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Home My WebLink AboutPackets - Council Packets (1319) **AMENDED (3/18/02; 4:30 P.M.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 20, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 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)(03) discussion and/or consultation with the Town Attorney for Legal Advice related to: a) The Rancho Vistoso Neighborhood 12 rezoning by the Pima County Board of Supervisors (Co9-01-42 Stone Canyon, L.L.C. — Rancho Vistoso Blvd. rezoning); b) The Town of Oro Valley Proposition 401 referendum; c) Rancho Vistoso Neighborhood 11 PAD; and d) related matters. 2. **Pursuant to ARS 38-431.03 A(3) and/or A(4) discussion and/or consultation for legal advice with the Town Attorney relating to Tortolita v. the Town of Oro Valley, Case No. C-328365 (Annexation Case); City of Tucson, Town of Oro Valley v. Pima County, Town of Tortolita, and Casas Adobes, Case No. C-320926 (Incorporation Case); Aspen Green, Neale Allen, Jon Michael, Dorita Brady, Wallace L. Craig, Judy Lester v. City of Tucson, Town of Marana and Town of Oro Valley, Case No. CIV 98-456 TUC-RCC RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The may Mayor and Councilconsider and/or take action on the items listed y below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING Session 2Council 03/20/02 Agenda, Regular — At this time, anymember of the public is allowed to CALL TO AUDIENCE address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the Town Manager to review the matter, ask that the matter be placed og n a future agenda, or respond to comments made by speakers. However, the Mayor and Council maynot take legal action on matters raised during "Call to Audience." Anyitems must be addressed to the whole Council, not a specific member. 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 — 02-25-02; 03-06-02 B. Building Safety Activity Report— February 2002 C. Coyote Run Monthly Report— February 2002 D. Economic Development Activity Report— February 2002 E. Finance Report— January 2002 F. Police Report— February 2002 G. Public Information Report— February 2002 H. Resolution No. (R)02-22 Adopting the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy Lots, OV12-01-07 Pusch Ridge Vistas Final Plat for 31 Single-Family L , (Located on the southside of Naranja Drive, West of Water Plant 18, Parcels 22428001J and 22428001P) J. Resolution No. (R)02-23 Project No. OV30 01/02-17 Award of contract to Falcone Brothers and Associates, Inc. for construction of a secured parking lot for the Oro Valley Police Department K. Approval of request to sponsor a Town Hall meeting with District 12 pp State Legislators in the Town Council Chambers, 11,000 N. La Canada Drive, on Thursday, April 11, 2002 from 7:00 p.m. to 8:30 p.m. L. Appointment of Melanie Larson as the Chamber of Commerce representative and Andrew Shedlock as the CDO High School representative to the General Plan Update 2020 Steering Committee 2. PRESENTATION OF CERTIFICATES TO THE 2002 GRADUATES OF THE SIXTH ANNUAL ORO VALLEY CITIZEN PLANNING INSTITUTE 3. RESOLUTION NO. (R)02-24 DECLARING AND ADOPTING THE RESULTS OF THE BALLOT BY MAIL PRIMARY ELECTION HELD ON MARCH 12, 2002 4. ANNEXATION PUBLIC HEARING — IN ACCORDANCE WITH ARS 9- 471(A) -471 A — REGARDING APPROXIMATELY 654.7 ACRES OF UNINCORPORATED TERRITORY LOCATED DIRECTLY SOUTH OF THE TOWN BOUNDARIES; BORDERED GENERALLY BY THE EXISTING TOWN LIMITS ON THE NORTH, NORTHERN AVENUE ON 03/20/02 Agenda, Council Regular Session 3 T NORTH FIRST AVENUE ALIGNMENT ON THE EAST, AND THE WEST, SUFFOLK HILLS DRIVE ON THE SOUTH 5. PUBLIC HEARING - ORDINANCE NO. (0)02-06 RELATING TO MAINTENANCE OF TRAFFIC CONTROL DEVICES BY THE TOWN ENGINEER; AMENDING ORO VALLEY TOWN CODE ARTICLE 11-3, "TRAFFIC CONTROL"; REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Explanation: This ordinance designates the Town Engineer to place and maintain the traffic control devices with the concurrence of the Chief of Police. Such devices shall bep laced in accordance with the most recently adopted edition of the manual on Uniform Traffic Control Devices, sound engineering practices and Arizona State Law. 6. PUBLIC HEARING — ORDINANCE NO. (0)02-07 RELATING TO THE OMNIBUS CRIMINAL CODE REVISION WHICH COMPLIES WITH A NUMBER OF REGULATIONS FOR VARIOUS CRIMINAL VIOLATIONS NOT ALREADY INCLUDED IN THE ORO VALLEY TOWN CODE; SPECIFYING ENFORCEMENT MECHANISMS OF SUCH VARIOUS OFFENSES; AUTHORIZING ADDITIONAL SECTIONS TO THE ORO VALLEY TOWN CODE CHAPTER 10, "OFFENSES," BY REFERENCE; AND PROVIDING FOR PENALTIES THEREOF; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Explanation: The Omnibus Criminal Code addresses various situations for which no ordinance currently exists in the Oro Valley Town Code to prohibit activities believed undesirable. By amending Chapter 10, Offenses of the Oro Valley Town Code, the Town will be able to regulate and/or prohibit the activities in these circumstances. 7. PUBLIC HEARING — ORDINANCE NO. (0)02-08 OV7-00-02 AMENDING CHAPTER 11 OFF-STREET PARKING AND OFF-STREET LOADING BY DELETING SAID CHAPTER IN ITS ENTIRETY AND INSERTING A NEW CHAPTER 27 GENERAL DEVELOPMENT REGULATIONS SECTION 27.6 OFF-STREET PARKING AND 27.7 OFF-STREET LOADING, AND AMENDING ALL REFERENCES TO CHAPTER 11 WITHIN THE ORO VALLEY ZONING CODE REVISED, AMEND CHAPTER 2 DEFINITIONS, CHAPTER 9 CONDITIONAL USE REGULATIONS AND AMEND ARTICLE 16-1 DESIGN GUIDELINES WITHIN THE ORO VALLEY ZONING CODE REVISED Explanation: Revisions to Chapter 11 include making use of standards relating to the number of parking spaces required for a development. Reduce the Session 4Council 03/20/02 Agenda, Regular categories for parkingratios. Develop criteria for shared number of parking. Remove all details relating to Landscaping and Lighting for insertion intoLighting the Landscape and Li Codes. Create an alternative compliance section and establish improvement standards for parking lots. 8. PUBLIC HEARING — ORDINANCE NO. (0)02-09 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO THE EXTENSION OF TIME FOR PRELIMINARY PLAT APPROVALS; AMENDING ORO VALLEY ZONING CODE REVISED SECTION 4-312, "SIGNIFICANCE AND BASIS OF PRELIMINARY PLAT APPROVALS;" REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY Explanation: ordinance would permit the Town Council discretion to grant a total of This 18 months additionalp lat extensions. The effect of this change is to permit the Council greater discretion in the management of preliminary plats. 9. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING THE RECOMMENDED ACTION ASSOCIATED WITH PHASE I (NON- POTABLE) ALTERNATIVES FOR THE USE OF RENEWABLE WATER SUPPLIES WITHIN THE TOWN OF ORO VALLEY Explanation: The Water UtilityCommission is recommending that the Mayor & Council adopt Option (extension of Tucson Water's reclaimed water system) as B the preferred alternative for implementing Phase I of the Town's Renewable Water Resources Plan. TOWN MANAGER'S REPORT 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 mayask the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised y C during "Call to Audience." Anyitems must be addressed to the whole Council, not p a specific member. In order to speak during "Call to Audience", please specify whatY ou wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 03/15/02 AMENDED AGENDA POSTED: 03/18/02 4:30 p.m. 4:30 p.m. lh lh 03/20/02 Agenda, Council Regular Session 5 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. of Oro Valleycomplies with the Americans with Disabilities Act (ADA). The Town If any person with a disabilityneeds any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. INSTRUCTIONS TO SPEAKERS Members of thepublic have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action bythe Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. IfY ou wish to address the Town Council on any item(s) on this agenda, please p a complete speaker card located on the Agenda table at the back of the room p andg ive 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 p "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 onlyon the issue currently being discussed by Council. Please p organize your speech, you will only be allowed to address the Council g 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 MARCH 20, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 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 Pursuant to ARS 38-431.03(A)(03) discussion and/or consultation with the Town Attorney for Legal Advice related to: a) The Rancho Vistoso Neighborhood 12 rezoning by the Pima County Board of Supervisors (Co9-01-42 Stone Canyon, L.L.C. — Rancho Vistoso Blvd. rezoning); b) The Town of Oro Valley Proposition 401 referendum; and c) related matters. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The may Mayor and Councilconsider and/or take action on the items listed y 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 the Town Manager to review the matter, ask that the matter bep laced on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify whatY ou wish to discuss when completing the blue speaker card. 0 0 0 g 03/20/02 Agenda, Council Regular Session 2 1. CONSENT AGENDA and/or ossible action) (Consideration p A. Minutes — 02-25-02; 03-06-02 B. Building Safety Activity Report— February 2002 C. Coyote Run Monthly Report— February 2002 D. Economic Development Activity Report— February 2002 E. Finance Report— January 2002 F. Police Report— February 2002 G. Public Information Report— February 2002 H. Resolution No. (R)02-22 Adopting the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy I. OV12-01-07 Pusch Ridge Vistas Final Plat for 31 Single-Family Lots, (Located on the southside of Naranja Drive, West of Water Plant 18, Parcels 22428001J and 22428001P) J. Resolution No. (R)02-23 Project No. OV30 01/02-17 Award of contract to Falcone Brothers and Associates, Inc. for construction of a secured parking lot for the Oro Valley Police Department K. Approval of request to sponsor a Town Hall meeting with District 12 State Legislators in the Town Council Chambers, 11,000 N. La Canada Drive, on Thursday, April 11, 2002 from 7:00 p.m. to 8:30 p.m. L. Appointment of Melanie Larson as the Chamber of Commerce representative and Andrew Shedlock as the CDO High School representative to the General Plan Update 2020 Steering Committee 2. PRESENTATION OF CERTIFICATES TO THE 2002 GRADUATES OF THE SIXTH ANNUAL ORO VALLEY CITIZEN PLANNING INSTITUTE 3. RESOLUTION NO. (R)02-24 DECLARING AND ADOPTING THE RESULTS OF THE BALLOT BY MAIL PRIMARY ELECTION HELD ON MARCH 12, 2002 4. ANNEXATION PUBLIC HEARING — IN ACCORDANCE WITH ARS 9- 471(A) — REGARDING APPROXIMATELY 654.7 ACRES OF UNINCORPORATED TERRITORY LOCATED DIRECTLY SOUTH OF THE TOWN BOUNDARIES; BORDERED GENERALLY BY THE EXISTING TOWN LIMITS ON THE NORTH, NORTHERN AVENUE ON THE WEST, NORTH FIRST AVENUE ALIGNMENT ON THE EAST, AND SUFFOLK HILLS DRIVE ON THE SOUTH 5. PUBLIC HEARING - ORDINANCE NO. (0)02-06 RELATING TO MAINTENANCE OF TRAFFIC CONTROL DEVICES BY THE TOWN ENGINEER; AMENDING ORO VALLEY TOWN CODE ARTICLE 11-3, "TRAFFIC CONTROL"; REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH • g 03/20/02 Agenda, Council Regular Session 3 Explanation: This ordinance designates the Town Engineer to place and maintain the traffic control devices with the concurrence of the Chief of Police. Such devices shall bep laced in accordance with the most recently adopted edition of the manual on Uniform Traffic Control Devices, sound engineering practices and Arizona State Law. 6. PUBLIC HEARING — ORDINANCE NO. (0)02-07 RELATING TO THE OMNIBUS CRIMINAL CODE REVISION WHICH COMPLIES WITH A NUMBER OF REGULATIONS FOR VARIOUS CRIMINAL VIOLATIONS NOT ALREADY INCLUDED IN THE ORO VALLEY TOWN CODE; SPECIFYING ENFORCEMENT MECHANISMS OF SUCH VARIOUS OFFENSES; AUTHORIZING ADDITIONAL SECTIONS TO THE ORO VALLEY TOWN CODE CHAPTER 10, "OFFENSES," BY REFERENCE; AND PROVIDING FOR PENALTIES THEREOF; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Explanation: The Omnibus Criminal Code addresses various situations for which no ordinance currently exists in the Oro Valley Town Code to prohibit activities believed undesirable. By amending Chapter 10, Offenses of the Oro Valley Town Code, the Town will be able to regulate and/or prohibit the activities in these circumstances. 7. PUBLIC HEARING — ORDINANCE NO. (0)02-08 OV7-00-02 AMENDING CHAPTER 11 OFF-STREET PARKING AND OFF-STREET LOADING BY DELETING SAID CHAPTER IN ITS ENTIRETY AND INSERTING A NEW CHAPTER 27 GENERAL DEVELOPMENT REGULATIONS SECTION 27.6 OFF-STREET PARKING AND 27.7 OFF-STREET LOADING, AND AMENDING ALL REFERENCES TO CHAPTER 11 WITHIN THE ORO VALLEY ZONING CODE REVISED, AMEND CHAPTER 2 DEFINITIONS, CHAPTER 9 CONDITIONAL USE REGULATIONS AND AMEND ARTICLE 16-1 DESIGN GUIDELINES WITHIN THE ORO VALLEY ZONING CODE REVISED Explanation: Revisions to Chapter 11 include making use of standards relating to the number of parking spaces required for a development. Reduce the number of categories for parking ratios. Develop criteria for shared parking. Remove all details relating to Landscaping and Lighting for insertion into the Landscape and Lighting Codes. Create an alternative compliance section and establish improvement standards for parking lots. 8. PUBLIC HEARING — ORDINANCE NO. (0)02-09 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO THE EXTENSION OF TIME FOR PRELIMINARY PLAT APPROVALS; AMENDING ORO VALLEY ZONING CODE REVISED SECTION 4-312, g 03/20/02 Agenda, Council Regular Session 4 "SIGNIFICANCE AND BASIS OF PRELIMINARY PLAT APPROVALS;" REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY Explanation: This ordinance wouldp ermit the Town Council discretion to grant a total of 18 months additional plat extensions. The effect of this change is to permit the Council greater discretion in the management of preliminary plats. 9. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING HE RECOMMENDED ACTION ASSOCIATED WITH PHASE I (NON- POTABLE) ALTERNATIVES FOR THE USE OF RENEWABLE WATER SUPPLIES WITHIN THE TOWN OF ORO VALLEY Explanation: The Water Utility Commission is recommending that the Mayor & Council adopt Option B (extension of Tucson Water's reclaimed water system) as thep referred alternative for implementing Phase I of the Town's Renewable Water Resources Plan. TOWN MANAGER'S REPORT 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 the Town Manager to review the matter, ask that the matter bep laced on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 03/15/02 4:30 p.m. Ih Ap acket 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 Kathryn Cuvelier, Town Clerk, at 229-4700. g 03/20/02 Agenda, Council Regular Session 5 INSTRUCTIONS TO SPEAKERS Members of thep ublic have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for g consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. Ify ou wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room andg ive 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. MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION FEBRUARY 25, 2002 HOPI ROOM—DEVELOPMENT SERVICES BUILDING 11,000 N. LA CANADA DRIVE STUDY SESSION—AT OR AFTER 5:00 PM CALL TO ORDER 5:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor(Arrived at 5:45 p.m.) Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member 1. ANNUAL EMPLOYEE FORUM Mayoremployees.Loomis welcomed the Town em to s. e stated that he felt that the Annual Employee Forum was a great opportunity for the Council to hear from the employees regardingneeds. ds. their e Human Resources Director Jeff Grant explained that the Town's s Personnel Polices and an Annual Employee Forum for Town Procedures, Policy No. 29, providesemployees to meet with member of the Town Council to discuss employee suggestions regarding policies, compensation,benefits, etc. Mike Stevenson, Police Officer representing the FOP (Fraternal Order of Police,) p g distributed handouts to the Council. He expressed concerns regarding "sick leave buy back." He explained that after last year's negotiations, it was clear to the members of the negotiation committee that the amount of time accrued above 480 hours would be bought back at 50%upon separation of service from the Town. He stated that this was not being reflected in the new Town Policies and Procedures. Officer Stevenson also stated that there were discrepancies on various documents regarding the number of hours with one stating 720 hours, another 480 hours and another 90 days. He asked that Human Resources follow up on the agreement from the last two years and make the necessary corrections to reflect the 480 hours of sick time payout at 50%upon separation of service. Council Member Wolff stated that this has been a problem for the past four to five years and he felt that the Council should direct Mr. Grant to clarify the discrepancies. Bob Easton, Professional Development Administrator at the Police Department, stated that he works with the employees on such items as career planning, education enrichment, financial issues, retirement plans, etc. He explained that concerns had been expressed regarding the retirement plan for non-police employees. He asked that the 02/25/02 Minutes,Town Council Study Session 2 Town look into the Arizona State Retirement System (ASRS) verses the Town's current retirement plan (401A.) Mr. Easton explained that the issue has been brought discussed at Employee Focus Groupmeetings. Many employees are interested in a comparingson being conducted between the twop lans. Tom Buvik, Police Officer, asked that the Councila close p y attention to information that would be provided to them regarding retirement benefits when they are considering the next fiscal year's budget. Council Member Wolff stated that these items were important to the ' . p employees. He said that a comparison study should be conducted by the Human Resources Department within in the next ninety days and presented p to the Council so that the can understand what would be the best for the employees and the TY own. Mayor Loomis suggested that a workshop be set up with the experts from the different organizations regarding the retirement plan in which the benefits of eachro ram could be identified. p g Town Manager Chuck Sweet stated that he felt that a meetingcould ' be coordinated with representatives from the Arizona State RetirenlSystem and from the Town's current . retirement plan (ICMA) to meet and discuss the pros and cons of both plans. He also suggested that backgrouninformation be present that explains how the Town adopted its current retirement plan. In response e to a ue i st on from ons:; ou + ��M r q Member Rochman, Mr. Grant explained that the current plan i s a 4 01 A plan itis self directed. He also explained that the ASRSplan ' p is a defined benefit plan in which the State chooses the investments. Item#3 was moved forward on the Agenda. 3. UPDATE ON HEALTH CARE CONSORTIUM Human Resources Director Jeff Grant reviewed the Council Communication and reported that at the request of the Councipl, he had met with several representatives of other southern Arizona governmental jurisdictions to explore the viability of a healthcare purchasing consortium. He explained that representatives of the City of Tucson, Pima County, Pima Community College, g the Town of Marana, the Town of Sahuarita the City of South Tucson and Oro Valley were originally represented at the meetings. A consulting firm (William Mercer) was contacted to assist the group in exploring p g recommendations for self-funding, development of independent networks, third party Y administrators, etc. Mr. Grant explained that by the last meeting in November, the only entities that remained interested in the plan for the next fiscal year were Oro Valley and Marana. In response to questions from Mayor Loomis, Mr. Grant explained that he does not foresee any legal problems with Oro Valley and Marana working together ether on healthcare 02/25/02 Minutes,Town Council Study Session 3 group arrangements but the Town Attorney would pursue that further. He then stated that g he did not feel recommendations for an arrangement with Marana would be ready for approval for this fiscal year's budget. 2. REVIEW OF ACTUARIAL ANALYSIS a. Retiree Health Benefits Human Resources Director Jeff Grant reviewed the Council Communication and reported that subsequent to the budget process for fiscal year 2001/02 and negotiations with the q g Fraternal Order of Police (FOP), it was decided that the Town would conduct an actuarial studyto determine the amount of potential actuarial liability if the Town were to institute . a program of post-retirement medical benefits. He explained that the intent was to estimate the annual funding rates for the upcoming years if the Town intended to fund the benefit on an accrual basis. Mr. Grant stated that the firm Actuarial Business Solutions LLC (A.B.S.) was hired to coordinate the process. A.B.S. was also responsible for the medical underwriting and pricing portion of the study:and partnered with Matthews, y, Gold, Kennedy, & Snow who provided the financial valuation component. Radovan Bursac, A.B.S. representative`presented an overview of the financial Mr. p � impact study for implementing a retiree medica plan. He reported that if everyone in the p n vent into retirement today, the liability Town who could retire under the propose piay would be $4,884,162 (Unfunded Actuarial Accrual Liability.) The allowed amortization that the no rural cost ouwould `�' Ie e lamed (what y of that liability would be $425,823. be 1 089 490 which the benefit) would $ whowould earn > expect to pay on the employees would make the annual required;contribution $1,515,313. Mr. Bursac then reviewed the 2000 Retiree Medical Valuation and adjustments for Arizona State RetirementSystem..:. J ys Oro Valley's' plan. He explained that the national trend is for members who participate to p p share the costs with employers: b. Dispatcher Retirement Plan Human Resources Director Jeff Grant reviewed the Council Communication and reported thatper Council direction, a reli.minary actuarial study was conducted to p p determine the estimated cost of participation of the Town's full-time Police Dispatchers in the Arizona Corrections officer Retirement Plan (C.O.R.P.) The firm of Rodwan and Nichols was commissioned to complete the study. He reported that the Rodwan and Nichols report includes an unfunded Actuarial Accrued Liability for the Town of $433,070 in order to fund prior service for the eligible employees. He explained that the ' projected employer contribution schedule has been calculated with the assumption that pro.) the Town would absorb the cost of the unfunded actuarial accrued liability. He stated that staff recommends a legal review of the Town's current benefit plan (401 a) in order to determine if employee fund transfers to the C.O.R.P. plan would be permissible. Mr. Grant further explained that the current 401 a plan is a defined contribution plan and the C.O.R.P. plan is a defined benefit plan. 02/25/02 Minutes,Town Council Study Session 4 Mayor Loomis suggested that this item be added for study at the workshop that is to be held regarding retirement plans. Mayor Loomis recessed the meeting at 6:00 p.m. The meeting resumed at 6:20 p.m. 4. DISCUSSION REGARDING INTERGOVERNMENTAL AGREEMENT FOR • OPERATION AND MAINTENANCE OF ORO VALLEY PUBLIC LIBRARY Community Development Director Brent Sinclair reviewed the Council Communication and reported that the proposed Intergovernmental Agreement would be a three-way agreement between the Town of Oro Valley, the Tucson Pima Public Libra (TPPL) and . ry the Pima County Free Library District. He explained that the Oro Valle Public Library � would be an affiliate of the TPPL system which would allow it tobe staffed with Oro Valley employees, and managed under Oro Valley personnel and operatingpolicies. He explained that it would also allow the Oro Valley Public Library the abilityto set its own hours of operation as well as conditions of public use,;;;:;::: Mr. Sinclair then reviewed the responsibilities of each entitydefined in p as the Intergovernmental Agreement: 'Pima County Free Library Di strct - ➢ Pay Oro Valley50% of the cost of operation and maintenance p of the library each ryyear. ;:r$rr r:.:... ➢ Payments would e made o Oro Valleyin quarterly q y reimbursements. ures. Tucson Pima Public Libra —. ➢ Provide integrated library service to the Oro Valley Public Library. ➢ ` Provide collection processing services. • Provide computer and telecommunications related services. ➢ Provide circulation services. ➢ Provide courier service between Oro Valley Public Library and other TPPL libraries. Town of Oro Valley— ➢ Hire and manage a full-time staff to operate the library. ➢ Pay the balance of the operations/maintenance costs plus all of the capital cost of the library. ➢ Reimburse TPPL for the cost of providing specified services. Discussion followed regarding the library's operating budget, capping the 50% fundingto TPPL, and documenting the process used for realizing the "true or actual" costs used for reimbursement. 5. DISCUSSION REGARDING THE ALTERNATIVE WATER PROJECT TIMELINE • 02/25/02 Minutes,Town Council Study Session 5 Mike Caporaso, Chair of the Oro Valley Water Utility Commission (WUC), reported that p din the Renewable Water Resources Report for the Town of Oro Valley was complete October of 2000. He stated that since that report was submitted, many evaluations were completed and the Renewable Task Force is forwarding its recommendations regarding p the implementation plan for Phase I (non-potable/turf) and use of alternative (non- groundwater) water supplies to the Town. Mr. Caporaso also reported that a Settlement Agreement has been reached with the City of Tucson which helped Oro Valley obtain an additional Central Arizona Project(CAP) allocation of 4,454 acre-feet, control of the wastewater effluent generated from within the Town's water service area, and a cooperative agreement regarding the delivery of reclaimed water. Mr. p Caporaso then summarized the decisions that led the WUC to recommend the pursuit of delivery of non-potable water to the Town in Phase I. ➢ Settlement Agreement with the City of Tucson ➢ Efforts to develop a regional plan for deliver of CAP water will take many g years to complete and therefore, should still be pursued but take second place over delivery of reclaimed water to the area. ➢ Reclaimed effluent appears toe a good choice for turf irrigation, and thus save CAP water for potable uses(Phase II.) ➢ Need both sources of water(reclaimed effluent and CAP water) to meet projected water demands forthe Town. Town n to consultant�(CH2M-Hill) has been hiredthe➢ An engineering by � l options. study water supply . :::::;: CH2MHil1 consultants om MKee n Ron Williams ms an d Fair r M it ler presented nted an overview of the Non-Potable Turf Distribution System Program, Study and Implementation Plans. PROJECT DRIVERS: ➢ Rapid Growth. ➢ Declining groundwater levels. ➢ Water quality. ➢ Availability of non-potable supplies. o Reclaimed water o CAP water NON-POTABLE SUPPLY-Focus on Reclaimed Water ➢ Executed reclaimed water agreement with Tucson Water. ➢ Renewable Water Resources Utility Commission Subcommittee recommends pursuit of reclaimed water. ➢ Potential access to effluent through a"wheeling" arrangement. ➢ Reviewing capacity of Tucson Water system to deliver reclaimed water to Town and Dove Mountain. o Potential connection at Thornydale Booster Station. 02/25/02 Minutes,Town Council Study Session 6 IMPLEMENTATION ISSUES ➢ Hydraulic restriction for supply. o Current demand in Town vs. future demand in Dove Mountain. ➢ Reclaimed water quality. o Potable vs. reclaimed. ➢ Alignment considerations. o Environmental. o Right-of-way. o Coordinate with planned roadway improvement schedules. BENEFITS OF RENEWABLE SUPPLY ➢ Most golf courses are alreadyplumbed for non-potable water. p ➢ Extending the useful life of groundwater supplies. ➢ Matching quality or water with use. NEXT STEPS IN THE PLANNING PROCESS ➢ Complete hydraulic model; ➢ Complete alignment evaluation. g ➢ Develop conceptual cost estimate. ➢ Estimate reclaimed water rate. • Identify i fy p0 tentla property/easement.�:. . acquisitions. ➢ Conduct additional public workshops top resent results. Discussion followed 1 ow e dr regarding: ar din :: ➢ Whether aparallel1.a r::::: implement.:.:. approach to the supply 1 of reclaimed effluent ;nd CAP water would work or whether moving forward with the reclaimed water supply now and continuing to work on getting CAP water delivered was most feasible. ➢ Further identification of reservoirg um in stations. p p ➢ Acceleration of Phase I of the project. ➢ Continuing to pursue CAP water. ADJOURNMENT MOTION: Council Member LaSala MOVED to ADJOURN at 7:55 .m . Vice Vlce Mayor Johnson SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity, Deputy Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 06,2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER 6:03 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A MOTION was made by Council Member Wolff and SECONDED by Vice Mayor Johnson to go into Executive Session at 6:03 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03 (A)(3) & (A)(4) Discussion or consultation with the Town Attorney for Legal Advice and pending or contemplated litigation relating to Wong Family, L.L.C. v Town ofOro galley, Pima County Cause No. 20005064. 2. Pursuant to ARS 38-431.03 (A)(3)Discussion or consultation with the Town Attorney for Legal Advice relating to Cricket Tel Cell Tower. 3. Pursuant to ARS 38-431.03(A)(3) Discussion or consultation with the Town Attorney relating to Tortolita v. Oro Valley, Pima County Cause No. C328365 and related cases 4. Pursuant to ARS 38-43I03(A)(3) and (A)(4), Discussion or consultation with the Town Attorney for legal advice regarding pending or contemplated litigation relating to Citizens for Open Government v. Town of Oro Valley, U.S. District Court Cause No. CIV 01-393 TUC-FRZ and related signage issues Motion carried, 5 —0. Mayor Loomis announced that in addition to the Town Council, the Town Manager,the Town Clerk and the Town Attorney, Outside Legal Counsel John Hinderaker from Lewis & Roca would be present for Item 4. MOTION: A MOTION was made by Council Member LaSala and SECONDED by Council Member Wolff to go out of Executive Session at 6:50 p.m. Motion carried, 5 — 0. • 03/06/02 Minutes, Council Regular Session g 2 RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:04 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the meetings. CALL TO AUDIENCE No speakers. 1 CONSENT SE N T AGENDA ND A M OT I O N. i V ce Ma or Johnson VE: Y to APPROVE the Consent Agenda as resented. Council Member��Wolff: p + :►1' DED the m _ motion. Motion carried, 5 0. A. Minutes—2-11-02; 2-20-02 B. Resolution No. (R)02-19 ward of Bid for LibraryShelving and Adult Seating to Walsh Brothers iAn the amounts of$107,000 and $3,400 C. OV12-99-18 Approval of Naranja Ridge Estates Final Plat located on the east side of Monte Del Oro Subdivision and abutting the south side of Naranja between La Canada Drive and 1St A venue, Parcel #224280020 D. Resolution No. (R)02-20 Approval of Intergovernmental Agreement between Pima County and the Town of Oro Valley for Development Review for projects located in Pima County and Oro Valley E. Resolution No. (R) 02-21 Declaring as a public record that certain document filed with the Town Clerk and entitled"Uniform Administrative Code, 1997 Edition; Declaring a new Fee Schedule for the Issuance of Various Building Permits and establishing Procedures and Practices to be used in the calculation of Building Permit Fees 2. ANNEXATION PUBLIC HEARING—IN ACCORDANCE WITH ARS 9- 471(A)—REGARDING APPROXIMATELY 788.6 ACRES OF UNINCORPORATED PROPERTY LOCATED DIRECTLY SOUTH OF THE TOWN BOUNDARIES; BORDERED BY HARDY ROAD AND CALLE 03/06/02 Minutes, Council Regular Session 3 CONCORDIA ON THE NORTH, NORTHERN AVENUE ON THE EAST, LA CANADA DRIVE ON THE WEST AND MAGEE ROAD ON THE SOUTH Town Manager Chuck Sweet explained that on December 19, 2001, the Town Council voted to initiate the annexation process for approximately 788 acres of unincorporated ry territo located directly south of the Town boundaries. He reviewed an overhead map p de icting the area and its relationship to the Town's current boundaries. Mr. Sweet p re orted that on February 5, 2002, the Planning and Zoning Commission recommended proceeding with the annexation request. Mr. Sweet then reviewed the annexation process and explained that the annexation process is driven by the signatures of property owners. He reported that for an o annexation to be successful, the signatures must carry at least 51% of the number of property owners in the annexation area and 51% of the assessed value of the annexation area. Mr. Sweet also reported that there are approximately 736 property owners, a population of about 1557 people, and about fifteen miles of roadways in the proposed annexation area. In response to questions from Mayor Loomis,Mr. Sweet explained that March 18, 2002 would be the first date that petitions would be available for signatures. He then explained that if a sufficient number of si natures were obtained, the annexation would come back ' n o to Council in the form of an Ordinance approvingthe annexation. The annexation xat1 effective on the 3 tday after Council approval and the Town ordinance would become e e pp would then begin supplyingall community servicesr. to the he area s such ch a police ice protection,c tio n land planning, road maintenae eetaiso explained thatisf the property becomes part of the Town,theT wn would have up to six months to complete a zoning. The translational translationalgzoning would translate the zoning from Pima County to the nearest equivalent Oro Valley zoning. Mayor Loomis opened the public hearing. The following people expressed concerns, had questions or comments regarding the annexation or stated that they preferred to be in the unincorporated area of Pima County: James Revell, 1221 W. Fir Drive Larry Newman, 9041 N. Calle Loma Linda Glen Pucilowski, 1241 W. Calle Concordia Michael George, 8805 N. Hickory Melody Vittitow, 8921 N. Calle Loma Linda Ken Kroeger, 8720 N. Myrtle Fran VanDeusen, 1164 W. Magee Paul Carter, 1001 W. Cool Drive Virginia Tovar, 8965 N. Marathon Liz Fortune, 600 W. Cool Drive Terry Crandell, 8390 N. Dawn Place Rick Rinehart, 10306 N. Placita Camillia 03/06/02 Minutes, Council Re ular Session 4 g Teresa Balderson, 8260 N. Venus Ct. Some of their questions, comments, and concerns were regarding : > What are the advantages to livig g ng in Oro Valle > Water, garbage and fire servi ? yces. > Horse property rights and zoning. > Would there be property tax increases? > Budget shortfall in Oro Valley? > Why is Oro Valley initiating the annexation? > Who is responsible for the widening of La Canada Drive? > What is the total assessed value of the property in the annexation area? > Improvement to parks in the Town? > Businesses in area relate to Tucson not Oro Valley. > Fiscal and land planning. > What does the annexation area have to offer Oro Valley? y The following spoke in support of annexation citing + asons ' pp such as: Oro Valley is a model town compared to alternatives and is the best alnative, Town staff is Garin and g competent, bad success with the Sheriff s De tment response, and tremendous improvement to areas that werepreviouslye + d p e Mark Lewis, 11 81 0W N M C 0 r p p Butte Mark Rolles,11 e sl 1 5 5 Morning V'. Town staff res onded to neons: p q dncerns that were raised during the public hearing. Explanations included. Il > Police 0 po s�: �meithin 5 minutes, 90% of the time. Police Officers are Peace Officers and have jurisdiction to enforce within the State of Arizona. > Police protection and revention high priority. Pro p g p y grams include Keep Kids Alive-Drive 25, Video I.D. processing, Dark House Program, Citizen Volunteer Assistant's Program (CVAP) among others. > Department of Public Works provides road maintenance, drainage g maintenance, traffic engineering, field operations (such as street clean in , g resurfacing, repair of potholes, etc.) > Water service and private water wells will remain as theyare. The annexation will not change the water providers. > Garbage collection and fire services are not provided b the Town as of y this time. Those services will remain with the current providers. > Horse property issues and concerns will be addressed. Public meeting s g regarding this will be noticed and the public will be heard. The Town will look at what isbest for the Town and the horse owners. > Horse properties that were annexed in the past, maintained the same ratio of horses per square feet as was allowed in Pima County through the translational zoning. 03/06/02 Minutes, Council Regular Session 5 ➢ Town of Oro Valley does not impose local property taxes. Sales tax collections, state shared revenues, gas taxes, lottery ticket sales, p develo ment fees and vehicle registrations provide some of the Town's revenue. ➢ Petition signers can withdraw their signatures up to the time that the Annexation Ordinance is filed with the Council. ➢ Left turn bay on La Canada Drive at Calle Concordia was installed by the Town even though it is not currently in the Town's limits. ➢ The Town is working with Pima County in developing an Intergovernmental Agreement for widening La Canada Drive from Lambert Lane south to Ina Road which is part of the County Bond Project approved by the voters in 1997. ➢ The total assessed value of the property in the proposed annexation area is $83,471,574. ➢ Translational zoning does not change deed restrictions or CC&Rs on property. ➢ Town Council has five members at large.e. They do not represent districts in the Town. ➢ Current annexationolic attempts to eliminate county islands that are p Y surrounded by property,Townattempts to square off town boundaries to make delivery of servicmore manageable and requires a fiscal impact analysis. ls. ➢ There will be many::opportunities for the residents to be part of the process. ➢ Land uses will not change, Lifestyles will l not change an d there will 1l be a greater access to government. ➢ Many people in the proposed annexation area have indicated that they are interested in becoming part of the Town of Oro Valley. Mayor Loomis closed the public hearing. Mayor Loomis recessed the meeting at 8:28 a.m. The meeting resumed at 8:45 p.m. 3. OV5-01-08 APPROVAL OF PUBLIC ART FOR THE ALBERTSONS INLINE SHOPS LOCATED ON THE NORTHEAST CORNER OF FIRST AVENUE AND ORACLE ROAD, PARCEL #2200.90250 Community Development Director Brent Sinclair reviewed the Council Communication and reported that the Albertsons Inline Shops would be located on the northeast corner of p First Avenue and Oracle Road. The public art proposal was submitted by Matthew Moutafis and includes two seating area benches for exterior placement at the proposed inline shops. He explained that the Public Art Review Committee(PARC)reviewed the art and voted to recommend denial of the proposed artwork stating that the two benches would be impractical for the area. Mr. Sinclair stated that staff recommends continuance of the public art and recommends sending it back to the PARC to resolve pending issues. 03/06/02 Minutes, Council Regular Session 6 Mr. Sinclair also explained that the Zoning Code Revised specifies that one ercent p (1%) of the construction costs of a project would be devoted to ublic art. The Code describes the process for approval of the public art and in es p es guidelines for what would and would not be considered as public art. He explained that benches are included aspossible artwork in the Zoning Code. He further explained that benches wereart of a seating � p area that was previously approved as public art for Uno's Pizzeria on Oracle Road. Matthew Moutafis, 10707 N. Pomegranate Drive, Artist, explained that the developer, The Barclay Group, contacted him regarding the design of an artJro'ect for the p Albertson's Inline Shops. He stated that they asked for benches for the area. Mr. Moutafis presented a depiction of the proposed benches and explained that the would incorporate many materials and textures, have a pricklY y pear design and an inlaid tile top. Mr. Moutafis stated that The Barclay Group had specifically asked for benches, liked the design, and are asking that they be approved. David Grigsby, member of the Public Art Review Committee, reviewed the reasons for denial by the PARC. He explained that theuestio. d whether the benches with Y q out backs represented the value that was required toe invested in thep ublic art for the project and do they provide an accommodation that is necessary project for the and has value? They questioned whether the proposal o f:.benches in the stripmall walkway y location was a good location and whether thes set a meanin ful composition relative to what is goingon ::: Y g p around them. Mr. Grigsbytatet that the committee had made some suggestions to the artist that he might inturn suggest to The Barclay Group.. He stated that the PARC felt that the art held no interest,proposal imagination or enthusiasm for the meaning of the /o° 1 for art ordi.; :: ; Discussion followed followed e ardi �j� heer the ordinance was r � p oviding what it was possibility of combinin smaller projects' into one larger originallyintended to':`�` the do, g g one, identifying alternatives for the project, and possibly having the developer and the artist meet with the PARC to work out issues. MOTION: Council Member LaSala MOVED to CONTINUE this item so that the artist, the developer and Public Art Review Committee could work out the issues and then bring it back to Council. Mayor Loomis SECONDED the motion. Discussion followed regarding the fact that the issues are not insurmountable, there are disadvantages to the project because of a multitude of different owners in the Center with it being hard to get commitments from all of them to work together, and resolvingsafety • issues. AMENDMENT TO THE MOTION: Mayor Loomis asked that an amendment be added that directed the PARC to review the Ordinance to come up with recommendations on improving the ordinance and looking at encouraging in-lieu fees that could be used to create larger combined art pieces in place of smaller projects. Council Member LaSala agreed to the amendment. 03/06/02 Minutes, Council Regular Session 7 MOTION AS AMENDED, carried 5 —0. 4. OV12-00-05A PRELIMINARY PLAT FOR RANCHO VISTOSO, NEIGHBORHOOD 7, PARCEL A, LOCATED SOUTH AND ADJACENT TO MOORE ROAD, WEST AND ADJACENT TO HIGHLANDS WASH AND EAST OF VISTOSO RIDGE SUBDIVISION, PARCEL #21953004Z Community Development Director Brent Sinclair reviewed the Council Communication and an overhead map depicting Rancho Vistoso Neighborhood 7, Parcel A. He explained that a Preliminary Plat was originally approved by the Development Review Board (DRB) in June 2001 for 53 single-family residential lots located south and adjacent to Moore Road. The property was sold to Canada Vistas who has redesigned the 47.15 acre site and is now requesting a new Preliminary Plat for 32 single family residential lots. Mr. Sinclair explained that the proposal includes private and gated subdivision streets that conform to the Town's Subdivision Street Standards. The Plat also meets the requirements of the Zoning Code Revised, Design Guidelines and the Rancho Vistoso Planned Area Development (PAD.) Mr. Sinclairreported further re d that in January2002, the Development Review Board recommended continuation of the PreliminaryPlatso that the applicant would have additional time to meet with the neighbors tor ad ress some remaining issues. Mr. 2002meeting, the DRB recommended a roval Sinclair stated that at their February 12n1 g, pp • conditions. r val with of the Preliminary Plat subject to ''Staff also recommended approval ry J conditions. io ns. N Steve Oliverio The WL Group,representing the applicant Canada Vistas Homes, p . made��to the''original Plat sub mitt He explained that the 47 acre reviewed changes g p •project consists of 32 home sites that sit on one half acre to one acre lots. He explained that the subdivision is designed to provide up to sixty percent open space. Mr. Oliverio reported that theyhave held several neighborhood meetings and conducted site tours with p g the Development Review Board and the Town Council. He reviewed an overhead map and explained that they have added a cul-de-sac, eliminated one road connection, added a fifteen landscape buffer with a three to four foot high screening wall and will utilize a twenty-five foot utility easement that will also act as a buffer. He also pointed out an emergency access that will be added to the project. Mr. Oliverio stated that they have reviewed the conditions in Exhibit"A" and have no issues with said conditions. He also stated that the Plat meets or exceeds the Town's Zoning Code requirements and the Rancho Vistoso PAD requirements. Mayor Loomis stated that he had some concerns with Lots 29 and 30 and the impact of the heights of two-story homes on the neighbors to the west of the property. He also stated that he thought that the developers had done an excellent job in making the subdivision fit into the community and in working with the surrounding neighbors. M.r. Oliverio stated that Lots 29 and 30 are two lots that back up top five lots, so the impact would not be as dramatic as if there were the same number of lots. He explained 03/06/02 Minutes, Council Regular Session 8 that if two two-story homes were built on lots 29 and 30, the would take upless Y than fifty percent of the mass. He also explained that the minimum difference in one-story and two-story homes was about four to five feet in height. Steve Solomon, Canada Vista Homes, 12753 N. Walking Deer Place, reviewed background on the project explaining that the area was originally zoned in the PAD as . g Y medium density residential with six homes per developable acre (20 acres could be developed which would allow for 120 homes on mass graded lots.) p He explained that the properties to the west and southwest had been rezoned to higher densities, but this property has not been rezoned since the development of the Rancho Vistoso PAD. Mr. Solomon stated that they are proposing an incredibly reduced use that is an asset to the Town and to the neighborhood. He explained that the lots would not be mass graded and they would work to preserve the desert. Mr. Solomon further explained that the Pulte Homes on the west boundarywere placed fifteen � feet over the property line. However, Canada Vista Homes has committed to placing a fifteen foot landscape buffer over the area :encroachment as opposed . pp to requiring Pulte to remove their landscaping and take back thero ert into the Canada p p Y Vista's subdivision. Mr. Solomon also reported that theyhave agreed to install a three to four foot meandering wall within the fifteen `►otndsca e buffer. Mr. Solomon p m further reviewed changes to the plat, two-story..:home impacts, and cut and fill requirements. He stated that the subdivision was well-suited to the topography, would preserve open space and would increase the property v lu es of the surrounding homes. Further discussion followed regarding �: umberof - ,.; two-story homes, sighting homes individually to help minimize impact act to nei hbors and minimize ' . g grading, working with the neighbors when installing the° anderin wall, and the Homeowners Association g ssociation being responsible for maintenance of the common areas and wall. Mayor Loomis recessed the meeting at 10:00 p.m. The meeting resumed at 10:10 p.m. Mayor Loomis opened the floor for public comment. The following citizens expressed concerns regarding height restrictions on specific lots, P views being block, resale value of homes, and enforcement of conservation easements: Pat Bishop— 12646 N. Rock Creek Linda Symchak— 12481 N. Granville Canyon Way Bill Adler— 10720 N. Eagle Eye Place Linda Arnold— 180 W. Linda Vista Keith Vaughn—635 E. Rancho Catalina Place Mike Arnold— 180 W. Linda Vista Discussion followed regarding significant improvements being made bythedeveloper to the p plat,property rights, continuing to work with the neighbors, liability potential to the Town if they should limit heights on certain lots, enforcement of conservation easements, and disclosure laws regarding notice from real estate brokers to buyers. 