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HomeMy WebLinkAboutPackets - Council Packets (1150) **AMENDED (8/31/04, 4:45 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 08, 2004 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) and (A)(4) Consultation with the Town Attorney for legal advice and/or pending litigation pertaining to Economic Development Agreement Referendums 2.**Pursuant to ARS 38-431.03(A)(3) & (A)(7) Consultation with the Town Attorney for legal advice and discussion relating to the purchase/lease of real property for Town Facilities RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER 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. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 8-9-04; 8-18-04 B. Resolution No. (R)04-86 Approving the Intergovernmental Agreement between Pima County, a political subdivision of the State of Arizona for 09/08/04 Agenda, Town Council Regular Session 2 and on behalf of the Pima County Health Department, and the Town of Oro Valley, for and on behalf of the Oro Valley Police Department, to participate in the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program C. Resolution No. (R)04-87 Adopting Town of Oro Valley's Coyote Run "Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy" D. Resolution No. (R)04-88 Award of contract to RS Engineering not to exceed $61,163.00 for professional engineering services for Post Design of the Pusch View Lane Extension & First Avenue Bridge projects (Project Nos. OV 30 99/00 20 and OV 30 00/01 08) E. Resolution No. (R)04-89 Authorizing and Approving an inspection services contract with Westland Resources Inc. for inspecting the new construction of the Reclaimed Water Pump Station and Reservoir 2. PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING BOARD AND COMMISSION MEMBERS 3. PRESENTATION REGARDING THE WEST NILE VIRUS BY DR. ELIZABETH MACNEILL (PIMA COUNTY HEALTH DEPARTMENT) 4. PRESENTATION OF STATUS OF RECLAIMED WATER SYSTEM PROJECT 5. PUBLIC HEARING — ORDINANCE NO. (0) 04-20,, OV9-03-25, PLANNING RESOURCES REPRESENTING DEVELOPMENT SITES LTD. REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (RESIDENTIAL WITH 36,000 S.F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF WILSON SCHOOL, PARCEL 224-11-0190 (CONTINUED FROM AUGUST 4, 2004) Explanation: The rezoning consists of 17 acres and if rezoned will allow the development of 20 single family lots. 6. DISCUSSION AND POSSIBLE ACTION TO ACCEPT PETITIONS PRESENTED BY STOP O.V. OUTRAGEOUS GIVEAWAYS PERTAINING TO ECONOMIC DEVELOPMENT AGREEMENT REFERENDUMS PER ARIZONA REVISED STATUTES, TITLE 19 (CONTINUED FROM 8/18/04) TOWN MANAGER'S REPORT COUNCIL REPORTS DEPARTMENT REPORTS 09/08/04 Agenda, Town Council Regular Session 3 CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 08/25/04 AMENDED AGENDA POSTED: 08/31/04 4:30 p.m. 4:30 p.m. lh lh When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700. 09/08/04 Agenda, Town Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. 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. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 08, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM 1 . Pursuant to ARS § 38-431.03(A)(3) and (A)(4) Consultation with the Town Attorney for legal advice and/or pending litigation pertaining to Economic Development Agreement Referendums RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER 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. 1 . CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 8-9-04; 8-18-04 B. Resolution No. (R)04-86 Approving the Intergovernmental Agreement between Pima County, a political subdivision of the State of Arizona for and on behalf of the Pima County Health Department, and the Town of Oro Valley, for and on behalf of the Oro Valley Police Department, to participate in the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program 09/08/04 Agenda, Town Council Regular Session 2 C. Resolution No. (R)04-87 Adopting Town of Oro Valley's Coyote Run "Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy" D. Resolution No. (R)04-88 Award of contract to RS Engineering not to exceed $61,163.00 for professional engineering services for Post Design of the Pusch View Lane Extension & First Avenue Bridge projects (Project Nos. OV 30 99/00 20 and OV 30 00/01 08) E. Resolution No. (R)04-89 Authorizing and Approving an inspection services contract with Westland Resources Inc. for inspecting the new construction of the Reclaimed Water Pump Station and Reservoir 2. PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING BOARD AND COMMISSION MEMBERS 3. PRESENTATION REGARDING THE WEST NILE VIRUS BY DR. ELIZABETH MACNEILL (PIMA COUNTY HEALTH DEPARTMENT) 4. PRESENTATION OF STATUS OF RECLAIMED WATER SYSTEM PROJECT 5. PUBLIC HEARING — ORDINANCE NO. (0) 04-20, OV9-03-25, PLANNING RESOURCES REPRESENTING DEVELOPMENT SITES LTD. REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (RESIDENTIAL WITH 36,000 S.F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF WILSON SCHOOL, PARCEL 224-11-0190 (CONTINUED FROM AUGUST 4, 2004) Explanation: The rezoning consists of 17 acres and if rezoned will allow the development of 20 single family lots. 6. DISCUSSION AND POSSIBLE ACTION TO ACCEPT PETITIONS PRESENTED BY STOP O.V. OUTRAGEOUS GIVEAWAYS PERTAINING TO ECONOMIC DEVELOPMENT AGREEMENT REFERENDUMS PER ARIZONA REVISED STATUTES, TITLE 19 (CONTINUED FROM 8/18/04) TOWN MANAGER'S REPORT COUNCIL REPORTS DEPARTMENT REPORTS 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 09/08/04 Agenda, Town Council Regular Session 3 Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 08/25/04 4:30 p.m. lh When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. 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. MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION AUGUST 9, 2004 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: AT OR AFTER 4:30 p.m. CALL TO ORDER: 4:35 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Me Barry Gillaspie, Council Me r Terry Parish, Council Me r EXCUSED: Paula Abbott, Vice Ma, DISCUSSION AND REVIEW OF THE P ' :.ORMIN S FACILITIES FEASIBILITY STUDY AND BUSINES` M ;:N :�: BB LILTING SERVICES, NEW YORK, NEW YORK) CommunityDevelopment Direct► Sincl ted that the Naranja Townsite Master Plan _ . . was completed in 2002 and ac a own it in November 2002 after a 15 month p process involving a Task F► nd a :a Co ittee. He explained that the Task Force & Steering Committee went o = + survey the community wants and needs which were compiled into a s. er p 4 the help of a Consultant. The Master r Plan includes a central core area f- do orming arts center and an outdoor fixed seat amphitheater al• ith a um ter and plaza. He explained that the indoor and outdoorp erfo s arts facile conceptually reflected the wants and needs of the community g throe h an exten tizen p ipation process. He stated that the Town Council approved an appropriation of fun ► ber to enlist the services of Webb Management Services to provide the Town with r h:_: essional needs assessment/feasibility study for performing arts facilities. The Feasibility tudy was completed and presented to the Town Council during their study session on March 29, 2004. This was followed up by an Executive Summary of the study complete with concise recommendations and conclusions, which was accepted by the Town Council on May 19, 2004. Mr. Sinclair explained that staff was then directed by Town Council to proceed with the next phase of the study which is the development of a Business Plan. Webb Management Services submitted a Business Plan Proposal whichmwas approved by the Town Council in regular session on May 19. . 08/09/04 Minutes,Council Study Session 2 Duncan Webb, President of Webb Management Services Incorporated gave the following project history: • December 2003, the Town hired Webb Management Services to conduct a feasibility study to discover the need, if any, for new performing arts facilities in Oro Valley. This study was precipitated by the development plans of the Naranja Town site, currently in the planning stage. • Duncan Webb and Michael Chipman traveled to Oro Valley in January, 2004 to interview arts groups, education and civic leaders, conduct local facility tours, then supplemented that research with follow-up phone calls, e-mail and independent market research. • The following presentation details the conclusions and recommendations based on that research. Oro Valley Community Center Master Plan,December 1997 • Called for a public gathering place for meetings, perfo I education—a"high priority" • 31,000 SF facility to include: • 900-seat auditorium with stage & dressi, doms • Two 1,000 SF multi-purpose rooms • Two 1,600 SF multi-purpose studios • 1,000 SF conference room • Administrative offices • 180-car parking lot 110,, • Total Project cost estimate: $5.7 mi Mr. Webb reviewed The Needs w •nt in l tion: • Types of Audiences • Types of Uses and . 41p • Regional FacilityInve is in e metropolitan Tucson area, including Oro g Valley • Benefits : •ac • Comp Commu • Nationa s in Fa Development Mr. Webb explained t in Conclusions and made the following Recommendations: g • Oro Valleyshow idence of a strong potential audience for the arts in demographics and projected growth. • There is strong leadership in place through GOVAC and a supportive Town Council to make this project happen. • Many arts groups and patrons have expressed interest in using and attending events at a new facility in Oro Valley, particularly music (orchestral and choral) groups. • The area facility inventory has gaps for music and dance in the 1000-2000 seat range, particularly in northwest Tucson. • There is a need for something distinctive, that serves local arts groups and audiences,but that also appeals to tourists, Tucson residents, snowbirds, and second home-owners. • 08/09/04 Minutes,Council Study Session 3 • That facility could be indoor or outdoor, depending on a variety of factors, including timing, user demand and funding. Recommendation 1: Indoor Facility/Community Arts Center • Small, flexible theater(200-300 seats) • Classrooms • Art studios • Rehearsal rooms • Support space Why? • Cultural infra-structure • Local programs and audiences • Emphasis on arts education Comparables: • Rose Wagner Center, Salt Lake City, Utah • Prairie Center, Schaumburg, Illinois • Largo Cultural Center, Largo, Florida • Lear Theatre, Reno,Nevada Recommendation 2: Enclosed Outdoor Fa • An enclosed facility that extends the son a +vides a very high quality space for music. • Option of a flat-floor capability to sup, P co unity special events. Why? • Extend the season—h a, ncept • Works in the Park • Something di stinctiv • Unique in the -• *1 • For festiv. ni is • No ven large o +r co erts From Outdoo closed • Opportune ten. season • Opportunity t• thing unique/special • Consider some c to control • Conversation with Harry Teague Comparables: • Walk Festival Hall, Jackson Hole, Wyoming • Seiji Ozawa Hall, Tanglewood, Massachusetts • Alice Busch Theater, Cooperstown,New York Recommendation 3: Development Options • Develop indoor and outdoor facilities together • Share production, administrative and support space Why? • Economies and efficiencies 08/09/04 Minutes,Council Study Session 4 • Operating responsibility for both Comparables: • Sandy City Amphitheater& Arts Center, Sandy, Utah (suburb of Salt Lake City, UT)). • Arvada Performing Arts Center, Arvada, Colorado (suburb of Denver, CO). Big Issues: • Relationship of arts facilities to recreation facilities. • The role of the private sector in funding construction and operations. • The further development of GOVAC. Mr. Webb explained that because of the Town site, he asked the Town ouncil to think of the operation in 3 pieces: 1. Performance enclosure 2. Community Arts Center 3. Community Recreation Center Basic Conclusions: • The Town through Parks and Recreation sho. - th- ator of the facilities, responsible for the physical care and maintena e rental of space for Art Groups, Rec Center and for community usage. • GOVAC should be the presenter an k 'A 1 wor. •rogrammer for the performing arts center and the com - ba d on their skills and resources and develop a plan that demonstrates k e their mission. Rationale: • Town is in the stron:- -ositi• • take •f spaces, develop programs and manage rentals. • GOVAC is in the stro _ •sltlon • e on the role of presenter and GOVAC can seek private sect• for •cility and its programs. • Create in es 1 VA, •artner and help raise the funds. • GOV A the To iff have a strong working relationship and could figure out how the buil. ould w• in a day to day basis. Next Steps: • Feedback on con sions and recommendations • Business Planning Organizational structure Scheduling Charrette Activity profiles Governance plan Pro-forma operating budget Economic impact analysis - Funding plan In response to a question by Mayor Loomis regarding funding, Mr. Webb explained monies come from grants and donations, corporate donations, endowment income, town funds or 08/09/04 Minutes,Council Study Session 5 services, annual fundraising, etc. Mr. Webb explained that one of the keys to remember is to recommend a level of activity that is achievable,but has enough activity to spend the money necessary to complete the facilities. Mayor Loomis called a recess at 5:20 p.m. Meeting resumed at 5:30 p.m. DISCUSSION AND REVIEW OF PLANS AND SPECIFICATIONS REGARDING THE COMPLETION OF THE ORO VALLEY PUBLIC LIBRARY—PHASE II Community Development Director Brent Sinclair gave the history of how the Oro Valley Public Library was developed. He reviewed a synopsis of the events leading to present day: • July 1999, the Town and County assembled a broad based Technical Advisory Committee composed of Oro Valley citizens, staff from R ey, Pima County and Cityof Tucson (TPPL). The u ose of this committer y s to the planning and purpose design process for the library. • An IGA between Oro Valley and Pima County , sproved in Au_ 999 with Pima County obligating to pay $2,000,000 for the cti. st of the li.nary and Oro Valley obligating obli atin to pay the balance. The IG a future IGA would be developed to address the operations and mainten. the library. • The Library Technical Advisory Co p- -- establis oject parameters and interviewed architects for the prof ec ensi -view and interview process, the LTAC recommended the architectR Wald-Hopkins to proceed with the programming and design •f the lib • On December 1, 1999, t ontra t { ith Bums Wald-Hopkins to plan and design the library. • The next 15 month• >iste o • •lic meetings, open houses, public hearings and presentations con. • . . • The Town C• pr• t e plans and released the project for bid in early 2001. • The proj e a square foot library; 15,000 square feet operational on op enin• and a 11 sq u. foot shell that was to be finished out at a later date. • Thep ro -nt out ftId and was awarded to Carnes Construction Company in May 2001. • Construction4<: was completed in July 2002 and the grand opening was August Y 17, 2002. • June 2003, the Town contracted with the architectural firm of Burns Wald-Hopkins to program the 10,000 square foot shell (Phase II) and provide an estimated cost for the professional design services and total construction cost. • Programming involved meeting with library staff, TPPL staff, Pima County staff, Friends g g of the Oro Valley Library and various user groups to develop a space allocation concept addressing the needs of the library. The concept was then refined to a schematic that graphically represented the floor plan of the finished library. • Programming was completed and the Town contracted with Burns Wald- Hopkins in January 2004 to prepare final construction plans and specifications for Phase II. 08/09/04 Minutes,Council Study Session 6 LibraryAdministrator Mary Hartz-Musgrave reported that the Oro Valley Public Library has . veryactive users, senior citizens, families and students, who expect value based service, which creates a very social community oriented library. She explained that library services reflect our national standards for a medium sized library as provided by the American Library Association and the Public Library Association. She explained that a medium sized library is defined by having a collection of items between 50,000 and 100,000. Ms. Hartz-Musgrave showed slides of the floor plan and the proposed upgrades to the library. g She pointed out several improvements, such as an additional security system to protect the collection and complete the circulation services to the library. In addition, the information desk will be enlarged to allow for additional staff to help serve the users during peak times. An area will be set aside for the "Friends of the Library"to greet customers, se geir used books and school supplies. She explained that the completion of the 10,000 so foot shell will increase pp usage of the library by 66%. She explained that the library opens a collection of 57,000. The current collection is at 80,200 items. When the shell is co -te - ving will be provided for upto items. She pointed out the locations of a► .itional • • room, 120,000 conference room, staff area, computer room and the ins on of Y5 for .s access ra throughout the library, which will allow access to the et a lap top omputer. g �' Youth Services Librarian Tom Sommers reviewed the i -ments proposed for the teen zone and children's area. He explained that the c• -ted teen ill increase from 100 square feet to 1,000 square feet and will include a a n .s •cater , -•y area, audio/visual services and homework help in the teen zone. Impro - ` 4° • dren's area will include an increase in size from 1,000 square feet to 2,01 ee . his will accommodate additional computers, shelving space,ace, learn' -r, ho help, audio/visual services, a new service p desk for reference and check-• •n, an 0 restrooms. Mr. Sinclair stated that with le ase II of the Library, this will complete the 1996oals set bythe -. m pica • ory Committee and allow teens and children to be in a g separate area. Thi st} 5K • d- `}f t the amount of noise currently in the library. He stated that when this ]:- is co d, 1 be the most advanced library in the region. Mr. Sinclair revi- e esti► -d costs for the entire project of$1.1 million and reviewed the category of costs lis - • Constructi b n cost $ 567,445 Parking lot 60,000 Professional services 30,000 Telecommunications &Technology 200,000 Furnishing/Fixtures/Equipment 194,000 Total $1,051,445 Contingency @ 5% 52,572 Grand Total $1,104,017 • 08/09/04 Minutes,Council Study Session 7 In response to a question by Council Member Dankwerth, Mr. Sinclair stated that when Phase II p is completed staffing needs will increase by 30%. He stated that information will be presented in more detail when the IGA is presented to the Town Council. In response to a question by Council Member Gillaspie, Mr. Sinclair stated that Pima County will not pay for landscaping or janitorial services. In response to a question by Councilmember Gillaspie, Ms. Hartz-Musgrave stated that a townwide public computer access policy will need to be written that will mirror the TPPL's policy. She stated that all computers are filtered now. Mayor Loomis asked that the IGA be presented to the Town Council on September 8, 2004, if Y possible. He asked to see the proposed budget in 2 parts: 1) What the budget would be if you were to start operatio t g 2) What the budget would be if the construction timet. s ows th . opening in April or May of next year. He also asked to have something in place for historic. l ADJOURNMENT A MOTION was made byCouncil Member er °�}; he stud session at 6.45 .m. y p MOTION SECONDED by Council Member ♦ •. ' ION carried 7—0. 410 ' espectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION AUGUST 18, 2004 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER 5:34 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Vice Mayor K. C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Terry Parish, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A motion was made by Council Member Culver and SECONDED by Council Member Dankwerth to go into Executive Session at 5:35 p.m. for the following purpose: 1. Pursuant to ARS § 38-431.03(A)(3) & (A)(7) Consultation with the Town Attorney for legal advice and discussion relating to the purchase/lease of real property for Town Facilities 2. Pursuant to ARS § 38-431.03 (A)(3) & (A)(4) Consultation with the Town Attorney for legal advice regarding Bloomfield vs. Oro Valley Grievance Review Board (Case#C-20032600) 3. Pursuant to ARS § 38-431.03(A)(3) and (A)(4) Consultation with the Town Attorney for legal advice and/or pending litigation pertaining to Economic Development Agreement Referendums Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Attorney and the Deputy Town Clerk, Finance Director David Andrews and Mark Reeder, Underwriter from Stone and Youngberg, would be present in Executive Session for Item 1 and Chief Sharp would be present in Executive Session for Item 2. Motion carried, 7-0. 08/18/04 Minutes,Council Regular Session 2 MOTION: A motion was made by Council Member Dankwerth and SECONDED by Council Member Parish to go out of Executive Session at 7:10 p.m. Motion carried, 7-0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:21 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paula Abbott, Vice Mayor K. C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member Terry Parish, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING Town Manager Chuck Sweet reviewed the upcoming meetings and events. He also announced that the regular Town Council meeting scheduled for September 1St had been moved to September 8th, due the Arizona League of Cities and Towns Conference. CALL TO AUDIENCE Jim Spoonamore, 315 West Spring Valley Drive, explained that the "no parking signs" erected in his neighborhood were ugly and did not serve any purpose. He requested that they be removed. Harold Kandetzke, 10130 North Sawgrass Drive, expressed concern regarding the future rezoning property oflocated on the northwest corner of Oracle Road and El Conquistador Drive. He explained that the request would be to rezone the area from an R-6 Zoning to -1 Zoning, which would consist of office buildings and restaurants. He stated that he C g, was very much againstincrease the rezoning because it would traffic flow and create intrusive noises. He believed that with the increased traffic there would be more accidents. 1. CONSENT AGENDA MINUTES Vice Mayor Abbott suggested the following changes be made to the August 4, 2004, minutes of the last sentence in the second paragraph of page 6: "She also expressed concern regarding the safety of future residents raised by Mr. Collier." 08/18/04 Minutes,Council Regular Session 3 Vice Mayor Abbott suggested that the following changes be made to the July 21, 2004, y parapgraph:e minutes page "especially when looking at the roadways each has to traverse, for example, Naranj a Road verses Tangerine Road." gg Mayor Loomis suggested including the map that was presented to Council as an exhibit. y Vice Mayor Abbott agreed. MOTION: Council Member Gillaspie MOVED to approve the Consent Agenda and the minutes of July 21, 2004 and August 4, 2004, as amended. Vice Mayor Abbott SECONDED the motion. Motion carried, 7-0. A. Minutes— 07/21/04; 08/04/04 (PULLED FOR DISCUSSION) B. Budget & Bond Committee Report to Council for the fiscal year ended June 30, 2004 C. Building Safety Activity Report—July 2004 D. Coyote Run Monthly Data Report—July 2004 E. Police Report—July 2004 F. Resolution No. (R)04-81 Accepting the quote and awarding a contract to Econolite Control Products Inc., in the amount of$24,658.00 to supply traffic control systems for the Tangerine/La Cholla Boulevard Intersection G. Resolution No. (R)04-82 Award of contract to Speedie and Associates in the amount of$200,000 for testing of construction materials for the La Canada Extension and Pusch View Extension and First Avenue Bridge Projects H. Resolution No. (R)04-83 Approving an acquisition agreement between the Town of Oro Valley and Rivers Edge Homeowner's Association, to acquire the property right of way, drainage, slope and trail easements located within Pima County Tax Parcel No. 224-28-1040 for the Pusch View Lane Extension, Project No. OV 30 99/00 20 I. Resolution No. (R) 04-84 Approving a slope and temporary construction acquisition agreements between the Town of Oro Valley and Dorothy M. and Lowell J. Williamson to acquire the property known as Pima County Tax Code Parcel No. 224-30-363A for the Pusch View Lane Extension, Project No. OV 30 99/00 20 J. Resolution No. (R) 04-85 Approving an acquisition agreement between the Town of Oro Valley and First American Title Insurance Company Corporation in the amount of$3,000 to acquire property known as Trust No. 5589, Pima County Tax Parcel No. 224-30-365A for the Pusch View Lane Extension, Project No. OV 30 99/00 20 K. Approval of request for sponsorship of Town Hall meeting with Congressman Jim Kolbe and District 26 Legislative Team, Senator Toni Hellon, Representative Steve Huffman and Representative Pete Hershberger, for Oro Valley residents on Tuesday, August 24, 2004 from 6:00 p.m. to 8:30 p.m. L. Extending the current terms of the Grievance Review Board members Ethel Rocco and Jack Redavid through December 31, 2004 08/18/04 Minutes, Council Regular Session 4 2. ANNUAL REPORT OF THE NORTHERN PIMA COUNTY CHAMBER OF COMMERCE, PRESENTED BY JERRY BUSTAMANTE Jerry Bustamante, Executive Director explained that the Chamber has maintained a contract with the Town of Oro Valley since 1998 to deliver services related to tourism, relocation, business retention& expansion and hosting events for the business community. He proceeded to give a Power Point presentation using the overhead projector to discuss activities that were being tracked and reported to the Town on a quarterly basis. 3. PRESENTATION BY PAUL WILLMAN AND STEVE LEBRECHT OF THE AMPHI FOUNDATION "RUN FOR EDUCATION" TO BE HELD IN ORO VALLEY ON NOVEMBER 14, 2004 Paul Willman and Steve Lebrecht of the Amphi Foundation gave a brief overview of the "Run for Education" event to be held in Oro Valley on November 14, 2004. They thanked the Town for their in-kind services in support of the race. They announced that if anyone was interested in volunteering for the event to contact Vanessa Hill at Wilson K-8 School or at the following email address: vhill@amphi.com. 4. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING MEDICAL BENEFITS FOR RETIRING TOWN EMPLOYEES Human Resources Director Jeff Grant reviewed the Council Communication. MOTION: Council Member Parish moved to ADOPT a retiree health insurance plan for Fiscal Year 2004-2005 using the Aetna HMO proposal. Eligible employees will be those who qualify as retirees under their respective retirement plan, and who have a minimum of ten years of service with the Town of Or Valley. Qualified retirees must elect coverage during the first 180 calendar days of their Oro Valley retirement date, and the retirees will be responsible for paying 100% of the premiums for this coverage. If the Town continues to offer this benefit in future years, early retirees will be eligible to participate until they are individually eligible for Medicare benefits. Council Member Culver SECONDED the motion. Vice Mayor Abbott acknowledged Council Member Carter for putting this item on the agenda and explained that the retirement plan will not only benefit the Police Department but all employees of the Town of Oro Valley. MOTION carried, 7-0. Mayor Loomis recessed the meeting at 8:04 p.m. The meeting resumed at 8:10 p.m. 08/18/04 Minutes,Council Regular Session 5 5. DISCUSSION AND POSSIBLE ACTION TO ACCEPT PETITIONS FOR POSSIBLE ACCEPTANCE AND PROCESSING PER ARIZONA REVISED STATUTES, TITLE 19 Mark Langlitz, Town Attorney, stated that because this matter was currently pending in g � Pima County Superior erior Court, he would recommend that this item be continued. Mayor Loomis opened the floor for discussion. The following citizens asked that the council accept the petitions for referring the Economic Development Agreement (EDA's) to the citizens. They also reviewed the EDA analysis and asked that Council re-evaluate the analysis as originally presented by the developer: • Art Segal, 10148 North Bighorn Butte Drive • Chet Oldakowski 11706 North Via De la Verbenita • Barry DiSimone, 13840 North Como Drive MOTION: Vice Mayor Abbott moved to CONTINUE this item to September 8th when the Town anticipates the results of the written legal opinions. Furthermore, she would like the results of the written legal opinions to be made available to the public because they are paying for it and she believed they deserve to know this critical information. p Yi Council Member Carter SECONDED the motion. Mr. Lang Litz recommended that the Council not agree to disseminate the legal opinion theywill receive to the public at this point in time, because the legal opinion was subject � �� was still in litigation, to "attorney client privilege". He explained that because this matter g , whatever Council is told by the attorney and it is made public will or could be used against the Town. Council Member Parish agreed. Council Member Dankwerth stated that she understood the wisdom of the attorney to review the written responses from the attorney's first,but she firmly believed that it was incumbent for the Town to share those responses to the public because it was the right thing to do to let the citizens know what the responses were. Council Member Gillaspie stated that the Council was privy to know what the decision wasp rior to releasing the information to the public and suggested that Council wait and reviews the legal responses. Council Member Culver agreed. Council Member Culver stated that it would be in everyone's best interest to review the legal response before it was released to the public. Vice Mayor Abbott stated that she would retract the portion of the motion that read, « Y available Furthermore she would like the results of the written legal opinions to be made to thep ublic because they are paying for it and she believed they deserve to know this critical information." 08/18/04 Minutes, Council Regular Session 6 MOTION: Vice Mayor Abbott MOVED to CONTINUE this item to September 8th, when the Town anticipates the result of the written legal options. Loomis opposed the decision because there was a lot of legal advice floating Mayor pp around and he did not know what kind of information would be provided that the Town was not already comfortable with. Motion carried, 5-2> with Mayor Loomis and Council Member Parish opposed. 6. P UBLIC HEARING—ORDINANCE NO. (0)04-24 AMENDING THE ZONING FROM TP TECHNOLOGICAL PARK) ZONING DISTRICT TO "R-4" (TOWNHOUSE RESIDENTIAL) DISTRICT, AND MAKING CORRELATIVE CHANGES TO THE TOWN OF ORO VALLEY ZONING MAP, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, FOR AN 8.35 ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD, PARCEL NUMBERS 224-33- 007A, 224-33-008A AND 224-33-011A Mark Castro, representing Tierra Right of Way Services representing DC Investments, explained that the applicant requests a zoning map amendment for an 8.35 acre property from Technological Park Zoning District to R-4 Townhouse Residential District, located on the northwest corner of Desert Sky Road and Valle Del Oro Road. He reviewed the site using the overhead projector. The following concerns were identified: • The distance between units. • Setbacks. • Single story versus 2-story. • Height restrictions. • Lot restrictions. • Lots 8 -16 and the potential 2-story home and the neighborhood community to the south and the potential impact it would have on the community. • The R4 Zoning. • The R4-R the (Resort District) and the 50 foot boundary line restriction. • Views. Bryant Nodine, Planning and Zoning Administrator gave a brief background of the property's Site Analysis and the Tentative Development Plan using the overhead projexplained projector. He ex that staff supported the change from commercial to residential use andenerall supports the density proposed for the site. Although, he explained, that g y pp thep rovisions are included in the Site Analysis Section II and the General Notes of the Tentative Development Plan, staff remains concerned that the 40 foot wide lots in the Tentative Development Plan might not be able to accommodate a home and garage with out thearage representing the most visually-dominant element on the lot. In conclusion, g he stated that staff had no additional conditions to add to the rezoning request. 08/18/04 Minutes,Council Regular Session 7 Mayor Loomis opened the public hearing. Bill Adler, 10720 ge North Eagle Eye Place, spoke in favor of the General Plan amendment y p 4 findings of fact. But stated he would continue to speak against the because it met the g rezoning of the site for the following reasons: it creates a congested environment, even though a recreation area provided,was being it was inadequate, a 2-story building should not be permitted under any circumstances, the plat did not adequately address the design did not think the streetscape was modified and there was too much density guidelines, he p p in the available space. He stated that the proper zoning would be R1-7. Ken Scoville, 701 Wetmore, representing the Amphitheater School District, stated that pp the district was opposed to the rezoning request since there had been no donation He explained that because of the increase of new homes being built, the agreement. p district would not have sufficient funds to support the influx of families and the adequate level of facilities required by the Facilities Board. Mayor Loomis closed the public hearing. The following topics were discussed: • The matrix that reflects the number of children that would be generated by the development. • The commitment of revenue for the overall matrix of the entire school district. • The size of the homes. • The "empty nest" concept. • Age restrictions. MOTION: Council Member Culver moved to APPROVE Ordinance No. (0) 04-24, OV 904O 1, SkyZoningMap Desert Amendment, Site Analysis and TDP, subject to all homes being one storywhich would be more conducive to "empty nesters." Council Member Abbott SECONDED the motion. Discussion: Vice Mayor Abbott stated that the development plan appeared to be too dense and she believed that families with children would be attracted to the area. Therefore, she recommended denial. Council Member Culver explained that the purpose for recommending that the homes be single-story was because they will be 1500 square foot homes, with two (2)bedrooms not decreasingthe likelihood the Town would have a lot of children in the three (3)thereby; development. She added that for an"empty nester"the higher density was unacceptable. MOTION carried, 5-2> Vice Mayor Abbott and Council Member Gillaspie opposed. Mayor Loomis recessed the meeting at 9:20 p.m. The meeting resumed at 9:25 p.m. 7. OV12-03-30 REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR 216 SINGLE-FAMILY LOTS, LOCATED IN RANCHO VISTOSO, 08/18/04 Minutes,Council Regular Session 8 NEIGHBORHOOD 10, PARCELS S, U AND V—LOCATED ON THE NORTHEAST AND NORTHWEST CORNERS OF MOORE ROAD AND LA CANADA DRIVE EXTENDED, PARCEL 219-19-002G PORTION Charlie Hulsey, The WLB Group, representing Vistoso Partners, gave an update of the site using the overhead projector to review the housing product and builder. He addressed conditions listed in"Exhibit A" and the property deeds as it related to the schools. Brent Sinclair, Community Development Director explained that the proposal was for 216 single-family lots on 62.14 acres with a Rancho Vistoso land use designation of � y medium density residential and medium high density residential. The following topics were discussed: • Future lot width changes. • How the request met Condition#3. • Changes being made to the Final Plat prior to being submitted to Council. • Establish more concrete criteria in the Code that would give the developer more structure as it relates to how future preliminary plans would be approached. • The Development Plan restriction in the Moore Road and La Canada area. • The timeline for completion of the Moore Road and La Canada Extension. Mayor Loomis opened the public hearing. The following citizens were opposed to the preliminary plat and urged Council to deny the request for the following reasons: medium and medium high density development are incompatible with the rural homestead zoning of the La Cholla Air Park, higher density development increases the possibility of conflict of use, the plat design did not relate properly to the adjacent properties, the average 3.2 units per acre was incompatible, safety, track housing encroachments, the airpark needs to have sufficient open space, the changes in land uses and zoning would not be compatible with the airpark and to request more time to meet with the developer to review the plan. • Christian Timmerman, 13211 North Kingair Drive • Mike Collier, 11461 North Kingair Drive • Barry DiSimone, 13 840 North Como Drive • Barbara Abrams, 13551 North Piper Drive • Ron Wiener, 13101 North Tailwind MOTION: Vice Mayor Abbott moved to DENY OV 12-03-30, Preliminary Plat for Rancho Vistoso Neighborhood 10 Parcels S, U, and V. Council Member Dankwerth SECONDED the motion. Discussion: Vice Mayor Abbott stated that encroachment was a big issue as it relates to the airpark. She explained that this would be the first step in shooting it down and felt there wasn't enough of a transition to the citizens near the La Cholla Airpark and she was 08/18/04 Minutes, Council Regular Session 9 very concerned about the safety of future residents that would be living in the area. She stated that lesser density would be better and the community was promised the 100 foot buffer but the Town keeps nibbling at it. She stated it was just not a safe thing to do for future residents. Council Member Culver stated that she too was concerned about the ongoing encroachment and had not heard the issue addressed. She was interested in obtaining more information about the document that Mr. Wiener mentioned about compatible uses around airparks. She believed it was important not to continue the track the Town was taking to build under the flight path of the airport. She stated the Town needed to protect thep ublic and not compromise public safety. She stated she could not support the plat as it has been presented at this time. Council Member Dankwerth agreed and stated that not to be disparaging to anyone but, in her mind the combination of perhaps a 25 year old airplane and a 65 year old pilot flying over low altitudes over properties where there are children was not the safest scenario. She added that this was one of two (2) areas that would allow the Town to retain more of a rural character. She stated for those two (2) reasons she would vote against the plat. Council Member Gillaspie stated that the feeling of some of the Council Members not withstanding, he agreed with the desire to be good neighbors with the La Cholla Airpark. He explained that the problem was that this was a request for a preliminary plat which has already been approved with zoning conditions by previous Council and the applicant has legal rights to what is being requested. He explained that there might be ways to back out of the request but suggested that a denial was not the best way to handle it. He felt they had a decent plat. Council Member Parish stated that this was not a rezoning therefore; he felt that a continuance might be in order in an attempt to find a method to mitigate the safety issues pointed out. Mayor Loomis pointed out that he did notice that the plat was missing the typical warning for homeowners identifying that they were in the approach zone of the airpark. Vice Mayor Abbott explained that the La Cholla airpark and the graphics of the aviation loops used were missing from the plat maps. She stated that the diagrams were very significant because they identify what areas were being impacted. If the diagrams had been given earlier, maybe this property would not have ever been rezoned to a higher density. She stated that the safety issue should go beyond anything the Council should approve tonight. MOTION failed, 3-4, with Mayor Loomis, Council Member Gillaspie, Council Member Culver and Council Member Parish opposed to the motion. 