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HomeMy WebLinkAboutPackets - Council Packets (1333) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION FEBRUARY 06, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:00 PM 1. Pursuant to ARS 38-431.03(A)(1) Annual Performance Review of the Chief of Police 2. 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 3. Pursuant to ARS 38-431.03(A)(3) discussion or consultation with the Town Attorney relating to the 1996 Supplemental (Water) Agreement with Vistoso Partners LLC and Vistoso Golf Partners LLC and related matters regarding Rancho Vistoso Neighborhood 11 RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER TheMayormay and Councilconsider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask 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 p what you wish to discuss when completing the blue speaker card. 02/06/02 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 01/14/02; 01/18/02; 01/23/02 B. Police Report— December 2001 C. Town of Oro ValleyPerformance Measurement Report Quarter ending December 31, 2001 D. Resolution No. (R)02- 04 Authorizing and approving a contract with R.S. Engineering for professional engineering design for 16 inch South g g C Zone Main in the amount of$164,995 E. Resolution No. (R)02- 05 Authorizing and approving a contract with R.S. Engineering for professional engineering design for Tangerine g g Road "E" Zone Main Alterations and Replacement in the amount of $181,665 F. Project No. OV20-02-01 Award of contract for Oro Valley Water Utility Countryside Booster Station Upgrades to P & H Contracting in the amount of$494,100 G. Resolution No. (R)02- 06 Award of contract for furnishings at the Oro Valley Public Library to Corporate Express, Goodmans, Inc. and Emerling's Office Interiors in the amount of$131,647.04 H. Resolution No. (R)02- 07 Authorizing and approving the execution of an Intergovernmental Agreement between the Town of Oro Valley and Amphitheater Unified School District No. 10 of Pima County, Arizona for the design and construction of Naranja Drive which improves the existing right-of-way ht-of-way along certain sections of Naranja Drive between Shannon Road and La Cholla Boulevard 2. ANNEXATION PUBLIC HEARING — IN ACCORDANCE WITH ARS 9- 471(A) — REGARDING APPROXIMATELY 6 ACRES OF UNINCORPORATED TERRITORY LOCATED ON THE EAST SIDE OF ORACLE ROAD (STATE ROUTE 77) NORTH OF THE HONEYWELL SITE SOUTH OF RAM'S FIELD PASS ROAD 3. PRESENTATION REGARDING THE GENERAL PLAN UPDATE 2020 STATUS REPORT #4 4. 0V12-97-14B APPROVAL OF A FINAL PLAT FOR SAN JOSE PLAZA (PARCELS #224310002C, D, & E) LOCATED ON THE EAST SIDE OF ORACLE ROAD 1/8 MILE NORTH OF EL CONQUISTADOR WAY 5. PUBLIC HEARING - OV9-02-04, VENTANA MEDICAL SYSTEMS, INC. LOCATED AT 1910 E. INNOVATION PARK DRIVE, REQUESTS A PAD INCLUSION ENABLED FROM THE RANCHO VISTOSO PAD SIGN GUIDELINES PER ORO VALLEY ZONING CODE REVISED, CHAPTER 12-104 D, PARCEL #219-20-8170 02/06/02 Agenda, Council Regular Session 3 6. RESOLUTION NO. (R)02- 08 DECLARING AS PUBLIC RECORD THOSE CERTAIN DOCUMENTS FILED WITH THE TOWN CLERK AND ENTITLED THE OMNIBUS CRIMINAL CODE REVISION, INCLUDING AMENDMENTS AND ADDITIONS TO "ARTICLE 10-1, MISCELLANEOUS OFFENSES," "ARTICLE 10-6, ANTI-GRAFFITI," "ARTICLE 10-7, REGULATING PICKETING OF A PRIVATE RESIDENCE IN RESIDENTIALLY ZONED DISTRICTS," "ARTICLE 10-8, LASER POINTERS," "ARTICLE 10-9, HANDBILLS," "ARTICLE 10-10, LOUD AND UNRULY GATHERINGS," "NEWSRACKS," AND "ARTICLE 10-12, PARADE AND PUBLIC ASSEMBLY," OF THE ORO VALLEY TOWN CODE 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 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 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: 01/30/02 4:30 p.m. lh A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. g 02/06/02 Agenda, Council Regular Session 4 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 p a complete speaker card located on the Agenda table at the back of the room p and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please p your organize 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. DR * FT 4`.. MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION AND SPECIAL SESSION (EXECUTIVE SESSION) JANUARY 14, 2002 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION CALL TO ORDER: 7:08 PM PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member DISCUSSION REGARDING ORDINANCE NO. (0)01-29 OV7-01-06, INSERTING A NEW CHAPTER 17 OUTDOOR LIGHTING TO THE ORO VALLEY ZONING CODE REVISED AND AMENDING ALL REFERENCES TO OUTDOOR LIGHTING IN CHAPTERS 6, 8, 9, 10 AND 13,AND BY DELETING ALL LIGHTING REQUIREMENTS IN SAID CHAPTERS,AMEND CHAPTER 2 DEFINITIONS, AMEND ARTICLE 16-1 DESIGN GUIDELINES OF THE ORO VALLEY ZONING CODE REVISED AND AMEND THE TOWN CODE BY DELETING IN ITS ENTIRETY ARTICLE 6-7 OUTDOOR LIGHTING CODE Planner II Sangeeta Jain addressed questions and concerns brought up at the December 2001 Town Council meeting regarding: 1. Pros and cons of various types of outdoor lighting sources Ms. Jain reviewed the different Light Source Characteristics and the different Lamp Groups, i.e., Incandescent, Metal Halide, High Pressure Sodium, Low Pressure Sodium. 2. Height of light poles Ms. Jain outlined the maximum building heights in the Town's Zoning Districts and stated that staff has analyzed the pros and cons of the options for the height of light poles relative to the building height: Option 1: Restricting the height of light poles to 33 feet. Option II: Restricting the height of light poles to maximum building height. Option II: Restricting the height of light poles to 18 feet. In answer to a question by Mayor Loomis, Planning & Zoning Administrator Bryant Nodine stated that this Code amendment would be the driver, not the lighting requirements in a Planned Area Development(PAD). Mr.Nodine stated that he would double check the PAD's and report back to the Town Council. 01/14/02 Minutes, Council Study/Special/Executive Session 2 Ms. J pointed ointed out that the use of taller poles would provide for more even distribution of light and shorter poles would create more "hot spots." Vice suggested Mayor Johnson that a mixture of pole heights be used in parking lots. y Mr.Nodine said that there is a provision in the proposed Code that perimeter lighting would be lower and those poles located closer to the buildings would be higher. Mr. Nodine stated that he would get back to the Town Council about how close the poles should be and he would also show the amount of light per height of poles including shielding. 3. Cost comparison for various types of outdoor light fixtures Ms. Jain reviewed a table showing the annual operating cost comparison between the different types of fixtures. It was pointed out that 400,000 lumens using low pressure sodium would cost $875 annually compared to using metal halide at $2725 annually. 4. Light trespass Ms. Jain stated that when E3, E3a, and E2 areas abut E2a or El areas,the pole mounted luminaires shall be limited to 10' height, mounted at least 10' away from the property line, and would have internal house-side shields. It wasp ointed out that low pressure sodium is the most economical lighting to use and less filtering is needed for the Observatory lighting restrictions. In answer to aq uestion by Vice Mayor Johnson, Ms. Jain stated that a buffer of ten feet would help diffuse the spillover of lighting onto private property. 5. Light shielding and reflectivity off a wall Ms. Jain stated that staff has added wording to the code to reflect this issue by requiring internal house side shields on all wall mounted light fixtures. In addition, staff has proposed limiting the maximum number of lumens on unshielded fixtures to 2,000 lumens. Also,there are curfew times for all unshielded light fixtures to deal with the issue. In answer to auestion by Vice Mayor Johnson regarding allowing for flexibility of the q Code to address special circumstances, Mr. Nodine stated that there is a provision that allows for administrative hearings to review exemptions of the Code. In answer to a question by Council Member Wolff, Sgt. Chuck Trujillo, Oro Valley Crime Prevention through Environmental Design Officer stated that for safety considerations, he recommended using a 25 foot high pole with low pressure sodium. However, he stated that the amount of lumens provides for a safe environment, no matter what the height of the pole would be. Ms. Jain stated that 80% lumens in commercial areas are recommended for safety. 01/14/02 Minutes,Council Study/Special/Executive Session 3 In answer to auestion byMayor Loomis, Mr. Nodine stated that the street lighting q would be addressed in the subdivision street standards that would be coming to the Town Council in the future. Ms. Jain stated that to address laser light shows or search lights,the business could apply for a 30 day exemption. Discussion followed regarding eliminating the use of lights in the morning hours. In answer to a question by Mayor Loomis, Mr. Nodine stated that staff would incorporate standards for lighting of signs in the Sign Code, which would be brought back to the Town Council. Mayor Loomis asked for comments from members of the public. Chris Monrad, Electrical Engineer, stated that he is in favor of using 25' high poles because of the energy efficiency, with a shoebox fixture for shielding. He used the Ventana Medical Building as an example of high performance lighting that meets the "night sky"requirements. He asked that low wattage lighting be exempted. Marvin Stafford, Oro Valley resident and Electrical Engineer, stated that full shielding is quite different from house wall shielding. He hoped that the Lighting Ordinance is adopted. CraigBaron, Lighting Manufacturing representative, referred to Area E2 in the Code that addresses churches,parks and schools. He stated that the lighting recommended for those areas is 3 times less than what it should be to help prevent vandalism and meeting security requirements. He referred to the IES regulations. Bill Adler, 10720 N. Eagle Eye Place, showed pictures of lighting in parking lots located in Cave Creek, Scottsdale and Carefree. He stated that lower lighting could be attractive and still meet safety concerns. ADJOURNMENT A MOTION was made by Vice Mayor Johnson and SECONDED by Council Member Rochman to ADJOURN the study session at 8:20 p.m. MOTION carried 5 —0. SPECIAL SESSION CALL TO ORDER: 8:21 PM ROLL CALL: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member 01/14/02 Minutes,Council Study/Special/Executive Session 4 EXECUTIVE SESSION CALL TO ORDER: 8:40 PM ROLL CALL: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member Pursuant to ARS 38-431.03(A)(3) discussion or consultation with the Town . Attorney relatingto the 1996 Supplemental (Water) Agreement with Vistoso A Y Partners LLC and Vistoso Golf Partners LLC and related matters regarding Rancho Vistoso Neighborhood 11 A MOTION was made byCouncil Member Wolff to go into an Executive Session at 8:40 p.m. MOTION SECONDED byVice Mayor Johnson. MOTION UNANIMOUSLY carried 5 —0. Mayor Loomis stated that in addition to the Town Manager, Town Attorney and Town Clerk,the Water Utility Director Alan Forrest and Planning & Bryant Administrator B ant Nodine would also be attending the Executive Session. A MOTION was made togo out of Executive Session by Council Member LaSala and SECONDED Mayor byVice Ma or Johnson at 11:53 p.m. MOTION UNANIMOUSLY carried 5 -0. ADJOURNMENT A MOTION was made byCouncil Member LaSala and SECONDED by Vice Mayor JohnsonadjournSpecial to ' the S ecial Session at 11:54 p.m. MOTION UNANIMOUSLY carried 5 —0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL SPECIAL STUDY SESSION JANUARY 18, 2002 TWIN PEAKS PUMPING STATION 10900 W. TWIN PEAKS ROAD MARANA,ARIZONA STUDY SESSION - AT OR AFTER 9:30 AM CALL TO ORDER 9:32 a.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Bart Rochman, Council ember Werner Wolff, Council Member EXCUSED: Fran LaSala, Council Member OTHERS PRESENT: Jim Peterson, Oro Valley Water Consultant Eric Holler', ::r:eau' f Reclamation �e Bruce Gar tt,C emical Engineer :. g Roxatia Gaity, Deputy De uty Town Clerk 1. SITE TOUR OF TISCAP;;:CANAL TWIN PEAKS PUMPING STATION LOCATED AT 1090 `W. TIN PEAKS ROAD The Town Council toureheentral Arizona Project (CAP) Twin Peaks Pumping Station with Eric Holler from the Bureau of Reclamation. Mr. Holler explained that there were fourteen similar pumping stations along the CAP Canal system. Mr. Holler and Mr. Bruce Garrett, Chemical Engineer, then reviewed prospective water treatment methods for CAP water and projected costs. These methods included: • Conventional Treatment • Slowsand Filtration • Microfiltration/Ultrafiltration • Conventional Treatment with Reverse Osmosis • Slowsand Filtration with Reverse Osmosis • Microfiltration/Ultrafiltration with Reverse Osmosis. Mr. Holler explained that through the joint efforts of the Central Arizona Water Conservation District(CAWCD), the Bureau of Reclamation, the Town of Oro Valley, the Town of Marana, Metropolitan Domestic Water Improvement District (MDWID) and the Flowing Wells Irrigation District, a pilot program is being conducted to verify the projected low costs of the Slowsand Filtration and whether it is effective as a 01/18/02 Minutes,Special Study Session 2 pretreatment for Reverse Osmosis. The Slowsand Filtration treatment has been shown to have the lowest cost, less than one-fourth the cost of conventional treatments. Mr. Holler and Mr. Garrett then reviewed the Slowsand Filtration with Reverse Osmosis treatment processes. In response to questions from the Council regarding the need to continue the pilot p program, Mr. Holler and Mr. Garrett explained that they hope to continue the program for a few more months in order to obtain several "seasons' worth"of hard data and to identify how certain environmental factors effect the process. Mayor Loomis stated that he felt that there was good data to provide the rationale for continuing project the ro'ect through two or three seasons. He asked that Mr. Holler come to a Council Meeting and present the latest data. The Council would then consider supporting the continuation of the pilot project. ADJOURNMENT MOTION. Vicey • Mayor Johnson MOVED to 40i0U1W..at U 11:05 a.m. Council Member Wolff SECONDED the motion. M: n carried'`—0. ......., RespectfOy sub tted, •= .oxat Y, Deputy ut Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 23, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:03 a.m. ROLL CALL 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 o£Allegiance. UPCOMING MEETING ANNOUNCEMENTS': (Upcoming meeting announcements et ii,Town Manager e r Chuck k Sw eet during n g the Town Manager's Report at the end o meetrt .) CALL TO AUDIENCE "r.`. 110:;,,1,;„ `max`2'..':,;::. No speakers. Nii fv 1. CONSENT AGENDA::?:;:-. MOTION: Vice Mayor Johnson MOVED to APPROVE the Consent Agenda as presented. Council Member Wolff SECONDED the motion. Motion carried, 5 -0. A. Minutes—01/09/02 B. Coyote Run—December 2001 C. Building Codes Activity Report—December 2001 D. Public Information Report—December 2001 2. PRESENTATION OF CERTIFICATES OF APPRECIATION TO MAYOR, TOWN COUNCIL MEMBERS AND STAFF FROM IN-LINE SKATE ORGANIZATION FOR THEIR SUPPORT OF THE CACTUS SPEED CLASSIC HELD ON NOVEMBER 4, 2001 Diana Kuntz, Cactus Speed Classic and Ed Wachter, Fast Eddie's Skating School, presented Plaques of Appreciation to the Mayor and Council, Parks and Recreation 01/23/02 Minutes,Council Regular Session 2 Director Ainsley Reeder and Police Officer Michael Stevenson for their help and support during the Cactus Speed Classic V held in Oro Valley on November 4, 2001. 3. PRESENTATION OF PLAQUES OF APPRECIATION TO MEMBERS OF THE GOVERNMENT REVIEW TASK FORCE Mayor Loomis thanked the members of the Government Review Task Force for their dedication and work over the past two years. He then presented Plaques of Appreciation to Marilyn Cook, Jim Kriegh, Don Dvorak, Richard Feinberg and Larry Holden. 4. PRESENTATION FROM GREATER TUCSON ECONOMIC COUNCIL (GTEC) REGARDING QUARTERLY PROGRESS REPORT Steve Weathers, President and CEO of the Greater Tucson Economic Council (GTEC) introduced GTEC staff members to the Council. He then reviewed a status report regarding a model of corporate services, current and potential projects and clients, and strategic outreach. }` In response to questions from the Council, M Weathers stated that he sees Oro Valley as p the "silver bullet" in the region. He explained that with the Town's high standards, there g aregreat opportunities for the Town and businesses. He also explained that GTEC is a pp 50106 company (funded by public and'Ovate funds). So they try to impress upon new p businesses what the region has to offer and also what the business can bring to the area. He also stated that they ask theusinsses for an investment back to the community } (charities, culture, arts, etc.) In response to a request from Mayor Loomis regarding the submittal of their quarterly report, Mr. Weathers stated that they would work on getting the written report to the .irY Town Council. 5. CONSIDERATION AND/OR POSSIBLE APPROVAL OF A LETTER OF ENGAGEMENT BETWEEN LONDON PACIFIC ADVISORS AND THE TOWN OF ORO VALLEY ON BEHALF OF THE ORO VALLEY PUBLIC ARTS ENDOWMENT ADVISORY COMMITTEE Dick Eggerding, President of the Public Arts Endowment Advisory Committee (PAEAC), explained that at the direction of the Council, the Committee (Sister Lauren Moss, Buzz Dolsberry, and Wendy Timm, Dick Eggerding)has been working on establishing a community foundation that would establish a permanent funding source that would allow local residents and businesses to make tax-exempt donations to a variety of charitable purposes in the community. Mr. Eggerding then introduced Mr. Bill McMorran and Mr. Brian Murphy from London Pacific Advisors. He explained that London Pacific Advisors is the firm that the PAEAC is recommending that the Town retain for consulting services for the development of the arts related supporting organization. 01/23/02 Minutes,Council Regular Session 3 Mr. McMorran reviewed the steps for development of the supporting 509A3 organization (a communityor anization/public foundation with a defined purpose.) He explained that g the entityneeds to be approved and defined by the IRS. He also explained that they . would need to develop such things as the mission statement, a strategic plan and targets, and an investment policy. MOTION: Council Member LaSala MOVED to APPROVE the Letter of Engagement between the Town of Oro Valley and London Pacific Advisors, Inc. and amend the Town g budget to provide funding in the amount of$10,000 from the General Fund contingency. Council Member Rochman SECONDED the motion. DISCUSSION: Mayor Loomis requested that the Committee provide a quarterly report to the Council. The Council also thanked Mr. Eggerding and the Committee members for their efforts. Motion carried, 5 — 0. 6. PUBLIC HEARING - ORDINANCE NO'. (0)0.2-05 AMENDING ORO VALLEY TOWN CODE SECTION 6-4-1,PLUMBISG CODE BY ADOPTING THE STATE OF ARIZONA UNIFORM PLUMBING CODE AS MANDATED BY ARIZONA REVISED STATUTE §9-805 ' e explained that Building Official Terry He x Vosler reviewed� h Council Communication. based on recent actions of the Arizona State Plumbing Commission and a recommendation from the Leaguea ofArizona Cities and Towns, staff is recommending that the adoption of the Arizona S :tate Plumbing Code be continued indefinitely. Mayoropened Loomis o d' uhearing. There being no speakers, the public hearing the pbl'i aring was closed. MOTION: Council Member Rochman MOVED to CONTINUE INDEFINITELY the adoption of Ordinance No. (0)02-05, the adoption of the State of Arizona Uniform Plumbing Code. Council Member Wolff SECONDED the motion. Motion carried, 5 -0. TOWN MANAGER'S REPORT Town Manager Chuck Sweet reviewed the upcoming meetings. CALL TO AUDIENCE Jim Kriegh, 40 E. Calle Concordia,reviewed incorporation promises that were verbally made in 1970. He stated that at that time, property owners in the Linda Vista Citrus Tract area were told that their property would not be rezoned unless a majority of the property owners approved it. He also stated that the Campo Bello Estates property owners were told that they could keep the horse property designation of one horse per 10,000 square 01/23/02 Minutes,Council Regular Session 4 feet. He said that he was surprised to hear that at some point, that designation was changed to one horse per 30,000 square feet. ADJOURNMENT MOTION: Council Member LaSala MOVED to ADJOURN at 8:20 p.m. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, Roxana Garrity, Deputy Town Clerk .00 n'h hereby certifythat the foregoingminutes.,are..: true and correct copy of the minutes I her y of the regular session of the Town of Oro Val . y Council of Oro Valley, Arizona held g on the_23rd_dayof January2002. further certify that the meeting was duly called and held and that a quorum was::,presei .f°Yry' v¢. :.:A" kN`t. $;x;...{r 2002• 3 Dated this day o ........,... , ' y'.`y,'::?£.:fir• .::<:.. 1yy'k , Kathryn E. Cuvelier, CMC :S r`. Town Clerk ,....c., 4� £"_ Z (..,..r:,:.. p `0 .211000 N. La Canada Dr. oNi.,,,,,II::‘' ,-E..-.T , B %.:i.,,.0,.,„,,'sa° -I. Oro Valley, Arizona 85737 :4- ),4.... � „,,,,%,,, �����`� - FAX (520) 797-2616 : Phone(520) 229 4900 DANIEL G. SHARP, Chief of Police t „,;%>z www.ovpd.org a } ei }� • .s� p..:+� Mfr '-lir o6NoED�9--,i ORO VALLEY POLICE DEPARTMENT "INTEGRITY, PRIDE, EXCELLENCE” MEMORANDUM TO: Mayor Loomis and Town Council FROM. Daniel Sharp, Chief of Police DATE: January 22, 2002 RE: Monthly Breakdown of Citations by Violation and Police activity Summary Attached please find the updates through December 2001. LC) co 0) �t ( CO IC) O r•- CO N- O N CD O ,-. N- d' 1` N- O O N 00 e- 'Ct. Lt)e- CO0 .:1- CO e- 0) N N- CO e- CO CO CO 00 CD N O Lr) N e- •:t- N • N- r- Lf) 't N e- •c-- COC ,��. O W CO 0 co%IP . - . . . v �t (N (N CO 00 in O e— 0) N 0) e- LC) (N 00 fit' �t 00 N LC) fit' LO (3) CD 'CC O 0) ,-* •- ,-- ,-- 0) CO N- N O N 00 N•- N- ,- CO O r- N- ,-- IC) r-- 1/ > O — LC) 'r' V. 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J < F-- TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: TOWN OF ORO VALLEY PERFORMANCE MEASUREMENT REPORT QUARTER ENDING DECEMBER 31,2001 SUMMARY: Duringthe July 18, 2001 Regular Council Meeting, the Town Council approved the Town Departments' Performance Goals and Measures for the Fiscal Year 2001-02. In October 20101, you were presented with each departments performance measures for the first quarter. Departments have continued to track their performance measures are forwarding to you, measures for the second quarter, period ending December 31, 2001. You will again notice that each department is very near to or at their projected measures. ATTACHMENTS: Performance Goals and Measurements from: ✓ Town Manager ✓ Clerk ✓ Finance ✓ Community Development ✓ Water Utility ✓ Legal ✓ Department of Public Works ✓ Police Department ✓ Human Resources ✓ Magistrate Court SUGGESTED MOTION: I move to approve the Second Quarter Performance Goals and Measures as presented or / , 4,‘ Chuck Sw:-t, Town Manager TOWN MANAGER DEPARTMENT PERFORMANCE MEASURES OCTOBER 1, 2001 — DECEMBER 31, 2001 MEASURE: to attend regularly scheduled Town Council meetings- 90% of the time Meeting date attendance October 10/3 & 10/17 1 100% November 1117 ✓ 100% December 12/5 & 12/19 ✓ 100% Town Manager attended Council meetings 100% of the time MEASURE: Return calls (voice-mail) from the Mayor and Town Council within 8 hours from the receipt of the call - 95% of the time # calls within 8 hrs October-- 18 ✓ 100% December Town Manager returned calls from Mayor and Council within 8 hours 100% of the time MEASURE: Return all other telephone calls within 1 business day-90% of the time # calls* within 1 business day October- 131 Returned 120 December telephone calls within 1 business day= 91% *131 voice-mails required a return phone call MEASURE: Respond to written or electronic correspondence from the public within five working days of receipt- 90% of the time # inquiries within 5 business days October- 12 ✓ 90% December Town Manager responded to correspondence from the public 90% of the time during this performance measure period ✓ = Met Performance Measure x = Did Not Meet Performance Measure MEASURE.