03/06/02 Minutes, Council Regular Session 9 MOTION: Council Member Rochman MOVED to APPROVE OV 12-00-05A, Rancho Vistoso Neighborhood 7A Preliminary Plat, effective on the date of satisfaction of conditions in Exhibit"A." A) 1. The recreation areas, trails connecting the Common Areas to the trail in Highlands Wash, and the Highlands Wash Trail shall be constructed in a manner acceptable in design to the Planning and Zoning Administrator and shall include signage at the intersection of the paths and streets. The recreation areas, trails and g g associated amenities shall be depicted on the Landscape Plan. 2. A letter from Tucson Electric Power Corporation accepting the abandonment of their easement per Docket 8465 and Page 1982 shall be submitted prior to Final Plat approval. 3. The conservation easement shall be recorded with the Final Plat and with the deed to each lot within the subdivision for all "no build" areas and/or all designated P.A.D. open space. "No build" areas will be included in the CC&Rs. p 4. The developer shall have on record from ea ut written acknowledgement of the conservation easement and any grading lim 5. The proposed cul-de-sac at the east end of Granite View Drive and at the north end of Rock Creek Road shall be dedicated as public right-of-way. 6. Delete"City Vista Drive"label on sheet#3. Council Member Wolff SECONDED the motion'. Motion carried, 5 0. MANAGER'S REP RTS TOWN MA No report. 0 rt. CALL TO AUDIENCE Jim Kriegh, 40 E. Calle Concordia, stated that earlier in the meeting, the subject of the development on Pusch Ridge scarring the hill side came up. He explained that that p develo ment was approved by Pima County. He also stated that he has seen other cities and towns informational pamphlets in the Bisbee Visitors Center/Chamber of Commerce. He said that the Town of Oro Valley has a lot to offer and he suggested that the Town budget for brochures to be placed in other communities. ADJOURNMENT MOTION: Council Member LaSala MOVED to ADJOURN at 10:45 p.m. Council Member Wolff SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity, Deputy Town Clerk 03/06/02 Minutes, Council Regular Session 10 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 Valle Arizona held on the th Y' _6 _day of March 2002. I further certify that the meeting was dulycalled and held and that a quorum was present. Dated this day of ,2002. Kathryn E. 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Total Registered Clients Total Scheduled Trips 1 Total Trips 584 1,201 1,124 19 Days of Service Total Service Miles for the Month = 15,940 r ��, End Service Total Service Vehicle Vehicle Start Service Year/MakeNJu!!ber�� il ,_.4 ,:_ 152,615 2,133 92 150,482 1996 Ford . 1996 Ford 96 161,446 163,707 2,261 1998 Ford 64 117,214 119,797 2,583 1999 Dodge 49 70,886 73515 3,339 2000 Dodge 13 64,400 67219 2,819 2001 Ford 69 13,522 16,327 2,805 Average Daily Total Trips = 59.16 Cancellations = 77 , Denials Due to Demand = 0 dO�tNNO r 0 N N O gg �"a'O co co� �2~r7182 0,Mr'oOcoin Mto OEArrr-NN 5 r c0 co-r co '• �- t`C N Efl Eft CO fAEA O ,-- 0- `6 " oO tg Wo i f. m 0 .-QOi m W}O} ›.O }Q�}r.}— N O N 00 U ? T,--,la:,i* IFS � " 11 I g � p U O ,1 O Vs W to�o....41.--.. ' N N V ti 1 ' LL Qp ill. lL T LL.T Lt_N LL N 7 Efl fA Efl a y' `W{� 60-,21,) W CO m 0 W g m 0 m c8 1n O g�: _ Ti _r_ _N_ �N .i • r Si S 2 . �p � W p� W O O r Oto to'itM v�, c� .. O yo >,�N Q -, - to 0, N$j in d) N H p O N I`O M i � Z. 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N�cOtnO r to r-N T' N tCD oo u,c0 O `r N N "�� (fl to fA EA r'O O r �' '� '� - • , oft,..4,:livYa o , ir. t •+ ii, „..,...„.,,..„. , . ..„ T g I ...,,,,...,.., , mr . L mSm m �ycyc/ c/ ,y ° ��g C' C zre.ze m mmmmmp . O �'O�'O Q � X X O O O Q 7 7 7 7 t m O C C C C i k ..:.i LL W W W w O.O. �tLLitLu. >. pp_ .-h-!-1-- r pNO f� S m000' ', pp(Q�O m m m m m >+ S it 8 C d 1 O O t �O O O O O O O. , a a d ; w CD CD r N N N 0, N N rrr)NQ "c 11111111 F- -, -7.- 7,1-4 QQQQQQ � t+ p O� i'§i§§ � 1`00oV V V V pQ QQ�QO ,_ OG-OO 0 V CD 0 0 U7 V O � � �-r e- N N e- e-r e-N O T-r r T-N N 00 W Oop O W fin W Cal Val m z COi 0 0 1 W W : W m A W 2 2 m 2 u-) . 0 a a%i-z,-, N ) 0 �-e-N N N N N O •}}}} � _LL ALL"LL ALL�- LL ALL_LL_if:�_ M ' LL LL LL LL- - t+- lL lL 0 TOWN OF ORO VALLEY TUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, CEcD Economic Development Administrator SUBJECT: Economic Development Activity Report for February 2002. SUMMARY: 2002 Economic Development Project Activity/Status Report.This report is Attached is the February J p compiled at the end of each calendar month. Major projects are included which includes a Location, and Pertinent project data. The report contains three sections: Active Projects,Recently Status p J A Completed Projects (normallydisplayed for 12 months) and Community Projects. All projects that have are identified in bold type. On a recurring basis this report will be included some form of Status change in the Council Packet as a Consent Item with a report submitted at the end of each calendar quarter. Please contact me directlyforquestions or additional information I may provide prior to the any scheduled Councilmeeting your eetin if schedule allows. Also, please request additional specific project data -d I will provide same as soon as possible. ATTACHMENTS: 1. Town of Oro Valley Economic Development Department Project Activity/Status Report — February 2002. _ 5 L/►' iI r )V') i . , i Jeffrey H. Weir, CEcD Economic Development Administrator Oiill ta) Chuck Sweet Town Manager s . . . . . . . . . . 1 int 1 c 43 *F3 0' tr.) 4.- „ ev) , w z (V) O O O O � 0 & C cn 0 CD CD CD CD O O o o "' -0 o 0 O RI o ct• ct o� cv ko O o o O o •- O ko a in DO ,--� ,-i N V7 L O 1- 00 N In N' 00~ N .O 4A O o - 01 ate) N O ,��,, ro O O NIA C - - 'U N ? 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O Ot] ra " H 's.- = J z Q ULI .........., E TOWN OF ORO VALLEY .OUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews,Finance Director SUBJECT: Finance Report for the Month Ended January 31, 2002 SUMMARY: The month of Januarycontinued to exhibit the slow down in residential growth that was previously forecasted. While construction sales tax collections have not decreased as much as previously expected, construction related impact revenues such as roadwayim act fees and water connection fees have declined. The budget estimated that 700 residential buildingpermits would be taken out this year; however, permits totaled 337 through January. If this trend continues, the year end figure will be closer to 600. GENERAL FUND: As more data has been received it is apparent that the General Fund will come in below budget at fiscal year Pnd. Drivenp rimaril byresidential and commercial building permits, local sales tax collections and interest y amings, negativem the impact on the budget is estimated to be $885,000. The revenue shortfall may be partially p offset by $515, g 000 in savings associated with personnel vacancies and reduced bed tax sharing. Including these savings, the net impact on the budget is expected to be a deficit of$370,000. Local Sales Tax Collections • Lodging collections were on track with tax collections for the same month last year. However, the g g next few months will be a better indicator as these are the months that typically experience the highest tourism revenues. The general manager of the Sheraton El Conquistador has noted that their organization does not expect revenues to rebound this fiscal year to the level of previous years. • Construction sales tax collections continued strong in the month of December. If this trend continues it will result in a$338,000 positive budget impact. Residential Building Permits Residential buildingpermit revenues increased slightly in January. Nevertheless, building permits have shown a significant decline over last year and it is forecasted that this tendency will result in a$380,000 negative impact at fiscal year end. HIGHWAY FUND everal PAG Reimbursements that were budgeted for this year will not be received as the projects associated with them are notg g oin to be started until next fiscal year. While this will result in lower revenues, it will be counteracted by the costs that will not be realized on these projects. Excluding the PAG Reimbursements, the Highway Fund is forecasted to end the year above budget by$32,000. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 TO IDE ROADWAY DEVELOPMENT IMPACT FUND The lower number of residential units being built has a direct impact on Roadway Impact Fees. While interest earnings will slightly counteract this, the fund is still estimated to be $194,000 less than the budget figure. g Y WATER CONNECTION FEES FUND Connection fees are also much lower than the same period last year. Despite the forecasted$192,000 budget deficit, the debt service payments will be met. WATER UTILITY Water sales and charges for services remain strong in the month of January. Therefore, it is expected that the Water Utility Fund will exceed budget revenues by $248,000 at fiscal year end. ATTACHMENTS: 1. Finance Report, January 31, 2002 SUGGESTED MOTION: I move to accept the Finance Report for the month ended January 31, 2002. David L. Andrews Finance Director (2/7*41 Chuck S et Town Manager CC: Chuck Sweet, Town Manager All Department Heads Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through January 31, 2002 Percentage of Year Completed 7/12=58.3% 2001/2002 Percentage January Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Taxes $ 688,703 $ 3,127,972 $ 6,150,000 50.9% State Shared 575,974 3,597,552 6,521,000 55.2% Other Intergovernmental - - 191,329 0.0% Fines 21,549 116,047 220,000 52.7% Licenses & Permits 146,611 893,006 , 2,240,000 39.9% ,Charges for Services 23,232 227,423 357,425 63.6% Federal Grants 11,394 70,440 277,441 25.4% State Grants 35,566 , 136,968 204,500 67.0% Interest Earnings 21,259 167,490 385,000 43.5% Miscellaneous 21,172 41,037 25,500 160.9% Fund Balance Carryforward 10,008,603 TOTAL REVENUES 1,545,460 8,377,935 26,580,798 50.6% 'EXPENDITURES: Town Council10,494 72,164 126,408 57.1% Town Clerk15,412 119,697 321,084 37.3% Magistrate Court 36,903 259,667 489,081 , 53.1% Manager 18,978 , 134,232 284,953 47.1% F-,,,., ian Resources 17,114 120,821 210,374 57.4% Economic Development 22,042 151,573 706,992 21.4% Finance 35,205 231,533 438,030 52.9% Information Systems 13,078 199,093 315,989 63.0% Legal 45,314 268,423 603,884 44.4% Community Development Administration 56,972 208,779 436,496 47.8% Planning &Zoning 65,413 450,839 1,117,888 40.3% Parks& Recreation 80,771 713,716 1,462,432 48.8% Library Services 7,227 44,731 360,058 12.4% Geographical Information Services 4,267 57,898 110,133 52.6% Police 577,357 4,033,581 7,498,863 53.8% Police- Grant Contingency - - 93,000 0.0% Building Safety 60,867 484,830 1,235,101 39.3% Public Works 23,184 160,568 321,101 50.0% Custodial & Facility Maintenance 8,626 65,612 146,475 44.8% General Administration: Operations & Maintenance 39,625 236,383 412,698 57.3% Improvements 1,446 69,902 1,341,752 5.2% p Equipment - 1,125 - 100.0% Transfers to Other Funds - 1,155,104 1,155,104 100.0% Contingency 7,392,902 TOTAL EXPENDITURES $ 1,140,295 $ 9,240,271 $ 26,580,798 48.2% REVENUES LESS EXPENDITURES $ 405,165 $ (862,336) c-'"`ID BALANCE AT JULY 1, 2001 $ 10,700,823 CURRENT FUND BALANCE $ 9,838,487 Town of Oro Valley HIGHWAY FUND Budget Compared to Actuals Report Through January 31, 2002 Percentage of Year Completed 7/12=58.3% 2001/2002 Percentage January Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: State Shared Fuels Tax $ 199,155 $ 1,075,527 $ 2,350,000 45.8% PAG Reimbursements - - 471,000 0.0% Other Revenues 6,189 67,460 93,000 72.5% Fund Balance Carryforward 1,484,394 TOTAL REVENUES 205,344 1,142,987 4,398,394 39.2% EXPENDITURES: Personnel79,052 542,125 1,046,663 51.8% _ Operations& Maintenance (101,970) 381,877 979,535 39.0% Capital Improvements 163,304 618,577 1,436,000 43.1% Equipment&Vehicles - 132,825 115,000 115.5% Contingency 821,196 TOTAL EXPENDITURES $ 140,386 $ 1,675,404 $ 4,398,394 46.8% REVENUES LESS EXPENDITURES $ 64,958 $ (532,417) FUND BALANCE AT JULY 1, 2001 $ 1,679,942 URRENT FUND BALANCE _ $ 1,147,525 _ Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Campared to Actuals Report Through January 31, 2002 Percentage of Year Completed 7/12=58.3% 2001/2002 Percentage January Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: PAG Reimbursement $ - $ - $ 4,011,012 100.0% Interest-Investments 16,243 125,076 160,000 78.2% Development Impact Fees 64,256 668,045 1,403,000 47.6% Fund Balance Carryforward 7,061,478 TOTAL REVENUES 80,499 793,121 12,635,490 14.2% EXPENDITURES: Personnel 9,223 68,873 243,925 28.2% Operations & Maintanence 4,557 40,085 284,100 14.1% Capital Improvements 108,494 526,156 9,866,012 5.3% Equipment&Vehicles - 21,238 9,000 236.0% Contingency 2,232,453 TOTAL EXPENDITURES $ 122,274 $ 656,352 $ 12,635,490 6.3% (IENUES LESS EXPENDITURES $ (41,775) $ 136,769 FUND BALANCE AT JULY 1, 2001 $ 6,776,736 CURRENT FUND BALANCE $ 6,913,505 Town of Oro Valley ORO VALLEY LIBRARY CONSTRUCTION Project Costs Through January 31, 2002 Fiscal Year Fiscal Year Fiscal Year Actuals 1999/2000 2000/2001 2001/2002 From Inception Project Budget Actuals Actuals Actuals To Date Construction $ 2,952,000 $ - $ 131,554 $2,042,514 $ 2,174,068 _ Collections 1,250,000 - - 550,304 550,304 Computers/Telecommunications 80,000 - - - - Interior Furnishings 300,000 - - - - Public Art 30,000 - 2,000 - 2,000 Contingency 265,000 - - - - Architectural & Other Professional Services 378,000 70,629 322,971 11,520 405,120 Total Project Costs $ 5,255,000 _ $ 70,629 $ 456,525 $2,604,338 $ 3,131,492 , Town of Oro Valley ORO VALLEY WATER CONNECTION FEES FUND Budget Compared to Actuals Report Through January 31, 2002 Percentage of Year Completed 7/12=58.3% 2001/2002 Percentage January Y-T-D Total of Budget Actuals Actuals _ Budget Completed REVENUES: Interest-Investments $ 13,023 $ 97,394 $ 50,000 194.8% Fund Balance Carryforward 6,619,618 TOTAL REVENUES 13,023 97,394 , 6,669,618 194.8% EXPENDITURES: Capital Outlay 481,033 481,033 2,963,500 16.2% Contingency 3,706,118 TOTAL EXPENDITURES $ 481,033 , $ 481,033 $ 6,669,618 16.2% IREVENUES LESS EXPENDITURES $ (468,010) $ (383,639) FUND BALANCE AT JULY 1, 2001 $ 7,103,695 CURRENT FUND BALANCE _ $ 6,720,056 Town of Oro Valley ORO VALLEY WATER CONNECTION FEES DEBT SERVICE FUND Budget Compared to Actuals Report Through January 31, 2002 Percentage of Year Completed 7/12=58.3% 2001/2002 Percentage January Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Single Family Connections $ 35,480 $ 555,081 $ 1,242,000 44.7% Commercial Connections 32,640 133,790 100,000 133.8% Other Connections - 7,893 - 0.0% Interest- Investments 3,739 18,647 30,000 62.2% Fund Balance Carryforward - - 677,000 0.0% TOTAL REVENUES 71,859 715,411 2,049,000 52.1% EXPENDITURES: Debt Service Payments I - - 1,372,000 0.0% Contingency - - 677,000 0.0% TOTAL EXPENDITURES , $ - $ - $ 2,049,000 0.0% REVENUES LESS EXPENDITURES $ 71,859 $ 715,411 FUND BALANCE AT JULY 1, 2001 $ 724,035 'RENT FUND BALANCE I $ 1,439,446 Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through January 31, 2002 Percentage of Year Completed 7/12=58.3% 2001/2002 Percentage January Y-T-D Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 572,875 $ 4,023,391 $ 7,154,300 56.2% Service Charges& Meter Income 19,161 331,445 412,500 80.4% TOTAL REVENUES 592,036 4,354,836 7,566,800 57.6% OPERATING EXPENSES: Personnel 108,119 689,866 1,439,160 47.9% Operations& Maintenance 149,211 1,373,273 2,469,219 55.6% Depreciation &Amortization 104,419 626,514 1,377,200 45.5% TOTAL OPERATING EXPENSES 361,749 2,689,653 5,285,579 50.9% OPERATING INCOME 230,287 1,665,183 2,281,221 73.0% NONOPERATING REVENUES (EXPENSES) Interest Income 18,244 173,914 235,000 74.0% st Expense 150,967 1,058,766 1,697,883 62.4% TO r AL NONOPERA TING REVENUES (EXPENSES) (132,723) (884,852) (1,462,883) N ET INCOME $ 97,564 $ 780,331 $ 818,338 _ RETAINED EARNINGS AT July 1, 2001 $ 3,786,461 $ 3,276,783 CURRENT RETAINED EARNINGS $ 4,566,792 $ 4,095,121 Town of Oro Valley ORO VALLEY WATER UTILITY Capital Budget Through January 31, 2002 January Y-T-D 2001/2002 % Budget CAPITAL BUDGET Actuals Actuals Total Budget Completed Machinery & Equipment $ 7,309 $ 29,730 $ 69,900 42.5% Vehicles - 48,593 49,500 98.2% Land - - 500,000 0.0% Meters 11,467 40,247 135,000 29.8% Wells (43,344) 331,695 480,000 69.1% Booster Stations (23,585) 62,617 650,000 9.6% Transmission/Distribution Main (25,828) 1,122,818 1,904,500 59.0% Reservoirs (9,286) 1,625,586 2,247,000 72.3% Hydrants - - 50,000 0.0% Telemetry - , - 160,000 0.0% Structures _ 5,837 18,378 140,000 13.1% Water Rights - - 5,000,000 0.0% TOTAL CAPITAL BUDGET $ (77,430) $ 3,279,664 $ 11,385,900 28.8% F -. _1 A�kEY q A ---, ./, F'''. ,''.., 0 'co y � , -,,,_- . „2 11000 N. La Canada Dr. ,:`ac.< �� Oro Valley, Arizona 85737 s~ "� Phone (520) 229-4900 FAX (520) 797-2616 A y: 5. www.ovpd.org DANIEL G. SHARP,Chief of Police ;? 1 i`e°µye * - , --,,-L.:- --'4 A'- ♦y , - 4 OUIN/- - NDEDAg ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE" MEMORANDUM TO: ORO VALLEY MAYOR AND COUNCIL FROM: ,S:4)111_. IEF D.G. SHARP REF.: FEBRUARY 2002 POLICE STATISTICS DATE: MARCH 8, 2002 THE FOLLOWING 3 ATTACHMENTS DESCRIBE THE POLICE STATISTICS FOR FEBRUARY 2002. 0 LU 0 c::4 0 Z 0 0 , V) a w E"'"" , , , , , , , , , . „ , , H 0 El.° a C...) , , . . , i - , , ' , , , ❑ W C.) , , r , . I,' , , - z Fm; ❑ O P.. . . , , . . ,a 1 Ce a N ill.. < as -14 ce U PO < 5 co E W g:::Z N- CO CO N CO I— O CD N O N L) co CO in O 0) (-Ni ,- N co T- (Y) N V' N- r N-- O r-- CO L) t- c1' CO N N - NC V' •U Ca C) •c•- LU r- CO 1 r- N -r U. 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N N N n V n �- -= l� L L L•-• L- L . n` ^l L L co`V L.� L... n, �- W rl W I.- L''' U a) o -o = v -o > CZ a f = _o = ' L- al E E S a . E o .o E o -, }- ZZc W F-OZZ � o 0 Q. Zo CZo TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Bob Kovitz, Public Information Officer Kevin Verville, Information Systems Administrator SUBJ: Information Activities Report February, 2002 BACKGROUND: During the past 7 months, the Mayor and Council have been provided with reports that summarize both the public information and Town website activities for the past two months. This sixth report will continue to make comparisons among the statistical data being gathered to track the traffic on the Town website. Other public information activities are also noted. Public Information Activities Similarly to previous months, the majority of the print media articles have been follow-up stories regarding Council, Planning and Zoning Commission and Board of Adjustment actions. Among the stories featured during February were: 1. Jan. 31 Guest comment on public records request project, Chief Sharp AZ Daily Star Editorial Page 2. Feb. 19 Election by mail—KGUN-9 News 3. Feb. 21 Library progress AZ Daily Star, NW Section 4. Feb. 27 Library progress NW Explorer 5. Feb. 28 Business Retention and Expansion Program AZ Daily Star, NW Section Direct-mail pieces in support of the General Plan and the Save-A-Plant program were designed for distribution in February and March. Press releases issued in February covered the following topics: a) Response to court decision on political signs b) Business Retention and Expansion program c) Clean Air Fiesta Bike and Hike months of March and April d) Tangerine Road widening 2 open house meeting e) Reminder of vote-by-mail deadline In addition, the Town designed and placed display advertisements in the NW Explorer and the AZ Daily Star (NW Section) inviting citizens to attend the Council's hearing on annexation on March 6. Website Activities Since the launch of the new site design in July 2001, the number of visits to our web site has increased dramatically. Clearly, there has been an upswing in activity over the last 6 months, as shown by the chart below: Total Sessions 1 c �- C 1--- : ";7 nybfix . '�9�✓ '2S. 135 ?i £ .y ttl .i >/i. �H .u.?�-...a t'.'� j:.dir:G//s''.>, 4s .._ s /i..-"Pr`n'`�✓:: ,sL%``.%l 12 Mo. Jul-02 Aug- Sep- Oct-02 Nov- Dec- Jan-02 Feb- Avg 02 02 02 02 02 Below are the statistics for February 2002. The Maps, Public Works, General Plan, and Transit pages were among the most popular in February. Human Resources and the Clerks pages remain among the highest entry point sites (usually "book-marked" or saved in the visitor's favorites list). Statistics for February 2002 Total Sessions: 15061 Total Blind Sessions: 5572 Average Daily Sessions: 537 Top Five Most Commonly Accessed Pages Home 9549 page views Human Resources 1895 page views Maps 691 page views General Plan 444 page views Public Works 423 page views Top Five Entry Point Pages (first pages viewed) Home 5858 page views Human Resources 490 page views Agenda 154 page views Library 139 page views General Plan 111page views Terminology Session: A visit to the web site where at least one link was selected (meaning the visitor viewed more than one page). Blind Session: These are visits to the site by viewers who have "book-marked" or saved the site name as one of their "favorite places." This means that search engines did not refer the viewers for their visits. Page Views: Number of requested pages from the web server during an individual session. Entry Point Page: First page viewed when arriving at the site. Note: Town of Oro Valley employees account for approximately 1°/0 of the total sessions for the period. These employees usually access the site to update their pages, check on information, links or projects that they have been working on. C4 , ,..., :+• Kovit , Public I fo mation Officer /- ------ __----- Kevi . i rv'IIe, Inform; ion Systems Administrator Apr Chuck Sweet, To n Manager A' Timr TOWN OF ORO VALLEY 11 COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: John Zukas, Transit Services Administrator SU BJ: Resolution Number (R)02- 22 , 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 a third p y p 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 servicep rovides 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. 1 , f COUNCIL COMMUNICATION TOWN OF ORO VALLEY Page 2 of 2 ATTACHMENTS: 1) One (1) copy of Resolution Number (R)02- 22 , 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 (Exhibit 1) RECOMMENDATIONS: It is the recommendation of the Transit Services Administrator to approve Resolution No. (R)02-22 , 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)02- 22 , Adopting the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA)Drug/Alcohol Policy. OR I move to deny Resolution No. (R)02- 22 , Adopting the Town of Oro Valley Drug-Free Workplace Federal Transit Administration (FTA) Drug/Alcohol Policy. A/1414€- k,-;---3 Transit Services (dministrator . \k,. 0/4/44/ Public Works Direct I , 1 i Town Man:ger 1 RESOLUTION NO. (R) 02 - 22 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THE TOWN OF ORO VALLEY DRUG-FREE WORKPLACE FEDERAL TRANSIT ADMINISTRATION (FTA) DRUG/ALCOHOL POLICY WHEREAS,pursuant to Arizona Revised Statute § 9-240, the Town has the authority to provide policies and procedures for its employees and the Town believes the Town of Oro Valley Drug-Free Workplace Federal Transit Administration(FTA) Drug/Alcohol Policy is in the best interest of the employees of the Town; and WHEREAS, the Federal Transit 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; 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 believes the Town of Oro Valley Drug-Free Workplace 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 20thiday of March , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney • • Exhibit 1 Town of Oro Valley Drug-Free Workplace FTA Drug/Alcohol Policy Prepared by: John Zukas, Transit Services Administrator Date of Issue: March 20, 2002 Contains: Federal Transit Administration (FTA) Policy FTA Part 653 —Prevention of Prohibited Drug use in Transit Operations FTA Part 654 —Prevention of Alcohol Misuse in Transit Operations DOT 49 CFR Part 40 —Procedures for Transportation Workplace Drug Testing Programs Approved by: Oro Valley Town Council on this date: s 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 12 Reasonable Suspicion/Cause Drug and Alcohol Testing 14 Post Accident Testing 16 Return to Duty Testing 18 Follow Up Testing 19 Blind Performance Testing 20 Collection Process 21 Laboratory Analysis 25 Reporting of Test Results 27 Medical Review Officer(MRO) 29 Split Specimen Testing 31 Substance Abuse Professional (SAP) 32 Test Results and Records 33 Training 34 Drug-Free Workplace Administration 35 6- *.4 LIST OF APPENDICES APPENDIX FORM A Authorization for the Release of Information B Notification of Testing C Post-Accident Instructions D Supervisor's Report of Reasonable Suspicion E Company Designated Service Providers F Approved Specimen Collection Sites G Specimen Collection Procedures H Certification of Completion of Drug and Alcohol Awareness Program I Pre-Employment Testing Exemption J Verification of Participation in Alcohol/Controlled Substance Testing Program ( v � 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 653, Part 654, and 49 CFR Parts 40, as amended and 655. 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 - 1 - 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 individuals engaged in engine, parts repair and/or overhauling). The actual job duties of employees have been analyzed to determine whether persons perform, or may be called upon to perform, safety-sensitive duties. Participation in the Town of Oro Valley Drug and Alcohol Testing/FTA Program is a requirement of each of these safety-sensitive employees and is a condition of employment and continued employment with the Town. Therefore, the Town of Oro Valley, Coyote Run Drivers, Dispatchers, and any other positions/persons (i.e., Communications Clerks, Administrative Assistants, etc.,) who are designated to serve as backups to Drivers and Dispatchers, are subject to the provisions of this policy and procedures and area required to participate in the Drug-Free Workplace FTA Drug and Alcohol Policy. This policy also pertains to employees or contractors who carry a firearm for security purposes. Volunteers are exempt from the drug testing policy unless they drive a vehicle which requires they have a CDL and/or performs a safety sensitive function and receives remuneration in excess of their actual expenses. Any new job classifications will be analyzed for safety-sensitive job categories and corresponding company position titles that clearly identify which employees are specifically covered will be included in this policy or attached to the policy. This includes supervision, only if they perform, or may perform, safety-sensitive functions. This policy applies to both Town applicants and non-Town external applicants for these safety-sensitive positions. Throughout this policy, all of the above listed employees will be referred to as "covered employees." The terms "covered employee" and "employee" are used interchangeably and refer to the same above listed individuals. It is to be noted that this policy reflects that these employees are subject to drug and/or alcohol testing anytime while on duty. This means that an employee is subject to drug and/or alcohol testing 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 any contract, express or implied, with any employee. Employment with the Town is considered "at-will,"and meaning that it is for no set duration and can be terminated by the company or the employee at any time,for any reason, unless prohibited by statute or public policy. - 2 - i1 TYPES OF TE SING 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 653, Part 654, and Part 40, 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: o Report to work within four hours of consuming alcohol. o Consume alcohol four hours prior to performing a safety-sensitive function. o Report to duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.02 percent or greater. This includes when the employee is called out for duty. o Use alcohol while performing safety-sensitive functions. o 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). o Consume alcohol while on-call or standby. o Fail to remain readily available for testing after an accident. o When required to take a post accident test, use alcohol for eight hours following the accident or before being tested, whichever comes first. o Fail to immediately report to the collection site when notified to do so. o Refuse to submit to a post accident, random, reasonable suspicion, return-to-duty, or follow-up drug or alcohol test. o Report to duty or remain on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the substance is obtained legally under the instructions of a licensed medical practitioner who has advised the employee that the substance will not adversely affect the employee's ability to perform safety-sensitive functions. Any employee using medication or prescribed drugs, which may impact their ability to perform safety-sensitive functions, shall notify their supervisor of the fact prior to performing any safety-sensitive functions. o Report to duty, remain on duty or perform safety-sensitive function, if the employee tests positive for controlled substances. o Refuse to take an alcohol and/or drug test. A refusal to test constitutes a verified positive alcohol and/or drug test result. o Attempt to interfere, alter, substitute, adulterate, or in any way affect the outcome of the alcohol or drug test result. Test positive for drugs or alcohol after being released by the Substance Abuse Professional (SAP) and returned to duty; either during the rehabilitation program (tests administered by the rehabilitation facility) or during follow-up tests PROHIBITED CONDUCT (CONTINUED) NO EMPLOYEE SHALL (CONTINUED) o scheduled in accordance with the Substance Abuse Professional's evaluation, or during random tests. o Test positive for the following drugs in accordance with Department of Transportation (DOT) Alcohol & Drug Testing Procedures (49 CFR Part 40): Marijuana (THC metabolite) Cocaine - 4 - Amphetamines (e.g. racemic amphetamine, dextroamphetamine, and �• methamphetamine) Opiates (e.g., heroin, morphine, codeine) Phencyclidine (PCP) (There are federally mandated cut-off limits for screening and confirmation tests. Please reference 49 CFR Part 40.87 for screening and confirmation drug cut-off limits.) 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 of any criminal drug statute conviction for a violation occurring in the workplace within five (5) days after such conviction, as stated in the Drug-Free Workplace Act of 1988. NO SUPERVISOR SHALL: Having actual knowledge or reasonable suspicion that a covered employee has an alcohol concentration of 0.02 percent or greater, permit the employee to continue performing 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, - 6 - and reports to work is subject to disciplinary action up to and including termination of employment. Reports for duty or remains on duty requiring the performance of safety-sensitive functions when the employee uses any controlled substance, except when the substance is obtained legally under the instructions of a licensed medical practitioner, will be subject to disciplinary action up to and including termination of employment. Fails to report to supervision the use of prescribed medication that may adversely affect their ability to perform safety-sensitive functions, will be subject to disciplinary action up to and 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 to provide 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 a positive test result, and subject to disciplinary action up to and including termination of employment. This includes verbal or written refusal to take the test. 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. Tests positive 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-sensitive position and subject to disciplinary action up to and including termination of employment. - 7 - Tests positive for alcohol and/or drugs while in their probationary employment period, or after their probationary employment period, will be terminated. The employee will be informed of the availability of the services of a Substance Abuse Professional (SAP). 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 of employment. - 8 - ', 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 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 own time, transportation, and any associated travel expense, to complete the pre-employment test. The applicant shall appear at the Town's designated testing facility at the appointed time/place to complete the test. A split urine specimen 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, or any other requirement for an observed specimen exists. (See Collection Process). Pre-Employment Drug Test Notification will occur after obtaining a release form signed by the applicant, authorizing any previous employer testing programs to share driver qualification information. Upon written consent from the applicant, the Town's Human Resources Department must obtain from the applicant's previous employers, any information concerning the applicant's participation in a safety-sensitive alcohol and drug-testing program. The Town's Human Resources Department must obtain and review the information listed below from any employer for whom the applicant was subject to safety-sensitive/CDL requirements within the past two years. The information obtained must include whether the applicant: Has participated in a drug and alcohol testing program required by the DOT in the last two years. Had an alcohol test with a concentration of 0.04 percent or greater in the last two years. This includes prospective employees if they have failed or refused a DOT drug or alcohol pre-employment test within the past two years from an employer who did not hire the employee. - 9 - Tested positive for a controlled substance test in the last two years. This includes prospective employees if they have failed or refused a DOT drug or alcohol pre- employment test within the past two years from an employer who did not hire the employee. Refused a required test in the last two years. 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. - 10 - ', 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. - 1 1 - n 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. Random testing is: Scientifically valid. Continuous throughout the calendar year. Reasonably spread throughout the monthlyear. Unannounced and immediate. Conducted on and during all days and hours of operation. With no discretion by Managers as to who is selected for testing or notified to proceed for 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. These percentages may be changed and vary from year to year, in accordance with FTA regulations and notification. RANDOM ALCOHOL AND DRUG TESTING —Notification for Testing Upon selection of an employee to be tested for drugs and/or alcohol, the Human Resources Director, or designee, will contact the employee's supervisor and notify them of the selection. The supervisor will notify the employee that they must report immediately to the nearest Town designated facility for testing. No advanced notification will be given to the employee. If the employee is performing a safety-sensitive function at the time of notification, the employee will be directed to cease performing the safety-sensitive - 12 - function and proceed to the Town's designated facility for testing. The employee may be allowed to use a Town vehicle or a supervisor will make arrangements for the employee to be taken for testing. Testing will be done on Town time and at 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-sensitive position 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 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. - 13 - 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 appearance, behavior, speech, or body odors of the covered employee. The required observations must be made by a supervisor who is trained in detecting the signs and symptoms of drug use or alcohol misuse. Reasonable Suspicion testing for alcohol is based on observations made during,just preceding, or just after the period of the work day that the covered employee is required to be in compliance with this policy. An employee will be directed to undergo reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive functions;just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions. A covered employee who is required to provide urine specimen as a result of a "Reasonable Cause" circumstance shall follow the collection site procedures outlined under"Specimen Collection Process," except that the employee shall be escorted to the testing facility by a supervisor. A split specimen shall be collected. The Town will pay for the cost of the "Reasonabler Cause" test. A covered employee will be required to submit to a controlled substance and alcohol test when "For Cause" circumstances and reasonable suspicion are identified and documented as specified below: Documentation requirements When an employee having reasonable suspicion of another employee's controlled substance and/or alcohol use violation of this policy is not a supervisor, the employee shall immediately notify a supervisor. Any supervisor having reasonable suspicion of an employee's controlled substance and/or alcohol use in violation of this policy; or any supervisor receiving notification from a subordinate employee of an employee's violation of this policy, shall first ensure the safety of the clients, employee and other employees by removing the employee from performing any safety-sensitive functions. The 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 - 14 - order a "Reasonable Cause" test. If the two supervisors/managers disagree, the Human Resources Director, or designee, will decide whether to order testing. If 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 notify 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 any other supervisor/manager involved will document their observations and involvement in the situation to drug and alcohol test an employee for substance abuse. - 15 - POST ACCIDENT TESTING Post Accident/Safety Sensitive alcohol and drug testing will be conducted as soon as practical following an accident involving a Town employee operating a Town 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. 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. - 16 - • 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. 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, 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". - 17 - � 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. - 18 - 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. Follow-up testing is done in addition to the random testing required of all safety sensitive employees. - 19 - 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." The designated testing facility will submit three (3) quality control specimens to the laboratory for every 100-employee specimens tested, up to a maximum of 100 blind samples per quarter. Effective August 1, 2001, adulterated and substituted specimens will be made a part of the blind specimen testing program. Also, the proportion of specimens in the program will be changed to 75% negative, 15%positive, and 10% adulterated or substituted. If the DOT makes changes in the future the designated percentages will be utilized. The laboratory has no knowledge that the specimens provided are quality control specimens. - 20 - • COLLECTION PROCESS The collection of drug and/or alcohol specimens will be consistent with FTA Regulations, CFR 653, 654, and 49 CFR Parts 40, as amended and 655. 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 a 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. Employees may voluntarily list substances taken in the last 30 days which they believe might be detected in the testing process. However, the employee is prohibited from putting medical information on the Chain-of-Custody Form. The Chain-of-Custody portion of the form will be filled out after the employee's specimen is given 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 employee will be provided a sealed disposable mouthpiece to provide a sample breath. If the screening is 0.02 percent or greater, the employee is asked to provide a - 21 - S t second breath for a confirmation test. If the confirmation test is 0.02 percent or greater, a` 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 verified positive 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 such as jackets, coats, hats, etc. and leave such items as handbags, briefcases, or other such items carried into the building in a locked area. The employee can be asked to remove objects out of their pockets. Once reviewed by the collector, and determined that there is nothing present that can be used to adulterate a specimen, the employee can replace the objects back into their pockets. The employee 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 be required to provide a specimen by catheterization. If the employee declines to do so, the test will be deemed a refusal to test. Once a specimen has been collected, 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 specimen containers and sealed in view of the employee. 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. Any alternative testing implemented into policy (i.e., testing on saliva), will be incorporated upon establishment of requirements and procedures by the Department of Health and Human Services (DHHS). - 22 - Unobserved Collection: 4' All specimens, unless otherwise specified, will be collected using the unobserved method. The employee will be escorted to a specially prepared room and permitted to provide the specimen in private. If the collection site attendant develops any information that the test has been compromised, the attendant can mandate that an "observed collection" method be utilized. The Town of Oro Valley Human Resources Director, 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 mandated to provide immediate unobserved recollection. Observed Collection: The following circumstances are exclusive grounds constituting a reason to believe that the employee may alter or substitute the specimen and therefore provide the determination to observe the collection. • The employee's urine sample is outside the normal temperature range (32 - 38 degrees C/90 - 100 degrees F). • 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.). • The previous collection was verified positive, adulterated, or substituted, but the test had to be cancelled because the split specimen was unavailable for testing. • The employee has previously been determined to have used a controlled substance without medical authorization and the particular test was being conducted under a FTA agency regulation providing for follow-up testing upon or after return to service. • The previous specimen was deemed invalid and there was no medical explanation provided. • Information/evidence has been provided by a credible/reliable source that would substantiate the requirement for an observed test. for - 23 - An observed collection will be administered by a same sex attendant, unless the opposite gender is a medical professional. 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 a 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. 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. - 24 - a 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) analysis. GC/MS confirmation ensures that over-the-counter medications or preparations are not reported as positive results. The primary specimen 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 - 25 - that is expected to be present in human urine is identified as a concentration so high that it is not consistent with human urine, and/or the physical characteristics of the specimen are outside the normal expected range for human urine. The laboratory will apply the criteria in current DHHS requirements, or specimen validity guidance in accordance with 49 CFR, Part 40. ALCOHOL TESTS- Alcohol screening shall use Evidential Breath Testing (EBT) devices approved by the National Highway Traffic Safety Administration (NHTSA). Two breath tests are required to determine if a person has a prohibited alcohol concentration. A result of less than 0.02 percent alcohol concentration is considered a "negative" test. If the alcohol concentration is 0.02 percent or greater, a second or confirmation test must be conducted. LABORATORY REPORTING PROCEDURES DRUGS- Samples that are screened "None Detected" contain either no drugs, or drugs below the cutoff detection level for that drug. Following positive, adulterated, substituted, or invalid test results from the initial immunoassay test and a positive/supportive screen from the GC/MS test, samples are place in a locked forensic freezer at the testing laboratory and maintained for one year. Within the one year period, the MRO, employee, the Town, or a DOT agency may request in writing that the laboratory retain the specimen for an additional period of time, (e.g., for the purpose of preserving evidence for litigation or a safety investigation). If an extension is not requested, the laboratory may discard the specimen at the end of the year period. If the split is not tested, than the split is retained for the same period of time as the primary specimen and under the same storage conditions. If the split is tested, the laboratory testing the split 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. 