08/18/04 Minutes,Council Regular Session 10 MOTION: Council Member Culver MOVED to CONTINUE Case No. OV 12-03-30, Preliminary Plat for Rancho Vistoso Neighborhood 10 Parcels S, U and V. Council Member Culver explained that it was very important to identify the areas that would be directly under the take-off and landing when using the eastwest runway. She incumbent toprotect the public from any potential hazard and they need stated that it was to carefully evaluate which homes are most likely to be affected and then see what adjustments can be made. She reported that she was at the Development Review Board when thisplat was presented and Mr. Maes had agreed to the conditions that meeting would be done prior to being presented to Council, but this had not been done. So, she suggested for those reasons, she would like to continue the item to address the issues. Council Member Parish SECONDED the motion. Loomis defined the three (3) elements to be reviewed: 1) Get with Mr. Wiener and Mayor be applicable to the development and of his book to see which parts would obtain a copy rp how they can be incorporated. 2) Add the notification statements to the document. 3) Work on condition 3 to developsomething the Town feels would be more obj ective than the subjective one presented. Vice Mayor Abbott directed staff to include all maps in any future development. Dick Maes, 1121 West Warner Avenue, representing Vistoso Partners, stated that there had been several topics discussed as fact that were erroneous. He explained that there has been a 100 foot buffer along the western edge of the property and the property has always . never been rezoned. He pointed out that the request was not a rezoning but a platting. MOTION carried, 6-1, Vice Mayor Abbott opposed. 8. OV12-03-26 APPEAL OF DECISION BY THE DEVELOPMENT REVIEW BOARD TO DENY THE LANDSCAPE PLAN FOR 105 SINGLE-FAMILY LOTS, LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD—JUST NORTH OF THE NARANJA TOWN SITE, PARCEL #224-01-8270 MOTION: Vice Mayor Abbott MOVED to approve OV 12-03-26, Tangerine Terrace Landscape subject e Plan sub j ect to the conditions listed in Exhibit A. Council Member Culver SECONDED the motion. Exhibit A 1. Theirrigation irri ation system for recreation areas and common areas will have the ability to be retrofitted for reclaimed water when available. MOTION carried, 7-0. 08/18/04 Minutes,Council Regular Session 11 9. DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE INITIATION OF AN ANNEXATION MAP FOR APPROXIMATELY 3.029 ACRES OF UNINCORPORATED TERRITORY LOCATED EAST OF THE CURRENT TOWN LIMITS A PORTION OF THE SOUTHWEST QUARTER IN SECTION 5, TOWNSHIP 12 SOUTH, RANGE 14 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY,ARIZONA, THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER(LOCATED AT NORTH ORACLE ROAD AND RAMS FIELD PASS ROAD) MOTION: Council Member Gillaspie MOVED to GRANT the Town Manager authority to initiate the filing of an annexation map of 2.039 acres of unincorporated Pima County land located east of the current town limits and near the Rams Field Pass and Oracle Road intersection. Council Member Parish SECONDED the motion. Motion carried, 7-0. Mayor Loomis recessed the meeting at 10:20 p.m. The meeting resumed at 10:27 p.m. 10. DISCUSSION, CONSIDERATION AND/OR POSSIBLE ACTION RELATING TO THE PROPOSED AQUATICS OFFICE ENCLOSURE MOTION: Vice Mayor Abbott MOVED to transfer$24,000.00 from the General Fund Contingency to the Parks and Recreation Division Budget for the purpose of making g y improvements to the Municipal Swimming Pool Aquatics Office at James D. Kriegh Park. Motion failed for a lack of a second. MOTION: Council Member Dankwerth MOVED to TRANSFER$18,000.00 from the General Fund Contingency to the Parks and Recreation Division Budget for the purpose of makingimprovements to the Municipal Swimming Pool Aquatics Office at James D. Kriegh Park. Council Member Parish SECONDED the motion. Discussion: Vice Mayor Abbott stated that she did not believe that Ms. Reeder, the Parks and Recreation Administrator, would have brought the $24,000.00 estimate forward if she didn't think it was necessary. She stated that she would like to see the job done appropriately and believed the $18,000.00 would be undercutting the project. She added p that rather than having this item brought forward for more money later, the Town should fund what the Administrator originally asked for, which was the $24,000.00. Council Member Parish pointed out that this bid estimate was a courtesy from a contractor that the Town uses, and additionally, this project has yet to go through the competitive bid process which has a tendency to bring the price down. Council Member Dankwerth read the following from the Town Manager's recommendation, "it is my recommendation that the Council budget $18,000.00 for this Fiscal Year". Therefore, she felt comfortable going forward with the motion. 08/18/04 Minutes,Council Regular Session 12 MOTION carried, 7-0. 11. DISCUSSION, CONSIDERATION AND/OR POSSIBLE ACTION RELATING TO THE GENERAL PLAN UPDATE: DIRECTION REGARDING THE CREATION OF A CITIZEN'S COMMITTEE Council Member Culver explained that the Town should begin the formation of a committee to make the revisions that are necessary to the proposed General Plan so that the voters will pass it. She explained that the first step for this would be to bring the citizens back into the process The following issues were discussed: • Duties of the committee. • How many citizens would be appointed to the committee? • How will the citizens be chosen from each Board and Commission? • Who will appoint the citizens? • Subcommittee's involvement. • The "Keep It Simple" approach. • The OV Beyond 2004 Committee and the General Plan Steering Committee. • New citizens from the general public. • Possible study session to review this item to hear from staff in September. • A workshop setup to review the issues. Council Member Culver stated it was important to start getting the citizens thinking about their participation level and get names so that the committee could come together in the near future. Vice Mayor Abbott agreed and suggested directing staff to contact the various boards and commissions that have a direct relationship to the General Plan and consider who they want to appoint. She stated that in her opinion this would make the most sense initially and she believed that there should be two (2) representatives from the OV Beyond committee. She stated that OV Beyond knew exactly what needed to be changed because theyhave studied the General Plan and had intimate knowledge of the plan. She stated that she liked the idea of each Council Member appointing their own person to the committee and should allow at least three (3) or four(4) members from the original Steering Committee to serve. MOTION: Mayor Loomis MOVED to CONTINUE this item to a Study Session on September 20th to discuss the planning of the committee and what needed to be done to get going on the General Plan and to asked the DRB, P&Z, Parks and Recreation Advisory Board to identify representatives to serve on the Steering Committee for the new General Plan. He asked that the Boards and Commissions submit their information early in September and if they have an appointed representative, they should attend the Study Session on September 20th. Council Member Parish SECONDED the motion. 08/18/04 Minutes,Council Regular Session 13 Council Member Gillaspie stated that he could not support the motion because the Town needed to move forward to initiate an action now and should not wait until September 20th to get the General Plan going. Council Member Culver agreed and viewed the motion as delaying the process for another month and the Council's action needed to be more substantial. Council Member Abbott agreed. Council Member Parish pointed out that the Arizona League of Cities and Towns Conference takes place during the first week in September. Therefore, he felt that September 20th, was an appropriate date. He explained that this should not be considered as "no action taken" or a delayed tactic, but simply a method of giving staff, committees and Council an opportunity to reflect on who would be appropriate to serve. MOTION failed, 2-5, with Vice Mayor Abbott, Council Member Dankwerth, Council Member Carter, Council Member Gillaspie and Council Member Culver oppose. Mayor Loomis stated that the Council needed to dedicate some time to this process to determine what had been done and review the information available to get the General Plan passed. Council Member Dankwerth suggested having staff conceptualize a new General Plan Steering Committee and the parameters of which could be decided during the Study Session on September 20th. She explained that this would allow staff to come up with ideas that they could share with Council prior to the meeting and get the ball rolling to determine which boards and commissions would be involved. ALTERNATIVE MOTION: Mayor Loomis DIRECTED staff to contact the Planning and Zoning Commission, Development Review Board, Water Utility Commission, Parks and Recreation Advisory Board, Budget and Bond Board and Public Art Review Committee and ask them to appoint a representative; to place in the newspaper an ad seeking volunteers to work on a General Plan Update Citizen Committee; and to plan on a Study Session on September 20th to further plan and establish direction for this committee. Council Member Culver SECONDED the motion. MOTION carried, 6-1, Mayor Loomis opposed. TOWN MANAGER'S REPORT None COUNCIL REPORTS None DEPARTMENT REPORTS 08/18/04 Minutes,Council Regular Session 14 None CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Council Member Abbott moved to adjourn the meeting at 11:11 p.m. Vice Mayor Abbott seconded the motion. Motion carried, 7-0 Respectfully submitted, Linda Hersha, Secretary II I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 18th day of August, 2004. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2004. Kathryn E. Cuvelier, CMC Town Clerk -s B -1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 8, 2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp,Chief of Police Resolution#(R)04-86 SUBJECT: Intergovernmental Agreement For the Participation in the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program. 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) are providing the Oro Valley Police Department an opportunity to participate in an U.S. Department of Homeland Security 2003 State Homeland Security Grant Program. The program is designated to provide funds for the purchase of equipment, planning, training and response exercise for domestic preparedness. The total amount authorized for use by the Oro Valley Police Department for equipment, planning, and training is $47,405 and an additional $5,000 will be provided for cost reimbursement for response exercises, for a total of$52,405. The Intergovernmental Agreement is effective April 1, 2003 through April 30, 2005. Pima County Health Department, upon receipt of required documentation, will reimburse the Oro Valley Police Department with USDOJ funds for the purchase of the authorized equipment,planning,training and response exercises. FISCAL IMPACT: FY 04/05 =$52,405 ATTACHMENTS: Three (3) originals of the Intergovernmental Agreement. RECOMMENDATIONS: I move that Mayor and Council approve the participation of the Oro Valley Police Department in the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program through an Intergovernmental Agreement with Pima County. i '- c' .s ' A Da)iel Sharp,Chief of f :.s lice 6-.. — 1 Charles F. Sweet,Town Manager RESOLUTION NO. (R)04-86 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, a political subdivision of the State of Arizona for and on behalf of the Pima County Health Department, AND THE TOWN OF ORO VALLEY, for and on behalf of the Oro Valley Police Department,TO PARTICIPATE IN THE U.S.DEPARTMENT OF HOMELAND SECURITY 2003 STATE HOMELAND SECURITY GRANT PROGRAM. WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter Agreements for joint and cooperative action with other public agencies;and WHEREAS, the Town of Oro Valley is empowered by Title 9 Arizona Revised Statutes to enter into contracts and to establish and maintain the Oro Valley Police Department, pursuant to ARS § 9- 240(B)(12);and WHEREAS, the Town of Oro Valley desires to formalize the relationship between Pima County and the Oro Valley Police Department by entering into an Intergovernmental Agreement for the participation of the Oro Valley Police Department in the U. S. Department of Homeland Security 2003 State Homeland Security Grant Program;and WHEREAS, it is in the best interest of the Town to enter the Agreement, attached hereto as Exhibit"A" and incorporated herein by this reference, in order to set forth the terms and conditions to provide for the health,safety and welfare of the residents in the Town of Oro Valley: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement between the Town of Oro Valley and Pima County is attached hereto as Exhibit"A"is hereby approved. BE IT FURTHER RESOLVED that the Mayor,and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona,this 8th day of September ,2004. TOWN OF ORO VALLEY,ARIZONA Paul H.Loomis,Mayor ATTEST: Kathryn E. Cuvelier,Town Clerk APPROVED AS TO FORM: Mark Langlitz,Town Attorney Intergovernmental Agreement between PIMA COUNTY and the TOWN OF ORO VALLEY, for Equipment Purchases, Planning, Training and Response Exercise costs under the U. S. Department of Homeland Security 2003 State Homeland Security Grant Program. This Intergovernmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona, for and on behalf of Pima County Health Department, hereinafter referred to as COUNTY, and the Town of Oro Valley, for and on behalf of the Oro Valley Police Department, hereinafter referred to as CONTRACTOR, pursuant to A.R.S. § 11-952. Recitals A. WHEREAS COUNTY was awarded the United States Department of Homeland Security 2003 State Homeland Security Grant Program (SHSGP) through the Arizona Division of Emergency Management; and B. WHEREAS COUNTY and CONTRACTOR may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. C. WHEREAS COUNTY wishes to supplement Homeland Security training, response exercises and equipment purchases necessary for terrorist incident response in Pima County; and D. WHEREAS CONTRACTOR is qualified to perform these activities for response to a terrorist incident; and E. WHEREAS pursuant to the United States Department of Homeland Security State Homeland Security Grant Program, CONTRACTOR is named as a recipient under the grant award. NOW, THEREFORE, COUNTY and CONTRACTOR, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement I. Purpose. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of the parties for the authorized expenses under the State Homeland Security Grant Program and to address legal and administrative matters among the parties. II. Scope. A. CONTRACTOR may only utilize the funds provided pursuant to this Agreement for authorized expenses identified in the F/Y 2003 State Homeland Security Grant Program Guidelines, Exhibit A, (Appendix A, Appendix B, Appendix C). In order to be reimbursed, CONTRACTOR must submit documentation to COUNTY identifying expenses by Category, in accordance with "Allowable Equipment, Exercises, Training Planning/Administrative Costs" Appendix B. The documents may include employee related expense records, travel expense records, purchase orders, requisitions or other such expense documents, showing the vendor name and address, details of expenditure, and agreed upon amount(s). Final proof of purchase must be submitted to COUNTY within 60 days after dispersal of funds by COUNTY and may include paid purchase orders, warrants or claim demand documentation showing the vendor name and address, details of purchase and amount(s) paid for authorized expenses B. CONTRACTOR may be reimbursed for response exercises pursuant to the 2003 State Homeland Security Grant Program in an amount not to exceed $5,000. Oro Valley IGA.doc 1 III. Financing. • A. COUNTY shall reimburse CONTRACTOR upon receipt of required documentation as listed above in Section II. Only grant funds will be used for compensation and payments paid to CONTRACTOR. B. Funds in the amount of$47,405 have been allocated for State Homeland Security Grant Program authorized expenses by CONTRACTOR and up to $5,000 have been allocated for response exercise cost reimbursement to CONTRACTOR during the period April 1, 2003 through April 30, 2005. Total payments by COUNTY to CONTRACTOR under this Intergovernmental Agreement shall not exceed Fifty Two Thousand Four Hundred and Five Dollars ($52,405). C. All expenditure documentation must be received by COUNTY prior to dispersal of funds. No payments under this Agreement will be made for expenses incurred after April 30, 2005 and for expense documentation received after May 31, 2005. IV. Term. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder. Except as otherwise provided in this Agreement, this Agreement shall terminate on April 30, 2005. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties hereto. V. Termination. Either party may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. VI. Insurance. CONTRACTOR shall provide evidence of insurance as follows: A. Commercial general liability in the amount of$1,000,000.00 combined, single limit Bodily Injury and Property Damage or$1,000,000.00 Bodily Injury, $1,000,000, $1,000,000.00 Property Damage. Pima County is to be named as an additional insured for all operations performed within the scope of the Contract between Pima County and CONTRACTOR. B. Automobile liability coverage for owned, non-owned and hired vehicles must be provided with limits in the amount of$1,000,000.00 combined single limit ore $1,000,000.00 Property Damage; C. If this Contract involves professional services, evidence of professional liability insurance in the amount of$1,000,000.00 must be provided; and, D. Evidence of statutory Worker's Compensation coverage must also be provided. All certificates of insurance must provide for guaranteed thirty (30) days written notice of cancellation, non-renewal or material change. Any modifying language in the insurance certificate must be deleted. VII. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: COUNTY: CONTRACTOR: Director Chief, Oro Valley Police Department Pima County Health Department 11000 N. La Canada Drive 150 West Congress Oro Valley, Arizona 85737 Tucson, Arizona 85701 520-229-4900/Fax 229-4979 VIII. Indemnification. CONTRACTOR shall indemnify, defend and hold harmless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omission of CONTRACTOR, its agents, employees or anyone acting under its direction, control or on its behalf unless due solely to county negligence. Oro Valley IGA.doc 2 IX. Compliance with Laws. CONTRACTOR shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. X. Non-Discrimination. CONTRACTOR shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out CONTRACTOR'S duties pursuant to this Agreement. CONTRACTOR shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. Xl. ADA. CONTRACTOR shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XII. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. XIII. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. XIV. Non-Appropriation. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, Pima County shall have no further obligation to CONTRACTOR other than for payment for services rendered prior to cancellation. XIV. Worker's Compensation. Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. XV. No Joint Venture. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership,joint venture or employment relationship between the parties or create any employer-employee relationship between COUNTY and any CONTRACTOR employees, or between CONTRACTOR and any COUNTY employees. Neither party shall be liable for neither any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XVI. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. XVII. Other Documents. CONTRACTOR is a subcontractor to COUNTY under the Arizona Division of Emergency Management (ADEM) U. S. Department of Justice 2003 State Domestic Preparedness Grant, the terms and conditions of which are expressly made a part of this Intergovernmental Agreement. (See Exhibit B) and shall apply with equal forces to CONTRACTOR as if CONTRACTOR were the "Sub- grantee" referred to therein and as if PIMA COUNTY where the "ADEM" referred to herein. Additionally, where the word "State" appears, it is understood to include PIMA COUNTY. XVIII. Entire Agreement. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder or Arizona Secretary of State as appropriate. Oro Valley IGA.doc 3 IN WITNESS WHEREOF, the parties do hereby agree to carry out the terms of this INTERGOVERNMENTAL AGREEMENT. PIMA COUNTY CONTRACTOR By: By: Chair Mayor Pima County Board of Supervisors Town of Oro Valley Date: Date: ATTEST ATTEST By: By: Clerk Clerk Pima County Board of Supervisors Town of Oro Valley APPROVED AS TO CONTENT By: Director Pima County Health Department Pursuant to A.R.S. § 11-952, the undersigned public agency attorneys have determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. / • , ; P ,,, ,_..._,,, siAtiO13. - " ' ---. By: By: e u fy Co my Attorney Attorne / p y `, Town of Oro Val -y : Date: MA-A, V '24i-i Date. 2/4,VOii Oro Valley IGA.doc /P—OL14 • • i • • ,a • 1 • • • • Foreword In July, 2002, the President approved the National Strategy for Homeland Security, a road - map for the national effort to prevent and respond to acts of terrorism in the United States.The • National Strategy recognizes the vital role of .state and local public safety agencies encies in providing for the security of our homeland. in April, 2003, the President signed into law the. Wartime Supplemental -Appropriations Act of 2003, which provides state and local - • governments with additional funding to participate in the national effort to combat terrorism. The U.S. Department of Homeland Security(DHS.),Office for Domestic Preparedness(ODP) • FY 2003 State Homeland Security Grant Program - Part II (SHSGP II) reflects a confluence of important Presidential initiatives designed.to enhance the preparedness of the nation to • combat terrorism.:-.Whereas most states and municipalities have strengthened their overall capability to respond to acts of terrorism involving chemical, biological, radiological, nuclear , or explosive (CBRNE)weapons, there continues to be room for improvement in meeting our national priorities of preventing and responding to terrorist attacks. - The Office for Domestic Preparedness is providing additional financial assistance directly to . each of the nation's states and territories through the FY 2003 SHSGP II. This- financial assistance is being provided .to address the unique equipment, training, planning and exercise needs of state and local emergency responders, as well as to pay for-costs associated.with increased security measures at critical infrastructure sites during the period - of hostilities with Iraq and for future periods of heightened threat. . • - • The Department of Homeland Security looks forward to working with all of you in this critical national effort to secure our homeland. - • Tom Ridge • - • Secretary Department of Homeland Security • • • • • • • • • • • • YISTTQ T?' A ti N r • •' • • • • • • Contents • • • • • I. • • Background . • 2 . IL The Fiscal Year 2003 State Homeland Security Grant Program -.Part II 2 {ll. Eligible Applicants and Funding Availability .4' • IV. • • Application Guidance 6 V. • Application Requirements. • 6 • VI. Administrative Requirements . 7. VII. Reporting Requirements . • q 9 Appendix A Site Eligibility for Critical Infrastructure Protection Funding Appendix B Allowable Equipment, Exercise, Training and Planning/Administrative C osts Appendix C Grant Reporting Requirements • . q • • • • • ti , • • • • • . . • I. • Background The U.S. Department of Homeland Securitythrou h the g Office for Domestic Preparedness (ODP), is providing additional financial assistance directly to each of the nation's states and territories through the Fiscal Year (FY) 2003 State Homeland Security Grant Program-Part II(SHSGP 11).This financial assistance is beingprovided to supplement � funding available through the FY 2003 State Homeland Security Grant Program for first responder preparedness, and to mitigate the costs of enhanced security at critical infrastructure facilities during the period of hostilities with Iraq and future periods of heightened threat. The Office for Domestic Preparedness transferredfrorri the U.S.Department of Justice p ,Office of Justice Programs (OJP), to the U.S. Department of Homeland Securityeffective Ma 2003. rch 1, The OJP Office of the Comptroller..(OC) will continue toPP rovide fiscal support and p oversight to the SHSGP Ii for the effective period of performance for the grant. - 11. The FY 2003 State Homeland SecurityGrant Program - Part II A. ' Authorized Program Purpose • • Funding for the FY 2003 SHSGP II is authorizedby: 1) Public Law 108--11, the Wartime Supplemental Appropriations Act of 2003; 2) Public Law 107-56, the USA Patriot Act of 2001; and, 3) Public Law 107-296, the Homeland SecurityAct of 2002. • The FY 2003 SHSGP iI seeks to provide the resources necessary for states and local communifiies to supplement funding available.through the FY 2003 State Homeland Security Grant Program for first responder preparedness, and to mitigate the costs of enhanced security at critical infrastructure facilities during the iDeriod of hostilities with Iraq and future periods of heightened threat. B. . Program Requirements • Receipt of funds under ODP's FY 2003 SHSGP II is contingent on-line grant application described in Section.V of the FY 2003 SHSGP 11 Program Guideli nes andA•. ' .tio ��it :A;g er a-ins orfun fr g:�;.ntle s r t s' '•mjt e• •y May 30, 2003. In addition, funds provided asart of the FY 2003 S asp art 11 must be obligated within 45 days of the-grant award date. • • • • • • 4 • t ,Y , f • • • C. Authorized Program Expenditures . 1. Critical Infrastructure Protection:Funds provided as art of the FY 2003 • .p SHSGP 11 may be used for: 1) public safety agency.overtime costs; 2) contract security• personnel costs; and, 3) state-ordered National Guard deployments required to augment security at critical infrastructure during the period of hostilities with Iraq and future periods of heightened threat. Guidance on the use of funds for future periods of heightened threat, should these arise, will be provided to each grantee by the Department of Homeland Security. A list of critical infrastructure .eligible for security funding support with funds provided through the FY 2003 SHSGP II may be found in Appendix A. States are advised that at least 50 percent of this funding allocation MUST be • provided to local communities, • • • 2. First Responder Preparedness: Funds as rovided part of the FY 2003 SHSGP P II may be used to supplement activities initiated with the state's Fiscal-Year 2003 State Homeland Security Grant, including: 1) procurement of specialized emergency• response and terrorism incident prevention equipment; 2) design, development, conduct and evaluation of combating terrorism exercises; 3) institutionalizing awareness and performance level training at the state and local level; and,4planning 9 and administrative costs associated with updating and implementing the state's homeland security strategy.A complete list of allowable equipment, exercise, training and planning/ administrative costs may be,found in Appendix B. • States are advised at.least 80 percent of this funding allocation MUST be . • provided to local communities. • D. Unauthorized Program Expenditures 1. Critical Infrastructure Protection: Grant funds awarded u nd,er this •rogram , ay. n not be used to pay for elanced security costs incurred prior to arc17, 2003or after 4.c =0; 043 i ss otherwise specified by the DepartmentofHomeland Security. Note: Funds not used to cover costs of heightened security at critical infrastructure •sites during the period of hostilities with Iraq as defined above may be retained through the end of the award period foruse in conjunction with future periods of heightened threat. Guidance on the use of funds for future periods of heightened threat, • should these arise, will be provided to each grantee by the Department of Homeland Security. • 2. First Responder Preparedness: Grant funds awarded under this program may notbe used for emergency responder programs inconsistent with the state's homeland , security strategy, or for equipment, exercise,training or planning/administrative costs 3 • . • incurred prior to the award start date of the grant or otherwise budgeted for with state or local funds. • Ill. Eligible Applicants and Funding Availability • The FY 2003 SHSGP Il is intended to supplementfunding available through the-FY 2003 State Homeland Security Grant Program for first responder preparedness, and to provide the resources necessary for states and local communities to mitigate the costs of enhanced security at critical infrastructure facilities during the period of hostilities with Iraq and future periods of heightened threat. The Governor of each state has designated a state agency, also known as a state administrative agency•(SAA),to apply for and administer the grant funds under this program. The State may elect to subgrant FY 2003 funding directly to cities or counties within the State or to retain the-funds for.use*at the State level, provided.that•the State has complied with any pass through requirements that apply. FY 2003 allocations for first responder preparedness and heightened critical infrastructure preparedness were determined using a base amount of.75 percent of the total allocation for the states (including the District of Columbia and the Commonwealth of Puerto Rico) and .25 percent of the total allocation for the U.S. territories, including American Samoa, the • Commonwealth of the Northern Mariana Islands, Guam and the.U.S.Virgin Islands),with the • balance of funds being distributed on a population-share basis. Population figures for the fifty states,the District of Columbia and the Commonwealth of Puerto Rico were determined using • July 2002 U.S. Bureau of the Census population etimates. Population figures for American- Samoa,the Commonwealth of the Northern Mariana Islands,Guam and the U.S.Virgin Islands • were determined using April 2000 U.S. Bureau of the Census data. The table on the next page provides a breakdown of FY 2003 funding allocations by state. • •• • • • • • • 4 ) . . ) .. .` 1 l j , 1 , • ,C **-.• . • • STATE HOMELAND SECURITY GRANT PROGRAM-PART II . • • FISCAL YEAR 2003 FUNDING ALLOCATIONS • FIRST RESPONDER CRITICAL PREPAREDNESS INFRASTRUCTURE • ALLOCATION • PROTECTION . . TOTAL STATE NAME ALLOCATION ALLOCATION •ALABAMA 21,709,000 3,340,000 25,049,000 • ALASKA -11,466,000 1,764,000 • 13,230,000 • ARIZONA 24,295,000 3,738,000 28,033,000 ARKANSAS • 16,974,000 2,611,000 • 19,585,000 CALIFORNIA 103,355,000 - 15,901,000 119,256,000 COLORADO 21,763,000 3,348,000 25,111,000 CONNECTICUT • 18,974,000 2;919,000 ' 21,893,000 • • ' DELAWARE 11,902,000 1,831,000 13,733,000 • DISTRICT OF COLUMBIA 11,272,000 • 1,734,000 ' 13,006,000 FLORIDA •54,301,000 8,354,000 62,655,000 GEORGIA . . 32,568,000 '. 5,011,000 ' - . •37,579,000 HAWAII • 13,068,000 - 2,011,000 15,079,000 . IDAHO 13,325,000 2,050,000 • 15,375,000 ILLINOIS 43,338,000 6,667,000 50,005,000 • INDIANA 26,168,000 • 4,026,000- 30,194,000 IOWA 17,578,000 2,704,000 20,282,000 • KANSAS S . 16,989,000 2,614,000 19,603,000 r . KENTUCKY 20,660,000 3,178,000 23,838,000 LOUISIANA 21,699,000 3,338,000 25,037,000 • MAINE • 13,201,000 2,031,000 15,232,000 • MARYLAND 24,299,000 • 3,738,000 • 28,037,000 • MASSACHUSE.I IS . 26,884,000 •4,136,000 31,020,000 MICHIGAN 36,540,000 5,622,000 42,162,000 . MINNESOTA 23,131,000 . 3,559,000 26,690,000 MISSISSIPPI 17,405,000 . 2,678,000. 20,083,090 MISSOURI . . 24,871,000 • 3;826,000 28,697,000 MONTANA 12,17.4,000 1,873,000 14,047,000 NEBRASKA 14,359,000 2,209,000 16,568,000 . ' • NEVADA • 15,544,000 2,391,000 17,935,000 . . NEW HAMPSHIRE 13,149,000 2,023,000 154172,000 . NEW JERSEY ' 32,648,000 5,023,000 • 37,671,000 . NEW MEXICO 14,695,000 2,261,000 16,956,000 NEW YORK 60,816,000 - . 9,356,000 70,172,000 . NORTH•.CAROUNA •31,928;000 • 4,912,000 •• 36;840,000 • NORTH DAKOTA - '11,440,000 •• - . 1,760,000• 13,200,000 • • , OHIO • 40,194,000 6,184,000 46,378,000 • OKLAHOMA 19,063,000 • 2,933,000 21,996,000 . OREGON • 19,137,000 2,944,000 22,081,000 • PENNSYLVANIA 42,630,000 6,559,000 49,189,000 RHODE ISLAND 12,601,000 1,939,000 14,540,000 SOUTH CAROLINA20,698,000 3,184,000 23,882,000 • SOUTH DAKOTA ' 11,779,000 '1,812,000 13,591,000 TENNESSEE 25,203,000 3,877,000 29,080,000 TEXAS . 67,806,000 . 10,432,000 78,238,000 UTAH 15,924,000 2,450,000 18,374,000 VERMONT 11,394,000 1,753;000 , 13,147,000 VIRGINIA 29,192,000 4,491,000 33,683,000 . lik- • WASHINGTON • 25,928,000 3,989,000 29,917,000 WEST VIRGINIA 14,553,000 2,239,000 16,792,000 • • WISCONSIN • * 24,254,000 3,731,000 . 27,985,000 • WYOMING 11,079,000 1,705,000. 12,784,000 • • PUERTO RICO . 20,036,000 3,082,000 23,118,000 • • VIRGIN ISLANDS 3,540,000 . 545,000 4,085,000 AMERICAN SAMOA 3,403,000 523,000 3,926,000 . 5 . • • J 7777 I .3 ; . • • GUAM 3,663,000 563,000 4,226,000 NORTHERN MARIANA ISLANDS 3,435,000 528,000 3,963,000 TOTAL 1,300,000,000 200,000,000 . 1,500;000,000 • IV. Application Guidance Applications need to be prepared in accordance with the directions contained in Section V of this booklet. ODP now only accepts applications electronicaliY through h the Grants Ma nagerTaent System • (GMS).located on the OJP web site: Instructions regarding electronic.submissions'throe h • 9 GMS are provided on the OJP web site at: www.ojp.usdoj.gov/fundopps.htm Questions regarding the application process or programmatic questions involving application submission requirements, application content requirements and other administrative inquiries relating to the FY 2003 SHSGP 11 may be directed to the ODP Helpline at 1-800-368-6498. • V. ApplicationRequirements • • A. On-Line Application: The on-line alication must be completed ompleted and submitted by the.applicant using the OJP GMS system described above. This on-line application replaces the following previously required_paper forms: • Standard Form 424, Application.for Federal Assistance • Standard Form LLL, Disclosure of Lobb in .Activities' Y g • OJP Form 400013, Assurances . • • • OJP Form 4061/6,'Certifications • Equipment Coordination Certification • • Non-Supplanting Certification • These grants are offered by the U.S.'Departmentof Homeland Security, Office for Domestic Preparedness. The program title listed in the Catalog of Federal • Domestic Assistance (CFDA) is "Office for Domestic Preparedness Fiscal Year . 2003 State Homeland Security Grant Program." When referring to this title, please use the following CFDA.number:16.007. When completing the on-line application, applicants should identify their submissions as new, nonconstruction applications. These grants are offered by the U.S. De.artment of Homeland Security, Office for Domestic P - edness. r,:�,�� fie- p ��ib• " !` "�`'�-���eri•o e Geed � i 1 �.' '� r, a �� �ti � .:._..; �ro� rl •e ora • ��ni o .o i 1 • • • :'t ..- -tiT �;- ;:gtae Note: o expedite the application proces ..enlo'MAmN • ation rrprogramraafqd7M.70" S4rMr4rant. No wever, applicants MUST--provide budget detail worksheets with the Categorical Assistance Progress Report(CAPR) for the period endingJune 30, 2003. These reports are due by.July 30, 2003. Additional information on this requirement is provided in Appendix •_..�..� C. I f b-7 ee cl e ta;J�l v a ks :e e: are not provided with the CAP �. �� ��_ ,�:,�::., � -- N. R for the period e iijg ��;✓;�n.efti33ti;L,2t0:a3 fu`r c �i ay be withheld until the required information is su matted td and approved by ODP. Applicants will also be required to provide a final budget prior to closeout.of the grant. B. Freedom of Information Act (FOIA): ODP r.eco nizes that mucg hof the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activtties,•may be considered law enforcement sensitive or otherwise important to national security interests. This may include threat,'risk,.and needs assessment information, and discussions of demographics, transportation, public works, and industrial andublic health P - infrastructures. While this information is subject to requests made pursuant to the Freedom of Information Act, 5. U.S.C. §552 (F01A), ail determinations concerning the release of information of this nature are made on a case-by-case basis by the OJP FOIA Office, and may well likely fall within one or more of the available exemptions under the Act. • Applicants are also encouraged to consult their own state and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. At the same time, applicants should be aware that any y information created exclusively for the purpose of applying for and monitoring grants hereunder is the property of the U-.S. Government, and shall not otherwise be disclosed or released pursuant to state or local law or regulation. VI. Administrative Requirements A. • General Requirements 1. Single Point of Contact (SPDC) Review: Executive Order 12372 requires applicants from State and local units of government or other organizations providing services within a State to submit a copy of the application to the State SPOC, if one exists and if this program has been selected for review by the State. Applicants must contact their State SPDC to determine if the program has.been selected for State review. The date that the application was sent to the SPOC or the reason • such submission is not required should be provided. • B. Financial Requirements 7 • ' }I • • • 1. Nan-Supplanting Certification: This certification, which is a required component of the on-line a application, affirms that federal funds will be used funds; � to supplement existing s, and will not replace (supplant) funds that have been appropriated for the sameur ose. Potential • P P ntial supplanting will be addressed in the application review as well as in thereaward review,, postaward monitoring, and the audit. Applicants or grantees may be required to supply q documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 2. Match Requirement: None 3. Assurances: The on-line alication includes Includes a list of assurances that the applicant must comply with in order to receive Federal funds under this program. It is the responsibility of the recipient of the Federal fu nds-tofully understand and comply with these requirements. Failure to comply may funds, terminationp Y result in the withholding of of the award, or other sanctions. You will be agreeing you submit9 g to these assurances when your application on-line through GMS. 4. Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace g p e Requirement: This certification, which is a required component on-line onent of the P application, commits the applicant to compliance with the certification requirements q ents under 28 CFR part 69, New Restrictions on Lobbying, and 28 CFR part 67, Government-wide nt wide Debarment . • and Suspension (Nonprocurement) and Governmen - '. t wide Requirements for Drug- . ru - Free Workplace (Grants). The certification willg • be treated as a material representation of the fact upon which reliance will belaced P by the U.S. Department of Homeland Security in awarding grants. • 5. Suspension or Termination of Funding: The Officefor-Domestic for-Domestic Preparedness may suspend or terminate funding, in whole . or in part, or other measures may be imposed for any_of the following reasons: . _. • Failing to make satisfactoryro ress toward P g and the goals or objectives set forth in this application. • * Failing to follow grant agreement re uiremen q is or standard or special conditions. • • • Proposing or.implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • Failing to submit required reports. q • . Filing a false certification in this application or other report or document. • Before taking action, ODP will provide the grantee reasonable notice of . intent to impose measures and will make efforts to•resolve the problem . p I m informally. • • • • • • • • • • • • 9 , • • • . • • • VII. Reporting Requirements • The following reports are required of all programartici ants: • • . • P p • • Financial Status Reports (Standard Form 269A): Financial Status • • • Reports are due within 45 days of the end of each calendar quarter. A report must be submitted for every quarter the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs (see Appendix C). The OJP office of the Comptroller will provide a copy of this form in the initial award package. Future awards and fund drawdowns will be withheld if-these reportsare delinquent. The final financial report is due 120 days after the end date of the award period. • Categorical Assistance Progress Reports (OJP Form 4587/ • Categorical Assistance Progress Reports are due within 30 days after the end of the reporting periods;which are June 30 and December 31, for the . life of the award*(see Appendix C). The OJP Office of the Comptroller will provide a copy of this form in the initial award package. Future awards and fund drawdowns will be withheld if these reports are delinquent. The final programmatic progress report is due 120 days after the end date of the award period. • , . • Note:Applicants MUST provide budget detail worksheets ewith the Categorical Assistance Progress Report due after June 30, 2003. Additional information on this requirement is provided in Appendix C. Applicants will also be required to provide a final budget prior to closeout of the grant. • Financial and Compliance Audit Report: Recipients that expend P p $300,000 or more of Federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit • must be performed in accordance with the U.S. General AccountingOffice Government Auditing Standards and OMB Circular A-133. Audit reports are currently due to the Federal Audit Clearinghouse no later than 9 months after •the end of the recipient's fiscal year. In addition, the Secretary of Homeland Security and.the Comptroller General of the.United States shall have access • to any books, documents, and records of recipients of FY 2003 SDPP assistance for audit and examination purposes, provided that, in the opinion • of the Secretary of Homeland Security or the Comptroller General, these documents-are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, • • books, papers, or documents related to the grant. • Appendix A Site Eligibility for Critical Infrastructure Protection Funding aA • • • Site Eligibility for Critical Infrastructure Protection Funding , . As part of the FY 2003 SHSGP II, funding is beingprovided to payfor costs associated • crated with increased security measures at critical infrastructure sites duringthe period of . hostilities with Iraq (March 17, 2003 -April 16, 2003) and future periods of heightened threat. States and local governments should generally consider critical infrastructure to include any system or asset that if attacked would result in catastrophic loss of life.and/or catastrophic economic loss. In addition, protection for the following specific types of • facilities should also be considered: • • Public water systems serving large population centers . • Primary datastorage and rocessin facilities, stock exp~ • p 9majorexchanges.and major • banking centers • • Chemical facilities located in close proximity largepopulation to o ulation centers Major power generation facilities that exceed 2000MW and if successfully attacked would disrupt the regional electric grid • Hydroelectric facilities and dams that produce power in excess of 2000MW or• could result in catastrophic loss of life if breached • . • Nuclear Power plants • Electric substations 500KV or larger, and substations 345KV or larger that • g are part of a critical system supporting populations in excess of one millioneo le p p • Rail and highway bridges over major waterways that, if destroyed, would cause catastrophic economic loss • Major highway tunnels under waterways that if attacked•would cause catastrophic P loss of life or catastrophic economic impact • • Major natural gas transmissioni elines in excess of 3000 p p bcf throughput • Natural Gas and liquid.Natural Gas Storage (LNG) facilities • Major petroleum handling facilities such as pipelines, p orfs, refineries and terminals • • Major mass transit subway systems and the supporting ventilation systems • . • • A-1 Appendix B Allowable Equipment, Exercise, Training. g and• Planning/ Administrative Costs , • • • • • • • . .. • . • . Allowable .Equipment, �' ' . •Exercise, Training andPlanning/ Administrative.Costs . . • . . I. Allowable E•ui•ment Costs Funds from the Firs •t Responder-Preparedness Allocation may be used by the states to capabilities inan the areas of law •enforcement emergency management, the fire service,. � emergency medical services, ce, hazardous materials, public works governmental administrative, public safetyc , public health,- thestate and local communications, healthcare andpublic hea levels of government in accordance Ith at in their state's homeland � with-the goals and objectives identified security strategy. •In addition,.states and localities .equipment allocations to purchase equipmentlocalitjes may use their - � designed to protect critical . terrorist attacks and for • equipment infrastructure from Preparedness to �prevent terrorist incidents. Funds may also be used for sustainmentFirst Responder • would be used in of first responder equipment a jurisdiction's response to a terrorist that repairand replacement threat or event. This would include P parts,equipment warranties and maintenance purchased under anyODP contracts for equipment state equipment grant. • • p Authorized equipment purchases s may be made in the following gores.cate : • 1. Personal Protective Equipment (PPE) 2. Explosive Device Mitigation 3. 9 and Remediation Equipment - . • CBRNE Search & Rescue Equipment 4. infero e q prnent p rable Communications Equipment � • Equipment• 5. Detection E � � . 6. Decontamination Equipment _ 7. Physical Security Enhancementi Equipment 8. Terrorism Incident Prevention Equi 9. CBRNE L � pment ogis.tical Support Equipment Response 10. CBRNE Incident .11. Vehicles Medical Supplies and Limited Types of Pharmaceuticals ' 12. CBRNE Reference Materials 1. Personal Protective Equipment • haza - Equipment worn toprotect the individual hazardous materials and contamination. � individual from ion. Levels of protection varyand are ' categories based on the degree of protection - divided into three • intendedg afforded. The followingconstitutes for use in a chemical/biological equipment' - g threat environment: Level A. Fully encapsulated, liquid and vapor protective ensemble • highest level of skin�, res irato selected when the P respiratory and eye protection is required. The fol Level A equipment for consideration: lowing constitutes • Fully Encapsulated Liquid q and Vapor Protection Ensemble, reusable (tested and certified against or disposable CB threats) a ) . Fully Encapsulated Training Suits . . • 11_1 • • .fi Il • • • • Closed-Circuit Rebreather (minimum 2-hour isupply, preferred), or open-circuit Self- .Contained Breathing Apparatus (SCBA) or, when a ro riate i or. ' • pp p , Air Line System with 15=minute minimum escape SCBA • Spare Cylinders/Bottles for rebreathers or SCBA and service/repair kits • Chemical Resistant Gloves, including thermal, as appropriate and toto hazardsupplement funding provided through the FY 2003 State Homeland ' Security Grant Program for first responder.preparedness. Personal Cooling System; Vest or Full Suit with support equipment pp q pment needed for maintaining body core temperature within acceptable limits Hardhat/helmet •• Chemical/Biological Protective Undergarment • Inner Gloves • Approved Chemical Resistant Tape C • h.emacal.Resistant:.Boots., Steel or Fiberglass Toe and.Shank • • Chemical Resistant Outer Booties Level B. Liquid splash resistant ensemble used with highest level of respiratory protection. The following constitute Level B equipment and should be considered foruse: Liquid Splash Resistant Chemical Clothing, _ encapsulated or non encapsulated • Liquid Splash Resistant Hood Closed-Circuit Rebreather. minimum 2-hour hour supply,preferred),open-circuit SCBA or when appropriate, Air-Line System with 15-minute minimum escape SCBA • Spare Cylinders/Bottles for rebreathers or SCBA and service/repairkits k2ts • Chemical Resistant Gloves, including thermal, as appropriate to • hazard • -Personal Cooling System; Vest or Full Suit with support equipment pp q pment needed for maintaining body core temperature within acceptable limits • • Hardhat/helmet • arme Chemical/Biological Protective Under nt Inner Gloves . 9 • ' . • Approved Chernical,Resistant Tae' • • p • Chemical Resistant Boots, Steel or Fiberglass Toe and Shank • Chemical Resistant Outer Booties Level C. Liquid.splash resistant ensemble, with same level of skinprotection protecfi�on of Level B, used when the concentration(s) and type(s) of airborne substances(s) are known and the criteria for using •air-purifying respirators are met. The followingconstitute const�fiufie Level C equipment and should be considered for use: • • • Liquid Chemical Splash Resistant Clothing or non- er (permeablep rneable) • Liquid Chemical Splash Resistant Hood (permeable or non-permeable) p eable) • Tight-fitting, Full Facepiece, Negative Pressure Air Purifying with g Respirator with the appropriate cartridge(s) or canister(s) and P100 filter(s) forrotection against. p 9c industrial chemicals, particulates, and military specific agents. • Tight-fitting,Full Facepiece, Powered Air Purifying Respirator(PAPR)with chemic ally resistant hood with appropriate cartridge(s) or canister s and high-efficiency( ) gh-efficiency filters) T i • F f1 • • • • for protection against toxic industrial chemicalsarticulates and military, military specific agents. • • Equipment or system batteries will include those that are rechargeable (e.g.g NiCad) or non-rechargeable with extended shelf life (e.g. Lithium) . • Chemical Resistant Gloves, including therma.l,'as appropriate to hazard • Personal Cooling System; Vest or Full Suit with support equipment • Hardhat • • Inner Chemical/Biological Resistant Garment . Inner Gloves • Chemical Resistant Tape • Chemical Resistant Boots, Steel or Fiberglass Toe and Shank • Chemical Resistant Outer Booties . • . Level D.Selected when no respiratory protection and minimal skin protection is required, and the atmosphere contains no known hazard and work functionsp reclude splashes,P immersion, or the potential for unexpected inhalation of, or contact with, hazardous levels of any chemicals. • • • Escape mask for self-rescue • . Note: During CBRNE response operations, the incident commander determines the appropriate level of personal protective .a..equi mentAs .guide, Levels.A, B, and g C are• applicable for chemical/ biological/ radiological.contaminated environments. Personnel • • entering protective postures must undergo medical monitoring prior to and after entry. . , g All SCBAs should meet standards established. by the National Institute for Occupational Safety and Health (NIOSH) for occupational use by .emergency Y responders when exposed to Chemical,..Biological, Radiological and Nuclear CBRN agents in accordance with Special Tests under NIOSH 42 CFR procedure 84.63(c), P, number RCT-CBRN-STP-0002, dated December 14, 2001. ODP anticipates making g compliance with NIOSH SCBA CBRN certification a mandatory requirement for all SCBAs purchased under the FY 2004 State Homeland Security Grant Program. Grant recipients should purchase: protective ensembles for chemica 1) 1 and biological terrorism incidents that are certified as compliant with Class Class 2, or Class requirements of National Fire Protection Association (NEPA) 1994, Protective Ensembles for ChemicallBiological Terrorism Incidents; 2) protective ensembles for hazardous materials emergencies that are certified as compliant with NFPA 1991, Standard on Vapor Protective Ensembles for Hazardous Materials Emergencies, including the chemical and biological terrorism protection;3)protective ensembles for search and rescue orsearch and recovery operations where there is no exposure to chemical or 'biological warfare or terrorism agents and where exposure to flame and heat is unlikely or nonexistent that are certified as compliant with NFPA 1951, Standard on Protective Ensemble for USAR Operations; and, 4) protective clothing from blood and body fluid pathogens for persons providing treatment to victims after decontamination that are certified as compliant with • • NFPA 1999, Standard on ProtectiveforEmer enc Medica ' Clothing Emergency IOperat�ons. For more information regarding these standards, please refer to the following web sites: The•National Fire Protection Association - http://www.nfpa.org National Institute for Occupational Safety and Health -http:/iv wv.cdc.gov/niosh 2.Explosive Device Mitigation and Remediation - Equipment providinforthemiti•.ation • and remediation of explosive devices in a CBRNE environment:• Bomb Search Protective Ensemble for Chemical/Biological Response g P • Chemical/Biological Undergarment for Bomb Search Protective Ensemble _ • Cooling Garments to manage heat stress S . • Ballistic Threat Body Armor (not for riot suppression) • Ballistic Threat Helmet (not for riot suppression) •• Blast and Ballistic.Threat Eye Protection (not for riot suppression) • Blast and.overpressure Threat Ear Protection (not for riot suppression) • Fire Resistant Gloves Dearmer/Disrupter • • Real Time X-Ray Unit; Portable X-Ray Unit • • CBRNE Compatible Total Containment Vessel (TCV) • CBRNE Upgrades for Existing TCV • Robot; Robot Upgrades. S • Fiber Optic Kit (inspection or viewing) • Tents, standard or air inflatable for chem/bio protection •• . • Inspection mirrors • ion Track Explosive Detector S . • • • 3.CBRNE Search and Rescue Equipment-• Equipment providing a technical search and • rescue capability for a CBRNE environment: • S • Hydraulic tools; hydraulic power unit • • Listening devices; hearing protection • •• ' Search cameras'( including thermal and infrared imaging) • g • Breaking devices,(including spreaders, saws and hammers) • Lifting'devices (including air bag systems, hydraulic rams 'acks ropes and block and • tackle) • Blocking and bracing materials . • Evacuation chairs (for evacuation of disabled personnel) • Ventilation fans • 4. interoperable Communications Equipment - Equipment and systems providing connectivity and electrical interoperability between local and interagency organizations to coordinate CBRNE response operations: • Land Mobile, Two-Way.In-Suit Communications hands-free, (secure, fully duplex, optional), including air-to-ground capability(as required) • Antenna systems • Personnel Alert Safety System (PASS) - (location and physiological monitoring } ••• • • systems optional) • Personnel AccountabilityS y ms . ste • Individual/portable radios, software radios, portable repeaters, radio interconnect systems, satellite phones, batteries, chargers and • • • e Computer g battery conditioning systems ' systems designated for usein an systems dcommunicationesystem to assist with detection efforts (must be linked with integrated software packages designed specifically for chemical and/or biological agent detection and communication purposes) _ Portable Meteorological Stationmonitors ( temperature; winds speed, wind ' and barometric pressure at a minimum) p direction • Computer aided dispatch Co system • y Commercially available crisis management software • Mobile Display Terminals'. • Note: In an effort to.improve p ove public safety interoperability; all new or.Urad radio u� meat shouldP� ed radisystems and new radio e q P be compatible with a suite of standards c ANSI/TIAIEIA-102 Phase I(Project 25 . These ailed) standards have been developed to al backward compatibility with existing - P low for . digital. and analog systems androvide • interoperability in future systems. The FCC � for • .has chosen the Project 25 suite of standards for voice and - low .moderate speed data interoperabilityin the nationwide 700M�-lZfrequer�c band and new Y the Integrated Wireless 1Vetwork of the U.S• Justice and TreasuryDe (1WN) partments has chosen the Project 25 suite.of new radio equipment. In standards for their P an effort to• realize improved interoperability,r all radios purchased under this grant should be APCO 25 compliant. 5. Detection Equipment - Equipment to sample, detect, identify, quantify, and monitor chemical, biological, radiological/nuclear for for 9 gical/nuclear and explosive agents throughout ' or at specific points: • 9 ut designated areas Chemical • M-8 Detection Paper for p chemical agent identification • M-9 Detection Paper(roll) for chemical agent g nt (military grade) detection • • M-256 Detection Kit for Chemical Agent �grade--blister: CX/HD/L; blood• . AC/CK; and nerve: GB/VX detection ' • M-256 Training Kit • M-18 Series Chemical Agent Defector Kit f or surface/vapor chemical agent anal. sis • • Hazard Categorizing (HAZCAT) Kits y • Photo-ionization Detector (PID) • Flame Ionization Detector(FID) • Surface Acoustic Wave Detector • . Gas Chromatograph/Mass Spectromete ••r p r (GC/MS) • Ion Mobility Spectrometry • Stand-Off Chemical Detector • • M-272 Chemical Agent Water Test Kit • Colormetric Tube/Chip Kits specific for TICs ICs and CBRNE applications B-5 • • • • • Multi-gas Meter with minimum of 02 and LEL • Leak Detectors (soap solution, ammonium hydroxide, etc) • pH Paper/pH Meter • Waste Water Classifier Kit • Oxidizing Paper • Protective cases for sensitive detection e ui ment storage q . p rage & transport • • • • • • • • • • • • • • • R_5 • • • • • • Biological Point Detection Systems/Kits (Immunoassay or other technology) • Radiological/Nuclear • Radiation detection equipment(electronic or othertechnology that detects al ha beta • gamma, and high intensity h gamma) p ' • Personal Dosimeter • Scintillation Fluid (radiological) r - p e packaged • Radiation monitors Explosive • Canines (initial acquisition, initial operational capability P Y onl y) 6. Decontamination Equipment - Equipment and mate material. r used .to clean, remediate, remove or mitigate chemical and biological contamination: Chemical . • Decontamination system for individual and mass application with environmental . controls, water heating system, showers, lighting, and transportation p anon • Decon Litters/roller systems • Extraction Litters, rollable •• Runoff Containment Bladder(s), decontamination humps, �s) shower waste collection with • intrinsically-safe evacuation hoses connectors, scrub brushes, nozzles • Spill Containment Devices • ,• Overpak Drums • Non-Transparent Cadaver Bags (CDC standard) • Hand Carts • Waste water classification kits/strips . P Biological • • ' NEPA (High Efficiency Particulate Air) Vacuum for dry decontamination • 7. Physical Security Enhancement Equipment • E ui Equipment to enhance the physical security of critical infrastructure. . Surveillance, Warning, Access/Intrusion Control Ground . • Motion Detector Systems: Acoustic;.infrared; Seismic; Magnetometers g ometers R 4 1 . i • • • Barriers: Fences; Jersey Walls • Impact Resistant Doors and Gates S S • Portal Systems; locking devices for access control • • Alarm Systems • Video Assessment/Cameras: Standard Low Light, g IR, Automated Detection Personnel Identification: Visual; Electronic; Acoustic; Laser; Scanners; • Cyphers/Codes S • X-Ray Units • Magnetometers . • Vehicle Identification: Visual; Electronic;Acoustic; Laser; Radar Waterfront . . • Radar Systems • Video.Assessment Systern./Carneras: Standard, Low Light, IR, Automated Detection • Diver/Swimmer Detection Systems; Sonar S • Impact Resistant Doors and Gates • • Portal Systems • Hull Scanning Equipment • Plus all those for Ground • • Sensors -- Agent/Explosives Detection • Chemical:Active/Passive; Mobile/Fixed; Handheld S S • Biological: Active/Passive; Mobile/Fixed; F-andtield • Radiological S . • Nuclear - S • GroundMlall Penetrating Radar Inspection/Dete.ction Systems • Vehicle & Cargc Inspection•System.--.Gamma-ray S • Mobile Search & Inspection System --X-ray • Non-Invasive Radiological/Chem/Bio/Explosives System—Pulsed Neutron Activation .Explosion Protection • Blast/Shock/Impact Resistant Systems • • Protective Clothing . • Column and Surface Wraps; Breakage/Shatter Resistant Glass; Window Wraps Robotic Disarm/Disablep • Systems 8. Terrorism Incident Prevention Equipment (Terrorism EarlyWarning, Prevention, 9, and Deterrence Equipment and Technologies) - State and local ublic safetyagencies p 9 will increasingly rely on the integration of emerging technologies and equipment to improve • jurisdictional ' ' ' p capabilities to deter and prevent terrorist incidents. This includes, but is not limited to, equipment and associated components that enhance a jurisdiction's abilityto T 7 • • • • • • disseminate advanced warning information to' revent terrorist's ' • P a terrorist incident or disrupt a ability to carry out the event, including information sharia g, threat recognition, and public/private sector collaboration. • Data collection/iriformationatherin g g software Data synthesis software • Geographic Information System information technology and software • Law enforcement surveillance equipment • 9. CBRNE Logistical Support Equip ment - Lo istica p g I support gear used to store and transport the equipment to the CBRNE-incident site and handle it ' once onsite. This category also includes small support equipment including intrinsically-safe (non-sparking) hand tools required to support a variety of tasks-:and to maintain equipment _ as well as e purchased under the grant general support.equipment intended to support the CBRNE incident res . . posse. • Equipment trailers • Weather-tight containers for equipment storage g • Software for equipment tracking and inventory • Handheld computers for Emergency Response applications • • • Small Hand tools • Binoculars, head lamps, range finders and 9 spotting scopes (not for weapons use) • Small Generators to operate light sets, water pumps for decontamination sets • tight sets for nighttime operations/securit Y • Electrical Current detectors Equipment harnesses, belts, arrd vests • Isolation containers.for suspected chemical/biological samples mples • Bull horns • • Water pumps for decontamination systems - • Bar code scanner/reader for equipment inventorycontrol • Badgingsystem - . i n equipment and supplies • ascade system•fof refilling SCBA oxygen bottles. • • SCBA fit test equipment and software to conduct flow testing • • Testing Equipment for fully encapsulateSsuits • Cooling/HeatingNenti(ation Fans (personnel and decontamination anon tent use) . • HAZMAT Gear Bag/Box • 10. CBRNE Incident Response Vehicles -• This • category includes special-purpose • vehicles for the transport of CBRNE response equipment and Ppersonnel to the incident site, Licensing and registration fees are the responsibility of the jurisdiction and are not allowable under this grant.• in addition, general purpose vehicless uad cars,, executive transportation, etc.), fire apparatus, and tactical/armored assault vehicles are not allowable. Allowable vehicles include: • Mobile command post vehicles • Hazardous materials (HazMat) response vehicles • Bomb response vehicles • Prime movers for equipment trailers B-8 • • 2-wheel personal transport vehicles for transporting full suited bomb technicians, Level NB suited technicians to the Hot Zone • Multi-wheeled all terrain vehicles fortrans ortin p g personnel nel and equipment to and from the Hot Zone • 11. Medical Supplies and Pharmaceuticals - Medical supplies and pharmaceuticals required for response to a CBRNE incident. Grantees are responsiblei after shelf-lifep for replenishing items expiration date(s). • Medical Supplies • Automatic Biphasic External Defibrillators and carry bags • Equipment and supplies for establishing and maintainingpatient a p nt airway at the advanced life support level(to include OP and NG airways; ET tubes,styletes, blades, • tY and handles; portable suction devices and catheters; and.stethoscopes for monitoring breath sounds) p • Blood Pressure Cuffs • • IV Administration Sets (Macro and Micro Yand Pressure Infusing Infusing Bags . • IV Catheters (14, 16, 18, 20, and 22 gauge) • IV Catheters (Butterfly 22, 24 and 26 gauge) • Manual Biphasic Defibrillators (defibrillator, acemaker 12 lead)) and.carry bags • Eye Lernse for Lavage or Continuous Medication • Morgan Eye Shields • Nasogastric Tubes • • Oxygen administration equipment and supplies(including bag valve masks;rebreather and non-rebreather masks, and nasal cannulas; oxygen cylinders, regulators,y tubing, and manifold distribution systems;and pulse oximetry,Ca no ra h &CO2rY P g p y detection devices) • Portable Ventilator • Pulmonary Fit Tester ' • • Syringes (3cc and 10cc) • 26 ga %2" needles (for syringes) • 21 ga. 1 %2." needles (for syrines) • Triage Tags and Tarps • Sterile and Non-Sterile dressings, all forms and sizes • •• Gauze, all sizes • Pharmaceuticals • 2Pam Chloride • Adenosine • Albuterol Sulfate .083% • .Albuterol MDI • Atropine,0.1 & 0.4 mg/ml • Atropine Auto Injectors . • Benadryl • . CANA Auto Injectors • • B-9 r 1 + • • • • Calcium Chloride • Calcium Gluconate 10% • • Ciprofloxin PO • Cyanide kits • Dextrose • • Dopamine • • Doxycycline PO •• • • Epinephrine • • • Glucagon • • Lasix • Lidocaine ' • Loperamide • Magnesium Sulfate • Methylprednisolone • • Narcan • Nubain • Nitroglycerin • Normal Saline (500 and 1000 ml bags) • Potassium Iodide • Silver Sulfadiazine • Sodium Bicarbonate • Sterile Water • Tetracaine ' • • Thiamine . • Valium • 12. CBRNE Reference Materials- Reference ' materials designed to assist emergency first • responders in preparing for and respondingto a CBRNE limited to the incident. This includes but is not following: • NFPA Guide.to hazardous materials - • • NIOSH Hazardous Materials Pocket Guide • North American Emergency Response Guide • • Jane's Chem-Bio Handbook First Responder Job Aids 11. Allowable Exercise Costs J • Funds from the First Responder Preparedness Allocation may be used to plan for, desi n develop, conduct and evaluate exercises that train emergencyg ' responders.and assess the readiness of jurisdictions to prevent and respond to a terrorist threat and P rrorist attack. Exercises must be performance-based, in accordance with ODP's Homeland Security Exercise • and Evaluation Program (HSEEP) manuals. These manuals will provide explicit on the design, conduct and evaluation ofp direction terrorism exercises. Exercises conducted with ODP support (grant funds or direct support)pp ) must be managed and executed in accordance with the HSEEP. R_in . Allowable exercise-related costs include: 1. Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related tolannin p g, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercisep lan development. R_1 1 4 ` r v . a • • 1 • 2. Full or Part,Tirne Staff or Contractors/Consultants - Full or part-time staff maybe hired to support exercise-related activities. activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or units ( ) of local government and have the approval of the state or the awarding agency, whichever is applicable..Y pp icable.. The services of contractors/consultants may also be procured bythe state in the design,es�gn, development, conduct and evaluation of CBRNE exercises. Theapplicant's olic formal written procurement . policy or the Federal Acquisition Regulations (FAR) must be. followed. • . 3. Overtime - Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours). Further, overtime payments are allowed onlyto the extent theservices payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable.pp le. !n no case �' s dual compensation-allowable...That is,.an employee. of:a unit ofgovernment m' compensation from their' ' - 9 . . ay not receive: . P unit or agency of government AND from.an award for a sil period Of time (e.g.,. 1:00 pm to 5:00 rn eventhdugh � ng p ), such work may benefit both . activities. Fringe benefits on overtime hours are limited to FIC A, Workman's Compensation and Unemployment Compensation. 4.Travel - Travel costs (i.e., airfare, mileage, . g , per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business n ss related to the planning and conduct of the exerciseproject(s). These i costs must be in accordance with either the federal or an organizationally-a roved travel policy. p y. • 5. Supplies - Supplies are items that are expended p nded or consumed during the course of the planning and conduct of the exercise projs (e.g., copying project(s) PY g paper, gloves, tape, and non- sterile masks). . 6. Implementation of the HSEEP - Cos ts.related to setting up and.maintaining a system • to track the completion and submission of AARs and the implementation of corrective actions from.eXercises,-which mayinclude costs associatedwith.i i meeting with.local . . jurisdictions to define procedures. (Note:•ODP is developing ng a national information system for the scheduling of exercises and the trackingof AA R/CAPs to reduce the burden on the states and to facilitate national assessments of preparedness.) 7. Other Items -These costs include the rental of space/locations for exerciselannin and conduct, exercise signs, badges, p� g etc. • III. Allowable Training Costs Funds from the First Responder Preparedness Allocation P may be used to enhance the capabilities of state and local first responders through the development oprnent of a state homeland security training program. Allowable trainin -related costs include:nclude. 1) establishment of CBRNE training capacities within existing training academies, universities or juni or colleges;2) overtime costs associated with attendance at ODP sponsored • CBRNE training courses. B-11 • • • • • The target audience for traininsupported t hrough the FY 2003 SHSGPIlmustbeemergency responders, emergency managersand public/elected officials within the following ' disciplines:firefighters, law enforcement emergency management, emergency medical services, .' hazardous materials, public works, public health, health care, public ' . safety communications, governmental administrative and private security guards. Grantees using these funds to develop their own courses should address the critical trainingareas ' State's � and gaps identified in the Homeland Security Strategy and must adhere to the ODP Emergency Responder Guidelines . These guidelines may:ll .. be f o u n_d . a t .: htt p www.of.p.usdo�,gov/odp/whatsnew/whats new.htm To facilitate the development of trainingconsistent st nt with the ODP Emergency Responder Guidelines, states are encouraged to adopt the. following g current ODP awareness and performance level courses: • Emergency Response to Terrorism: Basic Concepts • Emergencyp Response to Terrorism: Basic Concepts (Train the Trainer). Emergency-Response to Terrorism: Basic Concepts (Self-Study) • Managing Civil Actions in Threat Incidents Basic Course (Train the Trainer) Terrorism Awareness for Emergency Responders (Internet) • Emergency Medical Services (EMS): Basic Concepts for WMD Incidents p ncidents (Internet) • Public Works: Basic Concepts for WMD Incidents (Internet) • Law Enforcement Response to Weapons of Mass Destruction-A wareness • Law Enforcement Response to Weapons of Mass Destruction-Awareness (Train the Trainer) • Campus Law-Enforcement Awareness e s Training on-WMD Terrorism • Incident Response to Terrorist Bombings-Awareness • • WMD Radiological/Nuc]ear Awareness • WMD Radiological/Nuclear Awareness.(Train the Trainer). • WMD Crime Scene Management for Emergency Responders 9 Y • Emergency Response to Terrorism: Operations Course the (Train Trainer) • For a detailed description of each of these courses please refer to the ODP WMD Training Course Catalogue located at: 1 http://w,�vw.o'1p.usdo'. ov/od / q p IV. Allowable Planning'/Administrative Costs ' Funds from the First Responder Preparedness Allocation may be used to pay for activities associated with the completion of the FY 200.3 assessment and strategy update process, as • well as for those costs associated with the implementation of the overall state homeland security strategy, including: 1) conducting trainingsessions to ensure completion accurate completion of the needs assessment;2) updating and refiningstatewide homeland ' security strategic plans; 3) hiring of full or part-time staff or contractors/consultants to assist withcollection the collection of the needs assessment data and updating of the state strategic plan; 4) travel expenses; 5)meet'ng-related expenses; 6) implementing and managing programs for equipment acquisition, training and exercises; 7) conductinglocal or regional strategy ' meetings; • • 9 implementation 8) hiring-of full or part-time staff or contractors/ consultants to assist ssist with the r t 1 4.11.11111111111.1111.61r implementation and administration of the state homelandsecurity security strategic plan; and,9) the acquisition of authorized office equipment. Authorized officeequipment (Note: includes • personal computers, laptop computers, printers, LCDro'ectors and other equipment� or software which may be required to support implementation of the state P strategy. For a complete list of allowable meeting-related expenses, lease review the OJP J P Office of the Comptroller (00) Financial Guide at: .http://w�vw.oj .usdo' ov/FinGuide. p � g ) In order for ODP to effectively coordinate homeland securityprograms e Administrative P g with each state,it is imperative rative that the State Administrative Agency (SAA) in each state be.sufficientf ystaffed to administer the full range of support programs offered byODP and other . When federal agencies. identifying administrative and planning needs,_ eachrantee should g assess current staffing levels and determine whether a portion of the FY 2003 SHSGP II.funds should be used .to enhance administrative capabilities within the SAA. • • B-13 • , H Appendix C Grant Reporting Requirements • • i 4 t • . t • • • • . . - . . Grant Re • porting Requirements . . . . . . . . . , . . . . . , . . . I. Financial Status Reports SF269A A. Reporting Time Line - Financial Status Reports are due within 45days,after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs (see below). • - 19-;,-,4„...„,,t,„.„,• ti` ,i ..”,.. ,.,, y�` .}.c):: ....,�.. ` .- --,,4, .,-'r r`• •,.. —• ,er • i-,..,4,—....-•.. ter, r:-' `,.; - •--`,..1.• •r•, -:;t• •-�.�' �n„+,,ti`•-t:{:, _r.?• :Ca:+..•-•:R' ,.lJ'- <:�.,`.t. •��at• .�.:`�.. + ,41.4..-...-3,-,_,,,,•-•.:1;-->c,,,.,4 :.�'�..` t' ♦ .,, '��s;' -..�.�. �•tY:i;`:: yi"�;' r� pit f 'i 'YG%4.a s:....±,,, ,,, ti , •'_,,,t:-. ,. ,.`-; yeq di�.. t fr• S yZv< .,,, .iH.' i't:•�.a.i �•'�1" •. i+3; •`., �:y'�c.l,;�"'`�•[', r.i` z}.; ^may =�2•......-"d r pyx;ai,';:yo,• q..u-t:1C ♦__il:.•�-,.`�:T,��� r1n. `�'1��•� `"'�'' ��"•,�,'-� 's.. 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J,,,�: :�, . p.o 1,,�,� :- P k�.� p� r.- .a.:Res�p o i x•�N. �Rep•o:i Re ., ;: 7i-ai�+'•i',,L ?,?�'-7.:,,w <.`"•'-.f:-'3-:.`�17- `Y'•"�^ Y 4t.---i!�`'':x+-'L7?-r-ir';`''''r rte• -':,.. gr-,„+•.''-I-'.-,'.10-'''.4',,*'; .5'233:.x '{a -;j'+H it•R,? ;f:-,...q&-. e�yw.-,.''''''el '_E.�.`•,- 7'i _ X '7;;s4.'-Zi,.... 6t. • .i.-••yry♦, :a P.e-r,t:o�d:�r :Dup B,y :- Per•i.odes :•,,,-P....,uefB,fy Pernod ! -D.ue�B5' r Perio.att. ,D`u: .ri,f 34 7 1t`+:3v, i-.7 .-=.&,� di tir•.i_•p.?Ata•--.4. .---.-v ,``- lV,�kx'.1,,.T .� ::, �. •t;C �'--0-rt�r•s .,• `K.'-�4--,.. • 4ea . r. �iy" Y�,.. y-;,, Je 1r.r y ,r •,,,,,,..- =r.r'►,, '�"c ,,,,, �� ').5,-. . ...�'fi._ ;., <,r .7'_., Gts i .!• .u. w.- • •+ . . aT�3i.••;:i:,,,,:l.,;,-,..,,,1•1 :': y7v:; •as„t'-Lir.* ,74,•:=4.f ? �+ " r-i 5 -r'4 �, ''}}�'r..,: k *�A'1•�. -. .i' e r •ti•y�'�•+►RA �'e. i 1.,,•!.,..,: ',.',!t<r>S.`. �•►�?•�.[Ray i .y_,�..i..♦ i» 'r,�,• ».. 4.:."-J. •`'t+ �1 �+�`a •: ru :.^n+`7R:"1�vfl. +r""'+ ......t4'--- ...� f'�. _'r �tL-J�n.�.aa::j•. First 111 - 5/15 •- •- • .•. . • • •Quarter 3/31 . •• ' •• - -• • • • Second .• 4/1 - 8/14 • . Quarter• 6/30 • •. . . • • Third . ' 711 - 11114 - Quarter • 9/30 . • - - • • • Fourth . . • 1011 - 2/14 Quarter • . • • 12/31 • II. Cate• orical•Assistance Pro• ress Resorts OJP Form 4587 1 • . A.Reporting Time Line- Categ.orical•Assistance Progress Reports are due within 30days • after the end of the reporting periods, which are June and-December 31, for the life of the . • award. • - •;� T•,.5,;,.-. ..i....,:.-.. (y'u•,�,^�•�.•. k-4. t:.» .t.. .-1 ► .s` * ;'-•,,N,-, ,t,��.y`ix ,,'r . >' ►Q'i •.�� ♦ ..w `�C:t.rv.� '+'.' ♦ J♦ r-....4,k:':,�A�' '+i��` '• •w.� ~ �* ".�:tjir . t� •4» ttl,,V=.,.. F's., (,t ' ,•.,,}t.t ti, ,' Y. -:r• *: . %m�•,��v' ���;1 � M'�-1tt,i�Cy� � .•�}'"'r" �,�L• W.111:vi,,,At ,�'f5 antis�.' . ,t ) t `Tt�l. ,y L�sC:.:,``�s t It"�. '�rr � , ',-f tet & .w.-;:,. ••o rtt ,e p O Ca .;�r� t y!` Re p o a N y-: •tzar �w,•;._R e:p•o rt:13,e. 1.o•ci•_ _• ,i,--• , _•Re' ori'::: i-'�iY•kDu • . T! rw• !'ter' ,�,. � .• r w•',FA'-:f'•'i''w •fix.,. �' l k-, . 4 .�r'C 4:.ri• ,I.,,, t. 417- ..' t' . �,,, �C�t`' ,,,.?.,..„..., `,, . ���1 '•�{',,•,,A, 4 ,, x2^K..s.',...4,-*,..)...,,$,�7 i , . �Q'•: � `� e`,B`'. �•_ :.��-.�Nr :. 1.•�• �'.,-, C.':.w.'fl•� �,•a',; ,r•• J•�'D 4!`Y�'•+.•tr�`, First • Quarter 1/1 - 6/30 • 7/31 - • Second - • Quarter ' Third Quarter 711 - 12/31 • 1/31 • Fourth • • Quarter 1' i t 1 ) I • I , I 1 1 • B. Budget Detail Worksheets - Grantees MUST provide detailed budget information for ALL costs funded through the Fiscal Year 2003 SHSGP II. This information MUST be provided as an attachment to the Categorical Assistance Progress P ress Re ort for the 1 . reporting period ending June 30, 2003. Sample Budget Detail Worksheets detailing the • information that MUST be furbished for each allocation areP rovided below: Sample Critical Infrastructure Protection Budget Detail Worksheet for Direct erect Purchases • rtizetwww.),mwergm--op.aii.7.-;�:�•-�'��'.:�-,�•''"K'�?-i•<;�''�•3�•;i-•,"�;e�z'ti-:a'i�'.'�'•'.'`...;ys...,.:.;;���-'�t'�'i':t� 1',.:r.;`w�;.. ter,,:. Y.� �,M � _x .,,'7�t��-;?6;r� <, �=e�?��. 1.�s+�;Liif . >r��,S.fi•:1+. "+a•iL.iY`w:iaf_�v._:,71't�.�-tea �1. .4��.�r�:if�".' fig., ''u+�`�'''„�k! s+3�'rs;.,,., �:,...Is:.�:.`'•i�.ai„�i�',_`�''i�,>:t'+-•'' :. .r.,o. � a- �r•_�•t: ti�►'�{+'.c'�'�,��3:,-� �- .S"�4a4`� �. '.a•�ry, ti. w•��, s �,*,��a'x=� �,�'•�i5'�'ts- � '�,.� :�..,.ti4�`.'�a+-,}y�'a:�.y� ''.�'t�.,r�2..g�v.----A4,,,,,,,,, ���.4'S^"!i� ��.I.f jil''.,�• �I+, •c��•`l..t.>�^.- ..► sr�i. t�wtd.•K'•�j v ��.�.�`:••5,,� '+2?i+, •+iy�zsY•. �� r- , ,,,..4..; -. - '! t 1.g i. .e,,,s I te4�{J;.,•Cey-`�54•=;y,Cf' �r> �._ ?•.'11.-t�jb•st•��Gate. O. 'er4C431 t. .�.'1.•,mea ''aT�? �� v r, •'mo i;- ,>...1��7)I ,S`k;,�4,,,•� ,,,,w.L:rive+ �Y -'• ice ♦ ' 'kz----F- y1�. + �f 1 >- 1tikd.a X �- : .qy�-max � �� �:_ti w:- J. � �-� �.�-�. �..-�`;�.� 'A���.�o>yc�a:tt��+,o:ra� �,,• �-...,,s�. _ • ..r., i ..1�'.!L•�..c.r.R•:c:'�6r,•.,+�Cr>�•n�K wr-•i!.Y:ta.r._..'•4.�r,�,�•...�.�!et�e4�1��j}?��SR„-�2's�"�y�'���� �i<�'��l?� a;+,.�•�J'•Y�;�i�.".�3':�1��+��••iln X Bridge National Guard Deployment $300,000 . Y Transit System Police Overtime $200,000 - • Z. Public Building Contract Security Personnel $250,000 Total $750,000 - • Sample Critical Infrastructure Protection Budget Detail Worksheet for Sub-Awards Sx~'Asti,.^ x�,,.-••••.k,„.,,,,,,,,...,...- ,—,.,..-4,,,,-7,,,,,,,:-.4- �=, :',6...,;,,..4"'4'..t...,:',:`,-- ""•' L ; ?,�y`..' a. r 1,n ':.•%.---45;:i-t• ._' •.i- t 's.._...- . •1, "'i- 1C .,1 `A '»��� Lv,,-.'aA"<; 1 >a?:•' ":': , k r.: v ,.,,..., _,..,•,•• !•t`- .:; .-;-'''r . 'Y• ` ;--'F::•-• _ :yam} a'{V „'.tt J�7'. `}{.J•"+yY4c^,� '4•xµ. `•i� ,'' cnJ (� { =•'+Fi ...,.-.-..4,-...,,. .C. s':�!;� 4, �1„�f. '•L^TT�•�.i. .+•r o i A ''c''`- i .. �ur .s d i c yi r:art+ •C�' ,,,,.----,,,,,..-,,,g., ' >'�~•Sy?3 ' " _--9-` -i.,' 1.--..t.-r..fi y 1 •± �r -s�',.r�.,� �'m r T"'G, ,. ,<-.. 7r�lc .i, ,,,,,...1,4,16%,_ ', �,Vis j-,--Si,+'' act .'..0`,..:.4.4:*'4 ;t.�y," S �I0 L� �:O �� > .,A,�=,w-- s �� ' County A $450,000 • City B • $7.50,000 - - State Agency C $250,000 _ . • Total $1,450,000 • • • Sample First Responder Preparedness Budget Detail Worksheet for Direct Purchases of 1 .Equipment ' • ?'�l ^yL+vf� r��s��n N,4*.ati.,, 'yyi.Ic..�... 4:}_r M f'r. nrrti�?,.- _ - t' +r! 3'3 .c �._ 4;•firar: �L x o�r'e�cX� Tvn��Y �. T��'� �i.•►�r ✓♦ J�v7� F• w �s7a4. t. < .4i.�, i4s,-,er,;,c .�� :I o•t� °isat,.'4, ,, sy •�Er-'„,,,,,,,,-- >l.-,,x •Y { m,-%,,,, ,:' y4,ti � r �'! � • 'si`J: y'Jj. ' "�i••• zy Y�7� I Y s.. 'Y �� � :A ..,�• �•, +�.t .�a _ ate: :o - 4 e ,; Q taji..:1,.... oT p �+ = �• .-JS'. S.: j�'Y'�•,'UL, r'4" i !f ,, 4..••r�.r`4'P. 1`„ C t 'f.;••� ..0 ;:`^ , D t © �'•r: Q ,sci..l i , Lam'`' C' t ���} 't+��'��,Iatt:�•����c_("�w-.��. ;;�V •.C�+� 4��-Y}`,� �-.�;,�'4sa ,�..».;.�1 P���..�+' '1.�:�;i-:R<°°.l�^ ..•R'` �,�w .. .. . �y;a ��..�•L; ���-1 f'•,• ' «.e���•7....��.�.,,ot .�'�.. - ,N �•��yYY.j•..4L-v-.. rciz: • >4y..,,,, '3,)' 'il.. . ., �7 _N._ +�i f f ��' .-. -4-.'�.i �`- -A • ` i�.•M .L�Na a i � ��''7Z� r 'l �'' ..�.!_ •p lam•w. ti „1�",L�s K �'tZ ♦ ;*11-'8-1#4,4.7 "` j rte. ��+c_,r.`t:.4.•. �t ,t _D..,--- ,. d'r'Y ,,c st t, •,.• _ �t'.C^ �.�•C���y.�•tl•:la��.�`fr Ia.i .j3 iG i�l •>~. � •�w �w?d.�`��d•+�A' t�P,�yty.i •' �4 '� �`•!�.F' .e 1 J,,{-��� t• Pw���_.......,i--,., 3.�,.�a � .y Ma Y ,` L1 i►.rl',._„a2�r • '':C., ...,,,-.�- 'xt,.bt',,�,-„, �-,, 74 . County A PPE SCBA - 30• 10 $500 HZ- $250 min. LE - $250 • City B Detection Chemical 2 $14,000 HZ-$7,000 Ageny FS - $7000 Monitor , State Agency C Communications Radio 3 $150,000 FS - $50,000 • Interconnect LE - $50,000 . • System EMA - $50,000 • Total $164,500 • •. r ** Law Enforcement (LE), Emergency Medical Services (EMS), Emergency Management (EMA) Fire Service • (FS), HazMat(HZ), Public Works(PW), Public Health(PH), Governmental Administrative (GA), Public Safety • Communications (PSC), Health Care (HC). r~_o • 41 • • Sample First Responder Preparedness Budget Detail Worksheet for Direct Purchases of • Exercise, Training and Planning/Administrative Services • .may♦. '.w...,' v ....;...,,. ... .. .,., .. ..,.. ... ....... ..