• By the end of FY 2001/02 reduce number of late performance evaluations to less than 20% Due date completed on time October N/A N/A November 11/11 x December N/A N/A Did not meet performance measure MEASURE: g Provide Manager's Proposed Balanced Budget to Town Council the first week in May, annually N/A ✓ = Met Performance Measure x= Did Not Meet Performance Measure PUBLIC INFORMATION PERFORMANCE MEASURES OCTOBER,2001—DECEMBER,2001 MEASURE: Respond to requests for information Respond to requests for 122 Within one day 98% information/contacts from media/public MEASURE: Return all internal calls Return internal calls _ 133 Within 24 hours 97% MEASURE: Acknowledge written/electronic correspondence Acknowledge written or 37 Within one business day 95% electronic correspondence from public MEASURE: Acknowledge internal written/electronic correspondence Acknowledge internal 360 Within one business day 98% written or electronic correspondence MEASURE: Respond to assigned correspondence gn Respond to assigned 12 Within 5 days 100% correspondences by Town Manager/Council _ _ MEMORANDUM TO: Chuck Sweet, Town Manager FROM: Kathryn Cuvelier, Town Clerk DATE: January 9, 2002 SUBJ: Clerk's Office 2nd Quarter Performance Goals &Measures Status Report Attached fory our review are the Clerk's Office Performance Goals and Measures Status Report for the second quarter of FY 2001/02. /4/„L,CAstA4)t<4;1- KathryrWuvelier, CMC Town Clerk Attachment ft Town of Oro Valley Clerk's Office Performance Goals & Measures FY 2001/02 Second Quarter ✓ Process synopsis minutes ready for approval at next Council meeting. (95%) Regular Meeting Date Minutes ready for Performance Approval at next regular meeting October 3, 2001 9-4-01; 9-19-01 ✓ October 17, 2001 10-3-01 ✓ November 7, 2001 10-10-01; 10-17-01 ✓ December 5, 2001 11-07-01 ✓ December 19, 2001 12-05-01 ✓ Second Quarter 100% ✓ ✓ Conduct Town Elections in accordance with Arizona State Law. (100%) Election Date Compliance Performance March 12, 2002 In process-All-Mail Ballot ✓ May 21, 2002 N/A Second Quarter N/A ✓ Provide Records Management Services for all Public Records in accordance with State of Arizona Retention Schedule. (100%) ✓ Retrieval and distribution of public Information. (100%) Internal Requests One Hour or Less Performance October 20 ✓ November 15 ✓ December 12 ✓ Total 47 ✓ External Requests Per SOP #6 Performance October 22 ✓ November 23 ✓ December 13 ✓ Total 58 ✓ Total (Internal & External) 105 ✓ Second Quarter 100% ✓ • f ✓ Keep accurate legislative history of the Town. (100%) Regular Meeting Dates Council Minutes Performance Approved and Ready for Indexing October 3, 2001; 9-04-01;9-19-01; ✓ October 17, 2001 10-3-01 November 7, 2001 10-10-01; 10-17-01 ✓ December 5, 2001; 11-07-01; ✓ December 19, 2001 12-05-01 Second Quarter 100% ✓ ✓ Coordinate with Mayor, Town Manager and all departments in preparation of Town Council agenda packets to ensure accuracy and appropriate information in accordance with Arizona open meeting law. (100%) Month Meeting Date Performance October October 03, 2001; ✓ October 17, 2001 November November 7, 2001 ✓ December December 5, 2001; ✓ December 19, 2001 Second Quarter 100% ✓ ✓ Publish and post all public hearing notices, ordinances, agendas, etc. in accordance with Arizona open meeting law and Town policy. (100%) Month Publish &/or post Performance Notices/Ordinances or Agendas October 20 ✓ November 14 ✓ December 14 ✓ Total 48 ✓ First Quarter 100% ✓ ✓ By end of FY 2001/02 reduce number of late performance evaluations to less than 20% Performance Reviews Actual Reviews Performance 1St Quarter - 2 2 ✓ 2nd Quarter - 1 1 ✓ 3rd Quarter N/A 0 4th Quarter N/A 0 Total 3 1 ✓ Second Quarter 100% ✓ ✓ = Met Performance Measure X = Did not meet Performance Measure MEMORANDUM TO: Rachael Bartels, Administrative Assistant FROM: David Andrews, Finance Director °2 - --- DATE: January 15, 2002 SUBJ: 2nd Quarter Performance Goals and Measures Attached please find the Performance Goals and Measures for the 2nd quarter ended 12/31/01 for the Finance Department and Information Systems Division. Please give me a call if you have any questions. r s � Town of Oro Valley Finance Department Performance Goals & Measures FY 2001/02 v Close the General Ledger by the 10th calendar day of the month. (100%) Month Actual Date Performance July 8/16/01 X August 9/14/01 X September 10/10/01 ✓ October 11/10/01 ✓ November 12/10/01 ✓ December January February March April May June v Complete the Finance Report by the 24th calendar day of the month. (100%) Month Actual Date Performance July 7/20/01 ✓ August 8/24/01 ✓ September 10/19/01 ✓ October 11/20/01 ✓ November 12/17/01 ✓ December January February March April May June v Process grant billings by the 20th calendar day of each month. (90%) Month Actual Date Performance July 8/16/01 ✓ August 9/25/01 X September 10/22/01 X October 11/20/01 ✓ November 12/20/01 ✓ December January February March April May June v Make bi-weekly vendor payments according to schedule. (95%) Targeted Date Actual Date Performance July 13, 2001 7/13/01 July 27 2001 7/27/01 August 10, 2001 8/10/01 August 24, 2001 8/24/01 September 7, 2001 9/7/01 September 21, 2001 9/21/01 October 5, 2001 10/5/01 October 19, 2001 10/19/01 November 2, 2001 11/2/01 November 16, 2001 11/16/01 November 30, 2001 11/30/01 ✓ December 14, 2001 12/14/01 December 28, 2001 12/28/01 ✓ January 11, 2002 January 25, 2002 February 8, 2002 February 22, 2002 March 8, 2002 March 22, 2002 April 5, 2002 April 19, 2002 May 3, 2002 May 17, 2002 May 31, 2002 June 14, 2002 June 28, 2002 v Process bi-weekly employee payroll by Friday at 6:00 a.m. (100%) Targeted Date Actual Date Performance July 6, 2001 7/6/01 July 20, 2001 7/20/01 August 3, 2001 8/3/01 August 17, 2001 8/17/01 August 31, 2001 8/31/01 ✓ September 14, 2001 9/14/01 September 28, 2001 9/28/01 October 12, 2001 10/12/01 October 26, 2001 10/26/01 • November 9, 2001 11/9/01 ✓ November 23, 2001 11/23/01 ✓ December 7, 2001 12/7/01 ✓ December 21, 2001 12/21/01 ✓ January 4, 2002 January 18, 2002 February 1, 2002 February 15, 2002 March 1, 2002 March 15, 2002 March 29, 2002 April 12, 2002 April 26, 2002 May 10, 2002 May 24, 2002 June 7, 2002 June 21, 2002 ✓ Make Home Rule election presentations to various Town boards and commissions and other interested groups. Targeted Number Actual Number Performance 8 0 N/A ✓ By the end of FY 01/02, reduce number of late performance reviews to less than 20%. Performance Reviews Targeted# of Reviews Actual Reviews 1St Quarter 2 2 2nd Quarter 1 1 3rd Quarter 2 4th Quarter 0 Total 5 ✓ Develop Information Systems Strategic Plan ✓ Achieve 99% Server Up-time ✓ = Met Performance Measure X = Did not meet Performance Measure MEMORANDUM TO: David Andrews, Finance Director FROM: Kevin Verville, Information Systems Administrator DATE: January 14, 2002 SUBJ: Performance Measures Enclosed are the 2nd quarter performance measures for the Information Systems Division that you requested. The server up time tracking sheet is attached. I have included a sample of the formula used to calculate the percentages. This quarter saw a marked increase in preliability server up-time. The overall server increased from 93.1% in the 1st quarter to 99.3% in the current quarter. However, it is still shy of our goal of 99.9%. With 3 of the serversp lanned for upgrade this next quarter, I feel confident that this goal can be met. Due to lack of planning time, the Information Systems Strategic Plan has not been started as of yet. Once Jason Raster, Information Systems Technician has been brought up to speed, I will be able to start the strategic plan. If there is further information that you require, please don't hesitate to call me. Server Down Time Tracking Period: 10/01/01 - 12/31/01 Total Number of Days: 92 Total Down Planned Down Total Up Time Time Minutes Time Minutes Percentage OV MAIN 5 5 99.996% OV BDC 5 5 99.996% OV PROX 460 5 99.653% OV PZD 120 5 99.909% OV LEGAL 5 5 99.996% OV SIERRA 5 5 99.996% OV EXCH 300 5 99.774% OV WAT 5 5 99.996% OV PUB 5 5 99.996% TOTAL 910 45 99.313% Calculation: Number of days X Number of minutes in a day= Total number of minutes for period 92 X 1440 = 132480 minutes Example: OV_PROX 1-(460/132480)=0.99653 . . M e mo To: Chuck Sweet,Town Manager From: Brent Sinclair,Community Development Director Date: January 16,2002 Re: Performance report Here is Community Development's Performance Report for the 2n'quarter. 1 oC oC xi cp 0 CC) o 3 < cD 2 C CD CD Fri DCT 3 o (D CD) �' 0 CD CD .a a) 0 o 40. o ] 3 z C o * � CD CO o CD ' n C) o 0 U c 3 cp 3 U) U) _ cn Q = 5 n —• t< ‘Z v CD a. < o cD Q.0 0 0 o 0 D o O IV0 0 ""k 3 I.) N Cfl o z v o 11 co a. 3 o I.) 0 c _. 0 a) -J O 4 _. N) cp Vf o -' w N SD o i1 0 o cX co = O 0 00 n o 2 O 3Nc�p o CO O9 ED O4 N cp -t:, 11 s. Z o 4 N (1) a)0 coo o 3 3 CD (D cD (D 0 O 0 Q Q Q CD r-t ED (DID _ (D fl) O a) O (D (D (D O ° 5• 0 �. coas 0_, CD (1), 3 3 "j --h C:t. (0 =• (0 co (0 a) CD "0 0 D CD CCD CD CD CD 0 =t SD O a) Cl) �_ (D _0 Da 0 CD -� - _, CD < < <_ < = . o a) a) (D cD rn 0 o cv FD-<• <• 0 sl —. —. z _.• c * 3 * J � F 3 J. 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(90%) Month Number of Average No. of Meters Installed Meters Purchased Days to Install Within 10 Days October 43 3.8 93.0% November 38 2.7 100.0% December 38 1.1 100.0% Totals 119 2.5 97.3% Read 400 meters per day and in the same order every month for consistent billing periods. (100%) Month Total No. of No. of Days to Average No. of Meters Read Read Meters Meter Reads/Day October 15,132 8.0 1,892 November 15,201 10.0 1,520 December 15,289 9.0 1,699 Totals 45,622 27.0 1,690 OVWU meter reading staff consists of 4 designated positions. Typically,all meters are read once per month. With 4 meter readers averaging 1,690 reads per day,the individual average is 423 meters per day during the reading cycles. During this performance period,the utility had 2 new meter readers in training. Process service work orders within 24 hours or next business day from receipt of request. (90%) Month Number of Average No. of Work Orders Done Work Orders Days to Complete Within 24 Hours October 81 1.2 87.6% November 68 1.1 91.2% December 51 1.3 90.2% Totals 200 1.2 89.7% Majority of delays resulted from customers requesting personal appointment times to discuss the problems. Complete water improvement plan review within 5 working days from date of receipt. (90%) Month Number of Average No. of Plans Reviewed Plans Reveiwed Days to Review Within 5 Days October 4 5.0 100% November 4 4.0 100% December 7 3.1 100% Totals 15 3.75 100% By the end of FY01/02 reduce the number of late performance evaluations to less than 20%. Month Number of Number of Avg.No. of Days Evaluations Evaluations Due Evaluations Given for Late Evaluation Performed Late October 1 1 0 0% November 2 1 0 0% December 2 1 0 0% Totals 5 3 0 0% * , \lix\j_EY Alli ,g-../.;:::::i:::::::::::•:::MI::::::;ii.:e:::i.::.;:::kiii;;..-,If -71iiiibi:,:-:.• AillK.V7p .)f., k.itiN6LD Atz3% Office of the Town Attorney Memo To: Chuck Sweet, Town Manager From: Dan Dudley, Town Attorney Date: January 17, 2002 Re: Performance Goals and Measures— Second Quarter, 2001/2002 Please find attached the Second Quarter 2001/2002 Performance Goals and Measures for the Legal Department. Please call if you have any questions. DLD/ca F:\Memos\Town ManageSweet PG&M 2nd Quarter.doc g W g as N Ci x 58 g W N g Cd A g M g W H g c.n � o 0 A cn - ',:::%:' r, M O O N ' N O\ O\ 00 O\ M Z - - 00 Ck W W A W g 4 4e • E"'' N c o 0 g c Or \ \ \ ' 4 o o o ,,4 N E. M O O O O O O d �.-- o\ o\ to o\ Z Z — , 00 O W o 15© W cri •v v v t 0.) 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CA i) ',71 c,f3 --/ ct cal ---/ cid, -5, .. u —c:1 P., `1) c-) kr) 00 cn W (1) a) ct a, a) c,3 o aa) II - •0a) U U O bID .�a) a) cS u Cr-, N M �' s-., s'- U 1. 4 U -id rte-' o O O - O H H w DEPARTMENT OF PUBLIC WORKS 2001/02 PERFORMANCE GOALS AND MEASURES QUARTERLY REPORT DIVISION GOAL 15T Qtr 2nd Qtr 3rd Qtr 4th Qtr All % of on time 100% 40% performance reviews _ Engineering Deliver projects not to Average Average exceed 15% over Project 5% Project 8% contract cost under under Project designs All projects All projects completed within 18 on on months of contract schedule schedule award , Complete 90% of 86% 100% HURF CIP projects completion completion within the budgeted for 00/01 for 01/02 to year date Complete major Projects N/A construction projects under within 15 months after design contact approval Planning Complete Town wide 20% 100% safety analysis report complete complete by 12/2001 TC SS Provide annual 30% 85% Bike/Ped report to TC complete complete by 5/2002 Update 5 year 25% No change Strategic Financial complete due to Plan biannually, report program due 3/2002 manager resignation r Attend 90% of 100% 100% assigned PAG meetings Development Complete 3 working 2.9 Review Development Plan days working review within 5 days working days Improvement Plan 8.5 9.1 review, first submittal, working working with 10 working days days days Revised submittals- 5 2.8 4.9 working days working working 1 days days Grading Plan review— 2.9 per day 3.4 per day 4 per day Street & Complete road average- average Building service requests 9.4 days 6.75 days Maintenance within 14 calendar days Achieve 90% 92% 95% customer satisfaction by customer surveys Complete 90% of average- Average- facility service 1/day 2/day maintenance requests within 5 working days Transit All drivers to have 40 100% 100% Services hrs of combined classroom and driving training at the time of hire All drivers certified in 100% 100% CPR at time of hire All drivers receive 100% 100% annual training in fire extinguisher operation All drivers subject to 100% 100% periodic random alcohol and drug testing per FTA guidelines 100% of all trips 100% 100% scheduled and confirmed by 5:00 PM of the previous working day Maintain the cost per 100% 100% trip at $25.00or less Farebox revenue 100% 100% provides 10% of expenditures 2 Stormwater Drainage Plan review 100% 100% Utility — 7 working days Complete revised 75% 90% Floodplain Ordinance complete complete by 9/30/01 Drainage Manual 75% 95% adoption by 8/01/01 complete complete, in final review NPDES Data ready On On for permit by 12/31/01 schedule schedule, AZDEQ developing draft municipal permit 3 ikk ORO VALLEY POLICE DEPARTMENT FY 2001 - 2006 STRATEGIC PLAN AGENCY STRENGTHS AGENCY WEAKNESSES • Community support • Technology- Lack of personnel • Quality personnel • Space • Teamwork • Lack of communication • Reputation • Budget constraints • Commitment • Equipment • Facilities/Equipment • Compensation • Value-driven standards • Training facilities • Partnerships ♦ No internal mixed training • Diversity ♦ Resistance to change • Leadership • Apathy and morale • Vision ♦ Resistance to delegate • Volunteers ♦ Micro-management ♦ Training • Community/Department demographics AGENCY THREATS AGENCY OPPORTUNITIES ♦ Complacency • Strong economy • Growth ♦ Community support/involvement • Maintaining staffing ♦ Community trust • Economy ♦ Political support • Unforeseen event ♦ Grants • Competition for resources • Continuing education training ♦ Negative perceptions • Networking • Changing political priorities ♦ Growth PLANNING ASSUMPTIONS 1. First and Oracle by 2005 is projected to handle 90,000 vehicles per day (@ 50,000 in 2000) 2. Growth in staff, facilities, etc. (decentralization of facilities) 3. Opening of second high school 4. Reorganization of Department 5. Annual call load growth - 11% 6. Increase in annual investigative follow-up - 20% 7. Population in 5 years at 40,000 8. Annexation to increase patrol area 9. Demands for service increase Oro Valley Police Department Strategic Plan 01/16/2002 adjusted Page 1 of 14 IMPACT ON FUTURE PLANS • Diversity of population • Community resources • Internal growth • Maintain full staff • Recruiting • Examples to other agencies • Developing relationships with other agencies • Raised expectations • Advanced technology • Public perception • Town identity • Annexations • Behavior/attitude modification • Stay proactive versus reactive • Increase professional image • Employee empowerment • Pilot new programs - take risks • Technology Interaction(web site) • Maintain low crime rate AGENCY GOAL SUMMARY Goal 1 To ensure public safety in Oro Valley, first and foremost. Goal 2 To attract and retain exemplary employees with outstanding abilities, uncompromising integrity, and a strong work ethic. Goal 3 To improve organizational effectiveness and community partnerships through enhanced communication. 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H i...), .+7,4 C..) _., 0 C:10 09 p.p.-4 •'''.4 • r., U U ^ '^-' E-q U 4 U cci o• ma; • N � � Q � W p � � p � ►-� o �tut) 0 r240 � �' 0 0 'r' 0 0 0 v) o W N * a1 H U U CZ v� .D Q „ • " o >, = a a •• 7.' Via' 7, � � '� � � � 'er N � � ° o ►� o o U >, O NU ct O 4 ►� U 0 U U P4 •r• m +9 WN a3 c:,, MEMORANDUM A TO: Chuck Sweet, Town Manager *' FROM: Jeff Grant, Human Resources Director;; / DATE: January 17, 2002 am` SUBJ: FY 01-02 Second Quarter Performance`� easures Three of the annual goals had benchmarks during the first quarter. The Goals and the relative Performance were: Goal: Develop Audit procedures that focus on the measurement of current human resource service levels by September 30, 2001. These will subsequently be utilized and monitored through March 31, 2002 for use in future planning. Performance: Audit parameters were developed using SHIM and IPMA best practices standards during first quarter. Introduction was delayed through 1Q pending validation of parameters. These will be further refined and introduced as a questionnaire during 1Q to all internal and external clients of the Human Resources Department. The results will be analyzed during the balance of the year for use in developing ongoing goals in future FY's. Goal: Fill 90% of all jobs within 60 days of the initiation of open personnel requisitions. Performance: During the quarter, 15 open requisitions were filled. 11 (73%) were filled in less than 60 days. The average duration of the 15 requisitions was 46.8 days, while the four that took longer than 60 days averaged 64.2 days each. Goal: By end of FY 2001-02 reduce the number of late performance evaluations by <20%. Performance: During the 2Q, 75 reviews should have been conducted, counting those which were past due and carried forward from earlier periods. 3 were conducted early or on time, yielding 72 late reviews (96 % of all reviews). Of the 72 late reviews, 45 were conducted an average of 49.7 days late. The remaining 27 were due during the 2Q and are currently past due. Goal: Develop and expand a new employee orientation that includes departmental presentations and an overview of Town objectives. (To be developed by December 31, 2001, and conducted quarterly in 3Q and 4Q of FY 2001-02). Performance: A preliminary plan has been developed and will be refined for introduction during the quarter. r• Goal: Conduct quarterly in-house management training programs beginning October 1, 2001. Performance: The first training exercise was originally scheduled for December, 2001 and was shifted to January because of the trainer's availability. The session on Harassment was eventually held January 17, 2002. Another event will be scheduled for FY 2001-02 3Q. Goal: Develop and produce monthly HRIS-driven management reports by December 31, 2001. Performance: The reports have been designed in draft form and will be reviewed with the Department Heads for functionality and usability during 3Q. 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O = N Cr 0 y `� - cn' Ca- - 0 - ZZZZ 0 cA N y > CD- O O O > > > > © -- o o C o C� 0• 0 0 0 N CD 0 4ca. p; >a PC c H al. O C11 y cA c c 6' tii CA n O O O > > O 00 0 O O O \ o O - ,p o cm © aCD n H �• C'll o CA w AD z 0 5 o y C a AD C4 CD . , n -� - o = n - a H Ct TOWN OF ORO VALLEY ,OUNCIL C OMMUNI CATI ON MEETING DATE:February 6,2002 TO: HONORABLE MAYOR&COUNCIL FROM: Robert Jacklitch Project Manager,Oro Valley Water Utility SUBJECT: Resolution (R) 02-04 A Resolution of the Town of Oro Valley, Pima County, Arizona Authorizing No.and Approving a Contract with R S Engineering for Professional Engineering Design for 16-Inch South GZone Main. SUMMARY: This ect• roprovidesprofessional engineering design to install approximately 10,600 linear feet of 16-inch • p � and First Avnue to a southerly main. This project will extend the C zone system i n the vicinity of Lambert Lane location near El Y Conquistador Way. It will extend service and fire protection along Oracle Road corridor to several commercial properties. project This is identified in the Oro Valley Water System Master Plan and in the first year of the five-year capital improvement plan. The Oro Valley Water Utility(OVWU) requested Statement of Qualifications from multiple engineering f inns. The OVWU staff rated the firm's project es cap abilitiunderstanding, approach, project team and d firms capabilities. Staff selected R S Engineering and negotiated a contract fee of$164,995 for Professional Engineering Design Service. FISCAL IMPACT:Funds are identified in the 2001-2002 year budget. RE COMMENDATIONS: Staff respectfully recommends award of this contract to R S Engineering through the adoption of the attached Resolution(R) 02- 04 , ATTACHMENTS: EXHIBIT# 1 Resolution No. (R) 02-04 SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve the Resolution (R) 02 -04 Authorizing and Approving a Contract with R S Engineering for Professional Engineering Design for 16-Inch South C Zone Main. Or I move to V a Project Manag 7 .________./._ 14_ 1:2 ,iatr6ilityDir; tor / Kl / ' ♦ Town Manager EXIIIBIT #1 PL1-EY • ,fU etc .'j�ti • <H,-� i X.:'•^"''i�:r,',�SL .!'�: ^LS'isi+%Sip. ,,,� 2%� i. NDED RESOLUTION NO. (R) 02-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND R S ENGINEERING FOR PROFESSIONAL ENGINEERING DESIGN FOR 16-INCH SOUTH C ZONE MAIN. WHEREAS, the TOWN OF ORO VALLEY is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights, privileges, benefits, and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit A and incorporated herein by this reference, with R S Engineering, and that Mayor and Council of the Town of Oro Valley, authorize and approve the Contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract (attached hereto as Exhibit A) between the Town of Oro Valley, Arizona, and R S Engineering is authorized to be signed. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of February , 2002 TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney ._ . • J • EXHIBIT A . • • ,- . . Contract p.A..LEY Apo, . , ,,,r,vt ,,,...J, -ii-i-,,-i2,;;,::.71::4'.!:t„ 7 �f :',, .= z.,r.,,,— �z,-:...;;. ti,., •ate -.♦4♦. ` 1 b fv-G. y�"yC T �1..,,,s,--.:1.•,:-- P zl is_r•',�.'y,1..'',,yea F•'.{,_�_.i^ '.•z' j"'7-&-:Z14-,' - -: <. lb- '-:.