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. - 26 - 4 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 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. - 27 - 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. - 28 - 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 the original specimen again to verify the accuracy of the reported test result. The results of all positive or suspicious drug tests are specifically reviewed to ensure accuracy, completeness and confidentiality. When the laboratory reports a positive or suspicious test result, the MRO will conduct an investigation that includes: • Contacting the employee directly, on a confidential basis, to determine whether the employee wishes to discuss the test result. The employee has the opportunity to present medical explanation for the result, including legally prescribed medication. The employee must demonstrate a link between the alleged reason and the ability to physiologically produce the lab result obtained. As regulated by the DOT, the MRO will not accept medical explanations for drugs that have been determined not to have a legitimate medical explanation. • Obtaining statements from the employee concerning any legal drug usage that could have resulted in a positive test result. If the MRO is unsuccessful in contacting the employee, after making three (3) reasonable attempts during a 24-hour period and documenting 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 the positive test is the result of a medical condition, the MRO will report the test result as a negative 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. - 29 - If the MRO determined that the positive test is not the result of a medical condition and is t the result of substance use, the MRO will inform the employee that the Town will be notified that the test result is positive. 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 that employee 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 the quantitative 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. 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. - 30 - 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. 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. - 31 - 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 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. - 32 - • t 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 653, 654, & 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. • 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. - 33 - . M TRAINING The Town will provide employees subject to this policy with education materials explaining the requirements of the FTA drug and alcohol regulations and the Town policies and procedures for meeting them. In addition, employees will be provided with information concerning the effects of drug use 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 • 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. - 34 - f • • 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 653.71 & 654.51. 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 (FHWA 49 CFR 382.403, FTA 49 CFR Part 653.73 & 654.53)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. - 35 - s • • p AUTHORIZATION FOR THE RELEASE OF INFORMATION Prior Employer: Driver: Address: Date of Birth: Soc. Sec.No.: In accordance with 49 CFR 382.405(f)and 382.4 13(b),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 382. 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 382 including records of any of the above information that have been received by the employer from any other sources,including records from other employers. I further authorized and request you to release any information in your possession concerning my evaluation by a substance abuse professional,the identity of that substance abuse professional,my participation in any treatment or rehabilitation recommended by the substance abuse professional and the results of any return-to-duty or follow-up drug and/or alcohol test within the two years preceding this request. I also authorize any substance abuse professional identified herein to release any of the above information to the above-listed employer. A photocopy of this release shall be valid as the original. This authorization shall be valid for one year from the date of signing hereof Date: Driver Signature: To Be Completed By Prior Employer SUBSTANCE ABUSE TEST RESULTS: Driver has never tested positive in or refused to submit to a drug/alcohol test: Controlled Substance: positive. Date: Alcohol: alcohol concentration>0.04. Date: Refusal to be tested: Date SUBSTANCE ABUSE EVALUATION: Substance Abuse Professional: Address: Date of evaluation: Recommendation: Return-to-duty evaluation: yes no Date: SAP determination: compliance non-compliance Return-to-duty test results: negative positive Follow-up testing program: APPENDIX A f NOTIFICATION OF TESTING Employee: Date: The Town of Oro Valley is committed to the goal of obtaining a drug and alcohol-free transit service. Consistent with this goal and in accordance with Federal Highway Administration Regulations, YOU ARE BEING REQUESTED TO SUBMIT TO TESTING AS FOLLOWS: Type of Test: Alcohol Drug Testing Circumstance: Pre-employment Reasonable Suspicion Post-accident Return-to-duty Random Follow-up THIS TESTING IS REQUIRED BY FEDERAL HIGHWAY ADMINISTRATION REGULATION [49 CFR PART 382]. A VERIFIED POSITIVE RESULT AND/OR THE FAILURE OR REFUSAL TO SUBMIT TO TESTING WILL DISQUALIFY YOU FROM THE PERFORMANCE OF SAFETY-SENSITIVE FUNCTIONS FOR THE TOWN AND MAY SUBJECT YOU TO SUCH OTHER ACTION AS OUTLINED BY THE POLICY. Signed: Employee Date: APPENDIX B 1►. POST-ACCIDENT TESTING INSTRUCTIONS Any driver involved in an accident while operating a commercial motor vehicle on a public road will be required to submit to tests for alcohol and controlled substances as soon as practicable following the incident,if: 1. The driver was performing safety-sensitive functions with respect to the vehicle and the accident involved the loss of human life;or 2. The driver received a citation for a moving traffic violation arising from the accident and the accident involves: a. Bodily injury to a person who,as a result of the injury, immediately receives medical treatment away from the scene of the accident;or b. One or more motor vehicles incur disabling damage'as a result of the accident,requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Unless otherwise required by the Town,post-accident drug and alcohol tests will not be required for occurrences involving only boarding or alighting from a stationary motor vehicle or the loading or unloading of cargo. Tests will also not b required for accidents involving the operations of passenger vehicles,unless,the vehicle is transporting passenger for hire or hazardous materials of a type and quantity required to be marked or placarded in accordance with 49 CFR 177.823. In order to ensure that the above requirements are met, in the event of any accident, all drivers are required to take the following actions: These procedures do not require a driver to delay any necessary medical attention for injured people following an accident or to remain at the scene of an accident when his/her absence is necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. DRIVERS ARE STRICTLY PROHIBITED FROM USING ALCOHOL FOR EIGHT HOURS FOLLOWING AN ACCIDENT,OR UNTIL THE POST-ACCIDENT TESTING REQUIREMENTS ARE CARRIED OUT, WHICHEVER OCCURS FIRST. FAILURE OR REFUSAL TO FOLLOW THESE INSTRUCTIONS, INCLUDING THE USE OF ALCOHOL PRIOR TO THE REQUIRED POST-ACCIDENT ALCOHOL TEST, WILL BE CONSIDERED A REFUSAL TO SUBMIT TO A TEST AND RESULT IN DISCIPLINE UP TO AND INCLUDING DISCHARGE. APPENDIX C 1 "Disabling damage"means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so drive. "Disabling damage"does not include: 1. Damage which can be remedied temporarily at the scene of the accident without special tools or parts 2. Tire disablement without other damage even if no spare tire is available. 3. Headlight or taillight damage. 4. Damage to turn signals, horn, or windshield wipers which make them inoperative. t- SUPERVISOR'S REPORT OF REASONABLE SUSPICION Employee: Date: Location: Time: OBSERVATIONS Breath(Odor of Alcoholic Beverage): ( ) Strong ( )Faint ( )Moderate ( )None Eyes ( )Bloodshot ( )Glassy ( )Normal ( )Watery ( )Clear ( )Heavy Eyelids ( )Fixed Pupils ( )Dilated Pupils ( )Normal Speech ( )Confused ( )Stuttered ( )Thick-Tongued ( )Accent ( )Mumbled ( )Fair ( )Slurred ( )Mush Mouthed ( )Good ( )Not Understandable Attitude( )Excited ( )Combative ( )Hilarious ( )Indifferent ( )Talkative ( )Insulting ( )Care-Free ( )Cocky ( )Sleepy ( )Cooperative ( )Profane ( )Polite ( )Other Unusual( )Hiccoughing ( )Belching ( )Vomiting ( )Fighting ( )Crying Action ( )Laughing ( )Other Balance( )Needs Support ( )Falling ( )Wobbling ( )Swaying ( )Other 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 questions concerning the Town's policy or implementation of the Town's drug and alcohol testing program, employees should contact the individual(s) named below: Name: John Zukas Title: Transit Services Administrator Address: 11,000 N. La Canada Drive Oro Valley, AZ 85737 Phone: (520) 229-4980 2. Drug Testing Laboratory The following DHHS-certified laboratory has been designated by the Town to conduct the analysis of all urine specimens tested under the terms of this policy. Name: MedTox Laboratories, Inc. (laboratory account number: 23240) Address: 402 W. Country Rd. D St. Paul, MN 55112 3. Medical Review Officer The following physician(s) has been designated by the Town to perform Medical Review Officer (MRO) functions for all drug tests conducted under the terms of this policy. Name: Substance Abuse Management Inc. —(SAMI) Address: 500 N. 19th Street Milwaukee, WI 53233 Phone: 1-800-247-7264, ext 535 (contact Davia Fenton, Account Manager) 4. Substance Abuse Professional Substance Abuse Professional (SAP) services, including information, referral, assessment, and evaluation, are available from the following company-designated individuals and/or organizations: Name: Referred on a case by case basis by SAMI Address: Phone: APPENDIX E • APPROVED SPECIMEN COLLECTION SITES The facilities listed below are all authorized to conduct urine specimen collection in accordance with 49 CFR Part 40 for the purpose of any controlled substance test required by the Town: Name: Concentra—Tucson, AZ Name: Address: 2005 W. Ruthrauff, Suite 111 Address: Tucson, AZ 85705 Phone: (520) 293-7250 Phone: Contact: Monique Arndt Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: Phone: Phone: Contact: Contact: Name: Name: Address: Address: APPENDIX F v. DEPARTMENT OF TRANSPORTATION URINE SPECIMEN COLLECTION PROCEDURES 1. The collector will ask the donor for photo identification. 2. After verification of the donor's identification, the collector will complete Step 1 of the Custody and Control Form (CCF). 3. The collector will ask the donor to remove any unnecessary outer clothing (coat,jacket, hat, etc.) and to leave hand carried items (i.e. briefcase, pocketbook, bags, etc.) outside the toilet enclosure. The collector will secure these items and provide a receipt if requested by the donor. The donor will not be required to empty his/her pockets unless the collector has reasonable cause to believe that the donor has items which can be used to adulterate or substitute the specimen. 4. The collector will instruct the donor to wash and dry his/her hands. 5. The collector will provide the donor a wrapped/sealed collection container and/or specimen bottle(s). Either the collector or the donor may open the container/bottle(s) in the donor's presence. 6. If the container and the bottle(s) are wrapped together, the donor should be allowed to take the container and the bottle(s) into the toilet enclosure. If the container and the bottle(s) are wrapped separately, only the collection container should be taken into the toilet enclosure. The wrapped bottle(s) should remain outside the enclosure and be opened in the donor's presence when the donor presents the filled collection container to the collector. 7. The collector will accompany the donor to the toilet enclosure where the donor will provide the urine specimen. The donor will enter the toilet enclosure and shut the door; the collector remains outside the closed door. 8. The donor will hand the filled collection container to the collector. Both the donor and the collector should maintain visual contact of the specimen until the labels/seals are placed over the bottle cap(s). 9. The collector checks the specimen, reading the specimen temperature indicator within 4 minutes of receiving the specimen from the donor. The collector marks the appropriate box in Step 2 of the CCF. 10. The collector checks the specimen volume, ensuring that there is at least 45 ml (approximately 1.5 oz.) of urine if it is a split specimen collection procedure, and 30 ml of urine if it is a single specimen collection procedure. NOTE: If the employee is unable to void or voids an insufficient amount of urine, the employee will be provided up to 40 ounces of fluids and up to three hours to provide the specimen. Any partial specimen will be discarded. 11. The collector checks the specimen for unusual color, odor, or other physical qualities that may indicate an attempt to adulterate the specimen. 12. The collector will pour at least 30 ml of specimen into a specimen bottle (designated Bottle A, if it is a split specimen collection procedure). The remainder of the specimen (at least 15 ml) will be poured into a second bottle (designated Bottle B). If it is a single specimen collection, the collector will pour at least 30 ml of specimen into the bottle. 13. The collector immediately places the lid/cap(s) on the specimen bottle(s), and then applies tamper-evident label/seals (CCF, Step3). 14. The collector will write the date on the label/seal(s). The donor will be asked to initial the label/seal(s) once they are affixed to the bottle(s). 15. After sealing the specimen bottle(s), the donor will be permitted to wash and dry his/her hands, if he/she so desires. 16. The donor will be instructed to read and complete the donor certification section of the CCF (Step 4), including signing the certification statement. 17. The collector will complete the collector certification section of the CCF (Step 5), including signing the certification statement and recording the date and time of the collection. 18. The collector will record any remarks concerning the collection process in the "remarks" section of the CCF. 19. The collector will complete the chain of custody block in Step 6 of the CCF. At a minimum the collector will complete the specimen received by, purpose of change, date, and released by blocks of the chain of custody. 20. The collector will give the donor his/her copy of the CCF (copy 5). The donor may leave the collection site at the completion of this step of the collection process. It is not necessary for the donor to remain at the collection site while the specimen bottle(s) and CCF are being prepared and packaged for shipment. 21. The collector will prepare the bottle(s) and copies 1, 2, and 3 of the CCF for shipment to the laboratory. If it was a split specimen collection, both bottles and accompanying copies of the CCF will be shipped together to the laboratory. The bottle(s) and CCF copies will be shipped in a padded mailer or shipping container, secured with an outer seal. The collector will initial and date the seal on the shipping container. 22. The collector will send the MRO copy of the form directly to the MRO address on the form, and the employer copy to the designated Town representative. APPENDIX G 1 PRE-EMPLOYMENT TESTING EXEMPTION The Town will not require a driver to undergo a pre-employment/pre-duty drug test if the driver verifies that: 1. The driver has participated in a drug testing program meeting the requirements of 49 CFR Part 382 within the previous 30 days; and 2. While participating in a previous program, the driver either was tested for controlled substances within the past six months, or participated in a random controlled substances testing program in the previous 12 months; and 3. No prior employer of the driver whom the employer has knowledge or has records that the driver has violated a DOT controlled substance use rule within the previous six months. Before any driver will be exempted from a pre-employment/pre-duty controlled substance test, the Town will contact the controlled substances testing program(s) in which the driver participates or has participated, and obtain and retain the following information: 1. The name(s) and address(es) of the program(s). 2. Verification that the driver participates or has participated in the program(s). 3. Verification that the program(s) conforms to 49 CFR Part 40. 4. Verification that the driver is qualified under the rules of 49 CFR Part 382, and that he/she has not refused to be tested for controlled substances. 5. The date the driver was last tested for controlled substances. 6. The results of any test taken within the previous six months and any other violations of the prohibitions in 49 CFR Part 382. See appendix J. In the event the Town uses, but does not employ, a driver more than once a year, it will obtain the above information every six months. APPENDIX I VERIFICATION OF PARATICIPATION IN A BONA FIDE ALCOHOL/CONTROLLED SUBSTANCE TESTING PROGRAM Name of Program: Driver: Address: Date of Birth: License No.: 1. The driver listed above participated in and/or is participating in our alcohol/controlled substance testing program: Yes No Dates of Participation: 2. The program conforms to the requirements of 49 CFR Part 40: Yes No. 3. The driver is qualified to operate a commercial motor vehicle in accordance with the Federal Motor Carrier Safety Regulations, 49 CFR Part 382: Yes No. The driver has consented to be tested for controlled substances: Yes No. 4. Date driver last tested for controlled substances: 5. Controlled substance test results (within last six months): Positive Negative 6. Other violations of 49 CFR Part 382: Yes No. If yes, please describe: I hereby certify that all of the above information is true and accurate. Date: Signature: Phone: Title: Note: The Town will require verification of the above information at least once every six months. APPENDIX J TOWN OF ORO VALLEY ADDENDUM ITEM I COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Craig Civalier, PE SUBJECT: OV12-01-07 PUSCH RIDGE VISTAS FINAL PLAT, FOR 31 SINGLE-FAMILY LOTS, LOCATED ON THE SOUTHSIDE OF NARANJA DRIVE WEST OF WATER PLANT 18, PARCELS 224-280-01J AND 224-280-01P: ADDENDUM STAFF RECOMMENDATION: Staff recommends adding the following condition to Exhibit A: 5. A General Note shall be added to the Final Plat stating that: "Lots 1, 2, 4, 5, 7, 8, 11, 12, 15, through 18, 20, 21, 25, 26, 27, and 29 shall require a calculation for maximum building height per Pima County Zoning Code Illustration 18.81-1 in cases where fill has been placed directly under the building footprint only. Fill shall be defined as material necessary to construct the building pad to the elevations on the approved grading plan above existing pre-developed ground elevations. If the building footprint lies entirely within a cut, no calculation is required and the maximum building height shall be as indicated on the Preliminary Plat." uis condition will clarify the measurement for building heights for builder "nd staff perm/ i &) 4'H viewers. i f Planning d Zoning s dministrator 9 ./ . ____ Community Develo.. -nt Director / / A / . i / Town Manager F:\OV\OV 12\2001\OV 12-01-07\TC FINAL PLAT ADDITIONAL GEN NOTE.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Conant, Planner II SUBJECT: OV12-01-07 PUSCH RIDGE VISTAS FINAL PLAT, FOR 31 SINGLE-FAMILY LOTS, LOCATED ON THE SOUTHSIDE OF NARANJA DRIVE WEST OF WATER PLANT 18, PARCELS 224-280-01J AND 224-280-01P BACKGROUND: The Town Council approved the Preliminary Plat on November 7, 2001. All Preliminary Plat conditions have been addressed. The Improvement Plans for this project have been approved and signed by the Town Engineer. SUMMARY: Baker&Associates Engineering, representing Sombra Homes, requests approval of a Final Plat for 31 single- family lots. The project site is 27.38 acres and located on the south side of Naranja Drive, west of Water Plant 18. The site is undisturbed desert with a topography which includes ridgelines and slopes of 25 percent or greater. The Town and Melcor entered into an annexation agreement and the property was annexed on October 5, 1994. The agreement requires that all plat within the Melcor PAD be reviewed per the 1994 Pima County Development Code. The agreement is effective until 2004. All issues relating to the Final Plat have been concluded to the mutual benefit of the Town and developer. OVZCR: The Final Plat complies with the intent and purpose of the OVZCR and the Pima county Development Code, under which this plat was reviewed, per the pre-annexation agreement. GENERAL PLAN COMPLIANCE: The Final Plat for Pusch Ridge Vistas is in conformance with the Low Density Residential land use designation of.6 to 1.2 dwelling units per gross acre. As proposed, the plat promotes: Policy 1.1B: Promote clustering (average density) development to protect environmentally sensitive areas. Clustering is a development design technique that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots, and the remaining land area is devoted to open space. TOWN OF ORO VALLEY ~OUNCIL COMMUNICATION Page 2 of 2 Policy 1.1C: Clusters should be encouraged for the preservation of significant,passive use, natural open space within residential neighborhoods. The integration of natural open space within clustered developments should promote openness. RECOMMENDATION: Staff recommends that the Town Council approve OV 12-01-07, Pusch Ridge Vistas Final Plat subject to the conditions listed in Exhibit"A". SUGGESTED MOTION: I move to approve OV 12-01-07, Pusch Ridge Vistas, Final Plat subject to the conditions listed in Exhibit "A" attached herewith. Attachments: 1. Exhibit "A" 2. Final Plat Pusch Ridge Vistas Planning and Z• i g Administrator Commun. y Devel%.- ent Director Town Manager EXHIBIT 'A" CONDITIONS OF APPROVAL PUSCH RIDGE VISTAS FINAL PLAT OV12-01-07 1. Per the Town of Oro Valley Zoning Code Revised Section 4-405.A.6,the final drainage report incorporating changes/addenda will be required prior to the issuance of any grading permit. rp g an Y 2. An addendum to theg eotechnical report shall be provided to assess conditions exposed during any earthwork. 3. All m drainage improvements shall be provided pursuant to the"Second Amendment to the Drainage p Improvement Agreement Melcor/The Highlands Inc", or as amended. 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N N• 9 E c”; N 21 iRl i2-P.,g,,1 SNE _-'' "-a ,▪ p lA '4S D a TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE:March 20, 2002 TO:• HONORABLE MAYOR& COUNCIL N. Rodriguez,P.E., Project Manager/Civil Engineer FROM: Jose SUBJECT: Resolution (R)02-23 Award of contract for Project No. OV3 0 01/02-17 Oro Valley Police Department—Parking Lot Expansion SUMMARY: constructingsecuredparking lot for 50 OVPD vehicles. This This project involves a n to the existing parking lot will be an expansiogparking lot located northwest of the OVPD building. This work includes grading, paving,in striping, curbs, sidewalk, slope stabilization, g� P oles,minor electrical work and other incidental work. new dumpster area,light p Alternate No. 1 involves constructing a perimeter erimeter fence around for the proposed parking lot and other incidental work. Alternate No. 2 involves constructing two (2)-automated gates for the proposed parking lot and other incidental work. advertisement for bids,the Town received four bid proposals. In response to the The bid proposals were opened byTown staff at 10:00 A.M.Friday,March 1,2002. The following is a summary of the bids received along with the engineer's estimate: 1. Falcone Brothers and Associates,Inc.: Parking Lot $116,000.00 Alternate No.1 $39,900.00 Alternate No.2 $14,000.00 Total = $169,900.00 2. NAC Construction: 00 Parking Lot $169,887. Alternate No.1 $19,800.00 Alternate No.2 $26,000.00 • Total = $215,687.00 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 3. Pima Paving, Inc. Parking Lot $171,900.00 Alternate No.1 $21,415.00 Alternate No.2 $29,389.00 Total = $222,704.00 4.Carnes Construction,Inc Parking Lot $214,000.00 Alternate No.1 $24,000.00 Alternate No.2 $31,400.00 Total= $269,400.00 Engineer's Estimate Parking Lot $128,000.00 Alternate No.1 $21,300.00 Alternate No.2 $40,000.00 Total= $189,300.00 ATTACHMENTS: Resolution(R) 02-23 FISCAL IMPACT: The apparent low bidder is $169,900. There is a short fall of$22,164. Town staff is asking Town Council for an additional $37,264 to cover difference and contingencies. Funding Summary: Low Bidder $169,900 Contingency $ 15,100 Total $185,000 Available Funds $147,736 Additional Funds required $ 37,264 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 3 RECOMMENDATION: Public Works staff recommends the awarding of this contract to Falcone Brothers and Associates,Inc. through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R)02-23 and to transfer funds in the amount of $37,264 from the Town's General Fund Contingency. I move to deny Resolution(R) 02 - 23 Paul K. Nzomo P.E.,Engineering Div. Manager William A Jansen, , E., Town Engineer Chuck Sweet, To IF Manager RESOLUTION NO, (R) 02-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE ORO � , MAYOR TO CONTRACT WITH FALCONS BROTHERS HERS AND IATES INC. FOR CONSTRUCTING A SECURED PARKING LOT ASSOC , FOR THE ORO VALLEY POLICE DEP NT. WHEREAS, the construction of the parking lot will provide more parking spaces to the existingparkinglot for the Oro Valley Police Department which is necessary in order to provide secured storage and safe operating conditions and effective movement of police vehicles. 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 Falcone Brothers and Associates,Inc. for constructing a secured parking lot and thus providingadditional secured parking spaces and safe operating conditions o and effective movement of police vehicles. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: Authorizing Mayor Ma or to contract with Falcone Brothers and Associates, Inc. for constructing a secured parking lot for the Oro Valley Police Department, including slop stabilization,e perimeter fence, automated gates, light poles, curbing, sidewalk and other incidental work. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2 0 t tay ofMa r ch ,2002. TOWN OF ORO VALLEY,ARIZONA Paul H.Loomis,Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan Dudley,Town Attorney Date Date t- ‘, 5 n n '71 :at. n z 5,ci pli z n !_7:-3, '-d n C P-,‘. \-64 . Ci) P cn n S4 0 ri P CD til r-4 H ,...�, g. 5 p Z O o 0 O `•� ,FhpJ�cn ' 5 rro 0. p •• 1 rt 0 En Cl)oo � � � C) 00 a � �' � o CCD , $ r1 $ ff., P 6 CA C C ~• Q' P ` 0 ,tal .. P• • Cl) CCD i-t0 CSD • O N '�--+-+ LA oo 0 oo 0o Q q oc .7-1- N P. • `C 0, -1• w n w O CM n ril CCD 0 CD ) Ca. - `� CTQ a ---.i ,-,.1 • CD o CD a .1 P• cn O CD C) C a �•ri- ° CD O P o 0 r tri r 4 (2, ri).,4 '-cl 4 � c� oro r LA L owv4 LA `� O � tHr•I � - - N ►--., 0 0oo CD o a 0 4 Y O 0 O O 4 , tt z H IN ►-r N - N '-' N ~ bs Ef, E,,,, E,f, ,,,, ;,,, , CD t...) - -, (.,.., - 4, - CT 4, \O ':pp w .p O oo O . r+ O O Oo - O O 0 0 OO � Ui OO OO co O O 0000 0000 00c0 �' O O R° N TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: APPROVAL OF REQUEST FOR SPONSORSHIP OF TOWN HALL MEETING WITH DISTRICT 12 STATE LEGISLATORS SUMMARY: A request has been received by Senator Toni Hellon to use the Town Council Chambers for the purpose of holding a public Town Hall meeting with District 12 State Legislators for Oro Valley residents on Thursday, April 11, 2002 from 7:00 p.m. to 8:30 p.m. If the Town Council agrees to sponsor this event, the usage fee and the requirement to provide the Town with liability insurance will be waived. SUGGESTED MOTION: I MOVE to approve the sponsorship of a Town Hall meeting with District 12 State Legislators scheduled for ,hursday, April 11, 2002 from 7:00 p.m. to 8:30 p.m. ATTACHMENTS: 1. Letter of Request from Senator Toni Hellon D X4c H r d e " ' Town Man.ger qF�tlE S T,4 •'�`°. , COMMITTEES: TONI HELLON ,� imams- DISTRICT 12 FAMILY SERVICES, :..:, o VICE-CHAIRMAN STATE SENATOR FORTY-FIFTH LEGISLATURE N*1912 APPROPRIATIONS EDUCATION CAPITOL COMPLEX,SENATE BUILDING HEALTH PHOENIX,ARIZONA 85007-2890 i~*"" PHONE(602)542-4326 TOLL FREE 1-800-352-8404,EX.4326 Artzona State TUCSONenate ' ' SENATE OFFICE " FAX(602)542-3429 400 W.CONGRESS STREET E-MAIL thellon@azleg.state.az.us SOUTH BUILDING, C,.. ROOM 201 TUCSON,ARIZONA 85701 '["a (520)628-6596 FAX(520)628-6615 ;; February 28, 2002 Ms. Kathryn Cuvelier Town Clerk Town of Oro Valley 11000 N. La Canada Oro Valley, AZ 85737-7015 Dear Ms. Cuvelier, I would like to request the use of the Town Hall on Thursday, April 11, 2002, from 7:00 to 8:30 p.m., for the purpose of holding a Town Hall meeting with District 12 State legislators. Thank you for your assistance. cerely, • TONI HELLON State Senator TH:rs TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Melissa Shaw, AICP, Project Manager SUBJECT: APPOINTMENT TO A VACANCY ON THE GENERAL PLAN UPDATE 2020 STEERING COMMITTEE BACKGROUND: Valley's General Plan, Update 2020, The Future in Balance, began in August, 2001. The update to Oro y p An important part processimplementation the is the im lementation of the Town's Public Participation Action Plan one of thepublic involvement strategies outlined in the PPAP was the formation of a (PPAP), and _ . Committee to oversee and guide the plan update. A Steering Committee was appointed in Steering 2001. One of the members, Chamber of Commerce representative Andrew Way, has resigned September, due to travel and residencychanges. The Chamber has recommended a replacement, Ms. Melanie Larson. p Also, at the time of the September 2001 Council Communication, the CDO High School representative was to-be-determined. Since that time the school recommended Andrew Shedlock as their student representative, and Mr. Shedlock has been attending the meetings. RECOMMENDATION: Staff recommends that Town Council appoint Ms. Melanie Larson to the Chamber of Commerce position, and Andrew Shedlock as the CDO High School representative to serve on the General Plan Update 2020 Steering Committee. SUGGESTED MOTION: I move to approve the appointment of Ms. Melanie Larson as the Chamber of Commerce representative, and Andrew Shedlock as the CDO High School representative to the General Plan Update 2020 Steering Committee. ATTACHMENT: 1. Letter from Chamber of Commerce kph Planni a' d :oning As ministrator 7I)ZAvI-1/ Co OS unity Develo•ment Director • / / ifa---'---- Town Manager F:\PROJECTS\GP2001\Staff Reports\Steering Committee vacancy TC.doc NORTHERN PIMA COUNTY it ! IAMBI"- OF COMMERCE March 14, 2002 Chuck Sweet, Town Manager Town of Oro Valley 11400 N La Canada Drive Oro Valley, AZ 85737 Dear Mr. Sweet, On behalf of the Board of Directors of the Northern Pima County Chamber of Commerce, the you followingis to advise that Melanie Larson will serve on the Oro Valley General Plan Update Steering Committee to represent the Chamber. Mr. Andrew Waywas unable to continue to serve on the Steering Unfortunately, Committee so Ms. Larson will serve in his place. Ms. Larson is a current member of the Chamber Board of Directors and will serve to represent the interests of the Chamber and its constituents. Best regar• , If i r 41mante,411, tive Director ,,e, Executive Northern Pima County Chamber of Commerce „ciiw 10 I It's Good For Business! 200 West Magee Road,Suite 120 - Tucson,Arizona 85104 - 520/291-2191 phone - 520/142-1960 fax - www.the-chamber.com s � 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Bayer Vella, AICP, Senior Planner SUBJECT: CITIZENS PLANNING INSTITUTE GRADUATION SUMMARY: The Oro Valley Citizen Planning Institute provides Town residents an opportunity to learn about planning and zoning pp rinci les, rules, and procedures. The general aim is to empower citizens to become more effectively involved in planning decisions. The sixth annual Citizen Planning Institute consisted of 32-hours of instruction designed to give the participants knowledge of the planning processes in Oro Valley. Held approximately every two weeks on Thursday evenings, the twelve interactive classes included presentations by Town Staff, outside professionals and experts, group exercises, attendance at General Plan and Naranja Town site meetings, two Saturday field days, and attendance at a Development Review Board meeting. The comprehensive curriculum included topics ranging from the legal foundation of planning, general zoning requirements, site planning basics, enforcement, to native plant salvage techniques. The 2001-2002 curriculum is attached. This year 24 citizens will be graduating, which is the largest class ever. Attached is a list of those who completed the Citizen Planning Institute. Staff wishes to formally acknowledge the accomplishment of each participant. The Mayor will distribute Graduation Certificates at the Town Council meeting. ATTACHMENTS: 1. 2001-2002 Citizen Planning Institute Curriculum 2. List of Graduates ./(A-- ---- Planning and Zoning dministrator o Community Dev- •f ment Director / / d Al , Town Mana:er F:\PROJECTS\CITPLAN\2001-2002 File\Mar 20 TC report.doc Town of Oro Valley Citizen Planning Institute (CPI) 2001-2002 Fall and Winter Class Schedule* ' n: Oro ValleyHistory, Town Organization and Overview. Thursday, October 18, 2001. Hopi Class I. Introduction: ry 9 Conference Room 6:30—8:30 PM • Introductions, Staff • Welcome: Importance and Benefits of Citizen Involvement, Mayor Loomis • Oro Valley History, Brent Sinclair, Community Development Director • Town Organization and Staff, Chuck Sweet,Town Manager • Boards and Commissions, Bryant Nodine • PlanningZoning and Commission Responsibilities and Workplan, Bill Moody, Chair, Planning&Zoning Commission • Additional Opportunities to Get Involved(CIP, TAC's, PAC's, Future Search 2020), Staff • Class Overview, Schedule, Handouts, Staff Class II: General Plan—Future Search Conference. Saturday, October 27, 2001. EL CONQUISTADOR CC 9:00am—3:45pm • General and Comprehensive Plans (Focus 2020), Staff • Sustainable Development—Panel Discussion, Consultant Team • General Plan Elements and Issues, Consultant Team Class III:General Plan. Thursday, November 1, 2001. Courtroom 6:30—8:30 PM • Organization and Framework, Melissa Shaw • Growing Smarter, Kristen Keener, Community Planning Specialist, Department of Commerce • General Plan Elements, Bryant Nodine • General Plan Implementation, Bob Conant • How to Stay Involved with the General Plan Update, Tom Keiran Class IV: Land Use Planning: History and Legal Foundations. Thursday, November 15, 2001. Hopi Conference Room 6:30-8:30pm • Brief History of Land Use Planning, Bryant Nodine, Oro Valley Planning &Zoning Administrator • The Legal Basis of Planning and Property Rights, Frank Cassidy, Attorney • Planner's Code of Ethics, Dr. Barbara Becker, Director U of A School of Planning Class V Naran'1a Town Site. Monday, December 3, 2001 Time and Location to be Determined • Planning Cherette Class VI Geographic Information System (GIS) Thursday, December 13, 2001, Hopi Conference Room.6:30— 8:30 PM • GIS as a Planning Tool, Laura Pinnas,GIS Analyst • Demographics, Sangeeta Jain and Tom Keiran Class VII Zoning, Rezoning, and Introduction to the Development Process Thursday, January 24, 2002 Hopi Conference Room 6:30—8:30 PM • A Brief History of Zoning and Ordinance Development, Bayer Vella • An Overview of the Zoning Code&Development Process, Bob Conant • The Rezoning Process, Bob Conant • A Consultant's Perspective on Development, Mike Grassinger,The Planning Center Class VIII: Current Planning. Thursday, February 7, 2002. Hopi Conference Room 6:30—8:30 PM • An Overview of Site Planning Principles, Karen Novak, Novak Environmental • Crime Prevention Through Environmental Design (CPTED), OVPD Representative • Development Plan and Subdivision Plat Review, David Ronquillo&Project Manager(plus all Planning Staff) Class IX: Public Hearings Tuesday, February 12, 2002 Hopi Conference Room —5:00p.m. • Civil Discourse, Consensus Building and Problem Solving, Melanie Seacat, PAG Public Involvement Manager • Parliamentary Procedures and Public Meeting Mechanics, Dan Dudley, OV Town Attorney&Staff • Attend DRB Hearing held in the Town Council Chambers. • Discussion with DRB Members Class X: Enforcement Field Trip. Saturday, March 2, 2002, 9am to 12pm. Meeting location to be determined. • Zoning Enforcement and Compliance, Dee Widero and Enforcement Staff Class XI: Native Plant Preservation. Saturday, March 16, 2002,9am to 12pm. Meeting location to be determined • Save-A-Plant Training,Judy Imhoff and Course Instructor Class XII Final Wrap Up Session. Wednesday, March 20, 2002, Hopi Conference Room 5:30pm • Being a Leader in Your Community, Deb Sydenham, Department of Commerce • How to Become a Board, Commission or Council Member, Kathi Cuvelier,Town Clerk • Q&A • Graduation with Town Council—Town Council Chambers 7:30PM *MOST Classes are from 6:30-8:30pm in the Oro Valley Community Development Hopi Room unless otherwise noted. 2001-2002 CITIZEN PLANNING INSTITUTE GRADUATION LIST Donald Manross Paul Begtzos Robert Svejcara Helen Dankwerth Dick Honn Laura Clark Jennifer Sterba Carol Acheson Jane Peterson Michael Carroll Donna Shaw Jerry Mohling Pam Sabato Veronica(Roni) Sabato Thomas Keiran Theodore Reynolds Chester Ware Kenn Block Michael Vakerics Richard Feinberg Erik Williams Joanne Miller Jacqueline Devery Sandi Siegal 0 • 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: ResolutionNo. (R)02-24 — Canvass of the Votes — Declaring and adopting the results of the Ballot By Mail Primary Election held on March 12, 2002 SUMMARY: The attached resolution declares and adopts the results of the Ballot By Mail Primary Election held on March official canvass prepared byPima County Elections dated 3/14/02 show the following results: 12, 2002. The p p Mayor: Wayne Bryant 1925 (27.09%) Ken Kinared 1040 (14.64%) Paul Loomis 3873 (54.51%) Paul Loomis received 54.51% of the vote and is declared elected to the Office of Mayor and shall serve an additional 4 year term commencing June 5, 2002—May 2006. Council Member: Paula Abbott 2801 (39.42%) Lyra Done 1845 (25.97%) Emily Smith Sleigh 1459 (20.53%) candidate for council member received a majority of the ballots cast, therefore, Paula Abbott and Lyra No St shall have their names placed on the general election ballot to be held on the 21 day of May 2002. The Done voter in the Town 3 3 days prior to the May 21, 2002 (April 18th) as ballots shall be mailed to each registered previously designated by Mayor & Council by Resolution No. (R)02-109. 400 Alternative Expenditure Limitation(Home Rule Option): Yes 5369 (75.57%) Propositionp No 1548 (21.79%) 401 Referendum on Annexation Ordinance No. (0)01-09 Yes 4546 (63.98%) Propositiono No 2430 (34.20/0) The total number of ballots cast was 7105, representing 41.60% of the registered voters. (17079). SUGGESTED MOTION: I move to approve Resolution No. (R)02-24. ATTACHMENTS: 1. Resolution No. (R)00-24 2. Official Canvass prepared by Pima County Elections dated 3/14/02 / A it Depa `-`-t Head .111f1 Town Manager RESOLUTION NO. (R)02-24 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE BALLOT LLOT BY MAIL PRIMARY ELECTION HELD ON MARCH 12, 2002. WHEREAS, the Town of Oro Valley, Pima County, Arizona did hold a ballot by mail primaryday election on the 12th of March 2002, for the election of a Mayor and one council member, and Proposition 400 regarding the Alternative Expenditure Limitation (Home Rule Option) and Proposition 401 Referendum on Annexation Ordinance No. p (0)01-09. WHEREAS, the election returns have been presented to and have been canvassed by the Town Council, NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Pima County, Arizona, as follows: SECTION 1. That the total number of ballots by mail received for the primary election was 7105, representing 41.60% of the registered voters. SECTION 2. That the votes cast for the candidate for Mayor were as follows: Wayne Bryant 1925 (27.09%) Ken Kinared 1040 (14.64%) Paul Loomis 3 873 (54.51%) SECTION 3. That it is hereby found, determined and declared of record, that the following candidate is hereby elected to the Office of Mayor and shall serve 4 year terms commencing June 5, 2002—May 2006: MAYOR: PAUL LOOMIS SECTION 4. That the votes cast for the candidates for council member were as follows: Paula Abbott 2801 (39.42%) Lyra Done 1845 (25.97%) Emily Smith Sleigh 1459 (20.53%) Candidate votes needed to avoid a general election: 3553. No candidate for council member received a majority of the ballots cast. SECTION 5. There being1 Council Member seat left to be filled at the general election, It is hereby found, determined and declared of record, that the following candidates shall have their namesplaced on thegeneral municipal election ballot of the Town of Oro 21st Pima Count Arizona, to be held on the day of May 2002. The ballots shall Valley, y,g be mailed to each registered voter in the Town of Oro Valley on the 33rd day prior to the May 21, 2002 General Election, as designated by Resolution No. (R)02-109. COUNCIL MEMBER: PAULA ABBOTT LYRA DONE Proposition 400 Alternative Expenditure Limitation (Home Rule Option) Yes 5369 (75.57%) No 1548 (21.79%) Proposition 401 Referendum on Annexation Ordinance No. (0)01-09 Yes 4546 (63.98%) No 2430 (34.20%) SECTION 5. This resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 20th day of March, 2002. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 17.4,14 Ce # .411tri PIMA COUNTY OFFICIAL ( 4 S ASS MIA OF ORO VALLEY PRIMARY ELECTION MARCH IL 2002 PIMA COUNTY DIVISION OF ELECTIONS no W CONaftESS ST. 8TH FLOOR TUCSON, AZ 85701 TEL. 740-4260 l O'�1'l s•1 711_ r. I Ci \<'%, ,„ � _Jam.• 1-- DIVISION OF ELECTIONS 130 W. CONGRESS STREET TUCSON, ARIZONA 85701 (520) 740-4260 FAX (520) 620-1414 Be Heard... VOTE! March 14, 2002 In accordance with Arizona Revised Statutes, Titlel 6, I hereby certify the enclosed tabulation is a full, true and correct copy of the Returns of the Consolidated Elections held pursuant to Arizona Constitution and Arizona Revised Statutes Title 9 and 16 in and for The Town of Oro Valley, County,Count , Arizona on March 12, 2002. This tabulation includes all mail ballots cast at said election. Respectfully submitted, Bryan S. Crane Pima County Elections • oil Nis um am no um um am am am INN an um Nom Ns um um sim not ma um am an I nisi nil ■ ■ Rim iiii poi mom :.S:S::t`:'!:Y.:ti:t::3::t'`:SX::X`.• L t r A:r::..:.i....`i3C.'::::.r::S:::'i•:\'1:::,:i•t.f1.)I7:•:: ':'t1`...,.y;. .:%:!�• .:SK:'1:i'St.....t f,••i•i: !,::;;-,i.S.�x: . 5 ,r �e ;'v.:r.3R: -t l •r•1.,,.. .y.,..:l I.a ieii:iii:::•.. 1. :.. i ::7si.��•' 3. �..i.r r •t. 1.. 1 .i: 1! .3. t C �D CJ OT`' Y... :i/. i a •1. :Y:. Bo U .OT�� N� C .A Y. :�i:. .ice*/- .t.. s :H .S D .� o efif;il EN •t 7 !il i • Ns 400 PROPOSITION .• al submitted by the Town Council of the Town of Oro Valley,Arizona Resolution No.(R)01-116 LIMITATION(HOME RULE OPTION)FOR THE TOWN OF ORO VALLEY, .,IAL TITLE:.A RESOLUTION PROPOSING AN(EXTENSION OF)LOCAL ALTERNATIVE EXPENDITUREim ARIZONA. DESCRIPTIVE TITLE: Pursuant to the Arizona State Constitution,this proposal establishes an alternative expenditure limitation for the Town of Oro Valley for the next four years. Annually,the Town Council will determineum the amount of the alternative expenditure limitation for the fiscal year after at least one public hearing. This alternative expenditure limitation replaces the state- imposed expenditure limitation. an A"YES"vote shall have the effect of establishing an alternative expenditure limitation for the Town of Oro Valley. ■■ ANOvote shall have the effect of not allowing the Town of Oro Valley to establish an alternative expenditure limitation and to require expenditures of the Town to be limited by the state- - imposed expenditure formula. . 1 . ... PROPOSICION 400' • •• Propuesta sometida por el Consejo del Pueblo de Oro Valley,Arizona Resoiucion Num.(R)01-115 0 DE GOBIERNO PROPIO)PARA EL PUEBLO p LO OFICIAL: UNA RESOLUCION PROPONIENDO UNA(EXTENSION DE)LIMITACION ALTERNATIVA DE GASTOS LOCAL(OPCION ■■ � TITULO DE ORO VALLEY,ARIZONA. 1 TITULO DESCRIPTIVO: De acuerdo a la Constitucion del Estado de Arizona,esta Proposicion establece una limitacion alternativa de gastos para el Pueblo de Oro Valley para los cuatro ■■ ' ' lm me el del Pueblo determinara la cantidad de la limitacion alternativa de gastos para el ano fiscal despues de al menos una audiencia publica.La limitacion prox�mos anos.Anualmente, Consejomil • alternativa de gastos reemplaza la limitacion de gastos impuesta por el estado. ▪ Un voto de"Si"teridra el efecto de establecer una limitacion alternativa de gastos para el Pueblo de Oro Valley. ■ "- permitirValleyestablecer una limitacion altemativa de gastos y requerir que los gastos del Pueblo de Oro Valley se limiten a la formula I Irl Un voto de NO tendra el efecto de no al Pueblo de Oro de gastos impuesta por el estado. El I II O YES/SI ■s ▪ ONO ■ ■ ▪ ROPOSITION 401 ■ 3ENDUM ORDERED BY PETITION OF THE PEOPLE loo .,;IAL L VALLEY,PI , IA L TITLE: AN ORDINANCE OF THE TOWN OF ORO VALLEY,PIMA COUNTY,ARIZONA EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO �■ 1 MA COUNTY STATE OF ARIZONA,PURSUANT TO THE PROVISIONS OF TITLE 9,CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, V BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY,ARIZONA. 12"INTO THE TOWN 111 DESCRIPTIVE TITLE: THIS ORDINANCE PROVIDED FOR THE ANNEXATION OF 357.77 ACRES COMMONLY KNOWN AS RANCHO VISTOSO,NEIGHBORHOOD OF ORO VALLEY,ARIZONA.I IIIA"YES"vote shall have the effect of approving the adoption of Ordinance No.(0)01-09 by the Oro Valley Town Council annexing 357.77 acres of land commonly known as"Rancho Vistoso, ▪ Neighborhood 12". AIIIN • " O"vote shall have the effect of disapproving the adoption of Ordinance No.