- ... :.4' .,�� .J... \• 4 r.} _�•. ,s rtt. S;Y.i fy �•tti. `�f..\3.i.,.••X.. .�.a r�.'✓'�..,.•s'..i wf:"a;:s:>>. - .•Y.. -�'i^Y.r..., •vr»'wL�\-.:^w�•,l:�w.�;p�:.+..,`..���•��V�.. ..y;a 'x�•�C'<w.'a.~� •:Ii' i-uYi•'• :S'1i-: '1.N.`C1t::h.X�•fir.. �. J. •�� +.. � .Nr �. 'Y�;�•�. !-t•-,��ii 'N, ,'� �:,,.o:•;y5»' :':f: +,tom r.,�'....�.. y .�' tnr. _;iY" e. �-•=�:• .3C':. +-. r � .v,r L.'. 1�'- ✓ �e`S' :�. ,� > '� �'Sr„iS<� G."*.•ti+{•�!'! � d .io.'ia.''i�. Y•���i:�,�.'�'' �.'"�:• .� > ” 'r �r2,�. ,�a��`�` �_'Frt;'.�- c'r�sr �.s _ ,,.'�'4''' .����•.r:.>�'::"4.r,•� .�'a'-"�"3,\'•;� s�,,,� Vis. �.e-�,c�:;�. � r a R7�ti.l .,.�.c.1•t:e`+�''?t• �� 5`�+'+.� ,�•��.:'4• 'itil )X15-3-.Y• ,i.l. ';'�.��,,1�`.� .-t � R-. '�.r�.. rL`"_•v Y 'fir.'�i' rtal-Mas:',4100404Wetia&‘iPAILSPlati w�??lit ►. :•C?�'.,. •f R. .,{':-R: •.•.'1t,,;.. 2!t-•>>•�T�'.!f`M s. ,;i•,., � ♦ .r 1 ;. Ak � r> a,t �Y'. +, ao.l. � <#.c � ac...7F.^v.�•.r,,. y'�•y'tiL..��_ � � �i ... �. ^°''� '�u; r�i "i. ''..�� ;`�.�h�j�,�� �7�'�;-��r?F;•,r , !�iD• ��{'s' ��i < :tY?�F21'.:ti l 1 .� �' � r titi.��r�^. '��r' :. ".LJuri �fi�tro�r�� :k . �'.�F=rr:n.cti•o�� � �:C~at•.e.• o;:N�,-.�.�� J. �er�,�, r. ��. �, �A�� :.ou.n�•._� ��y,.. .:,.+1u .�-.yf. �"'e1�.'`�C R :'•> �•rf l rtr. v.... 9..+.51..•!:., ,:. �' 't, .+T�,t�. 4 ,w,�..w'u.. 1 ,i,r,JrL�+..^^�•�•L.•.'.h ,�7! 'e-;a. «y.�"j�'.<ri.��' i�.i;4dra:�-':h.� .,••!. Y � . .--f' _ 1tY's: Yj,• ��`''.f�:"�+y,''"-+i�;� ,Jnr ,."1"j ;yiy,--•'=.� .., .v<- '4�,� "]�:J..-..•. a. .. '3L�{'Lk a..... ...,. >Y••j t ,�j;.c�1 �( ,�'i`+..w s;-'f: � �..0 �Y''•.. .A. .a r„+.tiF�`.. ri-e: ."`''l y,�' •+, -'•'i�)tt ...... .h...r..-�s...J... i'.1.._.�.�;•:e�r.1�., :.>F �1 .1�k'1i�::�''1.r, l--�Y....<w..X� �...L et l'x>..a-. 15....�I����t._.,.t.� ..!.!7Rnl .A:'�U'3'... YY.!T+e�1` ~%']�'7a' County A Training Overtime Support attendance at $750 incident Response to • Terrorist Bombings Course City B Exercises Contractor Design CBRNE $130,000 • Exercise Program State Agency C Planning/Admin Personnel Grant Manager $50,000 Total $135,750 Sample First Responder Preparedness Budget Detail Worksheet for Sub-Awards w-7-=w��5,3t.,.� •."i ��r^:"�.'i7'���cc,! '�•�'v'F'•.. � _��''}i-r;' a.�) _r��.. .��.�.(C a �..''-:.t� ��Se,-_��t''_ '_'�'•. Tey. ;y .^" ��. L` t, ._ �y K "Y'ry l .{� •a.•e'er •++'M; `p ' y •�'„ -`~ 1:,:.y�C•I..,y„� � Y M �[.xy .T'. •`r ♦ y t s."� { .u:l e:n: 'rI �� � E..ercis .4._. i T•raini n � �' :�:� PA a ��a�n® __•timu \ p _w. 3� «n'r yin x d y_� L g •-.:r�i�°'� • "t9r ' �:.A;y;L Jo►t�'��r¢:`�"" � i a !�i�•\^:4•�-�• ,�tiwi. .y 2'�.A�'` ��i'.����pti��+��'�'.}�, -�?x -'•?"', ' ,•-•,7 - A Ilo at-t:o n may, ..A.l1 o,ca tt:on �lA I l o catt:oi c v, w Y. •�'.... ...,.. � � �. d... ��a.:.s-a:T+a'�(.L��C/etirt�L �t�• .•.5:... �Com•:+: .. �"...��• .•.s.vim. �d:7'7•M►��. .. � � 'ti.. 9i}('4rr" 1. 'i a County A • . $200,000.00 $150,000.00 City B • $800,000.00 $150,000.00 State Agency C $300,000.00 • $300,000.00 $250,000.00 • • Total $1,000,000.00 • $450,000.00 $450,000.00 $250,000.00 • • C. Additional Information - Grantees must also use Block 12 of each Categorical Assistance Progress Report to describe progress to date in implementing the grant and its imp. on homeland security in the'state-. Each report must•provide an update on the following activities that occurred during the designated reporting period: • • 1) Describe progress made to date in implementing this grant. Funds Used for Equipment • • If your state is sub-granting funds for equipment purchases, report: • The total number of sub-grants that the state intends to award; • The number of sub-grants that.the state has awarded to date, with th.e total amount of awards made thus far; • The names of agencies and/or jurisdictions that have received sub-grant awards during the reporting period and the amounts received; and • The total amount of funds expended through approved sub-grants to date. • Attach any new equipment budgets that have been submitted to the state by sub-grantees during the reporting period. Each sub-grant budget should include the Equipment Budget Category, Item, Quantity, Estimated Total Cost C-3 • ) • • • • and Discipline Allocation. If your state is purchasing and distributing equipment, report: • The state agencies and/or local jurisdictions the have received equipment 'during the reporting period and the funding amount allocated for each; • The total amount of funding that has been obligated by the state thus far; • The total amount of funding that has been expended by the state thus far; and, • . The percentage of overall equipment (in dollar value) that has been received and distributed. . • • Regardless of the state's method of funding/equipment distribution, indicate whether personnel within recipient agencies•and/or jurisdictions are sufficiently trained to use grant-funded•equipment, and•if technical-assistance-or oth.er.training is needed. Any . procurement, distribution; or other equipment related problems should also be noted in the progress report. Funds Used for Exercises if the state is using exercise funds to hire state-level staff/contractors, indicate general activities that have occurred during the reporting period. Describe how the additional staff has contributed to enhancement of exercise programs within the state. Relevant questions to address may include: • What elements of a_statewide exercise program have been developed? • What type. of coordination has occurred between state-level exercise staff/contractors and local jurisdictions? • What exercises have state exercise staff/contractors helped identify, develop,. conduct, and/or evaluate? What jurisdictions were involved? • if exercises have occurred, how are the post-evaluations being used to identify and address preparedness needs? • Have actions•been taken on any exercise evaluatibn.findings? • Attach any outstanding after action reports. if exercise funds were provided to local jurisdictions and/or state ,agencies to develop, p conduct, assess: and/or participate in exercises, indicate how those funds were generally used. Relevant questions to address.may include: • • • What jurisdictions/agencies were involved in the exercises? • What activities did the funds support(i.e.overtime for participants, contractors, etc.)? • if exercises have occurred, how are the post-evaluations being used to identify and address preparedness needs? • Have actions been taken on any exercise evaluation findings? Funds Used for Training tf funds have been used for training, decscribe how they were used. Some relevant questions to ask include: • • r_a • • • • • • • • • Are funds being used to:developa comprehensive Homeland Securitytraining 'program in the state? • What steps have been identified and taken? • • Have training staff been hired? What activities are they undertaking? • • Have funds been provided to state academies, universities,or other institutions to enhance Homeland Security preparedness? How will this impact the number of responders and other officials trained? • if funds have been provided to academies, universities, or other institutions, how many individuals have been trained? • Are funds being provided to local jurisdictions and state agencies to pay for training courses/overtime? Finds Used for Planning and Administrative Purposes Report.hiring of additional staff and activities they have pursued. Additionally, indicate steps taken to facilitate the state homeland security strategy. Describe meetings and assessment/strategy training sessions that have occurred with state offcials and local jurisdictions. Note any:difficulties and indicate if technical • assistance is needed. . • 2) Additionally, address the following issues. • • .Describe progress made to date an achieving the state's overallgoals and 9 objectives as identified in the state homeland security strategy. • Briefly explain how ODP resources(other than those already addressed above) • are contributing to attaining the overall goals and objectives identified in the state homeland security strategy. • • Identify other significant activities/initiatives your state.and/or local 1jurisdictions are pursuing to enhance overall .preparedness and responder capabilities, particularly those initiatives not previously addresses in the state homeland security strategy, or not being supported by ODP resources. • • Identify problems your state is encountering regarding the implementation of any area of the state homeland security strategy, and any steps taken by your state to resolve these problems/ issues. • Identify areas or concerns not addressed that require incorporation into the ODP State Assistance Plan (SAP). • • tf applicable, briefly describe any unique initiatives/ promisingPractices your. state has undertaken that may be applicable to other states or jurisdictions. tf applicable, provide any feedback on the ODP grant process and ODP assistance with strategy implementation, including implementation of the SAP. Identify any other issues or concerns not addresses above. . C-5 NTRACT NO, 0 _/ )6 a AMENDMENT NO, This number m..st aaoear on all 't .1 es correspondence and Office re° estic ' aredness Federal Department of Homeland Security (DHS), ? P (ODP) Reimbursement Grant Progr. ' s For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes • This agreement, pursuant to A.R.S. § 11-951 et seq., is entered between the State of g Arizona, Division of Emergency Management (ADEM) and Pima County, for and on behalf of Pima County Health Department (Sub-grantee). This agreement shall apply to fundsp rovided by or through the State to the Sub-grantee, pursuant to the United States Department of Homeland Security, Office for Domestic Preparedness and Public Laws 108-11, 107-56, and 107-296. A. Term and Extension This IGA shall be effective 4/01/2003 and except as otherwise provided in this agreement, this agreement shall terminate on 4/30/2005. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties hereto. B. Termination Eitherart terminate this Agreement at any time by giving written notice of such p �' may termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. C. The Sub-grantee certifies that: 1. The recitals set forth above and the Sub-grantees certifications in paragraphs 2 through 13 below are incorporated into the agreement set forth in Sections B. through I. below as if set forth in their entirety. 2. The undersigned individual has legal authority to apply for funds on behalf of the Sub-grantee. 3. Federal funds under this award will be used to supplement but not supplant state or local funds. 4. The sub-grantee shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving US DHS/ODP funds. 5. The Sub-grantee shall use US DHS/ODP funds solely for planning, administrative, training, exercises and, when applicable, for the purchase of US DHS/ODP authorized equipment. 6. The Sub-grantee shall establish and maintain a proper accounting system to record expenditures of grant funds in accordance with generally accepted accounting standards or as directed by ADEM. Exhibit B 7. The Sub- antee shall return to the State, within two months of such request by ADEM anypartial reimbursement not supported by audit or other State review of documentation maintained by the Sub-grantee. 8. The Sub-grantee shall comply with all applicable provisions of State law and regulation in regard to procurement of goods and services. 9. The Sub-grantee shall comply with provisions of the Hatch Act limiting the political activities of public employees. 10. The Sub-grantee shall not enter into any contract with any party that is debarred or suspended from participating in State programs. 11. In accordance with the provisions of Section 319 of Public Law 101-121, and implementing regulations at 44 CFR Part 19, the State is responsible for obtaining p g from state agencies and political subdivisions (Sub-grantees), contractors and subcontractors under this contract the requisite "Certification Regarding Lobbying" and "New Restriction on Lobbying" (44 CFR Part 18) for each grant. The Sub-grantee is responsible for filing these certification and disclosure forms with the State. 12. In accordance with the Drug free Workplace Act of 1988 and implementing Sub-grantee regulations, the will provide the State a "Certification Regarding Drug-Free Workplace Requirments". 13. The Catalog Number of Federal Domestic Assistance (CFDA) for this grant is 16.007. D. The Sub-grantee agrees to: 1. Comply with applicable state and federal program laws, Executive Orders, regulations, OMB Circulars, and the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. Comply with the organizational audit requirements OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19 (www.ojp.usdoj.gov/FinGuide). 3. Submit a final financial status report to ADEM Homeland Security Grant Administrator, any required performance reports, a request to close the program, and any other required forms and certifications within 90 days of completion of grant activities. 4. Complete all activities related to funds within the time period prescribed in US DHS regulations and on the obligating documents. Written request for an extension will include information and documentation to support the amendment and a schedule for completion. 5. Submit quarterly status reports and closeout reports until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. Extensions will be granted due to conditions/causes that are beyond Sub-grantee's control. 2 E. Payment In Accordance with US DHS/ODP Grant Guidelines reimbursement will be the method for disbursement of funds. F. Non-Availability of Funds Every payment oa ent bli ation of the State is conditioned upon the availability of funds g appropriated ro riated 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 ADEM at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the ADEM shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. G. Audit of Records The Sub-grantee shall retain all data, books and other records ("records") relating to this Agreement for a period of three years after completion of the Agreement. All records shall be subject to inspection and audit by ADEM at reasonable times. Upon request, the Sub-grantee shall produce the original of any or all such records. H. Interest Earned Sub-grantees shall account for interest earned on Federal funds. Interest earned shall be returned to the State Administering Agency, ADEM which shall in turn return the funds to the US DHS/ODP. I. Cancellation for Conflict of Interest Pursuant to ARS 38-511, the state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any extension of the contract in any capacity or a consultant to any other partyof the contract with respect to the subject matter of the contract. A cancellation madeP ursuant to this provision shall be effective when the Sub-grantee receives written notice of the cancellation unless the notice specifies a later time. J. Civil Rights 1. All recipients of federal grant funds are required to comply with nondiscrimination requirements contained in various federal laws. All Sub- grantees should consult the assurances to review the applicable legal and administrative requirements of the statute that governs OJP-funded programs or activities. Section 809 (c)(1), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d) of the Act provides that "no person in any state shall on the grounds of race, color, religion, national origin, or sex be excluded fromp c artii ation in, be denied the benefits of, or be subjected to p discrimination under or denied employment in connection with any programs or 3 ' activity" in which federal law enforcement assistance is provided under this y chapter. Recipients of assistance under the US DHS/ODP support are subject to therovisions of Section 809(c) of the Act; Title VI of the Civil Rights Act of p 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; and the US Department of Justice Non-Discrimination Regulations, 28 CFR part 42, subparts C, D, E, and G. 2. If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability, or age against a recipient of funds after a due process hearing, the recipient must agree to forward a copy of the finding to the Office of Civil Rights. If the Sub-grantee is applying for a grant of $500,000 or more, US Department of Justice regulations (28 CFR 42.301) require an Equal Employment Opportunity Plan. The plan should be included with the application submission if it is not already on file. 3. A Sub-grantee that receives $500,000 or more (or $1,000,000 in an 18-month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP) within 60 days of award to OCR at the US Department of Justice, Office of Civil Rights, 810 Seventh Street, NW, Room 8136, Washington, DC 20531. 4. Alternatively, the Sub-grantee may choose to complete an EEOP Short Form, in lieu of sending its own ESOP, and return it to OCR within 60 days of the date of this letter. 5. If any agency has under 50 employees, regardless of amount of award, no EEOP is required; however, Sub-grantee must return applicable portion of Certification Form to OCR within 60 days of award. Pursuant to the special conditions regarding EEOPs governing this award, recipient acknowledges that failure to submit an acceptable EEOP is a violation of its certified assurances and may result in suspension of draw down of funds until EEOP has been approved by the OCR. K. Indemnification. To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as `claims') arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. L. ADA. The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 4 tj 1 M. Severability. If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. N. Entire Agreement This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever is appropriate. 0. Additional Instructions For Sub-grantees Receiving $25,000 or More, but Under $500,000. Pursuant to Department of Justice regulations, each Sub-grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the sub- grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR). Please complete the applicable section of the Certification Form and return it to OCR within 60 days of award. P. Additional Instructions For Sub-grantees Receiving Under $25,000. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP). No Certification is required. Q. Instructions for All Sub-grantees. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e. Additional information and technical assistance on the civil rights obligations of grantees and Sub-grantees can be found at: www.ojp.usdoj.gov/ocr. R. Arbitration The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. 5 Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes Agreement Signature Page SIGNED FOR THE SUB-GRANTEE: PIMA COUNTY: ATTEST: - i . c),,, 2(103 �,.• NOV 1 8 t .r ,. '1r 1 8 2003 Board of lsors Date Clerk of the Board Date APPRO ED AS TO CONTENT: / _‘--, ,,,,,d3 Dennis W. ouglas, Director Date Pima County Health Department 150 W. Congress, Tucson, AZ 85701 SIGNED FOR THE STATE ADMINISTERING AGENCY: ' , ;, ,i, _ i / '<'?, c A, .e1 0 Frank F. Navarrete, Directo Date Arizona Division of Emergency Management Arizona Office of Homeland Security INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between Pima County and the State of Arizona has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY STATE OF ARIZONA :0 A-- (1.3-Q3 Deputy C-.•my Attorney Date Attorney for State of Arizona Date 7 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: 09/08/04 TO: HONORABLE MAYOR & COUNCIL FROM: Charles Kidwell, Transit Services Administrator SUBJECT: Resolution Number (R)04-87 , Adopting the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy. SUMMARY: Pursuant to the Town of Oro Valley receiving Federal Transit Administration (FTA) funds for transit services, the FTA mandates that all entities receiving such funds, adopt a Drug-Free Workplace Drug/Alcohol Policy for all employees regulated by the FTA. Thisolic has been approved by the Town's Human Resources Director, Legal Department, and p Y a third party contractor (Precision Compliance Inc.). PROJECT OVERVIEW: The Town of Oro Valley has a transit service for elderly and disabled residents — Coyote Run. The transit service provides trips to Oro Valley residents who are 62 years of age and older, transportation dependent and/or residents who are eligible under the Americans with Disabilities Act. This service has been facilitated by the Town of Oro Valley since October 1996. Since then, there has been a need to increase fleet size as well as replace vehicles due to the significant demand for the service. The Cityof Tucson is the designated recipient of FTA funds. Therefore, the Town of Oro Valley is considered a subrecipient of the City of Tucson. The current IGA between the City of Tucson and the Town of Oro Valley establishes the FTA policies, facilitates and establishes the grant requirements and funding delineations. FISCAL IMPACT: Total Drug/Alcohol testing is estimated at $900 annually for the Transit Services Division. This is a budgeted expenditure. Therefore, no additional money will be needed. r TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1) One (1) copy of Resolution Number (R)04- 87 , Adopting the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy 2) One (1) copy of the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy. RECOMMENDATIONS: It is the recommendation of the Transit Services Administrator to approve Resolution No. (R)04- 87 , thus approving the adoption of the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy. SUGGESTED MOTION: I move to approve Resolution No. (R)04-87 Adopting the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy. OR I move to deny Resolution No. (R)04-87 , Adopting the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy. ‘2o,.Transit Services Administrator Public Works Director Town Manger RESOLUTION NO. (R) 04 - 87 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING TOWN OF ORO VALLEY DRUG-FREE WORKPLACE FEDERAL TRANSIT ADMINISTRATION (FTA) DRUG/ALCOHOL POLICY WHEREAS, the Federal Transit Authority has the authority to provide funding for transit services and believes it is in the best interest of both the passengers of transit services and the employees of the Town; and WHEREAS,the Department of Transportation has the authority to mandate the adoption of such policy for safety sensitive employees who's entity receives Federal Transit Administration Funding; and WHEREAS, the Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy calls for the random drug testing of certain Town employees; g and WHEREAS,the Arizona Supreme Court has held that certain forms of random drug testing without consent are unconstitutional; and WHEREAS, to comply with both the FTA requirements and the Arizona Supreme Court, the Town of Oro Valley deems it necessary to include a random drug testing consent form within the Oro Valley Drug-Free Workplace Federal Transit Administration(FTA) Drug/Alcohol Policy; and WHEREAS, adoption of the Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy is in the best interest of the health, welfare and safety of its citizens; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as the Town of Oro Valley k Drug-FreeWorkplace Worlace Federal Transit Administration (FTA) Drug/Alcohol Policy, is hereby adopted. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 8TH day of SEPTEMBER , 2004. F:\Resolutions\Drug Free Workplace Resolution.doc Office of the Oro Valley Town Attorney/ao/080304 TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney F:\Resolutions\Drug Free Workplace Resolution.doc Office of the Oro Valley Town Attorney/ao/080304 Town of Oro Valley Drug-Free Workplace FTA Drug/Alcohol Policy Prepared by: Chuck Kidwell, Transit Services Administrator Date of Issue: 08/04/2004 Contains: Federal Transit Administration (FTA) Policy • Drug-Free Workplace Act 1988 • DOT 49 CFR Part 40 —Procedures for Transportation Workplace Drug Testing Programs • FTA Part 655 —Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations Approved by: Oro Valley Town Council on this date: a TOWN OF ORO VALLEY RANDOM DRUG TESTING CONSENT The Town of Oro Valley is dedicated to providing a safe working environment for our employees. Our goal is to improve safety awareness and performance, in addition to creating a system of accountability for all employees who perform safety sensitive functions. Please be advised that by signing this form you agree that the Town of Oro Valley may subject you to random drug testing anytime throughout your employment. This testing is done anytime you are on duty and you may be selected from a pool or consortium of FTA-mandated, safety-sensitive employees. Selection will be made through a computerized, scientifically valid, mathematical process used to select individuals for testing. In addition to drug testing, a percentage of names selected for controlled substance testing will also be tested for alcohol in accordance with FTA Alcohol & Drug Testing Regulations. If selected, your name will be placed back into the random pool each time and you will again be subject to selection and testing. You have an equal chance of selection each time a new random list is generated. You should reasonably expect to be contacted for a random drug/alcohol test on any day/time during the Transit Services Division's hours of operation. If you are selected, you will be notified by your supervisor and you must report immediately to the nearest Town designated facility for testing. You will not receive advanced notification of your selection. You may be randomly tested while you are performing safety-sensitive functions,just before you perform safety sensitive functions, or just after you have ceased performing such functions. A refusal to test or failure to show up at the testing site will be considered a positive test result and will result in discipline up to and including termination of employment. Refusal to sign this form may result in termination of your employment with the Town of Oro Valley. By signing this form I agree that I have read and understand the above guidelines. I give my consent to be randomly drug tested by the Town of Oro Valley. I also acknowledge that I have been given a copy of the Town of Oro Valley Drug-Fee Workplace FTA Drug/Alcohol Policy. Employee Signature Date Town of Oro Valley Drug-Free Workplace FTA Drug/Alcohol Policy Table of Contents Purpose 1 Policy Communication 1 Who is Subject to his Policy 2 Types of Testing 3 Prohibited Conduct 4 Consequences of Prohibited Conduct 6 Pre-Employment Drug Testing 9 Random Alcohol and/or Drug Testing 11 Reasonable Suspicion/Cause Drug and Alcohol Testing 13 Post Accident Testing 14 Return to Duty Testing 16 Follow Up Testing 17 Blind Performance Testing 17 Collection Process 17 Laboratory Analysis 21 Reporting of Test Results 23 Medical Review Officer(MRO) 25 Split Specimen Testing 27 Substance Abuse Professional (SAP) 28 Test Results and Records 29 Training 30 Drug-Free Workplace Administration 31 LIST OF APPENDICES APPENDIX FORM A Authorization for the Release of Information B Notification of Testing C Post-Accident Instructions D Supervisor's Report of Reasonable Suspicion E Company Designated Service Providers F Approved Specimen Collection Sites Specimen Collection Procedures H Certification of Completion of Drug and Alcohol Awareness Program I Removed J Verification of Participation in Alcohol/Controlled Substance Testing Program PURPOSE The Town of Oro Valley(Town) recognizes that employees are an organization's most important resource and is therefore committed to providing an environment that is totally free of the harmful effects of drugs and alcohol. The following policy is intended to protect the safety of employees and the public we serve, as well as prevent accidents and injuries that are the result of drug and/or alcohol abuse. Furthermore, this document is intended to comply with the regulations of the Federal Transit Administration(FTA). This document outlines the Town's Drug-Free Workplace Program as mandated by the FTA and the Town, and provides guidance to supervisors in addressing substance abuse issues. Since it is difficult to cover every possibility and outcome of drug testing in this policy, if a situation is not covered in this policy, the Town will follow the FTA regulations, interpretations, and suggestions. This policy was adopted by the Oro Valley Town Council on . This policy will be kept current with the latest federal regulations. POLICY COMMUNICATION Realizing that a policy's effectiveness is dependent upon how well it's communicated; it is the Town's intent to furnish a copy of this policy to every employee regulated by the FTA. Each employee regulated by the FTA will be required to sign a confirmation of receipt form that acknowledges that the employee received a copy of this policy. This policy applies to all employees and applicants of the Town regulated by FTA 49 CFR Part 40 and 49 CFR Part 655, as amended. Any exception to the Federal Regulations will be noted throughout this policy in Italics (Italics). It is the responsibility of the employee to read, understand, and comply with this policy. Employees are encouraged to ask questions if there is any part of this policy that is not understood. Failure to read or understand any part of the policy will not relieve the employee of the responsibility to abide by it. Any inquiries should be directed to Town of Oro Valley Human Resources Department 11,000 N. La Canada Drive Oro Valley, AZ 85737 (520) 229-4750 The designated program manager shall be the Human Resources Director, or designee, at the above address and telephone number. The direct phone numbers for the Human Resources Department are: Human Resources Director —Jeff Grant @ (520) 229-4750 Human Resources Specialist —Carol Willett @(520) 229-4751 WHO IS SUBJECT TO THIS POLICY In accordance with FTA regulations, this policy applies to: Any employee who operates a revenue service vehicle, even if it is not in revenue service; operation of a non-revenue service vehicle that requires a Commercial Driver's License (CDL); dispatch or controlling movement of a revenue service vehicle, maintenance of revenue service vehicle or equipment used in revenue service (including individualsengaged engine, parts en a ed in repair and/or overhauling). The actual job duties of employees to have been analyzed to determine whether persons perform, or may be called upon to y perform, safety-sensitive duties. Participation in the Town of Oro Valley Drug and Alcohol 1 y ' ' employees Testing/FTA Program is a requirement of each of these safety-sensitive and is a condition of employment and continued employment with the Town. Therefore, the Town of Oro Valley, Coyote Run Drivers, Dispatchers, and any other positions/persons (i.e., Communications Clerks, Administrative Assistants, etc.,)who are p designated to serve as backups to Drivers and Dispatchers, are subject to the provisions of this policy procedures and and area required to participate in the Drug-Free Workplace FTA Drug and Alcohol .Policy policy This olic also pertains to employees or contractors who carry a firearm for security purposes. Volunteers are exempt from the drug testing policy unless they drive a vehicle se y p rp which requiresthey have a CDL and/or performs a safety sensitive function and receives remuneration in excess of their actual expenses. Any new job classifications will be analyzed for say job gfet -sensitive categories and corresponding company position titles that clearly identify which employees specifically covered will be included in this policy or attached to the policy. This p yees are p y includes supervision, onlyif theyperform, or may perform, safety-sensitive functions. This policy p � applies to both Town applicants and non-Town external applicants for these safety-sensitive positions. Throughout this policy, all of the above listed employees will be referred to as"covered p y employees." The terms "covered employee" and "employee" are used interchangeably and refer to the same above listed individuals. It is to be noted that this policyreflects that these employees are subject to drug and/or alcohol . testinganytime while on duty. This means that an employee is subject to drug and/or alcohol testing Yt before, during, and just after performing safety-sensitive function. The Transit Services Division's Hours of Operation are 8:00 a.m. --5:00 p.m., Monday through Friday. The Transit Services Division services are currently not provided on weekends or holidays. On Duty hours for Maintenance staff for the Transit Services Division are in accordance with the requirements of the maintenance contract (s). All testing procedures comply with the procedures set forth in Part 40 of the FTA Regulations (See 49 CFR Part 40). Neither the implementation of this policy nor any of the terms of this policy is intended to modify the at-will nature of the employment relationship at/with the Town or to otherwise create anycontract, express or implied, with any employee. Employment with the Town is considered at- p p "at- will,"and meaning that it is for no set duration and can be terminated by the company or the an ee emp to at time,for any reason, unless prohibited by statute or public policy. y y 2 TYPES OF TESTING Participation in the Drug-Free Workplace FTA Drug/Alcohol Policy testing program is a requirement of employees regulated by FTA, specifically in accordance with 49 CFR, Part 40, and Part 655, and therefore, is a condition of employment and continued employment with the Town. The covered employees will be subject to: PRE-EMPLOYMENT DRUG TESTING RANDOM ALCOHOL AND/OR DRUG TESTING REASONABLE SUSPICION (or REASONABLE CAUSE)ALCOHOL AND DRUG TESTING POST-ACCIDENT ALCOHOL AND DRUG TESTING RETURN TO DUTY ALCOHOL AND DRUG TESTING FOLLOW UP ALCOHOL AND/OR DRUG TESTING 3 PROHIBITED CONDUCT NO COVERED EMPLOYEE SHALL: • Report to work within four hours of consuming alcohol. p • Consume alcohol four hours prior to performing a safety-sensitive function. • Report to dutyor remain on dutyrequiring the performance of safety-sensitive functions p while havingan alcohol concentration of 0.02 percent or greater. This includes when the employee is called out for duty. • Use alcohol while performing safety-sensitive functions. • Manufacture, use, sell, distribute, dispense, purchase, or have in possession alcohol or any controlled substance on Town time or on Town property, including breaks and/or lunch breaks(consistent with the Drug-Free Workplace Act of 1988). • Consume alcohol while on-call or standby. • Fail to remain readily available for testing after an accident. • When required to take a post accident test, use alcohol for eight hours following the accident q or before being tested,whichever comes first. • Fail to immediately report to the collection site when notified to do so. • Refuse to submit to ap ost accident, random, reasonable suspicion, return-to-duty, or follow- up drug or alcohol test. • Report to dutyor remain on duty requiring the performance of safety-sensitive functions p when the uses employeecontrolled substance, except when the substance is obtained any legally under the instructions of a licensed medical practitioner who has advised the g y employee that the substance will not adversely affect the employee's ability to perform safety-sensitive functions.Any employee using medication or prescribed drugs, which may impact their abilitytoperform safety-sensitive functions, shall notify their supervisor of the p fact prior to performing any safety-sensitive functions. • Report to duty, remain on duty or perform safety-sensitive function, if the employee tests p y positive for controlled substances. • Refuse to take an alcohol and/or drug test. A refusal to test constitutes a verified positive alcohol and/or drug test result. • Attempt to interfere, alter, substitute, adulterate, or in any way affect the outcome of the alcohol or drug test result. • Testru ositive for drugs or alcohol after being released by the Substance Abuse Professional p g . . and returned to dut ; either during the rehabilitation program (tests administered by (SAP) y the rehabilitation facility) or during follow-up tests scheduled in accordance with the Substance Abuse Professional's evaluation, or during random tests. • Testp ositive for the following drugs in accordance with Department of Transportation (DOT) Alcohol&Drug Testing Procedures(49 CFR Part 40): Marijuana (THC metabolite), Cocaine, Amphetamines (e.g. racemic amphetamine, dextroamphetamine, and methamphetamine), Opiates (e.g., heroin, morphine, codeine), Phencyclidine(PCP) (There are federallymandated cut-off limits for screening and confirmation tests. Please reference 49 CFR Part 40.87 for screening and confirmation drug cut-off limits.) 4 If a different substance is suspected than the standard five tested for, the Human Resources Director, or designee, may request additional or different substance testing. The employee will be tested using non-regulated custody and control form. ALL COVERD EMPLOYEES SHALL: Notify the employer o,f'any criminal drug statute conviction for a violation occurring in the workplace within five (5) days after such conviction, as stated in the Drug-Free Workplace Act of 1988. NO SUPERVISOR SHALL: Having actual knowledge or reasonable suspicion that a covered employee has an alcohol concentration of 0.02 percent or greater, permit the employee to continue performing safety- sensitive functions. Having actual knowledge or reasonable suspicion that a covered employee is using alcohol while performing safety-sensitive functions, permit the employee to perform or continue to perform these functions. Permit a covered employee who refuses to submit to post-accident, random, reasonable suspicion, return-to-duty, or follow-up alcohol or controlled substances testing, to perform or continue to perform safety-sensitive functions. Having actual knowledge or reasonable suspicion that a covered employee has used a controlled substance, permit the employee to perform or continue to perform safety-sensitive functions. A SUPERVISOR SHALL: Having actual knowledge or reasonable suspicion of any of the situations listed above, shall report such information to management immediately. 5 CONSEQUENCES OF PROHIBITED CONDUCT Covered employees who have engaged in prohibited conduct (as stated in Prohibited Conduct) shall be immediately removed from their safety-sensitive/driving position, and placed on administrative leave pending an administrative investigation and disposition of their employment status. The employee will provide a phone number that they can be reached at so that they can be contacted by phone. The employee is to remain available for contact and to be ready to present himself or herself at a designated Town location when asked to do so by supervision or management. If necessary, the employee's work hours may be changed(i.e. 8:00 a.m. —5:00 p.m.)for administrative conference. A Covered Employee who(s): Conduct prevents the completion of a required drug or alcohol test will be subject to disciplinary action up to and including termination of employment. Reports to work within four hours of consuming alcohol will be subject to disciplinary action up to and including termination of employment. Consumes alcohol four hours prior to performing a safety-sensitive function will be subject to disciplinary action up to and including termination of employment. Manufactures, uses, sells, purchases, or is in possession of alcohol or any controlled substance on Town time and/or Town property, or during breaks and/or lunch breaks, will be subject to disciplinary action up to and including termination of employment. Reports for duty, or reports for duty after being called out, or remains on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.02 or greater will be subject to disciplinary action up to and including termination of employment. Consumes alcohol while on standby will be subject to disciplinary action up to and including termination of employment. Consumes alcohol while on-call is subject to disciplinary action up to and including termination of employment. Consumes alcohol while on-call and does not notify management of alcohol consumption when contacted by management for call-out and reports for duty, is subject to disciplinary action up to and including termination of employment. In addition,the employee will be required to submit to an alcohol test if the covered employee acknowledged the use of alcohol, but claims the ability to perform his or her safety-sensitive function. Consumes alcohol off-duty, is called out for work, does not immediately notify management of the alcohol consumption when contacted by management for call-out, and reports to work is subject to disciplinary action up to and including termination of employment. 