-''''''''°':ti1:17HD 1°1 A n , • J `�P LEY q '/<C O LADED AGREEMENT FOR ENGINEERING SERVICES PROJECT TITLE: Professional Engineering Design for 16-Inch South C Zone Main. PROJECT NO.: OVWU01/02 05 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation, hereinafter called the TOWN and R S Engineering hereinafter called the ENGINEERING CONSULTANT. WITNESSETH: THAT WHEREAS,the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Charter to execute contracts for Professional Services; NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the TOWN and the ENGINEERING CONSULTANT as follows: SECTION I—DESCRIPTION OF PROJECT This project is to provide professional engineering design service to extend our"C" zone system approximately 10,600 linear feet from the vicinity of Lambert Lane to a southerly location near El Conquistador Way. SECTION II—SCOPE OF SERVICES See R S Engineering proposal January 18,2002. Attachment "B" This project shall set aside 1% of the construction cost for the public art. SECTION III—PAYMENT SCHEDULE The negotiated fee process shall be utilized for this contract. For services described in Section II of this Agreement, the TOWN shall pay the ENGINEERING fee as negotiated. Payment shall be made monthly on the basis of progress reports. An Application and Certification for Payment Sheet must be provided. In addition,the following must also be included: a clear, detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project; any/all backup documentation supporting the above items. Work schedule updates will be included in the monthly progress payment requests. SECTION IV—PERIOD OF SERVICE Following receipt of a `Notice to Proceed" with the work, the ENGINEERING CONSULTANT shall complete all services described in Section II within 180 calendar days after `Notice to Proceed" is issued by the TOWN. In the event delays are experienced beyond the control of the ENGINEERING CONSULTANT, the completion date may be extended as mutually agreed upon by TOWN and the ENGINEERING CONSULTANT. SECTION V—APPROVALS All work shall be subject to the approval by the Oro Valley Water Utility. ENGINEERING CONSULTANT agrees to exercise the skill and care which would be exercised by comparable professional engineers performing similar services at the time and in the locality such services are performed. If the failure to meet these g standards results in faulty work, ENGINEERING CONSULTANT shall undertake at its own expense, the corrective adjustments or modifications. SECTION VI—REPORTING Written monthly reports, along with updated work schedules, will be made by the ENGINEERING CONSULTANT in the formatrescribed bythe TOWN. These reports will be delivered to the TOWN no later than the 5th of the following month. p When requested by the TOWN, the ENGINEERING CONSULTANT will attend Council meetings and provide finished documents including correspondence for Council action,supporting charts,graphs drawings and colored slides of same. SECTION VII—LIABILITY See Attachment A SECTION VIII—AMENDMENTS Whenever a change in the scope of work contemplated in this Contract is determined to be necessary, the work will be performed in accordance with the Contract provided,however,BEFORE such work is started, a Contract Amendment shall be executed by the TOWN and the ENGINEERING CONSULTANT. Additions to, modifications of, or deletions from the project provided herein may be made and the compensation to be paid to the ENGINEERING CONSULTANT may be adjusted accordingly by mutual agreement of the contracting parties. It is agreed that no claim for extra work by the ENGINEERING CONSULTANT will be allowed by the TOWN except as provided herein, nor shall the ENGINEERING CONSULTANT do any work not covered by this agreement unless such work is authorized through an executed amendment. SECTION IX—TERMINATION The TOWN and the ENGINEERING CONSULTANT hereby agree to the full performance of the covenants contained herein, except that the TOWN reserves the right, at its discretion,to terminate or abandon the service provided for in this Contract or abandon any portion of the project for which services have been performed by the CONSULTING ENGINEER. A. In the event that the TOWN shall abandon the services or any part of the services herein provided, the TOWN shall notify the ENGINEERING CONSULTANT in writing and immediately after receiving such notice, the ENGINEERING CONSULTANT shall discontinue advancing the work under this Contract and shall proceed to close such operations. B. Upon such termination or abandonment, the ENGINEERING CONSULTANT shall deliver to the TOWN all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the TOWN. C. The ENGINEERING CONSULTANT shall apprise the work he has completed and submit his appraisal to the TOWN for evaluation. D. The ENGINEERING CONSULTANT shall receive as compensation in full for services performed to date of such termination, a fee for the percentage of work actually completed. This fee shall be a percentage of the ENGINEERING CONSULTANT fee described in this Contract under Section III and shall be in the amount to be agreed mutually by the ENGINEERING CONSULTANT and the TOWN. The TOWN shall make this final payment within sixty (60) days after the ENGINEERING CONSULTANT has delivered the last of the partially completed items. SECTION X—LIQUIDATED DAMAGES If the work to bep erformed by the ENGINEERING CONSULTANT under Section II of this agreement is not completed when agreed, the ENGINEERING CONSULTANT shall pay to the TOWN $500.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the TOWN would sustain.The scheduled completion date for terminating liability for liquidated damages shall be 360 consecutive days from the effective date of TOWN'S "Notice to Proceed" to ENGINEERING CONSULTANT. For thep urpose of determining liquidated damages,if any,completion time shall be extended only when delay in completion of the work by the ENGINEERING CONSULTANT results from an unforeseeable cause beyond the control and without the fault or negligence of the ENGINEERING CONSULTANT. SECTION XI—ARBITRATION OF DISPUTES Any dispute arising under this contract which is not settled by the TOWN and the ENGINEERING CONSULTANT may upon mutual agreement of the parties be decided by an Arbitration Board composed of a representative of the TOWN,a representative of the ENGINEERING CONSULTANT, and a representative mutually acceptable to the TOWN and the ENGINEERING CONSULTANT. The TOWN, however, reserves its rights as set forth in Title 12, Chapter 9, Article I of the Arizona Revised Statutes. The ENGINEERING CONSULTANT shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Nothing herein shall be deemed to require arbitration except at the TOWN's discretion. SECTION XII—OWNERSHIP OF DOCUMENTS All documents, including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to be, and remain the property of,the TOWN. The ENGINEERING CONSULTANT shall furnish the TOWN, upon its request, originals or reproducible of technical specifications and copies of all other documents listed above. The ENGINEERING CONSULTANT shall endorse, by his professional seal,all plans and engineering data furnished by him. SECTION XIII—NO KICK-BACK CERTIFICATION The ENGINEERING CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the TOWN has an interest, financial or otherwise,in the ENGINEERING CONSULTANT firm. For breach or violation of this warranty, the TOWN shall have the right to annul this Contact without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XIV—CONFLICT OF INTEREST The ENGINEERING CONSULTANT stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself,its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract. Pursuant to A.R.S. Section 38-511, the TOWN may cancel this contract within three (3) years after its execution, without penalty or further obligation by the TOWN if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Town of Oro Valley is, at any time while the contract is in effect, an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract SECTION XV—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties hereto; and it shall extend to and be binding upon the heirs,executors,administrators,successors,and assigns of the parties hereto. The ENGINEERING CONSULTANT may assign money due to him under terms of this Contract to a banking or lending institute. The TOWN shall assist the ENGINEERING CONSULTANT in performing the assignment by testifying to the progress of the work as may be required. IN WITNESS WHEREOF,the parties have hereunto subscribed their names this day of , 19 . TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: By: By: (Title) ATTEST: ATTEST: (If Corporation) 01 ill:4 Secretary r WI APPROVED AS TO FORM: WITNESS: (If Individual or Partnership) Town Attorney ,LLEY q,i` x` , .141:'-'47-:::':':!::*-4:141":"..1.'.4-1:1...'-11:..]..,r.z.lti-7:'''14....4.'''.19P':14.:;"'-'''';'":-17:-:4'7"2-;—:i'si:.1.-:-'7%:-:::::11‘-'t*--- ' •,y te._. r 1:«,,s'.: ',. ,Y • UNDER ATTACHMENT A To contract . . , r ATTACHMENT A The ENGINEERING CONSULTANT agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 • Comprehensive General $1,000,000-Bodily Injury Liability insurance Combined Single Limit (including ding blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(N ) Combined Single Limit The ENGINEERING CONSULTANT will provide satisfactory certificates on the required insurance coverage before beginning work All policies will contain an endorsement providing that written notice be given to the TOWN at least thirty (30)calendar days prior to termination,cancellation,or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully filled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five(5)work days prior to expiration date. Each certificate shall include project description,and project number and the signed acknowledgement of the insurance company. The Town of Oro Valley will be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General,Automobile,and Excess Liability are primary over any insurance available to the TOWN and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, ENGINEERING CONSULTANT agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees individually and collectively;from all losses, claims, suits,actions,payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the ENGINEERING CONSULTANT or of any subcontractor employed by the ENGINEERING CONSULTANT (including bodily injury and death)or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the ENGINEERING CONSULTANT for the work performed hereunder. Furthermore,ENGINEERING CONSULTANT agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and r Council, appointed boards and commissions, officials, officers, employees individually and collectively; against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the ENGINEERING CONSULTANT. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph.- In regard to General,Automobile,and Excess Liability,the ENGINEERING CONSULTANT agrees to indemnify,defend and save harmless the Town of Oro Valley, its.Mayors and Council, appointed boards and`commissions, officials, officers, employees, individually and collectively;from all losses, claims, suits,actions,payments and judgments, demands,expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the ENGINEERING CONSULTANT or any subcontractor employed by the ENGINEERING CONSULTANT (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the ENGINEERING CONSULTANT for the work to be performed hereunder,except any injury or damages arising out of the sole negligence of the TOWN, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley,its Mayors and Council,appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. ACORD CERTIFICATE OF LIABILITY INSURANC ID L$ DATE(MINDOIYY) -TM SENG-1 12/04/01 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 'Mueller & Associates, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2127 E. speedway, PO Box -43850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tucson AL 85733-3850 Phone:520-881-5760 Fax:520-32S-3757 INSURERS AFFORDING COVERAGE INSURED INSURER A: Northern Insurance Co of Ng INSURER 5: R S Engineering, Inc. INSURER C: 2445 North Tucson Blvd. INSURER!): Tucson AZ 85719 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED:NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LINS TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY) DATE(MWDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $10 00 0 0 0 A X COMMERCIAL GENERAL LIABILITY PA234861543 05/01/01 05/01/02 FIRE DAMAGE(Any one fire) $2.000000 CLAIMS MADE X OCCUR MBD EXP(Any one person( $10000 PERSONAL&AoV INJURY $1000000 GENERAL AGGREGATE 1 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: .. PRODUCTS-COMP/OP AGG $2000000 POLICY PRO- JECT LOC /Crap Ben. 1000000 • AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT A X ANY AUTO PAS34861543 05/01/01 05/01/02 (Es accident) 10x0000 ALL OWNED AUTOS - BODILY INJURY SCHEDULED AUTOS (Per person) • HIRED AUTOS BODILY INJURY (Per accident) fi NON-OWNED Autos r- dr PROPERTY DAMAGE (Per occident) ' GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC ; I , ,AUTO ONLY: AGG ; EXCESS LIABILITY EACH OCCURRENCE $2000000 '/ A OCCUR CLAIMSMACE PAS34861543 05/01/01 05/01/02 AGGREGATE • ;2000000 , DEDUCTIBLE $ X RETENTION $0 $ WC STATU- DTH- WORKERS COLVENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE I); E.L.DISEASE-POLICY LIMIT ; OTHER . DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The Town of Oro Valley is additional insured under general liability with respect to work performed on their behalf by the named insured for Project #0115 16-inch South C-Lone Main . CERTIFICATE HOLDER I Y ADomONAL INSURED;INSURER LETTER: CANCELLATION QROVA-2 SHOULD ANY OF TI-E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Oro Valley Water Utility IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N La Canada %IDOro Valley AZ 85137 REPRESENTATIVES_ I ,e. '!"erle.44,21.4____, ACD RD 25-S(7197) vs1...vMLA..,trzr.%ai.,Iiv41l'1988 'CER ACOli'D CERTIFICATE OF LIABILITY lNSURANC1D L8 DATEIMHUDDNY) TM SENG-1 12/04/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1dueller & Associates, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2127 E. Speedway, PO Box 43850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tucson AZ 85733-3850 Phone:520-881-5760 Fax:520-325-3757 INSURERS AFFORDING COVERAGE INSURED INSURER A: continental casualty company INSURER 5: R 5 Engineering, Inc. INSURER C: 2445 North Tucson Blvd. INSURER 0: Tucson AZ 85719 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11,1814.' POLICY EFFECTIVE POLICY EXPIRATION TYPE OF iNSURAMG>= POLICY NUMBER LTR DATE(MM/DDIYYI DATE(MWDCfYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE 7 COMMERCIAL GENERAL LIABILITY' FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR IJED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE GEM_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWI D AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) • HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO OM..Y-EA ACCIDENT ANY AUTrJEA ACC OTHER THAN AUTO ONLY: AGG $ 1 EXCESS LIABILITY EACH OCCURRENCE OCCUR CLAIMS MACE AGGREGATE DEDUCTIBLE F RETENT1ON $ WC STA1 U- -0-11+ WORKERS COMPENSATION AND TORY LIMITS , ER • EMPLOYERS'LIABILITY • EL.EACH ACCIDENT ; E.L.DISEASE-EA EMPLOYEE $ • • E.L.DISEASE-POLICY LIMIT ; OTHER:sj A Professional AEN006095787 05/01/01 05/01/02 Per Occur 1000000 Liability (E&O) • Gen Aggre 2000000 DESCRIPTION OF OPERATIONSrLOCATIONSNEHIGLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LEITER: CANCELLATION QROVA-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Oro Valle ?ter Utility ltd IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N La Canada Oro Valley AZ 85737 REPRESENTATIVES. -J -- A ACO RD 25-3(7197) 111 .....r,.MI.V 191311 LIABILITY INSUN ID 1B DATEIMMIDDIY�, �, T�� TOFs G-1 1.20401 PRODUCER THIS CERTIFICATE IS hSSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Mueller & Associates, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2127 E. Speedway, PO Box 43850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tucson AZ 85733-3850 Phone:520-881-5760 Fax:520-325-3757 INSURERS AFFORDING COVERAGE INSURED INSURER A. American Manufacturers INSURER 8: R S Engineering, Inc, INSURER C: 2445 North Tucson Blvd. INSURER D: Tucson AZ 85719 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION iNLTR TWE OF INSURANCE POLICY NUMBER • DATE(MM/DD/W] DATE(MM/DDIYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Ant one fire) $ CLAIMS MADE OCCUR MBD EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE - $ C-EML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ o. POLICY jEC•- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY I SCHEDULED AUTOS (Per person) • HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY,auToEq ACC $ OTHER TI-IAN , AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE J # RETENTION $ $ • WC b 1 A I U- O I H- t WORKERS COWENSATIaN AND TORY LIMITS ER VAEI�IPLOYERB'LlAB111TY 7CQ286073-07 05/01/01 05/01102 E.L.EACH ACCIDENT ; 1.000000 E.L.DISEASE-EA EMPLOYEE $ 1000000 E.L.DISEASE-POLICY LIMIT" ; 1000000 OTHER DESCRIPTION OF OPERATIONSILOCAl7ONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS • • CERTIFICATE HOLDER N ADORIONAL INSURED;INSURER LETTER: CANCELLATION OROVA-2 SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Oro Valley Water Utility IMPOSE NO OBLIGATION OR LIABILITY OF ANY FGND UPON THE INSURER,ITS AGENTS OR 11000 N La Canada Oro Valley AZ 85737 L. REPRESENTATIVES. ite)-2.4.ze,„ 1 _ ACORD 25-S(7197) Ved mu. tw.V 1922 ( LLEY q �PRid O ,F O rt 7 11° ;:,• a„ �� s b `E Y " --srot✓. y `,�sn LADED ATTACHMENT B R.S.Engineering Proposal E EE at [1 k CONSULTING ENGINEERS January 18, 2002 Oro Valley Water Utility 11000 N.La Canada Drive Oro Valley,Arizona 85737 Attn: Robert Jacklitch Re: 16-inch South C-Zone Main Dear Bob: R S Engineering is pleased to submit this revised proposal for civil engineering and surveying services for the above-referenced project. R S Engineering will provide civil engineering and surveying services for the design of a new C-Zone 16-inch transmission main to be constructed along Lambert Lane from Avenida Vallejo to First Avenue then southeast along First Avenue to Oracle Road and southerly along Oracle Road to a booster station east of Oracle Road and north of El Conquistador Way to an existing booster station.These services will include: • Coordination with the Town of Oro Valley Department of Public Works as to alignments and design of roadway improvements for Lambert Lane,First Avenue, Pusch View Lane and Oracle Road. • Design survey,including identification of easements and topographic features of the selected alignment, identification of property ownership and provision of up to two legal descriptions as required for easement acquisition. • Provision of geotechnical investigations,environmental investigations(archaeological and environmental determination),hydrological and scour analysis of the alignment for use in route selection and water line profile design. • Design of a scheme to suspend the new transmission main on the First Avenue Bridge over the Canada del Oro Wash, as a part of the design and preparation of construction documents(plans, specifications and estimates) for the South C-Zone main—approximately 10,600 linear feet. • Coordination with the Oro Valley Department of Public Works and Arizona Department of Transportation for required approvals for construction within public rights-of-way. • Assistance to the Oro Valley Water Utility during the bid period and answer all bid related questions, answer project addenda(as required), and attend the public bid opening for the project. • Witness of testing and disinfection of the water main,prepare as-built plans and certifications for submittal to Arizona Department of Environmental Quality(ADEQ).Day-to-day inspection will be completed by your staff. We anticipate a design schedule of six months from notice-to-proceed to final plan submittal to Oro Valley Water Utility.This schedule is based on the assumption that we will have three submittals and a seven-day review turnaround by Oro Valley Water Utility. 2445 N. TUCSON BLVD. g e-mail: rse@rsengineering.com PHONE: (520) 791-3933 TUCSON, AZ 85716 http://www.rsengineering.com FAX: (520) 791-9405 16-inch South C-Zone Main January 18, 2002 Page 2 The above services will be provided for a lump-sum fee of$164,995.00. Not included in this proposal are construction period services,construction staking, landscape design, materials testing, NPDES permits,traffic studies,permit fees,review fees, and reproduction costs beyond our in-house needs. Should additional services be required that are not covered by this contract letter,prior to commencement of work, you will be notified in the form of a contract letter which will specify the services to be performed. This proposal is valid for a period of 30 days from the date shown. You will be billed monthly or bi-monthly and invoices are due and payable upon receipt. Invoices not paid within 30 days of the date rendered will be assessed a finance charge of one percent per month, or fraction thereof, for each month beyond 30 days past due. Invoices not paid within 60 days will result in R S Engineering stopping work until such invoices rendered are paid in full. Invoices not paid within 90 days of the date rendered will be referred for collection. Claims disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for arbitration shall be filed with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. If you are in agreement with the above,please sign below. The signed original of this letter agreement will be required prior to the commencement of any work on this project. Sincerely, R ENGINEERING,INC. , (7,..... ,/ Robert M. Suarez, P.E. President RBA/RMS/cl ACCEPTED AND AGREED TO: Oro Valley Water Utility By: Printed Name: Title: Date: E:\6446\PropLetr\0501 1048-1051\1048c southczone.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 6,2002 TO: HONORABLE MAYOR&COUNCIL FROM: Robert Jacklitch Project Manager,Oro Valley Water Utility SUBJECT: Resolution No. (R) 02- 05 A Resolution of the Town of Oro Valley, Pima County, Arizona Authorizing and Approving a Contract with R S Engineering for Professional Engineering Design for Tangerine Road"E" Zone Main Alterations and Replacement. SUMMARY: R S Engineering is coordinating with the Public Works Department and their consultant Catalina Engineering who is designing the widening of Tangerine Road.This project provides professional engineering to redesign our existing"E" zone transmission main from First Avenue to La Canada Drive.The design documents will be included in the Tangerine Road project.This request is identified in the first year of the five-year capital improvement plan and in the current year budget. The Oro Valley Water Utility (OVWU) requested Statement of Qualifications from multiple engineering firms. The OVWU staff rated the firm's capabilities on project understanding, approach, project team and firms capabilities. Staff selected R S Engineering and negotiated a contract fee of$181,665 for Professional Engineering Design Service. FISCAL IMPACT: Funds are identified in the 2001-2002 year budget. ZECOMMENDATIONS: Staff respectfully recommends award of this contract to R S Engineering through the adoption of the attached Resolution (R) 02- 05 ATTACHMENTS: EXHIBIT#1 Resolution No. (R) 02-05 SUGGESTED MOTION:The Mayor and Council may wish to consider one of the following motions: I move to approve the Resolution (R) 02 -05 Authorizing and Approving a Contract with R S Engineering for Professional Engineering Design for Tangerine Road "E" Zone Alterations and Replacement. Or I move to . (') ,( - -- 1,7 ---(42e` Project M, ,ger 174.--. , 4 : . 'ity Dir• ti . / i/ ...• •/ i , . it 1 Town Manager EXHIBIT 1 PLLEY,q,�! :-,I'tP,/p �;'''' rpt. ' '•- rr ` o- ` ' ..42.0:ric*_,'-ii'''',-4.P;)7 tis4 , 3 k. N. k �-a 1...,1...f..-.‘:� �r z � 1 cM4F "4y 3 .gyp -.=,:. ��NDED A91 z RESOLUTION NO. (R) 02- 05 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA AUTHORIZING AND APPROVING A CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND R S ENGINEERING FOR PROFESSIONAL ENGINEERING DESIGN FOR TANGERINE ROAD "E" ZONE MAIN ALTERATIONS AND REPLACEMENT. WHEREAS, the TOWN OF ORO VALLEY is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights, privileges, benefits, and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit A and incorporated herein by this reference, with R S Engineering, and that Mayor and Council of the Town of Oro Valley, authorize and approve the Contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract (attached hereto as Exhibit A) between the Town of Oro Valley, Arizona, and R S Engineering is authorized to be signed. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of February , 2002 . TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney EXHIBIT A Contract PL_EY AAD, O ..,41-v �j,J'�br�� ,.ei.c c`t ,�":9,r 7d7,C rr,fit t t ��' Kx ya3sa :i � � t,+r�ah .7 • • ..a • pc UNDED } SP EY qR,� O LJ 1 -41 �lVDED�9 AGREEMENT FOR ENGINEERING SERVICES PROJECT TITLE: Professional Engineering Design for Tangerine Road "E" Zone Main Alterations and Replacement. PROJECT NO.: OVWU01/02 06 This contract is made and entered into by and between the Town of Oro Valley, a municipal Corporation, hereinafter called the TOWN and R S Engineering hereinafter called the ENGINEERING CONSULTANT. WITNESSETH: THAT WHEREAS,the Mayor and Town Council/Town Manager of the Town of Oro Valley are authorized and empowered by the revisions of the Town Charter to execute contracts for Professional Services; NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the TOWN and the ENGINEERING CONSULTANT as follows: SECTION I—DESCRIPTION OF PROJECT This project is to provide professional engineering design service to alter and replace our existing E-zone main on Tangerine Road from First Avenue to LaCanada Drive. SECTION II—SCOPE OF SERVICES See R S Engineering proposal January 17,2002.Attachment "B" This project shall set aside 1% of the construction cost for the public art. SECTION III—PAYMENT SCHEDULE The negotiated fee process shall be utilized for this contract. For services described in Section II of this Agreement, the TOWN shall pay the ENGINEERING fee as negotiated. Payment shall be made monthly on the basis of progress reports. An Application and Certification for Payment Sheet must be provided. In addition, the following must also be included: a clear, detailed invoice reflecting items being billed for, a summary sheet showing percentage of work completed to date, amount/percent billed to date and current status of all tasks within the project; any/all backup documentation supporting the above items. Work schedule updates will be included in the monthly progress payment requests. SECTION IV—PERIOD OF SERVICE Following receipt of a "Notice to Proceed" with the work, the ENGINEERING CONSULTANT shall complete all services described in Section II within 120 calendar days after "Notice to Proceed" is issued by the TOWN. In the event delays are experienced beyond the control of the ENGINEERING CONSULTANT, the completion date may be extended as mutually agreed upon by TOWN and the ENGINEERING CONSULTANT. . . . SECTION V—APPROVALS All work shall be subject to the approval by the Oro Valley Water Utility. ENGINEERING CONSULTANT agrees to exercise the skill and care which would be exercised by comparable professional engineers performing similar services at the time and in the locality such services are performed. If the failure to meet these standards results in faulty work, ENGINEERING CONSULTANT shall undertake at its own expense, the corrective adjustments or modifications. SECTION VI—REPORTING Written monthly reports, along with updated work schedules, will be made by the ENGINEERING CONSULTANT in the format prescribed by the TOWN. These reports will be delivered to the TOWN no later than the 5th of the following month. When requested by the TOWN, the ENGINEERING CONSULTANT will attend Council meetings and provide finished documents including correspondence for Council action,supporting charts,graphs drawings and colored slides of same. SECTION VII—LIABILITY See Attachment A SECTION VIII—AMENDMENTS Whenever a change in the scope of work contemplated in this Contract is determined to be necessary, the work will be performed in accordance with the Contract provided,however,BEFORE such work is started,a Contract Amendment shall be executed by the TOWN and the ENGINEERING CONSULTANT. Additions to, modifications of, or deletions from the project provided herein may be made and the compensation to be paid to the ENGINEERING CONSULTANT may be adjusted accordingly by mutual agreement of the contracting parties. It is agreed that no claim for extra work by the ENGINEERING CONSULTANT will be allowed by the TOWN except as provided herein, nor shall the ENGINEERING CONSULTANT do any work not covered by this agreement unless such work is authorized through an executed amendment. SECTION IX—TERMINATION The TOWN and the ENGINEERING CONSULTANT hereby agree to the full performance of the covenants contained herein, except that the TOWN reserves the right, at its discretion,to terminate or abandon the service provided for in this Contract or abandon any portion of the project for which services have been performed by the CONSULTING ENGINEER. A. In the event that the TOWN shall abandon the services or any part of the services herein provided, the TOWN shall notify the ENGINEERING CONSULTANT in writing and immediately after receiving such notice, the ENGINEERING CONSULTANT shall discontinue advancing the work under this Contract and shall proceed to close such operations. B. Upon such termination or abandonment, the ENGINEERING CONSULTANT shall deliver to the TOWN all drawings, notes, calculations, sketches and other materials entirely or partially completed, together with all unused materials supplied by the TOWN. C. The ENGINEERING CONSULTANT shall apprise the work he has completed and submit his appraisal to the TOWN for evaluation. D. The ENGINEERING CONSULTANT shall receive as compensation in full for services performed to date of such termination, a fee for the percentage of work actually completed. This fee shall be a percentage of the ENGINEERING CONSULTANT fee described in this Contract under Section III and shall be in the amount to be agreed mutually by the ENGINEERING CONSULTANT and the TOWN. The TOWN shall make this final payment within sixty (60) days after the ENGINEERING CONSULTANT has delivered the last of the partially completed items. SECTION X—LIQUIDATED DAMAGES If the work to be performed by the ENGINEERING CONSULTANT under Section II of this agreement is not completed when agreed, the ENGINEERING CONSULTANT shall pay to the TOWN $500.00 as liquidated damages for each day the work remains incomplete after the scheduled completion date. This amount is agreed upon because of the impracticability and extreme difficulty of ascertaining the actual damages the TOWN would sustain.The scheduled completion date for terminating liability for liquidated damages shall be 360 consecutive days from the effective date of TOWN'S "Notice to Proceed" to ENGINEERING CONSULTANT. For the purpose of determining liquidated damages,if any,completion time shall be extended only when delay in completion of the work by the ENGINEERING CONSULTANT results from an unforeseeable cause beyond the control and without the fault or negligence of the ENGINEERING CONSULTANT. SECTION XI—ARBITRATION OF DISPUTES Any dispute arising under this contract which is not settled by the TOWN and the ENGINEERING CONSULTANT may upon mutual agreement of the parties be decided by an Arbitration Board composed of a representative of the TOWN,a representative of the ENGINEERING CONSULTANT, and a representative mutually acceptable to the TOWN and the ENGINEERING CONSULTANT. The TOWN, however, reserves its rights as set forth in Title 12, Chapter 9, Article I of the Arizona Revised Statutes. The ENGINEERING CONSULTANT shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Nothing herein shall be deemed to require arbitration except at the TOWN's discretion. SECTION XII—OWNERSHIP OF DOCUMENTS All documents, including, but not limited to, tracings, drawings, original mylars, estimates, field notes, investigations, design analysis and studies which are prepared in the performance of this Contract are to be, and remain the property of,the TOWN. The ENGINEERING CONSULTANT shall furnish the TOWN, upon its request, originals or reproducible of technical specifications and copies of all other documents listed above. The ENGINEERING CONSULTANT shall endorse, by his professional seal,all plans and engineering data furnished by him. SECTION XIII—NO KICK-BACK CERTIFICATION The ENGINEERING CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the TOWN has an interest, financial or otherwise, in the ENGINEERING CONSULTANT firm. For breach or violation of this warranty, the TOWN shall have the right to annul this Contact without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. SECTION XIV—CONFLICT OF INTEREST The ENGINEERING CONSULTANT stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself,its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract. Pursuant to A.R.S. Section 38-511, the TOWN may cancel this contract within three (3) years after its execution, without penalty or further obligation by the TOWN if any person significantly involved in initiating,negotiating, securing, drafting or creating the contract on behalf of the Town of Oro Valley is, at any time while the contract is in effect, an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract SECTION XV—ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties hereto; and it shall extend to and be binding upon the heirs,executors,administrators, successors,and assigns of the parties hereto. The ENGINEERING CONSULTANT may assign money due to him under terms of this Contract to a banking or lending institute. The TOWN shall assist the ENGINEERING CONSULTANT in performing the assignment by testifying to the progress of the work as may be required. IN WITNESS WHEREOF,the parties have hereunto subscribed their names this day of , 19 TOWN OF ORO VALLEY: ENGINEERING CONSULTANT: By: By: 1(1)4 j(k. ---0 4/V-61:1219`4--- (Title) ATTEST: ATTEST: (If Corporation) //C r Secretary r �I APPROVED AS TO FORM: WITNESS: (If Individual or Partnership) Town Attorney • NS P�LEY A,i( N At',5' -isit,Atr10.frk&V :..--L's*14-14*-kk-7 .c �. : .-:,.,,-„,, ,;.,:,',-.0*.,,.„,♦� .1,0•' 1 43w., gyp.'cyj y X11 ▪ ` • ▪ _ ,` df.....,....1,,‘- vi1, . yam'"a -...-,•.---,-,,,,...A.,,.... ......--...-i-iWc-"./.,;,•,.., UNDO A ATTACK NT A To contract ATTACHMENT A The ENGINEERING CONSULTANT agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000-Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Professional Liability Insurance $500,000(Minimum) Combined Single Limit The ENGINEERING CONSULTANT will provide satisfactory certificates on the required insurance coverage before beginning work. All policies will contain an endorsement providing that written notice be given to the TOWN at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five(5) work days prior to expiration date. Each certificate shall include project description, and project number and the signed acknowledgement of the insurance company. The Town of Oro Valley will be included as an additional insured on all policies except Worker's Compensation and Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the TOWN and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to Professional Liability, ENGINEERING CONSULTANT agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees individually and collectively; from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the ENGINEERING CONSULTANT or of any subcontractor employed by the ENGINEERING CONSULTANT (including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the ENGINEERING CONSULTANT for the work performed hereunder. Furthermore, ENGINEERING CONSULTANT agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees individually and collectively; against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the ENGINEERING CONSULTANT. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to General,Automobile,and Excess Liability,the ENGINEERING CONSULTANT agrees to indemnify, defend and save harmless the Town of Oro Valley, its Mayors and Council, appointed boards and commissions, officials, officers, employees, individually and collectively; from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney's fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the ENGINEERING CONSULTANT or any subcontractor employed by the ENGINEERING CONSULTANT (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the ENGINEERING CONSULTANT for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the TOWN, its officers, agents or employees. IT IS THE INTENTION OF THE PARTIES to this Contract that the Town of Oro Valley, its Mayors and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, are to be indemnified against their own negligence unless and except that negligence is found to be the sole cause of the injury to persons or damages to property. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. AccRD CERTIFICATE OF LIABILITY INSURANC1 12/04/01 SODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE dueller & Associates, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2127 E. Speedway, PO Box 43850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tucson AZ 85733-3850 Phone:520-881-5760 Fax:520-32S-3757 INSURERS AFFORDING COVERAGE INSURED INSURER A: Northern Insurance Co of NY INSURER B: R S Engineering, Inc. INSURER C. 2445 North Tucson Blvd. INSURER D• Tucson AZ 85719 INSURER E: 1 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LNT TYPE OF INSURANCEPOLICY NUMBER DATE(MMIDDIYY) DATE(MM/DDIYY( LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY PA334861543 05/01/02. 05/01/02 FIRE DAMAGE(Any one fire) c 1000000 CLAIMS MADE X OCCUR MED EXP(Any one person) $10000 PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GENII AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $2000000 • Eup Ben. 1000000 POL ICY JPECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO PAS34861543 05/01/01 05/01/02 (Es accident) ;1000000 ALL OWNED AUTOS BODILY INJURY SCI-EDULED AUTOS (Per person) • HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOEA ACC $ OTHER THAN , ,AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE ;2000000 '/ A 1 OCCUR CLAIMS MACE PA334861543 05/01/01 05/01/02 AGGREGATE $2000000 DEDUCTIBLE $ I X RETENTION $ 0 $ WC STATU- DTI- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCAIIONSA EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The Town of Oro Valley is additional insured under general liability with respect to work performed on their behalf by the named insured for Project #0115 16-inch South C-Sone Main CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER: CANCELLATION OROVA-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TD MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Oro Valley Water Utility IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N La Canada Oro Valley AZ 85137 , REPRESENTATIVES. i° 214,4e ACO RD 25-S(7197) ivel 1982 Mueller tI. Associates 1/l !/UL L:UO YAur. L/0 fiKnLFHA l ACQREt CERTIFICATE OF LIABILITY INSURANC AS I DATE(MMIDDIYY) ------ SENG-1 01/17/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Mueller & Associates, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2127 E. speedway, EO Box 43850 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Tucson AZ 85733-3850 INSURERS AFFORDING COVERAGE Phone:520-881-5760 Fax:520-325-3757 INSURED 1 INSURER A. American Manufacturers INSURER E: R S Engineering, Inc. INSURER C. 2445 North Tucson Blvd. INSURER.D: Tucson AZ 85719 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N R TYPE OF INSURANCE1 POLICY EFFECTIVE 1 POIICY EXPIRATION; LIMITS 1 PO K Y NUMBER i DATE(Wd1QO/YY) I DATE(MQRiDOIYY) GENERAL LIABILITY I 1 EACH OCCURRENCE $ 1 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE I OCCUR MED D<P(Any one person( $ PERSONAL 8:ADV INJURY V GENERAL AGGREGATE $ GEI1'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/CP AGO. $ POLICY 1V--, F--LOC ! l , AUTOMOBILE LIABILITY ! COMBINED SINGLE LIMIT $ ;Es sccidentj ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per per.an( HIRED AUTOS BODILY IN.XJP? $ (Per accident) NOL-OWNED AJTos PROPERTY DAMAGE $ j (Per accident( GARAGE LIABILITY f AUTO ONLY-EAACCIDENT $ ANY AUTOOTHER THAN EA ACC $ ALTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE S 7 OCCUR [ 1 CLAIMS MAGE AGGREGATE $ DEDUCTIBLE _ - RETENTIOPI $ - } Irri4E -T61 0ThWORKERS COMPENSATION AND ER EMPLOYERS'LIABILITY A 7CQ286073-07 05/01/01 05/01/02 E.L.EACH ACCIDENT $ 1000000 E.L.DISEASE-EA EMPLOYEE $ 1000000 E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER I - 1 DESCRIPTION OF OPERATIONS/LCCATIONSJVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of Workers' Compensation. Re: Project 0203.00.0 Tangerine Road "E" gone, water modif. and trans. main CERTIFICATE HOLDER IN I ADDITIONAL INSURED;INSURER LETTER' CANCELLATION OROVA-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Oro Valley Water Utility IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N La Canada . Oro Valley AZ 85'737 -REPRESENTATIVES- /134-.1.:::'' A ,t,,,,, /. 2.,..4.., e)2,....ce., ACORD 254(7197) fsz, ...'n...v..u 1. � w�I 1111,u "a 1988 i J A 2002 i + 'nue'_Luz- & PibbOL:1d.LCb 1/ 1 1/UL L :U YAIur. .3/.3 n1gnLr AA 1 ID AS DATE(MM1DDfYY) ACORD CERTIFICATE OF LIABILITY INSURANC1 E( 1, 02 'PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Mailer & Associates, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2127 B. Speedway, Pa Box 43850 ! ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Tucson AZ 85733-3850 Phone:520-881-5760 Fax:520-325-3757 INSURERS AFFORDING COVERAGE INSURED INSURER Ai Continental Casualty Company INSURER B: R S Engineering, Inc. INSURER C. 2445 Nrth Tucson Blvd. INSURER o: Tucson AZ 85719 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE I POLICY EXPIRATION R TYPE OF INSURANCE 1 POLICY NUMBER DATE(MM/CONY) DATE(MIA/DOM] LIMITSGENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAC-E one fire) •$ COMMERCIAL GENERAL LIABILITY (� CLAIMS MADE I I OCCUR MED ESP(Any one person( .$ PERSONAL.&ACV INJURY $ ■ GENERAL AGGREGATE $ GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY 7P E LOC I AUTOMOBILE LIABILITY CONCINED SINGLE L(MIT (Es sceident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person( HIRED AUTOS 00DILY INJURY $ (Per accident)) NON-OWNLU ALFOS PROPERTY DAMAGE $ (Per accident) r GARAGE LIABILITY 1 AUTO ONLY-EA ACCIDENT $ OTHER TH Ni EA PCC ; ANY AUTO AUTO ONLY: AGG $ I EXCESS LIABILITY EACH OCCURRENCE $ i I OCCUR I CLAIMS MADE AGGREGATE $ $ I DEDUCTIBLE _ ---IRETENTION g $ ! i STT WORKERS COMPENSATION AND I j TOIM TTH- S OER EMPLOYERS'LIABILRY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER A Professional ALN006095787 05/01/01 05/01/02 Per Occur 1000000 1 Liability (E&O) 1 i I Gen Aggre 2000000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project 0203.00.0 Tangerine Road "E" Zone, Water Modif. and Trans. Main • r CERTIFICATE HOLDER [N _ADDITIONAL INSURED;INSURER LETTER, CANCELLATION OROVA-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Oro Valley-Water Utility IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 11000 N La Canada Oro Valley AZ 85137 ,z r.,.;,.; _REPRESENTATIVES_ I , ..i,. :--;\ .4.4,e . .ACORD 254(7/97) e,1<r.vnu L.vn►r vow,11.....419188 vol 2002 \ J \1 A.tv', Ut E `t1 Q r ^• O � .fit. �*Cik/c> O `�' ry { L 'xo +s. .s• �§ ‘1,4fi 3Fff' 2r'Y. i ,..,,,ifi'l `JUNDED 1 ATTACHMENT B R.S.Engineering Proposal 1-1 7-02,4-47:O5 .44;R S ENGINEERING I `* I • - PP R P ENGIINEEIING• CONSULTING ENGINEERS uVIiWAWill J14/aild Post-it®Fax Note 7671 Date I •t' '1,414,10. To - � � � r�� Oro Valley Water Utility ' 1 A 1J �� From ` 11000 N.La Canada Drive co./Dept. Co Oro Valley,Arizona 85737 i Phone# Phone# 771 , 32 Fax# .2," 2,0Fax# Attn: Robert Jacklitch Re: Tangerine Road Waterline Alterations/Replacement La Canada Drive to First Avenue Dear Bob: R S Engineering is pleased to submit this proposal for civil engineering services for the above-referenced project. These services will include: ■ Preparation of a design report outlining the proposed design and sequencing of the new water line design including alterations to the existing system within Tangerine Road. ■ Coordination with the Oro Valley Department of Public Works as to construction sequence and schedule and obtain final roadway designs in order to determine the required modifications to the existing system.We will provide these services in the scheduled 120 days from the time we receive a final and approved profile of Tangerine Road. ! Design and preparation of construction documents for the modification of the existing distribution system in order to minimize water service disruptions to Oro Valley Water Utility customers and minimize construction delays to the roadway construction. ® Design of the permanent transmission main and connections to the existing laterals(included in the design and construction documents).The size of the permanent transmission main is to be determined by Oro Valley Water Utility during the preparation of the design report.The new transmission will extend from First Avenue westerly to La Canada Drive with new laterals to the existing system. • Preparation of the bid schedule,technical specifications and construction cost estimates.Design surveys, geotechnical,and environmental investigations have been prepared for the Tangerine Roadway improvements and therefore are not to be included as a part of our Scope of Work. The above services will be provided for a lump-sum fee of$181,665.00. This fee assumes that The Town of Oro Valley Department of Public Works will provide R S Engineering with electronic backgrounds of the roadway design to be used by R S Engineering for our water line designs. Not included in this proposal are construction phasing,construction traffic control,construction period services,construction staking,surveying services, landscape design,materials testing,structural engineering,geotechnical studies or testing,NPDES permits,NPPO efforts,cultural and environmental studies,traffic studies,permit fees,review fees,and reproduction costs beyond our in-house needs. Should additional services be required that are not covered by this contract letter,prior to commencement of work, you will be notified in the form of a contract letter which will specify the services to be performed. 2445 N. TUCSON BLVD. 0 e-mail:rse@rsengineering.com PHONE: (520) 791-3933 F�,x: 520 79 1-9405 TUCSON, AZ 85716 http://w►ww.rsengineering.com ( > 1-17-02; 4.05PM;P S ENG(NEE PING ; +t Tangerine Road Waterline Alterations/Replacement, Revised Proposal January 17, 2002 Page 2 This proposal is valid for a period of 30 days from the date shown. You will be billed monthly or bi-monthly and invoices are due and payable upon receipt. Invoices not paid within 30 days of the date rendered will be assessed a finance charge of one percent per month, or fraction thereof, for each month beyond 30 days past due. Invoices not paid within 60 days will result in R S Engineering stopping work until such invoices rendered are paid in full. Invoices not paid within 90 days of the date rendered will be referred for collection. Claims disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for arbitration shall be filed with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim,dispute or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. If you are in agreement with the above,please sign below. The signed original of this letter agreement will be required prior to the commencement of any work on this project. Sincerely, R S ENGINEERING,INC. Robert M. Suarez, P.E. President RBA/RMS/cl ACCEPTED AND AGREED TO: Oro Valley Water Utility By: Printed Name: Title: Date: E:\64461PropLetr10102 1136-\1 137a tangerinewaterline.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch, Water Utility Project Manager SUBJECT: Project No. OV-20-02-01 Oro Valley Water Utility Countryside Booster Station Upgrades SUMMARY: Per the direction of Mayor and Council through the 2000-2001 Capital Improvement Budget of the Oro Valley Water Utility, plans and specifications were provided for the acceptance of public bids for the following project: Project No. OV-20-02-01 Oro Valley Water Utility Countryside Booster Station Upgrades This project is to install a new booster pump station, purchase and install a backup electric generator and install 'ver 800 linear feet of water main. We will construct a 225 square foot building to house a motor control center and telemetry system. Also included is a new chlorinating system, landscaping and irrigation. This project has been designed to maintain water service to all Countryside customers during construction. However, advanced notifications will be issued, as minor outages are expected during tie-ins. ATTACHMENTS: Attachment A Bid Opening Tabulation Attachment B Location Map FISCAL IMPACT: The total amount by the lowest bidder is $494,100.00 by P&H Contracting. Engineer estimate is $531,375.00. Funds are available through bonds sold in April 2001. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATIONS: A. We recommend the award of Contract No. OV-20-02-01 to P&H Contracting, the lowest bidder, in the amount of$494,100.00. B. Direct the Water Utility Director to prepare a Notice of Award to P&H Contracting, and transmit said Notice along with the Contract Agreement and Bond forms for execution. C. Direct the Water Utility Director to issue the Notice to Proceed in accordance with the requirements of the Contract Agreement upon the receipt of the Contract Agreement. D. Authorize the Water Utility Director to execute Contract Change Orders and/or Supplemental Agreements incidental to the prosecution of Work. E. Direct the Town Clerk to hold the bid bonds from all bidders until such time that a Contract Agreement has been executed. SUGGESTED MOTION: T move to approve the award of Contract No. OV-20-02-01 to P&H Contracting, Or I move to deny n /7 77 Water Utili roject Manager :/1) at tility Dir-ctor Town Manager _,1>A.-'-EY AR/ o - o o�- ti I 7 _ a � 1,-� y 2 j y z ,,_ 1-40 '.,:.., ''s ' - '...*,. y, , w fir.,....._ ,.,,, ,, , , ,, . V',. i, A 4"' Pitt' .. ., , ,„.,...„. b pvg't LADED\ ATTACHMENT A T 1 -E N O O O O7t r C) • N4 06 O cCT 7r. 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W o o W o a) o 0 .