(0)01-09 by the Oro Valley Town Council annexing 357.77 acres of land commonly known as"Rancho Vistoso, ▪ Neighborhood 12" leaving Rancho Vistoso Neighborhood 12 in Pima County,Arizona. ■ a PROPOSICION 401 REFERENDUM PEDIDO POR EL PUEBLO � ARIZONA QUE EXTIENDE Y AUMENTA LOS LIMITES DE LAS ZONAS INCORPORADAS is TITULO OFICIAL: UNA ORDENANZA DEL PUEBLO DE ORO VALLEY,CONDADO DE PIMA, POSICIONES DEL TITULO 9,CAPITULO 4,ARTICULO 7 DE LOS ■ • DEL PUEBLO DE ORO VALLEY,CONDADO DE PIMA,ESTADO DE ARIZONA,DE ACUERDO CON LAS,DIS 0 TERRITORIO CONTIGUO A LOS LIMITES ACTUALES DEL ESTATUTOS ENMENDADOS DE ARIZONA Y LAS ENMIENDAS A LOS MISMOS,MEDIANTE LA ANEXION DE CIERT ■ PUEBLO DE ORO VALLEY,ARIZONA. a TITULO DESCRIPTIVO: ESTA ORDENANZA DISPUSO LA ANEXION AL PUEBLO DE ORO VALLEY,ARIZONA,DE 357.77 ACRES CONOCIDOS COMUNMENTE COMO"RANCHO a ■ VISTOSO,BARRIO 12". ■ Un voto de Slproducer'a el resultado de a P robar la adopcion de la Ordenanza Num.(0)01-09 del Consejo del Pueblo de Oro Valley que anexiona 357.77 acres de terreno conocido ■ comunmente como "Rancho Vistoso,Barrio 12".• NOconocido ■ Un voto de p " " roducira el resultado de desaprobar la adopcion de la Ordenanza Num.(0)01-09 del Consejo del Pueblo de Oro Valley que anexiona 357.77 acres de terreno • comunmente como "Rancho Vistoso,Barrio 12",dejando a Rancho Vistoso Barrio 12 en el Condado de Pima,Arizona. •■ ■ YES/SI - . Im • .i., . ., NO i [,,,, j t�y � . a \-1 ` . sttjy;�.� ,M1/05 , t al • 0 yJf4 A, 14 . •7=i �.7. izi,,, ■ ■ ■ ■ MI ■ N MI MI r ■ ■ ■ MI N ■ ■ ■ BACK Card 3 RptPct 902 "09-02" ELECTION SUMMARY • Date:03/14/02 Electron Summary Report Time:09:42:52 9:42:52 Oro Valley Primary, March 12, 2002 Page:1 of 1 Summary For Town of Oro Valley, All Races FINAL TOTALS - ALL BALLOTS CAST ORO VALLEY MAYORtl Vote For: 1 Mail "; Precincts Reporting 5/5 100.00% `=r Ballots Cast/Reg. Voters 7105/17079 41.60% Total Votes 6856 96.50% 11 Times Blank Voted 237 3.34% 8 i::i Times Over Voted 12 0.17% :r; Number Of Under Votes 0 0.00% fi :y BRYANT,WAYNE 1925 27.09% Iii KINARED,KEN 1040 14.64% r= LOOMIS,PAUL 3873 54.51% 11 iWrite-in Votes 18 0.25% S .a-a.:•� ^ ..aL ;Z.ggiraidii:a idimer.+:3'.d>b;VZIi53 iiri.sViai»i}».ofai..aric`'i.'>Y..b:3'.<:iiiiNi,.i FiW.',a.�I'•,a"»i3450;6;r;i1 F...i:>.1;>!,; riiii<�%1 .�.:e..:fu. n.:. irm.s:»i:a�..3:»w.a1�T>:»v:'in. ORO VALLEY COUNCIL v Vote For: 1 Mail z Precincts Reporting 5/5 100.00% Ballots Cast/Reg. Voters 7105/17079 41.60% Total Votes 6138 86.39% Times Blank Voted 954 13.43% Times Over Voted 13 0.18% w Number Of Under Votes 0 0.00% 11 ABBOTT,PAULA 2801 39.42% 1 DONE,LYRA 1845 25.97% SLEIGH,EMILY SMITH 1459 20.53% Write-in Votes 33 0.46% t !ii Iicert.,:c^;:Yiik.....aM'�,;�.z�ti"14Max ra�'V';{.i.,xz...wd...",a° ri1:k,...r. :a .«�u...s..'.aa;`,•.:3.,,•.......i<...>fi ORO VALLEY PROP 400 Vote For: 1 Mail 4 Precincts Reporting 5/5 100.00% Ballots Cast/Reg.Voters 7105/17079 41.60% 'r Total Votes 6917 97.35% Times Blank Voted 181 2.55% r; Times Over Voted 7 0.10% 3 Number Of Under Votes 0 0.00% } YES 5369 75.57% NO 1548 21.79% ii c i^'�9}ijfgi� of �i�r oi.as>`ii %z< ; a�„, «zixi ura'':k<is a Yrri ii'z'z' i z'aczr z�.&'.�Yir3«z:z tx Yo.4• ",,.,•i.,:: .`iiia,,1.i.,,�:.., ..-3Y;.:...�,..i ORO VALLEY PROP 401 n Mail Vote For: 1 -, Precincts Reporting 5/5 100.00% 14 Ballots Cast/Reg. Voters 7105/17079 41.60% Total Votes 6976 98.18% Times Blank Voted 118 1.66% Times Over Voted11 0.15% Number Of Under Votes 0 0.00% YES 4546 63.98% NO2430 34.20% 3y ...................., ...�:ti.':•'::.•.......1::`:i:::i•v...;,,aT.:k?• :.k•:t.>.,...p.vv,.(;i,..,4.ia ":,,,,d:g..y�.qh:%:,;:a.f:^......,gfz,,,t,..n..:},,,,,h,,J)i>i>i::,:th:iCi'.i."t'.N ::r:'�:i.xt>rn.<.,isi✓.3...,a...fJ.> ::"iidrr.:*:�:uf.awn>:.«:z�>r:x;aa's�..o.»».u:.snr.:e.sreu'?5....�...�.s:.t.......r::t::.,:....h......:n....... There were no official write-in candidates. l/OTING, ARA TOTALS Election SummaryReport Date:03/14/02 Time:09:46:14 Oro Valley Primary, March 12, 2002 Page:1 of 1 Summary For 09-01, All Races ORO VALLEY MAYOR Mail mVote For: 1 4 Precincts Reporting 1/1 100.00% Ballots Cast/Reg. Voters 2278/3930 57.96% 2214 97.19% Total Votes :. Times Blank Voted 61 2.68% Times Over Voted 3 0.13% Number Of Under Votes 0 0.00% BRYANT,WAYNE 693 30.42% 3 KINARED, KEN 338 14.84%ii LOOMIS,PAUL 1183 51.93% ii Write-in Votes 0 0.00% r g <.:i,l;;- <...it r.J" r>x.,:i..::..Y '`.i•; )_z> ...mv>»it4ii i:i =ir egaitilani>i a;i>>:t.4>i`>..igrii:ib`.i>aa ria a�3i 0 %�'.'}. ).Mid'r.�i.i».�3? >?ii�:).�o�ie.l6).:.>�.)ixi'.e'�':»�iw.w.a:osaemac..rcYr>rww:e.�3'ss3:>�{)..r r ORO VALLEY COUNCIL, r. Vote For: 1 Mail Precincts Reporting 1/1 100.00% Cast/Reg.Voters 2278/3930 57.96% t1 Ballots g Total Votes 1948 85.51% Iti Times Blank Voted 323 14.18% Times Over Voted 7 0.31% 31 Number Of Under Votes 0 0.00% ABBOTT,PAULA 771 33.85% i DONE,LYRA 633 27.79% ii te SLEIGH,EMILY SMITH 539 23.66% Write-in Votes 5 0.22% ,....�;.a.n,. • ,*,,,a 'is -kar ctali.ii;4,,.�:�:au�S:�:�:ia;zbAef.•s.<.z�c ,444a0.ra,�•�a3 ORO VALLEY PROP 400 `t For: J1 Vote 1 Mail I Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 2278/3930 57.96% li Total Votes 2217 97.32% Times Blank Voted 59 2.59% Times Over Voted 2 0.09% f Number Of Under Votes 0 0.00% i S YES 1755 77.04% '4 462 20.28% NO t,, s )•u.a>.�i:•a:, ,ty ;:..,.4 3r>i,i :,r,z),,,,,i:::: s u z:s�,?,z�c,,,,,, .r ✓�' .. �k))v'c,,,�� :r,,�,�.:�:z`iMw-,...rim.,a,.K''£�,..z�,�.a:.xa>:cyci� .fr^�'^ >z�,. :> ',..n�>..,, ORO VALLEY PROP 401tl Vote For: 1 Mailo Precincts Reporting 1/1 100.00% ti Ballots Cast/Reg.Voters 2278/3930 57.96% iFi, Total Votes 2229 97.85% 3 Times Blank Voted 47 2.06% Times Over Voted 2 0.09% t Number Of Under Votes 0 0.00% r1 YES 1393 61.15% '» NO 836 36.70% Y:.:3•.m::'�»n4�_,,dr.>..:.....r.Ig.r..rrsOrze:.iit...fi....eas4?•:ax::....Y:.rr..:3..,..xik,..)r., of... :3:.>....5: '>x::.,....nio3»>a:xer)r.'if._.....c>a..:?:»:ar.:r:)xr.>ii:o1` SReport Date:03/14/02 Election Time:09:46:15 Oro Valley Primary, March 12, 2002 Page:1 of 1 Summary For 09-02, All Races ORO VALLEY MAYOR Y' Vote For: 1 Mail Precincts Reporting 1/1 100.00% ii Ballots Cast/Reg.Voters 1359/3430 39.62% 41 Total Votes 1315 96.76% .!-:. _ Times Blank Voted 42 3.09% iii Times Over Voted 2 0.15% Number Of Under Votes 0 0.00% iil BRYANT,WAYNE 320 23.55% KINARED,KEN 206 15.16% 'i LOOMIS,PAUL 787 57.91% Write-in Votes 2 0.15% t aii, ,j '.z lg*..: . ,M i..rW=.. r Lam.... ir.y,,, i�=i...i ,, £ r = £ _.. %".` »./.t�im.e3»:i.. rs.oa.>r-:....�3i?�s:x:n...:o..w 3v::>Sr.>.'Ssit3...km.:�>33s;iia....wrx.a.:s:u....d',?.sx�:,.r.v.tY.1>ffl..YrY.�f)RVhAY�,M7„Y]7I...>'i.Tf..A>�/.W>Hf>3.tY.4:v.3df..�� r.r.�.+ro3�rr.':'33:d ORO VALLEY COUNCIL F Vote For: 1 Mail 4 .gig Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 1359/3430 39.62% Total Votes 1189 87.49% Times Blank Voted 169 12.44% >l Times Over Voted 1 0.07% i?£ ii nder Votes 0 0.00% Number Of U i ABBOTT,PAULA 610 44.89% it DONE,LYRA 295 21.71% til SLEIGH,EMILY SMITH 280 20.60% ' Write-in Votes 4 0.29% • ',,,WA� r1ict.;&4,altstir,a.�.:xa'r,a<aa-.3..:.-:6. in ,Ait.az..,,::.za7of:' ORO VALLEY PROP 400 41 G Vote For: 1 Mail iii f: Precincts Reporting 1/1 100.00% 4 11 Ballots Cast/Reg.Voters 1359/3430 39.62% 1-1 Total Votes 1326 97.57% j Times Blank Voted 32 2.35% Times Over Voted 1 0.07% 1 Number Of Under Votes 0 0.00% ::4 YES 1009 74.25% NO 317 23.33% ':c. i ':C'» '"�.t••:�: < � � ..�).....:�,.�:..M n. 'w .:C�.:w�.c,..c'W'.'vFFt� iw�.'�•M��in�S�L'x�azu.�a.a�.�>�iT�i"� ire �f£•' � �i«:zstilizcs�::S,c::s,::�.�faa�ai�;r�st�K•'21)M�4i�i..�:�✓t3..�iii�. ORO VALLEY PROP 401 Vote For: 1 Mail r 1 Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters1359/3430 39.62% Total Votes 1343 98.82% Times Blank Voted 14 1.03% Times Over Voted 2 0.15% rr Number Of Under Votes 0 0.00% 11{ YES 895 65.86% PI NO 448 32.97% Y i s >ug.i^;: s 2... w __ "at > n.:rsy.......;:.. '33 '.f'„i,:i3�r3't.o�.k:"::d%3:n.:"?Y.k:'rs:`r';x>....i,..Y.c:.:.s.>1.....�:.3..r.:3°�.,°..::�...iis......3.�..<tas::sr.3r..,..::»,nxi:t>f.r.:>.,:ra3x...:r.;i......H J>.:,:.�S.S:�:ries:s+.w..ra..rr_•�9s S�:o.s.s.•:S•...Sta Election SummaryReport Date:03/14/02 Time:09:46:16 Oro Valley Primary, March 12, 2002 Page:1 of 1 Summary For 09-03, All Races ORO VALLEY MAYOR Vote For: 1 Mail 4 Precincts Reporting 1/1 100.00% ,,, Ballots Cast/Reg.Voters 2021/5831 34.66% Total Votesgi 1940 95.99% '' Times Blank Voted 78 3.86% ti .'> Times Over Voted 3 0.15% �' Number Of Under Votes 0 0.00% BRYANT,WAYNE 439 21.72% ri KINARED, KEN 293 14.50% LOOMIS,PAUL 1201 59.43% .Y. Write-in Votes 7 0.35% N 4.Vg4»!,�a.»:>:fi)»„+:x4WarZaw+x!r,W.4,W4,M.mu.3Tavian?�:ei.r..>»fAgi;:r.;.^c.:feiirzr ;r.'L»r..4+?:srfii::r..»YA»:UW»hvarr.ag:.a:t1r.:.A::.k:3:i'iw'i?iv.:.:.iiie:i3?r..e:.k.ti3:i? �t ORO VALLEY COUNCIL , Vote For: 1 Mail Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 2021/5831 34.66% `h1 Total Votes 1739 86.05% Times Blank Voted 280 13.85% Times Over Voted2 0.10% . Number Of Under Votes 0 0.00% 3 ABBOTT, PAULA 798 39.49% il DONE,LYRA 573 28.35% Eil SLEIGH,EMILY SMITH 358 17.71% 1 Write-in Votes 10 0.49% -. ,..� i �.. <;w... -•;� 3 l,;.;^y wwC? .,,.v, r.......4'..d`".,•o,Yl'<ti,,i?':.5;; L , > . r�iidii.;£�c� <a:s::�� i�-1...z:. �mz'�z�.� .�tr�: �Ga��r�'<.�.a�'�.�»�t". ORO VALLEY PROP 400 Pi Vote For: 1 Mail Precincts Reporting 1/1 100.00% Ballots Cast/Reg. Voters 2021/5831 34.66% Total Votes 1972 97.58% PI Times Blank Voted 47 2.33% Times Over Voted 2 0.10% Number Of Under Votes 0 0.00% A YES 1590 78.67% A NO 382 18.90% w;w. t"<r��.?i,•:adwiesiSii:,.az,aoyA.oM•'.w'as�.<::...<:,.aa,w1,•,z.�wGs::,..::t.>r:�:xkt:�:iu:;.::a;; :,,,:.M;:xa,t:mib,:;zv;rr ORO VALLEY PROP 401 12 Vote For: 1 Mail i),$ Precincts Reporting 1/1 100.00% B allots Cast/Reg.Voters 2021/5831 34.66% .., Total Votes1982 98.07% til Times Blank Voted 35 1.73% t Times Over Voted 4 0.20% -_ ti V, Number Of Under Votes 0 0.00% l lij YES 1399 69.22% ili NO 583 28.85% 3�� 'J A g;..,Nii.., �, , .<....;...,,.,......:..:�::'C•2::Y ¢ o If .r i, Y.:Y:n»'d:..._.f..r.:f.a�nf>:Q:w :s.»i::v...>r.�m.:r..k.s.rf.�:.f:r.....a.).:m......b...'33:.:w.a..>.fva>«3 f ..al.a�i:x.a:o�..:.:.s.'.fwe.�.r.....trrm.......:�a......r...c>xr.;.: r>.Y...3< Election SummaryReport Date:03/14/02 Time:09:46:17 Oro Valley Primary, March 12, 2002 Page:1 of 1 Summary For 09-04, All Races ORO VALLEY MAYOR ?_ Vote For: 1 Mail Precincts Reporting 1/1 100.00% 11 Ballots Cast/Reg.Voters 888/2303 38.56% iij Total Votes 855 96.28% 11 Times Blank Voted 29 3.27% 1 Times Over Voted 4 0.45% Number Of Under Votes 0 0.00% BRYANT,WAYNE 274 30.86% Y KINARED,KEN 120 13.51% LOOMIS,PAUL 458 51.58% 1 Write-in Votes 3 0.34% il -. > ,"']'Y f-. £`2 ih...� `..'+3,:^ ,,;0 2.:>Y, 2:..::'. i;, <2 w k ...yf.:`y ge: �n'`:'3•iX>33��Ar`.»"'.�x'r'di)d:3r..3;.:>�3J`3>A3A.R�>10:.'`�Y+fL.+.� 'C�1>\.».N.J}7DYrAS..B:).v:)>S.Y.Sf4)X)A)G%...>»a�x»w>a f:d::v.:•r.»]»::f:t!:2'r nr... ).�•r:>.n3.s:.f.»...A7sC:%..7W./A>i%'YAgr>)i`J4 ORO VALLEY COUNCIL 11 Vote For: 1 Mail !,,, Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 888/2303 38.56% K Total Votes 784 88.29% Times Blank Voted 101 11.37% ii Times Over Voted 3 0.34% Number Of Under Votes 0 0.00% iii ABBOTT,PAULA 381 42.91% DONE,LYRA 218 24.55% 06: SLEIGH,EMILY SMITH 175 19.71% Ili Write-in Votes 10 1.13% iii ..,,skx:42"".^...:x"` ;£;i'rrr-,t)x ,y.i• :-;<eatbi-`•ter,. MLs'tsc,t.,1,140,ftlk,..9,..zil.});i..z,t:;i,?n:'$.=u'x.:Lx.;»~z.;�,...�:..v.,,,... ORO VALLEY PROP 400 itl 1 Vote For: 1 Mail Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 888/2303 38.56% Total Votes 863 97.18% Times Blank Voted 23 2.59% v 4 Times Over Voted 2 0.23% 4 Number Of Under Votes 0 0.00% YES 648 72.97% NO 215 24.21% x )�iaszizZ4.r] z rcr�:.. G s:-2 ;,r ,L .......:. ;db,.,'>��JcnxaYa`i' �.;�:�C .�.: afi.� »...'��'� b':a��.��.��..�,,,.:y.2.;:E�Y>L.:,.`kGrfi�v ";'Y]'."'�"i...x.A2:::ita2:Y'.;i4:t'.47)12..,0. ORO VALLEY PROP 401 Vote For: 1 Mail Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 888/2303 38.56% Total Votes 872 98.20% '{ Times Blank Voted 14 1.58% 11 Times Over Voted 2 0.23% rf wf Number Of Under Votes 0 0.00% YES 551 62.05% NO 321 36.15% Q::.-,,.,»:r.3/.»».f.o. .>..:3r..m.:::s-:orc:•r.:..:o....g::r.>.i...........z)0.:�i.':)>.S.>f).,>..............a::.....:.f:.w..:i:...r,....,,..i:...r,.)........r. >s]:..........:a?h....,.....f.... Election SummaryReport Date:03/14/02 Time:09:46:18 Oro Valley Primary, March 12, 2002 Page:1 of 1 Summary For 09-05, All Races ORO VALLEY MAYOR s 3 Vote For: 1 Mail 0 Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 559/1585 35.27% Total Votes 532 95.17% Times Blank Voted 27 4.83% ii Times Over Voted 0 0.00% fi Number Of Under Votes 0 0.00% II BRYANT,WAYNE 199 35.60% ltil KINARED, KEN8 3 14.85% LOOMIS,PAUL 244 43.65% li Write-in Votes 6 1.07% »•ar.est.t.}'i..Tsiw»iaekggr-av,».z..,t-,,,g.a..$>.'.r>.z3s>tioi3">s•3:mi.iskv:r:.:3`oG:ex..?:....i..r.>S!i.:.m:eor»*,Fkg!z:i:r..'»?.stnr,.zg,g,Lz.K:x?'.�.>Digo'.�`�z°:kA.;r.>hJ ORO VALLEY COUNCIL v Vote For: 1 Mail k Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 559/1585 35.27% Y: Total Votes 478 85.51% Times Blank Voted 81 14.49% Times Over Voted 0 0.00% Number Of Under Votes 0 0.00% i . ABBOTT,PAULA 241 43.11% ti�DONE,LYRA 126 22.54% SLEIGH,EMILY SMITH 107 19.14% Write-in Votes 4 0.72% 0 lit .. ,;,a40et«. iuxwarxz z :a-a.x:.i' r:acr•`.z.i ala fiat,r wlax"t.'r MiaWi:414ak ✓fir N. 5i'�:aiY�.�i;,�i?.'.`a5:��sm`.�Ft '�.zs. ORO VALLEY PROP 400 Vote For: 1 Mail11 Precincts Reporting 1/1 100.00% Ballots Cast/Reg.Voters 559/1585 35.27% Total Votes 539 96.42% Times Blank Voted 20 3.58% Times Over Voted 0 0.00% fi Number Of Under Votes 0 0.00% it YES 367 65.65% '' I NO 172 30.77% 1 N s c z�r c•ar?i> *n,,a`?g 76: M :��,,ea,44 z :=',w s.t.Y ,;,4'103±'1,e �.. w,%f�i.�iC�'.�c. :"' r�a�t �tw'siii:.a....zz:w..:a�x:::.aaµan;.zu:w .. r�:..?«.z�b•Mk.,...�i"��'i::.�.,.`sRK i>c;Y... ORO VALLEY PROP 401 Vote For: 1 Mail .l Precincts Reporting 1/1 100.00% Ballots Cast/Reg. Voters 559/1585 35.27% Total Votes 550 98.39% �; Times Blank Voted 8 1.43% .Ei Times Over Voted 1 0.18% ,s Number Of Under Votes 0 0.00% YES308 55.10% NO 242 43.29% 'rte.".,»,sus,"..�0>r.,.'.?..Y.hnka?r....t,.:a.x..`.:,A....wt3..at?:.r.?:.3fo.3gEv.33:;r....x!>.,:...r..s,.:.:,.d».l.A:ii?:Y.....::»:.3»..»�n.....:da...it:e>r....>r.n!.3.,,..!..s. 40P STATEMENT OF VOTES CAST Statement of Votes Cast Date:03/14/02 Time:09:44:47 Oro Valley Primary, March 12, 2002 Page:4 of 5 ORO VALLEY PROP 400 22•o a) 0 0 b > r. 0 4? > y p > O o U O > W b� E I W O Town of Oro Valley 09-01 3930 2278 2217 2 0 59 1755 462 09-02 3430 1359 1326 1 0 32 1009 317 09-03 5831 2021 1972 2 0 47 1590 382 09-04 2303 888 863 2 0 23 648 215 09-05 1585 559 539 0 0 20 367 172 17079 7105 6917 7 0 181 5369 1548 Statement of Votes Cast Date:03/14/02 Time:09:44:47 Oro Valley Primary, March 12, 2002 Page:5 of 5 ORO VALLEY PROP 401 -0 a L o 0 y p :� > > G� O') 1 o V > O > .� y t y ai .E o E E O Town of Oro Valley 09-01 3930 2278 2229 2 0 47 1393 836 09-02 3430 1359 1343 2 0 14 895 448 09-03 5831 2021 1982 4 0 35 1399 583 09-04 2303 888 872 2 0 14 551 321 09-05 1585 559 550 1 0 8 308 242 17079 7105 6976 11 0 118 4546 2430 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Chuck Sweet,Town Manager SUBJECT: ANNEXATION PUBLIC HEARING REGARDING REQUEST TO ANNEX APPROXIMATELY 654.7 ACRES OF UNINCORPORATED TERRITORY LOCATED DIRECTLY SOUTH OF THE TOWN BOUNDARIES; BORDERED GENERALLY BY THE EXISTING TOWN LIMITS ON THE NORTH, NORTHERN AVENUE ON THE WEST, NORTH FIRST AVENUE ALIGNMENT ON THE EAST, AND SUFFOLK HILLS DRIVE ON THE SOUTH SUMMARY: On December 19,2001,the Mayor&Council voted to initiate the annexation process for approximately 654.7 acres of unincorporated territory located directly south of the Town boundaries;bordered generally by the existing town limits on h Northern Avenue on the west,North First Avenue alignment on the east, and Suffolk Hills Drive on the south, the north, . outlined in Oro ValleyResolution No. (R)95-22,Oro Valley Policy for Annexation of Unincorporated Land and per as the requirements of Arizona State Law. The Oro Valley Planning&Zoning Commission voted to recommend proceeding with this annexation request at their February 5, 2002 meeting. In accordance with ARS 9-471(A)(1),the blank petition,map and legal description was filed with the Pima County recorder on March 4, 2002. Once the blank petition,map and legal description is filed, a 30 day waiting period begins, which time apublic hearingmust be held. In addition,we have completed the process of following the state law during requirementsregarding re ardin notification at least 6 days prior to the public hearing and at least 15 days before the end of the 30 day waiting period: 1. Publish notice of public hearing in The Daily Territorial newspaper. 2. Post the notice ofp ublic hearing in at least three conspicuous places on the property proposed to be annexed. 3. Mail the notice of public hearing by first class mail to the property owners in the territory considered for annexation. 4. Mail the notice of public hearing to the Chairman of the Pima County Board of Supervisors. FISCAL IMPACT: Area B:$645,189 net fiscal impact. ATTACHMENTS: 1. ARS 9-471,Annexation of territory; procedures; notice; petitions; access to information;restrictions. 2. Map of proposed Annexation Area. 3. January8, 2002 Memorandum from David Andrews, Finance Director regarding the Fiscal Impact Analysis for Areas A and B. SUGGESTED MOTION: No action is required at this time. / OF Town Mana_-r }},v r . t § 9--467. CITIES AND TOWNS CITIES AND TOWNS ,61, sec. 1 that were blended together as shown - • B• All information contained in the•filing above pursuant to authority of§ 41-1304.03.. and other matters regarding a proposed or appropriate official for public inspection dnri ARTICLE 7. EXTENSION OF CORPORATE LIMITS; PLATTING ADJACENT SUBDIVISIONS C. Any city or town, the attorney gene' mupon verified petition move to qui rocedures• notice; petitions; access to comply party withay the provisions of this section Z § 9-471. nexatio territory; P is alleged the annexation procedure was not • ation; restrictions and shall be filed within thirty days after adc followingprocedures are required to extend and increase the corporate limits of a the governing body of the city or town and n A. The q the petitioner to.prove the material alle ti city or town by annexation: • brought to Lauesstotosnitevivdaeliddiintythisof an g ex file in the office of the county recorder of the county in which the : and for the ann1. A city or town-shall tY subsectic annexation is proposed a blank petition required by paragraph 4 of this subsection setting appeals therefrom shall be preferred and heap forth a description and an accurate map of all the exterior boundaries of the territory matters,except election actions. In the even P • of an annexation ordinance is file contiguous to the city or town proposed to be annexed. Notice and a copy of the filing shall d,all such be given to the clerk of the board of supervisors and to the county assessor. The accurate or more cities or to:fill:toil the court that . map shall include all county rights-of-way and roadways with no taxable value that are within annexing any or all proposed for or contiguous to the exterior boundaries of the area of the proposed annexation. If state land written agreements or understandings betwet is.included in the territory,written approval of the state land commissioner and the selection determination pursuant to this subsection. board established by§ 37-202 shall also be filed. D. The annexation shall become final after 2. Signatures on petitions filed for annexation shall not be obtained for a waiting period of of the ordinance annexing the territory after flithe blank petition. annexation ordinance has be by t: thirty days g been finally adoptee the blankpetitionpursuant toparagraph 1 of this subsection,the governing statute, charter provisions, or local ordinances 3. After filing of the court to determine the validity theist body of the city or-town shall hold a public hearing within the last ten days of the thirty day -waiting periodThepublic hearingshall be held in to discuss the annexation proposal. E. For•the purpose of determiningthe •' accordance with the provisions of title 38, chapter 3,article 3.1,1 except that, notwithstanding property under this section,such values of iso the provisions of§ 38-431.02,subsections C and D,the following notices of the public hearing pros 1. In the case of property assessed by the r to discuss the annexation proposal shall be given at least six days before the hearing. ; shown bythee tion which ispublished or e last assessment of the property. (a) Publication at least once in a newspaper of general circula 2. In the case of iso ;irculated in the city or town and the territory proposed to be annexed, at least fifteen days property valued by the dei the end of the waitingperiod. by the department in the manner provided before � � F. For (b) Postingin at least three conspicuous public places in the territory proposed to be + the purpose of determining the suf annexed. :3 property •under this section, the number of per follows: (c) Notice by first class mail sent to the chairman of the board of supervisors of the county.: . the territoryproposed to be annexed is located. 1• In the case of property assessed by the cc in which P P property shall be as shown on the last assessmei (d) Notice by first class mail with an accurate map of the territory proposed to be annexed. 2• the sent to each owner of the real and personal property as' shown on the list furnished pursuant, Ow-n ropecase of property valued by the de. to•subsection G of this section that would be subject to taxation by the city or town in the g pr'ty shall be as shown on the last va event of annexation in the territory proposed to be annexed. For purposes of this subdivi-. 3. If an undivided' parcel of propertyis owri, real and personal property includes mobile, modular and manufactured homes and deemed as one owner for the sion, ,. purposes of this sec owner also owns the underlying real property. .• trailers only if the Ymg . .. : 4• If a person owns multipleparcelspro P of • 4: Within one year after the last day of the thirty day waiting period a petition in writin.: owner for the purposes of this section. . signed by the owners of one-half or more in value of the real and personal property and more G The than one-half of thepersons owning real. and personal property that would be subject - county assessor and the department �y or town . taxation by the city or town in the event of annexation,as shown by the last assessment of t ,: sh Proposing an annexation within third property, may be circulated and filed in the office of the county recorder. For purposes �;f Sum g offing the owner,the address of each this paragraph,real and personal property includes mobile,modular and manufactured horn,. - property. and trailers only if the owner also owns the underlying real property. 8- Territo • moa ry is not contiguous for the purp alterations increasingor reducing the territory sought to be annexed shall be m- unless: 5. No ' after a has been signed by a property owner. .Y • ., It adjoins the exterior petitionboundary of the anne 6. The etitioner shall determine and submit a sworn affidavit verifying that no part,. ° s . P for which the filingis made is already subject to an earlier filing for annexati ` - '�It is, at all the territory M points, at least two•hundred i The county recorder shall not accept a filing for annexation without the sworn affida,. ' ' ys• 34.. ... ...... - nil • or . A • ! • . .._ 35 :f ".* s r Yt;: ir ft, • CITIES AND TOWNS CITIES AND TOWNS • §.9-471 • B. All information contained in the filings,the notices,the petition,tax and property rolls and other matters regarding a proposed or final annexation shall be made available by the appropriate official for public inspection during regular office hours. ITS, C. Anycityor town, the attorney general, the county attorney, or any other interested CORPORATE LIMITS, , C SpIVISIONS party may upon verified petition move to-question the validity of the annexation for failure to comply with the provisions of this section. The petition shall set forth the manner in which it !duress notice; p access to petitions; is alleged the annexation procedure was not in compliance with the provisions of this section and shall be filed within thirty days after adoption of the ordinance annexing the territory by !xtendand lncr • the governing body of the city or town and not otherwise.petitioner . The burden of proof shall be upon ease the corporate of a the to prove. the material allegations of his verified petition. No action shall be . brought to question the validity of an annexation ordinance unless brought,within the time the dor the reasons provided in this subsection. All hearings provided by this section and all ..recorder of the county in which � � sall be preferred and heard and determined in preference to all other civil countyappeals therefrom ara a h 4 of this subsection setting except election actions. In the event more than one petition questioning the validity d by P gi'.PP exterior boundaries of the. territory matters,ex annexation ordinance is filed,all such petitions shall be consolidated for hearing. If two 11 the o f the filing shall of an 1nexed. Notice and a ses The accurate or more cities or towns show the court that they have demonstrated an active interest in assessor. s and to the county that are within annexing any or all of the area proposed for annexation, the court shall consider any oral or ,always with no taxable value state land written agreements or understandings between or among the cities and towns in making its rea of the Pro osed annexation. If and the selection determination pursuant to this subsection. reiPcommissioner D. The annexation shall become final after the expiration of thirty days from the adoption period of ? of the ordinance annexing the territory by the city or town governing body, provided the n shall not be obtained for a waiting { annexation ordinance has been finally adopted in accordance with procedures established by statute, charter provisions, or local ordinances,whichever is applicable,subject to the review the governing i the court to determine the validity thereof if petitions in objection have been filed. paragraph 1 of' this subsection, of P the last ten days of the thirty day ring wig be held in E. For the purpose of determining the sufficiency of the percentage of the value of g public hearing. shall posal. Thep notwithstanding property under this section,such values of property shall be determined as follows: �ticle 3.1,1 except that, followingCt h notices of the public hearing U u 1. In the case of property assessed by the county assessor, values shall be the same as at least six days before the ng• shown by the last assessment'of the property. ' is• ublished or 2. In the case of property valued by the department of revenue,values shall be appraised general circulation, which • p da sassessment purposes. r by the department in the manner provided by law for municipal _ proposed to be annexed, at least Been days , 1 F. For the purpose of determining the sufficiency of the percentage of persons owning public places in tie territory proposed to be property under this section, the number of persons owning property shall be determined as follows: - .. of the county 1. In the case of property assessed by the county assessor,the number of persons owning• of the board of supervisorsP P is located. property shall be as shown on the last assessment of the property. • is located.... ate ma proposed to be`annexed 2. In the caseof property valued by the department of revenue, the number of persons P of the territory on the list furnished pursuant owning property shall be as shown on the last valuation of the property. • roperty as shown.. the city or town in the -d•- ub'ect to taxation by • subdivi- 3. If an undivided parcel of property is owned by multiple owners, such owners shall be subject purposes of this l to be annexed. For P P homes and deemed as one owner for the purposes of this section. nobile, modular and manufactured ;ging real property 4. If a person owns multiple parcels of property, such owner shall be deemed as one • perioda petition in writing' owner for the purposes of this section. da waiting oerty ie thirty yand more real and personal p P G. The county assessor and the' department of revenue, respectively, shall furnish to the slue of the 'subject to that would_be city or town proposing an annexation within thirty days after a request therefor a statement nd personal property >n writin showing the owner,the address of each owner and the appraisal and assessment of shown bythe last assessment of the g �nexation,as uses of ail'such roe he county recorder. For pip P P rt7* office oft homes bile modular and manufactured for the purposes of subsection A, paragraph 1 of this eludes mo - R. Territory is not contiguous real property. nderlyingsection unless: to be annexed shall be made . annexing cityor town for at least three hundred the territory sought1• It adjoins the exterior boundary of the ang y owner. ; feet. . i • that no part ibmit_a_sworn_.affidavit vexlfy�ng for aY exatY°�. 2• It is, at all points, at'least two hundred feet in width, excluding rights-of-'way an heady subject to an earlier filing sworn affidavit roadways. • igh:- annexation without the swo 35 14 e CITIES AND TOWNS CITIES AND § 9---47� TOWNS the existingboundary of the annexing city or town where it adjoins (APP. Div.2 1995) 185 3... The distance from point of the annexed territory from such boundary is no review denied, ' 102, 912 P.2d 13� L e annexed territory to the furthest more than twice the maximum width of the annexed territory. 23. Husband and wife s' L A cityor town shall not annex territory if as a result of such annexation unincorporated tures signers and sign; where no spouse who si territory is completely surrounded by the annexing city or town. i annexation purported to bensid P• eb °ns favorin J.-. Notwithstanding any provisions of this article to the contrary, any town incorporated other spouse who owned proper in ' behalf c Y Y joint tenancy prior to 1950 which hada population of less than two thousand persons by the 1970 census cit could not show that spouse had authorit ti Y and which is bordered on at least three sides by Indian lands may annex by ordinance territoryowned by the state within the same county for a new townsite which is not § X72. Annexed territory as part of contiguous to the existing boundaries of the town. • Of subsections H and I of this section shall not apply to territory which K. The provisionsCross I is-surrounded by the same city or town or which is bordered by the same city or town on at Judicial notice of adjudicative facts least three sides. • - changes,see A.R.S.Rules of Evid.,Rule 20t0nal L.. -A cityor town annexing an area shall adopt zoning classifications which permit . densities and uses no greater than those permitted by the county immediately before s § 9-474. Subdivision plats; ro' annexation. Subsequent changes in zoning of the annexed territory shall be made according SurveyP I echo. q to existing procedures established by the city or town for the. rezoning of land. • - miles of territoryincluded in a pending m M. The annexation of territory within six Cross Rt incorporation petition filed with the county recorder pursuant to § 9--101.01, subsection C Judicial notice of adjudicative facts,in Y'p priorterritorial shall not cause an urbanized area to exist pursuant to § 9401.01 which did not exist to 20cities and towns,see A.R.S.ARsRules of Evid.,Rule the annexation. .i alternative to the procedures established in this section,a county right-of-way or _� N. as an roadwaywith no taxable real property may be annexed. to an adjacent:city or town by mutual ARTICLE S. MIS consent of the governing bodies of the county and city or town if the propertS, annexed is § to the annexingcity or town for the entire length of the annexation and if the city or 99• Removal of ru bb�ish, trash adjacent t3wee town and county each approve the proposed annexation as a published agenda item at a ", tures; removal by city; co regular public meeting of their governing bodies. assessment definitions Amended by Laws 1996,Ch.27,§ 1; Laws 1997,Ch.204,§ 1. A. The governing body of a cityor 1 Section 38-431 et seq. occupant of property to remove rubi towns by. -.,z dilapidated structures which sh, trash,w const2tute a hazard Historical and Statutory Notes i,grounds, lots, contiguous sidewalks,streets and a.� The 1996 amendment by Ch.2 7 rewrote par.6 of and trailers only if the owner also�s dh e u der. 1' R sonable written notice to the o subsec.A. lying real property"in subsec.A,p O P given not less than th rt wrier and 4; substituted "excluding rights-of-way and road description of the r Y days before the day se The 1997 amendment by Ch. 204 inserted the ways"for exclusive of highways"in subsec.H,par. P o ert �' Y occupant.or.lessee doeP y and the cost of such second and third sentences of subsec. A, par. 1; 2; and substituted"as an alternative to the prose- the owner not comply. The notice s inserted "last ten days of the" preceding "thirty dures established in this section,a county right-of- he and to the occupant or lessee at -- i day waiting period" in subsec.A,par.3; inserted way or roadway" for "Notwithstanding any other onaddress to which the tax bill for thehis lc provisions stating "real and personal property in- provision of this section,a county right-of-way",in such Property the notice Shall be se property was eludes mobile, modular. and manufactured homes subsec.N. ay record the notice in the coon recorder's to him a- .,- - �o��d. If the notice is record �' o� Cross References e cityor town s dei and compliance hall record a release of notice of adjudicative facts, territorial :_ 2• Provisions for a the notice- !dl � aPAointed byPPe�to the;.governing body of changes,see A.R.S.Rules of Evid.,Rule 201. the gOVernri body?nova]or abatement ' g yon both the Notes of Decisions is ordered by a court. `' 0 3• That any person,firm or 26. --- Owners,signers and signatures ation. Northwest Fire Dist. V. City of The , Privatecorporation that plat Div.2 199�� 185 Ariz. 102, 912 P.2d 1 ,I or public propert3' not owned orE For purposes of requirement that municipality (Apprporation isun review denied. - guilty of a class 1 misdemeanor or a c1 show petition signed by' owners of one-half or more from ty which may be •imposed for a ' in value of real and personal property and more Where municipality received signatures -' Which may be assessed violation of ar�z than one-half of persons owning real and personal people out of 36 joint tenants involved with 17' ,*bish,trash,nth or debris.p t to this sectio property in area before it may annex territory, tenancy parcels and municipality counted 17 The or joint tenants only own proportional undivided in- ens as signing rather than only 8.5 owners;, , er ordinance may provide that if any proper P P d notnholder, lessee or occu an terest in joint tenancy:property so that signature signing as required to show ro er ro oalrti'o� e P person after notice of one such tenant represents only that tenant's share of total value of property,ormunicipality, icip annexation condition such rubbish,trash, proportionate share of.total value of property for short of necessary signatures �, on which constitutes a hoz weeds,filth, d. of meeting value requirements for annex- area. Northwest Fire Dist. v. City of .Tu, __ e,abate,enjoin or d to public h purposes36 cause their removal. 37 ... ,_ '---, • . .. . . • . . C „..,_..,-• — 1• . , --I i ..; . ..2 t :k.----\ i r k : it ..-A nt." -PC:..' ' a J— L—L.. i , ' • -T :---------1_. --1- I\ --. I ...j 111 TI, ... i I 7 i I I . ...- Z). , 1 ............, 1 k • L NE -1 1111111 . \:t: .tirkid1111. . . ___.:_. ii! . . •.., ;-.-7-L 7.7 . ••••---.-iaii::::..:.,_.......:._.......7;,. : 1 i ir----=---ff.7-r- --'r . '.----- -777*.441°13.1.76-*,'. .••••:•'• c=gt.M7 rlvharaiiityyWrg"%•.-.. , IrNrir CO RATA r.leyMo.,1 ..i,, .., 1,-..-_ .;,,,cA - =gals, ilimmit mg la — • f,' .. 1 . .,i , i , ,i'1 .•...VA rs. ...• ,I-77 il.lil:,.,AIN ini • IL i tc--(r-i--._.,__I _.-..1 I r- ....f.- I 1 1.....f_........, iLivz;C.•r:.:- -, I 1--..., 1 I — 1 • • . v ------,. ": ;.1._ i Thi---- )0 I : I f .1........,,r, •.1'... i -. -- ,---,.._.,___1 -. Imal L-..,-(:__L• 1 . .,,,trlifft 1.iw. tr ---....,..... .....1. 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X. 1 i; 1 0 0 0 411 1 .: . .14#11 it gif 1 it ii - • II a t 1 0. g 1 i 1 4; • 1 1 1 0 iP 0 .1 1 t .. • bi • • .. • ..., .• . • 900K •,:i PAGE. . . • • , . • r MEMORANDUM TO: Chuck Sweet, Town Manager • •vid Andrews, Finance Directordir. FRO{�iil. Da DATE: ifr January 8, 2002 SUB. : Fiscal ImpactAnalyses Anal ses for Proposed Annexation Areas A and B this impact analyses for proposed memorandum please find fiscalp Attached to been developed for each • and B. A separate analysis has annexation areas A willfind a mapof the areas, withfiscal impact. You also area along a combined pinformation and detailed backup a listingof assumptions for revenue estimates from deartment heads in regard to expenditures. annual amounts. They do not estimates represent Revenues and_ expenditures d revenues would actually intoconsideration n the timingof when state share take cons�derat�o is researchingthis • Town. The Finance Department begin to be received by the � Department of • aria Cities and Towns, Arizona issue with the League. of ArizTreasurer. timing and Pima County ue Arizona Department of Transportationen Reven communication when.it has be Information will be provided under a separate IP obtained. Area A The following summarizes thefiscal impact analysis: Annual Revenues $483,280 Annual Expenditures 684A28 Net Fiscal Impact ($201,148) Area B The following summarizes the fiscal impact analysis: Annual Revenues $1,464,794 Annual Expenditures 819,605 Net Fiscal Impact $645,189 Combine d Areas A and Annual.Revenues __ $1,984.,074 Annual Expenditures res 1,504,033 $444,041 Net Fiscal Impact Comments • The Oro Valley Police Department expenditure estimates are based on an assumption of 2.5 police officers per thousand population standard (10 officers). A standard of 2.0 per thousand would result in 7.5 officers and rounding to 8.0 officers, an annual cost savings of approximately $152,531 including $57,008 for area A and $95,523 for area B. • The Oro Valley Police Department has indicated the need for a police substation at an annual estimated cost of between $100,000 -$240,000. These costs are not included in the overall net fiscal im•act anal ses as pLe§SILtgq. • Public Works has indicated the need to purchase a street sweeper at an estimated cost of$160,000 with a useful life of 10 years. These costs are allocated to area A, however, the sweeper would also serve area B. • Stormvvater services is assumed to have a neutral fiscal impact because it would be operated as an enterprise fund. • Other costs include an accounting for Town Council, Clerk, Manager, Human Resources, Finance, Economic Development, Legal, and miscellaneous items such as code enforcement, utilities, and insurance. Please give me a call when you have an opportunity to review this information. CC: Jeff Weir, Economic Development Administrator Melody Vaughan, Management & Budget Analyst Town of Oro Valley Fiscal Impact Analysis for Area A Annual Amounts REVENUES .. � Local Sales Tax 9,305 Cable Franchise 55,045 State Shared Vehicle License Tax 155 371 State Shared Income Tax 124,431 State Shared Sales Tax 123,218 Hi•hwa Users Fuels Tax 8,909 LTAF Business Licenses PEINFPNI 483 280 Total Revenues EXPENDITURES 343,577 Police De•artment 27,720 Magistrate Court 221,008 Public Works 2,850 Public .Trans.ortation gg,273 Other 15% 684,428To#al Ex enditures $ NET FISCAL.IMPACT $ (201,148 Demogra•hics 2.41 Persons Per Household* 2.441 1 Housing Units87,gp% 736 Uccu.anc Rate* 1,557 population "`Data based on figures from the 2000 U.S.Census for the Town of Oro Valley Town of Oro Valley • Analysis for Area B Fiscal Impact Y Annual Amounts REVENUES 777,900 les Tax $ Local Sa 13,073 Cable Franchise 77,354 State Shared Vehicle License Tax 228,175 State Shared Income Tax 174,859 State Shared Sales Tax 173,154 Highwa Users Fuels Tax 12,519 LTAF 7,760 Business Licenses 64 794 Total Revenues � 1,4 EXPENDITURES 534,623 Police De•artment 38,177 Ma.istrate Court 135,797 Public Works 4,103 Public Trans•ortation 106,905 Other 15% 819 605 Expenditures $ , Total NET FISCAL IMPACT $ 645,189 Demo•ra.hies 2.41 Persons Per Household* 1,034 Housin• Units 87.80% Occu ane Rate* 2,188 Population *Data based on figures from the 2000 U.S.Census for the Town of Oro Valley . ♦ ., Town of Oro Valley - Combined Fiscal Impact Analysis for Areas A & B Annual Amounts REVENUES 777,904 Local Sales Tax 22,378 Cable Franchise 132 399 State Shared Vehicle License Tax State Shared Income Tax 390,546299,290 State Shared. Sales Tax 295 373 Highway Users Fuels Tax , 'I,428 LTAF 27,760 Business Licenses 948 074 Total Revenues $ 1,948,074 ' ' EXPENDITURES PoliceDepartment 878,200 , Magistrate65,897 Court 356,805 Public Works 6 953 Other 15/0 Public Transportation ' a 196,178 9 504 033 Total Expenditures , NET FISCAL IMPACT $ 444,041( . Demographics 411 Persons Per Household* 1 2.41 Housing Units 1,770 Occupancy Rate* 87.80%3,745 'Population *Data based on figures from the 2000 U.S.Census for the Town of Oro Valley • , v C CO 4 0 •• 0 0 \ 0 a) C 0 4,-., .•t,- N .....- ....Ir.- 6.. en 4 1:2., 4. .,,.,,'.t ti'TS% (r) .,... c:r r• :L,r•i W lip . . tn. 0 t C Q- .,::,...L.,..F....-._!,,, CO • OU 1, 1 4:1) R3CI cn �Cfit[� C� Q C Grp Cr �- Q r-- .-' o C� ,1,... cv CN all . ; c „It" \ . .- . .-t v...• • -.4. / , .,.... - -"`'s' ��''�r• 1. 1 \ lit oor, ..,:ii -..,... r .. WA. mil i OM 111110-7--,-- -2-:' i iij:i:,-. 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SI Ijrititafir'�� • • 1a'� i,,;I \ * /V �® 11442 0.1.1.111.6 iiiime miciiik u•shirgagi iv 441 �� . ` ''tom ii,,, .� - �� . 16 fati ei ...., 40,win ,, %\ i q.,,•. 1111 ii;1111,0Z .,.,lin At®•ii ■ - - .ri�[t It--:1111 40,,, 46V110#-...- H • ,fir0 ,, ,vs,.... ., I 1 �■■�mit 401.111.1%.../i ,�• ,'fel,, �@%� �'Mt" - ........ ....... �y, *a e _,. li ,,wiLii___ I S - Annexation Area A Forecasted Revenues Cable Franchise 736 units * .80 usage factor* .878 occupancy rate * $30 average bill* .05 cable tax * 12 months $9,305.40 Vehicle Auto Lieu 1,050,000 /29,700 * 1,557 = $55,045.46 State Shared Income Tax 3,097,252 / 29,700 * 1,557 $162,371.09 State Shared Sales Tax 2,373,541 / 29,700 * 1,557 $124,431.09 Highway User Fuels Tax 2,350,406 / 29,700 * 1,557 $ 123,218.25 Local Transportation Assistance Funds 169,934 / 29,700 * 1,557 = $8,908.66 Annexation Area B Forecasted Revenues Cable Franchise 1.,034 units * ,80 usage factor* .878 occupancy rate bill*$30 average .05 cable tax* 12 months $13,073,07 Vehicle Auto Lieu 1,o5a,00 0 l 29,700 * 2,188 $77,353.54 State Shared Income Tax 3,097,252 / 29,700 * 2,188 $228,174.66 State Shared Sales Tax 2,373,541 / 29,700 * 2,188 = $174,858.8.... Highway User Fuels Tax 9 Y 2,350,406 / 29,700 2,188 $ 173,154.49 Local Transportation Assistance Funds IL 169,934 I 29,700 * 2,188 $12,519.04 Annexation Areas A and B Forecasted Revenues Cable Franchise average bill* .05 cable * 87 8 occupancy rate $30 9 1,770 units .80 usage factor tax * 12 months = $22,378.46 Vehicle Auto Lieu 1,0 , 50 000129,700 * 3,745 $132,398.99 State Shared Income Tax 997 252/29,700 * 3,745 3, = $390,545•75 State Shared Sales Tax / 29,700 * 3,745 2,373,541 -- $299,289.94 Highway User Fuels Tax 2,350,406 / 29,700 3,745 ' = $ 295,372.75 Local Transportation Assistance Funds 169,934 /29,700 * 3,745 $21,427.71 a ORO VALLEY • POLICE DEPARTMENT INTEROFFICE MEMORANDUM TO: David Andrews,Finance Director FROM.