6 Reports for dutyor remains on dutyrequiring the performance of safety-sensitive functions when the employee controlled substance, except when the substance is obtained legally under the uses any instructions of a licensed medical practitioner, will be subject to disciplinary action up to and including termination of employment. Fails to p report to supervision the use of prescribed medication that may adversely affect their p abilityperformsafety-sensitive functions, will be subject to disciplinary action up to and to saftJ' including termination of employment. Fails to report to the designated testing facility immediately upon notification to submit to a post- accident, random, reasonable suspicion, return-to-duty, or follow-up alcohol or controlled substances test, will be considered a positive test result and subject to disciplinary action up to and including termination of employment. Fails top rovide sufficient quantities of breath or urine to be tested without medical explanation is subject to disciplinary action up to and including termination of employment. Fails to remain readily available for testing after an accident, is deemed to have refused to submit to testing and is subject to disciplinary action up to and including termination of employment. Refuses to submit to a post-accident, random, reasonable suspicion, return-to-duty, or follow up alcohol and/or drug test, will be removed from their safety-sensitive position, considered to have had apositive test result, and subject to disciplinary action up to and including termination of employment. This includes verbal or written refusal to take the test. Refuses to sign the USDOT Drug Testing Custody and Control Form or Step #2 on the USDOT Alcohol Breath Testing Form, will be subject to disciplinary action up to and including termination of employment. Attempts to interfere, alter, substitute, adulterate, contaminate, or in any way affect the outcome of the alcohol or drug-testing procedure will be terminated from Town employment. This includes verified adulterated or substituted test results. Testsp ositive for any of the drugs tested for in cases where uses of a specific drug or drugs is suspected, will be subject to disciplinary action up to and including termination of employment. Uses illegal drugs or tests at 0.02 percent or greater for alcohol, will be removed from their safety- sensitiveP osition and subject to disciplinary action up to and including termination of employment. Tests positive for alcohol and/or drugs while in their probationary employment period, or after theirp robationary employment period, will be terminated. The employee will be informed of the availability of the services of a Substance Abuse Professional (SAP). 7 A Supervisor Who: Has actual knowledge or reasonable suspicion that a covered employee has an alcohol concentration of 0.02 percent or greater and permits the employee to continue performing safety-sensitive functions, will be subject to disciplinary action up to and including termination of employment. Has actual knowledge or reasonable suspicion that a covered employee is using alcohol while performing safety-sensitive functions and permits the employee to perform or continue to perform these functions, will be subject to disciplinary action up to and including termination of employment. Permits a covered employee who refuses to submit to post-accident, random, reasonable suspicion, return-to-duty, or follow-up alcohol or controlled substance testing, to perform or continue to perform safety-sensitive functions, will be subject to disciplinary actions up to and including termination of employment. Has actual knowledge or reasonable suspicion that a covered employee has used a controlled substance and permits the employee to perform or continue to perform a safety-sensitive function, will be subject to disciplinary action up to and including termination of employment. Has actual knowledge or reasonable suspicion that a covered employee has tested positive for controlled substances, permit the employee to perform or continue to perform safety-sensitive functions, will be subject to disciplinary action up to and including termination of employment. Has actual knowledge or reasonable suspicion of any of the situations listed above and does not report such information to management immediately, will be subject to disciplinary action up to and including termination o.f'employment. PRE-EMPLOYMENT DRUG TESTING The Pre-Employment Testing Program consists of testing for controlled substances only. The Federal Register of May 10, 1995 suspended pre-employment testing for alcohol abuse/misuse. PRE-EMPLOYMENT DRUG TESTING—EXTERNAL APPLICANT Pre-Employment Drug Testing is applicable when an external applicant applies for a permanent or temporary position with the Town, and is subject to this policy.After a conditional offer is made, the applicant will be tested for controlled substances. Applicants will not be allowed substitute testing done through their own medical facilities and/or laboratories. The Town cannot hire an applicant to perform safety-sensitive function unless the applicant has taken a drug test with a verified negative result that has been submitted to under this program. The applicant cannot start work(includes performing any safety-sensitive functions)until a verified negative drug test result 8 has been received by the Town. If the test is cancelled, the employee must retake and pass the drug test before being hired. Pre--employment External Town applicants for safety-sensitive positions will be responsible for their p yment pp own time, transportation, and any associated travel expense, to complete the pre-employment test. Thea applicant shall appear at the Town's designated testing facility at the appointed time/place to pp pp complete the test. A split urine specimen will be collected. The Town will pay for the cost of the p p p drug test. Collection shall be unobserved, unless the testing facility determines that cause exists for d g . conductingan observed specimen, or any other requirement for an observed specimen exists. (See p Collection Process). Pre-Employment Test Notification will occur after obtaining a release form signed by the Drug applicant, authorizing any previous employer testing programs to share driver qualification pp information. Upon written consent from the applicant, the Town's Human Resources Department must obtain from the applicant's previous employers, any information concerning the applicant's participation in a safety-sensitive alcohol and drug-testing program. The Town's Human Resources Department must obtain and review the information listed below from any employer for whom the applicant was subject to safety-sensitive/CDL requirements within thep ast two years. The information obtained must include whether the applicant: Hasartici ated in a drug and alcohol testing program required by the DOT in the last two years. p p Had an alcohol test with a concentration of 0.04 percent or greater in the last two years. This includesros ective employees if they have failed or refused a DOT drug or alcohol pre- employment re- p p em to ment test within the past two years from an employer who did not hire the employee. p Y Testedp ositive for a controlled substance test in the last two years. This includes prospective employees if they have failed or refused a DOT drug or alcohol pre-employment test within the past two years from an employer who did not hire the employee. Refused a required test in the last two years. The Town's Human Resources Department must provide to each of the applicant's previous employers a written authorization from the applicant for release of the required information. The release of this information may take the form of personal interviews, letters, or any other method that ensures confidentiality. If the Human Resources Department is not given written authorization, the Town cannot hire the applicant. The Human Resources Department shall maintain a written, confidential record with respect to each past employer contacted. If for any reason the pre-employment drug test is deemed rejected by the laboratory and/or the Medical Review Officer(MRO), another test will be obtained in order to obtain a negative result. 9 PRE-EMPLOYMENT DRUG TESTING PRE-EMPLOYMENT DRUG TESTING—CURRENT TOWN APPLICANTS (CURRENT TOWN EMPLOYEE) A current employee who seeks promotion or transfer to a permanent or temporary safety-sensitive position, will, after a conditional offer is made, be tested for controlled substances. The employee will be informed in writing of the testing requirements. The employee shall appear at the Town's designated testing facility at the appropriate time/place to complete the test. A split specimen will be collected. The Town will pay for the cost of the drug test. Collection shall be unobserved, unless the testing facility determines that cause exists for conducting an observed specimen. (See Collections Process). If for any reason the applicant's or employee's drug test is cancelled, the individual will be required to take another pre-employment drug test. Employees will not be allowed to substitute testing done through their own medical facilities and/or laboratories. The employee will not be able to start work in this position or perform safety-sensitive function until the Town has received a verified negative drug test result. When a safety-sensitive employee returns to safety-sensitive duties that has been off more than 90 days and has not remained in the random pool, the safety-sensitive employee must pass a Pre- Employment test before resuming duties. The employee will not be allowed to return to work until the Town has received a negative drug test result. Employees shall be removed from the random pool whenever their leave of absence is in excess of 60 days. If for any reason the pre-employment drug test is deemed rejected by the laboratory and/or the MRO another test will be obtained in order to obtain a negative result. Additionally, if otherwise qualified, an individual with permanent or long term disabilities that directly render them unable to provide an adequate urine specimen will be able to perform safety- sensitive duties despite their inability to provide urine during a pre-employment test. The MRO will determine long term inability to provide urine by medical examination and consulting with the employee's physician. RANDOM ALCOHOL AND/OR DRUG TESTING Random Alcohol testing will be conducted before, during, or after the performance of safety- sensitive duties of covered employees. Random drug testing will be conducted anytime the employee is on duty. The employee may be randomly selected for testing from a"pool" or consortium of FTA-mandated, safety-sensitive employees. Selection will be made through a computerized, scientifically valid, mathematical process used to select individuals for testing. A percentage of names selected for controlled substance testing will also be tested for alcohol in accordance with FTA Alcohol&Drug Testing Regulations. Names selected will be placed back into the"random pool" each time and the individual will again be subject to selection and testing. All covered employees in the random pool have an equal chance of selection each time a new random list is generated. Covered employees should reasonably expect to be contacted for a random drug/alcohol test on any day/time during the Transit Services Division's hours of operation. 10 Random testing is: Scientifically valid. Continuous throughout the calendar year. Reasonably spread throughout the month/year. Unannounced and immediate. Conducted on and during all days and hours of operation. With by Managers h no discretion Mana as to who is selected for testing or notified to proceed for testing. Meets FTA testing goals for drugs and alcohol. The current mandated testing goals are: 50% of the number of covered employees for drug testing, and 10% of the number of covered employees for alcohol testing. Theseercenta es maybe changed and vary from year to year, in accordance with FTA regulations p g and notification. RANDOM ALCOHOL AND DRUG TESTING--Notification for Testing Upon selection of an employee to be tested for drugs and/or alcohol, the Human Resources Director, or designee, will contact the employee's supervisor and notify them ofthe selection. The supervisor will notify the employee that they must report immediately to the nearest Town p designated facilityfor testing. No advanced notification will be given to the employee. If the gwill be employee is performinga safety-sensitive function at the time of notification, the employee directed to ceasep erforming the safety-sensitive function and proceed to the Town's designated facility testing.for The employee may be allowed to use a Town vehicle or a supervisor will make for arran ements the employee to be taken for testing. Testing will be done on Town time and at g Town expense. The employee completes the time notified on the Town of Oro Valley, Federal Transit Administration, Transit Services Division Drug and Alcohol Testing Form and carries the form with them throughout the testing process. The employee, if released to return to their safety- sensitivep osition after random testing, will give the form to their supervisor, either immediately upon returning to their safety-sensitive duty, or at the end of the day (as directed by their supervisor). The employee shall only be randomly tested while the employee is performing safety-sensitive functions;just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. If notification cannot be accomplished during the employee's work shift; the supervisor may hold the notification for one additional work shift. If the employee has not returned to work by the second shift, the supervisor will notify Management, who 11 will return the name to the Human Resources Director, or designee, with an explanation for the inability to notify the employee. Again, upon notification, the employee will be required to report immediately to one of the Town's designated testing facilities. The confidentiality of the selection notice will be strictly controlled. When an employee fails to report to the collection site, or refuses to provide a urine specimen, the supervisor will determine the reason that the employee failed to report and notify Management immediately. A refusal to test shall be considered a positive test result and will result in discipline up to and including termination of employment. Listed below are behaviors that constitute a refusal to test as referenced in 49 CFR Part 40.191. • Verbal or written refusal to take the test • Refusal to sign the Step#2 on the US DOT Alcohol Breath Testing Form. • Inability to provide sufficient amounts of breath or urine to be tested without a valid medical explanation. (Please note this explanation must be in writing from a physician.) • Any conduct that prevents the completion of a required drug or alcohol test and/or failure to cooperate with any part of the testing process. • Tampering with or attempting to adulterate the specimen or collection procedure. • Failure to arrive at the collection site or in a timely manner. • Leaving the scene of an accident without a valid reason before the tests have been conducted (or failure to remain readily available following an accident). • Failure to remain at the testing site until the testing process is complete. • Failure to provide a urine sample. • Failure to provide a directly observed specimen when circumstances mandate it. • Failure to take a second test the employer or collector has directed the employee to take. • Failure to undergo a medical examination as determined or directed by the MRO. Or a verified adulterated or substituted test result is a refusal to test. A safety sensitive employee that engages in any of the above mentioned infractions will be subject to disciplinary action up to and including termination from employment. REASONABLE SUSPICION/CAUSE DRUG & ALCOHOL TESTING Reasonable Cause(also known as"Reasonable Suspicion" or"For Cause") Testing will be conducted when supervision has reasonable suspicion that a covered employee is under the influence of alcohol or drugs while on duty, or in possession, using or recently using, transferring, selling or purchasing alcohol or drugs during work hours including lunch or breaks, or while on Town property, or in a Town vehicle. A supervisor's determination that reasonable suspicion exists will be based on specific, contemporaneous, articulable, and observable observations that articulate and substantiate physical, behavioral and performance indicators of probable drug use or alcohol misuse by observing the 12 r speech, or odors of the covered employee. The required observations appearance, behavior, body p must be made by a supervisor who is trained in detecting the signs and symptoms of drug use or alcohol misuse. Reasonable Suspicion testingfor alcohol is based on observations made during,just preceding, or just after the period of the work daythat the covered employee is required to be in compliance with this policy. An employee ee will be directed to undergo reasonable suspicion testing for alcohol only while the employee is performing safetysafet -sensitive functions;just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. safety se A covered employee required to who is ired to provide urine specimen as a result of a"Reasonable Cause" q circumstance shall follow the collection site procedures outlined under "Specimen Collection Process," exceptemployee that the shall be escorted to the testing facility by a supervisor. A split specimen shall be collected. The Town will pay for the cost of the "Reasonable Cause" test. A coveredemployee em to ee will be required to submit to a controlled substance and alcohol test when "For Cau se"circumstances and reasonable suspicion are identified and documented as specified below: Documentation requirements When an employee having ee p to reasonable suspicion of another employee's controlled substance and/or alcohol use violation of policy this olic is not a supervisor, the employee shall immediately not fy a supervisor. Any supervisor having reasonable suspicion of an employee's controlled substance and/or alcohol use in violation of policy;this olic ; or any supervisor receiving notification from a subordinate employee of an emeeto 's violation of this policy, shall first ensure the safety of the clients, employee and p Y other employees removingthe employee from performing any safety-sensitive functions. The by supervisor will then contact another supervisor or manager to observe the behavior. If in agreement that the reasonable suspicion exists, the supervisor shall call the Human Resources Director, or designee, to order a "Reasonable Cause" test. If the two supervisors/managers disagree, the Human Resources Director, or designee, will decide whether to order testing. If I another supervisor is not available to confer, the supervisor shall call his/her supervisor/manager to discuss the observation and make a decision to test. The supervisor shall �noti the subject employee in person and ensure that he/she is transported by a supervisor/manager immediately, or as soon as practical, to the Town's designated collection site to be tested. The supervisor/manager will remain at the collection site and ensure the employee is transported to their home. The employee will be placed on administrative leave pending notification of the test result. A refusal to test shall be considered a positive test result and will result in disciplinary action up to and including termination of employment. The supervisor and anyother supervisor/manager involved will document their observations and p involvement in the situation to drug and alcohol test an employee for substance abuse. 13 POST ACCIDENT TESTING Post Accident/Safety Sensitive alcohol and drug testing will be conducted as soon as practical following an accident involving a safety sensitive employee operating an FTA vehicle. All decisions made to test will be based on the best information available at the time of the accident. (See Accident Testing Instructions—Appendix C - for further information). CONDUCTING TESTS AT FATAL ACCIDENTS: As soon as practical following the accident involving the loss of human life. Each surviving covered employee that was involved in the accident and who operated a vehicle at the time of the accident will be tested. Any other covered employee whose performance could have contributed to the accident will be tested. CONDUCTING TESTS AT NONFATAL ACCIDENTS: Each covered employee operating a vehicle at the time of the accident will be tested, unless the employee's performance can be completely discounted as a contributing factor of the accident. Any other covered employee whose performance could have contributed to the accident will be tested, unless,the employee's performance can be completely discounted as a contributing factor to the accident. An employee is required to remain readily available for testing. Unless transported for medical assistance or by Public Safety Personnel, the employee should remain at the scene, or to a location as directed by management. Failure to remain readily available will be deemed as refusing to submit to testing. This requirement shall not be construed as requiring delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. If a required alcohol test is not administered within two (2) hours following the accident,the supervisor shall prepare a record stating the reasons the test was not promptly administered. th: 14 If a required alcohol test is not administered within eight (8) hours following the accident, the supervisor shall cease attempts to administer the test and prepare the same record. If a required controlled substance test is not submitted within thirty-two(32)hours following the accident, the supervisor shall cease attempts to administer the test and prepare a record stating the reasons the test was not promptly administered. Any drug or alcohol test conducted by Federal, State, or Local Officials having independent authority for the test, shall be considered to meet the requirements for post accident testing, providing such tests conform to the applicable Federal, State, or local testing requirements, and test results are provided to the Town. If the above criteria are met, a supervisor must escort the employee to a Town designated facility for testing as soon as possible after the accident. Guidelines for testing timelines must be strictly adhered to. A split specimen will be collected. The Town will pay for the cost of the test. The employee will not be allowed to perform any further safety-sensitive functions pending notification of test results. Collection shall be unobserved, unless an observed specimen collection is determined to be appropriate by the testing facility, or as directed by the Human Resources Director, or designee after receiving directions to do so by the MRO, unless there was a previous positive test. The employee will be placed on Administrative Leave pending notification of the test result. A refusal to test shall be considered a positive test result and will result in disciplinary action up to and including dismissal. The supervisor will be responsible for providing the Human Resources Director with the following information: Type of test—Post Accident Triggering Event—including date,time, location Employee category Reason why, if testing was not done on a covered employee. Name, address and telephone number of testing site where employee was taken for testing. A refusal to test will be considered a positive test result and the employee is subject to disciplinary action up to and including dismissal. Anytime a safety sensitive employee has a positive drug or alcohol (0.02 or greater)test that employee will be immediately removed from safety sensitive duties and referred to an SAP, 15 irregardless of the disciplinary actions taken by the company. This also holds true for any safety sensitive employee who's conduct is considered a"refusal to test". RETURN TO DUTY TESTING Before a driver who has engaged in any conduct prohibited by this policy will be allowed to return to duty to perform a safety-sensitive function, he/she will be required to undergo return-to-duty alcohol and/or controlled substance tests, with results indicating an alcohol concentration of less than 0.02 and a verified negative for controlled substances use, respectively. The SAP must determine that the employee followed the recommendations of the SAP, including participation in any qualified rehabilitation or educational program and the employee must have a verified negative return to duty drug and/or alcohol test, when the SAP determines it is appropriate, prior to returning to safety sensitive duties FOLLOW UP TESTING Any employee determined by a substance abuse professional (SAP)to be in need of assistance in resolving problems associated with alcohol misuse and/or the use of controlled substances will be subject to additional, unannounced follow-up testing for alcohol and/or controlled substances as directed by the SAP. The testing must be a minimum of 6 unannounced drug and/or alcohol tests during the first 12 months. An employee is subject to follow up testing for up to 60 months. The SAP determines the frequency and duration of the follow-up testing. 16 Follow-up testing is done in addition to the random testing required of all safety sensitive employees. BLIND PERFORMANCE TESTING Blind Sample Specimen Testing will be conducted in accordance with FTA Alcohol&Drug Testing Procedures (49 CFR, Part 40)"Quality Assurance and Quality Control. COLLECTION PROCESS The collection of drug and/or alcohol specimens will be consistent with FTA Regulations, CFR 655, and 49 CFR Parts 40, as amended. Testing for drugs will be conducted by use of urinalysis. Testing for alcohol will utilize Evidential Breath Testing. (See Type of Testing Section for requirement to escort or send employee to collection site and whether single or split specimen collection is required.). The integrity and validity of the testing process will be maintained. The collection sites meet the requirements of 49 CFR Part 40. Collection site staff are trained to prepare the collection site, collect specimens, examine specimens for tampering or adulteration, observe collections, split the specimens, and properly label and preserve the chain of custody of specimens. Upon arrival at the collection site, the employee will sign in and provide photo identification. If the employee does not have his/her identification on his/her person, a supervisor must present himself/herself to the collection site to verify the identity of the employee. The Town's Human Resources Director, or designee, will also be notified especially in the absence of a supervisor to attest to the employee's identity. The employee is subject to discipline, up to and including termination of employment for,failure to have appropriate identification available. The employee will complete a"Consent to Test& Chain of Custody" control form provided by a member of the collection site staff. The integrity of the process is insured through, picture identification of the employee, Federal Drug Custody and Control Form with unique specimen identification number completed by a trained collection site person who insures that the Custody and Control Form is completed correctly and signed and certified by the donor, collection of Split Sample specimens that are sealed and initialed by the donor. 17 mayvoluntarilylist substances taken in the last 30 days which they believe might be Employees detected in the testing process. However, the employee is prohibited from putting medical information on the Chain-of-Custody Form. The information may only be written on the employees copyof the custodyand control form and this information is for the employee only. The Chain-of-Custodyportion of the form will be filled out after the employee's specimen is given T e to the collection site attendant ALCOHOL SAMPLE: An Evidential Breath Testing Device will be utilized by qualified and trained employee of the testing facility. The w employee ill be provided a sealed disposable mouthpiece to provide a sample breath. If the screening 0.02 002 p ercent or greater,the employee is asked to provide a second breath for a confirmation test. If the confirmation test is 0.02 percent or greater,the testing site will contact the Town of Oro Valley Human Resources Director or designee, to inform them that the employee has a verified positive test result for alcohol. If the employee is unable to provide sufficient breath because of a long-term, permanent disability, in a return-to-duty or follow-up test situation, the employee will be referred to a medical physician to evaluate their condition. An alcohol test has to be 0.04 or greater to be considered a positive test under FTA regulations. However, a verifiedp ositive alcohol test result of 0.02 percent or higher requires the employee to be removed from performing safety sensitive functions. The Human Resource Director or designee, will contact the employee's supervisor. The supervisor will make arrangements for the employee to be delivered to their home. The employee will be placed on administrative leave pending an administrative investigation and disposition of their employment status. DRUG SAMPLE: The employee will be provided with instructions explaining the process of specimen collection. The employee will be provided the appropriate specimen container and escorted back to the collection area by the collection site attendant. The employee will be required to remove all outer clothing jackets,such as coats, hats, etc. and leave such items as handbags, briefcases, or other such items carried into the building in a locked area. The employee can be asked to remove objects out of theirp ockets. Once reviewed by the collector, and determined that there is nothing present that can be used to adulterate a specimen, the employee can replace the objects back into their pockets. The employee will be instructed to rinse his/her hands with water only prior to providing the specimen. If the employee normally voids using self-catheterization(e.g., for medical purposes)the employee will ill be required to provide a specimen by catheterization. If the employee declines to do so, the test will be deemed a refusal to test. 18 Once a specimen has been collected, the specimen will be examined by the collection site person for indications oftampering. no problem tam erin If is noted, the specimen will be transferred by the collection site attendant to the split specimen containers and sealed in view of the employee. p The specimens will be kept in a locked storage facility and sent to the contracted laboratory in a container that adequately protects the specimens during shipping. implemented alternative testingim lemented into policy (i.e., testing on saliva), will be incorporated upon establishment of requirements and procedures by the Department of Health and Human Services (DIMS). Unobserved Collection: All specimens, unless otherwise specified, will be collected using the unobserved method. The employee will be escorted to a specially ecially prepared room and permitted to provide the specimen in private. If the collection site attendant develops any information that the test has been compromised, the attendant can mandate that an"observed collection" method be utilized. The Town of Oro Valley Human Resources Director, or designee will also be contacted. The Town of Oro Valley Human Resources Director, or designee can mandate an observed collection method be utilized. Both specimens will be sent to the laboratory for analysis. If a laboratory reports a test that is both negative and diluted, the employee will be contacted and p mandated to provide immediate unobserved recollection. Observed Collection: The followingcircumstances are exclusive grounds constituting a reason to believe that the may employee to eealter or substitute the specimen and therefore provide the determination to observe the collection. • The employee's urine sample is outside the normal temperature range (32 - 38 degrees C/90 - 100 degrees F). • The most recent urine specimen provided by the employee on a previous occasion was determined by the laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L. • The collection site attendant observes conduct clearly indicating an attempt to substitute or adulterate the sample (e.g., substitute urine in plain view, blue dye in specimen presented, etc.). • Thep revious collection was verified positive, adulterated, or substituted, but the test had to be cancelled because the split specimen was unavailable for testing. 19 • The employee has previously been determined to have used a controlled substance without medical authorization and the particular test was being conducted under a FTA agency regulation providingfor follow-up testing upon or after return to service. � • specimen was deemed invalid and there was no medical explanation provided. The previous p An observed collection will be administered by a same sex attendant. If a same sex attendant is not available, the collection site will contact the Town of Oro Valley Human Resources Director, or designee. The Human Resources Director, or designee, will contact the Transit Division and/or obtain a same sex gender person to observe the collection. If the first sample is out of temperature range and a second specimen is collected under direct observation, both specimens will be sent to the laboratory and tested. If the first sample is out of temperature range and the employee refuses to provide a second specimen under direct observation, the first specimen will be discarded and will be considered a refusal to test. Insufficient Urine Specimen and/or Shy Bladder: If the employee is unable to provide a minimum of 45 milliliters (approximately 1.5 oz.) of urine for sample, the specimen shall be discarded and the collection site attendant shall instruct the employee to drink not more than 40 ounces of fluid distributed reasonably for a period up to three (3) hours. A refusal by the employee to drink fluids will not be considered a refusal to test. The collection site staff shall contact the Human Resources Director, or designee, to inform them that the employee will be detained. The employee will again attempt to provide a sufficient urine specimen using a fresh collection container during or at the end of the three-hour period of time. If a sufficient urine specimen cannot be obtained after three(3) hours,the insufficient specimen shall be discarded and the urine collection process discontinued. The collection site attendant shall direct the employee to be evaluated by a physician at the testing facility to determine if in his/her reasonable judgment, that a medical condition has, or could have, precluded the employee from providing an adequate amount of urine. If the physician in his/her reasonable judgment is unable to make the determination, the employee's failure to provide an adequate amount of urine, shall be regarded as a refusal to take a test and therefore, considered a positive result. Once a specimen is given, the employee will remain in possession of the specimen until custody is transferred to the collection site attendant. 20 The specimen will be examined by the collection site person for indications of tampering. If no problem is noted,the specimen will be transferred by the collection site attendant to the split sample specimen containers and sealed in view of the employee. LABORATORY ANALYSIS The contracted DHHS certified lab meets FTA requirements and qualifications and are consistent with 49 CFR Part 40. The labs will also comply with DHHS guidelines concerning accessioning and processing specimens. All urine specimens will be analyzed for the following controlled substances(Drug Testing Panel): • Marijuana • Cocaine • Amphetamines • Opiates (including heroin) • Phencyclidine (PCP) In addition to testing specimens for drugs of abuse, laboratories will test specimens to determine if adulteration, dilution, or substitution has occurred(validity testing). Laboratories will conduct tests for specific gravity, creatinine concentration, nitrite concentration, and a host of other determinants of adulteration, substitution, and/or dilution. INITIAL AND CONFIRMATORY TESTS DRUG TESTS- A Town contracted drug-testing laboratory that is certified by DHHS shall perform the initial and confirmatory drug tests. The laboratory contracted, and the personnel employed by the laboratory, shall comply with all regulations pertaining to laboratory analysis procedures as outlined in the DOT Drug and Alcohol Testing Procedures(49 CFR, Part 40). The initial screen of urine specimen will be done with an immunoassay and confirmatory cut-off levels (thresholds) for the initial screen and the confirmatory test are in accordance with FTA Regulations. (See 49 CFR, Part 40). The laboratory will conduct a specimen validity test on the primary specimen to determine if it is consistent with human urine. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. If it is positive for one or more of the drugs, then a confirmation test is performed for each identified drug using state-of-the-art gas chromatography/mass spectrometry (GC/MS) 21 analysis. GC/MS confirmation ensures that over-the-counter medications or preparations are not reported as positive results. Thep primary specimen s ecimen will be considered to be adulterated if a substance that is not expected to be present in human urine is identified in the specimen, and/or a substance that is expected to be present in human urine is identified as a concentration so high that it is not consistent with human 'n and/or the physical characteristics of the specimen are outside the normal expected range for urine, p y human urine. The laboratory will apply the criteria in current DRIBrequirements, or specimen validity guidance in accordance with 49 CFR, Part 40. ALCOHOL TESTS- Alcohol screeningshall use Evidential Breath Testing (EBT) devices approved by the National . Highway Traffic SafetyAdministration(NHTSA). Two breath tests are required to determine if a g Y person a prohibited rohibited alcohol concentration. A result of less than 0.02 percent alcohol concentration is considered a"negative" test. If the alcohol concentration is 0.02 percent or greater, a second or confirmation test must be conducted. LABORATORY REPORTING PROCEDURES DRUGS- Samples that are screened "None Detected" contain either no drugs, or drugs below the cutoff detection level for that drug. Following positive, adulterated, substituted, or invalid test results from the initial immunoassay test and aositive/supportive screen from the GC/MS test, samples are place in a locked forensic p freezer at the testing laboratory and maintained for one year. Within the one year period, the MRO, employee, the Town, or a DOT agency may request in writing that the laboratory retain the specimen for an additional period of time, (e.g., for the purpose of preserving evidence for litigation or a safety investigation).ation). If an extension is not requested, the laboratory may discard the specimen at the end of the yearperiod. If the split is not tested, than the split is retained for the same period of time as the primary specimen and under the same storage conditions. If the split is tested,the laboratory testing the split will meet the same requirements for storage. All records supporting test results will be kept by the lab for two (2)years unless an extension is requested. If there is no extension, the lab will discard the records after the two year period has elapsed. ALCOHOL- The employee and the individual conducting that breath test(a certified Breath Alcohol Technician or BAT) complete the alcohol testing form to ensure proper recording of the results. 