� Z _j w E U 6 j: E-c-4,_ g.4 023 U 4.4 H U 0.3 4 > U C7 W w TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: FEBRUARY 6, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Mary Hartz-Musgrave, Managing Librarian SUBJECT: Resolution (R)02-06_Award of Contract for Library Furnishings SUMMARY: On December 3, 2001 the Town released a Notice Inviting Sealed Bids for the Oro Valley Public Library's Furnishings. A total of three bids were received and opened on January 2, 2002 at 2:00 PM. Staff and our interior designer, Michaels Associates reviewed the bids and concluded the following lowest responsible bids. The bid was divided into eleven bid groups. GROUP CONTENTS AMOUNT AWARDEE 1 Shelving $0.00 NO BID 2 Custom Service Desks $0.00 NO BID 3 Public Work Tables $20,159.71 Goodmans 4 Adult Seating $45,822.56 Goodmans 5 Children's Seating $4,581.21 Emerlings 6 Public Task Seating $5,452.74 Corporate Express 7 Meeting Room Tables And Accessories $5,340.95 Goodmans 8a Accessories, Screen, And Ottoman: Design Link: self check privacy screens & Peter Piper Products: pamphlet racks throughout library $10,702.93 Goodmans 8b Accessories, Screen, And Ottoman: Bent Log end tables in adult reading area $4,679.28 Emerlings 9 Book Displayers mounted to shelving end panels $8,004.84 Emerlings 10 Library Support Technical Items: book drop bins, book trucks, printer stands for service desks $14,213.47 Emerlings 11 Office Furnishings $18,030.30 Corporate Express Corporate Express $23,483.04 Goodmans, Inc. $76,685.20 Emerling's Office Interiors $31,478.80 Totals $131,647.04 The Town released another Notice Inviting Sealed Bids on January 14 for Group 1, Shelving. and Group 2, Custom Service Desks because no bids were submitted at the January 2 bid opening. The Shelving and Custom TOWN OF ORO VALLEY :OUNCIL COMMUNICATION Page 2 of 2 Service Desks required more time for bidding and time was hampered by holiday closures. Recommendations for those awards will be presented at the next Council Meeting scheduled for February 20, 2002. FISCAL IMPACT: Funding for the library is derived from the 2001 Revenue Bond and a $2,000,000.00 pledge from Pima County. A total of$300,000.00 was budgeted for this item and the anticipated total cost will be below that amount. RECOMMENDATION: 1 . Staff recommends the award of bid be given to Corporate Express, Goodmans, Inc., and Emerling's Office Interiors for the following; and Corporate Express $23,483.04 Goodmans, Inc. $76,685.20 Emerling's Office Interiors $31,478.80 Totals $131,647.04 2. Approval of the attached Resolution authorizing staff to enter into contract with Corporate Express, Goodmans, Inc., and Emerling's Office Interiors. SUGGESTED MOTION: The Town Council may wish to consider the following motion: 3. I move to APPROVE Resolution (R) 02- 06 awarding the contract to Corporate Express for$23,483.04, to Goodmans, Inc. for $76,685.20, and to Emerling's Office Interiors for$31,478.80 and directing staff to enter into contract with Corporate Express, Goodmans, Inc., and Emerling's Office Interiors for a total of $131,647.04. ---N. '. -4-17&‘,.. Managing Lib Tian 711iikt Community Deve •,pment Director 1 41_4,....."--1-,.._ - i Town Man.ger Attachments: 1. Resolution (R)02- 06 2. Bid tabulations from Michaels Associates RESOLUTION NO. (R) 02- 0 6 AND COUNCIL OF A RESOLUTION OF THE MAYORTHE TOWN OF ORO,THE ARIZONA, APPROVING AND AUTHORIZING 1 HE EXECUTION OF CONTRACTS FOR LIBRARY FURNISHINGS. lle has received bids for library furnishings for the library WHEREAS, the Town of Oro Va y project; and, WHEREAS, the Town of Oro Valleydesires to enter into Contract with Corporate Express, Goodmans, Inc., and Emerling's Office Interiors; and include, but not limited to, providing of all materials and WHEREAS, the contract should performing all of the work, including installation of library furnishings. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. The staff is authorized to separately contract with Corporate Express, Emerling's Office p y Interiors, and Goodmans, Inc. to provide furnishings for the Library Project. PASSED AND ADOPTED Mayor bythe Ma or and Town Council of the Town of Oro Valley, Arizona this 6th day of February , 2002. Paul H. Loomis,Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney 01/03!2002 14:45 4809989390 MICHAELS ASSOCIATES PAGE 02 SRO VALLEY LIBRARY BID ANALYSIS — — COMMENTS ..� MANUFACTURER ,�WARDEE w AMOUNT — $80,000.00 Rebid Shelving -- — —�- $45,000,00 Rebid Custom Service Desks Goodmans $20,159.71 OK Public Work Tables $45,822,56 Does not include 2 sto_ff lounge chairs r_.... Adult Seating _ Goodmans $4,581.21 OK Children's Seatin Emerlings $5,452.74 Fabric spec d,bid Allstee1. Staff to test �n Corporate ExpressStaff Task Sea� T _ $5,340.95 OK Goodmans -�---- ""—" Meeting Tattles and Accessories .g� OK ..�--�.. Goodmans $10,702 Accessories ��--- OK $8,004.84 Emerl r gs_ , Book Displayers Emerrin s $14,213.47 OK ,� Library Support Tech. Items p cess $1 8,030.80 OK Public Task Seatin and Office Fumiture Cor rate Exp I $25,000.00 To be spec'd soon, Signage _ $253,308.71 4-1 Total ..„, -, -� -�, wwTw - — _ * $7,000.00 Bent Log ., --- - "' * $2,000.00 Brayton Staff Lounge Chair ..,. GRAND TOTAL $272 308 71 * Estimated cost — — vhr.. 4•Vrr ." .... ...... ... 4w..... ...... . ....i 01.03.02 TOWN OF ORO VALLEY Page 1 of 2 7'OUNCIL COMMUNICATION MEETING DATE: February 6, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan Dudley, Town Attorney SUBJECT: Resolution No. (R) 02- o 7 ; Authorizing and approving the execution of an Intergovernmental Agreement between the Town of Oro Valley and Amphitheater Unified School District No. 10 of Pima County,Arizona for the design and construction of Naranja Drive which improves the existing right-of-way along certain sections of Naranja Drive between Shannon Road and La Cholla Boulevard. SUMMARY: The Ironwood Ridge High School ("IRHS") is located on Naranja Drive just west of La Cholla Boulevard. The school opened for the fall semester of 2001. Traffic and safety issues have plagued IRHS since its opening in August 2001. Students attending the new high school at 2475 W. Naranja found that there were no sidewalks along the 1-mile stretch between La Cholla Boulevard and Shannon Road. Students had to walk along the narrow dirt area between the 2-lane road and the unimproved land on either side of the school. IRHS houses only freshmen and sophomores this year, and most of these students are not old enough to drive. Therefore, pedestrian, bicycle, and school bus safety are important issues to the students and their parents. Jro Valley y Town Manager Chuck Sweet joined with the office of County Administrator Chuck Huckelberry and District Superintendent Vicki Balentine to craft a response to the problems. That response has included the paving and re-striping of the existing roadway, the installation of an 8-foot wide pedestrian path along with a p g p g vertical barrier curb on the south side of Naranja Drive, and the installation of a paved shoulder on the north side of Naranja Drive. The District included a continuation of the paved pathway installed by the Town as a sidewalk all the way through the school property. Previous efforts to address the traffic and safety problems were frustrated by jurisdictional conflicts. While the area around the high school was annexed to Oro Valley in 1997, the annexation was clouded due to the incorporation effort of Tortolita. Meanwhile, the District was hesitant to get involved in a municipal public workspJro'ect and the County was reluctant to act since the area around the school was technically in either Tortolita or Oro Valley. The attached Intergovernmental Agreement ("IGA") is the culmination of cooperative efforts undertaken by Pima County, the Town, and the District to address, design, construct and pay for needed improvements to Naranja Drive resulting from the recently opened IRHS. The parties have collectively paid or incurred approximately $167,000.00 for the design and construction of improvements to the road surface, shoulders, bike y path, curbs, and sidewalks on or adjoining Naranja Drive to the benefit of the school, the students, and the greater community. Of that amount, the Town paid or incurred $74,000.00, Pima County paid or incurred $58,000.00, and the District paid or will incur $35,000.00. The IGA is intended to equalize the expenditures between thep arties by requiring the District to reimburse the Town for approximately $16,000.00 of those TOWN OF ORO VALLEY Page 2 of 2 ^OUNCIL COMMUNICATION MEETING DATE: February 6, 2002 design and construction costs. If the IGA is approved, the Town and Pima County will each have contributed approximately $58,000.00 and the District will have contributed $51,000.00 towards those needed improvements. FISCAL IMPACT: To balance the financial participation of the Naranja Drive roadway improvements, the District will reimburse the Town the amount of$16,000.00 as the District's share of the roadway improvement costs. The costs of the Naranja Drive roadway improvement are as follows: Pima County $58,000.00 Town of Oro Valley $74,000 - $16,000= $58,000.00 Amphitheater Unified School District No. 10 $35,000 + $16,000 = $51,000.00 RECOMMENDATION: I move to approve the adoption of Resolution No. (R) 02 - ATTACHMENTS: 1) Resolution No. (R) 02 - 0 7 2) Intergovernmental Agreement with Amphitheater Unified School District No. 10 'own Attorney otedev;pAalit/....__ Town Manager RESOLUTION NO. (R) 02- 07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. 10 RELATING TO THE IMPROVEMENTS OF NARANJA DRIVE. WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter into and or renew an Intergovernmental Agreement for joint and cooperative action with Amphitheater Unified School District No. 10 relating to the improvements of Naranja Drive, which provides access to Ironwood Ridge High School; and WHEREAS, pursuant to ARS § 15-342, Amphitheater Unified School District No. 10 may enter into an Intergovernmental Agreement with the Town for joint and cooperative action relating to the improvements of Naranja Drive; and WHEREAS, the Town intends to or already has made improvements to the public right of ways adjacent to the Ironwood Ridge High School campus along Naranja Drive; and WHEREAS, the improvements along Naranja Drive, between Shannon Road and La Cholla Boulevard, along with the construction of a bicycle and pedestrian lane, provides an improved access into the Ironwood Ridge High School campus; and WHEREAS, it has been determined that it is in the best interest of the Town and its residents to approve the Intergovernmental Agreement with Amphitheater Unified School District No. 10, relating to the improvements of Naranja Drive, for a term to continue in effect until the improvements are fully constructed; and WHEREAS, the approval of the execution of the Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, will further this goal and is hereby determined to be in furtherance of the public health, safety, and welfare of the residents of the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement by and between the Town of Oro Valley, Arizona, and Amphitheater Unified School District No. 10 relating to the improvements of Naranja Drive, which provides access to Ironwood Ridge High School, for a term to continue in effect until the improvements are fully constructed. Naranja Drive Improvements IGA Office of the Oro Valley Town Attorney/sib 1.24.02 BE IT FURTHER RESOLVED that the Intergovernmental Agreement attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of February , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Naranja Drive Improvements IGA Office of the Oro Valley Town Attorney/sib 1.24.02 EXHIBIT A INTERGOVERNMENTAL AGREEMENT Naranja Drive Improvements IGA Office of the Oro Valley Town Attorney/sib 1.24.02 Intergovernmental Agreement Between Amphitheater Unified School District No. 10 of Pima County and Town of Oro Valley Relating improvements im rovements of Naranja Road Intergovernmental Agreement ("IGA") This s entered into .by and between Amphitheater Unified School District No. 10 of Pima County, Arizona, a political subdivision of the State of Arizona the Town of Oro Valley, a municipal corporation and a political ("District") and Y subdivision of the State of Arizona ("Town"), pursuant to A.R.S. § 11-952. Recitals A. District is public school district organized under the laws of the State of Arizona. stn a B. District has recentlyconstructed an new high school, Ironwood Ridge High School ("IRHS'), located at 2475 West Naranja Drive, in Pima County,Arizona. C. The segment of Naranja Drive which provides access to IRHS requires improvements to Naranja Drive that would be appropriate for IRHS and neighborhood traffic ("the Project"). GoverningBoard of the District and the Town Council have determined that D. The there is a need to enter into this IGA for the purpose of determining responsiblities t• relating to the Project. E. The Town intends to or alreadyhas made improvements to the public right of ways adjacent to IRHS under the Project . These improvements will benefit or do benefit, directly,ectl the IRHS students and staff by providing for increased safety in the ingress to and egress from IRHS. F. The parties are authorized to enter into this 1GA pursuant to the provisions of A.R.S. 11-952, A.R.S. § 11-251 (4), and A.R.S. 15-342 (13). NOW, THEREFORE, the District and Town, in furtherance and pursuant to the foregoing, and in consideration of the representations and covenants contained below, do mutually a on agree as follows: Agreement The purpose of this IGA is to set forth the responsibilities of the parties for the 1. fpo . p rp sharing of costs and responsibilities relating to the design and construction of the Project. • 2. Project. The project consists of the improvement of the existing right of way along Naranja Drive, between Shannon Road and La Cholla Boulevard, including the construction of a bike/pedestrian lane. 3. Effective Date and Term. This agreement shall become effective upon filing the ' ' Iexecuted Agreement with the Pima County Recorder and shall continue in effect original g until the improvementfully are constructed and, if applicable, accepted by Pima County e governingbodyhavingjurisdiction over the public right of ways along IRHS or such other and Naranja Drive. District Responsibilities, The District is responsible for making a payment of sixteen 4. thousand dollars ($16,000.00) incurred the Town to support a portion of the costs by the Town in making improvements under the Project. 5. Town Responsibilities. The Town shall utiilize the District payment referenced in Para 4 to support the costs of making improvements to the public right of way paragraph P pp adjacent to the IRHS campus along Naranja Drive. 69 . party Coverage. Each to this IGA shall obtain and maintain for the duration of this Agreement, generalpublic liability insurance in the amount of no less than One his g , , . Five 000,000.00 dollars per occurrence, and One Million Five Hundred ($1,500,000,00) dollars aggregate. Each party is performing its duties hereunder independently, and not as an agent or employee of the other party, and is supplying its own employees, maintaining its own insurance and handling all of its own internal accounting. Neither party to this Agreement controls, directs or has any direct responsibility for the actions of the other party, its officers, agents, or employees. 7. Jffcorpc)ratlprLancl severabili .. This is the entire Agreement between the parties. If anyportion of this Agreement is later found to be invalid or unenforceable, such portion g . shall be null and void and without any effect on the rest of the Agreement, which shall continue in full force and effect. This Agreement may be altered only by a duly executed Agreement. 8. Compliance. The parties to this Agreement shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall g govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. 9. Dispute and Attorney Fees. If the parties litigate any portion of this Agreement, the unsuccessful partywill reimburse the successful party for all legal costs and fees incurred as a result of the litigation (including preparation). WITNESS WHEREOF the parties, by their respective officers duly authorized, IN have executed this Agreement. TOWN OF ORO VALLEY AMPHITHEATER UNIFIED SCHOOL DISTRICT NO. of PIMA COUNTY MAYOR Paul Loomis Mary Schuh Governing Board Vice President ATTEST: ATTEST: Kathryn Cuvelier, Town Clerk Judy Arent, Administrative Assistant Approved as to Form: Approved as to Form: Dan Dudley,Town Attorney Todd Jaeger, Associate Superintendent v . Attorney for the Town of Oro Valley Attorney for Amphitheater Unified School District No_ 10 of Pima County,Arizona DATE: DATE: TOWN OF ORO VALLEY COUNCIL CO CATION MEETING DATE: February 6, 2402 TO: HONORABLE MAYOR& COUNCIL FROM: Chuck Sweet,Town Manager SUBJECT: PUBLIC HEARING REGARDING REQUEST TO ANNEX APPROXIMATELY 6 ACRES OF THE EAST SIDE OF ORACLE ROAD UNINCORPORATED 'TERRITORY LOCATED ON , SITE�. SOUTH OF RAM'S FIELD ROUTE (STATE 77) NORTH OF THE HONEYWELL S PASS ROAD SUMMARY: initiate annexation process for approximately 6 acres of 5, 2000, the Mayor& Council voted to the On January y Route 77 north of the Honeywell on the east side of Oracle Road (State )unincorporated territory locatedi n of Resolution No. (R)95-22, Oro Valley Policy for Annexat oas outlined in Oro Valley . Building, n State Law. The Oro Valley Planning& zoning Land and per the requirements of Arizona The Unincorporated • in with this annexation request at their March 7, 2000 meeting. Commission voted to recommend proceeding Annexation Mapin Jan. 2002 was at the request of the property delaybetween March 2000 and the filing of the wner. withpetition, and le al description was filed with the Pima I n accordance ARS 9-471(A}(1), the blank map g 1 petition, mapand legal description is filed, a 30 day County Recorder on January 15, 2002. Once the blank • . • must be held. In addition, we have completed the • • which time apublic hearing p waiting period begins, during process of following the state law requirements regardingarding notification at least 6 days prior to the public hearing day at least 15 days before the end of the 30 waitin g period 1. Publishpublic hearing notice ofin The Daily Territorial newspaper. on the property proposed to be notice of public hearing in at least three conspicuous placesp p 2. Post the annexed. 3. Mail thepublicowners in the territory considered for notice of hearing by first class mail to the property annexation. the Chairman of the Pima County Board of Supervisors. 4. Mail the notice of public hearing to FISCAL IMPACT: $10,000 positiveofstructures. fiscal impact annually, plus sales tax on the construction any ATTACHMENTS: notice; petitions; access to information; restrictions. 1. ARS 9-471, Annexation of territory; procedures; 2. Map of proposed Annexation Area. Analysis. 3. January 30, 2002 Memorandum from David Andrews, Fin. Dir. regarding the Fiscal Impacty 4. Dec. 14th, 2001 Letter and Attached Map from Property Owners. SUGGESTED MOTION: No action is required at this time. TOWN OF ORO VALLEY 'JUNCIL COMMUNICATION Page 2 De.. ment Head Town Manager • i, f. t:, t i § 9-467 CITIES AND TOWNS CITIES AND TOWNS 261, 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 g g a proposed or appropriate official for public inspection dun ARTICLE 7. EXTENSION OF CORPORATE LIMITS; . PLATTING ADJACENT SUBDIVISIONS C. Any city or town, the attorney genet party may upon verified petition move to qui nnexatio a territory; procedures; notice; petitions; access to comply with the provisions of this section. T § 9-471. is alleged the annexation procedure was not • ation; restrictions , and shall be filed within thirty days after adc A. The following procedures are required to extend and increase the corporate limits of a t e governing body of the city or town and n cityor town by annexation: • the petitioner to prove the material allegati brought to question the validity of an annex 1. A city or town shall file in the office of the county recorder of the county in which the and for the reasons provided in this 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 i matters, except election actions. In the eveni contiguous to the cityor town proposed to be annexed. Notice and a copy of the filing shall ! of an annexation ordinance is gu filed,all suchE be given to the clerk of the board of supervisors and to the county assessor. The accurate or more cities or towns show the court that map shall include all county rights-of-way and roadways with no taxable value that are within annexing any or all of the area proosed for or contiguous to the exterior boundaries of the area of the proposed annexation. If state land written agreements or understandinp s b is included in the territory,written approval of the state land commissioner and the selection determination pursuant to this sub g etwe( board established by § 37-202 shall also be filed. section. 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 b t; Y thirty days after filing the blank petition. annexation ordinance has been finally adoptee • 3. After filingthe blank petition pursuant to paragraph 1 of this subsection,the governing statute, charter provisions, or local ordinances of the court to determine the validity there body of the city or town shall hold a public hearing within the last ten days of the thirty day -waiting period to discuss the annexation proposal. The public hearing shall be held in E. For the purpose of determining the accordance with the provisions of title 38, chapter 3, article 3.1, except that, notwithstanding , property under this section, such values of the provisions of§ 38-431.02,subsections C and D,the following notices of the public hearing 1 1 In prop to discuss the annexation proposal shall be given at least six days before the hearing: r the case of property assessed by the shown by the last assessment of the property. (a) Publication at least once in a newspaper of general circulation, which is published or ' 2• In the circulated in the city or town and the territory proposed to be annexed, at least fifteen days the case of property valued by the dei before the end of the waiting period. by department in the manner provided F. For the purpose of determiningthe suf (b) Posting in at least three conspicuous public places in the territory proposed to be � }property under this section, the number of per annexed. ,. follows: (c) Notice by first class mail sent to the chairman of the board of supervisors of the county 1• in which the territoryproposed to be annexed is located. In the case of property assessed by the cc 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. In the case 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 property 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 property is own P Y sion, real and personal property includes mobile, modular and manufactured homes and deemed as one owner for th e purposes of this sec trailers only if the owner also owns the underlying real property. m'P 4• If a person owns multiple parcels of pro , 4. Within one year after the last day of the thirty day waiting period a petition in writipn_ 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 mo : G The co than one-half of the persons owning real and personal property that would be subject � city town' . county assessor and the department • taxation by the city or town in the event of annexation, as shown by the last assessment of th, m writin sho roposing an annexation within thin property, may be circulated and filed in the office of the county recorder. For purposes oall g wing the owner, the address of eaci modular and manufactured horn• Such includes this paragraph,real and personal property mobile, Property. and trailers only if the owner also owns the underlying real property. Territory is not i m_ ocontiguous for the purp n unless: t 5. No alterations increasing or reducing the territory sought to be annexed shall be m• sl-- - • after a petition has been signed by a property owner. * .: It adjoins the exterior b oundaryof the annE 6. The petitioner shall determine and submit a sworn affidavit verifying that no part,. ; --.. the territory for which the filing is made is already subject to an earlier filing for annexati..• a`,y It is, at all points at l The county recorder shall not accept a filing for annexation without the sworn affida,r . .ys. least two hundred 34 1 .. 