• t11 � Chief Daniel G. Sharp DATE: January 2, 2002 SUBJE CT; Annexation Information impact of annexing Areas"A" the documents related to the fiscal imps • Attached.are to work with your office to r L Stevens has been assigned and B. Commander ��-y tion. Additionally,we has • additional information or supporting documents provide any h-it nal sis Commander Stevens p . _ in t ' • . pont s• � . r � statistical � has provided that information to Judge rnb. r Commander Stevens will be be out of the office next wee however,I will available to assist in any way necessary. Commander Charlie Lentner will be Acting Chief and will be available, as well. • MEMORANDUM To: Chief Sharp From: Commander Stevens ts- Re: Fiscal Impact Recommendations Annexation Areas MB Date: January 3,2002 In completing the fiscal impact studies for the two areas I used anecdotal information to make my recommendations. Taken individually I believe this is a valid way to project impact, however, cumulative annexations in the area create additional concerns and considerations. We need to keep in mind that these areas include higher concentrations of commercial and multi family housing units as compared to the current general make up of Oro Valley. This is the main reason I feel it imperative that we follow the 2.5 officers per thousand population standard. The only law enforcement calls for service statistics for the area are for the Sheriff's Department. To make any correlation between their calls for service and ours is nearly impossible as they have a far different standard for response than we do. I do know they had nearly 1100 calls for service in the area for the year 2000 which would represent 10% of our entire total for that year. Considering that our level of service could result in doubling the number of responses by our Department,you can see my concern about the possible impact. In reviewing the population figures related to the two areas, I am also concerned that we are using National Census figures in determining occupancy and population. I think it is important to note that in informal occupancy surveys completed in the past we have found occupancy rates in northwest Tucson and Oro Valley higher than national standards. Again, based on this it is even more imperative that we do not fall below the 2.5 officers per thousand population standard. One area that has been addressed to some degree over the past several years is our ability to deal with some of the traffic related issues we would face with the addition of such a major intersection and highly traveled area. We have completed comprehensive training related to traffic accident investigation and obtained equipment and technology that have enhanced our abilities in this area. We currently have a Grant pending for the addition of one motor unit and I would anticipate the need of an additional motor unit during the FY02/03 budgeting process. This will be to address the annexed areas and the additional traffic throughout the Town. The annexation may drive this a little quicker as we proactively address Orade and Magee with the high volume of traffic, extensive commercial access,and high school/neighborhood transition areas. As the population and activity center of Oro Valley morsj.g the South, we must consider a full service police substation in the area. Space needs must be addressed in the near future due to increased personnel. I have gathered some fiscal impact figures related to establishing a police substation in the area of Oracle and Magee. Through input gained over the past couple weeks it was determined that we should consider a 10,000 square foot facility to provide adequate space. It is my understanding that to budget a lease arrangement we should expect to pay approximately$24 per square foot for facility and maintenance.This would compute to approximately a $20,000 per month lease or $240,000 yearly fiscal • • I have.:..been given the 0square footfacility in this area • the construction of a 10,Q0 construction by a company Impact, In evaluatingand $80 square foot bulld�ng co s uare foot for land perfacilitywould require 50,000 figures of$7 per .Q area. A 10,000 square foot 9 �n office facilites in the provide the basic facility. There.. currently completing mute to approximately$1.35m to conventional feet of land which would compute and land that I would only offer that square municipal financing of facilities are so many options in p r month. i a facility would be about$8,000per financing for such Community Development building was advised me that the Com wa Town Finance Department also � hin the facility. If this is the case, Theper square foot. This included furnishing about$135 q The Finance Department told me we completed forfacilityand the cost of the land. the area told e kin at $1.35m for the the company building..offices in me would be looking per square foot for land, though p should budget about$x.30 square foot for land. to budget$7.00 per s4 MEMORANDUM Chief Sharp From: Commander Stevens "A" Canada Magee Annexation Fiscal Impact Re: AreaLa / 9 Date: January 3, 2002 we continue to follow the standard of 2.5 officers per the fiscal impact to service this area I recommendthe 25 officers.:,.per In evaluating t a artment residences which indicates to me that we be firm a thousand. This area includes 578P u in areas create service. needs in the area of traffic, recommendation. Experience tells us that apartment housing thousand recd above those of residential neighborhoods. At an estimated 1,557 public assists and criminal enforcement at:a level population ulation this computes to 4 officers. . Included in this break down are additionsl vehicles at a a breakdown of costs related to the additional officers nce which Below •�s officer. This vehicles to officers ratio has been used, based on our own experience,rate of .82 vehicles per off cthis does compute to a little over three vehicles I am the level service expected in the comrnunity. Though P provides recommending budgeting for 3. = $ 218,320 officers at $54,580 per officer (includes salary&ERE) 9,712 4 officer $ Officer ear: gun,vest gun belt etc. $2,428 per = $ 102,453 gll equippedat$34,151 per vehicle 3 torvehicles fully vehicle = $ 13,092 tenance: gas, tires, lof&insurance$4,364 per .le main 'Total = $ 343,577 s MEMORANDUM Ir. Chief Sharp FROM: Commander Stevens -; RE: Area B " "Oracle/ Magee I Suffolk Hills Annexation Fiscal Impact DATE: January 3, 2002 we continue to follow the standard of 2.5 officers evaluatingthe' fiscal impact to service this area I recommend 6. This area In population of 2,188 computes to 5.5 officers which leads me to recommend per thousand. An estimated myofficer recommendation..Experience tells us that includescommercial businesses which caused me to round up level above 97 coin the area of traffic, public assists and criminal enforcement at a commercial I businesses create service needs will be included in this annexation neighborhoods. Additionally, the intersection of Oracle and Magee those of residential and DPS has shown us any incident at this location will have and our experience assisting.the Sheriff's Departmentdirections of heavytravel. This Pe personnel as it will be our;only major intersection with 4 immediate impact on our pe annexation area also includes Immaculate Heart School which will require those services unique to school areas. additional officers. Included in this breakdown are additional Below is a breakdown of costs related to the hiclesper officer(rounded up from 4.92 to 5).This is the ratio we use based on historic data in vehicles at a rate of 82 ve Oro Valley. = $ 327,480 4 580per officer(includes salary&ERE) = 14,568 ricers at $5 . $ rgear: gun, vest gun belt etc. $2,428 per officer = $ 170,755 _e vehiclevehicles fully equipped at$34,151 per = $ 21,820 ance: gas, tires, lof& insurance$4,364 per vehicle Vehicle mainten TOTAL = $ 534,623 MEMORANDUM TO: David Andrews FROM: George Dunscomb, Town Magistrate DATE: January 4, 2002 SUBJECT: Fiscal Impact of Proposed Annexation of Areas A and B After consultations with administrative staff of the Oro Valley Police Dept.� and� exploring a myriad of possible methods of estimating the fiscal impact ofproposed annexations, I have determined that the most obvious metwillf be about 12%.mating the refore impact is probably the most logical method. The population increase it is probably reasonable to estimate that our workload will increase bs y other expenses. a comparable amount, requiring a commensurate increase in clerical Pp There were inadequate statistics from County law enforcement to correctly county � ascertain the number of cases genhnc ease nted in te areas roposed for the number of calls but, nothing to statistics indicate there will be a substantial show that the calls resulted in an arrest. Their statistics dhthat or thefttantial number (which would of calls were for larceny- which could be misdemeanorshoplifting affect the court) or felony thefts, which would at least initially go downtown. The increased population will necessarily cause an increase in the number of domestic violence cases in our court. Oro Valley Police Dept. Information shows that as the Town has grown,the number of traffic citations has decreased. Tranicresultcitations n a net loss of revenue after the ring in revenue. Shoplifting and domestic violence cases usually costs of court appointed attorneys etc are calculated. However there is no realistic way to calculate those amounts. Using FY2001/2002 numbers and adding an additional 3%to costs ofc° ver Social Security, COLA etc, the annexation would result in an increase in personnel $51,683 a year. Plus 12% of the o erations and maintenance costs of$14,259, there would b total increase of$65,897 per year. ncreases in revenue, if any, will be negligible. TOWN OF OROVALLEY i► DEPARTMENT OF PUBLIC WORKS INTEROFFICE MEMORANDUM TO: DAVID ANDREWS FROM: BILL JANSEN dr SUBJECT: ANNEXATION FISCAL ANALYSIS DATE: JANUARY 4, 2002 CC: CHUCK SWEET As requested, attached is the fiscal analysis for to thep areas "A" and anne ed`areas a'ss analysis is based on providing the same level of service presently provided within the existing corporate limits. The analysis is also based on driving the map areas by DPW staff and developing a detailed condition assessment of the streets. If you have any questions, please contact me. CjI Imo. �r t c-- r .4 , s,, v,, ,, igt4), 1,7*** ***- * ,,,.......... 0. 01... 00 -- O o oa N. .- oo co a NI oo OMoo o co cn a)O O C) tr) OD O Ii. n j N did to LO tr) p !) f �} Q O 0 V 4f} N_ff3 413 0 AO ! N V 4) te. co O0 05 Ooo � Q0 0 0 CD i} } 0N � O 1110 O r- rtQC gcl to(i;t3 r . e O Nit: Q 41, CO 1111 co W III o Ill o CDOCDOpoMO 0� t` � o r- 'a' o o �d r., OO � rho41, _W �t ao o �-- ,- �' r- 40, CO C © 40, 4 Y 40- VI.� 4a N. 1" CI.S .( 0 WZ ONC) 0CDI0 LA, p 0a 1` �� CI) V co to QMr0a) co0 p th ' Cr) .. co O 00 t` to to C7 'ct N O -� Q OD Fri 4.2; NaIRC') U) N. -� 1... � � � p 0 0 CO O co c 0010003w- 0otoo0) 0 pQ IU' � �4 O Ef?O N O W. N. 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W 0- ooCDC) 00 00 F ..I ›- 0 LL p OiD s--c' 8 p '�- M o W O g U011oQoo o `er '� oo © 0000 40� CA 0 2 00 +� I )IL- .. �' ca co to .... '„_ Mzi; r; Q o V o to . _ in p� o Q co Q W 110 I Ca MI- _Ne 05 �- Z tlui III III au. W _ U N > o �c cy H- • ;$ 0e 2 i, Q., w g O Z v) W 0 CD co co in a m CC �, w E F- 0- -- O toZ nil }- 2 .c.: 0 ._ -42 cv a o- U �.- m _____—____._ _ (..... e Q : O X CO U : � � '' U --� a1'i co � � Cnm ` � o � W Z o H- 11. W <t ._ o -.7., a. � o � z .1 .! w0 a) o 03 .~ ° aQ HOZ i- OW d � 2 0 re cc tr a cry co co • . MEMORANDUM TO: David Andrews, Finance Director cv FROM: Kathryn n Cuvel ier, Town Clerk IL' DATE: January 3, 2002 — Area A Fiscal Impact Analysis sUBJ; Proposed Annexation 736 residential units • located in this area. Additional revenues would be Possible Home Occupations received for Home Occupation Licenses. ($80 per license). However, the � . es are unknown at this time. e. 1,557 population bincurred based Additional Election costs will beon the amount of registered voters. However, the costs are unknown at this time. 1 Church and no commercial property are 2 churches located in this l believe therearea. • on the north side of Magee Road -- Church of the Ascension located Lutheran east.of La Canada Drive. In addition to the church located on west side of Nott hern Avenue -- south of Hardy Road. No additional costs to the Clerk's Office. • OVelilec(a *-/r lodid MEMORANDUM TO• David Andrews, Finance Director 6.1P-jA2/‘/ FROM: Kathryn Cuvelier, Town Clerk DATE: January 3, 2002 SUB.I. Proposed • Annexation —Area B Fiscal Impact Analysis 835 residential units in this area. Possible Home Occupations locatedAdditional revenues would be received for Home Occupation Licenses. ($80 per license). However, the revenues ues are unknown at this time. 1,767 population Additional Election costs will be incurred based on the amount of registered voters. However, the costs are unknown at this time. 92 Commercial Businesses Additional Business License Revenue of$7,360. (92 x $80.00). 601' P‘..L.E Y A,yi C <0 • 1 Pi'.i,iiiki.......:::.:::•:::::::, "2.?A'...:::riiiii::11:: .,.: ..•,,-• i 4-Nixtu::::.:.::il.:'../•,),:, .f.op i;-;.. 4":74,%747.;',4- ..:.,):g .;,,f t›. A -...441*?::;/t'• P .77,":2,7-,,;&"..1 a°LINDED.0 office of the Town Attorney M - • David Andrews,Finance Director litr FROM: Dan Dudley, Town A.ttorne y DATE: January 4,2002 RE: Proposed Annexation - Area A Fiscal impact Analysis e al regarding the cost of services to the L, Department for the proposed g The estimate g Annexation Area is$31,658.22. Please call if you have any questions. DLD/ca • a ; ,, 0 Vt(e aa • jyL ) ) ut? • .. . . ...... .. .... .....________..................0 • • •.• • • • • . • ••• • , _______ _ _________ (.m., . fiMenesinnnx p r rs•Ma Afecal laved Pwysscix -5 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR&COUNCIL FROM: William A. Jansen, Town Engineer SUBJECT: Ordinance No.(0) 02- 06 , Maintenance of Traffic Control Devices by the Town Engineer SUMMARY: On September 27, 1989, the Oro Valley Town Council approved Chapter 11, of the Oro Valley Town Code. This chapter is still in effect today. Under this Chapter, the Oro Valley Town Council was required to approve the placement of routine traffic control markings and devices. In addition, the Chief of Police is required to place and maintain certain traffic control devices and markings. This proposed ordinance eliminates the requirement for Town Council approval of routine traffic control devices and the requirement that the Chief of Police place and maintain these devices. Thero osed ordinance designates the Town Engineer to place and maintain the traffic p p control devices with the concurrence of the Chief of Police. Such devices shall be placed in accordance with the most recently adopted edition of the Manual on Uniform Traffic Control Devices (MUTCD), sound engineering practices and Arizona State Law. ATTACHMENTS: Ordinance No. (0)02- 06 , An ordinance of the Town of Oro Valley, Arizona amending Article 11-3, "Traffic Control", of the Oro Valley Town Code relating to maintenance of traffic control devices. FISCAL IMPACT: None RECOMMENDATIONS OF STAFF: The Town Engineer and the Chief of Police recommends approval of Ordinance (0)02-j.06 SUGGESTED MOTION: I move to approve Ordinance (0)02-06 , An ordinance of the Town of Oro Valley, Arizona -3, "Traffic Control", of the Oro Valley Town Code relating to amending Article 11 maintenance of traffic control devices. -14,`H Town Engineer Akio. A • /if= — Chief of Poli, - / .Ui4.., X14,_ Town M. ager ORDINANCE NO. (0) 02 - AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO MAINTENANCE OF TRAFFIC CONTROL DEVICES BY THE TOWN ENGINEER; AMENDING ORO VALLEY TOWN CODE ARTICLE 11-3, "TRAFFIC CONTROL;"REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on September 27, 1989,the Town Council did approve Ordinance Number . p « 89-21 which ado ted that certain document entitled, Oro Valley Town Code, (0) � p Chapter 11, Traffic; Motor Vehicles," as the eleventh chapter of the official Town Code; and WHEREASPursuant to the current Oro Valley Town Code,the Town Engineer or Chief of Police, with the approval of the Town Council, shall place and maintain traffic control devices deemed necessary to regulate traffic under the traffic laws of the Town and State; and WHEREAS, the Town Council has determined it unnecessary to approve routine traffic control devices and markings; and WHEREAS, it has been determined that the Chief of Police need not be responsible for placing and/or maintaining traffic control devices, though the Chief of Police shall concur p g with the Town Engineer's determination of maintenance and/or placement of traffic control devices; and WHEREAS, the Town has deemed it necessary to amend Oro Valley Town Code Article 11-3, "Traffic Control," to designate the Town Engineer solely responsible for placing and/or maintaining traffic control devices in order to preserve the peace, health, and safety of the roadways in the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. Thep pro osed new text for Oro Valley Town Code Section 11-3-3(A) reads with additions being shown in ALL CAPS and deletions being shown in trikeout o : OVTC 11-3 Office of the Oro Valley Town Attorney/sib 1.23.02 Section 11-3-3 Traffic Control Devices A. IN ACCORDANCE WITH THE MOST RECENTLY ADOPTED EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND/OR SOUND ENGINEERING PRACTICES, the police chief or Town Engineer, with CONCURRENCE FROM THE CHIEF OF POLICE of the council, shall place and maintain traffic control devices, signs, and signals as he-may-deem BECOMES necessary IN THE FUTURE to regulate traffic under the traffic laws of the Town AND state law or to guide or warn traffic; provided, that all traffic control signs, signals and devices now in place are hereby ratified and approved as so placed. SECTION 2. The proposed new text for Oro Valley Town Code Section 11-3-8 reads with additions being shown in ALL CAPS and deletions being shown in Strikeout to t: Section 11-3-8 Authority to Designate Crosswalks, Establish Safety Zones, and Mark Traffic Lanes Speed Limits IN ACCORDANCE WITH THE MOST RECENTLY ADOPTED EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND/OR SOUND ENGINEERING PRACTICES, the police chief TOWN ENGINEER, WITH CONCURRENCE FROM THE CHIEF OF POLICE, is hereby authorized, A. To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where • n there is particular danger to pedestrians crossing the roadway, and at such other places as BECOME necessary. B. To establish safety zones of such kind and character and at such places as deem-BECOME necessary for the protection of pedestrians. C. To mark lanes for traffic on street pavement at such places . •- -•. • : -- •• .: •• . : •, consistent with the traffic laws of the Town. SECTION 3. The proposed new text for Oro Valley Town Code Section 11-3-9(A) reads with additions being shown in ALL CAPS and deletions being shown in Strikeout-text: Section 11-3-9 • . • : •- : ' • : • : ! : • : •• • • ; Turning Markers A. IN ACCORDANCE WITH THE MOST RECENTLY ADOPTED EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND/OR SOUND ENGINEERING PRACTICES, the police chief TOWN ENGINEER is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such OVTC 11-3 Office of the Oro Valley Town Attorney/sib 1.23.02 intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law. SECTION 4. The proposed new text for Oro Valley Town Code Section 11-3-10(A) reads with additions being shown in ALL CAPS and deletions being shown in Strikeout text: Section 11-3-10 • . • : •- ' : • : • ! : • :•• • • : Restricted Turn Signs A. IN ACCORDANCE WITH THE MOST RECENTLY ADOPTED EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND/OR SOUND ENGINEERING PRACTICES, the :: • - ••- , :• • : : = • • by the council, TOWN ENGINEER, WITH CONCURRENCE FROM THE CHIEF OF POLICE, is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs, or such signs may be removed when such turns are permitted. SECTION 5. The proposed new text for Oro Valley Town Code Section 11-3-12 reads with additions being shown in ALL CAPS and deletions being shown in Strikeout to t: Section 11-3-12 Regulation of Traffic at Intersections A. IN ACCORDANCE WITH THE MOST RECENTLY ADOPTED EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND/OR SOUND ENGINEERING PRACTICES, the council TOWN ENGINEER shall designate through streets, intersections where stops are required, and intersections where vehicles shall yield the right-of-way; • AND shall erect and maintain the appropriate signs at every location where a vehicle must stop or yield the right-of-way. SECTION 6. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 7. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. OVTC 11-3 Office of the Oro Valley Town Attorney/sib 1.23.02 SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 20th day of March , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney OVTC 11-3 Office of the Oro Valley Town Attorney/sib 1.23.02 TOWN OF ORO VALLEY Page 1 of 2 1UNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan Dudley, Town Attorney • 02- 07 relating to the Omnibus Criminal Code revision which compiles a SUBJECT: Ordinance No. (0) , re a g number of regulations for various criminal violations not already included in the Oro Valley Town Code; specifying enforcement mechanisms of such various offenses; authorizing Valley Town Code Chapter 10, "Offenses," by reference; and additional sections to the Oro Va y p providing for penalties thereof, repealingall resolutions, ordinances, and rules of the Town of dpreservingthe rights and duties that have already matured Oro Valley in conflict therewith; anrg andp roceedings that have already begun thereunder. SUMMARY: Oro ValleyResolution (R) 02-08, on February 6, 2002, this item is now Haven been made a record by Having publiclie Town Code. Pursuant to Arizona brought before the Council for consideration to amend the Oro Valley . g Town Council has the authority, with respect to the Oro Valley Police Revised Statute § 9-240(B)(12), the y duties. The Oro Valley to prescribe their powers and Police Department Town enforces the Oro Valley Town Code and the statutes of the State of Arizona within jurisdictional limits as conferred by law. situations for which no ordinance existed within the Oro Valley Town Pcause the Town has faced various believed undesirable, such Omnibus Criminal Code is being proposed. By amending ode to prohibit activities Oro Valley Town Code Chapter 10, "Offenses," the Town will be able to regulate and/or prohibit the activities in these circumstances including, but not limited to, the following: 10-1-13 Urinating or Defecating in Public 10-1-14 Soliciting Passengers or Baggage 10-1-15 Public Property; Injuring 10-1-16 Abandoned Refrigerator, Icebox, or Container 10-1-19 Keeping of Junk Restricted 10-1-20 Willful Failure to Return Library Property 10-1-21 Expectorating on Sidewalks or in Public Buildings 10-1-22 Weapons in Parks or Other Public Places Prohibited 10-1-24 Impersonating a Police Officer 10-1-25 Prohibited Use of Public Right-of-Way 10-1-26 Prohibited Use of Town Logo 10-1-27 Unlawful Parking 10-1-28 Weapons Near a School Prohibited 10-1-29 Town Property; Squatting on Prohibited 10-1-30 Throwing Stars and Nunchuckas; Possession by Minors Prohibited; Sale to Minors Prohibited TOWN OF ORO VALLEY Page 2 of 2 OUNCIL COMMUNICATION MEETING DATE: March 20, 2002 10-1-31 Possession of ButterflyKnives and Brass Knuckles Prohibited 10-1-32 Obstructing Government Operations 10-1-33 Unlawful Use of 911 Emergency Line 10-1-34 Indecent Exposure 10-1-35 Loitering 10-1-36 Narcotics; Keeping Kee ing Paraphernalia; Acting as Lookout 10-1-37 7 Same— Seizure, Destruction of Paraphernalia 10-1-38 Open Container in Public Prohibited 10-6 Anti-Graffiti 10-7 RegulatingPicketing of a Private Residence in Residentially Zoned Districts 10-8 Laser Pointers 10-9 Handbills 10-10 Loud or Unruly Gatherings 10-11 Newsracks 10-12 Parade and Public Assembly FISCAL IMPACT: None • approve Ordinance No. (0) 02 - 07 , which amends the Oro Valley Town �lECOMMENDATION. I move to Code Chapter 10, "Offenses," referencing the proposed Omnibus Criminal Code revision. ATTACHMENTS: 1) Ordinance No. (0) 02 -07 3) Proposed Omnibus Criminal Code i0,1; Agf Aire 4&.-4 Town Attorney Town Manager ORDINANCE NO. (0) 02 - 07 ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AN RELATING TO THE OMNIBUS CRIMINAL CODE REVISION WHICH COMPILES A NUMBER OF REGULATIONS FOR VARIOUS CRIMINAL VIOLATIONS NOT ALREADY INCLUDED IN THE ORO VALLEY TOWN CODE; COMPELLING THE TOWN COUNCIL TO COLLECTIVELY ACCEPT THE WHOLE ENACTMENT OF WHICH SPECIFIES ENFORCEMENT MECHANISMS OF SUCH VARIOUS AUTHORIZING ADDITIONAL SECTIONS TO THE ORO OFFENSES; VALLEY TOWN CODE CHAPTER 10 ("OFFENSES") BY REFERENCE; AND PROVIDING FOR PENALITIES THEREOF; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, on September 27, 1989,the Town Council did approve Ordinance Number (0) 89-21, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 10, Offenses," as the tenth chapter of the official Town Code; and to ARS 9-240(B)(12), the Town Council shall regulate the WHEREAS, pursuant § Police of the Town, and prescribe their powers and duties; and WHEREAS, pursuant to Oro ValleyTown Code 4-1-5, Duties of Police Department, it is the duty of the polce i department, under the direction of the Police Chief, to enforce the p Oro Valley Town Code and the statutes of the State of Arizona within jurisdictional limits as conferred bylaw, and to arrest and charge the violators thereof, and WHEREAS, pea are provided rovided for violating any provision of these Articles which prescribes the Town's various criminal code regulations and enforcement mechanisms; and WHEREASthe Town has deemed it necessary to add certain Sections and Articles to , Chapter 10 in order to provide regulations and prescribe enforcement relative to various criminal offenses, not yet detailed in the Oro Valley Town Code, that occur within the Town in order to preserve the peace, health, and safety of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 SECTION 1. That certain document known as "Article 10-1, Miscellaneous Offenses, A. Sections 10-1-13 through 10-1-16, and 10-1-19 through 10-1-39," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record byResolution No. (R) 02 - 08 of the Town of Oro Valley, if fullyset Arizona, is hereby referred to, adopted, and made a part hereof as out in this Ordinance. B. Pursuant to ARS § 9-803, any penalty clause contained in a code or public record, adopted by reference, shall be set forth in full in the adopting ordinance as follows: Section 10-1-23 Penalties -Unless otherwise specified, all violations of Chapter 10 of the Oro Valley Town Code, all violations of the Oro Valley Zoning Code, all violations of the adopted Building and Fire Codes and other Town Codes shall be designated as class one misdemeanors. Any person founduilt of violating this Code shall be punished by a fine of not more g Y than two thousand five hundred dollars ($2,500.00); imprisonment for not more than one hundred eighty (180) days; or placed on probation up to three (3) or any combination thereof In the case of a minor person, the parents or legal guardian shall be jointly and severably liable with the minor for the payment of all fines and terms of probation. SECTION 2. A. That certain document known as "Article 10-6, Anti-Graffiti," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record byResolution No. (R) 02 - 08 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. B. Pursuant to ARS § 9-803, any penalty clause contained in a code or public record, adopted by reference, shall be set forth in full in the adopting ordinance as follows: Section 10-6-5 Penalties — (A) Fines and Imprisonment. Any person violating this Ordinance shall be punished by a fine of not less than twenty five dollars ($25.00) for the first offense; five hundred dollars ($500.00) for the second offense; and one thousand dollars ($1,000.00) for each subsequent offense, or by imprisonment risonment in jail or probation or by both fine and imprisonment and p probation at the discretion of the court. (1) In the case of a minor, the parents or legal guardian shall be jointly and severably liable with the minor for payment ment of all fines. (2) Failure of the parents or legal guardian to make Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 payment may result in the filing of a lien on the parent's or legal guardian's property that includes the fine and administrative costs. (3) Upon an application and finding indigence,indi ence, the court may decline to order fines the minor, parents, or guardian. (B) Restitution. In addition to any against punishment specified in this Section, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's lator's offense in the amount or manner determined by the court. In of a minor, theparents or legal guardian shall be ordered jointly and the case severably liable with the minor to make the restitution. (C)Forfeiture and Personal Property. All personal property, including but not limited to automobiles, motorcycles, and bicycles, used or intended to be used in violating 1 in this Ordinance shall be forfeitable to the Town. In forfeiting such personal property, the Town shall follow the procedures outlined in State statutes concerning forfeitures of personal property. In any forfeiture proceedingunder this Section, the court shall not order a forfeiture unless it finds that the forfeiture is commensurate with the severity of the violation to the extent required bythe Arizona and United States constitutions. (D) q Community Service. In lieu of, or as part of, the penalties specified in this C y Section, a minor or adult may be required to perform community service as described bythe court based on the following minimum requirements: (1) The minor or adult shall perform at least thirty(30) hours of community service i hin the Town boundaries of Oro Valley. (2) At least one parent or guardian wt of the minor shall be in attendance a minimum of fifty percent (50%) of the periodassignedcommunity of service. (3) The entire period of community service shall bep erformed under the supervision of a community service provider approved bythe Chief of Police. (4)Reasonable effort shall be made pp to assign the minor or adult to a type of community service that is reasonably expected to have a rehabilitative effect on the minor or adult, including communityservice that involves graffiti removal. (5) Any minor determined to be a ward of the court under Arizona State law as a result of committing an offenseoption, perform in the Town's o tionto community service, including graffiti removal service of not less than thirty (30) hours nor more than eighty (80) hours. (E) Civil Responsibility for Damages for Wrongful Sale, Display or P orae. Anyperson who sells, displays or stores, or permits the sale, display Storage. graffiti storage, of implements in violation of the provisions of this Ordinance shall be personally liable for all costs, including attorney's fees and court costs, incurred by any party in connection with the removal of graffiti, or charts prosecution rosecution of a civil claim for reimbursement or damages p Y resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully sold, displayed or stored graffiti implement in violation of theP rovisions of this Ordinance, provided that such liability shall not exceed two thousand five hundred dollars ($2,500.00). Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 SECTION 3. That certain document known as "Article 10-7, Regulating Picketing of a Private Residence in ResidentiallyZoned Districts," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, document was made a public record by Resolution No. (R) 02 -08 of Arizona, which Arizona is herebyreferred to, adopted, and made a part hereof the Town of Oro Valley, as if fully set out in this Ordinance. SECTION 4. That certain document known as "Article 10-8, Laser Pointers," of the Oro Code, three copies of which are on file in the office of the Town Clerk of Valley Town Co p of Oro Valle Arizona, which document was made a public record by the Town y, (R)Resolution No. 02 - 08 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 5. That certain document known as "Article 10-9, Handbills," of the Oro Town Code, three copies of which are on file in the office of the Town Clerk of Valley p . Town of Oro Valle Arizona, which document was made a public record by the y� Resolution No. (R) 02 - 08 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 6. A. That certain document known as "Article 10-10, Loud and Unruly Gatherings,"" of the Oro Valley Town Code, three copies of which are on file • g ' Arizona, which in the office of the Town Clerk of the Town of Oro Valley, document was made ap ublic record by Resolution No. (R) 02 -08 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. B. Pursuant to ARS § 9-803, any penalty clause contained in a code or public record, by adopted reference, shall be set forth in full in the adopting p ordinance as follows: Section 10-10-5 Penalties — The penalty for a party found responsible for the occurrence of a subsequent unruly gathering, as provided in Section 10-10-4, shall be a minimum mandatory fine of five hundred dollars ($500.00) for a first violation, a minimum mandatory fine of one thousand dollars ($1,000.00) for a second violation, and minimum mandatory fines of one thousand five hundred dollars ($1,500.00) for the third or each subsequent violation thereafter. The civil fines provided herein shall be in addition to any other penalties imposed bylaw for particular violations of the law committed during p the course of an unruly gathering. The court may also enter an order of abatement a against party found responsible for a violation of this Article. g ECTION 7. That certain document known as "Article 10-11, Newsracks," of the Oro SECTION Town Code, three copies of which are on file in the office of the Town Clerk of Valleyp Y� the Town of Oro Valle Arizona, which document was made a public record by Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 Resolution No. (R) 02 08 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, anda madepart hereof as if fully set out in this Ordinance. in document known as "Article 10-12, Parade and Public SECTION 8. That certain Valley Town Code, three copies of which are on file in the office Assembly," of the Oro Va y . h Town of Oro Valley, Arizona, which document was made a of the Town Clerk of the y o byResolution No. (R) 02 - 08 of the Town of Oro Valley, Arizona, is public record adopted, and made a part hereof as if fully set out in this Ordinance. hereby referred to, p Pursuant to ARS 41-1346, the governing body of the Town shall SECTION 9. § management for localpublic records and it has been determined maintain efficient record g . that this Ordinance is a public record with three copies of said Ordinance to remain on to file in the office of the Town Clerk. SECTION 10. All Oro ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 11. If anysection, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court ofcompetentjurisdiction, such decision shall not affect the validity of the remaining portions thereof. Mayor AND ADOPTED byMa or and Town Council, the Town of Oro Valley, Arizona, this 20th day of March , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 OMNIBUS CRIMINAL CODE REVISION Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 OMNIBUS CRIMINAL CODE 10-1-16 Abandoned Urinatingor Defecating Refrigerator, Icebox or 10-1-13 in Public. Container. It is unlawful for any person to A. It shall be unlawful for defecate in apublic place, or any person to leave outside of any urinate or any place exposed topublic view, building or dwelling, or in a place any except in an established lavatoryor accessible to children any abandoned, Anyviolation of this provision unattended or discarded icebox, toilet. shall be a class one misdemeanor. refrigerator or any other container of any kind which has an airtight door or lock 10-1-14Soliciting Passengers Passer ers or which may not be released from the Baggage. inside of such. It is unlawful for any person to B. It shall be unlawful for enter into or an upon transportation any person to leave outside of any p Y terminal or shelter, or any hotel, motel, building or dwelling or a place resort, or any grounds thereof, for the accessible to children any abandoned, purposesof solicitingpassengers for any unattended or discarded icebox, purpose, or solicitingpassengers, guests refrigerator or any other container of any or baggage a e to be transported or carried kind which has an airtight snaplock or p in such a manner, without the consent of other device thereon without first the owner of such grounds or the person removing the said snaplock or doors in charge thereof. from said icebox, refrigerator or container. 10-1-15 Public Property; Injuring. 10-1-19 Keeping of Junk Any person who shall Restricted. negligently, willfully or maliciously It shall be unlawful for any injure, deface, pull down, change the person to store or keep, maintain or fail placement of, prohibit removal of, or in to completely remove and properly any manner break or destroy any traffic dispose of all junk on and visible from signage,esi ost or board containing the beyond the property lines of property � , �p name or number of any street in the owned, leased, occupied, maintained, Town, or who shall pull down, used, or controlled by such person for obliterate, deface or destroy any house more than thirty (30) days. All junk must or door numberp laced upon any house be removed within thirty (30) days of or door in the Town, or who shall placement. Junk for purposes of this mutilate, deface, destroy, or shall article is defined as the accumulation of attempt to move, mutilate, deface or in (1) any waste product; (2) discarded any manner damage any public fountain, furniture; (3) discarded glass, metal, g . water tank or tower, public art, public plastic or paper; (4) machinery parts, exhibitpublic bench, public including vehicles; (5) inoperative amphitheater, music stand, sidewalk or machines or material wastes; (6) animal path or other property belonging to the waste (7) litter; (8) discarded or empty Town shall beg uilty of a Class One containers, except those in authorized Misdemeanor. recycling containers; or (9) items that in . shall be governed by this Code. This their present state are of minimal value processed; provision shall not apply to small pocket without being transported or proc � for knives or any items intendedwhich is not confined within a junkyard and in immediate use for sporting or other as properly licensed by the Town sworn recreational activities; to duly an appropriately zoned area. peace officers before, during or after the • normal course of their duties; or to Town 10-1-20 Willful Failure to Return Library normally if such an item is Property. used as a tool within the course of their It shall be unlawful for any duties. person to willfully fail to return any 23 Penalties Unless magazine or 10-1- book, pamphlet, record, g of librarylocated otherwise specified, all violations other property of any Valley Town al boundaries within Chapter 10 of the Oro V y within the municipal five (5) calendar days after receipt t of Code, all violations of the Oro Valley Code, all violations of the return Zoning Co notice from the library demanding . of this adopted Building and Fire Codes and of such property. For purposesp Section, any library record showinga other Town Codes shall be designated as sent will be class one misdemeanors. Any person notification being Code shall in automatically admissibleanycourt found guilty of violating this proceeding without anyfurther action. be punished by a fine of not more than presumed bytwo thousand five hundred dollars Any such mailing will be person court to be received bythe ($2,500.00); imprisonment for not more three (3) days after the date of such than one hundred eighty (180) days;y , or mailing. placed on probation up to three (3) years or any combination thereof. In the case • on of a minor person, 10-1-21 Expectoratingthe parents or legal Sidewalks or in Public guardian shall be jointly and severably y Buildings. liable with the minor for the payment of It shall be unlawful ful for anyall fines and terms of probation, if the person to expectorate upon of the appropriate court so orders. any sidewalks or upon the floors of any indoor or outdoor theater, public 10-1-24 Impersonating a Police building, church or room used for public Officer. Such violation shall be a No person shall impersonate or assemblies. fficer of Class Three misdemeanor. hold himself out to be a police o this State, or use, wear or display an 10-1-22 Weapons in Parks or insignia, badge or indicia of a peace Other Public Places officer of this State, as may be evidenced Prohibited. by the use of the words police, sheriff, It shall be unlawful for anyfederal agent on such various insignia; possess to carry or otherwise a nor shall such person operate or permit weapon anywhere within a public park ublito be operating a motor vehicle with a State Law shall siren, or red light, blue light or white or public building. . prohibition ata park light whether flashing or steady beam, in govern all firearm or public building. Allp other weapons conjunction with any insignia used by public peace officers of this State unless such or private, any main traveled person is currently employed ed as a peace portion of any roadway. p y officer of this state.. 10-1-25 Prohibited Use of Public 10-1-28 Weapons Near A School . Ri ht-of-Wa Prohibited. Right-of-Way. It shall be unlawful for any It shall be unlawful for anyone to person use a public ublic street, highway, carry or otherwise possess any weapon alley, lane, parkway, sidewalk or other as defined in the state statutes or Town rightof-way, whetherright-of-way such ri ht-of- Code within 250 feet of any school or Y dedicated to thepublic in fee or school grounds, public or private, has been by easement or otherwise, for lying, located within the Town limits unless sleeping or remainingin a sitting such weapon is located within a private position thereof, except in the case of a residence already located within 250 feet physical emergencyor the of any school or school grounds, and is administration of medical assistance. possessed by the authorized owner/occupant. This provision also 10-1-26 Prohibited Use of Town shall not apply to areas such as a park Logo. where state law provisions regarding It shall be unlawful for any firearms take precedence if such a Park person to manufacture, make, sell, is within 250 feet of a school. However, design, transfer or use anyitem which the person possessing such a firearm in has the Oro Valley lle Town logo contained such an area must comply with the on it without the expressprior consent of current state law or this Code shall take Town Council or their effect. This provision shall apply the Oro Valley . in an emergency situation, whether the school is in session at the designee, or, g y . Town orderingactivities, time or not. This provision shall not or day-to-day with the approval of the Town Manager. apply to any items being transported past gn Nor may any item or insignia, regardless the school, and intended for immediate of shape or design,esi which has the words use for sporting or other recreational "Town" or "Oro" or "Valley", either activities; to any duly qualified peace used separately, together to ether or in a officer, or any Town or school personnel combination which indicates a for which the weapon is reasonably connection to an official Town classified as a "tool" for the scope of sponsorship, be used without the prior their duties. approval of the Town Council or their designee. This shall include election 10-1-29 Town Property— materials and/or any publications. Squatting on Prohibited. 10-1-27 Unlawful Parking All persons entering upon, or It shall be unlawful for a vehicle assisting to enter upon; enclosing, or to stand, stop, and park or otherwise assisting to enclose; locating, or assisting block, any main traveled portion of any to locate upon; or in any manner roadway on all roads within the Town. connected with taking up, occupying, enclosing or assisting to enclose, or tournament currently in session and under the properly sanctioned by the governing obstructing any property authority of the Town, for purpose u ose of body of such martial arts discipline. It is directlyor indirectly, a defense to this charge if such items are taking possession, Y simply on display as part of a regular of any of the vacantorunoccupied lands, or lands occupied by governmental exhibit open to the public or in the structures, owned, claimed or held in possession of a certified martial arts trust by the Town, or in conflict with the instructor to be used for teaching ordinances providing for and regulating purposes. the sale of public lands, owned, claimed or held in trust bythe Town, shall be 10-1-31 Possession of Butterfly guilty of a Class One Misdemeanor. Knives and Brass Knuckles Prohibited. 10-1-30 ThrowingStars and It is unlawful for any person to 3 Nunchuckas; Possession possess, store, own or give away any By Minors Prohibited; knife or cutting instrument with a blade Sale to Minors longer than one and one half inches Prohibited. opening on a central pivot and capable It is unlawful for any of being opened and locked by one hand A. person in t "butterfly Town to sell, lend, or give ive (commonly known as a to a minor, or to allow a minor to knife') or any instrument designed to possess, instrument, without slip onto the hand and commonly known any a plate consistingof metal as "brass knuckles" anywhere within the • three (3) or more oints town limits of Oro Valley unless such having radiating p one (1) or more ed es and items are part of a regular exhibit with sharp g designedp a polygon,in the shape of capable of being viewed by the public or trefoil, diamond, or any other are being used as a tool in the regular star, geometric shape that can be used as a course of employment. weapon for throwing. It is also unlawful for any person in this Town to sell, lend 10-1-32 Obstructing org ive to a minor, or allow a minor to Government Operations possess, anyinstrument consisting of A person commits obstructing a two handles of any hard material government operation is such person a connected bychain, rope, wire or other knowingly obstructs, impairs or hinders: connecting device, that can be used as a A. A governmental function weapon. by a public servant acting under color of B. It is unlawful for any his official authority; or minor in this Town to manufacture or B. The enforcement of the cause to be manufactured, imported into penal law or the preservation of the the Town, keepfor sale, or offer or peace by a peace officer acting under expose for sale or give, lend or possess color of his official authority. any instrument as defined in subsection (a) of this Section. 10-1-33 Unlawful Use of 9-1-1 C. It is a defense to this Emergency Line. statute that the items in question are only It is unlawful for any person to being used in a martial arts class or dial the 9-1-1 line and hang up without Baking except for a serioussp medical C. In this Section, unless the emergency. It is unlawful "exposure to use 9-1-1 context requires otherwise, or for a situation that is not an emergency if display"means: such a person does so on more than one 1. To submit to public view occasion within any ninety day the named areas without cover; or period and has been previously 2. To submit to public view than instructed not to call the number for the the named areas with cover or less purpose calledprev for previously. one (1) layer of opaque covering. Y Indecent Exposure. 10-1-35 Loitering. 10-1-34 p A. It shall be unlawful for A person is guilty of loitering any person to recklessly or willingly when he: expose display or dis la his or her anus, 1. Loiters, remains or pubic areas, areola wanders about in a public place for the buttocks, genitals, and/or the nipple of the female breast to purpose of begging; or view bymember of the public, or 2. Loiters or remains in a any recklessly or willfully aid or assist in the public place forthe purpose of gambling exposure or display of another's anus, with cards, dice or other gambling buttocksenitals, pubic areas, areola paraphernalia; or g and/or the nipple of the female breast in 3. Loiters or remains in a any place viewable bya member of the public place for the purpose of engaging police public, including officers, or soliciting another person to engage in including, but not limited to, a street, deviate sexual intercourse or other alleyway, driveway, g ri ht-of-way, sexual behavior of a deviate nature; or parkinglot, park, bus stop, hallways, 4. Loiters or remains in or . leplaces of assemblywhether indoor about a school, not having any reason or aisle, in or outdoor, such as bingo halls, fairs, relationship involving custody of or carnivals, businesses, meets, responsibility for a pupil or student, or swap museums, or any otherplaceofpublic any other specific, legitimate reason for accommodation,but not to include: being there, and not having written 1. Regular or authorized permission from anyone authorized to performers or performances on theater, grant the same; or music hall or nightclub 5. Whenever a peace officer concert hall, g or movie house screens, bars or has reasonable suspicion that a person stages, restaurants, except as prohibited in other has violated a federal law, state law or sections of this Code. town code provision, that person shall B. It shall be no defense that provide proof of identity upon request • Proof of identity shall be defined as that the viewer or viewers: 1. Consented to the described in Arizona Revised Statute 28- sure ex o or display;lay; or 1595 (b) or its progeny; or p p 2. Voluntarily subjected 6. Loiters or remains in any herself to the exposure or transportation facility, unless specifically himself or p display;la ; authorized to do so, for the purpose of or 3. Was not, or were not, soliciting or engaging in any business, annoyed, offended, shocked or outraged trade or commercial transaction by the exposuredisplay.or dis la . involving the sale of merchandise or the purpose of nothing herein contained shall prevent services; or forrp p entertaining persons by singing, dancing sin in the destruction of such articles no longer or playing any musical instrument; or required to be retained as evidence. 