22 The confirmation test, if required, must be conducted using an EBT that prints out the results, date and time, a sequential test number, and the name and serial number of the EBT to ensure the reliability of the results. The EBT must be capable of producing 3 copies of the test result. Test results of less than 0.02 percent shall be reported as negative. REPORTING OF TEST RESULTS Test results for alcohol are immediately known at the time of testing. The Human Resource Director, or designee, will be immediately contacted by the contracted testing facility as soon as a confirmed positive alcohol test result has occurred. A copy of the alcohol test results, both initial and if necessary, confirmatory, will be given to the employee at the conclusion of the test. The Town utilizes the services of contracted, DHHS certified laboratories to provide urine analysis services. A urine specimen of a covered employee will be sent from the contracted testing facility to the contracted DHHS certified laboratory for analysis. A confirmatory GC/MS test will be conducted on all positive test specimens. The laboratory shall report all drug test results to the Town —contracted MRO within the same day or business day after review by the certifying scientist is complete. Electronic transfer is acceptable. The laboratory shall report as negative, all drug specimens (referred to as samples)which are negative on the initial test or negative on the confirmatory test. Only samples confirmed positive after the GC/MS test will be reported positive for a specific drug. Positive drug test results will be reviewed by the Town's-contracted MRO. After investigating the positive test(See MRO), the MRO will inform the employee of the 72-hour split specimen testing opportunity, if applicable. The employee will not be allowed to request a reanalysis of the primary specimen and any retest will be at the employee's expense. The MRO will notify the Town of Oro Valley Human Resource Director, or designee, of the test. The Human Resources Director, or designee, will then contact the supervisor/manager to initiate the process of contacting the employee and removing them from their safety-sensitive position. The administrative process followed by the Town will not be held in abeyance or slowed while waiting for the results of the split specimen, if applicable. Alcohol test results will be forwarded to the Human Resources Director, or designee, along with the drug test results. An applicable split specimen test, if requested by the employee, will be sent to a different contracted DHHS laboratory for analysis. The MRO will be contacted by the laboratory with the 23 results of the split specimen test. If for any reason a split specimen is not available for testing, a recollection will be conducted under direct observation following a verified positive, adulterated, or substituted test. The original test will be cancelled. If a specimen is reported as negative and diluted, it will be cancelled and the covered employee will be subject to unobserved recollection. If a specimen is reported as positive and diluted, it will be considered a verified positive test. If a test is reported as rejected, no recollection will be required, unless it is a pre-employment drug test. The contracted laboratories are required to maintain employee test records in confidence. Laboratories will disclose information to the: • Covered employee of a positive, adulterated, substituted test result. • Human Resources Director, or designee. • Decision-maker in a lawsuit, grievance, or other proceeding initiated on behalf of the employee. MEDICAL REVIEW OFFICER (MRO) The Town has obtained the contracted services of a MRO. The MRO is a licensed physician (or DO with knowledge of drug abuse disorders) responsible for reviewing all drug testing laboratory results. The MRO complies with all FTA medical requirements and qualifications, and all processes are consistent with 49 CFR, Part 40. The Town of Oro Valley contracted Medical Review Officer(MRO) shall review all positive, adulterated, invalid, or substituted drug testing laboratory results. The MRO will review a minimum of 5%of the negative test results each quarter to ensure its accuracy. It is the role of the MRO to protect the integrity of the testing process in reviewing, interpreting and verifying test results. The MRO may request the laboratory to analyze 24 again to verifythe accuracyof the reported test result. The results of all the original specimeng drugtests are specifically reviewed to ensure accuracy, completeness and positive or suspicious p Y confidentiality. reports Whenthe laboratoryre orts a positive or suspicious test result, the MRO will conduct an investigation that includes: • Contactingthe employee directly, on a confidential basis, to determine whether the employee wishes to discuss the test result. The employee has the opportunity to present medical explanation l for the result, including legally prescribed medication. The employee must demonstrate a link between the alleged reason and the ability to physiologically � produce the lab result obtained. As regulated by the DOT,the MRO will not accept medical drugs explanations for ds that have been determined not to have a legitimate medical p g explanation. • Obtaining statements from the employee concerning any legal drug usage that could have resulted in a positive test result. If the MRO is unsuccessful in contacting the employee, after making three (3) reasonable attempts during a 24-hour period and documenting them, the MRO shall contact the Human Resource Director, or designee, and ask for assistance in contacting the employee (unless phone number(s) are"bad", the MRO need not wait 24-hours to contact the Human Resource Director, or designee. The Human Resources Director, or designee, will notify the employee's supervisor who will confidentially ensure the employee immediately contacts the MRO. If the employee does not contact the MRO, within 48 hours, the MRO will contact the Human Resources Director, or designee, and report a Laboratory Positive. If the MRO determines that theositive test is the result of a medical condition, the MRO will p reportnegative the test result as a test result to the Human Resources Director, or designee. If use of a substance, even though not a violation of DOT agency drug and alcohol rules, creates safety or fitness-for-duty problems, the MRO has a mandate to report this information to the Human Resources Director, or designee. If the MRO determined that the positive test is not the result of a medical condition and is the result of substance use, the MRO will inform the employee that the Town will be notified that the test result isp ositive. The MRO will also inform that employee, if applicable, that he/she has 72 hours to request of the MRO that his/her split specimen be tested. After informing employee that of this right, the MRO will report the positive test result to the Human Resources Director, or designee. The Human Resources Director, or designee, will not receive theq uantitative results from the MRO. If the employee requests the split specimen to be tested, the MRO will direct the laboratory to ship the specimen to another DHHS certified laboratory for analysis. The employee must be removed from their safety-sensitive duties as soon as the Human Resources Director, or designee is notified of a positive, adulterated, or substituted test result by the MRO. This action still applies if the employee requests their split specimen be tested. 25 The Town of Oro Valley's contracted MRO shall forward all verified test results to the Human Resources Director, or designee, within two (2) business days of receipt from the laboratory. All verified positive test results shall be forwarded as soon as possible after contacting the employee. SPLIT SPECIMEN TESTING The Town of Oro Valley uses the split specimen sample method of collection for drug testing. Upon confirmation of a positive test,the MRO shall notify the employee that they have 72 hours in which to request a test of the split specimen. The Town will pay for the split to be tested. If the employee requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing, the laboratory to provide the split specimen to another DHHS certified laboratory for analysis. The Town will not stop any administrative processes pending the results of the split specimen. For example, if this positive test result was the employee's first positive drug and/or alcohol test result(s),the Town would proceed with processing any applicable disciplinary action required. 26 If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s), found in the primary specimen, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the FTA, the Human Resources Director, or designee, and the employee. If the analysis of the split specimen is reconfirmed by the second laboratory for the presence of the drug(s) or drug metabolite(s), the MRO shall notify the Human Resources Director, or designee, and the employee of the results of the test. SUBSTANCE ABUSE PROFESSIONAL (SAP) For purposes of this policy, a substance abuse professional (SAP) is defined as a licensed physician (Doctor of Medicine (M.D). or Doctor of Osteopathy (D.O.)), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor(certified by NAADAC -National Association of Alcoholism and Drug Abuse Counselors Certification Commission or International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC))who has knowledge of, and clinical experience, in the diagnosis and treatment of drug and alcohol-related disorders. The SAP's role is to evaluate the employee's need for assistance in resolving problems related to alcohol or drug abuse, determine if the employee has complied with any recommended treatment or rehabilitation, and to determine a program of follow-up testing as appropriate. The SAP will follow the procedures as set forth in 49 CFR Part 40. Any employee who engages in conduct prohibited by this policy will be provided with 27 information about the resources available for evaluating and resolving problems associated with the misuse of alcohol or prohibited drug use, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. TEST RESULTS AND RECORDS Records pertaining to alcohol misuse and controlled substances use prevention programs shall be maintained in a secure location with controlled access by the Human Resources Director, or designee. Except as required by law, expressly authorized, or required in FTA Regulations (FTA 49 CFR Part 655, &Part 40), covered employee's testing records and results will be released only to those authorized by the FTA rules to receive such information. Authorized release includes: • The employee, if they request it in writing. Upon written request, employees may request any records pertaining to the covered employee's use of alcohol and/or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests. The written request will be submitted to the Human Resources Director, or designee. 28 • FTA, DOT, Or NTSB when investigating an accident. • Decision-maker in a lawsuit, grievance, or other proceeding initiated on behalf of the employee. The request is processed through the Town of Oro Valley's Legal Department. • Subsequent employers, if requested in writing by the employer. • Other identified means, if requested in writing by the employee TRAINING The Town willp rovide employees subject to this policy with education materials explaining the requirements of the FTA drug and alcohol regulations and the Town policies and procedures for meeting them. In addition, employees will be provided with information concerning the effects of druguse and alcohol misuse on an individual's health, work, and personal life; signs and symptoms of an alcohol or drug problem (the employee's or a co-worker's); and available methods of intervening when an alcohol or drug problem (the employee's or a co-worker's) is suspected, including confrontation, referral to an employee assistance program and/or referral to management. This information will include the following: • Display and distribution of informational material 29 • Display and distribution of a community service hotline telephone number for employee assistance. • Contact information for the Town Employee Assistance Program (EAP). Covered employees will receive at least 60 minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and the signs and symptoms which may indicate prohibited drug use prior to performing safety sensitive duties. Copies of the above materials and this policy will be distributed to each covered employee prior to the start of alcohol and drug testing required herein and to each employee subsequently hired or transferred into a position requiring the performance of a safety-sensitive function covered by this policy. Each employee who receives a copy of these materials will be required to sign a statement certifying that he or she has received a copy of the same. The Town of will retain the original of the signed certificate and will provide a copy to the employee, if requested. Appendix H. The Town of Oro Valley will also provide written notice to representatives of employee organizations as to the availability of this information, if applicable. Any questions about the requirements of this policy should be directed to the program contact • individual listed in Appendix E. SUPERVISOR TRAINING: Any individual designated to determine whether reasonable suspicion exists to require a covered employee to undergo a drug or alcohol test under this policy will be required to receive at least 60 minutes of training on alcohol misuse and 60 minutes of training on drug use. This training will cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and prohibited drug use. DRUG-FREE WORKPLACE PROGRAMS ADMINISTRATION All Town alcohol misuse and controlled substances use programs records shall be maintained in a secure location with controlled access by the Human Resources Director, or designee, in accordance with FTA 49 CFR 655.71 & 655.73. The Alcohol & Drug Testing Administrator, or designee, shall prepare and maintain an annual calendar summary of the results of its alcohol and drug testing programs. The annual summary shall be completed in accordance with DOT Regulations (FTA 49 CFR Part 655.71, and Part 655.72)by March 15t'' of each year, covering the previous calendar year and shall be submitted to the City of Tucson. The Town shall submit to the City of Tucson each record of post-accident alcohol test that is not completed within eight hours by March 15th of each year. 30 AUTHORIZATION FOR THE RELEASE OF INFORMATION Prior Employer: Driver: Address: Date of Birth: Soc. Sec. No.: In accordance with 49 CFR Part 40,you are hereby authorized and requested to release to (Employer)at (Address)any and all information in your possession concerning my participation in a drug and alcohol testing program under 49 CFR Part 40. I specifically authorized you to release information on any alcohol tests with concentration results of 0.04 or greater,positive controlled substance test results and/or refusals to be tested within two years preceding the date of this request. This authorization also permits the disclosure of any drug or alcohol test results and/or refusal to be tested under 49 CFR Part 655 including records of any of the above information that have been received by the employer from any other sources, including records from other employers. 31 b. One or more motor vehicles incur disabling damage' as a result of the accident,requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. pe Unless otherwise specified by the Town,post-accident drug and alcohol tests will be required for onlyboardingor alighting from a stationary motor vehicle or the loading or unloading of cargo. occurrences involving Unless the covered employee can be completely eliminated as a contributing factor to the incident then there is no need eq to test.Tests will also not be required for accidents involving the operations of passenger vehicles,unless,the vehicle is transporting passenger for hire or hazardous materials of a type and quantity required to be marked or placarded in accordance with 49 CFR 177.823. q In order to ensure that the above requirements are met,in the event of any accident,all drivers are required to take the following actions: These procedures do not require a driver to delay any necessary medical attention for injured people following an accident or to remain at the scene of an accident when his/her absence is necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. DRIVERS ARE STRICTLY PROHIBITED FROM USING ALCOHOL FOR EIGHT HOURS FOLLOWING AN ACCIDENT,OR UNTIL THE POST-ACCIDENT TESTING REQUIREMENTS ARE CARRIED OUT, WHICHEVER OCCURS FIRST. FAILURE OR REFUSAL TO FOLLOW THESE INSTRUCTIONS,INCLUDING THE USE OF ALCOHOL Q PRIOR TO THE REQUIRED POST-ACCIDENT ALCOHOL TEST,WILL BE CONSIDERED A REFUSAL TO SUBMIT TO A TEST AND RESULT IN DISCIPLINE UP TO AND INCLUDING DISCHARGE. SUPERVISOR'S REPORT OF REASONABLE SUSPICION Employee: Date: Location: Time: OBSERVATIONS Breath(Odor of Alcoholic Beverage): ( )Strong ( )Faint ( )Moderate ( )None 1 "Disablingdamage"means damage which precludes departure of a motor vehicle from the scene g g of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so drive. "Disabling damage"does not include: 1. Damage which cantemporarily be remedied tem oraril at the scene of the accident without special tools or parts 2. Tire disablement without other damage even if no spare tire is available. 3. Headlight or taillight damage. 4. Damageto turn signals, horn, or windshield wipers which make them inoperative. APPENDIX C 34 Eyes ( )Bloodshot ( )Glassy ( )Normal ( )Watery ( )Clear( )Heavy Eyelids ( )Fixed Pupils ( )Dilated Pupils ( )Normal Confused ( )Stuttered ( )Thick-Tongued ( )Accent ( )Mumbled Speech ( ) )Fair ( )Slurred ( )Mush Mouthed )Good ( )Not ( Understandable Attitude( Excited ( )Combative ( )Hilarious ( )Indifferent ( )Talkative ) Sleepy ( )Cooperative ( )Insulting ( )Care-Free ( )Cocky ( ) ( )Profane ( )Polite ( )Other Unusual Hiccoughing ( )Belching ( )Vomiting ( )Fighting ( )Crying Action ( )Laughing ( )Other Balance( )Needs Support ( )Falling ( )Wobbling ( )Swaying ( )Other Walking( )Falling ( )Staggering ( )Stumbling ( )Swaying ( )Other Turning ( )Falling ( )Staggering ( )Stumbling ( )Swaying ( )Hesitant ( )Other Indicate any other unusual actions,statements or observations: Signs of complaints of illness or injury: Safety-sensitive function: ( )Yes ( )No. Describe: SUPERVISOR'S OPINION Apparent effects of alcohol/drug use: ( )None ( )Slight ( )Obvious ( )Extreme Additional Comments: Supervisor: Witnesses: Signature: (optional) Date: Time: APPENDIX D TOWN DESIGNATED SERVICE PROVIDERS FOR DRUG AND ALCOHOL TESTING CONDUCTED UNDER THE TERMS OF THIS POLICY 1. Town Drug and Alcohol Testing Program Contact For all uestionsconcerningthe Town's policy or implementation of the Town's drug and alcohol q testing program, employees should contact the individual(s) named below: 35 DEPARTMENT OF TRANSPORTATION URINE SPECIMEN COLLECTION PROCEDURES For a detailed review of the collection policies please refer to 49 CFR Part 40. APPENDIX G NOTES 1 Co TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 8, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: José Rodriguez, P.E., Engineering Division Manager SUBJECT: Resolution (R) 04- 88 , Award of contract for Project Nos. OV 30 99/00 20 and OV 30 00/01 08 to RS Engineering, Inc for Professional Engineering Services for Post Design for the Pusch View Lane Extension and First Avenue Bridge Projects. SUMMARY: This project involves the Professional Engineering Services for the post design of the Pusch View Lane Extension and First Avenue Bridge projects. The consultant will provide shop drawing review, address requests for additional information, site visits, and structural engineering. These services will be provided on a time and materials basis as needed, not to exceed $61,163.00. Attached is a detailed scope of work from RS Engineering. dated August 10, 2004. ATTACHMENTS: 1. Resolution (R) 04- 88 2. RS Engineering proposal dated August 10, 2004. FISCAL IMPACT: The funding for this project will be from project cost. RECOMMENDATIONS: Public Works Staff recommends the awarding of this contract to RS Engineering, Inc.. through the adoption of the attached resolution. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 0488 authorizing the Mayor to accept the proposal pp and award a contract for Professional Engineering Services to RS Engineering, Inc.for post design for the Pusch View Lane Extension and First Avenue Bridge projects Or I move to deny Resolution (R) 04- 88 Or move to • y /"°// ,46s" odriguez PE, Engineering Div Mgr W. ' A. Jan n, P k•t Head ‘)V Chuck Sweet, Town Manager RESOLUTION NO. (R)04-88 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES TO RS ENGINEERING FOR POST DESIGN OF THE PUSCH VIEW LANE EXTENSION AND FIRST AVENUE BRIDGE PROJECTS. WHEREAS, the construction of roadway improvements within the Town's Right of Way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular and pedestrian traffic; and, WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with RS Engineering for Professional Engineering Services for Post Design of the Pusch View Lane Extension and First Avenue Bridge Projects; and, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: The Mayor is authorized to contract with RS Engineering for Professional Engineering Services for Post Design of the Pusch View Lane Extension and First Avenue Bridge Projects. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 8th day of September, 2004. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Date Mark Langlitz, Town Attorney Date • AdIMENLIII31 ENGINEERING August 10, 2004 Town of Oro Valley 11000 N. La Canada Drive Oro Valley,Arizona 85737 Attn: Jose Rodriguez, P.E. Re: Pusch View Lane Extension/First Avenue Bridge Post-Design Services Dear Jose: R S Engineering is pleased to submit this proposal for civil engineering services for the above- referenced project. These services will include: • Shop Drawing Review • Address Requests for Additional Information(RFI's) • Coordination and Meetings including Partnering Workshop • Site Visits(3 visits per week x 6 months) • Structural Engineering(Premier) The above services will be provided time and materials estimated fee at$61,163.00. Not included in this proposal are construction staking; landscape design and hardscape grading;materials testing; structural engineering; ADA compliance; geotechnical studies or testing; AZPDES permits;NPPO efforts; cultural and environmental studies; traffic studies;permit fees; review fees; survey fees; as-built drawings; and reproduction costs beyond our in-house needs. Should additional services be required that are not covered by this contract letter,prior to the form of a contract letter which will specify commencement of work,you will be notified inp Y the services to be performed. Thisro osal is valid for a period of 30 days from the date shown. You will be billed monthly or bi- monthly p and invoices are due and payable upon receipt. Invoices not paid within 30 days of the date rendered will be assessed a finance charge of one percent per month, or fraction thereof, for each month beyond 30 days past due. Invoices not paid within 60 days will result in R S Engineering stopping in work until such invoices rendered are paid in full. Invoices not paid within 90 days of the date rendered will be referred for collection. R S Engineering,Inc. 2445 N.Tucson Blvd.•Tucson,AZ 85716 •Tel:(520) 791-3933 • Fax:(520) 791-9405 • www.rsengineering.com Pusch View Extension/First Avenue Bridge—Post Design F-IVe August 10, 2004 fittAY' Page 2 Claims disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for arbitration shall be filed with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. If you are in agreement with the above,please sign below. The signed original of this letter agreement will be required prior to the commencement of any work on this project. Sincerely, R S ENGINEERING, INC. Kevin S. Perko, P.E. Vice President KP/nf ACCEPTED AND AGREED TO: Town of Oro Valley By: Printed Name: Title: Date: E:\6446\PropLetr\0604\1383 Pusch View 1st Ave Post Design\ltr-rodriguez--060804.doc v 0 0 N 0 00 O J 0 0 0 0 0 0 O O 0 0 O O O Q d L.6 Lr5 O c). cej 0 0 O o O O M �- 01 H 11- N- L.) CO O co ON Oo O O LO I N ti Qi co r- r- N r- i r; r- �"' In CD t C) InLc) 6R to 69 69 Ef) (O ER Eft Eft Eft ea 40 I EA Ef, 713' I O coC cc; o0 o O Off) CO U) U) CO 69ea ) O a• M Ea Et 0 69 TO C .V O N N c0O 0 U < - _1_ I i Ca O 00 OO LCD O O • 'a) Eft 'It N 00 =d' N NEft U Eft Eft 0 0 n' c LO 't ,r c0 �t CO � o o� o c`n cn C)0 = N N r- N CO CD r- r- co C a) Eft 6R Eft Eft Eft 66 W ta 4- 0 0 E • Cr) co am" .5 •C r- CK N N N N O O N O ~ o m z r- r- 6� r- LI.. - c 6H W Eft Eft es* ` L •77. - Ca _M COCO it 0 O 0 0 CO Eft O M } 4.w CL 2Eft Eft CD C c a) CO O) LU r, lf) Lo O co 0) r- r- r cY) C0 Eft In En_ u) •U L r- _ 6R O c 0 ea Eft CL -0 L CO 0a) o co O j > c p �' O I- >- `n °' U cn O V zT C.1 tn TD O N N ^ v F- to .-r � L G. F- C F- V 63 � N a) .- V O -5-< cn Q •� U c W °� ` a cn a W U 5 o •` ce V c,c (Lb" 06 0, CO , X p Q CO0 2 W >• > a� W o •- ^—I co W COo n a) a) o O a) -o a) O +, E o C) a I v Z I- 0 Ce � � — _aO ca. a) U2 O o Cl) co C (O Y C C J U LO Cn U) CO E -0 LL. N +� -J I_ a� 1:-- ti) a F- W ,ce,-,n 3 o I- 00 •§ ° cn W 0 E 64 .a o L o > > > 0 o a) = a' _O o < c� m o o E ' o '- c c F- Y a� L c E o ZLoo � a2 'El 1:5 o (000ox �' 0-0- Q nQcoo 0 c 2 O C o o 0 a) 2 a) a) O o- CZ OL 0 E a) - -0 L s 0) O� CL I- oo Y CO < O U) (.1) I- CL C CC X O O F- 2 J 2 U (I) U) L D W W a) C .a+ o LL CO •� 0 V 6 V U Ca Y r- N COd' LC) Q CO + U > a, a OL d. 1- U C 1 47 L 0 U) D a_ CO CO CO r- . • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 8, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: David Ruiz, Engineering Division Manager SUBJECT: RECLAIMED WATER SYSTEM, PHASE 1,Resolution No. (R) 04-_ 89 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving an inspection services contract with Westland Resources, Inc., for inspecting the new construction of the Reclaimed Water Pump Station and Reservoir shown on Plan No. OV24-04-01. SUMMARY: This project will include full construction inspection and certification services as required to meet the appropriate Department of Environmental Quality standards. Inspection services will include the inspection of all the civil, structural, electrical and control components of the project. Westland Resources is fully qualified to perform these services and is very familiar with the Oro Valley Water Utility standards. FISCAL IMPACT: Funds are identified in the 2003-2004 fiscal year budget. The contract was negotiated as a time and material contract and will not exceed $132,500.00. ATTACHMENTS: Exhibit 1 - Resolution No. (R) 04- 89 . Exhibit 2 - Contract Exhibit 3 - Sketch RECOMMENDATIONS: Staff recommends approval of Resolution No. (R) 04-89 . SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution (R) 04- 89 , a resolution of the Town of Oro Valley, Pima County, Arizona, Authorizing and Approving an inspection services contract with Westland Resources, Inc., for inspecting the new construction of the Reclaimed Water Pump Station and Reservoir. or I move to . UkA/fr Engineering Divi ' Ma ger #4,____ .I) . 7-- 0 W er UtiFI�4 irector ;i4v4 , i4 Town anager Nv.LEYAR 0 -� �Qz'u r F Q oe` UNDED EXHIBIT 1 Resolution RESOLUTION NO. (R) 04-89 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING AN INSPECTION SERVICES CONTRACT WITH WESTLAND RESOURCES, INC. FOR INSPECTING THE CONSTRUCTION OF THE RECLAIMED WATER PUMP STATION AND RESERVOIR. WHEREAS, the TOWN OF ORO VALLEY is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town submitted Request for Proposals to construct the Reclaimed Water Pump Station and Reservoir; and WHEREAS, we have negotiated with Westland Resources, Inc. the lowest cost for providing inspection services to inspect the construction of the Reclaimed Water Pump Station and Reservoir; and WHEREAS, it is in the best interest of the Town to enter into the agreement, attached hereto as Exhibit No.2 and incorporated herein by this reference (the "Contract") with Westland Resources, Inc. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract between the Town of Oro Valley, Arizona, and Westland Resources, Inc., is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 8TH Day of SEPTEMBER , 2004. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Mark Langlitz, Town Attorney P�LEY q,4� O �O 0 0 9� UNDED1 EXHIBIT 2 Contract „LE:if „cz, \\ ,„ • h:42411101"11°. 144:0 1.1?” UND 17. TOWN OF ORO VALLEY ORO VALLEY WATER UTILITY DEPARTMENT 11,000 N La Canada Drive ORO VALLEY, AZ 85737 (520) 229-5000 CONTRACT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES PROJECT TITLE: INSPECTION SERVICES FOR INSPECTING THE NEW CONSTRUCTION OF THE RECLAIMED WATER PUMP STATION AND RESERVOIR PROJECT NO.: OV24-02-04 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation(the "Town") and\Qjlanv ges4orca5 (the "Engineering Consultant"). WITNESSETH: WHEREAS, the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Code to execute contracts for Professional Services. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Engineering Consultant as follows: SECTION I—DESCRIPTION OF PROJECT This project: See Exhibit A attached. SECTION II—SCOPE OF SERVICES See attached scope of work from Westland Resources,Inc. dated June 9, 2004. 1 Eng Contract Prof Services OVWU 030703 4:00:00 SECTION III—PAYMENT SCHEDULE The negotiated fee process was utilized for this contract. For services described in Section II of this Agreement, the Town shall pay the Engineering fee as negotiated for One Hundred Thirty Two Thousand Five Hundred Dollars ($ 132,500.00). Payment shall be made monthly on the basis of progress reports. An Application and Certification for Payment Sheet must be provided. Engineering Consultant must provide a clear, detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project with backup support documentation. Work schedule updates will be included in the monthly progress payment reports. SECTION IV—PERIOD OF SERVICE Following receipt of a Notice to Proceed with the work, the Engineering Consultant shall complete all services described in Section II within 365 calendar days after Notice to Proceed is issued by the Town. In the event delays are experienced beyond the control of the Engineering Consultant, the completion date may be extended by mutual agreement between the Town and the Engineering Consultant. SECTION V—APPROVALS All work shall be subject to approval by the Oro Valley Water Utility Director or his designee. Engineering Consultant agrees to exercise the skill and care which would be exercised by professional engineers performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Engineering Consultant shall undertake at its own expense the corrective adjustments or modifications. SECTION VI—REPORTING Written monthly reports, together with updated work schedules, will be made by the Engineering Consultant in the format prescribed by the Town. These reports will be delivered to the Town no later than the fifth day of each month. When requested by the Town, the Engineering Consultant will attend Council meetings and provide finished documents including correspondence, supporting charts, graphs, drawings and colored slides for Council action. SECTION VII—LIABILITY See Attachment A SECTION VIII—AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is started, a Change Order(s) shall be executed by the Town and the Engineering Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Engineering Consultant may be adjusted accordingly by mutual agreement of the contracting parties. It is agreed that no claim for extra work by the Engineering Consultant will be allowed by the Town except as provided, nor shall the Engineering Consultant do any work not covered by this agreement unless the work is authorized through a Change Order. All additional work, when authorized by executed Change Order(s), shall be compensated for by a fee as mutually agreed upon by the Town and Contractor. The aggregate total of any Change Order(s) shall not exceed 20%of the original Agreement unless specifically authorized by the Town Council in writing. TIME IS OF THE ESSENCE for this Contract. When a contractor submits a request for a date extension for which work must be completed in a contract, a Contract Change Order should be initiated outlining the reason for applying for the extension and the drop dead date the work will be completed. The language "TIME IS OF THE ESSENCE" must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Contractor, it binds the contractor to complete the work by the extended date designated in the Contract Change Order. 2 Eng Contract Prof Services OVWU 030703 4:00:00 � a The Town can then file suit against the contractor if the work is not completed by the agreed upon date. If there is more than one extension agreed to, each extension should follow the same procedure. SECTION IX—TERMINATION The Town and the Engineering Consultant agree to the full performance of the covenants in this Agreement, except that the Town reserves the right, at its discretion, to terminate or abandon the service provided for in this Contract or terminate or abandon any portion of the project for which services have been performed by the Engineering Consultant as follows: A. In the event that the Town terminates or abandons the services or any part of the services provided, the Town shall notify the Engineering Consultant in writing and, immediately after receiving such notice, the Engineering Consultant shall discontinue advancing the work under this Contract and shall proceed to close operations. B. Upon termination or abandonment, the Engineering Consultant shall deliver to the Town all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the Town. C. The Engineering Consultant shall apprise the work he has completed and submit his appraisal to the Town for evaluation. D. The Engineering Consultant shall receive as compensation for services performed through the date of such termination or abandonment, a fee for the percentage of work actually completed. This fee shall be a percentage of the Engineering Consultant fee described in this Contract under Section III and shall be in the amount mutually agreed to between the Engineering Consultant and the Town. The Town shall make this final payment within sixty (60) days after the Engineering Consultant has delivered the last of the partially completed items. SECTION X—LIQUIDATED DAMAGES N/A SECTION XI—ARBITRATION OF DISPUTES Any dispute arising under this contract that is not settled by the Town and the Engineering Consultant may, upon mutual agreement of the parties,be decided by an Arbitration Board composed of a representative of the Town, a representative of the Engineering Consultant and a representative mutually acceptable to the Town and the Engineering Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Engineering Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Nothing herein shall be deemed to require arbitration except at the Town's discretion. SECTION XII—OWNERSHIP OF DOCUMENTS All documents including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Engineering Consultant shall furnish the Town, upon request, originals or copies of technical specifications and copies of all documents listed above. The Engineering Consultant shall endorse by his professional seal all plans and engineering data furnished by him. SECTION XIII—NO KICK-BACK CERTIFICATION The Engineering Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,percentage,brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Engineering Consultant firm. 3 Eng Contract Prof Services OVWU 030703 4:00:00 r For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XIV—CONFLICT OF INTEREST This Agreement is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a Contractor to any other party to the Agreement with respect to the subject matter of the Agreement. SECTION XV—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties. The Engineering Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Engineering Consultant in performing the assignment by testifying to the progress of the work as may be required. 1/4., 4 Eng Contract Prof Services OVWU 030703 4:00:00 • r IN WITNESS WHEREOF, the parties have hereunto subscribed their names this day of 20 TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: By: By: \e‘,crwV0..6 AVV\CIAilsval> Mayor Vice, President Date: Date: E5\ ATTEST: (If Corporation) ec -J ary ATTEST: WITNESS (If individual or Partnership) Town Clerk APPROVED AS TO FORM By: Town Attorney Date: State of Arizona ) ss. County of tf ma.) SUBSCRIBED AND SWORN before me this // day of r , 20 .)'1 by 1W2- 7-Mnv6 ,4, /.Øp/ )e.z , who is known to me or has satisfactorily iDeen identified as the President, and by 11-CLPk / . Taq for who is known to me o has satisfactorily been identified as the Secretary, both as duly authorized ag is to sign on behalf of tA161I to bind and obligate the Engineering Consultant. 67(k4-0r - Notary MyCommission Expires: /4-pi)// -, ECIAL SEAL iot4;;;Hift_..:.:/:;-:Ny0E-6-pc.rujoAlFmmRRFmyAAI AL. LANDEISPUBLI - C ARIZONA COUNTY. L..!'.L/. Apr. 8 2006 5 Eng Contract Prof Services OVWU 030703 4.00:00 ATTACHMENT A The Engineering Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The Engineering Consultant will provide satisfactory certificates on the required insurance coverage before beginning work. All policies will contain an endorsement providing that written notice be given to the Town at least thirty(30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five (5) workdays prior to expiration date. Each certificate shall include project description,project number and the signed acknowledgement of the insurance company. The Town of Oro Valley will be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract,it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, Engineering Consultant agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Engineering Consultant or of any subcontractor employed by the Engineering Consultant(including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Engineering Consultant for the work performed. Engineering Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively,against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Engineering Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile, and Excess Liability,the Engineering Consultant agrees to indemnify, defend and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively from all losses, claims, suits, actions,payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Engineering Consultant or any subcontractor employed by the Engineering Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Engineering Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. 6 Eng Contract Prof Services OVWU 030703 4:00:00 AUC-23-2004 MON 09:34 AM WESTLAND RESOURCES INC, FAX NO. 520 200 9518 P. 02/02 • Aug, 23. 2004— 9:38AM STUCKEY INSURANCE -- No. 6601---P, 1 ACORD, CERTIFICATE OFLIABIUTYINSURANCE DATz pii hum/MY) WE TL: 23/04 I pRooucia` THIS CERTIFICATE IS ISSUED A3 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I, StuckQy Ins Assoc Agencies HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE CO`I>:.RA3i AFFORb D MY ME POLICIES A!LOW. 1 P,O, Bax 7020 _—_.., Phoenix AZ 05011-7020 Phone: 602-264— 533 Fax:602-27 9,-gsn 6 INSURERS AFFORDING COVERAGE NAJC# 1x3vREd � -`' INsu���A. X3� 1�all�i Professional INSURER D: Wqqrr$$ Land RQ aur aR no INSUItER _.C: 234 E Bro P�1, 42 02 - ._.,�._„ �. Tuc bon AZ 8 71 INSURER Q, - - - INSURER E: COVERAGES THE POLICIES OP INSURANCE LISTED BELGW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ' ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE.MAY BE ISSUED OR MAY PERTAIN,THE INBURANCE AF OkDED DY THE POLICIES DEscRIDED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CQND1T1ONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. LTR N3RD TYPE OFINIURANCG POLICY NUMBER •TI7t,:L a' 1 I';++t ttMIT6 EACH OCCURRENCE S . 'UAY Wit TO FEN 140 ..."" COMMERCIAL GENERAL LIABILITY PRGMISGSSJE.,o eurar1Q) $ CLAIMS MADE C OCCUR MED E)(P(Any Dna pprSgn) Si . r• 1 PERSONAL&ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COI/OP A<M3 $ ' 7 POLICY f 'PEcY LOC AUTC341OBJLE LtAIUTY ,• COMOINED SINGLE LIMIT $ ANY AUTO (EIS w4G i.nt) . 1��� 1 rr� J 1 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Por poraon) t )-FIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Par acr,IIent) - PROPERTY DAMAGE t (Per#Gpcicnt) • *AttAIE'AmuTY AUTO ONLY•PA ACCIDENT $ ANY AtrrO ' FAA= $ OTHER THAN AUTO ONLY: : RW(Mft1UMMRILLA LUlbi1JTY ' EACH OCCURRENCE $ IOCCUR I 1 CLAIMS MADE Ar-GREGATE $ DEDUCTIBLE �. i RETENTION $ x WOPKYR3 COMPIIKIATION AND TORY LIMITS • ' E' EI~At�LOYGR3 LIABILITY - -'.-- ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT _ OFFICEFVMEMBER E)(CLUDEO? l=.L.DISEASE-EA LriApLt�Y !twig,dosaIbe under --,�....� ..- SPECIAL PROVISIONS be(awt,.,DISEASE-POLICY LIMIT 'A Prof Liab ,1ity DPR9400230 02/26/04 02/24/05 2000000 2000000 par 01I LI aggregat .-- "-Ii6144 OF OPERAT>ON6/LOCATIONr BLEs I ExciutitoN5 ADDED eY ENDORSEMENT 1 IPICLAL PROVLSIOtde - Professional Liability -- Claims Made - $50000 d®dyotible - Retro date . 2-26-97. 