35 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. OF CORPORATE LIMITS; C. Any city or town, the attorney general, the county attorney, or any other interested ;NT SUBDIVISIONS party may upon verified petition move to question the validity of the annexation for failure to • ' ' access to comply with the provisions of this section. The petition shall set forth the manner in which it 3cedures; notice; 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 limits of a the governing body of the city or town and not otherwise. The burden of proof shall be upon ;o extend and increase the corporatethe petitioner 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 countyrecorder of the county in which the and for the reasons provided in this subsection. All hearings provided by this section and all g appeals therefrom shall be preferred and heard and determined in preference to all other civil fired by paragraph 4 of this subsection setting ry matters,except election actions. In the event more than one petition questioning the validity all the exterior boundaries of the territo of an annexation ordinance is filed,all suchpetitions shall be consolidated for hearing. If two annexed. Notice and a copy of the filing shall cors and to the county assessor. The accurate or more cities or towns show the court that they have demonstrated an active interest in roadways with no taxable value that are within annexing any or all of the area proposed for annexation, the court shall consider any oral or of the roposed annexation. If state land written agreements or understandings between or among the cities and towns in making its area P determination pursuant to this subsection. )f the state land commissioner and the selection ed. I D. The annexation shall become final after the expiration of thirty days from the adoption hall not be obtained for a waiting period of Q of the ordinance annexing the territory by the city or town governing body, provided the tions 1 annexation ordinance has been finally adopted in accordance with procedures established by the overning statute, charter provisions, or local ordinances,whichever is applicable, subject to the review this subsection, g to determine the validitythereof ifpetitions in objection have been filed. to paragraph 1 of of the court p earin within the last ten days of the thirty day g public hearing shall be held in E. For the purpose of determining the sufficiency of the percentage of the value of roposal. The ip ter 3,article 3.1,1 except that, notwithstanding property under this section,such values of property shall be determined as follows: Lnr" he following notices of the public hearing 1. In the case of property assessed by the county assessor, values shall be the same as e at least six days before the hears g shown by the last assessment of the property. )er of general circulation, which is published or 2. In the case of property valued by the department of revenue, values shall be appraised ry proposed to be annexed, at least fifteen days , by the department in the manner provided by law for municipal assessment purposes. to be F. For the purpose of determining the sufficiency of the percentage of persons owning public places in the territory proposedproperty under this section, the number of persons owning property shall be determined as follows: •the board of supervisors of the county 1. In the case of roe assessed bythe countyassessor,the number ofpersons owning iairman of property rtY g d is located. !property shall be as shown on the last assessment of the property. proposed to be annexed I rate map of the territory Prof •shed ursuant 2. In the case of property valued by the department of revenue, the number of persons ! list fu.rnished p property as shown on theowning property shall be as shown on the last valuation of the property. subject to taxation by the city or town in the " 'e purposes of this subdivi- 3. If an undivided parcel of property is owned by multiple owners, such owners shall be I d to be annexed. For p p bile modular and manufactured homes and deemed as one owner for the purposes of this section. mo , rlying real property. 4. If a person owns multiple parcels of property, such owner shall be deemed as one the thirtyday waiting period a petition in writing owner for the purposes of this section. value of the real and personal property and more P subject to G. The county assessor and the department of revenue, respectively, shall furnish to the be and personal property that would of the City or town proposing an annexation within thirty days after a request therefor a statement annexation,as shown by the last assess oses ofin writing showing the owner,the address of each owner and the appraisal and assessment of e office of the county recorder. For P hoes Such property. ncludes mobile,modular and manufacturedH underlying real property. H. Territory is not contiguous for the purposes of subsection A, paragraph 1 of this section unless: the territory sought to be annexed shall be made 1. It adjoins the exterior boundary of the annexing city or town for at least three hundred ty owner. of feet. submit a sworn affidavit verifying that no part for annexation. 2. It is, at all points, at least two hundred feet in width, excluding rights-of-way and already subject to an earlier filing affidavit r0adwa s. . iling for annexation without the sworn y 35 , Y 1 . § 9-471 CITIES AND TOWNS CITIES AND TQWN IIIIIIIIIMMIIIIIIIIIIIIIIIIMIIIMIMMIIIMIIIIIIIqillIlfIIIIIIIIIIIIIf S 3.., The distance from the existing boundary of the annexing city or town where it adjoins (App. Div.2 1995) 185 , the annexed territory to the furthest point of the annexed territory from such boundary is no review denied. 102, 912 P.2d 13� more than twice the maximum width of the annexed territory. ; 28. Husband and wife, signers L A city or town shall not annex territory if as a result of such annexation unincorporated turesfiners and sign; territory is completely surrounded by the annexing city or town. where no spouse who signed petitions favorin annexation purported to be signin on be tA J.-. Notwithstanding any provisions of this article to the contrary, any town incorporated other spouse who owned property.g half c cityin point tenancy prior to 1950 which had a population of less than two thousand persons bythe 1970 census could not show that spouse had autho and which is bordered on at least three sides by Indian lands may annex by ordinance city territory owned by the state within the same county for a new townsite which is not § 9 72• Annexed contiguous to the existing boundaries of the town. territory as part of K. The provisions of subsections H and I of this section shall not apply to territory which Cr is'surrounded by the same city or town or which is bordered by the same city or town on at Judicial notice of adjudicative oss changes, � ative facts, territorial least three sides. g ,see A.R.S.Rules of Evid., an area shall adopt zoningclassifications which permit Rule 201. L. A city or town annexing p densities and uses no greater than those permitted by the county immediately before § 9-474. Subdivision changes in zoningof the annexed territory shall be made according su plats, pro�ectio: annexation. Subsequent rvey to existing procedures established by the city or town for the rezoning of land. ` territorywithin six miles of territoryincluded in a pending M. The annexation of Cross RE incorporation petition filed with the county recorder pursuant to § 9-10.1.01, subsection Judicial notice of adjudicative facts,in t erritorial shall not cause an urbanized area to exist pursuant to § 9-101.01 which did not exist prior to 2Ucities and towns,see A.R.S.Rules of Evid. Rule N. as an alternative to the procedures established in this section,a county right-of-way or roadway with no taxable real property may be annexed to an adjacent city or town by mutual ARTICLE 8. MI: consent of the governing bodies of the county and city or town if the property annexed is § adjacent to the annexing city or town for the entire length of the annexation and if the city or 9--499• Removal o f rubadbish , trash wee town and county each approve the proposed annexation as a published agenda item ata tures; removal b y cit regular public meeting of their governing bodies. assessment• Y� co efinitions Amended by Laws 1996,Ch.27,§ 1; Laws 1997,Ch.204,§ 1. A. The governing body of city or town by 1 Section 38-431 et seq. Property to remove rubbish, trash, w dilapidated structures which constitute a hazard par.• 6 of and trailers onlyif the owner also owns the under- 1, contiguous sidewalks,streets and a] The 1996 amendment by Ch.27 rewrote Reasonable written notice to the o subsec.A. lying real property"in subsec.A,par.3(d)and par• given not less than thirtywrier and t 4; substituted "excluding rights-of-way and road description oft days before the day set The 1997 amendment by Ch. 204 inserted the ways"for exclusive of highways"in subsec.H,par. occupant or he property and the cost of such second and third sentences of subsec. A, par. 1; 2; and substituted "as an alternative to the proce- theubsec.the" "thirty and to the occupant or lessee at his day waiting period" in subsec. A, par. 3; inserted way or roadway" for "Notwithstanding a y o which the tax bill for the pro la provisions stating "real and personal property in- provision of this section,a county right-of-way',in such property, p petty was modular and manufactured homes subsec.N. may record th y' the notice shall be sent to him al chides mobile, located. If t e notice in the county recorder's ofi he •notice is recorded and compliance Cross References e city or town Shall record pliance Judicial notice of adjudicative facts, territorial a release of the •notice. d1 x , 2• Provisions for appeal to changes,see A.R.S.Rules of Evid.,Rule 201. appointed bythe governing body of •moval the gOVerning bodyon or abatement is ordered by both the • _ Notes of Decisions � 3• That any � court. ation. Northwest Fire Dist. v. City of Tuc ,y Private Person, fir, or corporation t 26. Owners,signers and signatures P ate or hat place requirement that municipality (App. Div.2 1995) 185 Ariz. 102, 912 P.2d 1�' ••.rp ration •• public property o P p y not owned or un c For purposes ofq review denied. qty of a class 1 misdemeanor or a ci show petition signed by owners of one-half or more 'I. ty which may be •im • which in value of real and personal property and more Where municipality received signatures from f may be assessed d for a violation of ani than one-half of persons owning real and personal people out of 36 joint tenants involved with 17 0. ..bash,trash,filth or d d pursuant to this sectio: property in area before it may annex territory, tenancy parcels and municipality counted 17 . _ ebris. joint tenants onlyownproportional undivided in- ers as signing rather than only 8.0 owners,; The ordinance may owner provide that •if terest in joint tenancy property so that signature signing as required to show proper pr.oportio' ee n lienholder, lessee or occu any person v� of one such tenant represents only that tenant's share of total value of property, municipalito , ���t remove such trash,pant, •after notice proportionate share of total value of property for short of necessary signatures for annexation H�� .e itaon which constitute rubbish, weeds,filth, do purposes of meeting value requirements for annex- area. 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'• • . . -• • . • • . .. •• •• • .. .... . . ... - *- • •..• • ....•. • . , • - MEMORANDUM DATE: January 30, 2002 TO: Chuck Sweet, Town Manager FROM: David Andrews, Finance Director SU BJ: Fiscal Impact Analysis —Approximately Six Acres of Land Located on the East Side of Oracle Road North of the Honeywell Site The Finance Department has researched the fiscal impact of the proposed annexation. TheJ ro'ect will have a positive fiscal impact of approximately $10,000 annually. p This amount will be the result of local sales tax collections from the sale and rental of items such as packing and storage materials and related equipment. The Oro Valley Police Department has indicated that the impact to the department would be negligible and any costs could easily be absorbed within their existing budget. One-time construction related sales tax collection estimates are not available at this time. Please call me should you have any questions. CC: Jeff Weir, Economic Development Administrator Melody Vaughan, Management & Budget Analyst Doc•14-2001 10:18 F roa+-SAGE TAX GROUP-ICELMAN GROUP 5207225313 T-216 P.002/003 F-692 DONLEY COMMERCIAL r • t t rj T r 1 1 . _) [_ _ December 14,2001 Mr. Chuck Sweet Oro Valley Town Manager Town of Oro Valley 11000 N. La Canada Drive Oro Valley,Arizona Re: 6+acres(sae attached map) Dear Chuck, PleaseaGcept this letter as our official request to have the 3+acres owned by Kit and Paula Donley together with the 3+acres owned by Bighorn Commerce L.L.C. � annexed into the Town of Oro Valley. I have attached a location map with this letter for your reference. Thanks for your r. end consideration. Sincerely, Kit onley Broker TIIREE A ' PARCEL: 4.141111 —0 ( Ab.viatt C;11-Plz,„,.. 14 .t'e fey Date Paula Donley Dat B e • e CO $ I L.L.C. it# I Id-2 01 Todd " Co-* :.,- . • Member Date 1980 East Palisades Road, Oro Valley, Arizona 85737 .,. �- Phone: (520) 742-4303 • Fax: (520) 797-2541 • E-mail: Donleycommercialeaol.com .... _ +•_....raw .. ...- ...• . .•-- • . , \ .. ,)...,,,, '‘ \ . , \;__ __ V\IIIgI/5IK ,,if-t.6j.•...e.11--4-4i. 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(/ /Ne i ...'< -- -' ‘.• ... 4.;4$.C.- ,-:';•:.- -7 // • / / •...• x. # .• e •, ,-,•::•--. .-.... . d'7, • ' ••• -. 1 • -• .•..•...,,.. (<)> ,' . I / . • • • •• X' \ ' , ‘. . / •/ , . - .:: • ' • / / • .;.• - \ . ..:.111111 ,...• \ •Xli r......1._ %• \ \ . 1..,.. ' ,e1r11777-177 . • „, . e • dnOilS Nv1113Z3M-df1045 VI MYS...1110.1 1 61..01 LOOZ-Pi- la ElESZZLOZS 269-4 E00/tOld 9it-1 13 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Melissa Shaw, AICP, Project Manager SUBJECT: GENERAL PLAN UPDATE 2020 STATUS REPORT #4 BACKGROUND: Thep �u ose of this report is to inform the Council of the status of the General Plan Update 2020 project, including implementation of the Public Participation Action Plan(PPAP). SUMMARY: December/January Events: • Citizen comment database. Approximately 70 comments have been received to date from the website. All comments are entered into a database that is linked directly from web site and are viewable "on-line". See www.update2020.com. • Future Search Conference Summary Report. The summary report is complete and has been distributed to the Steering Committee and Council, and is posted on the web site. • Maps. A wide variety of maps have been and will be produced for this project. A complete listing of all the maps and related data that has been created is available in the Planning Department. • Newsletter. Newsletter is under development by the consultant. It will be distributed on a town wide basis by 2/8/02. • Public Telephone Survey. Completed week of 1/11/02. Preliminary results are tabulated and are included in Attachement 2. • Speakers Bureau. Focus is now on "road show" presentations to HOA and apartment groups. Four have been conducted and nine additional scheduled through March, 2002. • Steering Committee. The fourth and fifth meetings were held on 12/10/01 and 1/22/02. During these meetings the Committee developed the public survey questions (completed by a subcommittee) and reviewed the results, heard a presentation regarding Town fianancial status, have begun to consider options for the major amendment definition, have reviewed the Future Search Summary Report and started the process of issue identification for the various elements. Steering Committee members are also participating in road show presentations. • Technical Advisory Committee. The first meeting was held on 11/19/01 and the second is scheduled for February 19, 2002. The Technical Committee discussed the status of other jurisdiction's plan updates, Oro Valley's planning area boundaries, status of PAG population projections and other data, and land use map methodology. • Topic Focus Groups. Meeting dates have been scheduled for February and March. Publicity and reminder notices to those who have signed up will be sent. • Web Site. General Plan site is complete and updated on a weekly schedule. The web site is to be current and comprehensive and most of the documents produced for the plan update are available on line. See either www.townoforovalley.com or www.update2020.com. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 the Public Participation Action Plan, with the implementation status of each activity to A summary of p . summary of future activities is provided in Table 1. A "Public Participation Action Plan date and a s ry Implementationry Diary" is also maintained in the Planning Department, which is a record of events that documents and describes the implementation of public participation events and techniques. SUGGESTED MOTION: None suggested. ATTACHMENTS: 1. Table 1, PPAP Implementation Status 2. Preliminary Public Telephone Survey Results 3. Topic Focus Group Schedule F:\PROJECTS\GP2001\Staff Reports\Status Report#4 to TC.doc Pla i,g . "oning Administrator r, of GLV- d�� �Yt10.- ►�" Co ►ni Deve ent Director Town Manager Table 1 Public Participation Action Plan Technique Summary Technique Comments/Description Implementation Status Future Activities as of 1/18/02 Steering Committee approved by Five meetings held 10/4/01, Next meeting scheduled for Committee Council 9/19/01. 10/15/01, 11/19/01, 12/10/01, 2/19/02, 6-8 p.m. 10 meetings 1/22/02. Subcommittee mtg. on 12/17/01 to complete survey. Technical Committee approved by First meeting held 11/19/01. Next meeting scheduled for Advisory Council 9/19/01. 2/19/02, 2-4 p.m. Committee 5 meetings Sector Boards* Technique changed. Two sector board meetings None scheduled. Twenty-one meetings were held for all 7 boards, 2 initially planned will not representatives recommended be scheduled. Topic for Steering Committee. Focus Groups meetings Approved Steering Committee will be implemented. does not include representatives from the former Sector Boards. Boards and To be scheduled DRB member and Planning Will schedule DRB and Board Commissions throughout the process. Commissioner appointed to of Adjustment update for Steering Committee. February, 2002. Presentation for PRAB held October 25, 2001. Leadership 20 anticipated. 5 leadership and 9 department Interviews complete. Interviews interviews conducted. Topic Focus Five topic focus groups Scheduled. Scheduled for: Groups(5) will be held to discuss • Natural Resources& specific issues and areas. Environment: 2/13/02 • Circulation/Public Svcs: 2/25/02 • Parks,Rec &Culture: 2/26/02 • Land Use: 3/4/02 • Alternative Selection& Community Design: 3/25/02 (tentative) Future Search The ultimate goal is to Held October 27, 2001. Over A summary report is complete. Conference include all stakeholders 120 participants attended. Draft vision statement and topic who will be affected by Conference consisted of focus issues will be prepared. how the community presentations&panel grows or who can affect discussion in morning, and the community in the work sessions in afternoon. future. Open Houses (3) During 3 public open Tentatively scheduled for Will be held prior to joint houses, will present 4/29/02. P&Z/Town Council study vision statement, session on alternatives(tent. alternatives, and draft 4/29/02). Also to be scheduled: elements. 1 topic focus open house to present draft elements. Technique Comments/Description Implementation Status Future Activities as of 1/18/02 Landowner/ Technique was changed. None to date. Identify property owners of Developer Forum* Will be combined with parcels 9 acres and larger, and Topic Focus Group on notify of meeting. Combine Land Use Patterns, with Topic Focus Group on Housing&Economic Land Use Patterns,Housing& Development. Economic Development. Interviews with large Interviews with large property property owners/developers. owners/developers Public Hearings Six meetings to adopt Tentatively scheduled. To be scheduled at key points vision statement& in the process. 1st&2nd to select preferred adopt vision statement: P&Z alternative, in addition to 4/2/02 &Council 4/17/02, 3rd& final plan adoption. 4th to adopt preferred alternative: P&Z 5/7/02 & Council 6/5/02; 5th&6th to adopt final plan: P&Z 6/25/02 &Council 7/10/02. Random Sample Statistically valid Survey is complete. Initial Survey will be used to help Survey telephone survey will be tabulation of results presented develop issue identification, conducted to assess to Steering Committee goals and policies. May be community position on 1/22/02. used"informally"on web site, key issues. and as a handout. Informal Surveys Will utilize questions No action to date. See above. Follow up from formal survey questions to formal survey may during events and on the be developed. web site. Project Database Compile databases of See Implementation Diary, An ongoing process. Databases interested citizens, Citizen Comment database and and mailing lists are business, stakeholders databases of interested citizens continuously updated. and other groups to and groups. notify of meetings and hearings. _ Storyboarding A public facilitation Utilized during Future Search. Will be continued throughout technique. the process. Project Web Will inform of Project is on front page of Public comment format and Page/E-Mail upcoming events and Town of Oro Valley website related database complete and progress to date,plus and links to: functional. Updates are will accept direct public www.update2020.com. Web continuous. comment via comment site is complete. form. Project Newsletter Will inform persons In draft stage. First newsletter scheduled to be (3) subscribing to mailing mailed and distributed prior to list of upcoming events topic focus groups (end of and progress to date. January, 2002). Technical Reports Background Technical Background Technical Report Background Technical Report (3) Report, Alternatives in draft stage. will be partially presented for Evaluation Report, Draft Focus Group Meetings, and Implementation Report. draft prepared for public review by the end of February. Press To inform media of Several major newspaper Ongoing. Press releases will be Communications upcoming events. articles covering General Plan issued throughout process. update issued to date. Revised 1/23/02 2 Technique Comments/Description Implementation Status Future Activities as of 1/18/02 Youth Forum* Will develop curriculum Two youths,one from Under development. as "mini"citizen Ironwood HS and one from planning institute and CDO HS appointed to Steering conduct on yearly basis Committee. in schools. Citizen PlanningPopular yearly class for Class began 10/18/01. Complete,but class will be Institute* citizens that teaches Schedule includes intensive updated on progress through "Planning A-Z". General Plan coverage. Class General Plan mailings. attended October 27, Future Search Conference;November 1 and December class focused on General Plan. Community Walk Deleted due to time and Deleted due to time and staff This technique will be partially Abouts.* staff constraints. constraints implemented through Steering Committee field trips that will be conducted throughout Town. When possible neighbors will be invited to attend. Community A catalogue of slides No action to date. Staff is evaluating the Characteristics depicting various aspects feasibility of including this Preference Survey of the physical technique with the 5th Topic environment of the Focus Group,where land use community and is alternatives will be discussed utilized for scoring purposes. Planning Lecture Deleted due to time and Deleted due to time and staff None. Series* staff constraints. constraints. Partnering with Utilize planned events to Joined with Naranja Town Site Will continue to partner with Community tag onto and project volunteers during Oro other events as opportunities Events disseminate/gather Valley Jazz&Music Festival arise, such as the GOVAC interest in General Plan. Oct. 20, 2001; invited GP concert series for flyer Topic Focus Groups to attend distribution. NTS design charette (1/7/02); took"mobile display"to event with sign up sheets; scheduled presentations during HOA annual meetings. Speakers Bureau Informational Six informational Will be ongoing and will presentations on presentations to civic groups. include presentations to PTO planning process to civic Has also been developed into a groups. clubs. "road show"of informational presentations to HOA's and apartment groups. Thirteen scheduled to date through March, 2002. Steering Committee members attend meetings. Revised 1/24/02 3 Technique Comments/Description Implementation Status Future Activities as of 1/18/02 Traveling Mobile Information on process See speakers bureau. Will be ongoing; la (maps,posters,comment Presentation board developed Disp y forms& surveys) at for the"road show" and will various high traffic be displayed at key locations locations around Town throughout Town;took during the project. "mobile display"to NTS design charette with sign up sheets. *Revised June 28,2001 by Town Council. F:\PROJECTS\GP2001\Status&Implementation Report\Implementation Table l.doc Revised 1/24/02 4 Oro Valley General Plan Preliminary Community Survey Responses zS�e s t .< .�` "sl." .�<e `tic. .�. { [ ES,`.; .S2� sS r „£ 'R':�,.t...i r�; �k�Y ,:�;� ..�.::�z £ ^ai ys,. •,<a a.�y-< �S�r��t,, �<r:�c s �s.,t!.c�Z'Skr?,�y;. a��.. .�.� :kz" ..s«,��s��s�x-4..7�...a�.:s>.:= >s �:o' �„�'6'�.,:-,.�"sF� �<»,'�� .F.w�,K ..t. a s` � f■ �� y ;t! s h A' .. � �.,SM LXw.�k�itb�,�.