7. Loiters or remains in any transportatio stop,facility, bus sto , etc. or is 10-1-38 Open Container in found sleeping therein, and is unable to Public Prohibited. give a explanation satisfactorylanation of his It is unlawful for any person to p • or consume an alcoholic beverage in presence; of anyn i be to 8. Loiters or remains in any public, or possession place with one (1) or more persons for open container of an alcoholic beverage using the purpose of lawfullyor in public without a proper permit. For possessing marijuana, or a narcotic or purposes of this Section, non-alcoholic dangerous drug as defined in Arizona beers are included within the definition Revised Statute 13-3400 et. seq. or its of alcoholic beverages as they do contain progeny. minute traces of alcohol and to aid in the enforcement of this Section by avoiding 10-1-36 Narcotics—Keeping the taking of samples of and analysis of p g Paraphernalia; Actingevery beverage. "In public" shall p � As Lookout. include the common areas of apartment If any person shall keep or complexes in its definition. A person exhibit any box, pipe,e, cup, hypodermic odermic located on their private balcony area of needle, thing, or apparatus used for an apartment building is not considered pp unlawfully smoking, eating, inhaling, to be"in public". injecting or consuming any substance defined as a narcotic by A.R.S. §13- 3401, or if any person shall act as a 10-1-39 Severability place lookoutor tender at any where Should any portion of any practiced acts are or carried on, s/he provision of the Oro Valley Town Code shall be guiltyof a misdemeanor. be found to be unconstitutional by a court of competent jurisdiction, that 10-1-37 Same—Seizure, provision or portion of any provision Destruction of shall be severable and not affect the Paraphernalia. validity of the remaining portions of the It shall be the duty of the police provision or other provisions. officers of the Town to seize and safely keep all cups, pipes, apparatus, boxes, hypodermic needles and things used for the purpose of unlawfully eating, smoking, inhaling, injecting or otherwise consuming any substance defined as a narcotic by A.R.S. §13-3401, and produce the same in court. Such articles shall be retained until the final disposition of any case in which they may be required as evidence, to be then destroyed by order of the court; but ARTICLE 10-6 used to make permanent marks on any ANTI-GRAFFITI natural or man-made surface. D. Graffiti means any unauthorized inscription, word, figure, 10-6-1 Reserved painting or other defacement that is 10-6 2 Definitions hed Prohibited Acts written, marked, etched, scratched, 10-6-3 10-6-4 Accessibility't to Graffiti sprayed, drawn, painted, or engraved on Implements or otherwise affixed to any surface of 10-6-5 Penalties public or private property by any graffiti 10-6-6 Rewards and implement, to the extent that the graffiti Reimbursement for was not authorized in advance by the Information owner or occupant of the property, or, _ _ Graffiti as Nuisance despite advance authorization, is 1067 1068 Removalby _ _ of Graffiti otherwise deemed a public nuisance by Perpetrator the Town Council. 10-6-9 Removal of Graffiti by E. Graffiti implement means PropertyOwner or an aerosol paint container, a broad- Town Town tipped marker, gum label, paint stick or 10610 - - Ease of Removal graffiti stick, etching equipment, or Provisions brush . 10-6-11 Prevention Provisions F. Paint stick or graffiti stick 10-6-12 Trust Fund means any device containing a solid form of paint, chalk, wax, epoxy, or 1061 - - Reserved other similar substance capable of being applied to a surface by pressure and 10-6-2 Definitions. leaving a mark of at least one-eighth For the purposes of this Code, (1/8th) of an inch in width. the following words shall have the G. Person means any meanings respectively ascribed to them individual, partnership, cooperative in this Section, except t where the context association, private corporation, personal clearly indicates a different meaning: representative, receiver, trustee, assignee A. Aerosol paint container or any other legal entity. means any aerosol container that is adapted or made for the purpose of 10-6-3 Prohibited Acts. applying spray paint or other substances A. Defacement. It shall be property. capable of defacing unlawful for any person to apply graffiti B. Broad-tipped marker to any natural or man-made surface on means anyfelt tipindelible marker or any Town-owned property, or, without similar implement with a flat or angled the permission of the owner or occupant, writingsurface that, at its broadest on any non-Town-owned property. greater than one-fourth width, is (1/4th) h B. Possession of Graffiti of an inch, containing ink or other Implements: p � liquid pigmented li that is not water 1. By Minors at or Near soluble. School Facilities. It shall be unlawful C. Etching equipment uiP ment means for any person under the age of eighteen any tool, device, or substance that can be (18) years to possess any graffiti implement while on any school property, eighteen (18) years without the written g grounds, facilities, buildings, or consent of the parents or guardian of the structures, or in areas immediately person. specific locations upon B. Display and Storage. adjacent to those p public property, uponprivate or property 1. Every person who owns, of the conducts, operates, or without the prior written consentmanages a retail lin private commercial establishment selling owner or occupant of such of this Section aerosol paint containers, paint sticks, or property. The provisions shall not apply to the possession 1 of broad-tipped markers shall store the broad-tipped markers or other containers, sticks or markers in an area instrumentsattendingor continuously observable, through direct by a minor travelling to or from a school at which visual observation of surveillance the minor is equipment, by the minor is enrolled if employees of the retail q participating in a class at the school that establishment during the regular course formally requires the possession of of business. q In the event that a or other such 2. broad-tipped markers instruments. The proof of in any commercial retail establishment is violation of this Section unable to store for the aerosol paint shall be upon the minor student to containers, paint sticks, or broad-tipped possess the need to a broad- markers in an area as provided above, tipped marker. the establishment shall store the containers, sticks, and markers in an area Public not accessible to the public in the regular 2. In Designated e be unlawful for Places. It shall any course of business without employe person to possess any graffiti implement assistance. upon anypublic facility, C. Signage Required. Every while in or y park, playground,la round, swimming pool, person who operates a retail commercial recreational facility, or public other establishment selling graffiti implements building or structure owned or operated shall: or while in or within fifty the Town 1. Place a sign in clear, underpass,(50) feet of an bridge public view at or near the display of such abutment, storm drain, or similar types products stating: "Graffiti is against the of infrastructure unless otherwise law. Any person who defaces real or Town. personal property with paint or any other authorized by the liquid or device is guilty of a crime 10-6-4 Accessibility ibilit to Graffiti punishable by imprisonment of up to 180 Implements. days and/or a fine up to $2,500.00." A. Furnishing to Minors 2. Place a sign in the direct Prohibited. It shall be unlawful for any view of such persons responsible for person, other than a parentlegal or le al accepting customer payment for graffiti guardianexchange,sell, exchan e, g ive, loan, or implements stating: "Selling spray permit furnish, or to cause to paint, paint sticks, or broad-tipped be exchange given,iven, loaned, or markers to persons under 18 years of age otherwise furnished, any paint aerosol is against the law and punishable by a container, broad-tipped marker, or paint fine of$2,500.00." stick to any person under the age of 10-6-5 Penalties. concerning forfeitures of personal A. Fines and Imprisonment.risonmentproperty. In any forfeiture proceeding p Any person violating this Code shall be under this Section, the court shall not punished by a fine of not less than order a forfeiture unless it finds that the for the first forfeiture is commensurate with the twenty five dollars ($25.00) offense; five hundred dollars ($500.00) severity of the violation to the extent for the second offense; and one thousand required by the Arizona and United dollars ($1,000.00) for each subsequent States constitutions. offense, or by imprisonment risonment in jail or D. Community Service. In probation or byboth fine and lieu of, or as part of, the penalties imprisonmentand d probation at the specified in this Section, a minor or adult discretion of the court. may be required to perform community 1. In the case of a minor, the service as described by the court based parents or legal guardian shall be jointly on the following minimum requirements: g and y erabl liable with the minor for 1. The minor or adult shall payment of all fines. perform at least thirty (30) hours of 2. Failure of the parents or community service within the Town legal guardian to make payment may boundaries of Oro Valley. g result in the filing of a lien on the 2. At least one parent or parent's or legal guardian's property that guardian of the minor shall be in includes the fine and administrative attendance a minimum of fifty percent costs. (50%) of the period of assigned 3. Upon an application and community service. finding indigence,indi ence the court may 3. The entire period of decline to order fines against the minor, community service shall be performed parentsor guardian.uardian. under the supervision of a community B. Restitution. In addition service provider approved by the Chief to any punishment specified in this of Police. Section, the court shall order any 4. Reasonable effort shall be violator to make restitution to the victim made to assign the minor or adult to a for damages or loss caused directly or type of community service that is indirectly by the violator's offense in the reasonably expected to have a amount or manner determined by the rehabilitative effect on the minor or court. In the case of a minor, the parents adult, including community service that or legal guardian shall be ordered jointly involves graffiti removal. g and severably liable with the minor to 5. Any minor determined to make the restitution. be a ward of the court under Arizona C. Forfeiture of Personal State law as a result of committing an . Pro ert All personal property, offense in the Town shall be required, at Property. including, but not limited to, the Town's option, to perform includinggraffiti automobiles, motorcycles and bicycles, community service, used or intended to be used in violating removal service of not less than thirty this Code shall be forfeitable to the (30) hours nor more than eighty (80) Town. In forfeiting such personal hours. property, the Town shall follow the E. Civil Responsibility for procedures outlined in State statutes Damages for Wrongful Sale, Display or Storage. Any persondisplays sells, dis la s investigates and verifies the accuracy of or stores, or permitsdisplay the sale, dis la or the claim and determines that the storage, of graffiti implements in requirements of this Section have been violation of the provisions of this Code satisfied. shall be personally liable for all costs, D. The Town shall including attorney's fees and court costs, reimburse to any person reporting by Incurred byin connection with means of a mobile or cellular phone an any party y ofgraffiti, or such party's act of graffiti vandalism or existence of the removal p Y prosecution of a civil claim for graffiti within the Town the amount of reimbursementdamages or resultingthe direct phone charges, exclusive of from such graffiti removal or property taxes, incurred by the person. repair, arising from the use by any person of such wrongfully sold, 10-6-7 Graffiti As Nuisance. or storedgraffiti implement in A. The existence of graffiti displayedp . violation of the provisions of this Code, on public or private property in violation provided that such liabilityshall not of this Code is expressly declared to be a exceed two thousand five hundred public nuisance and; therefore, is subject dollars ($2,500.00). to the removal and abatement provisions specified in this Code. 10-6-6 Rewards and B. It is the duty of both the Reimbursements for owner of the property to which the Information. graffiti has been applied and any person A. Pursuant to this Section who may be in possession or who has of the Town Code, the Town may offer a the right to possess such property to at reward in an amount to be established by all times keep the property clear of resolution of the Town Council for graffiti. information leading to the identification and apprehension of any person who 10-6-8 Removal of Graffiti by willfully damages or destroys any public Perpetrator. orprivate property bythe use of graffiti. Any person applying graffiti on p p Y The localolice department shall public or private property shall have the p p administer such rewardp rogram. In the duty to remove the graffiti within event of damage to public property, the twenty-four (24) hours after notice by g offender or the parents or legal guardian the Town or private owner of the of any unemancipated ated minor must property involved. Such removal shall reimburse the Town for any reward paid. be done in a manner prescribed by the In the event of multiple contributors of Chief of Police, the Director of the information, the Town in the manner it Department of Public Works, or any shall deem appropriate ro riate shall divide the additional Town. department head, as reward amount. authorized by the Town Council. Any B. Claims for rewards under person applying graffiti shall be this Section shall be filed with the Town responsible for the removal or for in the manner specified by the Town payment of the removal. Failure of any Council. person to remove graffiti or pay for the C. No claim for a reward removal shall constitute an additional shall be allowed until the Town violation of this Code. Where an graffiti, requirements of subsection A above unemancipated minor applies gr , guardian parents or legal al shall also shall not apply if the property owner or be responsible for such removal or for responsible party can demonstrate that: the payment for the removal. 1. The property owner or responsible party lacks the financial 10-6-9 Removal of Graffiti By ability to remove the defacing graffiti; or Property Owner or 2. The property owner or P Y Town. responsible party has an active program If graffiti is not removed bythe for the removal of graffiti and has perpetrator according to Section 10-6-8, scheduled the removal of the graffiti as graffiti shall be removedpursuant ursuant to the part of that program, in which case it following provisions: shall be unlawful to permit such property A. Property Owner to remain defaced with graffiti for a Responsibility. It is unlawful for any period of fifteen (15) days after service person who is the owner or who has by First Class Mail of notice of the primaryresponsibility for control of defacement.property or for repair or maintenance of C. Right of Town to in the Town to permit property Remove. property that is defaced with graffiti to remain 1. Use of Public Funds. defaced fora period of ten (10) days Whenever the Town becomes aware or after service by First Class Mail of is notified and determines that graffiti is notice of the defacement. The notice located on publicly or privately-owned shall contain the followinginformation: property viewable from a public or 1. The street address and quasi-public place, the Town shall be legal description i of the property authorized to use public funds for the p p Y identification of the removal of the graffiti, or for the sufficient for property; painting or repairing of the graffiti, but 2. A statement that the shall not authorize or undertake to graffiti property is a potential nuisance provide for the painting or repair of any property with a concise description of more extensive an area than where the the conditions leadingto the finding; graffiti is located, unless the Town 3. A statement that the Manager, or the designee of the Town must be removed within ten (10) Manager, determines in writing that a graffiti days after receipt t of the notice, and that more extensive area is required to be if the graffiti is not abated within that repainted or repaired in order to avoid an will declare the property aesthetic disfigurement to the time, the Town p p Y to be a public nuisance, subject ect to the neighborhood or community, or unless procedures in Town Code the property owner or responsible party abatement Section 10-6-9; and agrees to pay for the costs of repainting 4. An information sheet or repairing the more extensive area. graffiti any removal 2. Right of Entry on Private assistanceprograms available through Property. Prior to entering upon private the Town and private graffiti removal property or property owned by a public contractors. entity other than the Town for the B. Exceptions to Property purpose of graffiti removal, the Town Owner Responsibility. The removal shall attempt to secure the consent of the responsible partyand the Hearing Officer after the due process property owner or a release of the Town from liabilityfor hearing shall be final and not appealable. ersonal injury. If If, after the due process hearing, property damage or p the property owner or responsible partyregardless of the attendance of the owner offendinggraffiti or the responsible party or their fails to remove the within the time specifiedby this Code, respective agents, the Hearing Officer or ifthe Town has requested consent to determines that the property contains paint over the offending graffiti viewable from a public or quasi- graffiti,remove or property owner or public place, the Hearing Officer shall and the prop y responsible party has refused consent for give written notice in an eradication entry on terms acceptable to the Town order that, unless the graffiti is removed and consistent with the terms of this within ten (10) days, the Town shall Town shall commence enter upon the property, cause the Section, the proceedings and cost recovery removal, painting over (in such color as for the graffitiaccording removal to the shall meet with the approval of the provisions specified below. Hearing Officer), or such other D. Abatement and Cost eradication thereof as the Hearing Recovery Proceedings.s. Officer determines appropriate, and shall 1. Notice of Due Process provide the owner and the responsible Hearing. The Town Manager, or the party thereafter with an accounting of designee of the Town Manager, serving the costs of the eradication effort on a as the Hearing Officer, shall provide the full cost recovery basis. property owner of record and the party 3. Eradication Effort. Not prop y ible for the maintenance of the sooner than the time specified in the responsible property, if person is different than the order of the Hearing Officer, the Town p Y� a owner, Y not less than forty-eight (48) Manager, or the designee of the Town hours notice of the Town's intent to hold Manager, shall implement the a due process hearingat which the eradication order and shall provide an property owner or responsible partyshall accounting to the owner and the p be e to present resent evidence and argue responsible party of the costs thereof. that thero ert does not constitute a 4. Cost Hearing. The owner p P Y public nuisance. Notice shall be deemed or responsible party may request a cost be completed if served byFirst Class hearing before the Hearing Officer on to p Mail. There shall be a presumption that the eradication accounting, and the mail was delivered in anylegal appropriate due process must be proceeding.. If the owner of record extended to the owner or responsible cannot be found after a diligent search, party. If following the cost hearing, or if be the notice mayserved byposting a no hearing is requested, after the o thereof in a conspicuous place implementation of the eradication order, copy p uponproperty thefor a period of ten(10) the Hearing Officer determines that all publication s and thereof in a or a portion of the costs are newspaper of general circulation appropriately chargeable to the p per published in the area in which the eradication effort, the total amount set property is located. forth in the eradication accounting, or an P Y 2. Determination of the amount thereof determined as Hearing Officer. The determination of appropriate by the Hearing Officer, shall be due and payable by the owner or 3. The Town's right to responsible party within thirty (30) days. remove graffiti or to paint the Any amount of eradication charges encroaching object; or assessed by the HearingOfficer that are 4. The permittee's providing less than the total amount set forth in the the Town with sufficient matching paint eradication accountingshall be and/or anti-graffiti material on demand explained by written letter from the for use in the painting of the encroaching Hearing Officer to the Town Council. object containing graffiti. Hea g 5. Lien. As to such property C. Condition Tentative where the responsible partyis the Maps. In approving tentative or parcel p owner, if all or anyportion of maps, conditional use permits, variances,g the assessed eradication charges remain or other similar land use entitlements, unpaidY (30) da sursuant to the Town shall consider imposing any or after thirt Y , p the authorityby created State law, the all of the following conditions, or other portion thereof that remains unpaid shall similar or related conditions, at the p . constitute a lien on the property that was public hearing required by law for p p Y the subject of the eradication effort. The approval of the tentative or parcel map, Director of Public Works shall present a conditional use permit, variance or other Resolution of Lien to the Town Council, similar land use entitlement. andupon and adoption thereof, 1. Use of Anti-Graffiti passage e g p shall cause a certified copy of the Lien to Material. Developer shall apply an anti- be recorded with the Town Clerk's graffiti material of a type and nature that Office. is acceptable to the Town Manager, or the designee of the Town Manager, to 10-6-10 Ease of Removal the publicly viewable surfaces on the Provisions. improvements to be constructed at the A. Common Utility Colors site deemed by the Town Manager, or and Paint-type. Anygas, electric, designee, to be likely to attract graffiti; telephone, water, sewer, cable, telephone 2. Right of Access to p and other utility operating in the Town Remove Graffiti. Developer shall p g shallp aint its above-surface metal permanently grant, prior to resale of any fixtures with a uniform paint type and of the parcels that are within the territory color that meets with the approval of the of the map, the right of entry over and Town Manager. access to such parcels, upon forty-eight B. Condition Encroachment (48) hours posting of notice by Permits. All encroachment permits authorized Town employees or agents, to issued by the Town shall, among such the Town for the purpose of removing or other things, be conditioned on: painting over graffiti; 1. Thep p ermittee's application 3. Supply Town with of an anti-graffiti material to the Graffiti-Removal Material. Developer encroaching objecttype of a t e and nature shall, for a period of two (2) years after that is acceptable to the Town Manager, the resale of the final lot, provide the or the Town Manager's designee; Town with sufficient matching paint 2. Thep ermittee's immediate and/or anti-graffiti material on demand removal of any graffiti. for use in the painting over or removal of graffiti; or t 4. Owner to Immediatelyabatement hearing, at the discretion of Remove Graffiti. Developer shall, either the Hearing Officer. general part of the conditions, 1. At Owner's Expense. covenants and or separate arate Any surface of a structure on a parcel of g covenants recorded against individual land for non-residential purposes that lots, prior parcels,resale of anyof the has been defaced with graffiti equal to or covenant in a form satisfactoryto the more than five (5) times in twelve (12) Town that the owner of the lots shall months shall be declared a public immediately remove anygraffiti placed nuisance and required to be retrofitted, at lmme y thereon. the cost of the property owner, with features or qualities as may be 10-6-11 Prevention Provisions. established by the Town as necessary to A. Design of Potential reduce the attractiveness of the surface Graffiti-Attracting Surfaces. Any for graffiti, or as necessary to permit approval,applicantfor designreview a roval, more convenient or efficient removal of conditional usep ermit, special use graffiti. In exercising the authority p p ermit, unclassified use permit, hereunder, the Town may not impose a development agreement, or other form of cost on the property owner of greater p development or buildingpermit shall, to than two thousand five hundred dollars p the extent deemed feasible by the Town ($2,500.00.). Manager, or the designee of the Town 2. At Town's Cost. The g Manager, have designed any building owner of property used for non- structures visible from any public or residential purposes on which is located quasi-public place ublic in such a manner to a surface of a structure that has been considerp revention of graffiti, defaced with graffiti equal to or more including, but not limited to the than five (5) times in twelve (12) months following: shall permit the Town to enter the 1. Use of a protective property and, at the Town's cost, make coating to provide for the effective and modifications as necessary to reduce the . expeditious removal of graffiti; attractiveness of the surface for graffiti, p 2. Use of additional or as necessary to permit more lighting; convenient or efficient removal of 3. Use of non-solid fencing; graffiti. 4. Use of landscaping designed to cover large expansive walls, 10-6-12 Trust Fund. such as ivy or similar clinging The Town Council hereby vegetation; or creates the Town of Oro Valley Anti- 5. Use of architectural Graffiti Trust Fund. Penalties assessed designup to break long, continuous against violators of this Code shall be walls or solid areas. placed in the fund, along with any B. Retro-Fit Existing monetary donations received from Graffiti-Attracting Surfaces; Non- persons wishing to contribute to the G g Residential Structures. The following fund. The Council shall direct the provisions maybe incorporated in a expenditures of monies in the fund. graffiti eradication order during an Such expenditures shall be limited to the payment of the cost of graffiti removal, thep ayment, at the discretion of the Town Manager, or his designee, of rewards for information leading to the conviction of violation of the Code, the costs of administering the Code, and such other public purposes as may be approved by the Council by resolution. ARTICLE 10-7 REGULATING PICKETING OF A It shall be unlawful to picket any private PRIVATE RESIDENCE IN residence for any reason except as RESIDENTIALLY ZONED provided for elsewhere within this DISTRICTS article. 10-7-1 Definitions 19-7-3 Exemptions. 10-7-2 Picketingof Private Nothing herein shall prohibit: Residence Prohibited A. The picketing of a 1073 Exemptions_ _ residence which is used as the Time Restrictions occupant's sole place of business. 10-7-4 10-7-5 Warning B. The picketing of a 10-7-6 Defense to Prosecution residence used as a place of public 10-7-7 Penalty meeting; C. A person or group of persons from marching in a residential zoned area without stopping at a 10-7-1 Definitions. particular private residence; or A. Directed, focused, or D. A person or group of targeted at means that a particular persons from marching in a residential private residence or anyof its occupants zoned area on a defined route without has been made the sole object of stopping at any particular residence or picketing and that the picketing takes residences. place directly in front of the particular private residence or the private residence 10-7-4 Time Restrictions.on either side of the targeted residence. Picketing in residential zoned g B. Picket means to station or areas is permitted only during the post one or more persons, with or following hours: without a sign, before or about a A. Monday through Friday particular residence. 9:00 a.m. to 12 Noon C. Private residence means B. Saturday a single-family, duplex, or multi-family 9:00 a.m. to 5:00 p.m. p dwelling. C. Sunday D. Reserved 1:00 p.m. to 5:00 p.m. E. Residential zoned district means a section of the 10-7-5 Warning Town, which the General Before a person may be arrested Plan has designated, for for violating Section 10-7-2, the person single-family, duplex, or must have been ordered to move, multi-family dwellings. disperse, or otherwise remedy the violation by: A. A police officer; B. A member of the fire department; or 10-7-2 Picketing of Private C. A person with authority Residence Prohibited. to control the use of the residence which is the "focus" or "target" of the picketing. 10-7-6 Defense to Prosecution. It is a defense to prosecution under this Section that a person: A. Was not given a warning as provided in Section 10-7-5; or B. Promptly obeyed a warning as provided in Section 10-7-5. 10-7-7 For Penalty Provision; See Section 10-1-23 ARTICLE 10-8 LASER POINTERS 10-8-2 Definitions. In this Code, the following words 10-8-1 Purpose and Intent and terms shall have these defined 10-8-2 Definitions meanings; 10-8-3 Reserved A. Town is the Town of Oro 10-8-4 Prohibited Uses Valley. 10-8-5 Use on Law B. Knowingly means having Enforcement and Other general knowledge of, or reason to Town Personnel know, or a belief or ground for belief Unlawful which warrants further inspection or 10-8-6 Penalty inquiry of the age of a minor. C. Laser pointer means any Purpose and Intent. hand-held device containing a small 10-8-1 The Town Council of Oro Valley diode laser that is capable of emitting an enacts this Code to address public safety, intense beam of light. health and nuisance concerns created by D. Minor means an themishandling of laser pointer devices. unemancipated person less than eighteen The Council finds that: (18) years of age. A. The Federal Drug E. Person means an tion and other agencies have individual, partnership, cooperative Administration g issued warnings on the misuse of laser association, private corporation, personal pointers, particularlyin connection with representative, trustee, receiver, assignee minors; or any other legal entity. B. Laser pointer misuse has been associated with visual impairment, 10-8-3 Reserved. such as temporary "flashblindness", headaches and "afterimages"; 10-8-4 Prohibited Uses. C. In addition to visual A. It shall be unlawful for impairmentex osure to lasers can cause any person to direct the light from a laser imp p eyes Y orar distraction or panic, posing pointer into the eye or y es of another the potential for serious physical harm in person. some cases; B. It shall be unlawful for D. Laserp ointer beams have any person to direct the light from a laser misused byminors and others to pointer upon another person, a person's been persons distract, harass, alarm or annoy vehicle, or upon an animal, without or animals, and can be mistaken for the consent. laser g si htin device of a firearm; and C. This Section shall not sighting E. Laser pointer use with the apply to: Town threatenspublicpeace, safety and 1. A person who is licensed welfare, and should be regulated. or otherwise authorized by law to use a laser device in the person's profession if The Council enacts this Code the laser device is used by the person in pursuant to itspolice powers, as discharging or attempting to discharge specified in the Arizona Revised the person's official duties; or Statutes. 2. A law enforcement officer who uses a laser device in discharging or attempting to discharge the officer's official duties. 10-8-5 For Penalty Provision; See Section 10-1-23. ARTICLE 10-9. HANDBILLS they do not wish to be solicited by such and Purpose persons or do not desire to receive 10-9-1 Intent p 109 - -2 Definitions handbills or advertising matter; 10-9-3 PostingNotice, Placard, B. To protect the people Bill,Etc., Prohibited against the health and safety menace and - - ThrowingHandbills in the expense incident to the littering of 1094 Public Places Prohibited the streets and public places by the 1095Placing - - Handbills In or promiscuous and uncontrolled Upon Vehicles distribution of advertising matter and 1096 - - Distribution of commercial and non-commercial Handbills on handbills; and Uninhabited or Vacant C. To preserve the people's Private Premises constitutional right to receive and Prohibited disseminate information. 10-9-7 Distribution of Handbills Where 10-9-2 Definitions. Prohibition Properly The following words, terms and Posted phrases, when used in this Code, have 10-9-8 Distribution of the meanings ascribed to them in this Handbills at Private Section, except where the context clearly Premises; Exemption indicates a different meaning: 10-9-9 Handbills Depicting A. Commercial handbill Certain Matter shall mean and include any printed or Prohibited written matter, any sample or device, 10-9-10 Existing Ordinances circular, leaflet, pamphlet, paper, Not Affected booklet, or any other printed or 10-9-11 Penalty otherwise reproduced original or copies of any matter or literature: 10-9-1 Intent and Purpose. 1. Which advertises for sale The Town Council of the Town any merchandise, product, commodity, of Oro Valley finds and declares that to or thing; protectpeople the against the nuisance 2. Which directs attention to of and incident to the promiscuous any business or mercantile or distribution of handbills and circulars, commercial establishment, or other with the resulting detriment and danger activity, for the purpose of either directly top ublic health and safety, the public or indirectly promoting the interests interest, convenience and necessity thereof by sales; requires the regulation thereof and to 3. Which directs attention to that end thep �u oses of this Code are or advertises any meeting, theatrical specifically declared to be as follows: performance, exhibition, or event of any p Y kind, for which an admission fee is A. Top rotect local residents charged for the purpose of private gain against trespassing by solicitors, or profit; but the terms of this clause p canvassers or handbill distributors upon shall not apply where an admission fee is theprivate property of such residents if charged or a collection is taken up for p p Y they have given reasonable notice that the purpose of defraying the expenses incident to such meeting, theatrical aforesaid definitions of a commercial performance, exhibition, or event of any handbill or a newspaper. kind, when either of the same is held, D. Obscene means material inwith which depicts or describes sexual given or takes place connection le or information which conduct thatis objectionable the dissemination of of ordinaryrules offensive to accepted standards is not restricted under the of decency, good morals, public peace, decency which the average person, provided, that applying contemporary community safety and good order; p � hole in this clause shall be standards would find, taken as a whole, nothing contained r material derived to authorize the holding, giving appeals to prurient interests o theatrical which depicts or describes, in a patently or taking place of any meeting, conduct exhibition, or event of anyoffensive way, sexual performance, license, where such specifically defined by the applicable kind without a license is or may be required bylaw State law, which, taken as a whole, lacks any of this State, or under any ordinance of serious literary, artistic, political, or thisTown; or scientific value. while containing Which, E. Person shall mean and than advertisinginclude any person, firm, partnership, reading matter other matter, is predominantly and essentially association, corporation, company or an advertisement, and is distributed or organization of any kind. circulated for advertising purposes,u oses or F. Private premises shall for the private benefit and gainany of mean and include any dwelling, house, d as advertiser or building, or other structure, designed or person so engaged distributor. This shall not apply 1 to used either wholly or in part for private political materials. residential purposes, whether inhabited, B. Newspaper shall mean uninhabited or vacant, and shall include and include any newspaper of general any yard, grounds, walk, driveway, circulation as defined by general law, porch, steps, vestibule or mailbox any newspaper duly entered with the belonging or appurtenant to such United States Postal Service, in dwelling, house, building, or other accordance with federal statute or structure. newspaper regulation, and any filed and G. Public place shall mean recorded withrecording anyofficer as and include any and all streets, provided by general law; and, in addition boulevards, avenues, lanes, alleys, or thereto, shall mean and include anyother public ways, and any and all public periodical or current magazine regularly parks, squares, spaces, plazas, business g Y published with not less than four issues parking lots, grounds, and buildings. per year, and sold to the public. C. Non-Commercial handbill shall mean and include any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the 10-9-3 Posting Notice, Placard, non-commercial handbill jn or upon any automobile or other vehicle. The Prohibited. Bill, Etc., No person shallpost,ost, stick, provisions of this Section shall not be otherwise affix, or cause deemed to prohibit paint or the handing, the same to be done one bytransmitting or distributing of any any person, any notice, placard, bill, poster,card, commercial or non-commercial handbill advertisement or other paper er or device to the owner or other occupant of any calculated to attract the attention of the automobile or other vehicle, who is public, to or upon any sidewalk, willing to accept the same. crosswalk, curb or curbstone, flagstone, or any other portion or part of any public 10-9-6 Distribution of way or public place, or any lamp post, Handbills on electric light, telegraph, telephone or Uninhabited or Vacant trolley line pole,ole, or railway structure, Private Premises hydrant, shade tree or tree-box, or upon Prohibited. the piers, columns, trusses, girders, It shall be unlawful for any gates or other parts of any person to distribute, deposit, place, railings, public bridge or viaduct, or other public throw, scatter or cast any commercial or structure or building, or upon any pole, non-commercial handbill in or upon any box or fixture of the fire alarm except private premises which are uninhabited such as may be authorized or required by or vacant. the laws of the United States, or the State of Arizona, and the Ordinances of 10-9-7 Distribution of the Town. Handbills Where Prohibition Properly 10-9-4 Throwing Handbills in Posted. Public Places It shall be unlawful for any Prohibited. person to distribute, deposit, place, It shall be unlawful for any throw, scatter or cast any commercial or persondeposit, place,to throw, scatter or non-commercial handbill upon any cast anycommercial or non-commercial premises, if requested by anyone thereon any handbill in or upon public place not to do so, or if there is placed on said within the Town. Provided, however, premises in a conspicuous position near that it shall not be unlawful for any the entrance thereof, a sign bearing the person to hand out or distribute, without words: "No Trespassing", "No Peddlers charge to the receiver thereof, any or Agents", "No Advertisements", or commercial or non-commercial handbill any similar notice, indicating in any in any pplace lace to any person willing manner that the occupants of said to accept such handbill. premises do not desire to be molested or to have their right of privacy disturbed, 10-9-5 Placing Handbills In or or to have any such commercial or non- Upon Vehicles commercial handbills left upon such p Prohibited. premises. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or 10-9-8 Distributing Handbills A. Which is reasonably At Private Premises; likely to incite or to produce imminent Exceptions. lawless action; or A. No person shall throw, B. Which is obscene or deposit, or distribute any commercial or unlawful. non-commercial handbill in or upon private premises except by handing or 10-9-10 Existing Ordinances transmitting any such handbill directly to Not Affected. the owner, occupant, or other person This Code shall not be deemed to thenp resent in or upon such private repeal, amend or modify any Ordinance premises; provided, that, except where ever ordained, either prohibiting, the premises are posted as provided in regulating or licensing canvassers, this Code or where anyone upon the hawkers, peddlers, transient merchants, premises requests otherwise, a person or any person using the public streets or may place or deposit any such places for any private business or commercial or non-commercial handbill enterprise, or for commercial sales, not in or upon such private premises, if such covered herein. handbill is contained in a plastic bag ventilated with airholes throughout the 10-9-11 For Penalty Provision; surface of the bag, or unventilated See Section 10-1-23. plastic bag no greater than six (6) inches in width, or if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal law regulations. B. The provisions of this Section shall not apply to the distribution of mail by the United States or to newspapers; except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property. 10-9-9 Handbills Depicting Certain Matter Prohibited. It shall be unlawful for any person to post, hand out, distribute or transmit any sign, or any handbill: ARTICLE 10-10 B. Premises shall be posted GATHERINGS with a notice as provided in this section LOUD OR UNRULY each time an unruly gathering occurs. In — Loud the event that premises are already 10-10-1 Definition Gathering subsequent Unlawful. posted at the time of the An unruly gathering is a posting,osting, the one hundred twenty day gathering of five (5) orpersons moreon period from the date of the existing including property postingshall be extended to one hundred any private property, i g y p p of the business, in a manner twenty days from the date used to conduct which causes a disturbance of the quiet subsequent posting. Once premises are enjoyment of private or publicproperty ro initially posted as a result of an unruly y by any person or persons, and shall be gathering and the conduct causing the disturbances include, gathering to be unruly has ceased, a unlawful. Such excessive noise or resumption of unruly behavior on the but are not limited to, public streets bypremises resulting in another police traffic, obstruction of drinking inpublic, response shall constitute a new and crowds or vehicles, dr g alcohol to minors or separate unruly gathering for the the service of consumption of alcohol by minors, purposes of this article. peace,disturbingthe and C. The owner, occupant, or littering. An unruly gathering may atherinbe tenant of the posted premises shall be abated by reasonable means including, responsible for ensuring that the notice is but not limited to, citation or arrest of not removed, moved, defaced or violators underpp applicable ordinances or concealed. The removal, movement, of a posted this one. defacement, or concealment state statutes, including notice shall be a civil infraction carrying 10-10-2 Notice of Unruly a penalty of a minimum mandatory two Gathering Posting.. hundred dollar ($200.00) fine, in A. The premises at which the addition to any other penalties which occurs shall be posted may be imposed under this article. The unruly gathering with a notice stating that the intervention owner, occupant or tenant of the of the police has been necessitated by premises or sponsor of the event the occurrence of an gathering unruly at constituting the unruly gathering, if The notice shall state the present,the premises. shall be consulted as to the date of the police intervention, and that location in which such notice is posted gathering any subsequent unrulyatherin on the in order to achieve the security of the same premises within a one hundred and notice and to provide for its prominent twenty (120) day period shall result in display. liability for thepenalties provided for in D. An owner, occupant or liab y this article. Parties liable include any tenant of the posted premises may persons in attendance causingthe contest the posting of the notice by filing gathering to be unruly, or any owner, a written application for hearing with the occupant or tenant of the premises at Oro Valley Magistrate Court requeting which the unruly gathering atherin occurred, or that the court determine whether any sponsor of the event constitutingthe justification existed for posting of the unruly gathering., notice under the provisions of this article. The application shall be filed within ten (10) days after the initial twenty-day period shall be a civil notice, or, if the notice is infraction. The following parties, if posting of the . mail, within ten (10) da s after found responsible for such an infraction, given by Y mailing the notice, and in no shall be liable for the penalties provided circumstances thereafter. The court shall for in Section 10-10-5. set a time and ate for a hearingto be held 1. The owner of the property y (30)not later than thirtda s after where the unruly gathering occurred, Y receipt application t of the written a lication for a provided that notification of posting was hearingand shall notify both the mailed to the owner of the property as . applicant and the townprosecutor's provided for in Section 10-10-3, and that officehearing of the date. At the the unruly gathering occurred not less the Town shall prove by a than two (2) weeks after the mailing of hearing, preponderance of the evidence that the such notification. postingof the notice was justified 2. The owner, occupant or pursuant to the provisions of this article. tenant of the property where the unruly gathering occurred. 