'Except 10 days for non-payment cf premium • CERTIFICATE HOLDER CANCELLAT1ON --i-,. OROVA-3 SHOULD ANY OF T1i8A80V;DEGORIQCD POLICIES BE CANCkLLJD WORN THE EIQIRATION DATA THEREOF,tHE 1830110 INWI I WILL£NOEAVOR TO MAJL 30* 'DAY$WRRTIN Oro Vaalley Water UE4,l i ty NOT1CI TO THE CEWTlFICATt HOLDER NAMED TO TIlE LOFT,2U FAILURE TO oo 80*NALL Robert Jaoklitch 11000 II LaCanad.a I)r IMPOSE NO on LIGATION OR LIABILITY OF ANY KIND UPON T'NB iNgUtttn,ITS AGENTS OR Oro Valley AZ 85737 •• . AUTHOR =REPRESENT ---*- ACORD 25(2001/08) '�� _ G(74 9 ACORD CORPORAT.... ......] : ION line 08/12/2004 10:04 5208852723 G FLANAGAN PAGE 02/04 CERTIFICATE OF INSURANCE T STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois El"s� = � It � Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, f~. 0 STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario Nt_R'A NC E 0 STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida STATE FARM LLOYDS, Dallas,Texas insures the following policyholder for the coverages Indicated below: Name of policyholder WESTLAND B .SOVRcS , INC, Address of policyholder 2343 Z )il2OADWAY BLVD, STE 202, TUCSON AZ 85719 Location of operations ______...---.--- Description of o orations E GINEERING I N t L CONsvLT_NG pt p CY The pollees listed below have been issued to the policyholder for the policy periods shown. The insurance described In these policies is subject to all the terms exclusions and conditions of those policies. The limits of liability shown may have been reduced by any paid , claims, LIMITS OF LIABI LITY - - POLICY PERIOD POLICY NUMBER TYPE OF INSURANCE Effective Date ' Expiration Date (at beginning of policy period) Comprehensive QODILY INJURY AND 93-85--6005-0 Business Liability _ _�- 1 E] Products 03/17/0 PROPERTY aAMAGE •�This insurance includes; Products-Completed__Operations (l Contractual Liability 0 Underground Hazard Coverage Each Occurrence $ 1,000,0013 El Personal Injury ®Advertising Injury General Aggregate $2,000,000 ❑ Explosion Hazard Coverage 0 Collapse Hazard Coverage Products--Completed $EXCLUDED Ig Hired Auto Operations Aggregate POUCY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date ; Eaton Date (Combined Single Limit) 93-84-0192-5Umbrella 10/26/03 10/26/04 Each Occurrence $2,000,000 � � e $2 000,000 ❑ Other Aggregate _ - Part I STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ .Disease Each Employee $ Disease r Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date D49 (at beginning of policy period) i THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mall such notice, OROno obligation or liability will be impaled on State 110 T E'ER U�ILIfiY F m or'': ).ants or representatives_ 110000 N N.. LA BIZ. ORO VALLT1,1X, AZ 85737 - I el, AT 'N_ ROB RT •7A.CKT., ,TCS igrature of Authored -:, entafve - 1\cF.N'T' F/ial 0 k Tie Date , Agent's code stamp CG. FLANAGAN 1450 568-994 a.3 041999 Printed in U.S.A, AFO COdlliCSON EAST F752 08/12/2004 10:04 5208852723 G FLANAGAN PAGE 03/04 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL. NOT BE CANCELED OR OTHERWISE TERMINATED•WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE. HOLDER NAMED BELOW. BUT IN NC EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. Phis certifies that: .STATE FARM MUTUAL AUTOMOBILE IN$URANCE COMPANY of Bloomington.IIlino* Oe =] STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force I or the following Named Insured as shown below: Named Insured WESTLAND RESOURCES INC, Address of Named Insured 2343 EBROADWAY BLVD, STE 202 TUCSON AZ 85719 6007 ��.8 • • • I of . : C . 03 015 8012 C26 03 039 0979 C26 03 PCY'r,uMBEF1 W20 0526 C26 03 009 9991 C26 03 028 4075 C26 03 040 9768 C26 03 6 '03 012 9791 C'_26 (L _._1111 Rl13 C'7 03 Dc., 4245 C26 03 EFFECTIVE DATE ' OF POUCY • - n n e- ' e. - u - • --2-4. —aa?tP. tr 21 (rr1n t i nucni 3 DESCRIPTION RET' R TO SPECIFIC PO,JICY VEHICLE CLE LIABILITY COVERAGE CD YES Q NO CD YES © NO • Q YES Q NO Q YES CD NO LIMITS OF UABIUTY L y iniury E1 -- Q. Property Donne _._'-_ - - ... Damage Single Unit Each .` 1 'if 0 n 0 PtlYsLDAktAizitE j YES © NO d'.."4"---inaYES Q NO YES EJ NO 4-"""tjeYES NO COVERAGES •. Corn $ Deductlbie S Deductible $ ___ Dedueti)IQ S Deducible YES El No I _� YFS © NO 0 YES ©NO J YES L] N0 Cc Sion S Ooductibi S Deductible ; Deducible $ Deducible EMPLOYEFI's NOON-OW R%MP Q YES a NO [D YES Q No YES El NO Q YES El NO WyERAGE /-M- .�..._. .� yam., , - ♦..n.�r,-- I�.,�•� HIRED CAR COVERAGE El YES CD NO YES El NO [J YES ED NO E] YES r7 No .CENT 1450-03 g_ ) -J O . sig Arlt41eof �MOff28d Representative � T1�9 Agent's Code Number �._ --� N- : . Address of Certificate Holder Name and Address of Agent r � f ORO VALLEY WATER UTILITY GERALD FLANAGAN 11000 N. LA CAA 'DA DR. 6590 E TANQUE VERDE ORO VALLEY AZ 8:. 737 TUCSON AZ 85715 ATTN: . • a. +f CERTIFICATE HOLDER COPY 08/12/2004 10:04 5208852723 G FLANAGAN PAGE 04/04 041 NC Poocy No. 93-B5-600S-0 r54124 (7/11e) ADDmONAL INSURED ENDORSEMENT .'"'�•• Owners Lessees or Contractors (Form B) policy No.: 93-135..6005-0 Nalnmd Insured: WBSTLAND RESOURCES INC Name of person or Organization: oRo VALLEY WATER trriLY7'�C 21000 U LACANAnA DR ORO VALLEY AZ 8573? WHO IS AN INSURED, under SECTION It DESIGNATION OF INSURED, the person or organization shown above but only Is amended to Include es an insured or for you. with respect t� liability arising out of your work for that Insured • • Printed in USA, AuU 6 2004 Certificate of Insurance SOUTHERN TEAM (520) 292-4000 08/12/04 workers'compensation insurance Name of Insured: WESTLAND RESOURCES INC 2343 E BROADWAY BLVD Certificate Mailed To: STE 202 TUCSON AZ 85719 6007 WESTLAND RESOURCES INC 2343 E BROADWAY BLVD Date Issued: 08/12/2004 STE 202 Certificate Number: p0176 TUCSON AZ 85719-6007 Policy Number: 285664 Origin Date: 02/27/1997 Expiration Date: 02/01/2005 12 :01 A.M. Liability (000 Omitted)l , 000/1 ,000/1 ,000 Description of Operations: PROOF OF INSURANCE CANCELLATION CLAUSE SHOULD THE ABOVE POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , THE FUND WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE FUND. This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed hereon. This is to certify a workers' compensation policy has been issued to the insured listed hereon and is in force for the period referenced. Certificate Issued To: ATTN ROBERT JACKLITCH ORO VALLEY WATER UT I LI TY Greg Hermie 11000 N LA CANADA DRIVE Authorized Representative ORO VALLEY AZ 85737 61-004 02/27/03 LEY'�R/ O 'O Oi(bQ- a ti UNDE)'V'S1 EXHIBIT 3 Sketch LJ N in o n V (D (D tD 1 O r« I N ca C N N NC I • r ' C A O=. `C O• Cr C 2 N � z 3 3 0 CD C) D r 7:1 §-L-- 7 ard(441r/ Sill nfillgrt\We'.1,,, A NIP"' / w ♦ RI ir i ♦11* *--,tip 03 ik./S ,73 WIG11111111 � ..,, ;,� 8 -17 ,--ill ,f_7:3 in-\all /..2. /rw NW f G ,/4 w Foe r'''‘4;1 ratt/ .. o !- o - 'co % p O . 0 'QD , .�� b IA ail*\ -cfe-;„7"--0.n ei,___77•_.:77q!,>--,...,-„-0,3„ w .-.. ' 'w`will • idD.' P '''' 1%* ai---&- p, '''- 06M. ,„ (vs c cag[6-1Cive . S— 0\.111mi ----CI--0V/*top wish'-,-...• 7)- ------..--,,sp 3 0 \,,i,s, 'fillaVja.\ \04)c_ \rip$‘7,----7..a70 ,01 '' '-----.-/iV4P, 40 7-; (JNIWAA.A6)., ill.'\WW1\ \\\.,'1 ,,,..'-'cl-SAV'70\- ift 4'1'. -'-"----\ZS--' //.1.Tiii-,_i__1_9111 -- ffill44,:''....:71110\*,.... : 1111\111 _._.- \\ ,gym � ........... ,4.4ZZzzo_ 11811/Nmailimi • , \ ‘‘;, 1 0 1111filmuk ,-,_ •\• • ---- -- /-4, ,P411-13DINgh i i----\41 ,\ . � �� - _ S. -, , R., �-�� , ...-• ....._.,‘ X0,,s .`,.. q).<\‘',- 201011:1Q -/-4k-.0,))' -'-----"'- ---- ildlik ---<ss> - it..,#,,f:6 /.#>-\-_--,t.:#\.s\i.41_ \\( ,,,,,,,e,„,04 ).<<\ 11111110*.-, 4/ \ Vi------#\)' ' : 1: 3 - ♦ ♦ � - . \ _:-,- , ftv,.-,, Isi) \ * ♦ � 0,• 1 � — \ „, ,,p .,_,-- /_— 0 4,7!--,,c\o' -7\, ( , i ' J :',46- c\,_ j /. 7 A, / \ / (' = ,i —--..‹, kie< �,:,moi/0,- 1 to _..._•.. n `."o ',` ` h ,.., .., , (//' le \ ,....., . ° (4k <--.. , -1„, .,--i - _. ) „, •. , s..\ ` • ,, �, ,• ,-,—_,., .. ___.,, ... _. , --/”. t.-- ' c,.\:- , 1 \----------....---- / N - :: r„.....„. 4 ., \ ,,..„---,,, ; • ,..; , \ \ \ / \ I j i • a r"• i, h; Z / / } \` TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: September 8, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING BOARD AND COMMISSION MEMBERS SUMMARY: Mayor Loomis will show the Town's appreciation by presenting the following Plaques of Appreciation to the outgoing Board and Commission members listed below: Conny Culver, Development Review Board August 2003 —May 2004 Bill Moody, Planning &Zoning Commission July 1994—June 2004 (10 years) James Vogelsberg, Development Review Board August 1998 —June 2004 (6 years) Jeff Weatherford, Develoment Review Board June 2000—June 2004 Those unable to be here this evening but will receive their plaques by mail are: Cindy Lewis, Board of Adjustment October 2000—June 2004 Greg Marlar, Board of Adjustment October 2003 —June 2004 Bob Schlichting, Budget &Bond Committee June 2000—June 2004 D partm- e d / I To 'f a ager 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 8, 2004 TO: HONORABLE MAYOR & COUNCIL FROM: Jim Hossley Operations Division Manager SUBJECT: West Nile Virus presentation by Dr. Elizabeth MacNeill, M.D., M.P.H. of the Pima County Health Department. BACKGROUND: Dr. Elizabeth MacNeill of the Pima County Health Department will give a presentation about the West Nile Virus. Dr. Elizabeth MacNeill is the Chief Medical Officer of Pima County Health Department. In this capacity, she directs the Public Health Nursing, Immunization Program, AIDS, STD, Epidemiology, Family Planning, WIC/Nutrition and Bioterrorism Preparedness Sections. She provides clinical care in STD, Teen and Family Planning Clinics. She has held this position since November of 1995. Previously she was the Manager of Disease Control for the Pima County Health Department from 1989 to 1995. Education: B.A. Biology from the University of California, San Diego - 1976 M.D. USC School of Medicine -1981 Residency Training, Faculty Development & Research Fellowship, University of Arizona - 1989 M.P. H. University of Washington — 1992 Dr. MacNeill resides in the Town of Oro Valley. ATTACHMENTS: None 4 William A. Jansen, P Mkown Engineer 0-ZaAl ,-(..‹s4 Chuck Sweet, Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 8, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Alan Forrest, Water Utility Director SUBJECT: Presentation of Status of Reclaimed Water System Project SUMMARY: In an effort to keep the Town Council and the public informed as to the status of the Town's reclaimed water system project, staff has agreed to provide frequent updates during regularly scheduled Mayor and Council meetings. Our next update is scheduled for the meeting of September 8, 2004. For the September 8th meeting, we will be making a PowerPoint presentation that will recap the progress made on this project to date. In particular, we will present the current status of the construction of the reclaimed water system. Our engineering consultant on the project, CH2M-HILL, is a major partner in the development and implementation of this project and will assist in providing information to the Mayor and Council through these scheduled updates and other informational meetings during the life of the project. 47z- Water Utility Director ...-_AA Town Manager S EP 2 2_60 is F. Gcc(TOttiituG- iii (t )o /t4/ kJSi D SCR, cc.c, r;i4001:4.-:1 TT) tizo [frt.Le..L., ?, D:STRIBUTED TO: bLe AWN Nfr-ki or&.1 (-cultic/Li Syne-F-4:- 1) te,c, cprAvhail- :31 TOWN MANAGER I C titt ? COUNCIL DEPLHEADS a'OTHER RE ; ErAt4545) RE-24iikva Pfra-c-L-z- zzY- ) 10- t(10, — maywz 'mid e-.-klATE R0/ 0 /Kin CitmittIC 6EZ_ ficA-771 *Ocwz Sotc a KA}o-t,L9 I I V E 13E ElU }Pi 2 //VA 771e-- 1-113tATE 12-F-PaZ-ROCE6 lf-TTEIZ EMC-1-- & J *ILE Ftrz_11A-C Lic.-- 7TeZ5 6F- far --sT riLoki ketoo2Tv ( orbtU1tUGi gic A-Lt.,6g16mT ) wi-tv kl ti it pt,----)artif ut:3 • /9 Fc-=.6-7T J PCG 22_4- t cal) i) cAti ' C'U LO / LQGftITy HAN E- k3 FltE- 4r7407--, --ST ,413_4"74cxyi- PiLe -E--,7-72 Tfri * pize PEKT(i; AA-L-4+ ( 7-74 P itzurie-siou6 iciFt, col 60 s -cc FPI E-7-1C7 rt *ICA re LOC t ) 7 C) M " RttLEr- s w A--ar s7 ) ri&"-SM9 PtcJtZ FM L1JC1kLC 7L9 Mf-'! (?' (3e-;-‘) p &Lit / 1-1-47:3 cf)4ar CALOR (9/t,TO p _ , 4 . --zt. s etuk! 773(Lye /107:414i,/ .(lid(!c_ f--;?- ; p--i/t In o --z----A0r:. p Phtif:t , 2 .2111 - I i Ot- (775— ; ,110EL NI (L 0 ) N) E._if- ii-QKEA Cs, E. 1) AO 117-13.77 ivif: -2.... A- . 7 ir Li i Otc_ 21 ci _Lie.c.--ir?ii rts5 ----iti,r6 CT'i (:‘ i 0 i 2 occ_ N o • • i6 1 i;e b 0-I kJ fiLti . 1 . V).- Lite-No) 1 --7---"D I co, t.,_ m , ALLIS/W L1 ) 3000- L;11 3 0 cAL i 1 JL -37J (55-rt-RK -3 . &ic,,I.A, 0 ' .VFS i-- T1. -- ) V ATI cto i1/4101-LT f-, 1 1‘ P)E-2.-CM u1/4',(1: 1 •-i)e'VrieLe P 7( J i S 1 '1. --' 1:771-)i ____ 1)EA/FL 0 6)M eAt Zl2 i .2._ i. 1 Al a 1... i ..,, ., ( 1 i i I CAL ! 112 i G yebtorLoE' 00 I A-NA PH i '114E-A-Tb-,R, so d, m(T bt-.. :', i ,._.'- t LL a c i m 1:). nil 3(L.c. IcRe 0 I - --) 2>tot, 00 Lici N 0 )"2-4 - 1 ( c--72,3t } (ke., 2 3 ci DEliGiCi 1 N 1 EVI- S) TES C-T6, 6,0 k)ef ) te) , fyr)-0,-Z 6.-) N ilA -n-iir-- pArekeEL 19 6.- tufk-s 4.-G=rs.‘ A CL(t) S Pu747 -ri-rE mew WE ¶ i)- - si-tvw.,*:\ it- 2-c i 5 ic- ckc iNQ. loily2_c.. so V-41-cli, T-1-) G.' 0 ozn ekt 7-44 A-7-- us .1-14-. V vt.tOc, 7.Eztx,1 I k,6, C 19 &cos\ ;Th „ .94.44,1 25 y' tiom....reyz> C:2606WILLe - 0 AO if PLL ? S 7 2 T )LtitU Cwzjc 1Mk) ()) P-- a V, LCE itt00 KLZA- CA-10 A--0 4 bit R t9 ftLLEti S77 7 )( EU & JU J1zz9 tiocre., 7-19-tyc--7-71/4_J As 6 KO iJO Cht-Ait iklo DEL PLATA ): 7 -/2Li EL( -0 3 TM S LaT s 710 A-S FP? ct A) 0 PCe- riler A-60 V PE7u-C -c-71) 7-0 MI /0 6) t4? V y (31zeyerL7-t1 1Dicrt_ .774 epil-pc..eu LAAJb l&) 1UET1OAJ ,. ; 'r) idt9-4 -"4-LrEr) k-Wtt/JILUE, Li A)DA- MI' &O nowt: Pf July 23, 2004 William G. Allbright 2389 W. Tangerine Rd. Oro Valley, AZ 85742 Mr. Paul Loomis Mayor Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Ref: Rezoning Request for Parcel 224-11-0190 (32 Acres on Tangerine Rd.) Honorable Mr. Mayor, Following months of discussion, meetings and correspondence with Mr. Rick Sathre, owner and developer for the above referenced parcel, the only recourse left is to totally object to the rezoning request from R1-144 to R1-136. As you will see from the enclosed package of correspondence with Mr. Sathre and Mr. Winters, we have suggested alternatives to his plan, pointed out the difficulties he will have with the development, and attempted to come to an agreeable arrangement for all landowners. Mr. Sathre has refused to consider our suggestions and is adamant that his plan is good for us, and that our present quality of life will not be disturbed. I am galled that an outsider, from Minnesota, that now lives in Canada Hills, and has never lived in the desert thinks that he knows what is best for those of us that do. We remember receiving a letter from Oro Valley, after annexation, welcoming us to the township, and that all of the zoning that was in place would remain unchanged. And, that the quality of life that we were enjoying at that time would be preserved. Just because the 1996 General Plan suggests that the density of homes within this area can be increased, does not mean that it is a good idea to proceed with that action. Please vote NO on this rezoning request. Respectfully Submitted, a+ ��; ". .•''.. 711 i._dna' William G. Allbright Enclosures Cc: Ms. Paula Abbott, Vice-Mayor Mr. Kenneth Carter, Council Member Ms. Conny Culver, Council Member Ms. Helen Dankwerth, Council Member Mr. Barry Gillaspie, Council Member Mr. Terry Parish, Council Member IA) ei• ,ica• Mark and Julie Stark 2391 W.Tangerine Rd. Oro Valley,AZ 85742 (520) 575-6386 September 1, 2004 Town Hall, Oro Valley,Arizona Attn: Paul H. Loomis, Mayor 11000 N. La Canada Dr. Oro Valley, AZ 85737 (520)229-4700 Mayor Loomis, Subject: Protest to rezoning of parcel 224110190 This letter will serve as formal record of our protest to proposed rezoning of parcel 224110190 near Camino Del Plata. This parcel is zoned R1-144 and restricts home construction to one house per 3.3 acre section. Rezoning will drastically increase the density of the above parcel. The proposal will increase the density to 20 homes on 17.57 acres. Our home is on a 3.81 acre parcel adjacent to the east side of the above parcel. This proposal is unacceptable. We believe it will adversely affect our quality of life. A deciding factor when we purchased our home in 1995 was the zoning of our parcel and adjacent parcels. We purchased our home so we could enjoy the desert and not have neighbors stacked on top of us. Current zoning will ensure that, but the proposal will allow construction very close to our property line and not allow full benefit of our R1-144 parcel. Please vote NO on proposed rezoning of parcel 224110190 on Tangerine Road and allow us to continue to enjoy our current quality of life. Thank,ajou, ,f -Mat`k and Julie Stark ._- _. f l 1 } fails on any ordin a or Zoning recommendation by the t within 90 days after the If the Planning Commission �� be deemed to constituteno - complete iic'�� such failureshall -filing of the uff is�.,e.��c;rr ,to the Town�� �. Planning Commission and the�� Sec.3-.110 11 Council The Town�le�Clerkshall schedule a public hearing�efbeforethe Town Council at whichcitizens shall have an of the n� opportunity ����. date, a and place of such public big nature 'cc of � � Tow�of o�Valley�'notice be published�� .�g� � a� notice of such Town Council requested said early. Both such publication hearingshall be posted on�e subjectl�'"°P i shall be the responsibility of the applicant oto of such Town Council'meeting.meeting shall give 15 notice to maintain the posting_ See.3-111 Write P sole b r Owners _ sed ordinanceor Other is includedin e p4 If the owners of 20%or more of thea� property side thereof extending 150 feettherefrom or a mapchange,or is immediately adjacent in the rear or o�the opposite lots files a p� in zoningfrontage opposite thereto,extending 150 feet from� ex a favorable vote of w writing directly+nomit shall not effective_except against a ordinance amendment, of ties of the Town Coimc�,who are - Council. If the n� three-fourths of all of Townnbecause of conflict of�t� is the~�°u�'ths or questionrequired for � � � e� 'bletovotE�any h��rit �� ���� t �a less, them a unanimous avoral�le vote of those remaiixing=tubers� in no event be less than a majority of • effective the +01�'! that ched numbcc votes � of petitioner l not be ratio of 20 �,the Frope full��xnb+�� of Town CouCouncil. In determining the be included in the base lira. 3412 giptlitiongin condi The Town Council may approve a change of zoningconditioned whichzoning �'► requested. If, at thefor devel t of t ►e u or uses for scheme and/or a schedule �� has� developed according for • dont of tic period sby Council, property -#�qut legislative action. Any request classification and requirements,ii shall revert to its fob'zoningl�considereda��w application..of or t to,, c granted shall an extension See-3-113 Another ►p liCS#hOf aftter' Vit! • the �'� Council or that thea�pnca��a i the eve that an application for amendment is deniedtoo refuse I f P'� Planning Commission-shall have the authority withdrawn after the Planning Cionoriginal hearing. same ��a year of the date of the to accept another application for the Sec..3414 A e is ti t�Town of Valley,such zonings,laall cnever bind previouslyzoned by Pima County annexedy6 monthsafter the Valleyzoningis applied,hut, in no event, for longer than continue �� �� until Oro applied shall comply with this c finance unless specibe exceptions ormodifications aannexation. The� � h are made by the Town Council upon zalnexatim and translation of the zoning. 3-27 ‘'.X\/....,-- E RD^7J Srid ss-44 !37 tPIN / ' vVnG RUAV (am S ? 2' (G1Q} :..._ 89d SS R ]4.7 13t-. 1 su- 5a• _ _ 1 77 �- ' 8 -- ---_.-- -- .............................................•� 699.74• Di )01-z.z r?io. i O g --r--3000' .tee 1 -g\L-ii ,,-, - X1 g 1 7-N 78' ::. 'I.,- i i ....4.ej Er!, 2.-.. 32i!r • O - iII a s -9 513 Id i.."1'r -e, e rig .-,- • 0 i i 0 '2 9� SYor ,. . 41ir. . ,.. 0 k 6 Ig 3 SEE 1 J .;ev. .: a ,, 4,.. 62813 . ..:., Ht r-.1'M6014' T ; ?s7' t I �I = i6• •7• S ... Off! . t T ! DE TA/L R. ,-,,,.' i r^E �,� " 0 it cj !,. (s.% , E5 Ni. r e alt 621/ i 7w .1. /so R el �u s3 mss zi 0 32913` 5A $ a i� ® t t A' e I a. - -,- 5 cp. , _ 0 _ ....ft _ 8 4 6281 ' _ .:--A• 0 a ,. Gle o .,.,„ . - o :; - @1 0 4 , 1 ..., ,- " 031 i ,.. 0,:: R 2 .� SUNKIST 80.10 7 i 329. ; j31431' h4 32• ' �e......ei SUmoST D l f-a31A•---1606 ;965:---OT" $: Os , „,.. a,.. 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(1) .7 s,..:. is.:' y - - D�%41L C i w.._ : 3 - 32 r 7 > 388 ' Sae 7r se12T. e2T 41' r �. 3+ ca.b� 5 t� WSJ 46' 2.4.73• .,1 --;/1,11 , 395.96• :m ' 4p d SEE DETAIL c �m n y �• 154.73' 0 43 a�� t g 'd e,.,,, NOT TO SCALE z 45 42 41 39 �A ' b of MI • ft. 44 pro cr' e- 45198n)• ' a X458 • ' 650.3' e2.,63• 1 �5 No, 51 care'. SF - 85o 02' ... 529.0S' ::E a 5� o n 6-5-DD 59 A 529 34' 1,Eit ~ 0 '(2 ft;.I . 2003-1 3i0• 339.74' 6`9 S1• S ,14 3 m 1 C Lp \R1E\so4_ 08/07/qj 21 0-- ....- PmSEE BOJK 20 PAGE 72 R.O.S. L i- 310- 339 16� 629 97' 0 100 600 900 1200 NARANJA DRIVE FEET h.,, 2071-t0 (t) Sep 08 2004 3: 0 t PM HP LASERJET 3200 . ...... ..r_p.1.� at---e71/'1/4- 6-1-S144 Carl Winters titii9 . Planning Resources 270 N.Church Avenue Planning Resources Tucson,Arizona 85701 (520)628-1118 FAX(520)628-7637 Fax To: Ms Kathryn Cuvelier From: Carl Winters Fa= 297-0428 Pages: 3 Date: September 8,2004 Re: Item 5 on 9/8 Agenda: Development Sites CC: Ltd.Rezoning I am forwarding,via this fax,our request for an additional time extension forthis rezoning request. Please distribute both to the Mayor and Council Members,and to the Town Manager and appropriate staff. Thanks, as always, and I'll see you this evening. Sep 08 2004 3: 01 PM HP LASERJET 3200 p. 2 • • .1 . ..• • ..• •.. ••••• •..• • ,•.•:: :• •• •-:*: • roAlxrd: .•••• • • • • ::, • • • •:•.•• • •••• ' • • plandscie ar it ure..ffao :e ldeuetopmentconsultnts'• :.• : • •• • •'tatt•;hunters• • ,• 'Rnna liJarn®r:P r' . 'Cynlh�a Donald; RLR •1 •.• •\ •. '. . .• • • . 1 � • - : • L : •. ' Se•ptemberS2004 '• • , • . . • :••• •• _• ..• • • • •• ••••' • ''••' '..Maor:-Paul Loomis 8i.Council.Members.. •: ;• •••• . •: •' . . : .. ...• . •' •..' • �` :..' •.' . , . : •:; •: •.: •• ••• :'_T.own,•of Oro•Valley- -. • _ • -.' ••' • •,•' ,•. •• : : • • •.••• • : : • . ,••' •• :, • • •••• .. • • • • • • •:* • • -.'•. . ],:1Q a'1�T: ;a Caiada Drive. �' . :.. ,.• • . • • •'• , •• ' •• • - • •• •• •. ! • ' 'Oro•Valiey.,'Arnzana:85'7 37 :�••. • ' :.w • ,, .' •.: 1: •••' •• • s • :: •• • • :. ••• Subject:'. ubect:••.OV•9=03 X25,'Develop inent Sites Ltd:Rezomn -•R.e uest for ICoritiiivance : • -' . '•'. • Dear`Ma�yor Loo s�and. ouncil Members• •• ., • , .••••. •. •'•• •:'• : •.- •ur:August•.4;2O04.3..tie Ma. or'a d:Council.raised:.certai�i: lest �oa a request •• ' ••••• • - ':ands Wil ife Service to.din'it:gr�diiig;:to.3.a%•.o f the. ite.•_•Iri.this case •the.=site •is:the'entire.site;:not •.: • :•••••.• •.. : ',: • : just.the•17 acres Of the..rezon4 ••• •••: ••`• .•. • ..,• • : t : • ' .. :,•••.. :: • •• •• • • • • • • • ••' . .: ub equent to:that.meeting;: Sep 08 200.]4 3: 01 PM HP LASERJET 3200 p• 3 • • ••: • ,or:•amiation.i ••will benefit a Town.b �.levia.tin.'• •e need•.forth--:T i u.•to•b .me'ars enforcement• • .• •:-,...-..:•,. :' ' ...••...::: ool for the•" st.irbed.•en . rard...I ' . •11:,iso'- Ve tie T. Ith e:too1 ion. n- ••• -d that'will make• . . • : : . • . . •• • • -•sure'.co� 'vation easements'can•be suitably e•nforced'iri other,s .lar.•-cases; •1, • • • . ;:'• : ' ••. ; : , . • • • e • ..••••••••• • •.. . .:••wit that-ini•:in i Rhe.Ma or: n o cil ontin ethis case;ndtnitelyMr:'. ; .. - , •' :•' - .••' • .. •.•• '• •.-.1 '• '.S:atlire••wi.11 a.tlie-" own_•a reasonable fee to:re-advertise.the rezoning ublic 1 l earing whep.. ve. • ........•• • : ' •. .••• - •, • r • ••• i �ent an ;come.to same.agr••eement wit i't%he.:third.p art •'•orgam tion.• •ahs o will hold.•a least ore ' .• ' • ••• • additional me •'�+•+(}��/',wit 411 various`pie' born to;brii :then•up to'date�prior.to.r to.the•..-•• •.......,........•••• . . • ' .. . '•• •.. • •: • ',Mayor and Council:;for your.deci'sion::'.*e.understanI•some those neighbors.have shown very • : ' : -. -•, '.•° •:' •:• • ' recent conceit _.- eve ho.e•to"�me-i.....".• ' th-m rid.re..aii . e' :'or su.port�of .prof e ' , ' ,•'•, " ; . • • • •- • Thank: .•.■ou:(or • ur.consideration-of•this request.andwe'•will be:•available tonight+to'answer your. -. .•: .. •'• • iii S t•.I• . > •t .. '1 • . .. -•• �_ „,� .' 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' : . .1 • •' • •J • • • • • :•• .'.• -- 270:Noahchurch R�ene ?ucso�.:Arzo�a' 651.01 0-..1520)6281110.'fait. 20=7G31. 'ptanresc mndspain9.com: • • . • • .. '. •••-' • . ••• • • .: - • 21•i 1.East Broadway Road,:.S•uite�14 Tempe.;Rit.:..85282'' •(6 02•]•?91-5.15? •fay; 4.801'921-9 56.1'• ,,' ; '• y� ADDENDUM `.. TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: September 8, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Conant, Planner II SUBJECT: CONTINUED ITEM, PUBLIC HEARING — ORDINANCE NO. (0) 04-20, OV9-03-25, PLANNING RESOURCES REPRESENTING DEVELOPMENT SITES LTD., REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (RESIDENTIAL WITH 36,000 S.F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF THE WILSON SCHOOL, PARCEL 224- 11-019 SUMMARY: On September 1, the applicant requested a continuance of this item to the Town Council regular meeting of November 3, 2004. The letter of request is attached to this report. On September 2, a petition of opposition was filed with the Town Clerks office. Section 3-112 of the Oro Valley Zoning Code Revised (OVZCR) states that if 20% of the area of the surrounding property owners within 150-feet of the subject rezoning protest in writing, the ordinance will not take affect except by a favorable vote of three-fourths of all members of the Town Council. The attached protest exceeds the 20% criterion. TOWN MANAGER RECOMMENDATION: It is my recommendation that this item be remanded back to the Planning and Zoning Commission in order to re-notice it and apply zoning conditions over the whole area to provide for 30% open space. SUGGESTED MOTION: I move to remand Ordinance 04-20, OV 9-03-25 to the Planning and Zoning Commission in order to re-notice the project to include the entire area including the area west of the wash. OR I move to continue Ordinance (0) 04-20, OV9-03-25, rezoning the subject parcel from R1-144 to R1-36, to November 3, 2004. OR I move to deny Ordinance (0) 04-20, OV9-03-25, rezoning 17.57 a from RI 144 to R1-36 finding that: rl Attachments: Planning , i Zoni Administrator 1. Letter of Request for Continuance 2. Protest Petition (with map) Contact: Planning Resources Community evelopment Director Carl Winters Fax 628-7637 a46Ar.d F:\OV\OV9\2003\9-03-25\Reports\TC.RPT 4.doc Town Mana:er Carl Winters Planning Resources 270 N.Church Avenue Planning Resources Tucson,Arizona 85701 (520)628-1118 FAX(520)628-7637 Fax To: Bob Conant From: Carl Winters Fax: 742-1022 Pages: ,1 Date: September 1,2004 Re: OV9-03-25, Development Sites Ltd. CC: I wanted to confirm that I have consulted with my client, Mr. Rick Sathre, and he concurs with the City Manager Recommendation for a continuance for this case. We would like to have that continuance until November 3, 2004. Please so advise the Mayor and Council and the City Manager. During this time,we intend to seek a solution to the State law requirement for a conservation easement to have a third party conservation organization as a beneficiary. As you know,during the past few weeks,we have determined that the entire property is subject to a 30%disturbance, not just the area of the rezoning. In follow-up meetings with U.S. Fish and Wildlife, their preference is to have a Conservation Easement extended over the entire project area,which will exclude the specific areas to be disturbed. By including the entire property in the Conservation Easement, it resolves the question by the Mayor and Council on how to insure the entire property is regulated if only a portion is being rezoned. We have developed CC&R's that are acceptable to Fish and Wildlife. We now need to define areas of disturbance and complete the legal mechanisms for monitoring the easement. We believe those will be accomplished prior to the November 3 meeting. Thank you and the other staff members who have been assisting this process. 'ft% S EP 7, 2_, 2_60 5/ We/tin-a-1c F Gtoouvimic Ii, ( )C) Aft thDt- sciL () ) imLu: Li-c‘-' -r2k.f . • UM F VW 61.&I CO ti MC/ S771-FF D:STR1BUTED TO: 1) , (-13- CA-A, 46- WrOWN MANAGER vt_t OALLL-- ) 4;1. COUNCIL 0 DEPT HEADS WOTHER R0/ '0A P/3-i(2c-15z- zz1/ ) 10to, Roko /Ain 07-mmie ficA-M sittc 11--5 Kitill-t-e) I .1- It A-VE--; 1:5EEiu OP PoA/41,6 Z71 „Ii4720\yu- aeLeits( E- \ 11-7-Tfr7Z E focLos&-0 FrJA-c tA. ---Treks 6F- fcti ria-OM riWPOZTV - COLS ( G 11 i,u/6 i STAk1LM1cfr1T ) wi-tt) alto /6 e Pc/LTV WTiiki f9t, I t e)— C , ' 4COM YCftL 5ItOLLLO CRADTA F-1 kV E- c0/0 Fi LE pg_rAf 4 AI ()TM E-Y- WV Pi2-61) ---DzTY 17/6 EPIZ PE-7-70-y Art64 P.K7-espk6 mFtGH60i1C iSVFFii &Ai7 rc' ntc &k retfito t1LL . rt-its i i/ZE A--T LO- sc re F. S ele71V) Fog FM c-Ookfac 7/9 _c e /Hi (J.) oes2) taii it-9-- / 'EL/EVE 71-1c. 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Allbright 2389 W. Tangerine Rd. Oro Valley, AZ 85742 Mr. Paul Loomis Mayor Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Ref: Rezoning Request for Parcel 224-11-0190 (32 Acres on Tangerine Rd.) Honorable Mr. Mayor, Following months of discussion, meetings and correspondence with Mr. Rick Sathre, owner and developer for the above referenced parcel, the only recourse left is to totally object to the rezoning request from R1-144 to R1--136. As you will see from the enclosed package of correspondence with Mr. Sathre and Mr. Winters, we have suggested alternatives to his plan, pointed out the difficulties he will have with the development, and attempted to come to an agreeable arrangement for ail landowners. Mr. Sathre has refused to consider our suggestions and is adamant that his plan is good for us, and that our present quality of life will not be disturbed. I am galled that an outsider, from Minnesota, that now lives in Canada Hills, and has never lived in the desert thinks that he knows what is best for those of us that do. We remember receiving a letter from Oro Valley, after annexation, welcoming us to the township, and that all of the zoning that was in place would remain unchanged. And, that the quality of life that we were enjoying at that time would be preserved. Just because the 1996 General Plan suggests that the density of homes within this area can be increased, does not mean that it is a good idea to proceed with that action. Please vote NO on this rezoning request. Respectfully Submitted, ..s f =� ..�,:..y_..-`^ (ci• <j William G. Allbright Enclosures Cc: Ms. Paula Abbott, Vice-Mayor Mr. Kenneth Carter, Council Member Ms. Conny Culver, Council Member Ms. Helen Dankwerth, Council Member Mr. Barry Gillaspie, Council Member Mr. Terry Parish, Council Member Mark and Julie Stark 2391 W. Tangerine Rd. Oro Valley,AZ 85742 (520)575-6386 September 1, 2004 Town Hall, Oro Valley, Arizona Attn: Paul H. Loomis, Mayor 11000 N. La Canada Dr. Oro Valley, AZ 85737 (520)229-4700 Mayor Loomis, Subject: Protest to rezoning of parcel 224110190 This letter will serve as formal record of our protest to proposed rezoning of parcel 224110190 near Camino Del Plata. This parcel is zoned R1-144 and restricts home construction to one house per 3.3 acre section. Rezoning will drastically increase the density of the above parcel. The proposal will increase the density to 20 homes on 17.57 acres. Our home is on a 3.81 acre parcel adjacent to the east side of the above parcel. This proposal is unacceptable. We believe it will adversely affect our quality of life. A deciding factor when we purchased our home in 1995 was the zoning of our parcel and adjacent parcels. We purchased our home so we could enjoy the desert and not have neighbors stacked on top of us. Current zoning will ensure that, but the proposal will allow construction very close to our property line and not allow full benefit of our R1-144 parcel. Please vote NO on proposed rezoning of parcel 224110190 on Tangerine Road and allow us to continue to enjoy our current quality of life. Thank o�Ju, 77497 r ti._-Mark/and Julie Stark Sec.3409 Failure o_alannbt Co t.illiSAW- fails to rpt on any ordin or zoning recommendation the t Tvitain 90 days after the #•the ��c� fas l be to constit no -filing of the complete a � ,��� ;c�. Planning Commission sion and the ev is referred to the Sec.3--114 jileaga Council the Town Cou��l at whichcitizens shall have an The Town Clerkopportunity to be heard_ The date, shall schedule a public�� def -bithe ray of the nt tie and placeof such public g • Town of o�Valley and notice of said shall� and notice of such Town Council requested Both such publication hearing sha13 be posted on the subject�P�3'- meeting. ti shall be amity of the applicant shall give 15 notice of$�acb TownTownCoCouncil meeting to rnailltain the posting. See.3-111 Write Protest by t r sI If the owners of 20%ormore of the of the�oeny that eitherr is includedinthe sed ordinance wrung'map change,or is nmt )yaced in theor any side t� f e��� g���feet e� °� is directly thereto,ex ing 150 feet from t frontage of the opposite lots files a prote4t osite writing against a proposed ordinance amit shall not effective.except favorable vote of ;hree-fours of all of the Town Cornell. If the number of members of the Town Caa� are _. conflict of interest is three-fourths or . havewithdrawn from the question because of eligible to vote aftershall be required for the amendment tofess, then unanimous favorable vote of those remaining membersall in no event be less than a majority of theovide.�f that such of votes �ec�C effective� full membership of the Town Council. In determining the ratio of 20%,the property of tbe petitioner shall not '� be included in the base tea✓ - 34120 _ conditioned specific development requirementsTheTownfou may approve a change of zoning � is requested. 3�', at the e t of the use or uses for which zoning � schedule and/or a schedule for dei low has r�been developedaccording to said expiration of the period spec/fledby Council,the�� without legislative action. �y request ul���� it shall revert to its��CM� .�$classification and� � wanted shall be C�SXC �a new application. an extenSLOfl of,Of _ 3t itis the conditions Sec.3-113 A► a pplita#in _alter sl cap' i awat the TownCouncil or that application �$ If the ewe that an application for amendment is denied - have the authority to reuse PP t Planning Ca�sSion s� wxta�'�2 ihw P� g C ��ission �hearing.�i�a�a veal of tie date of tie o� to accept another-application for thesame Sec.3-114,A►13xteXat u s Whenever lam previously zoned by Pima County is annexed byTown of orValley,such zoning shall 6 months after the but, inevent, for longer continue in eff until Ova Valley zoning is appli , nocz�e exceptions or modifications zoning applied shall comply with this ordinance unless annexation. exe mad e by the Town Council ATon annexation and translation of the zoning. 3 -27 I _.3 _.. _ a I I 1 111 i i i I I 1 i \ ' U1 i i0...................................... ilehi.1 _ , , ' : / .................... ........• Festering _ ______I , ---d I .. 1 ter,,,c1 o Stark SITE Albright 1 „----- GoowiIIie \\\\_. �, rit,41,4* aitoi1 --------/ 1, , „.,--------- .....,,,....... _, L,_ \ , 1 1 1 •....._ ....._ • , Ai /11111111,111111 . ill i ial MI& Ka ICII uni rim 1 Jv me unr ir III TAW irra 44 ikopir• Avon 1 ' AP" Nr4/111111 ____ ) ro 111 1 rain of 4 1 -"al gi. 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F‘,,LE COUNCIL ;1 DEP27- OTHER Aofte A gE--714L4C6) RE-2-00/OA li,o-a-ct (. 0) Ai 91ta TAAJ 6-Abtre- ,q ) /W/ 01-A41410 DEZ„ beita. sivers q ut iedur-t.t9 27: V ET &E-E4) P Po-1/AJA 7H g.E-Pa)z-Ru( EgucLos&---0 #41-1z6- AC L Treks F Pcom---sT FILO&i Thiet_E& z> to4Jez,_,s ( GovA si-Aktz ) A-Los12J // T ) an-tv au pvL pmr(t/ /$1) F 7- cii PA-Ace-4_, ito- ise , 3 Anirrom , You. shouLt) iftizotny HANE- Fi Le 4 PACTEST F1-11/14 4 /V677- fumy ---cY4 p- il-MAL-cE2orr Pito pekrY 77-/o FE re-ituA ME • pfi P&JLTy MW i)1 Th e P ito7b-siou Mut 60 P,C IS so FPI CI &KIT 3JTrztux retoo s — fl1 ) 71-1 -e " SoMi1SVUrY THIS cuicL A& 0 yzE- fTLe1rSi ,cP S ex) v1/4 PitAITA Fek cOokric 719 AL, I /1-v Cr"; ":ctuc 0 .00 WAUFT 17 &Z-16---VE- 71-10 cA0 AgeCT CAL UR cif-7( 60S OP flii-rcce-c„ 4-iv Ueti9k) ) 711-r -c--7-4) F1 779(L7,() kJ1'P- of alti-cre4 F7 Go et it 1 kiie , c0 , Sedo T , 2 1 Zety g-&-. ; pitto65-eb, REzAMik./(\ ()P p mfE----1..., 02.14- i fil-ACEL. NO , Ow N E -( A-CKEPt G, E P AO TE-IT1 MCI isq_.29- D 1 W tiLik-Mgc1ki 7 f 14 1 Ck.Q. i\I (219 ..._4?o-1214- ........_...............______________. 1C6D fi-ss ---xt.G 0) 0 i 0 1 23 a cr NO c"LcH (CO MA T. Fe-VOW e 5, CI 0 Kc_ 5-1 Co kL (V)-- 1-11Z—I (e6 (FT) oi:Fm , ALL,9,0kiti 9 . -30a, LA 1 3 0 at 221-1-1‘ t - 110 i TIJLt . SPI-Atc 3 , S-1 (L.c 3 &I 1 ci A 1( 1>e\jetkp Nem z e , 9S- 224- i t 0- ici A srre-s c-rb. 9 rATI tik) NO -u5 '17,4' Ec' ac Ft R AEzom ime_v41, I orlD DEN)ex PMEAirN 0 -.3 : (3-- ckt zzg -lie- tol 6 s 1 rES 1erb . GNIDO- 41, 22_ c .__ N 0 29A- H' G oelbioiLcie-30 A-M PH 1 114eA-TK SCRCO C, bi W., R t 0 el ex c MD zzi-1-1 t e - 3 VD .224C.- 3-) 3ti-tvi PP)TCH, 2&0. 2.3.. --ro TA-1.-S ._;•5t = '214,6% '3' 0 4 LP) Cke_. 23 e gima. le DE ft)E-0)()Ni Gour s) TES C,,Th, OWL/(7%&) )V CK, Si3-T4-1)Z-6-) Nt1-- NA eh M -a 114 Ar epAce-c, 19 4- Wik-S LE:AA.CLy S Pu 7: 1.54E Traii0 W6-6 Si 'imr- Si-towl iiii- 2-0 i 9 &--. (XC tfz_ Pi112-C .,0 pi*01;7_ 14 AN F.- s 6P2-0-0-PD -1-1--) G- p 0 tzp -r-1-1.-0' f&c‘PoseD a_E-zokiimG (19 , 5-) etc.rPsS i in 'et;)it A-L 3/S%sins. 94t'&7 25� Z9c) ( L&)fcre7 C? tW !cLc II � CaOC N , :'ry} Oet__ &C1C, D 20 t(ftLLi9 4-Z 8-s7L-e2, T1)uJU CLOZJC � -Thu) to o P-- OyO VAlce9 Ci, o 17& Oc9 V&LLFJ O-C6t., 2.211 - ) e ' 1/ 6"'zi5k.i/ eucl eAiE7fl71jiuCf,zJAJ6 � � 4- J G -M, CMZ ii- 01903 )0(A-Tp, CLA. VELien... 3 TH i s LaTireo, i s (7,17 OFPlcLA-L /0 o PcE Pe--6 T 771� A-6OV8'JCE ZOAJIAJG) YEJE / Y 01M4erLiki Di y 4-6(VT'S 7-7-1 (DIhQCEL CSF L1Jf /3 ,. ;ry ce-Kerz,Y) July 23, 2004 William G. Allbright 2389 W. Tangerine Rd. Oro Valley, AZ 85742 Mr. Paul Loomis Mayor Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Ref: Rezoning Request for Parcel 224-11-0190 (32 Acres on Tangerine Rd.) Honorable Mr. Mayor, Following months of discussion, meetings and correspondence with Mr. Rick Sathre, owner and developer for the above referenced parcel, the only recourse left is to totally object to the rezoning request from RI-144 to R1-136. As you will see from the enclosed package of correspondence with Mr. Sathre and Mr. Winters, we have suggested alternatives to his plan, pointed out the difficulties he will have with the development, and attempted to come to an agreeable arrangement for all landowners. Mr. Sathre has refused to consider our suggestions and is adamant that his plan is good for us, and that our present quality of life will not be disturbed. I am galled that an outsider, from Minnesota, that now lives in Canada Hills, and has never lived in the desert thinks that he knows what is best for those of us that do. We remember receiving a letter from Oro Valley, after annexation, welcoming us to the township, and that all of the zoning that was in place would remain unchanged. And, that the quality of life that we were enjoying at that time would be preserved. Just because the 1996 General Plan suggests that the density of homes within this area can be increased, does not mean that it is a good idea to proceed with that action. Please vote NO on this rezoning request. Respectfully Submitted, • fif -2 William G. Allbright Enclosures Cc: Ms. Paula Abbott, Vice-Mayor Mr. Kenneth Carter, Council Member Ms. Conny Culver, Council Member Ms. Helen Dankwerth, Council Member Mr. Barry Gillaspie, Council Member Mr. Terry Parish, Council Member ,17)r ki Mark and Julie Stark 2391 W.Tangerine Rd. Oro Valley,AZ 85742 (520) 575-6386 September 1, 2004 Town Hall, Oro Valley, Arizona Attn: Paul H. Loomis, Mayor 11000 N. La Canada Dr. Oro Valley, AZ 85737 (520)229-4700 Mayor Loomis, Subject: Protest to rezoning of parcel 224110190 This letter will serve as formal record of our protest to proposed rezoning of parcel 224110190 near Camino Del Plata. This parcel is zoned R1-144 and restricts home construction to one house per 3.3 acre section. Rezoning will drastically increase the density of the above parcel. The proposal will increase the density to 20 homes on 17.57 acres. Our home is on a 3.81 acre parcel adjacent to the east side of the above parcel. This proposal is unacceptable. We believe it will adversely affect our quality of life. A deciding factor when we purchased our home in 1995 was the zoning of our parcel and adjacent parcels. We purchased our home so we could enjoy the desert and not have neighbors stacked on top of us. Current zoning will ensure that, but the proposal will allow construction very close to our property line and not allow full benefit of our R1-144 parcel. Please vote NO on proposed rezoning of parcel 224110190 on Tangerine Road and allow us to continue to enjoy our current quality of life. Thank.you, 71,91 Mark and Julie Stark • t'RoL-' �S t �pier� - , lit ; x ���� d� Sec.3409F �"C$ i �� _ Co �• r . �` the Planning Commissionfails to report any ordinance or zoning map amendment' -filing of the complete application, such failshall bdeemed constitute o recommoadation mattes is Hefei to the Town Council. Sec.3.110c- ►n nn • TownCouncil at which citizens��l.have an�shall schedule a public � beforethe The TownC��c opportunity to be'heard. The date, �,� ��the amendmenttime and place of such public be am note of be published a gt�`circulationnotice of� `�'owxz Council said requested shalt aty. Both suchpublication hearingshall be fisted on the subject -shall be the responsibility of the applicant otice of such Town Council mfg. rn�eg shall give 15 x� to maintain the posting_ I Sec,3-111 Written - that mei is included e proposed in150feet therefromor �`�'the owners of 20%or more of the�of � side t�e�reof extending zoningmapor is immediately therear or��ythe opposite lots files a�� t� } t 50 feet streetfrontage o directlyopposite to,��.