<YYj/yfKiF. i a5'•�,,v�,`,' h: Apt.Liked Things Safety/lack of crime/security 16% Peaceful/quiet 10 The view/scenery 10 Mountains/the Catalina's 8 Pretty/beautiful 8 Small town/the size/population/rural feeling 7 Community/neighborhood 6 p en spaces/not aces/not crowded 6 Police Department 6 Climate/weather 6 Clean (streets, air, water) 6 Thep peo le/friendliness 6 Location 5 Away for the City/Tucson 5 GreatP lace to live/nice area 4 Convenient/close to everything 4 Schools 3 The desert 3 New Y citY/ver organized/planned community 2 Building restrictions 2 Hiking and biking paths 1 Government 1 Less traffic 1 Growth 1 Privacy 1 q e LifestY l / uality of living 1 Taxes are low 1 Parks 1 Other 7 Nothing 2 Don't know 3 Oro Valley General Plan Preliminary Community Survey Responses I� ' �i��V� � � 1 a f.,. Percents e Least Lied g Traffic 20% 12 Growth/growing too fast/increase in population Too far out/distance/the commute Too much commercial development/developers 6 Too many pp police/police harassment 4 Traffic tickets/speed traps 3 p The roads/need more roads/use more than Oracle Road 2 Lack of shopping/too far 2 away Recall elections/recall movement 2 Don't like the way elected officials run the city 2 Heat/hot summers 2 Lack of restaurants 2 Nop ublic transportation 2 Y g "Sq uabblin "/cit council fighting 2 Lack ofP laces for family entertainment/places to meet people 2 Taxes 1 Water/running out of water 1 Not enough lighting/no street lights 1 Politics 1 No fire department 1 Too close to Tucson/the city 1 Noise/street noise 1 Not parks h 1 Other 9 Nothing/none/no opinion 14 Don't know/no answer 10 Oro Valley General Plan Preliminary Community Survey Responses Community Values/Vision 1. a. Please complete the following sentence in three or four words: The things I like most about living in Oro Valley are (Responses Being Tabulated) b. Please complete the following sentence in three or four words: The things I like least about living in Oro Valley are (Responses Being Tabulated) 2. Do you think Oro Valley is growing ... a. too little-2% b. about right--46% c. or too much-47% d. Don't know-5% Open Space and Views 3. Please rate how well natural undeveloped open space in Oro Valley has been preserved? Excellent- 7% Good -38% Fair-34% Poor-15% Don 't know-6% 4. Please rate how well scenic views in Oro Valley have been preserved? Excellent-17% Good -48% Fair-24% Poor-8% Don 't know-3% Transportation 5. Do you think that traffic congestion is a problem in Oro Valley? a. Yes- 71 b. No-28% c. Don't know- 1% If yes, please rank your level of support for the following potential congestion relief measures: Would you say you Strongly support, Support, Oppose, or Strongly Oppose . . . a. Efforts to improve traffic flow(synchronized lights, widening roads, etc.) Strongly support-44% Support-48% Oppose-4% Strongly Oppose-1% Don't know-3% b. Providing more opportunities for bicycle and walking Strongly support-38% Support-46% Oppose-11% Strongly Oppose-1% Don't know-3% 1 Draft 1/18/2002 Oro Valley General Plan Preliminary Community Survey Responses c. Providing more transit services Strongly support—22% Support—49% Oppose—16% Strongly Oppose--3% Don't know—10% d. Promoting access to existing freeways and corridors in and outside of Oro Valley Strongly support—31% Support—48% Oppose—13% Strongly Oppose—1% Don't know— 7% Water Resources 6. There are several ways that Oro Valley could help ensure an adequate supply of water for the future. Please rank your level of support for each of the following options. Would you Strongly support; Support; Oppose; Strongly Oppose ... 6a. Water conservation efforts Strongly support—42% Support—52% Oppose—2% Strongly Oppose—0% Don't know—3% 6b. Limited growth Strongly support—26% Support—49% Oppose—19% Strongly Oppose—3% Don't know—3% 6c. Use of recycled household water for landscaping and other purposes Strongly support—47% Support—46% Oppose—5% Strongly Oppose—0% Don't know—2% 6d. Development and use of alternative water resources Strongly support— 28% Support—54% Oppose—5% Strongly Oppose-- 1% Don't know— 12% 2 Draft 1/18/2002 Oro Valley General Plan Preliminary Community Survey Responses Growth Areas and Land Use or vacant land within Oro Valley. Please indicate the 7. There are several ways to use undevelopedthe scale support for the following level of your uses of the undeveloped land in the town using same of Strongly support; Support; Oppose; Strongly Oppose a. residential developments Strongly support— 5% Support—47% Oppose—34% Strongly Oppose—8% Don't know—6% b. retail shops &services Strongly support—8% Support—50% Oppose—30% Strongly Oppose—7% Don't know—4% c. parks Strongly support—42% Support—49% Oppose— 7% Strongly Oppose—0% Don't know—2% d. undisturbed open space Strongly support—43% Support—44% Oppose—8% Strongly Oppose—1% Don't know-4% e. business/office/research park Strongly support— 7% Support—45% Oppose—32% Strongly Oppose—7% Don't know—8% f. schools/educational facilities Strongly support—32% Support—52% Oppose— 10% Strongly Oppose— 1 Don't know— 4% 3 Draft 1/18/2002 Oro Valley General Plan Preliminary Community Surrey Responses residential areas, there are various housing options available. Please 8a. When developing of housingoptions within indicate the level of your support for each of the following types . p Again, use the same priority scale of Strongly support; Support; Oppose; Oro Valley. Strongly Oppose for the following options a. Single family 1 acre plus lots Strongly support-21% Support-63% Oppose-11 Strongly Oppose-0% Don't know-3% b. Single-family subdivisions less than 1 acre Strongly support-6% Support-58% Oppose-25% Strongly Oppose-5% Don't know-5% c. Apartments/Condominiums/Townhouses Strongly support-2% Support-28% Oppose-46% Strongly Oppose-19% Don't know-4% scale of high priority, medium priority, low priority, or no priority, what level of 8b. Using the g priority do you place feel Oro Valleyshould on developing additional commercial and retail services within the community such as... a. Majorppg shopping center such as Foothills Mall or the Target Center at Rooney Ranch High priority- 12% Medium priority-25% Low priority-37% No priority-23% Don't know-3% b. Small community shopping centers with grocery stores like Safeway Vistoso High priority- 13% Medium priority-36% Low priority-37% No priority-13% Don't know- 1% c. Neighborhood shopping centers like Lambert/La Canada & Mtn. View centers High priority- 11% Medium priority-37% Low priority-36% No priority- 12% Don't know-4% 4 Draft 1/18/2002 Oro Valley General Plan Preliminary Community Survey Responses Usingthis same scale (high priority, medium priority, low priority, no priority),what level of 8c. g prioritydo you feel Oro Valley should place on developing additional employment opportunities within the community such as... a. Small professional office complexes High priority—18% Medium priority—48% Low priority--24% No priority—8% Don't know—2% b. Research/technical parks High priority—29% Medium priority—30% Low priority—26% No priority— 12% Don't know—3% c. Hotels/resorts High priority-- 20% Medium priority—31% Low priority—35% No priority—12% Don't know— 2% d. Light industry/manufacturing High priority— 11% Medium priority—21% Low priority—46% No priority—21% Don't know— 2% e. Medical/health care High priority—47% Medium priority—36% Low priority—11% No priority—5% Don't know—0% 8d. What emphasis should Oro Valley place on the development of the following parks & recreation services? Use the same priority scale. (high priority, medium priority, low priority, no priority) a. Small Neighborhood Parks/Playgrounds High priority—49% Medium priority—34% Low priority—12% No priority—4% Don't know—0% b. Multi-use Center(meeting rooms, community center, cultural/performing arts, etc.) High priority— 34% Medium priority—40% Low priority— 18% No priority—6% Don't know— 2% 5 Draft 1/18/2002 Oro Valley General Plan Preliminary Community Survey Responses c. Open Space/Nature Preserves High priority—67% Medium priority—22% Low priority—7% No priority—2% Don't know—0% d. Trails & multi-use paths High priority—51% Medium priority—36% Low priority— 7% No priority—4% Don't know— 1% e. Parks (with recreation such as pools, picnic areas, ball fields and tennis courts) High priority— 43% Medium priority—37% Low priority—14% No priority—5% Don't know— 1% f. Municipal Golf Course High priority— 13% Medium priority—21% Low priority—42% No priority—24% Don't know— 1% 9. Currently, 30%of the Oro Valley's General Fund revenue comes from taxes and fees on construction, which is a one-time revenue source. What alternative sources of revenue would You support?Again, use the scale of Strongly support; Support; Oppose; Strongly Oppose for the following options: a. Increased commercial development Strongly support— 7% Support—40% Oppose—36% Strongly Oppose—12% Don't know—6% b. Increased sales taxes Strongly support—2% Support—28% Oppose—51% Strongly Oppose—16% Don't know—4% c. Additional annexation Strongly support—9% Support—48% Oppose—27% Strongly Oppose—6% Don't know—9% :r 6 Draft 1/18/2002 Oro Valley General Plan Preliminary Community Survey Responses d. Reducing Town services Strongly support— 3% Support—15% Oppose—60% Strongly Oppose—12% Don't know— 11% e. Increased development fees Strongly support—25% Support—49% Oppose—17% Strongly Oppose—4% Don't know—4% f. A Town of Oro Valley personal property tax Strongly support—2% Support—20% Oppose—50% Strongly Oppose—22% Don't know—6% ' .tJ 7 Draft 1/18/2002 Oro Valley General Plan Preliminary Community Survey Responses Demographics, Public Participation 10. What are the nearest major cross-streets to your home? 11. HaveY ou ever visited the Town of Oro Valley web site(www.townoforovalley.com)? Yes—25% No—72% Don't know-3% 12. How long have you lived in Oro Valley? (in years) a. Less than three years—22% b. 3-5 years—19% c. 5-10 years—374 d. More than 10 years—21% e. Refused—2% 13. Do you live in Oro Valley more than 6 months of the year? a. yes—88/0 b. no-8% c. Don't know-4% 14. Excluding yourself, how many in your household fall into the following age groups? a. Under 5—8% b. 5to18-21% c. 19to44-24% d. 45to64-35% e. 65 and over—35% f. Refused—4% 15. Into which age category do you personally fall? a. 18to44-24% b. 45 to 64—34% c. 65 and over—39% d. Refused --4% 16. Do you work in Oro Valley? a. yes-11% b. no—86% c. Don't know—3% 17. Do you or any members of your household have a disability? a. Yes—104 b. No-86% c. Don't know-4% 17a. If yes,what type? a. Mobility—28% b. Sight—5% c. Hearing—5% d. Other—15% e. Refused—5% Vis: 8 Draft 1/18/2002 41.\°°441441LL...41141"6"01/0 GENERAL PLAN UPDATE 2020 Topic Focus Group Information General Plan elements will be grouped Groups are study areas in which by similar topics and reviewed in� � 'n conditions and to Focus Groupmeetings will be conducted to present findings regarding existing detail. Four Topic g n Goals Ob'ectives and Policies will also identify issues that are important to the community. The current General Pla J be reviewed. workshop duringwhich Town citizens will help to select the preferred land use A fifth meeting will be a design wo p Group. In the Community This workshopwill also include the Community Design/Urban Form Focusp alternative. Design element the Town's present vision for Community Designwill be explored.loved. We will also work together to own Center. Visionin for a conceptual Master Plan for State Trust Land north o determine if, and how, to create a T 9 f the Town boundary may be undertaken as well. will be held at 6:30 p.m. in the Town Council Chambers unless noted otherwise. All workshopsp I Open Space, Natural Resources and Environment. Monday, February 13,2002. General Plan elements to be addressed: • Environmental Planning • Natural Resources Conservation • Open Space* • Water Resources* • Cost of Development ✓ Circulation and PublicY Services. Monday, February 25,2002. General Plan elements to be addressed: • Circulation and Transportation • Public Safety,Facilities and Services • Water Resources • Cost of Development I Parks, Recreation,Culture. Tuesday, February 26,2002. General Plan elements to be addressed: • Parks and Recreation • Cultural and Historic Resources • Open Space* • Cost of Development* ✓ Housing&Economic Development. Monday, March 4,2002. General Plan elements to be Land Use, addressed: • Land Use • Growth Areas • Economic Development • Housing • Cost of Development* • Circulation* • Community Design* ✓ ommuni Design Forum. Monday, March 25,2002. General Plan elements to be addressed: C ty 9 • Community Design • Alternative Land Use Plans *overlap between topic groups. kL#14111-2.± TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: OV12-97-14B, THE WLB GROUP REQUESTS APPROVAL OF A FINAL PLAT FOR SAN JOSE PLAZA (PARCELS #22431002C, D, AND E) LOCATED ON THE EAST SIDE OF ORACLE ROAD 1/8 MILE NORTH OF EL CONQUISTADOR WAY ADDENDUM WITH INFORMATION RELATED TO THE DRAINAGE CHANNEL AND SLOPE TREATMENT DRAINAGE CHANNEL: On March 14, 1997, the Mayor and Council approved a conditional rezoning for the subject property. This rezoning (0V9-96-8) had the following condition: 3. The concrete or soil cement used to construct the drainageway shall be colored to match the indigenous soils on the site. Low-to-the-ground plantings adjacent to the constructed banks, or integrated into them, if possible, shall be used to reduce the visual impact of the drainage structure when viewed from the east and above the site. The DRB report for the subsequent development plan (0V12-97-14) has the following condition: 4. A plan to mitigate the visual impacts of the constructed drainageway shall be submitted for DRB and Town Council review as part of a revised landscape plan. Said plan must incorporate the use of plantings and colored concrete to camouflage the structure. The DRB report for the landscape plan has the following condition: 4. A landscape mitigation plan shall be submitted for review by Town Staff and Town Council addressing the visual buffering of the improved drainageway. However, the development plan and landscape plan were approved on October 1, 1997 with no specific mention of the drainage channel except as generally stated in the following condition: 4. All conditions imposed on OV9-96-8 shall remain in full force and effect until San Jose Plaza, all development areas, is complete. There is no record on file of any revision to the landscape plan to address the drainage channel and subsequent improvement plans do not show colored concrete. It appears that the condition may have been removed from the record based on a response letter from WLB indicating that the condition was addressed in the resubmitted landscape plan, but in fact, the resubmitted (and approved) landscape plan does not address the condition. Slope on the South Side The approved development plan has the following condition related to the slope on the south side of the property: F:\ov\ovi2\1997\12-97-14B\TCrpt020602 addendum.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 B 1. The artificial ridge created at the south end of the property shall be regraded and revegetated to the satisfaction of the Town Engineer and Planning and Zoning Director. The plan e shows this as a rip-rapped slope. Though there is no record in the file, it is my understanding, and recollection, that the Town reviewed the proposal and met with developer and neighbors on site to determine and later approve an acceptable concrete finish and color to replace the rip-rap. The constructed slope is part of lots 4, 5, and a small portion of 6. Plannil. ►d Zonin dministrator Community Development Director Town Manager F:\ov\ovi2\1997\12-97-14B\TCrpt020602 addendum.doc • ti p • C r 0 r rf 1q� -. rs/? ftH ° Irn99-�° o GG RIGH' Pr; 43 �� i,N r_o _ s \ "R'lg (1.7497.1,78' R• i,'- .3779.,,,-.. 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The development plan was approved on October 1, 1997 with a two-story hotel, two restaurant sites adjacent to Oracle Road, and two buildings toward the rear of the site to house smaller retail shops/offices. The adopted plan sets aside 3.97 acres as natural open space. Subsequent to development planapproval,a roval, the developer split the property into three lots; one for the Holiday Inn Express, one for Pizzeria Uno, and the remainder. This was a legal lot split, though the way the developer split the lots and drafted the CC&Rs for the hotel has created problems ensuring that there is good access between uses, shared parking, and maintenance of the site. The approved development plan is a full development plan with the stipulation that "[s]ubsequent structures in pp p Development Areas 2 through 5, will require the Development Review Board's Architectural Approval and p ldscap eplan approval." The approved development plan serves, in lieu of a preliminary plat, as the basis for the final plat. SUMMARY: The WLB Group, representing Len DeLarco, has requested to plat six lots, a natural open space area, Common Area A sloped area to the north or the hotel), and Common Area B (the drainage channel). Lots #1 and#2 (the p already exist for the hotel and Pizzeria Uno respectively. The new plat and draft revisions to the CC&Rs (to be recordedp rior to recordation of this plat) will correct some of the problems in the previous lots splits and CC&Rs. RECOMMENDATION: Staff finds that this proposal meets all requirements of the OVZCR and recommends approval. SUGGESTED MOTION: I move to approve OV 12-97-14B, Final Plat for San José Plaza, lots 1 thro 6, common are s A and B, and pp � natural open space. ATTACHMENTS: Pla •: • Zon'. 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(kip, � (� \'C� \ �O//0,'j tic; / R C7' V r41, 2 1 ..71 rii . 0 \ /// m 232 u> z aA / /\ /h4/ -i 2 23. 8' ',D, i i ) ——--' --,WI 2 ..1' ,c/ ,‘ \, -A -. 8' .� fs . ` p, ore \ 57 m _/ /,;,./(:),,,, NrnwN _v-rz_ _ - r,-,'s1 (,+ o i 8\mm o.'-a, v-i ' -` `-'-__ 547.61' 317.25' ii Et N00'06'03"E 859.03' 0 - (-) .... 1 : ... ......... ..... ,:,-',„ Ai CD K C w zoo ( z(�/) - 6g Dx o Z7 g w p�33 tj 0 1, 'i7) .(tel D OC Z `C) N D 0 rn � G cn N1 N r _ 0 5 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Jeffrey H. Weir, CEcD Economic Development Administrator SUBJECT: PUBLIC HEARING, OV 9-02-04,VENTANA MEDICAL SYSTEMS INC,LOCATED AT 1910 E. INNOVATION PARK DRIVE, REQUESTS A PAD INCLUSION ENABLED FROM THE RANCHO VISTOSO PAD SIGN GUIDELINES PER ORO VALLEY ZONING CODE REVISED, CHAPTER 12-104 D, PARCEL#219-20-8170. SUMMARY: Ventana Medical Systems Inc. recently completed relocation of all of their Tucson area employees into VMSI's new worldwide corporate facilities on Innovation Park Drive. This request fory our consideration and approval is an exemption for two items related to the existing Rancho Vistoso P.A.D. entry sign specifications. The first item is the use of amber LED's for halo effect lighting and the second item is the use of brushed aluminum lettering. Both of the requested exemptions are currently allowed under the Town of Oro Valleys Sign Code. The DRB Sign Agenda Committee met on Tuesday January 29,2002 and unanimously recommended approval for the sign request as submitted and forwarded their ecommendation to the Planning and Zoning Commission for their approval. The Planning and Zoning Commission will consider this item at the regular P & Z Commission meeting on Tuesday February 5, 2002. It is anticipated that P & Z will forward a recommendation for approval for the sign request to the Council for their meeting on February 6,2002. ATTACHMENTS: 1. P & Z Commission Report for meeting date February 5, 2002. 2. DRB Sign Agenda committee packet. 3. Letter dated January 24, 2002 from Mr. Gregg Forszt Senior Facilities Manager,VMSI, requesting exemption from the Rancho Vistoso PAD entry sign requirements. 4. Building Permit/Sign Application for VMSI entry signs from Cook& Co. Signmakers Inc. 5. July 20, 2001 letter to Cook and Company from TOV Community Development. 6. OV Sign Code, section 12-102. FISCAL IMPACT: N/A. RECOMMENDATION: Approval of exemption for the two items requested for the construction of a new entry sign for Ventana Medical Systems Inc. SUGGESTED MOTION: I move to approve OV 9-02-04, Ventana Medical Systems, Inc. request for a PAD Inclusion Enabled from the Rancho Vistoso PAD Sign Guidelines. TOWN OF ORO VALLEY [..m.......ww"P COUNCIL COMMUNICATION PAGE 2 OF 2 (f) IL.,,, ii' 2: v Jeffr: ' Weir, CEcD Economic Development Administrator (-)111 , 9 ' ,IA:,ii , i .11 Chuck Sweet Town Manager t. ORO VALLEY PLANNING & ZONING DEPARTMENT PLANNING AND ZONING COMMISSION REPORT MEETING DATE: February 5, 2002 TO: PLANNING AND ZONING COMMISSION FROM: Jerrilyn Billings, Planning Technician SUBJECT: PUBLIC HEARING, OV9-02-04, VENTANA MEDICAL SYSTEMS INC, LOCATED AT 1910 E. INNOVATION PARK DRIVE, REQUESTS A PAD INCLUSION ENABLED FROM THE RANCHO VISTOSO PAD SIGN GUIDELINES PER ORO VALLEY ZONING CODE REVISED,CHAPTER 12-104 D,PARCEL#219-20-8170 BACKGROUND: Gregg A. Forszt, Senior Facility Manager, who represents Ventana Medical Systems, is requesting an exemption from a portion of the Rancho Vistoso PAD Sign Guidelines. Sign Type P-2, Commercial Office p Area Entrance Identification Sign,the PAD requires materials to be brushed brass, brushed copper or copper patina. Furthermore, illumination for the sign requires halo neon or ground lighting utilizing white only.Ventana Medical is requesting the sign material to be brushed aluminum letters and illumination that would consist of amber LED lighting, which would be allowed under the current Oro Valley Sign Code. All other portions of the proposed sign package will meet the requirements of the Rancho Vistoso Sign Guidelines. ZONING: Chapter 12-104 D requires that in the event a PAD District has established its own sign requirements, the owner/residents of lands within identified planning area of that PAD, as determined by the Planning and Zoning Administrator, may elect to operate under OVZCR Chapter 12, Sign Requirements, in accordance with the following procedures: • A letter requesting exemption along with approval from the Master HOA. • Review of proposal by DRB and recommendation forwarded to the P &Z Commission • Review of proposal by the P & Z Commission and recommendation forwarded to the Town Council • A favorable motion by Town Council would allow the applicant's request to function under all the rules and regulations set forth in the OVZCR Chapter 12, Sign Requirements, which may include an entire exemption from the PAD Guidelines or a portion thereof. The above request has been reviewed by the Development Review Board Sign Agenda Committee which has recommended approval of the proposed sign package. Lewis Management, who represents the Master Home Owners Association,has also been contacted and is currently reviewing the proposal. RECOMMENDATION: Staff recommends approval of the PAD Inclusion Enabled for a portion thereof. All other requirements of the Rancho Vistoso Sign Guidelines shall apply. SUGGESTED MOTION: I move to forward 0V9-02-04,Ventana Medical Systems, Inc. request for a PAD Inclusion Enabled from the Rancho Vistoso PAD Sign Guidelines to the Town Council with a recommendation for approval. -OR- I move to forward OV9-02-04,Ventana Medical Systems, Inc. request for a PAD Inclusion Enabled from the Rancho Vistoso PAD Sign Guidelines to the Town Council with a recommendation for approval with the following changes: -OR- I move to forward OV9-02-04,Ventana Medical Systems, Inc. request for a PAD Inclusion Enabled from Rancho Vistoso PAD Sign Guidelines to the Town Council with a recommendation for denial. ATTACHMENTS: 1. Code References 2. Proposed Sign Package Bryant Nodine,Planning and Zoning Administrator 3. Applicant's letter of request PLANNING&ZONING DIVISION 11,000 N.La Canada Drive,Oro Valley AZ 85737 Phone:229-4800/Fax: 742-1022 January 28,2002 TO: DRB Sign Agenda Committee FROM: Jerrilyn Billings Planning Technician SUBJECT: Ventana Medical Systems 1910 E. Innovation Park Drive Oro Valley,AZ 85737 Gregg A. Forszt, Senior Facility Manager is requesting an exemption from the Rancho Vistoso PAD for the entry way sign. The Rancho Vistoso Sign Guidelines for a P-2 sign requires that the materials be either Brushed Brass, brushed Copper or Copper Patina. The sign would also need to be illuminated with White Neon only. Ventana Medical wishes to exclude themselves from a portion of the PAD Sign requirements and allow the signs to be regulated under the Oro Valley Sign code. This would allow them to permit brushed aluminum letters with Amber halo illumination. (please review attachments) Approval is recommended for the sign request as submitted and recommendation is made to the Planning and Zoning Commission for their approval. Denied: Approved: Agenda Committee Member Date Agenda Committee Member Date C:\My Documents\ventana med agenda.doc r • 1.0 !,,,of v\_.\ ENT- . 2 iii a: ilkII %ill ltamy i �� �i ' , 41111 (.1 O16: II \A - 6, ____ tit-4 • f 0 2 C..3' a 3 C./ r-�C Olt 1 S., . alCI 2 VI 1.1 o . r, iH ti- u' u Ovb v4 scg .c a. 1•�� ... -a T a 3 L = o- t L :J u u 41 •.:., a. _.3 c 3 °� > -o �. U C •O C L u O F 3 CI)1 o u ` o Q. ;n 9 Q ca ' It i �y L. . C N O ',3 _• L U �'�- 0 _ U 4J v ZJ C '7 > Ikil G FZi F. O E Ou •-o 3 :. 7c g c'il ‘a E.9 2-,, Z v p ') a.' i 3 t: C ,`1tit (`t 4J u N u t C.J 71 O N_ O ]l 1 I Z mE ►... 0 c = ° co 3 . • IiIU 3 ; aa 4* F..1 O u c N i__ sn = C V o • E. N iu — 713 ..-;11.1s u u u .p Z c4 V - -oco _ � C7 � Q � O p2 Z 3 CI t U N ._. u _. .. N = c!7 i •- O E-- c c E- c a. u C.. 1:3u Z s d = o Q a Q CC"le-t E� L C a ..: O -D Z Z U u , N O O ti <•c i- u U cr c a )- .= 3 (-) >, — . 2 Q E- ...J 3 .z -= z W u o . o u u -v • L o N Ca "O ~ G i ►�,. C vii u O O O. ' 7. U NO . 