10-10-3 Notification of Property 3. The person or persons Owner. who organized or sponsored the event Notification of the posting of the constituting the unruly gathering. notice of the unruly gathering shall be 4. Any person in attendance mailed to any property owner at the at the unruly gathering who engaged in address shown on the Pima County any conduct causing the gathering to be property tax assessment records. The unruly. notification shall advise the property Nothing in this Section shall be owner that anysubsequent unruly construed to impose liability on the gathering within one hundred and twenty owner, occupant or tenant of the (120) days s on the same premises shall premises or sponsor of the event result in liability of the property owner constituting the unruly gathering, for the for all applicable penalties as provided in conduct of the persons who are in this article. Notification shall be made attendance without the express or by certified mail. The return receipt implied consent of the owner, occupant, shall bep rima facie evidence of service tenant or sponsor, as long as the owner, for courtg roceedin s. The owner of the occupant, tenant or sponsor has taken all p property also be notified by steps reasonably necessary to exclude p Y ma Y telephone and will be documented once the uninvited persons from the premises. individual contact with the owner has Where an invited person engages in been made and the owner notified of the unlawful conduct which the owner, unruly gathering and posting. occupant, tenant or sponsor could not reasonably foresee and could not 10-10-4 Subsequent Unruly reasonably control without the g Gatherin a Civil intervention of the police, the unlawful Infraction; Parties conduct of the person shall not be Liable. attributable to the owner, occupant, The occurrence of an unruly tenant, or sponsor for the purposes of gathering on the same premises more determining liability under this Section. than once in any one hundred and 10-10-5 Penalty. The penalty for a party found responsible for the occurrence of a subsequent unruly gathering, as provided in Section 10-10-4, shall be a minimum mandatory fine of five hundred dollars ($500.00) for a first violation, a minimum mandatory fine of one thousand dollars ($1,000.00) for a second violation, and minimum mandatory fines of one thousand five hundred dollars ($1,500.00) for the third or each subsequent violation thereafter. The civil fines provided herein shall be in addition to any other penalties imposed by law for particular violations of the law committed during the course of an unruly gathering. The court may also enter an order of abatement against a party found responsible for a violation of this article. 10-10-6 Enforcement. The police department is authorized to enforce the provisions of this article provided that enforcement is initiated by a complaint from a member of the public. The complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible. � ARTICLE 10-11 signals, hydrants, mailboxes and similar NEWSRACK appurtenances, and access to locations used for public transportation purposes; 4. 10-11-1 Intent and PurposeReduce visual blight ontect the 10-11-2 Definitions the public rights-of-way, pro 10-11-3 Newsracks Prohibited aesthetics and value of surrounding 10-11-4 Permit Required properties, and protect the quiet of p 10pp -11-5 Application for Permit residential areas; 10-11-6 Conditions for Permit ermit 5. Reduce exposure of the 10-11-7 Hold Harmless town to personal injury or property k Identification damage claims and litigation; and 10-11 8 Newsrack Required 6. Protect the right ht to 10-11-9 Location, Placement distribute information protected by the and Number of United States and Arizona Constitutions Newsracks through the use of newsracks. 10-11-10 Standards for B. Preservation of Maintenance and Constitutional rights. It is not the intent Installation of this Code in any way to discriminate 10-11-11 Display of Certain against, regulate or interfere with the Matter Prohibited publication, circulation, distribution or 10-11-12 Violations dissemination of any printed material 10-11-13 Appeals that is constitutionally protected. 10-11-14 Abandonment 10-11-2 Definitions. 10-11-1 Purpose. As used in this Code, unless the A. Purpose. The provisions rovisions context otherwise clearly indicates: and prohibitions hereinafter contained A. Block means one (1) side and enactedarein pursuance of and for of a street between two (2) consecutive thep �u ose of securing and promoting interacting streets. moralsand general B. Distributor means the the public health, welfare of persons in the Town of Oro person responsible for placing and Valley in their userights-of-public ri hts-of- maintaining a newsrack in a public right- ways through the regulation of of-way. placement, appearance, number, size and C. Explicit sexual acts of newsracks on the public means depictions of sexual intercourse, servicing rights-of-ways so as to: oral copulation, anal intercourse, oral- 1. Providepedestrian for anal copulation, bestiality, sadism, 'n safetyand convenience; masochism, or excretory functions in and driving 2. Ensure no unreasonable conjunction with sexual activity, Interference with the flow of pedestrian masturbation, or lewd exhibition of or vehicular n traffic, includingingress to, genitals; whether any of the above �' or egress from, place of business or conduct is depicted or described as being any from the street theto sidewalk; performed alone or between members of 3. Provide reasonable access the same or opposite sex or between for the use and maintenance of humans and animals, or other acts of sidewalks, poles, posts, traffic signs and sexual arousal involving any physical contact with a person's genitals, pubic 2. It depicts, describes or hair,perineum, anus or anal region. represents in a patently offensive D. Newsrack means anyself- manner, sexual behavior as defined in service or coin-operated box, container, Section 1; and p storage unit or other dispenser installed, 3. It lacks serious literary, maintained for the display and artistic, political or scientific value when used, or p Y sale of newspapers or other news the publication or material is considered periodicals. as a whole. E. Obscene means material I. Public Works Director p which depicts or describes sexual refers to the Public Works Director or conductobjectionable is or the designee of the Public Works offensive to accepted standards of Director. person,g which the average J. Roadway means that contemporary community portion of a street improved, designed, applying p Y standards would find, taken as a whole, or ordinarily used for vehicular travel. to prurient interests; or material K. Sexual arousal, appeals which depicts or describes, in a patently gratification or affront when used in this offensive wa sexual conduct Code to state the purpose or effect of o ffe y, specifically ecificall defined by applicable State statements, words, pictures or law, and taken as a whole, lacks serious illustrations means depictions of the literary, artistic, political or scientific following subjects or acts: value. 1. Sexual intercourse, oral F. Parkwaymeans the area copulation, anal intercourse, oral-anal between the sidewalk and the curb of contact, bestiality, direct physical any street, and where there is no stimulation of genitals, flagellation or sidewalk, the area between the edge of torture in the context of a sexual the roadway and the property line relationship, or any of the following adjacent thereto. Parkway shall also depicted sexually oriented acts or include any area within a roadway that is conduct: anilingus, buggery, not open to vehicular travel. coprolagnia, coprophagy, coprophilia, G. Person means any person cunnilingus, fellatio, necrophilia, orersons� or entity including, but not pederasty, pedophilia, piquerism, p limited to, a corporation, partnership, sapphism, zooerasty; or unincorporated association or joint 2. Human genitals in a state venture. of sexual stimulation, arousal, or H. Pictorial material means tumescence; or any material suggesting or conveying a 3. Use of human or animal visual image, and includes, but is not masturbation, sodomy, oral copulation, limited to, a photograph, painting or coitus, ejaculation; or Any pictorial. material is 4. Fondling or touching of`obscene" if all of the following apply: human genitals,pubic region, buttock, or 1. The average person, female breast; or applying contemporary n contem orary community 5. Masochism, erotic or standards, would find that it appeals to sexually-oriented torture, beating or the prurient interests when the publication or infliction of pain; or material is considered as a whole; and f 6. Erotic or lewd touching, projects onto, into, or which rests, fondling or other contact with an animal wholly or in part, upon the roadway of by a human being; or any public street. 7. Human excretion, B. No person shall install, urination, menstruation, vaginal inal or anal use, or maintain any newsrack which in g irrigation. whole or in part rests upon, in, or over L. Sexual behavior means any public sidewalk or parkway: the patently offensive representation, 1. When such installation, or depiction description of any of the use, or maintenance endangers the safety p following: of persons or property; 1. Ultimate sexual acts, 2. When such site or actual or simulated, including vaginal location is used for public utility intercourse between a male and a purposes, roadside right-of-way public female, and anal intercourse, fellatio and transportation purposes, or other cunnilingus between persons regardless governmental use; ofg ender. 3. When such newsrack 2. Masturbation, excretory unreasonably interferes with or impedes functions and lewd exhibition of the the flow of pedestrian or vehicular genitals. traffic, including parked or stopped 3. The actual or simulated vehicles; the ingress in or egress from infliction ofp ain by one individual upon any residence or place of business; the another, or by an individual upon use of poles, posts, traffic signs or himself, for the purpose of the sexual signals, hydrants, mailboxes, or other gratification or release of either objects permitted at or near said individual, as a result of flagellation, location; beating, striking or touching of an 4. When such newsrack erogenous zone, including without interferes with the cleaning of any limitation the thigh, genitals, buttock, sidewalk by the use of mechanical pubic region, or, if such person is a sidewalk cleaning machinery; or female, a breast. 5. In any other manner 4. Ultimate sexual acts, inconsistent with or in violation of the actual or simulated, between a human provisions of this Code. being and an animal. M. Sidewalk means any 10-11-4 Permit Required. surfacep rovided or the exclusive use of It shall be unlawful for any pedestrians. person, firm or corporation to erect,N. Street means all the area place, maintain or operate on any public dedicated to public use for public street street or sidewalk, or in any other public purposes and shall include, but not be way or place, in the Town of Oro Valley limited to, roadways, parkways, alleys any newsrack without first having and sidewalks. obtained a permit from the Public Works Director specifying the exact location of such newsrack. One permit may be 10-11-3 Newsracks Prohibited. issued to include any number of A. No person shall install, newsracks, and shall be signed by the use, or maintain any newsrack which applicant. 10-11-7 Hold Harmless. 10-11-5 Application for Permit. Every owner of a newsrack who A. Application for such places or maintains a newsrack on a permit shall be made, in writing, to the public sidewalk or parkway in the Town Public Works Directorp upon such form of Oro Valley shall file a written as shall be provided by him, and shall statement with the Public Works contain the name and address of the Director in a form satisfactory to the proposed specific location Town Attorney, whereby such owner applicant, the p of said newsrack, andgnby indemnify shall be signed agrees to and hold harmless the applicant. the Town, its officers, and employees, B. From the above from any loss, liability, or damage, informationbodily the Public including expenses and costs, for bo y Director shall approve the or personal pp injury, and for property locations. He shall be guided therein damage sustained by any person as a solely by the standards and criteria set result of the installation, use and/or forth in this Code. In anycase where the maintenance of a newsrack within the Public Works Director disapproves of a Town of Oro Valley. particular location, such disapproval prejudice shall be without to the 10-11-8 Newsrack Identification registrant designating a different location Required. g � or locations. Every person who places or maintains a newsrack on the streets of 10-11-6 Conditions for Permit. the Town of Oro Valley shall have his A. Permits shall be issued permit number, name, address, and for the installation of a newsrack or telephone number affixed to the priorinspection without ins ection of newsrack in a place where such the location but such newsrack or information may be easily seen. Prior to newsracks and the installation, use or the designation of location by the Public maintenance thereof shall be conditioned Works Director under Section 10-11-9 upon observance of the provisions of this herein, the registrant shall present Code. Permits shall be issued within evidence of compliance with this twenty-four (24) hours (excluding Section. Saturday, Sunday and legal holidays) after the application has been filed. A 10-11-9 Location, Placement, permit fee of ten dollars ($10.00) shall and Number of be required. This feel shall only cover Newsracks. the expense (including staff time) of A. Any newsrack which processing paperwork.the a . The above fee rests in whole or in part upon, or on any p is based on these expenses. portion of a public right-of-way or which B. Suchp ermits shall be projects onto, into, or over any part of a (3)valid for three years and shall be public right-of-way shall be located in renewablepursuant to the procedure for accordance with the following pp original applications referred to in provisions of this Section: Sectionupon 10-11-5 and payment of 1. No newsrack shall be p Ym the ten dollar permit fee. used or maintained which projects onto, ($10.00) into, or over any part of the roadway of any public street, or which rests, wholly (ix) Within one hundred (100) or in part upon, along, or over any feet of any other newsrack on the same portion of the roadway of any public side of the street in the same block street. containing the same issue or edition of 2. No newsrack shall be the same publication. chained, bolted, or otherwise attached to (x) On any access ramp for any fixture located in the public right-of- disabled persons. way, except to other newsracks. (xi) Within three (3) feet of 3. Newsracks may be placed any pole for a street light, telephone next to each other, provided that no poles, etc. group of newsracks shall extend for a 5. No more than eight (8) distance of more than eight (8) feet newsracks shall be located on any public along a curb, and a space of not less than right-of-way within a space of two three (3) feet shall separate each group hundred (200) feet in any direction of newsracks. within the same block of the same street; 4. No newsrack shall be provided, however, that no more than placed, installed, used or maintained: sixteen (16) newsracks shall be allowed (i) Within five (5) feet of on any one block. In determining which any marked crosswalk; newsracks shall be permitted to be (ii) Within fifteen (15) feet of located or to remain if already in place, the curb return of any unmarked the Public Works Director shall be crosswalk. guided solely by the following criteria: (iii) Within five (5) feet of (i) First priority shall be any fire hydrant, fire call box or other daily publications (published five (5) o emergency facility. more days per week). (iv) Within five (5) feet of (ii) Second priority shall be any driveway. publications published two (2) to four (v) Within three (3) feet (4) days per week. ahead or twenty-five (25) feet to the rear (iii) Third priority shall be of any sign marking a designated bus publications published one (1) day per stop. week. (vi) Within five (5) feet of the (iv) Fourth priority shall be outer end of any bus bench. publications published less than one (1) (vii) At any location whereby day per week. the clear space for the passageway of pedestrians is reduced to less than six (6) 10-11-10 Standards for fee. Maintenance and (viii) Within three (3) feet of or Installation. on any public area improved with lawn, Any newsrack which in whole or flowers, shrubs, trees or other in part rests upon, in or over any public landscaping, or within three (3) feet of sidewalk or parkway, shall comply with any display window or any building the following standards: abutting the sidewalk or parkway or in A. No newsrack shall exceed such a manner as to impede or interfere five (5) feet in height, thirty(3) inches in with the reasonable use of such window width, or two (2) feet in thickness. for display purposes. B. No newsrack shall be the opaque material should not have used for advertising signs or publicity visible tears or openings; purposes other than that dealingwith the 5. The paper or cardboard sale, or purchase of the parts or inserts thereof are reasonably display, periodical or er newspap sold free of tears,peeling or fading; and therein. 6. The structural parts C. Each newsrack shall be thereof are not broken, dented or unduly equipped with a coin-return mechanism misshapen. to permit a person using the machine to secure an immediate refund in the event 10-11-11 Display of Certain thep erson is unable to receive the paid Matter Prohibited. forp ublication. The coin-return Publications offered for sale from mechanism shall be maintained in good newsracks, placed or maintained on or working order. projecting over the street or sidewalk, D. Each newsrack shall have shall not be displayed or exhibited in a affixed to it in a readily visible place so manner which exposes to public view as to be seen by anyone using the from the street or sidewalk any of the newsrack, a notice setting forth the name following: and address of the distributor and the A. Any publication or telephone number of a working material which exposes to public view telephone service to call to report a any pictorial material that is obscene; malfunction, or to secure a refund in the B. Any statements or words event of a malfunction of the coin-return describing explicit sexual acts, sexual mechanism, or to give the notices organs, or excrement where such provided for in this Code. statements or words have as their E. Each newsrack shall be purpose or effect sexual interest and maintained in a neat and clean condition arousal, gratification or affront; and ing ood repair at all times. C. Any picture or illustration Specifically, but without limiting the depicting explicit sexual acts as defined generality of the foregoing, each in this Code where such picture or newsrack shall be serviced and illustration has as its purpose or effect maintained so that: sexual interest and arousal, gratification 1. It is reasonably free of or affront; or dirt andg rease; D. Any picture or illustration 2. It is reasonably free of depicting explicit sexual acts as defined chipped, faded, peeling and cracked in this Code where such picture or paint in the visible painted areas thereof; illustration has as its purpose or effect 3. It is reasonably free of sexual interest and arousal, gratification rust and corrosion in the visible or affront. unpainted metal areas thereon; 4. The clear plastic or glass 10-1-12 Violations. parts thereof, if any, through which the Upon determination by the publications therein are viewed are Public Works Director that a newsrack unbroken and reasonably free of cracks, has been installed, used or maintained in dents, blemishes and discolorations; or, violation of the provisions of this Code, an order to correct the offending condition shall be issued to the receipt of notice of any protested distributor of the newsrack. Such order decision or action by filing with the shall be telephoned to the distributor and Office of the Town Clerk a letter of confirmed by mailing a copy of the order appeal briefly stating therein the basis by certified mail return receipt for such appeal. A hearing shall be held requested. The order shall specifically on a date note more than ten (10) days describe the offending condition, suggest after receipt of the letter of appeal. The actions necessaryto correct the appellant shall be given at least five (5) condition, and inform the newsrack days notice of the time and place of the distributor of the right to appeal. Failure hearing. The Appeals Board shall give toro erl correct the offending the appellant, and any other interested p p Y condition within five (5) days (excluding party, a reasonable opportunity to be Saturdays, Sundays, and legal holidays) heard, in order to show cause why the after the mailing date of the order or to determination of the Public Works appeal the order within three (3) days Director should not be upheld. At the after its receipt shall result in the conclusion of the hearing, the Appeals offending newsrack being summarily Board shall make a final and conclusive removed and processed as unclaimed decision. This decision shall be property. If the offending newsrack is immediately appealable to a court of not properly identified as to owner under competent jurisdiction. the provisions of Section 10-11-8 hereof, it shall be removed immediately and 10-11-14 Abandonment. processed as unclaimed property. An In the event that a newsrack impound fee, which shall be measured remains empty for a period of thirty (30) by the Town's cost and expense of continuous days, the same shall be impounding, shall be assessed against deemed abandoned, and may be treated each newsrack summarily removed. The in the manner as provided in Section 10- Public Works Director shall cause 11-12 for newsracks in violation of the inspection to be made of the corrected provisions of this Code. condition or of a newsrack reinstalled after removed under this Section. The distributor of said newsrack shall be charged a dollar inspection fee for each newsrack so inspected. This charge shall be in addition to all other fees and charges required pursuant to this Code. 10-11-13 Appeals. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Code may appeal and shall be appraised of his right to appeal to the Town's Appeals Board. An appeal must be perfected within three (3) days after t ARTICLE 10-12 E. Person means any person, PARADE AND PUBLIC ASSEMBLY firm, partnership, association, corporation, company or organization of any kind. 10-12-1 Definitions F. Public assembly means 10-12-2 Permit Required any meeting, demonstration, picket line, 10-12-3 Exceptions rally or gathering of more than twenty 10-12-4 Application (20) persons for a common purpose as a 10-12-5 Fees result of prior planning that interferes 10-12-6 Police Protection with the normal flow or regulation of 10-12-7 Standards for Issuance pedestrian or vehicular traffic or 10-12-8 Non-discrimination occupies any public area in a place open 10-12-9 Notice of Denial of to the general public. Application G. Sidewalk is any area or 10-12-10 Alternative Permit way set aside or open to the general 10-12-11 Appeal Procedure public for purposes of pedestrian traffic, 10-12-12 Notice to Town and whether or not it is paved. Other Officials H. Street is any place or way 10-12-13 Contents of Permit set aside or open to the general public 10-12-14 Duties of Permittee for purposes of vehicular traffic, 10-12-15 Prohibitions including any berm or shoulder parkway, 10-12-16 Public Conduct During right-of-way, or median trip thereof. Parades or Public Assemblies 10-12-2 Permit Required. 10-12-17 Revocation of Permit This Code shall not apply to the 10-12-18 Penalty following: A. Funeral Processions; 10-12-1 Definitions. B. Students going to and A. Chief of Police means the from school classes or participating in Chief of Police of the Town of Oro educational activities, provided that such Valley. conduct is under the immediate direction B. Town means the Town of and supervision of the proper school Oro Valley. authorities; C. Parade means any march, C. A governmental agency demonstration, procession or motorcade acting within the scope of its functions; consisting of persons, animals, or and vehicles or a combination thereof upon D. Spontaneous events the streets, parks or other public grounds occasioned by news or affairs coming within the Town with an intent to attract into public knowledge within two (2) public attention that interferes with the days of such public assembly, provided normal flow or regulation of traffic upon that the organizer thereof gives written the streets, parks or other public notice to the Town at least twenty-four grounds. (24) hours prior to such parade or public D. Parade or public assembly. assembly permit means a permit as required by this Code. 10-12-4 Application. 2. The names, addresses and A. A person seekinga telephone numbers of the headquarters parade or general assembly permit shall of the organization for which the parade with the Chief of or public assembly is to be conducted, if file an application Police on forms provided bysuch officer any, and the authorized and responsible the application shall be signed by heads of the organization; and pp the applicant under oath. 3. The requested date of the B. For single, non-recurring parade or public assembly; public assemblies, an 4. The route to be traveled, parades or p permit shall be filed including the starting point and the application for a with the Chief of Police at least ten (10) termination point; not more than one hundred 5. The approximate number days and . before theparade or of persons who, and animals and eighty (180) days public assembly proposed is to vehicles which will constitute such commence. The Chief of Police may parade or public assembly and the type minimum ten (10) filing of animals and description of the waive the day period and accept an application filed vehicles; period eriod if, after due 6. The hours when such within a consideration of the date, time, place and parade or public assembly will start and nature of the parade or public assembly, terminate; number of participants, 7. A statement as to whether theanticipated Town services required in the parade or public assembly will and the q connection with the event, the Chief of occupy all or only a portion of the width Police determines that the waiver will of the streets proposed to be traversed; present a hazard to public safety. 8. The location by street of not C. Forp arades or public an assembly area for such parade or assemblies held on a regular or recurring public assembly; basisPP at the same location, an application 9. The time at which unites for a parades permitcoveringall such or of the parade or public assembly will assemblies during that calendar year begin to assemble at any such area; maybe filed with the Chief of Police at 10. The intervals of space to y (60)least sixtda s and not more than be maintained between units of such y one hundred eighty (180) days before the parade or public assembly; date and time at which the first such 11. If the parade or public parade or public assemblyis proposed to assembly is designed to be held by, or on commence. The Chief of Police may behalf of, any person other than the waive the minimum sixty (60) day applicant, the applicant for such permit period after due consideration of the shall file a letter from that person with factors specified in subsection B above. the Chief of Police authorizing the D. The application for applicant to apply for the permit on his parade or public assembly permit shall behalf; set forth the followinginformation: 12. The type of public 1. The name, addresses and assembly, including a description of telephone number of the person seeking activities planned during the event; to conduct such aP arade or public 13. A description of any assembly;; recording equipment, sound amplification equipment, banners, signs, detour or preempt citizen travel and use or otherattention-getting attention- ettin devices to be of the street and sidewalks. The speech in connection with the parade or content of the event shall not be a factor used y, public assembly; in determining the amount of police 14. The approximate number protection necessary. If possible, of participants (spectators are by without disruption of ordinary police definition not ) artici ants ; services or compromise of public safety, p p 15. The approximate number regularly scheduled on-duty personnel pp of spectators; will police the event. If the Chief of 16. A designation of any Police deems additional police public facilities or equipment to be protection for the public assembly utilized; and necessary, he shall so inform the 17. Any additional facts that applicant for the permit. The applicant the Chief of Police finds reasonably then shall have the duty to secure the necessary to a fair determination as to police protection deemed necessary by whether ap ermit should issue. the Chief of Police at the sole expense of the applicant. 19-12-5 Fees. B. Persons engaging in A. A non-refundable fee of parades or public assemblies conducted twenty dollars ($20.00) to cover for the sole purpose of public issue administrative costs of processing the speech protected under the First permit shall be paid to the Town of Oro Amendment are not required to pay for Valley by the applicant when the any police protection provided by the application is filed. Town. B. If the application is for the use of any Town property or if any 10-12-7 Standards for Issuance. Town services shall be required for the A. The Chief of Police shall parade or public assembly, the applicant issue a permit as provided herein when, shallp ay, prior to the issuance of a from a consideration of the application permit, the charges for those services in and from such other information as may accordance with a schedule of service otherwise be obtained, he finds that: costs approved by the Town Council by 1. The conduct of the parade resolution. or public assembly will not substantially interrupt the safe and orderly movement 10-12-6 Police Protection. of other pedestrian or vehicular traffic A. The Chief of Police shall contiguous to its route or location; determine whether and to what extent 2. The conduct of the parade additional police protection is reasonably of public assembly will not require the necessary for the parade or public diversion of so great a number of Town assembly for traffic control and public police officers to properly police the line safety. The Chief of Police shall base of movement and the areas contiguous this decision on the size, location, thereto as to prevent normal police duration, time and date of the event, the protection of the Town; expected sale or service of alcoholic 3. The concentration of beverages, the number of streets and persons, animals, and vehicles at public intersections blocked, and the need to assembly points of the parade or public . assembly will not unduly interfere with subsequent proposed application, the proper fire and police protection of, or resulting deploying of police services g ambulance service to, areas contiguous would have an immediate and adverse to such public assembly area. effect upon the welfare and safety of The conduct of the parade persons and property; and 4. reasonably public assembly is not 12. No event is scheduled persons to cause injury to or elsewhere in the Town where the police property; resources required for that event are so parade orpublic great that the deployment of police 5. The assembly is scheduled to move from its services for the proposed parade or point of origin to its of termination public assembly would have an expeditiously and without reasonable immediate and adverse effect upon the delays en route. welfare and safety of persons and 6. Adequate sanitation and property. other required health facilities are or will B. No permit shall be be made availableadjacentany in or ' to granted that allows for the erection or public assembly areas; placement of any structure, whether 7. There are sufficient permanent or temporary, on a Town near the site of the parade street, sidewalk, or right-of-way unless parking places or public assemblyto accommodate the advance approval for the erection or number of vehicles reasonably 1 s expected; placement of the structure is obtained 8. The applicant has secured from the Town Council. the police protection, if any, required under Section 10-12-6. 10-12-8 Non-Discrimination. 9. Suchparadeor public The Chief of Police shall is not for the primarypurpose uniformly consider each application assembly . advertising anyproduct, goods or upon its merits and shall not discriminate of adv g event that is primarily private rivate p rofit, in granting or denying permits under this e itself is not primarilyfor Code based upon political, religious, and the parade prohibition The against ethnic, race, disability, sexual orientation advertising any product, goods or event or gender related grounds. shall not apply to signs identifying organizations or sponsors furnishing or 10-12-9 Notice of Denial of sponsoring exhibits or structures used in Application. p g the parade. The Chief of Police shall act paradeor No public promptly upon a timely filed application 10. assembly permitapplication a lication for the same for a parade or public assembly permit time and granted location is already or but in no event shall grant or deny a received and will begranted. permit less than forty-eight (48) hours has been . Noparade orpublic prior to the event. If the Chief of Police 11.assembly permitpp application for the same disapproves the application, he shall time but location is already granted or notify the applicant either by personal received and will be granted, delivery or certified mail at least forty- andhas been police resources required for that eight (48) hours prior to the event of his theq prior paradeor publicassembly are so action and state the reasons for denial. great that in combination with the 10-12-10 Alternative Permit. D. The Director of the A. The Chief of Police, in Department of Public Works; g an application denying a lication for a parade or E. The Postmaster; and public assembly permit, may authorize F. The manager or the conduct of thearade or public responsible head of each public p assembly at a date, time, location, or transportation utility, the regular routes route different from that named by the of whose vehicles will be affected by the applicant. An applicant desiring to route of the proposed parade or public pp pp accept an alternate permit shall, within assembly. five (5) days after notice of the action of the Chief of Police, file a written notice 10-12-13 Contents or Permit. of acceptance with the Chief of Police. Each parade or public assembly p B. An alternate parade or permit shall state the following public assembly permit shall conform to information: the requirements of, and shall have the A. Starting and approximate effect of, a parade or public assembly ending time; permit issued under this Code. B. Minimum speed of parade units; 10-12-11 Appeal Procedure. C. Maximum speed of A. Any applicant shall have parade units; the right to appeal the denial of a parade D. Maximum interval of orp ublic assembly permit to the Town space to be maintained between parade Council. The denied applicant shall units; make the appeal within five (5) days E. The portions of the streets after receipt of the denial by filing a that may be occupied by the parade or written notice with the Chief of Police public assembly; and a copy of the notice with the Town F. The maximum length of Clerk. The Town Council shall act upon the parade in miles or fractions thereof; the appeal at the next scheduled meeting and following receipt of the notice of appeal. G. Such other information as B. In the event that the the Chief of Police shall find necessary Town Council rejects an applicant's to the enforcement of this Code. appeal, the applicant may file an immediate request for review with a 10-12-14 Duties of Permittee. court of competent jurisdiction. A. A permittee hereunder shall comply with all permit directions 10-12-12 Notice to Town and and conditions and with all applicable Other Officials. laws and ordinances. Immediately upon the issuance of B. The parade or public a parade or public assembly permit, the assembly chairman or other person Chief of Police shall send a copy thereof heading such activity shall carry the to the following: parade or public assembly permit upon A. The Mayor and Town his person during the conduct of the Manager; parade or public assembly. B. The Town Attorney; C. The Fire Marshall; 10-12-15 Prohibitions. notice is constructed or made of a cloth, The following prohibitions shall paper, or cardboard material; apply 1 to all parades and public G. It shall be unlawful for assemblies: any person participating in a parade or A. It shall be unlawful for public assembly to utilize sound any pstage,to sta e, present, or conduct amplification equipment at decibel levels any por public ublic assembly without that exceed those limits imposed by first having obtained a permit as herein Town Code 10-1-4; provided; H. It shall be unlawful for B. It shall be unlawful for any person to ride, drive, or cause to be anyperson to participate in a parade or ridden or driven by any animal or any public assembly for which the person animal-drawn vehicle upon any public knows ap ermit has not been granted; street, unless specifically authorized by C. It shall be unlawful for the permit. any person in charge of, or responsible for the conduct of, a duly licensed 10-12-16 Public Conduct During parade or public assembly to knowingly Parades or Public fail to comply with any condition of the Assemblies. permit; A. No person shall D. It shall be unlawful for unreasonably hamper, obstruct or any person to engage in any parade or impede, or interfere with any parade or public assemblyactivity that would public assembly or with any person, constitute a substantial hazard to the vehicle or animal participating or used in public safety or that would materially a parade or public assembly. interfere with or endanger the public B. No driver of a vehicle peace or rights or residents to the quiet shall drive between the vehicles or and peaceful enjoyment of their persons comprising a parade or public property; assembly when such vehicles or persons E. It shall be unlawful for are in motion and are conspicuously any person participating in any parade or designated as a parade or public public assembly to carry or possess any assembly. length of metal, lumber, wood, or similar C. The Chief of Police shall material for purposes of displaying a have the authority, when reasonably sign, poster, plaque or notice, unless necessary, to prohibit or restrict the such object is one-fourth inches (1/4") or parking of vehicles along a street less in thickness and two inches (2") or constituting a part of the route of a less in width, or if not generally parade or public assembly. The Chief of rectangular in shape, such object shall Police shall post signs to that effect, and not exceed three-fourths inches (3/4"} in it shall be unlawful for any person to its thickest dimension. park of leave unattended any vehicle in F. It shall be unlawful for violation thereof. No person shall be any person to carry any sign, poster, liable to parking on a street unposted in plaque, or notice, whether or not violation of this Code. mounted on a length of material as specified in subsection E of this Section, unless such sign, poster, plaque, or A 10-12-17 Revocation of Permit. The Chief of Police shall have the authority to revoke a parade or public assembly permit instantly upon violation of the conditions or standards for issuance as set forth in this Code or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property. 10-12-18 For Penalty Provision; See Section 10-1-23. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Robert Conant, Planner II SUBJECT: PUBLIC HEARING— ORDINANCE (0) 02-08 , OV7-00-02 AMENDING CHAPTER 11 OFF-STREET PARKING AND OFF-STREET LOADING BY DELETING SAID CHAPTER IN ITS ENTIRETY, INSERTING A NEW CHAPTER 27 DEVELOPMENT REGULATIONS SECTION 27.6 OFF-STREET PARKING AND 27.7 OFF-STRET LOADING, AMENDING ALL REFERENCES TO CHAPTER 11, AMENDING CHAPTER 2 DEFINITIONS, AMENDING CHAPTER 9 CONDITIONAL USE REGULATIONS, AND AMENDING ARTICLE 16-1 DESIGN GUIDELINES BACKGROUND: Staff proposes the amendment for the following reasons: • To reduce the number of categories for parking ratios. The current code has 53 categories; the amendment proposes 20 categories. Remove from the Parking Code all detail standards relating to landscape and lighting. These standards will be amended and placed within the Landscape and Lighting Codes. • Develop criteria for shared parking. (Multiple uses share the same parking to reduce the total number of parking spaces). • Develop an Alternative Compliance Section, which will allow a proponent to propose an alternative to the standard parking requirements that improve the parking/design. • Develop better design and improvement standards for parking lots. SUMMARY: Size of Parking Lots: Thep roposed code uses standards that are ratios of parking spaces to square footage of building. To help eliminate the "great seas" of parking that are typical of suburban shopping centers staff proposes maximums to these ratios (the current code provides minimums). Visibility of Parking Lots: In several jurisdictions such as Fort Collins, Colorado and Scottsdale, Arizona, a growing practice is to try and place the building(s) closer to the street with parking on the sides and to the rear. The point of this is to reduce the visual dominance of the parking areas, to create an environment which is more "friendly"to the pedestrian distributed parking reduces walking distances), and to encourage the public use of the backs of buildings so they are better designed. Based on the above, the parking code requires "No more than fifty(50%) percent of the off-street parking area be located in front yard (see definition front yard OVZCR Chapter 2). TOWN OF ORO VALLEY ( OUNCIL COMMUNICATION Page 2 of 4 This can be accomplished in both large and small developments. Examples are provided below; • Shopping malls generally have parking on all four sides with multiple entrances. Loading zones are integrated into the design of the building in such a manner that they do not interfere with vehicle or pedestrian traffic. • If the retail development that is only a single building can distribute parking to least one side of the building as in the front, thus providing two other sides for drive in windows or service vehicles. Alternative Compliance: The proposed code also includes an alternative section(Section 27.6.C.2) which can be implemented where the applicant can present a creative parking design that is equal to or better than what is required by the code. Staff is aware that"one size fits all" is not the best rational for parking lot design. This alternative is suitable for unique situations and to foster positive design. Parking Lot Layout: The most efficient use of space is obtained when parking stalls are laid out perpendicular to the aisle(90 'agrees). This plan provides more stalls per 100 linear feet and permits parking and unparking in either ..erection. Angled parking yields fewer stalls for a given length of parking(7 per 100 linear feet at 45 degrees) and permits parking and unparking in one direction only. However, angle parking uses a smaller aisle width because the traffic is in one direction and is more convenient to maneuver in and out of angled stalls; angled stalls also make it easier to spot empty spaces. Using the Foothills Mall as a comparison of 45 degree vs. 90- degree parking is shown in the table below. Parking Type Number of Spaces Aisle Width Parking Depth (1 space) 45 degree 151 20 feet 18 feet 90 degree 150 24 feet 20 feet The difference in the number of parking spaces as shown in the above table is negligible for most large parking areas. Staff is aware that all sites will not be able to park their projects with angled parking because of the lot size or topographic constraints. Table 27-1 of the Parking Code provides for alternative angled parking including 90 degrees. Design Guidelines: The following Design Guidelines will delete from Article 16-1 and inserted into the Parking Code Section 27.6.G Design and Improvement Standards: • Section 16103(F)(3)(a) Discourage loading and/or servicing between building and street unless approved by DRB. TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION Page 3 of 4 Most designs for loading areas becomes intergraded into the building and are screened as required by the Landscape Code; therefore, this item has over time become more than just a guideline and by inserting it into the code it becomes an absolute. • Section 16-103(F)(6)(e) Control speed by appropriate internal design(virus speed bumps). By inserting traffic calming measures in the code, it provides an opportunity for the Town and the applicant to build pedestrian friendly parking areas as opposed to going back after construction and building speed bumps etc. • Section 16-103(F)(6)(f) Consider decorative paving at major intersections, entries and other visually important locations. By requiring this item at the design stage of a project it will act as a traffic-calming device and add aesthetic features to the parking area. Most major commercial developers do this as a matter of course, because it creates safe passage for pedestrians into the project. • Section 16-103(F)(7)(a)Design pedestrian circulation systems in tentative development plans and preliminary plats to provide the space and alignment for walkways necessary to encourage pedestrian activity. In most commercial developments, this is considered up front and designed into the plan. Pedestrian circulation has become very important to most commercial developers because in some cases people do walk and/or ride bikes to the shopping center. The larger the development with more stores and the larger the parking area the more important it is to design pedestrian circulation from the parking areas to the center for convenience and safety. The following are considered design ideas but not neceearily a requirement; therefore, are to be inserted into Article 16-1 Design Guidelines: • Section 16-103(F)(4) new subsection(h) Encourage appropriate spacing for shopping cart bays. Most supermarkets and big boxes (Wal Mart, Target etc)provide space for shopping carts in parking areas, by writing this suggestion into the design guidelines it will give each applicant of at least large shopping centers where carts are used the incentive to provide such spaces. Planning and Zoning Commission Action: The Planning and Zoning Commission held a Public Hearing on the Parking Code on November 13, 2001, and on a 6-0 vote recommended that the Town Council adopt the amendment. `.ECOMMENDATION: The Planning and Zoning Commission and staff recommends that the Town Council adopt Ordinance (0) 02-0p OV7-00-02 amending Chapter 11 Off-Street Parking and Off-Street Loading by deleting said Chapter in its TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 4 of 4 p entirety and inserting a new Chapter 27 General Development Regulations Section 27.6 Off-Street Parking, and 27.7 Off-Street Loadingandamendingall references to Chapter 11, amend Chapter 2 Definitions, Chapter 9 Conditional Use Regulations, and amend Article 16-1 Design Guidelines all within the Oro Valley Zoning Code Revised. SUGGESTED MOTIONS: The Town Council may wish to consider one of the following suggested motions: adopt Ordinance (0) 02-08, OV7-00-02 amending Chapter 11 Off-Street Parking Off-Street Loading I move to p by deleting said Chapter in its entirety and inserting a new Chapter 27 General Development Regulations p Section 27-6 Off-street Parkingand 27.7 Off-Street Loading and amending all references to Chapter 11, amend Chapter 2 Definitions, Chapter 9 Conditional Use Regulations and amend Article 16-1 Design Guidelines all within the Oro Valley Zoning Code Revised. OR I move to deny the adoption of Ordinance (0) 02-08. kttachments: 1. Parking Code 2. Ordinance (0)02-08 6/17 Planning and Z• i n Administrator f ,fit nity D: - opment Director „ `.; own Man.