� � a e�e�.� a favorable vote of amendment,it shall not f writing against a proposed ordinance -of�� of the Town Councilre who are Council. If the nuts _ three-fourths of all o�the Town � us+�of conflict of interest is three-fourths eligible to vote a ,hwithdrawn from the quon less,eusgs, t a unanimous 'oracle vote of those remaining members shall be required for the encimut the to becone effective provided that such required number of votes shall in no event be less than a xnajcaity of m`�be� if the Town Council. In determining the ratio of 20%,the property of tbe petitioner shall not be be indu in the base ama- 3411 Cued OtaJ t1 conditioned � specific development requirements Town Counmay approve a change of zoning andfoc a schedule for devel�� t of the specific use or uses for which zoning is requested. 1f, at the expiraton of the mod specifted by Colwell,the property has nofbeen developed according said schedule andrequirements,it shall revert to its former z •�gclassification without legislative action. Any��� for be considered a� ►application.of or t to,the co os granted shall an extension of, Sec.3-113 Another A{ 4 Hi after # =, .*i. Wild awa the Town Council or that the application is event tlr�at an application for �, t is denied _ to refuse If thethe planning Ca�s�oa�mall have the a �� withdrawn air the Planning Commission hearing, original bearing. to accept another application for the same end wit- a year of the date of the Sec,3414An a at!tx Whenever land previously mned byPima County is annexed by the Town of Om Valley, continue in epee,p ung opValley zoning is applied,hut, in no event, for longerthan bmonths ' e �txatton. f zoning applied shall comply withthis ordinance unless ecibe exceptions al�ocat��s • are made by the Town Cowl upon annexation and translation of the zoning- 3-2 7 oning-3-27 '' zr\_V-- ---- / _ ..� M vvr1L RUHV R 1.100RE RCIAO s 19d ss'm SW.37 (C : ...----.._..�----------------------- --^-S 89d S4'IY- 274_72' (CLO) _-- I••_ _J. • +:e 34 _� 1 f- Mals 34�_r ',' a;: ii If-) O_ „X300(/. 1 6e9_7( sa 3�T 1 8 7 _3 a• _.') 0 ® -- — 0� .r c�1QOr X36 o_• .{ ... - �-/o.$ •£GE-' 8I0 1 t�� Oass U. 4%.-2e+ >h�7' `= !$ j ;.-.; S.±91 e.r '�,id •iv)estM '� T • ��)�! 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' 40 a SEE DETAIL C ;m p y 14 60 154.73 G e 43 - -b �� ci) 5 42 a ::, U NOT TO SCALE o eii, 41 39 (1) J �d '� ... 3t pima to —75' el. ? co:n/y x —150'5 cr • OS:WS 1395.94' 45..98' .. 4 7 . 630.3' a 249 S3' 8 SHANNON 51 .aa°s. 5� n 529.05 4 ACRES Z — 650,02 32!el LO s 1-8 e n 52 37 59 ri 529.34' UP .•. 0 2003-1 W 310' x339.74' ' "Lir t+▪ 36 :.iP iro t. ,11-3 Ef1zs\R1.3E\so4_' C 08/07/021 I i cv N � 44biliLli SEE BOJK 20 PAGE 72 R.O.S. s 629 9 - 0 300 600 900 1200 NARANJA 'RIVE FEET _ .,.. �,{,� 2071-10 (1) _ \A\CANT | VACANT RESIDENTIAL ' RESIDENTIAL / R 1-144 0 n1-144 m ' /� 5< u' 0 T | - ---- - -.�- - - - __' _ INE ROAD _ -_ _- -_ -- \ 7.-- I / ^� � ' ^� 2170 J . ,� __ __ . . __ .v�� " T.- / . / Parcel 1 I L _ __ 3.88 acres ' Parcel [-- / | (vacant) / 4.22 acres / e�o \ / mo� (vacant) ' I / __ / • --- --- ' | . | � } / / 1245012450 /i \^ � 11180 20300 ' ' 26220 / \\- • __ __ -�' � - - - - - - _ F ` \\ 11770. 0 c's- 12180 /�_ _ __ (0 § ^~ . co \\ ( 11350 0 L.-~~ 13470 je ~ • . ___ '� p...., Parcel -� 11170 �° o��ao�a --~ ' > (vacant) 14800 • 11850 1307.0__ _- _- __ __ / -_____Lj....._.__/ 11420 12230 - gie\--- ----- , INII1111*"„ i 20100 ��n�1 '� - 15760 / I 19620 � 1226011670 porce �� ` 11460 11417I | 3.35 acres - �/ (vacant) \ / \ / WILSON K-8 SCHOOL PROPERTY RESIDENTIAL R1-144 ----� n1'1+* / / / TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: September 8, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Conant, Senior Planner and Bayer Vella, AICP, Principal Planner SUBJECT: CONTINUED ITEM, PUBLIC HEARING— ORDINANCE NO. (0) 04-20, OV9-03- 25, PLANNING RESOURCES REPRESENTING DEVELOPMENT SITES LTD., REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (RESIDENTIAL WITH 36,000 S.F. LOT MINMUM) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF THE WILSON SCHOOL, PARCEL 224-11-0190 BACKGROUND: The specifics of this request were presented in the staff memorandum (attached) for the June 16 Town Council meeting. That packet also included a site analysis and a tentative development plan, which is attached herewith. At that meeting staff reported that the USFWS and Arizona Department of Fish & Game indicated that cactus ferruginous pygmy owl(s) have been documented as occurring in the project area (3-mile buffer). In an effort to mitigate impacts, the applicant had agreed to abide by the following recommendations of the USFWS: • Site disturbance less than 30% • Protection of vegetation along watercourses • Preservation of existing vegetation throughout the project in continuous swathes rather than isolated patches. At the June 16 public hearing (see attached minutes), the Town Council continued this item to achieve the following: I. Enable time to resolve U. S. Fish and Wildlife Service (USFWS) issues and clarification of the site disturbance allowance. a. Does the 30% apply to the 17.57 acre rezoning area or the entire 40 acre area owned by the applicant? b. If the 30% will be allocated to the 40 acre site, how will this impact the remainder area not subject to rezoning? c. How will the area beyond the rezoning site be addressed by USFWS to insure compliance? II. Applicant to meet with the neighbors who had signed the petition against the project. Town Council further continued the item at the August 4, 2004 public meeting - at the request of the applicant. More time was needed to address the aforementioned concerns. NEW INFORMATION: I. U. S. Fish and Wildlife Service: On July 14 staff and the applicant met with USFWS to discuss the project with the following results: a. USFWS is applying the 30% disturbance limitation to the entire 40 acre site - not just the area TOWN OF ORO VALLEY "'OWN COUNCIL STAFF REPORT Page 2 of the rezoning. b. The 30% disturbance limitation could be allocated in the following manner: (1) 17.57 Acre Rezoning Area: A rezoning condition has been included to insure that all lots will be custom graded with a maximum disturbance of 12,000 square feet per lot. The grading limits coupled with conservation areas would result in a total disturbance of approximately 48%. (2) 22.43 Remainder Area West of the Wash: The onus will be on the applicant to drop the overall figure for the 40 acres to 30%by keeping the remainder area low density(R1-144) and minimizing disturbance. c. The overall disturbance limitation may be enforced in the following manner: The developer has already split the 22.43 western portion into 4 lots in violation of subdivision requirements. To rectify this situation, a plat must be filed and approved by the Town. In sum, the applicant has at least two options: submit one plat for the entire 40 acres or two separate plats (17.57 and 22.43 acre portions). Per the applicant's consultant, one plat for the entire 40 acre site will be submitted. This approach will enable USFWS and the Town an opportunity to review site disturbance and grading limits etc. for the entire area. d. The following additional information was recently provided USFWS: The applicant has proposed using the homeowners association as a vehicle to own and manage the conservation easement for the riparian area; however, USFWS will not accept this arrangement. USFWS asserts it is problematic and poses legal issues. Options: 1. The applicant must find an acceptable third party to own the conservation easement. 2. Rezone the riparian area to Parks & Open Space with the condition that uses be restricted to natural open space. This may enable the applicant to forego the use of a conservation easement and utilize CC&R's only. This arrangement would impact the density and layout. The tentative development plan would have to be reconfigured to remove all lot lines from the riparian area. Note: Incorporating a less intense zoning district than originally proposed would not pose a public notification issue. Pending resolution of the aforementioned issue, USFWS and the applicant are working out specific language to be incorporated into the CC&R's. The CC&R's must be submitted as part of preliminary plat review. II. Neighbors: Staff facilitated a meeting on July 29 with five neighbors present. The concerns raised at the meeting were as follows: • Grading of undisturbed desert. F:\OV\OV9\2003\9-03-25\Reports\TC.RZ RPT 3.doc TOWN OF ORO VALLEY [OWN COUNCIL STAFF REPORT Page 3 • Wildlife protection • Trespass through public trail easement onto private property south of the project. The applicant stated that he would post the property lines to south to help prevent trespass. • Would like to see less density TOWN MANAGER RECOMMENDATION: Based on my review of this case and the last minute information provided by the U.S. Fish and Wildlife Service, it is my recommendation that this item be continued to resolve the protection of the riparian area and the provision of the 30% open space over the whole of the properties, both east and west of the wash. SUGGESTED MOTIONS: I move to adopt Ordinance (0) 04-20, OV9-03-25, rezoning the subject parcel from R1-144 to R1-36, subject to the conditions listed in Exhibit B. OR I move to adopt Ordinance (0) 04-20, OV9-03-25, rezoning the subject parcel from R1-144 to R1-36, subject to the conditions listed in Exhibit B, and the following added condition(s): OR I move to deny Ordinance (0) 04-20, 0V9-03-25, rezoning 17.57 acres from R1-144 to R1-36 finding that: . Attachments: 1. Ordinance (0) 04-20 with Exhibit A Map 2. Exhibit B 3. June 16, 2004 Town Council Minutes 4. June 16, 2004 Staff Report 5. Tentative Development Plan 4 CI gemi, P l a : Zoning Administrator /00-Co ' y Devel% iment D. ct r own Manage F:\OV\OV9\2003\9-03-25\Reports\TC.RZ RPT 3.doc ORDINANCE NO. (0) 04-20 AN ORDINANCE AMENDING THE TOWN OF ORO VALLEY ZONING MAP BY REZONING PARCEL 224-11-0190 - THE PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF THE WILSON SCHOOL - FROM R1-144 (SINGLE FAMILY RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (SINGLE FAMILY RESIDENTIAL WITH 36,000 S.F. LOT MINIMUM) AND REPEALING ALL ORDINANCES IN CONFLECT HEREWITH WHEREAS, that certain real property located on the south side of Tangerine Road near Camino Del Plata and just north of the Wilson School, containing 17.57 acres and further described by the map attached to and made part of this Ordinance, is currently zoned R1-144 in the Town of Oro Valley; and WHEREAS, an application requesting that the property be rezoned to R1-36 has been filed with the Town; and WHEREAS, the Planning and Zoning Commission, having considered said application and request at a duly noticed public hearing in accordance with State Statute and having made its recommendation to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested rezoning 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 certain real property located on the south side of Tangerine Road near Camino del Plata and just north of the Wilson School and further described by the map attached to and made part of this Ordinance as Exhibit A is hereby rezoned R1-36 (Single Family Residential) subject to those conditions, stipulations,plan for development and all other conditions of approval as specified in Exhibit B attached hereto. SECTION 2: That all ordinances and parts of ordinances in conflict herewith be 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 8th day of September, 2004. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney VACANT 0 < VACANT CHURCH RESIDENTIAL ?--��-- RESIDENTIAL R1-144 R1-144 'LiA R1-144 ELI TANGERINE ROADOIMIED .1 M. • VAC. • RES. RES. R1-144 R1-144 VACANT RESIDENTIAL RI-144 1 • "1-36 VACANT • ONE RESIDENTIAL '� RI-144 , 1 / 1 • 1 RES. R1-144 1 VACANT ' RESIDENTIAL • R1-144 PROPOSED Z• E 1 . •U DARY • RESIDENTIAL NILSON K-8 R1-144 SCHOOL PROPERTY iN 0 100' 2001 EXHIBIT plannrng resources Zoning Bo unda rY 270 N t0 O a d�Are�xw.7 resM Arizona K701 620)02$-tt1S 1. i2�-7�3? EXHIBIT B CONDITIONS OF APPROVAL OV9-03-25 1. All Standard Conditions for Non-PAD Rezonings must be adhered to (attached). 2. The developer and/or owner of record shall enter into an agreement with the Town of Oro Valley for payment of an in-lieu fee for parks and recreation prior to Town Council review of the Final Plat. 3. All dwellings units in the subdivision shall be limited to single-story and eighteen (18') feet. 4. All lots adjacent to the fifteen (15') foot riparian apron shall provide a minimum of 10,000 square feet of gradable area(12,000 square feet preferred). 5. All lots will be custom graded with a maximum disturbance of 12,000 square feet per lot. 6. A homeowners' association shall be formed for the subdivision, which shall be charged with preservation of the protected riparian habitat in an undisturbed state. This must be established in the CC&R's. 7. The CC&R's shall stipulate that the garages constitute no more than 50% of the front façade of the house and that garages shall not project more than five (5') feet in front of the house. 8. Adequate barriers to intrusion onto and entering the school shall be shown on the Preliminary Plat prior to hearing by the Development Review Board. 9. Section 3-104 A 4 j 2 c of the Oro Valley Zoning Code; provide school bus stops and turnaround or include in the letter from the school district stating that they are not needed, prior to DRB review of the Preliminary Plat. 10. Section 3-104 A 4 j 2 d of the Oro Valley Zoning Code; provide a letter from the school district indicating review of, and concurrence with, the proposed student walk paths and school bus provisions, prior to DRB review of the Preliminary Plat. 11. Tentative Development Plan a. Show approximate design of west bound left turn lane and east bound deceleration lane on Tangerine Road. b. Show right-of-way and typical cross section of Red Rock Ridge on the Tentative Development Plan that was approved by the Town Engineer. c. Show right-of-way and typical cross section of Tangerine Road on the Tentative Development Plan. d. Label the erosion hazard set back line and add symbol to the legend. e. Provide a LOMR based on better topography for the Town of Oro Valley to review for lots 12, 13 and 14. V 06/16/04 Agenda,Council Regular Session 18 The following topics were discussed: • Would there be a commercial study done on the site. • Will the support areas be more marketable then they have been in the past. g • Safety issues and the dangers associated with a commercial center on a road with one-way in and one-way out that were attached to a fire station. • Medium density consideration. • The size of the lots. • A recreational facility in the area. • How difficult would it be to have an economic analysis done? • How many homes would be erected on the site? • he Tangerine Road access via the TEP access road access. T g Mayor Loomis opened the public hearing. Bill Heston, 12147 North Seasons Loop, stated that he was opposed to the land use change because it would increase traffic flow and traffic speed in the area as well as change the building heights. North Via De La Verbenita, explained that there would be school Nancy Martin, 11780 issues because of the new home construction in the area and felt that something could be tastefully done. She asked that Council deny the request at this time. Mayor Loomis closed the public hearing. MOTION. Vice Mayor Abbott moved to DENY Resolution No. (R)04-60,Y OV 11-04- 07, finding that the loss of a community-wide commercial use would represent an adverse Impact to the Rancho Vistoso community and the environs. Council Member Culver SECONDED the motion. Council Member Culver stated that Discussion: when a developer adds a townhouse� � with no professional office park to something like this it is a win,win situation wit style impact on the schools, low weekend traffic and no rush hour. Therefore, she encouraged the developer to keep the neighborhood commercial. Council Member Abbott reported that many of the residents in the area have expressed that they would like to see a restaurant, which surrounding commercial developments currently did not have. She felt that this would compliment the neighborhood and did not want to see any loss of revenue, which she felt, the Town desperately needs. MOTION carried, 6-1, with Council Member Parish opposed. Mayor Loomis recessed the meetingat 12:46 a.m. The meeting resumed at 12:50 a.m. 9. PUBLIC HEARING — ORDINANCE NO. (0)04-20 REZONING FROM R1- 144 (RESIDENTIAL WITH 144,000 ST LOT MINIMUM) TO R1-36 110 (RESIDENTIAL WITH 36,000 ST LOT MINIMUM) FOR PROPERTY 06/16/04 Agenda,Council Regular Session 19 LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF THE WILSON K-8 41110 SCHOOL, PARCEL 224-11-0190 merit Director, reviewed the report and explained that Brent Sinclair, Community Development would allow the development of 20 single-family the applicant stated that the rezoning the lots on the 17.57 acres consistent with the General Plan. He explained that currently, desert with a wash traversing the site north to south. He property is undisturbed of the site is relatively explained that the topography flat and the vegetation on the site p includes mesquite, . saguaros,palo verde and barrel cacti Church, explained that this project would Carl Winters, 270 North be low density to p g allow the development of 20 single-family residential units on 17.57 acres. He reported that the overallgrading limitation would be 30 % for the entire property. the comments made Council Member Gillaspie addressedby the applicant regarding the. Fish and Wildlife and the 30%restricted grading goal. He negotiations with U.S. e western portion of the property would be included in the expressed concern that th would apply rezoning and the restrictionspp y to that portion of the area as well. explained that the applicant was moving property rights Mayor Loomis agreed and ex and not includingother sections of the property to include the around on the property estrictions restriction. He stated that there was nothing in the packet that addressed the r on the western side of the property or other portions of the property. 11111 Mayor Loomis opened the public hearing. opposed to the rezoning for the following reasons: they felt The following citizens were pp have 3.3 acre lots. The necessary that it was not and the applicant should be required to allow one individual to gain financially and would be an increase in rezoning would abundant wildlife and %. Theyfelt that the rezoning would also affect the b density of 400 with the preservation. Theyfelt that the area could still bedeveloped the pygmy owl current R1-144 zoning. Theyasked the Council to maintain the current zoning 1 requirements and preserve this area of the Town. • Barbara Craig, 2600 West Limewood Drive. • Jay Kendrick, 12250 North Camino Del Plata. • Connie Ostedt, 12150 North Camino Del Fierro • Rich Landerg ern, 11600 North Vista Del Sol. • Walter Goodwillie, 11600 North Vista Del Sol. Ken Scoville, 701 West Wetmore, thanked the developer for entering into an agreement with the Amphitheater Public School District. Tom Barr, 11865 North Vista del Sol, stated that he was in favor of the development and worked verycloselywith the community and that he agreed that•it that the developer had in was in conformance to the General Plan. He stated that the developer has done everything 06/16/04 Agenda,enda,Council Regular Session 20 unfair. He stated that the and to not do the rezoning would seem according to the plan nd standards set b the Town were very important and should be property rights a Y honored. MOTION: Vice Mayor Abbott moved to DENY Ordinance (0)04-20, OV09-03-25, . rezoning 17.57 acres located on the south side of Tangerine Road near Camino Del Plata and just north of the Wilson School from R1-144 to R1-36. Council Member Dankwerth SECONDED the motion. Discussion: Council Member Gillaspie stated that he felt uncomfortable with denying this and stated that he did not realize that the applicant was working on grading information and with the U.S. Office of Wildlife. He stated that this encompasses a broader area that the Town wouldn't have any control over and at some point in the future changes could be made and the area would not be enforceable. He explained that he would be more in favor of continuing this item to get a better handle on the information, andto perhaps erha s consider the comments made by the public in terms of the impact to the area and the potential change in zoning classification. agreed Loomis a eed and stated that there were an awful lot of items in the request that did not fit togetheryet.et. He stated he did not see the promise and restrictions that the applicant had made to Fish and Game on either of the two (2) properties. He stated that • there was a lot more work to be done before this item was denied. He explained that gn there was significant work that the applicant had to do with the surrounding and other properties as well as any rezoning that had occurred. He neighborhoods, p p suggested that this item be continued for a month and a half or two months to relook at the package to identifywhat the restrictions are and, to look at the property as a whole. He stated that he would like to see some sort of clustering proposal that might provide significant protection to the west. Council Member Parish asked that the applicant speak to the homeowners that signed the petition and try to work something out with them. Mayor Loomis, Vice Mayor Abbott stated response to y that she felt very strongly and could not withdraw her motion at this time. She explained that there were very few areas within the Town that were zoned R1-144, and she felt that it was a lifestyle that the Town protect. explained trying to She ex lained that because there was a lot of vacant land " the property it had the potential of having a "domino affect" and would place surrounding p p Y ch as all the land in the area in jeopardy. She believed that there were other issues su wildlife and the owls as well. Also, she had concerns with the development plans encroaching into the conservation easement. MOTION failed 1-6, with Vice Mayor Abbott in favor. MOTION. • Council Member Dankwerth moved to continue this item to August 4, 2004. Council Member Parish SECONDED the motion. 06/16/04 Agenda,Council Regular Session 21 that Council would have the opportunity to further review this Mayor Loomis explained action taken in August would be at the discretion of the Council to 4110 case and that the g either deny or approve. He hoped that better information would be provided of the surrounding community unit as well as the restrictions that would be placed on the property. MOTION carried, 6-1, with Vice Mayor Abbott opposed. 10. DISCUSSION AND POSSIBLE ACTION APPROVING THE PURCHASE OF AN 8.96 ACRE PARCEL OF REAL PROPERTY LOCATED AT ORACLE ROAD AND CALLE CONCORDIA (PIMA CO. ASSESSOR'S NO. 225-11-2960) FOR FUTURE TOWN FACILITES AND DIRECTING THE TOWN MANAGER TO PREPARE AND DELIVER TO COUNCIL FOR APPROVAL A WRITTEN PURCHASE AGREEMENT BY JULY 7, 2004 MOTION: Council Member Dankwerth moved to continue this item to the next meeting. . She stated that p it was far too important to decide at this hour and requested that it be the first topic agendaJuly on the of 7th, 2004. Council Member Parish seconded the motion. Motion carried, 7-0. ADJOURNMENT MOTION. Mayor• a or Loomis moved to ADJOURN the meeting at 1:45 a.m. Motion carried, 7-0. IMO Respectfully submitted, d Linda Hersha, Secretary II of that the foregoing minutes are a true and correct copy of the minutes I hereby certify g g of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held z on the 16th dayof June 2004. I further certify that the meeting was duly called and held and that a quorum was present. this , 2004. Dated �/ day of (f4 , { Kath 4 n E. Cuvelier, CMC Town Clerk r TOWN OF ORO VALLEY STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: June 16, 2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Robert Conant, Planner 11 SUBJECT: PUBLIC HEARING — ORDINANCE NO. (0) 04-20 , OV9-03-25, PLANNING RESOURCES, REPRESENTING DEVELOPMENT SITES LTD., REQUEST A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (RESIDENTIAL WITH 36,000 S.F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF THE WILSON SCHOOL, PARCEL 224-110-190 OWNERSHIP: Rick Sathre, President Development Sites LTD 10260 N. Krauswood Lane Oro Valley, AZ 85737 AGENT: Carl Winters, Principal Planning Resources 270 N. Church Avenue Tucson, AZ 85701 Fax 628-7637 PETITIONER'S PROPOSED USE AND STATED REASON FOR THE REQUEST: The applicant states that the rezoning would allow the development of 20 single-family lots on the 17.57 acres consistent with the General Plan. BACKGROUND: property, the is undisturbed desert with a wash traversing the site north to south. The topography of the site is relatively flat and the vegetation on the site includes Mesquite, Saguaros, Palo Verde and Barrel Cactus. SURROUNDING LAND USES: Orientation Zoning Land Use North R1-144 Vacant Residential South R1-144 Wilson School East R1-144 Residential West R1-144 Vacant Residential • E TOWN OF ORO VALLEY OWN COUNCIL STAFF REPORT Page 2 SCHOOL IMPACTS: Correspondence from Ampi School District indicates the following as related to this rezoning: Students Generated Capacity Cumulative Enrollment _ By this Rezoning with this proposal Wilson School K-5 9 750 _ 661 Wilson School 6-8 4 800 782 H S Ironwood4 2250 1657 informationSchool District. The applicant has reached an agreement generated above is from the Amphi p The with the school district for a voluntary school contribution. TENTATIVE DEVELOPMENT PLAN: for the site is in conformance Tentative Development Plan (TDP) submitted with the requirements of the • Tangerine Road Corridor Overlay District (TRCOD), Design Guidelines Riparian Habitat Overlay District, the p and other provisions of the OVZCR. orridor Overla District, Bufferyards and Viewsheds: Fangerine Road C y ' requires a fifty footsetback from Tangerine Most notably, the Tangerine Road Corridor Overlay District q setback to the house. Furthermore, building height within 100 Road as a natural buffer and a thirty (30') foot feet of Tangerine Road is limited to 18 feet. The TDP conforms to the provisions of the overlay district. Riparian Habitat Overlay District: project respects the riparian The TDP for the habitat as a conservation easement to be maintained and protected • into the riparian area as provided for in the OVZCR. Staff by the homeowners association. The lots are platted has added a condition on to ensure that the riparian area is protected as follows: Permanent, view fencing shall be installed along the fifteen (15') foot riparian apron, except where wash access is provided in common areas. Topography Impacts: site of 3.02%. Each lot will be custom graded within the The is relatively flat with an average cross slope ° • on the lots. The goal will be to maintain 30% of the site as open space. in order to preserve vegetation project Wildlife and Vegetation Impacts: Arizona Fish and Game has indicated that cactus ferrug pygmy inous owls have been documented as occurring in . indicates that a single male owl does live near, but not on the the project area (3-mile buffer). The USFWS gp � of the USFWS which developer has agreed to abide by the recommendationsproJect site. The include: TOWN OF ORO VALLEY A OWN COUNCIL STAFF REPORT Page 3 • Site disturbance less than 30% • Protection of vegetation along watercourses Preservation• vegetation of existing throughout the project in continuous swathes rather than isolated patches. The above has been incorporated into the site analysis and tentative development plan for this project. Traffic Impacts: the proposed subdivision would be through a single local street intersecting with Tangerine Road. Access to p p d traffic created by the proposed subdivision would be incorporated into the area highway network by Increase p p installing a westbound left turn lane and an east bound deceleration lane at the intersection of the local road and Tangerine. An additional 100-foot dedication of right-of-way will be required for the future Tangerine Road expansion. Grading Impacts: grading permit A type 2 is required to construct streets, utilities and drainage improvements. Each custom Traded lot will require a type one grading permit to grade the buildable area of the lot. Drainage Impacts: Existing drainage draie from the north to south will be maintained. Onsite drainage will be conveyed to the existing g wash by street flow and sidewalk scuppers that will discharge to constructed drainage channels. Detention will beprovided so that post development runoff rates will not exceed the pre-development runoff. Recreation and Trails Impacts: The OVZCR requires theapplicant to provide one acre of recreation area per 85 dwelling units. The applicant qin-lieu agreed, because of the relativelysmall number of lots and corresponding recreation area, that an in-lieu fee � � would be more appropriate. The in-lieu fee is provided for in the OVZCR Section 4-305 F 5. The fee will be p used to upgrade helpenlarge recreation areas elsewhere in the Town. Parks and Recreation and Police p� or g support the use of in lieu fees for this project. Police: The Police Department has reviewed the Tentative Development Plan and expressed concern that there be adequate barriers to the school site south of the project and that they have access through the gate at the mtrance. The issue of adequate barriers for the school site will be addressed at the time of the Preliminary Plat. A key p ad with a code for the Police and Fire Departments will be provided. The developer or builder at the time of construction will consult with both the Police Department and Fire Department on the appropriate programming for access by emergency vehicles. TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Pane 4 Water Impacts: The Oro ValleyWater Utilitywill serve the project and information on water impacts has been included in the site analysis. The average daily demand will be 137 gallons per person per day and the total demand will be y g 8,220per gallonsday.da . The developer will be required to pay for the infrastructure improvements which will consist of the extension of a 12-inch main from the Assembly of God Church property on the north side of Tangerine Road to the project site. Sewer Impacts: The site will be served by public sewer and connection will be made to an existing 8-inch main in Glover Road. The applicant is currently in negotiation with the Amphi School District to obtain an easement across the Wilson School property to the project site for sewer purposes. GENERAL PLAN CONFORMANCE: Staff has evaluated this rezoning proposal against the General Plan Land Use Plan and Policies, and finds that overall the proposal conforms to the General Plan based on the following: Land Use: The General Plan land use map designates this property as Low Density Residential 1.3 to 2.0 dwellings per gross acre. The proposal is for a density of 1.1 dwelling units per gross acre. Natural Resources: Policy 8.1G states that "indigenous (native desert) vegetation and riparian habitats should be maintained and enhanced where possible." The proposed project protects the sensitive riparian area by preserving most of the significant vegetation. The developer is integrating natural open space within the p g � development to promote openness. Parks, Open Space and Recreation: Policy 6.2B states that "open space preservation shall be used as a P criterion in deciding the approval or denial of land use rezoning proposal." This proposal preserves 2.9 acres of undisturbed open space consisting of riparian habitat which is the wash traversing the area. Cultural and Historic Resources: Policy 10.2A requires "cultural resources surveys for all new development where evidence of cultural/archaeological resources is found." The site has not been surveyed; however, based on inspections conducted by the University of Arizona in 1981 and 1987, archeological sites are known to exist on the property and the Arizona State Museum indicates "the probability for additional site's on this property is high." The museum recommends a professional archeological surface inspection of the entire property to assess the condition of the known sites. Staff is recommending a condition that such a survey be completed and approved by the Arizona State Museum prior to any ground modification (grading). If any archeological resource is found during grading, all work will stop and the appropriate agencies will be contacted. NOTICICATION: All property owners within 600 feet have been notified of this proposed rezoning. Furthermore, the property wasp osted in accordance with State Statute and the OVZCR. Neighborhood meetings were held on October 28, 2003 and February 10, 2004. TOWN OF ORO VALLEY [OWN COUNCIL STAFF REPORT Page 5 • Eight neighbors were present on October 28 and eleven were present on February 10. • The neighbors concerns were maintaining Vista del Sol to the west as a private road. Research has found that Vista Del Sol is a public right-of-way easement from Tangerine Road to the southern property line of this property • That there are sufficient setbacks from the properties to the east. Sufficient setbacks (OVZCR requires a minimum 40-foot setback) will be maintained to the east. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission on May 4, 2004 voted by a majority (4-0) to recommend approval subject to the conditions in Exhibit A. RECOMMENDATION: It is recommended that the Town Council adopt Ordinance (0) 04- 20 OV9-03-25, rezoning 17.57 acres located on the south side of Tangerine Road near Camino Del Plata and just north of the Wilson School from R1-144 to R1-36, subject to the conditions listed in Exhibit A. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following suggested motions: I move to adopt Ordinance (0) 04-20 , OV9-03-25, rezoning 17.57 acres located on the south side of Tangerine Road near Camino Del Plata and just north of the Wilson School from R1-144 to R1-36 subject to the conditions listed in Exhibit A, attached herewith. OR I move to adopt Ordinance (0) 04-20 , 0V9-03-25, rezoning 17.57 acres located on the south side of Tangerine Road near Camino Del Plata and just north of the Wilson School from R1-144 to R1-36 subject to the conditions listed in Exhibit A attached herewith and the following added condition(s): OR I move to deny Ordinance (0) 04-20 , 0V9-03-25, rezoning 17.57 acres located on the south side of Tangerine Road near Camino Del Plata and just north of the Wilson School from R1-144 to R1-36 finding that: TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 6 Attachments: 1. Ordinance (0) 04-20 2. Exhibit A 3. Site Analysis 4. Tentative Development Plan 1' Pla IlErt Zon. Administrator Co unity Dev lopment Director / / e_ Town Manager ORDINANCE NO. (0) 04-20 AN ORDINANCE AMENDING THE TOWN OF ORO VALLEY ZONING MAP BY REZONING THE PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF THE WILSON SCHOOL FROM R1-144 (SINGLE FAMILY RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (SINGLE FAMILY RESIDENTIAL WITH 36,000 S.F. LOT MINIMUM) AND REPEALING ALL ORDINANCES IN CONFLECT HEREWITH WHEREAS, that certain real property located on the south side of Tangerine Road near Camino Del Plata and just north of the Wilson School, containing 17.57 acres and further described by the map attached to and made part of this Ordinance, is currently zoned RI-144 in the Town of Oro Valley; and WHEREAS, an application requesting that the property be rezoned to R1-36 has been filed with the Town; and WHEREAS, the Planning and Zoning Commission, having considered said application and request at a duly noticed public hearing in accordance with State Statute and having made its recommendation to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested rezoning at a duly noticed P ublic hearingand finds it is consistent with the Town's General Plan and Ordinances. NOW, THEREFORE BE IT ORDAINDED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1: That certain real property located on the south side of Tangerine Road near Camino Del Plata and just north of the Wilson School and further described by the map attached to and made part of this Ordinance is hereby rezoned RI-36 (Single Family Residential) subject to those conditions, stipulations, plan for development and all other conditions of approval as specified in Exhibit A attached hereto. SECTION 2: That all ordinances and parts of ordinances in conflict herewith be 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. MayorAS SED AND ADOPTED bythe Ma and Town Council of the Town of Oro Valley, Arizona, this 16th day of June, 2004. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Mark J. Langlitz, Town Attorney ' • EXHIBIT A CONDITIONS OF APPROVAL OV9-03-25 1. All Standard Conditions for Non-PAD Rezonings must be adhered to (attached). 2. The developer er and/or owner of record shall enter into an agreement with the Town of Oro Valley for payment of an in-lieu fee for parks and recreation. g 3. All dwellings units in the subdivision shall be limited to single-story and eighteen (18') feet. 4. All lots p adjacent to riparian areas shall provide a minimum 10,000 square feet of gradable area with 12,000 square feet preferred. 5. A homeowners' association shall be formed for the subdivision, which shall be charged with preservation of the protected riparian habitat in an undisturbed state. p 6. The CC&R's shall stipulate that the garages constitute no more than 50% of the front façade of the house ant that garages shall not project more than five (5') feet in front of the house. 7. Adequate barriers to intrusion onto and entering the school shall be shown on the Preliminary Plat prior to hearing by the Development Review Board. 8. Section 3-104 AValleyZoning J 4 j 2 c of the Oro Code; provide school bus stops and turnaround or include in the letter from the school district stating that they are not needed. 9. Section 3-104 A 4 j 2 d of the Oro Valley Zoning Code; provide a letter from the school district indicating review of, and concurrence with, the proposed student walk paths and school bus provisions. 10. Tentative Development Plan a. Show approximate design of west bound left turn lane and east bound deceleration lane on Tangerine Road. b. 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(7 W . t ; o a,. rn aDD 0 N D om 73mX2;0 ! •• Z`— =2 D < m 7373 1rt7; 5-0N O O LPESCE`�TAI.4 -j •� "~ 73 T1 O r ,7?): O x.�Z ?1 : I E ....- Mi rni <T, ' N •J.... -' - ' • - - ' . ---H.,,,. , Li: ,, ,, 1 0 () 9 t; '-'s'Ssi- "H1 , !! ""''',..f: ;13-..--' z2 • ;�1 m G) z D 0® , m m a , w 71 mil o C 7J O .;,,,.1O rn 1N .r.S m Z _-I .. . I y.O o � -nI _ .o � -nob2 DOX �° � ^ � b w -1 > mG)o .o� = N� w� > 0corn TOWN OF ORO VALLEY 6 Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 09/08/04 TO: HONORABLE MAYOR AND COUNCIL FROM: MARK LANGLITZ, TOWN ATTORNEY SUBJECT: DISCUSSION AND POSSIBLE ACTION TO ACCEPT PETITIONS PRESENTED BY STOP O.V. OUTRAGEOUS GIVEAWAYS PERTAINING TO ECONOMIC DEVELOPMENT AGREEMENT REFERENDUMS PER ARIZONA REVISED STATUTES, TITLE 19 This item was placed on the Council's Agenda for the August 18, 2004 Regular Meeting SUMMARY: byVice Mayor Abbott and Council Member Carter and was continued to this date. The item was continued in y . . . . . anticipation of the Council receiving written legal opinions from outside counsel. p RECOMMENDATION: Due to the Superior Court Action which is currently pending on this issue, it is recommended that this item be continued indefinitely. SUGGESTED MOTIONS: I move to continue this item indefinitely. ---IiP Mark Langlitz Town Attorney