•er ORDINANCE NO. (0) 02- 08 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 11 OFF-STREET PARKING AND OFF-STREET LOADING, CHAPTER 2 DEFINITIONS AND ARTICLE 16-1 DESIGN GUIDELINES; ESTABLISHING THESE AMENDMENTS AS PART OF THE TOWN OF ORO VALLEY ZONING CODE REVISED, AND FIXING THE EFFECTIVE DATE THEREOF;PRESERVING RIGHTS AND DUTIES THAT HAVE ALREADY BEEN ASSURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1: That Chapter 11 Off-Street Parking and Off-Street Loading of the Oro Valley Zoning Code Revised be deleted in its entirety and a new Chapter 27 General Development Regulations Section 27.6 Off-Street Parking and Section 27.7 Off-Street Loading be inserted in place thereof,to read as attached in Exhibit"A". Amendments to Article 16-1 Design Guidelines of the Oro Valley Zoning Code Revised,to read as attached in Exhibit"B". SECTION 2: All ordinances and parts of ordinances in conflict with provisions of this ordinance or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3: Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or anypart of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference does not affect the rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4: If any section, subsection, sentence, clause,phrase or portion of the ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 5: The effective date of this Ordinance shall be thirty(30) days following adoption by the Town Council. PASSED AND ADOPTED bythe Mayor and Council of the Town of Oro Valley, Arizona this 20th day of March, 2002. ATTTEST: Paul H. Loomis, Mayor: Kathryn Cuvelier,Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney CHAPTER 27 GENERAL DEVELOPMENT REGULATIONS ►SECTION 27.6 OFF-STREET PARKING A. Purpose q This section establishes requirements for vehicle and bicycle parking consistent with the objectives of the general plan and a balanced transportation system to promote public safety and environmental quality. These regulations are intended to: 1. Ensure sufficient off-street vehicle and bicycle parking facilities by establishing parking requirements for land uses. 2. Reduce the visual impact of mass"seas of parking"by distributing spaces around clusters of buildings. 3. Reduce excessive off-street parking by encouraging the shared use of vehicular use areas. 4. Promote pedestrian safety by separating vehicular use areas from pedestrian areas. 5. Encourage safe, convenient, and efficient design of parking spaces, circulation, and access areas. 6. Improve air quality by requiring paving of vehicular use areas. Promote the enhancement of the community identity and the appearance of Town roadways and development areas. 8. The Town of Oro Valley, in keeping with the Federal Clean Air Act,wishes to encourage the use of alternative transportation modes such as the bicycle. Reducing the number of vehicular parking spaces in favor of bicycle spaces parkings aces will help attain the standards of the Federal Clean Air Act,reduce impervious surfaces, and save on land and development costs. B. Applicability The provisions of this article apply to: 1. New Development. 2. New Uses Replacing Existing Uses: Whenever the use of an existing development is changed to a new use which requires more parking spaces under this section than were required for the prior use, additional parking spaces shall be provided in accordance with the requirements of this section. No occupancy permit shall be issued until the Planning and Zoning Administrator has approved the parking requirements for the new use 3. Expansions: All projects that propose 25%or more cumulative addition or structural modifications such as changes in square footage, gross floor area,building façade, etc. shall meet the requirements of this code for the entirep roperty. In addition, a 25%or more cumulative modification or replacement of parking spaces or parking lot area shall meet the requirements of this code. Off-Street Parking Page 2 �;. General Provisions 1. Parking Required for Uses Not listed: Required parking for uses not listed in this section shall be determined by the Planning and Zoning Administrator based on similar uses listed in this section. 2. Alternative Compliance: Upon written request by the applicant, the Development Review Board(DRB)may approve an alternative-parking ratio. a. Submittals: Alternative compliance parking ratio plans shall be prepared and submitted in accordance with the submittal requirements for Development Plans as set forth in the OVZCR Section 4-504(A)(1), (5), (10). (B) (1)through(11), (C) and(D). Each such plan shall clearly identify the modifications and alternatives proposed and the ways in which the plan will be equal to or better accomplish the purpose of this Section. The request for alternative compliance must be accompanied by either a traffic impact study containing a trip generation analysis or by other relevant data describing the peak parking requirements. b. Review Criteria: To approve an alternative plan,the DRB must find that the proposed alternative plan accomplishes the purpose of this Section equally well or better than the standards of this Section. The DRB shall consider: 1. The number of employees occupying the building or land use and the number of expected customers or clients. 2. The availability of nearby parking(if any). 3. The availability of shared parking with abutting, adjacent or surrounding land uses(if any). The provisions of purchased or leased parking spaces in a municipal or private parking lot meeting the requirements of the Town;trip reduction programs (if any). 4. Any other factors that may be unique to the applicant's development request. 5. Continuity and convenient proximity for pedestrians between or among existing or future uses in the vicinity. 6. Visual and aesthetic impact along the public street by placing parking lots to the rear or along side of buildings,to the maximum extent feasible. Visual and aesthetic impact of the surrounding neighborhood. 7. Impact on any facilities serving alternative modes of transportation. 8. Impact on natural areas or features. 9. Maintenance of mobility-impaired parking ratios. 0 0 Off-Street Parking Page 3 J. Multiple Principal Uses: Where there are multiple principal uses in a development, the sum of the number of P p spaces parkings aces required for the individual uses applies unless shared parking is approved per Section 27.6.D.4, Shared parking. 4 Maintenance: The property owner shall be responsible for maintaining any vehicular use area in good condition and free of refuse and debris. 5. Fractional Amounts: When the final result of the calculation of required vehicle or bicycle spaces results in a fractional number, a fraction is adjusted to the next higher whole number. 6. Areas that May Not be Used for Required Parking: Spaces in service bays, stacking areas, car wash bays at gasoline pumps or other hose locations, or those used for the storage or display of vehicles for sale or rent to the public are not considered off-street parking spaces. Off-street parking required by this chapter shall not be located within any public right-of-way. 7. Building Permits: No building permit shall be issued until the applicant has presented satisfactory evidence that sufficient property to provide parking to serve the intended use as required in this Chapter is permanently available 8. Control of Parking Lots: Property used for parking shall be under the same ownership as and contiguous to the generating use. When the property is not under the same ownership as the generating use or is not contiguous to the generating use, the following shall apply: a. It shall be zoned for parking only or the same district classification as the generating use. b. A recommendation for approval by the Development Review Board shall be obtained regarding the parking relationship to the generating use. c. The owner(s) shall record restrictive covenants running with the land on the generating use and parking properties specifying that the generating use cannot continue if the parking use is discontinued. The form of said covenants shall be approved by the Town Attorney and may not be released without the written consent of the Town of Oro Valley. D. Parking Lots—Required Number of Spaces for Type of Use 1. Residential Parking Requirements: Residential uses shall provide a minimum number of parking spaces as defined by the standards below. Any increase or decrease in parking shall be in accordance with Section 27.6.C.2. a. Attached Dwellings: For each two-family and multi-family dwelling,there shall be parking spaces provided as indicated by the following table: Unit Number of Parking Spaces Per Bedrooms/Dwelling Unit Dwelling One or less 1.5 Off-Street Parking Page 4 Two 1.75 Three 2.0 Four and above 2.5 Plus one space per every four(4) units for guest parking. b. Guest Parking: Off-street guest parking spaces in multi-family developments shall be distributed proportionally to effectively serve the dwelling units that they are intended to serve. Such parking shall not be located more than two hundred (200') feet from any dwelling unit that is intended to be serve. c. Single-Family Detached: For each single-family dwelling,there shall be at least two(2)parking spaces and two (2) guest spaces. Parking of any vehicle in the front yard of a lot shall be prohibited unless parked on a surface of asphalt,concrete,rock or other similar inorganic material with a permanent border. d. Mobile Homes: There shall be two (2)-parking spaces per dwelling unit and one space per four(4) units for guest parking. e. Boarding Houses/Group Homes/Religious Quarters/Mature Adult Retirement Quarters/Rehabilitative/Skilled Nursing Care Facilities: One (1)per bedroom or bed plus one(1) for each four(4)bedrooms or beds for guest parking,plus two (2) for every three(3) employees. 2. Recreational Uses Neighborhood Parks: For each recreational use/park located in any district,there shall be three(3)-parking spaces per acre of park area. All neighborhood parks of less than one(1) acre shall provide a minimum of three(3)-parking spaces. 3. Non-residential Parking Requirements: Non-residential uses shall provide parking spaces as defined by the standards below. Any increase or decrease in parking shall be in accordance with Section 27.D.5 of this Article. a. The table below sets forth the number of allowed parking spaces based on the square footage of the gross leasable area and of the occupancy of specified uses. Use Required Parking/Sq. Ft. Restaurants a. Convenience Use 15/1000 b. Standard 10/1000 Bars, Taverns and Nightclubs 10/1000 Community Parks 5/acre Commercial Recreational a. Limited Indoor Recreation 6/1000 Off-Street Parking Page 5 b. Outdoor .3/person c. Bowling Alley 5/1000 Theaters 1/3 seats General Retail 4/1000 Personal Business and Service Shop 4/1000 Shopping Center 5/1000 Medical Office 4.5/1000 Financial Services 3.5/1000 Grocery Store, Supermarket 6/1000 General Office 3/1000 Vehicle Servicing and Maintenance 5/1000 Repair Service 2/1000 Lodging Establishments 1/unit Employees 1 per 2 Health Facilities a. Hospitals 1/bed b. Long Term Care Facilities .33/bed 1 per employee based on maximum shift Schools, Places of Worship or Assembly 1 per 4 seats and 2 per 3 employees Child Care Centers 1/1000 and 2 per 3 employees Industrial: Employee Parking .75/employee 4. Shared Parking: When a mix of non-residential uses creates staggered peak periods of parking demand, shared parking calculations shall be made to reduce the total amount of required parking for retail, office, institutional and entertainment uses. w Off-Street Parking Page 6 5. Mobility-Impaired Accessible Spaces: a. Design Standard: 1. Width eight (8') feet with a five (5')wide adjacent aisle for access to and from the side of a vehicle. 2. Other dimensions; same as those for standard vehicles. 3. The parking space and adjacent aisle shall have a slope less than 1:50 (2%). b. Location: Mobility-impaired parking spaces shall be located as close as possible to the nearest accessible building entrance, using the shortest accessible route of travel possible. When practical,the accessible route of travel shall not cross lanes for vehicular traffic. When crossing vehicle traffic lanes is necessary, the route shall be designated and marked as a crosswalk,per Section 27.6.F.3. c. Marking: Every mobility-impaired parking space shall be identified by a sign, centered between three (3') feet and five(5') feet above the parking surface, at the head of the parking space. The sign shall include the international symbol of accessibility and state RESERVED or equivalent language. d. Number of Spaces: Each parking lot shall contain at least the minimum specified number of mobility- impaired spaces as provided in the table below. NUMBER OF MOBILITY IMPAIRED PARKING SPACES Total Parking Spaces in Minimum Required Number of Lot Accessible Spaces 1-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 6 201-300 7 301-400 8 401-500 9 501-1,000 2%of total spaces Over 1,000 20 spaces plus 1 space for every Off-Street Parking Page 7 100 spaces or fraction thereof over 1,000 e. Van Accessible Spaces: One(1) space per every eight(8)mobility impaired parking spaces or fraction thereof. 1. Width: Eight(8') feet with an eight(8') foot adjacent aisle. 2. Other dimensions; same as those for standard vehicles. 3. Height Clearance:Ninety-eight(98")inches vertical clearance is required. E. e Parkin 1. Types: Class I: Provides covered, secured bicycle parking that insures protection bags, etcSClass I facilities t direct ht includeft of the entire bicycle,its components, and accessories such as commuting bicycle lockers,check-in facilities,monitored parking,restricted cAdmimess st a or,ng or other means which provide Zoning the above level of security as approved by the Planning and hysically Class II: Provides a stationary object that is permanently fixed as single to the or�ult ple bound or e ycle attachedracks. The facilities to a structure to which the operator can lock the bicycle, suchentrance of the structure it must be located in a highly visable area that is in close proximity to the primary serves, and disbursed conveniently throughout the development,not blocking pedestrian access. 2. Number Required: Provide bicycle parking spaces at the rate of: a. One(1)bicycle parking space per twenty(20)required�hce stations icular (gas)ng phav ng noaces,but lconven inconvenience use all cases shall provide a minimum of two (2)bicycle spaces, except s (mini-mart). quirements, t b. All spaces shall be Class II spaces as defined 1n lon 27.6.E.1 Theaters, and lcycle industrial uses,shall provide ten(p0%) Professional Offices,Retail Uses,Recreational Uses, percent of the required bicycle parking as Class I spaces. c. The maximum number of required spaces shall be one hundred(100)bicycle-parking spaces. d. Any increase or decrease in parking shall be in accordance with Section 27.6.D.3 of this Article. 3. Credit for Bicycle Parking Facilities: Performance Standards: The Planning and Zoning Administratorf le fac ties as follows:reductions to on-site parking requirements for all non-residential uses, for the provisionbicycle a. One (1)vehicular space per four(4) Class I bicycle spaces. b. Two (2)vehicular spaces per one(1) shower. Off-Street Parking Page 8 c. The number of vehicular spaces required shall not be reduced by more than five (5%)percent. F. On-Site Circulation 1. Access Drives: a. Access drives shall provide adequate storage length to prevent stopped vehicles from obstructing entering vehicles or vehicles traveling along internal circulation roadways. b. Entrances shall provide adequate turning radius for the design vehicle. c. Curbs,walls,berms, landscaping or other barriers shall be employed to prevent ingress or egress at any point other than the approved entrances and exits. d. A minimum of one hundred fifty(150') feet measured at the centerline shall separate any entrances or exits from the nearest intersecting street centerline. e. Entrances and exit drives are limited to two(2)per three hundred(300') feet of frontage,with a minimum spacing of one hundred fifty(150') feet between centerlines. f. Cross corner sight visibility shall be provided in accordance with the Oro Valley Subdivision Street Standards. g. The Town Engineer shall approve any deviation from these requirements. 2. Ring Roads: Definition: A Ring Road is defined as a roadway encircling a commercial, office or industrial complex with no on street parking, frequent curb cuts to adjacent parking aisles, and parking internal to the ring road. a. Ring roads shall be designed with 30-MPH design standards and signed at 15-MPH. b. Ring roads shall be a minimum of twenty-eight(28') feet in width. c. Sight visibility triangles for 30 MPH shall be a minimum along ring roads. 3. Perimeter Drive: Definition: A Perimeter Drive is defined as a roadway next to a building or group of buildings inside a Ring Road. A Perimeter Drive may be used for pick-up and drop-off of passengers or cargo and parking may be allowed. a. Perimeter drives shall have uninterrupted distances greater than 400 feet. b. Perimeter drives shall be no wider than twenty-eight(28') feet to discourage double parking. c. Short radius curves are encouraged along the perimeter roads to limit speeds. Off-Street Parking Page 9 d. Sight visibilitytriangles for 20-MPH shall be a minimum along perimeter drives. g e. No parkingis permitted along perimeter drives unless approved by the Town Engineer. 4. Parking Aisles: gn to require encoura designed ire or e vehicles to back into a street,pedestrian a. Parking aisles shall not be q g way or allyin order to leave the parking lot or maneuver out of a parking space. b. Parking aisles shall not be designed to carry more than one thousand (1000) vehicles per day. Parkingaisles shall not be longer than three hundred(300') feet without a break in circulation. c. d. Thepreferred parkingformat is 45 degree parking on one-way parking aisles. Other parking may ons confi uratibe accepted,provided it does not result in increased pedestrian-vehicular conflicts, g and is consistent with Table 27-1 OFF-STREET PARKING TABLE 27-1 MOTOR VEHICLE PARKING AREA DIMENSIONS Elements Parking Angle 13. Space Width C. Space Depth D. Aisle Width E. Curb Length F. Center to Center Width Of Double Row and Aisle Minimum 2 -way traffic aisle width: 24' Minimum 1 -way traffic aisle width: 12' Minimum 1 -way fire lane access aisle width: 20' ELEMENTS A B C D E F 0° 9.0' 12.0' 23.0' 28.0' 20° 9.0' 16.3' 12.0' 57.6' 44.6' 30° 9.0' 18.6' 12.0' 29.6' 49.2' 45° 9.0' 21.2' 13.0' 14.1' 55.4' 60° 9.0' 22.5' 18.0' 13.0' 63.0' 70° 9.0' 22.3' 19.0' 11.5' 63.6' 80° 9.0' 21.5' 24.0' 10.6' 67.0' 90° 9.0' 20.0' 24.0' 10.0' 64.0' INSERT GRAPHIC Off-Street Parking Page 10 e. End islands shall be sufficiently large to assure adequate cross corner sight visibility with the intersecting access drive. 5. Passenger Drop-Off Points: Drop-off points, separated from street traffic lanes, ring roads,parking aisles, loading areas, access drives, or perimeter roads, and readily accessible without hazardous maneuvering, shall be provided in conjunction with the following uses: hotels,motels, resorts, hospitals and clinics, educational facilities, libraries, and day care centers with fifty(50) or more students or children, religious facilities with one hundred (100) or more seats, transit terminals,park and ride lots,major recreational facilities,public buildings, financial services greater than five thousand(5000) square feet of gross floor area, shopping centers and other office/commercial uses and restaurants. 6. Carpools: Off street parking provided for all employment uses requiring eighty(80) or more spaces shall provide at least ten(10%)percent of the total parking area as designated for use by car pools, and be clearly signed and managed to that end. Carpool parking shall be as close to the building as possible, without impeding visitor or mobility-impaired parking. Where car pool parking is provided by this section,the required parking may be reduced by five (5%)percent. G. Design and Improvement Standards 1. Parking Lot Layout(Design) a. Parking Space Dimension: Parking spaces shall be a minimum of nine(9') feet in width and twenty (20') feet in length. Parallel parking space shall a minimum of eight(8') feet in width and twenty three (23') feet in length. Motorcycle parking spaces, if provided, shall be in addition to any required parking and shall be a minimum of three (3') feet in width and ten(10') feet in Length. b. Parking Structures: Parking structures, including underground parking, are recognized as a means to conserve onsite open space and are encouraged as an alternative to developing all required parking as surface lots. As an incentive, allowable floor area ratios(FAR)may be increased up to ten(10%) percent for every one hundred(100)underground parking spaces or above ground parking structures. c. Circulation Routes: Parking lots shall provide well-defined circulation routes for vehicles,bicycles and pedestrians. Layout and design shall anticipate the needs of users and provide continuity between vehicular circulation, parking,pedestrian and bicycle circulation. d. Traffic Control Devices: Standard traffic control signs and devices shall be used to direct traffic,where necessary, within a parking lot and must incorporate traffic calming methods in the design. Parking lot sign standards shall be in accordance with OVZCR Chapter 28. e. Orientation: All parking lots shall include walkways that are located in places that are logical, safe and convenient for pedestrians. f. Landscape Islands: To the maximum extent feasible, landscaped islands with curbs shall be used to define parking lot entrances, the ends of all parking aisles and the location and pattern of primary internal access drives, and to provide pedestrian refuge areas and walkways. The provisions of the OVZCR Section 27.5 Landscape, Irrigation and Buffer Yard Plans shall apply. Off-Street Parking Page 11 • lot layout shall specifically address the interrelation of pedestrian,vehicular and g. Points of Conflict: The y p Y provide circulation in order to continuous, and direct pedestrian access with a minimum of driveway and dg . rive aisle crossings. Required treatment such as raised pedestrian crossings, forecourts q and landings, specialpg, signs,avin si s, lig hts, and bollards shall be provided at significant points of conflict. Large surface parkinglots shall be visually and functionally segmented into several h. Lot Size/Scale: smaller lots according to the following standards: in lots shall be divided into smaller sections by landscape areas. Each section shall 1. Large park g contain a maximum of two hundred(200)parking spaces. INSERT GRAPHIC Parking bays shall extend no more that nine (9)parking 2. P g spaces without an intervening tree landscape island or landscaped peninsula. The provisions of the OVZCR Section 27.5 Landscape, sca p Irrigation and Buffer Yard Plans shall apply. INSERT GRAPHIC 3. No more than fiftypercent of the off-street parking area be located in the front yard (see (50%) definition front yard OVZCR Chapter 31). Traffic: All development that generates truck traffic that may adversely affect a neighborhood i. Truck p . tin noise, dust, or odor problems shall avoid or mitigate those impacts either through physical by creating design or operational procedures and Section 27.7, Off-Street Loading. Improvement Standards: All public and private parking areas except for residential uses permitted in 2. the R-1 and R-4 Districts shall be improved and maintained to the following standards: a. Slope and Grading: The finished grade of the parking lot shall be in accordance with the Town's din standards. Gradingof a site shall benefit landscaped areas and conform to the requirements of grading . Town's GradingOrdinance, Section 28.7. Below-grade or recessed parking lots are encouraged and the . maybe required bythe Development Review Board to provide additional screening from major q p thoroughfares or residential areas. b. Drainage: In addition to the Town's drainage requirements, drainage flow shall be considered a resource and be designed to benefit landscaped areas on the development site. Erosion control measures shall be designed and implemented to control drainage flow from impervious areas onto abutting soil surfaces. parking non-landscaped Surfacing: All non-landsca ed areas shall be paved with a durable asphalt, concrete, stone,tile or brick surface, consistent with pavement design principles and engineered according to soil conditions and wheel-loads. Pedestrian use areas and crossings within parking areas shall be paved with tile,brick, concretep avers, colored asphalt,patterned and colored concrete or asphalt. d areas and Parking s aces shall be provided with bumper barriers,wheel stops or wheel stop p curbing designed ed to prevent parked vehicles from extending beyond the property lines, damaging Off-Street Parking Page 12 adjacent landscaping, walls or buildings, or overhanging sidewalk areas. Wheel stops or wheel stop curbing shall be located three (3') feet from the front of the parking space. No barriers shall be required for head to head parking. e. Pavement Marking: Parking spaces in paved parking areas shall be permanently marked with striping. Space lines shall be a minimum of four(4") inches wide, white paint or plastic, and extend for a minimum of ten(10') feet for interior lines. End lines shall extend the full length of the space. f. Lighting: All parking areas shall comply with the Town of Oro Valley Outdoor Lighting Code, Oro Valley Zoning Code Revised, Chapter 17, Outdoor Lighting. SECTION 27.7 OFF-STREET LOADING A. Applicability The provisions of this section apply to: 1. New Development. 2. New uses locating in an existing development, as required in Section 27.6.B.2. '. Any expansion of an existing use or any addition of a new use to an existing development, as required in Section 27.6.B.3. B. General Regulations All buildings hereafter erected or established shall have and maintain loading spaces as determined by Development Review Board subject to conditions herein. 1. No part of an alley or street, including public walkway easements, shall be used for loading or maneuvering unless so designated by the Town. 2. No loading space that is provided in an approved development shall hereafter be eliminated reduced or converted unless equivalent facilities are provided elsewhere. 3. All required loading spaces shall be located on the same lot as the use served. 4. Use of Loading Space: A loading space shall not be used for the repair, storage, or dismantling of vehicles or to satisfy the area requirements for off-street parking and no general storage. 5. Mixed Uses: If there are mixed uses, the total requirements for off-street loading spaces is the sum of the individual requirements of the various uses. "). Modification of Requirements: The Development Review Board may reduce the number and location of required loading spaces where they determine that an unusual situation exists. Off-Street Parking Page 13 C. Design Standards: 1. Location of Loading Space: Required off-street loading spaces shall be located: a. Onsite and no further than one hundred(100') feet from the building served. b. No closer than thirty(30') feet to any property used, zoned, or designated by the General Plan, for residential purposes. 2. Dimensions: a. A required loading space for commercial, institutional, or office use shall be at least twelve(12') feet wide by thirty-five (35') feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of fifteen(15') feet. b. A required loading space for an industrial use shall be a minimum of twelve (12') feet by forty-five(45') feet in length with a minimum height clearance of fifteen(15') feet. 3. Access: Each loading space shall be accessible from a street or from an aisle or drive connecting with a street. Such access may be combined with access to a parking lot if designed in a manner that will not disrupt normal traffic flow. Access to loading spaces shall not be blocked by other loading spaces, stacked goods,permanent or movable structures of any type including trash receptacles or compactors,nor shall any loading space interfere with any fire exit or emergency access. 4. Prohibited Location: No loading space shall be located within the right-of-way of any street, roadway or public alley, or in any designated off-street parking area. At no time shall any part of a truck or van be allowed into a public thoroughfare or right-of-way while the truck or van is being loaded or unloaded. 5. Maneuvering: Adequate off-street maneuvering area shall be provided on-site and not within any public street right-of-way. 6. Accessibility: All loading spaces shall be accessible at all times from a street, alley, or driveway intended to serve such off-street loading areas. Access to loading areas may be provided by way of designated off-street parking areas using only marked aisles for such access. If access to loading spaces involves the utilization of off-street parking areas, no interference of any type shall be permitted in terms of the normal use and function of said off-street parking lot, and no designated off-street parking area or space shall be infringed upon at any time for the movement of any vehicle waiting to gain access to said loading space. 7. Enclosure of Loading Space: Required off-street loading space may be partially or entirely enclosed within a building,provided the building meets all the requirements pertaining to required yards. 8. Screening: The Oro Valley Landscaping Standards shall apply. Lighting: Lighting in a loading area, if installed, shall be in accordance with OVZCR Chapter 17. 10. Surfacing: An outdoor loading space shall be surfaced in such a manner as to make it weatherproof and dust- proof in accordance with the provisions of Section 27.6.F.3 Surfacing. Off-Street Parking Page 14 D. Off-Street Loading Required: 1. Retail establishments, Restaurants, Industrial,Manufacturing, Warehouse, Wholesale Uses, Freight Terminals or Hospitals having an aggregate gross floor area of five thousand(5,000) square feet or more. Gross Floor Area Number of Spaces Square feet 5,000—24,999 1 25,000—49,999 2 50,000—99,999 3 100,000— 174,999 4 175,000—249,999 5 For each additional seventy-five thousand(75,000) square feet (or fraction thereof) of gross floor area, one (1) additional loading space shall be provided. 2. Public Assembly uses, such as auditoriums, and hotels. Gross Floor Area Number of Spaces Square Feet 5,000—24,999 1 30,000— 129,999 2 130,000—229,999 3 For each additional one hundred thousand(100,000) square feet(or fraction thereof) of gross floor area, one (1) additional loading space shall be provided. 3. Office uses shall provide one(1) loading space for the first ten thousand(10,000) to one hundred thousand (100,000) square feet with one (1) additional loading space for each additional one hundred thousand(100,000) square feet of floor area or fraction thereof. Office uses may, in-lieu of providing loading spaces as per the above, may provide loading space for UPS, FedEx, Office Supply delivers within the passenger drop-off area,provided that the drive aisle is a minimum of thirty(30') feet in width or a loading zone may designated and marked within the parking lot. EXHIBIT"B" DESIGN GUIDELINES Article 16-1 Design Guidelines delete in their entirety the following: Section 16-103(F)(3)(a)Discourage loading and/or servicing between building and street unless approved by DRB. Section 16-103(F)(6)(e) Control speed by appropriate internal circulation design(versus speed bumps). Section 16-103(F)(6)(f) Consider decorative paving at major intersections, entries and other visually important locations. Section 16-103(F)(7)(a)Design pedestrian circulation systems in tentative development plans and preliminary plats to provide the space and alignment for walkways necessary to encourage pedestrian activity. Article 16-1 Design Guidelines by amending Section 16-103(F)(4)by adding a new subsection(h)to read as follows: (h) Encourage appropriate spacing for shopping cart bays. TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 03/20/02 i0: HONORABLE MAYOR AND COUNCIL FROM: DAN DUDLEY, TOWN ATTORNEY ORDINANCE NO. (0)02-09 SUBJECT: AMENDMENT TO THE ZONING CODE ARTICLE 4-3,AUTHORIZING THE COUNCIL TO GRANT EXTENSIONS TO THE APPROVAL OF PRELIMINARY PLAT UPON APPLICATION AND UPON THE SHOWING OF GOOD CAUSE SUMMARY: This amendment originated as a result of the Ritz-Carlton Project. That project is on hold, by the owners, for economic reasons and the preliminary plat is likely to expire with no further opportunities for extensions. The extension of plats beyond what is presently permitted has not been an ongoing problem. On the other hand, the proposal as drafted is relatively minor. It does not automatically extend plats; it simply gives the Town Council added discretion for extending Preliminary Plats if they so choose. Current law permits the Mayor and Council to approve a preliminary plat for 6 months (unless otherwise provided by the Council). The Town Council can extend that preliminary plat approval for an additional 6 months upon a receipt of a letter from the subdivider prior to the expiration date of the preliminary approval of the plat. The attached Ordinance No. (0) 02 -09 would permit the Council discretion to grant a total of 18 months additional plat extensions. The effect of this change is to permit the Council greater discretion in the management of preliminary plats. kTTACHMENTS: Proposed Ordinance amending Town Zoning Code Article 4-3, Section 4-312. RECOMMENDATION: Staff recommends that the Mayor and Council approve Ordinance No. (0) 02 - 09 , which amends the Oro Valley Town Zoning Code Chapter 4, Article 4-3, Section 4-312 "Preliminary Plat," enlarging the discretionary authority of the Mayor and Town Council to extend Preliminary Plat Approval time. SUGGESTED MOTION: I move to approve the adoption of Ordinance No. (0)02-09 • L� . ` � . / / Town Attorney Town Manager's Review f ORDINANCE NO. (0) 0209 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO THE EXTENSION OF TIME FOR PRELIMINARY PLAT APPROVALS; AMENDING ORO VALLEY ZONING CODE SECTION 4-312, "SIGNIFICANCE AND BASIS OF PRELIMINARY PLAT APPROVAL;" REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER; AND DECLARING AN EMERGENCY TO EXIST. WHEREAS, on March 13, 1981, the Town Council did approve Ordinance Number (0) 58, which adopted that certain document entitled, "Oro Valley Zoning Code," as the official Zoning Code for the Town; and WHEREAS, the Town has deemed it necessary to amend Section 4-312, "Significance and Basis of Preliminary Plat Approval," in order to provide the Mayor and Town Council discretionary flexibility in granting extensions which may affect a Preliminary Plat; and WHEREAS, amending Section 4-312, "Significance and Basis of Preliminary Plat Approval," is in the best interest of the residents of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "The Zoning Code of the Town of Oro Valley, Arizona," is hereby amended as follows: SECTION 1. The proposed amendment to Section 4-312, "Significance and Basis of Preliminary Plat Approval," reads as follows, with additions being shown in ALL CAPS and deletions being shown in Strikeout text: Section 4-312 Significance and Basis of Preliminary Plat Approval Preliminary Plat approval constitutes authorization for the subdivider to proceed with preparation of the Final Plat and the engineering plans and specifications for public improvements. Preliminary Plat approval is based upon the following terms: A. The basic conditions under which approval of the Preliminary Plat is granted will not be substantially changed prior to the expiration date. B. Approval is valid for a period of six months from the date of Town Council approval unless otherwise provided by the Council. SUBSEQUENT SIX MONTH EXTENSIONS, NOT TO Z 4-312 Amendment Office of the Oro Valley Town Attorney/jna/sib 2.13.02 r EXCEED AN AGGREGATE OF EIGHTEEN MONTHS, A six month extension of the - '--'•. : . . :: : . . may be granted by the Town Council FOR GOOD CAUSE upon receipt of a letter from the subdivider OUTLINING SAID GOOD CAUSE prior to the expiration date-OF THE APPROVAL OF THE PRELIMINARY PLAT. C. Preliminary Plat approval, in itself, does not assure final acceptance of streets for dedication, nor continuation of existing zoning requirements for the tract or its environs, nor constitute authorization to record the plat, nor authorize any earthwork or construction. D. Although not required at this time, consideration should be given to assurances and landscaping. SECTION 2. Pursuant to ARS § 41-1346, the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 3. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION 5. It is necessary for the preservation of the peace, health, and safety of the Town of Oro Valley, an emergency is declared to exist, and this Ordinance shall become immediately operative and in force from and after the date of posting thereof PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 2Othday of March , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Z 4-312 Amendment Office of the Oro Valley Town Attorney/jna/sib 2.13.02 TOWN OF ORO VALLEY 9 COUNCIL COMMUNICATION MEETING DATE: March 20, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Alan Forrest,Water Utility Director SUBJECT: Recommended Action Associated with Phase I (non-potable) Alternatives for the Use of Renewable Water Supplies within the Town of Oro Valley SUMMARY: Asy ou are aware,the Renewable Water Resources Task Force completed their final report(Renewable Water Resources for the Town of Oro Valley)in October 2000. In general,the report provides an analysis of multiple options for alternative (non-groundwater)water supplies to the Town of Oro Valley, culminating in the identification of two preferred options each for Phase I (non-potable/turf) and Phase II (potable) needs and a suggested implementation plan. The proposed implementation plan was broken down into three stages: Phase I Selection, Phase I Construction, and Phase II Selection and Construction. The first stage consisted of activities needed to select the Phase I project which best met the objective of obtaining an alternative source of water for turf irrigation. The following is a list of action items recommended by the Task Force for making an informed decision regarding ihich Phase I option the Town should ultimately pursue: • Finalize Routing Studies • Public Participation • Evaluate Institutional Factors • Pursue Regional Partnerships • Explore Financing Alternatives Within each of these items, the Task Force provided a list of specific tasks to be considered for both the raw CAP option and the reclaimed water delivery option. During the past eighteen months, much effort has been expended in addressing these action items. Probably the most significant outcome of this effort has been the successful negotiation of a Settlement Agreement with the City of Tucson. As a result,the Town of Oro Valley was able to acquire an additional CAP allocation of 4,454 acre-feet, control of the wastewater effluent generated from within the Town's water service area, and a cooperative agreement regarding the delivery of reclaimed water, among other things. In addition to the Settlement Agreement,the Town has also made progress on some of the other action items identified. For example, the Water Utility has contracted with an engineering consultant (CH2M-HILL)to begin preliminary design of a non-potable water distribution system within the Town limits. This study will address routing, identify potential customers, evaluate operational and institutional factors, and will initiate a public education process. Also,the Town continues to participate in regional efforts aimed at putting more .enewable water resources to beneficial use in the Tucson area. These efforts include cooperation on the Southern Arizona Regional Water Management Study(SAWRMS) and the Regional Effluent Planning Partnership (REPP)being conducted by the Bureau of Reclamation, a regional managed in-channel recharge project for effluent within the Santa Cruz River, in-lieu recharge of CAP water and the operation of a pilot treatment plant to test the efficacy of slow sand filtration on CAP water. Given these recent accomplishments,the Water Utility Commission has concluded that now is a good time to nake a decision regarding which option should be pursued for delivery of non-potable water(Phase I)within the Town of Oro Valley. Based on their review of the information available,they recommend the Town focus on the extension of Tucson Water's reclaimed water system to Oro Valley, as a means of providing reclaimed water to large turf facilities located within the Town. There are several factors that have influenced this recommendation, including the following: • Settlement Agreement with the City of Tucson—the Town now has control of its effluent and the City has agreed to work cooperatively with the Town in delivering this effluent to Oro Valley via Tucson Water's reclaimed water system. • Even though efforts to develop a regional plan for the delivery of CAP water continue to move in a positive direction, it will likely take many years to complete. On the other hand, it appears that extension of the City's reclaimed water system could be accomplished in a much shorter timeframe. • From the standpoint of matching the water quality to the intended use, reclaimed effluent appears to be a good choice for turf irrigation. Given that treated CAP water can be utilized for drinking water and reclaimed effluent can not,it makes since to preserve CAP water for potable use (Phase II). • Meeting the projected water demand for the Town at build-out will require full utilization of all renewable water supplies available to the Town—meaning that ultimately we will need to bring both reclaimed water and CAP water to the Town. Therefore, it is probably more efficient move forward on the delivery of treated effluent to accommodate the turf users now, rather than use CAP water for a period of time and later switch them all over to reclaimed water. • Our engineering consultant (CH2M-F1ILL) is currently at a point where their scope of work could efficiently be altered to focus on developing an overall Reclaimed Water System Master Plan, with minimal time delay. Even though the Water Utility Commission is recommending moving forward on the Reclaimed Water Alternative for Phase I,they strongly recommend the Town continue to pursue the utilization of CAP water to meet potable demands in the future(Phase II). This means we should remain committed to working on a regional solution for the delivery of CAP water to the northwest area and continue to develop the partnerships necessary to make this a reality. We should all recognize that the utilization of reclaimed water for turf irrigation is only part of the overall solution to meeting the Town's water needs and direct delivery of CAP water is also vitally important to the Town's water future. FISCAL IMPACT: The fiscal impact to the Town associated with this recommendation is not known at this time. The Renewable Water Resources Task Force estimated the capital costs associated with Option B to be approximately $18 million, however, this should be considered a very rough estimate at this point. Until specific agreements are made with the City of Tucson, detailed design of both the on-site and off-site distribution systems are completed and financing mechanisms are identified, a more accurate cost estimate will not be available RECOMMENDATIONS: The Water Utility Commission respectfully recommends the Mayor and Council officially adopt Option B (extension of Tucson Water's reclaimed water system) as the preferred alternative for implementing Phase I of the Town's Renewable Water Resources Plan. In addition, the Water Utility Commission would like to stress that this recommendation is made with the understanding that reclaimed water for turf irrigation is only part of the overall solution to meeting the Town's water needs and direct delivery of CAP water is also vitally important to the Town's water future. SUGGESTED MOTION: I move to adopt Option B, as described in the document Renewable Water Resources for the Town of Oro alley, October 2000, as the preferred alternative for implementing Phase I of the Town's Renewable Water Resources Plan. OR I move to Water Utility Di ector Town M. ager