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C-,z31- tn-i L..) - t P.4f;c3 _ 4 li. iir. j \, . i a en a a a j n e tii a d '�'• ;IT v 1 g • I 1 ___ . ..,....L ,..) ,cci g 4 tl I E3 re r-.7, \ .;E ii 1 5_,_Iii” ( —5; A g X3 9 z �� �" ---1 Q : i at j u 1c --4 ..............-- ijW N• L=L1 - LL L _ . ,T - i\ <--ie\ - E 7 ___, . ._________________________ LIU < 1 �, v - - - � N SS W Z V) C 1 h< „, Z � h } g G= Z —.< c=3 r (= - _, z - , _1 Ai 0 4 td u 0 - 2 tgA o ElzM• RAI — c W — i - > in cr. e(\ 4 a `�J '4p _ " > v Ii ;",CI ' v 1 sc2._ v) k-;4-; 1 4/ I14 ,V i 1 n :r, ----------------- , 1:;:%'4 i( ' . c c' -----_______________-_____________. . i 01/22/02 09:02 FAX 5206222959 COOK S I GNMAKERS tgl 005 ///// . l - 1 5 L - io -- - . . .0 . . . 1. - c0 C . 1 BUILDING I _ . - . • , 1 dSERV1CC- 85,600 SQ: FT.' • . i _SINGLE STORY Asa • . - . .... • •. •. , • . . - . . toLI_ . . • A.q • - ibt . - . . . .., . __/---.-- • . ZIP' 1 IC.0 illitiiiiii • , tr! . 1;4 k 4, 1 • ,,,...r:._ 1 . , I • — -- . - - -,.. _01.14-1.11.1-k : ..•. '..-'.1:-•••.11. -,: 1 ' • 1 g ‘-'5;.i6S. ."67.:.ar.T. 7'..l: ::---I :-'7•:.... .e7-i . X . •• A,--- --!7_,,\ . . /s1Nt-LE':sT. ocre-,:- • ,::,-......*-i-,-: ... Ilk)* , \ 1 b• 1 I I — ' ,- • ik.\ : • . ..,., i i 1 - 50 :. -. 7 .. Viti'):. : • . . ....- ...,,, -.0\LA.\ pp- -vh;...,......e:/mAlatilIMIIIIIPNENTRY DRIVE rala •Ip fr . 4.1 A - - .• . . . Vi Ant (00111111111111\ . - 16 lb- ‘ ....: I. . L.. : •ii. . ...i. IN\A„,.......as ,. __..;._ . .- liprilliroP- 11.-ffillitit . . . . , . • - MIL • . -- . . _ . =.. _ . . . itil • qk7 1 ./ at . . 1 — BUILDING. 3 . .. , , um _ SIN.GLE STOI>A r 1 03 . 1 _ 1 •• - . . . , - 1 • • . . ILL._ • I .. e' ' - •• .•.,• - : - , - . _ . e - .., ! . • , .•:- / s.- . - • - ,#' t , \ - - • .-'r‘, N 1 1 SR; - . . . • i____Taxj( 7, • . . 560.44--- .4,,,,,tz -. a 1V- - _ • . - . tAe... . io . . - . . , - •• • . . . . . - . . . • .. . .. . . - . - - 1.. - •-• . • . • . • . . :.• • . :. • .- •- . V• 'i . ..;-- • \ . • . • . : . .., . ... . , 1 . .6-,... . . . ••._a • . ,.. . • - - . . • - 1 . -. • .. • ,: 1 . *.: .: 1.- - . , - -- ..,;: • . • .•:::•,- .. . •4 *,- ' ......... ...— -.----....--.— ........ -- .---- 1 \._.f.• • , - - _ - \ -.:.• .- . - ' . - 4 I -. -- • -- .: . . - - ..- . -•- • _ . . . • - . . . , b, ,iv4 > VENTANA / Ventana Medical Systems,s,Inc. 1910 Innovation Park Drive Tucson,Arizona 85737 Telephone: 520-227-2155 Toll Free: 800-227-2155 Fax: 520-887-2558 January 24, 2002 www.ventanamed.com Mr. Bryant Nodine Planning & Zoning Administrator Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Dear Mr. Nodine: This letter is to requestexemption an from the Rancho Vistoso PAD for the entry sign to the VMSI new worldwide corporate headquarters facility located at 1910 E. Innovation Park Drive. The i two items we request exemptions from are the use of amber LED's for i hting and usingbrushed aluminum lettering. I understand that both of these halo effect 1 lighting are currently allowed under the TOV Sign Code. I have contacted Linda Fruh of Lewis Management, provided her drawings and a copy of this request as well. g Please advise anyfurther requirements that I can be of assistance with. Si.crely, 1 -A I . (A .da-a-lidt11 Gregg A' '►rszt Senior Facility Manager CC: Lewis Management — Linda Fruh ZOOZ 1 Z NV r 01/22/02 09:02 FAX 5206222959 COOK SIGNMAKERS U]002 TOWN OF ORO VALLEY-B LDING r PERMIT APPLICATION __________ i I. APPLICANT TO FILL OUT TOP PORTION OF PERMIT APPLICATION. (PLEASE PRINT) PERMIT# ALSO, PLEASE COMPLETE GRADING AND CONTRACTOR INFORMATION ON INSIDE. ' °ROJECT ADDRESS SUBDIVISION NAME /9io E isCommerce, P 4oso .... APPLICANT MAILING ADDRESS CITY/STATEJZIP PHONE&Aa-d lip eak 4 Tucsc4 Az i ��� J, . l3 ���svn� l3 , -X868 �o _ asp _ PROPERTY OWNER MAILING ADDRESS i CITY/STATE/ZIP PHONE igdoreroe i02.- 5t' st0 s 1050 � ora va I t e Az_ e01-� ffieclioai� 5 s 01 s /0a� 85737 CONTRACTOR MAILING ADDRESS CITY/STATE/ZIP PHONE o©k Co i0 Mo7 Ajt4C-S 134 5 no-5od itIld -Thesok Az_U 857/6 _ CONTRACTOR'S ORO STATE TRANSACTION PRIVILEDGE(SALES) REGISTERED WITH ORO CONTRACTOR'S LIC.# VALLEY BUSINESS TAX# VALLEY FOR TOWN SALE,LESi LICENSE# 1/ TAX? YES NO V ����� 7 L.` ARCHITECT,ENGINEER OR DESIGNER(Circle One) MAILING ADDRESS CITY/STATE/ZIP PHONE USE OF BUILDING(SIGN PERMIT APPLICANTS COMPLETE LOWER PORTION OF PAGE 3) -•{ DESCRIBE WORK 1 .s/q e2d.? on Z exishn3 e r� ��� w all MODEL PERMIT#,NAME AND OPTIONS(If Applicable)/BUSINESS NAME IF COMMERCIAL PROJECT. 1 SECTION/TOWNSHIP/RANGE ASSESSORS PARCEL# BOOK/PAGE/SHEET ZONING LOT# r\--"" .IED VALUATION I `4' 4 NOTICE:Permits are required for electrical and mechanical installation.A F ;�:,a �� � permit becomes null and void if work or ',, �\ r--- Construction authorized is not commenced within 180 days or if construction or work is suspended or abandoned for a !!i1► --�''"� '•A t , period of 180 days at any lime after weak is commenced. l 1ittip."1"-PL$çJ8 I hereby certify that I have read and examined tins application and know the same to be true and oorred AU ATION \) provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not The NIA granting of a permit does not presume to give authority to violale or cancel the provisions of any other state or local law ular� construction or the performance of construcfion. ^e9 n9 APPLICANTS SIGNATURE: a0,1 7 )61,e&,2 . , . . , . .,.. PRINT NAME: j a V IVU 1\ 13e:q_e_s (DO NOT WRITE BELOW THIS LINE) OCCUPANCY GROUPS TYPE OF CONSTRUCTION I OF STORIES #OF UNITS ADDED PLUMBING? FIRE SPRINKLERS? i 1 Y N Y N USE DESCRIPTION FROM VALUATION TABLE I £QUARE FEET VALUATION PERMIT FEE BASED ON: STATED VALUATION CALCULATED VALUATION • DEPOSIT INFORMATION AMOUNT S CASH CHECK CHECK# TAKEN BY; VALUATION&SF TOTALS PLAN LOCATION: 01/22/02 09:02 FAX 5206222959 COOK SIGNMAKERS Z003 RECORD OF CONTACTS/COMMENTS 3 ACTED NaTE DATE PERSON CONT SfREMARKS O SIGN PERMIT INFORMATION TYPEO F SIGN,/ 45/07(dinc/%eIaeramc, wa j ,sig CJS TEMPORARY PERMAMENT_____m ON OF SIGN '/ i - DESCRIPTION � hyshcf G�1�,� �� Lf] HEIGHT COLOR G1 1 YHA II TYPE OF ILLUMINATIONQr dJ O _ ' • • K --)..., --5-. _c?/e : --3A' ----- / ' - .,\ ''------,v-------- . it,1 A, , ... ______________________ c$ 1. :cl - ...___ 1 I au •C U1--�j+ ti 1 _. l`-' _1 ,.g.t . 1 A I ig,e .1 " < Cil --x T . ., c_ 1 I,N -•7 r, c Dt u // /a%. i;:. ,.s ---.::... 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TOWN OF ORO VALLEY °�_ . 2 COMMUNITY DEVELOPMENT DEPARTMENT ARTMENT • Planning and Zoning • Building Safety 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 Af A -v t • Parks and Recreation T• 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 :. : = g1 bi °UN DED July 20, 2001 TO: Jan Bettes Cook and Company 134 S. Tucson Blvd Tucson, AZ 85716 (520) 622-2868 0 PD'i,S7 RE: Ventana Medical Systems Sign Guidelines Dear Jan, I met with Mark Lewis who is with Lewis Management and we discussed the signage for the above location. If you wish to submit for a sign permit, the following information and drawings will need to be included in the application process: 1. (2) two sets of scaled drawings showing the sign on the freestanding wall. a. Sign not to exceed a maximum of 40.0 square feet b. Proposed typeface will be ok to use. c. Sign may be reverse channel letters or flat cut out letters only. d. Sign may be halo illuminated, white neon only, or ground lit using concealed fixtures. e. Color of sign should be complimentary with the architecture of the business. White is prohibited. f. Drawings will show the size of the sign, (overall height x overall length) as well as, height of the wall and sign on the wall. 2. (2)two sets of attachment details and electrical information if the sign is to illuminate. 3. (2) sets of site plans showing the location of the sign and the setback from the property line. Once the application has been submitted, it will require an approval from the Homeowners Association of Rancho Vistoso. Once they have reviewed it and approved it, I will then be taking the application before the Development Review Board Sign Agenda Committee for their approval as well. I will be in contact with you on the dates that the application will be reviewed. You will not need to attend the meeting. If you have any questions or concerns regarding the above information,please feel free to contact me at 229-4852. Thank Y• mILL,"„ir Jerrilyn illings Planning Technician 07/13/01 09:31 FAX 5206222959 COOK SIGNMAKERS Ej002 1 , 1 11 i I I. 1 f fi 1 1, • ❑ I. I Z l I . [ . I l 1 I I. jl Q I. I I' it i. 1 I is . ! 2 I ,; [Liu] ,, , it . , , I� 1 ,: E 1 t ! -1 il I sRc I` i '_I 1 , i[ I , 1 1; M ,; ____11 ,t0 i. ,K , q , ii • , , !, a ,, . , • _________ ,: <„, . , :, Z HU �E ,! _ _ z• ,, c i , . . ,! f�..... 0 i' ,: f� i. i.i 2 i . . , . : . , , „ I. . , . . ,. . , i. 1 % \il :, -idtai ,, , , i . i d b .'4, ItPI' s':) 1 iNgic. ii. i. . ,. . i. I 1 . . ...., OV si,,, a,,iL SIGNS Sec. 12-102 Bp Impair or avoid or affect any grant or conveyance made or right acquired or cause of action now existing under any such amended ordinance or amendment thereto. Sec. 12-103 Requirement for Conformity 9 A. It shall be illegal for a sign to be designed, constructed, installed or maintained in the Town of Oro Valley except as provided in this Code. 1. All signs designed, erected, altered, relocated or maintained contrary to the provisions of this code are declared to be nuisances and such nuisances may be abated as provided by law. 2. The violation of any provision of this chapter, or failure to comply with any order or regulation made hereunder, shall constitute a misdemeanor. Persons or entities found guilty of violations shall be prosecuted in accordance with Article 1-10 of this ordinance. p 3. The provisions of this chapter shall not apply to the placement or maintenance of public art, (as defined in Section 4-504, Public Art Provisions) on any public or private property, nor within any public or private rights-of-way. Sec. 12-104 Comprehensive Sign Plan A. comprehensive com rehensive si9n plan for a proposed or existing development may be recommended by the Development Review Board and approved by the Town Council. The purpose of a comprehensive sign plan is to provide for the establishment of signage criteria that are tailored to a specific development or location, and which may vary from specific ordinance provisions. The intent is to provide for flexible sign criteria that promote superior design through architectural integration of the site, buildings, and signs. B. comprehensive com rehensive si9n plan shall include the location, size, height, type of illumination, landscaping, illumination and orientation, of all proposed signs, either permanent or temporary. C. A comprehensive sign plan containing elements which exceed the permitted height, area, and p number of P signs specified in this ordinance, may be recommended by the Development Review 9 Board and approved by Town Council only upon finding that: 1. The development site contains unique or distinctive, in terms of physical scale, topography, land use, architectural, or historical characteristics, which makes the development separate or distinguishing features that represent a clear variation from conventional development. 2 proposed signage ro osed si nage incorporates special design features consistent with the Town Design Guidelines. -,1".."-;,/ D/ PAD Inclusion Enabled - In the event that a Planned Area Development District (PAD) has established its own sign requirements, the owners/residents of lands within identified planning areas re of that PAD, as determined by the Planning and Zoning Administrator, may elect to operate under Chapter 12, Sign Requirements, in accordance with the following procedure set forth below: 1. A letter requesting exemption from PAD sign regulations must be submitted by a property owner within theP lanning area of the PAD. The letter shall be accompanied by a list of all homeowners'/Master Associations within the subject planning area. Upon review by the (Rev.6/99) Oro Valley Zoning Code Revised 12-3 Sec. 12-104 SIGNS Administrator, the request will be scheduled for public hearing before the Planning and Zoning Commission, not less than 21 days from the date of receipt. The request must also be scheduled for review bythe DRB Agenda Committee for their recommendation to the Planning and Zoning Commission. 2. Not less than 15 days prior to the Planning and Zoning Commission hearing, Town staff shall verify the list of Associations for accuracy and completeness, and shall, by first class mail, notify them of the Planning and Zoning Commission hearing date. from all affected Homeowners'IMaster Associations must be received, 3. Letters of acceptance either with theletterrequest,of re uest, or prior to Planning and Zoning Commission consideration. Failure to receive such approvals shall result in cancellation of the proceedings and denial of the request at the staff level. 4. The Planning and ZoningCommission shall hear the applicant's request for exemption from the adopted PAD sign regulations, in favor of the regulations set forth in this chapter, and make recommendation to the Town Council in the matter. 5. The Town Council shall consider the applicant's request for exemption from the PAD sign regulations and shall render its decision. A favorable motion shall have the effect of applying all rules and regulations set forth in this chapter of the applicant's particular project area which may include the entire PAD or a portion thereof as contained in the application. E. The Town of Oro Valley, upon a vote bya majority of the Town Council, at a duly noticed public hearing, may exempt itself from any or all provisions of this code. Sec. 12-105 Non-Conforming and Discontinued Signs A. Signs Rendered Non-Conforminq p 1. lf, at the time of the adoption of this sign ordinance, or amendments thereto, or of any extension resulting from annexation, or of any amendment to the Oro Valley Town Code, any sign which is beingused in a manner or for a purpose which was otherwise lawful, but does not conform to the provisions of this ordinance, shall be deemed non-conforming. Such sign may continue onlyin the manner, and to the extent that it existed at the time of such adoption, amendment or extension. 2. Any sign which h becomes non-conforming subsequent to the effective date of this ordinance, either by reason of annexation to the Town, or amendment to the Zoning Ordinance, or other provisions of the Town Code so as to render such sign non-conforming, shall be permitted to remain in place, provided the sign:. a) is not increased in area or height; b) remains structurallyunchanged, except for reasonable repairs or alteration; and c) is placed in the same relative position on the remaining property that it occupied prior to the relocation; and d) is relocated in a manner so as to comply with applicable safety requirements. 12-4 (Rev_6199 Oro valley Zoning cock Revised TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan Dudley, Town Attorney SUBJECT: Resolution No. (R) 02.8 ; making that certain document, Oro Valley Town Code Chapter 10, Offenses, a public record. SUMMARY: Presented is the amendment to Oro Valley Town Code Chapter 10, Offenses, which is declared to be a public record and which will remain on file in the Town Clerk's office as a public record for at least thirty ((30) da s thereafter at which time Ordinance No. (0) 02 - * will be brought before the Council for y consideration and action.(*Ord finance No. will be assigned at time of agenda posting. ) Amendments to Chapter 10, Offenses, provides regulations and enforcement mechanisms relative to activities believed undesirable. Over the years, the Prosecutor's Office and the OVPD have faced various situations for which no ordinance existed within the Oro Valley Town Code to prohibit activities believed undesirable by the OVPD and the Town Attorney's office. By amending Chapter 10, Offenses, the Town will be able to regulate and or prohibit the activities in certain 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 10-1-31 Possession of Butterfly Knives 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 Paraphernalia; Acting as Lookout TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 10-1-37 Same— Seizure, Destruction of Paraphernalia 10-1-38 Open Container in Public Prohibited 10-6 Anti-Graffiti 10-7 Regulating Picketing 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 RECOMMENDATION: I move to approve Resolution No. (R) 02 - 08 , making the amendment to the Oro Valley Town Code Chapter 10, Offenses, Council, a public record. ATTACHMENTS: 1) Resolution No. (R) 02 -08 2) Ordinance No. (0) 02 - 3) Proposed Omnibus Criminal Code (Public Record) , )-7 / 1C --- i;' Town Attorney Oiej7 i , , , Town Manag•r RESOLUTION NO. (R) 02- 08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE TOWN CLERK AND ENTITLED THE OMNIBUS CRIMINAL CODE REVISION, INCLUDING AMENDMENTS AND ADDITIONS TO "ARTICLE 10-1, MISCELLANEOUS OFFENSES," "ARTICLE 10-6, ANTI-GRAFFITI," "ARTICLE 10-7, REGULATING PICKETING OF A PRIVATE RESIDENCE IN RESIDENTIALLY ZONED DISTRICTS," "ARTICLE 10-8, LASER POINTERS," "ARTICLE 10- 9, HANDBILLS," "ARTICLE 10-10, LOUD AND UNRULY GATHERINGS," "NEWSRACKS," AND "ARTICLE 10-12, PARADE AND PUBLIC ASSEMBLY," OF THE TOWN OF ORO VALLEY TOWN CODE. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that those certain documents entitled the Omnibus Criminal Code Revision, including amendments and additions to "Article 10-1, Miscellaneous Offenses," "Article 10-6, Anti-Graffiti," "Article 10-7, Regulating Picketing of a Private Residence in Residentially Zoned Districts," "Article 10-8, Laser Pointers," "Article 10-9, Handbills," "Article 10-10, Loud and Unruly Gatherings," "Newsracks," and "Article 10-12, Parade and Public Assembly" of the Oro Valley Town Code," three copies of which are on file in the office of the Town Clerk, are hereby declared to be public records, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of February , 2002. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Ch 10 Public Record Office of the Oro Valley Town Attorney/sib 1.29.02 ORDINANCE NO. (0) 02 - AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA, RELATING TO THE OMNIBUS CREVIINAL CODE REVISION WHICH COMPILES A NUMBER OF REGULATIONS FOR VARIOUS CREVIINAL 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 OFFENSES; AUTHORIZING ADDITIONAL SECTIONS TO THE ORO 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 WHEREAS, pursuant to ARS § 9-240(B)(12), the Town Council shall regulate the Police of the Town, and prescribe their powers and duties; and WHEREAS, pursuant to Oro Valley Town Code 4-1-5,Duties of Police Department, it is the duty of the police department, under the direction of the Police Chief, to enforce the Oro Valley Town Code and the statutes of the State of Arizona within jurisdictional limits as conferred by law, and to arrest and charge the violators thereof; and WHEREAS, penalties are provided for violating any provision of these Articles which prescribes the Town's various criminal code regulations and enforcement mechanisms; and WHEREAS, the 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. A. That certain document known as "Article 10-1, Miscellaneous Offenses, 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 by Resolution No. (R) 02 - 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 10-1-23 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 found guilty of violating this Code shall be punished by a fine of not more 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) years 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 by Resolution No. (R) 02 - 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 in jail or probation or by both fine and imprisonment and 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 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 of indigence, the court may decline to order fines against the minor, parents, or guardian. (B) Restitution. In addition to any 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 offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and 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 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 proceeding under 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 by the Arizona and United States constitutions. (D) Community Service. In lieu of, or as part of, the penalties specified in this Section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements: (1) The minor or adult shall perform at least thirty (30) hours of community service within the Town boundaries of Oro Valley. (2) At least one parent or guardian of the minor shall be in attendance a minimum of fifty percent (50%) of the period of assigned community service. (3) The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police. (4)Reasonable effort shall be made 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 community service 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 offense in the Town's option, to perform 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 Storage. Any person who sells, displays or stores, or permits the sale, display or storage, of graffiti 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 such party's prosecution of a civil claim for reimbursement or damages 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 the provisions 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 Residentially Zoned 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, Arizona, which document was made a public record by Resolution No. (R) 02 - 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 4. That certain document known as "Article 10-8, Laser Pointers," 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 by Resolution No. (R) 02 - 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 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 by Resolution No. (R) 02 - 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 in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 02 - 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 10-10-5 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 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. SECTION 7. That certain document known as "Article 10-11, Newsracks," 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 by Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 Resolution No. (R) 02 - 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 8. That certain document known as "Article 10-12, Parade and Public Assembly," 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 by Resolution No. (R) 02 - 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 9. Pursuant to ARS § 41-1346, the governing body of 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 10. 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 11. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this day of , 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 CRI IINAL CODE 10-1-16 Abandoned 10-1-13 Urinating or Defecating Refrigerator, Icebox or in Public. Container. It is unlawful for any person to A. It shall be unlawful for urinate or defecate in a public place, or any person to leave outside of any any place exposed to any public view, building or dwelling, or in a place except in an established lavatory or accessible to children any abandoned, toilet. Any violation of this provision unattended or discarded icebox, shall be a class one misdemeanor. refrigerator or any other container of any kind which has an airtight door or lock 10-1-14 Soliciting Passengers 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 upon any transportation any person to leave outside of any 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, purposes of soliciting passengers for any unattended or discarded icebox, purpose, or soliciting passengers, guests refrigerator or any other container of any or baggage to be transported or carried kind which has an airtight snaplock or 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, signpost or board containing the beyond the property lines of property 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 number placed 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, water tank or tower, public art, public plastic or paper; (4) machinery parts, exhibit, public bench, public including vehicles; (5) inoperative amphitheater, music stand, sidewalk or material wastes; (7) litter; (8) discarded path or other property belonging to the or empty containers, except those in Town shall be guilty of a Class One authorized recycling containers; or (9) Misdemeanor. items that in their present state are of minimal value without being transported shall be governed by this Code. This or processed; which is not confined provision shall not apply to any items within a junkyard as properly licensed intended for immediate use for sporting by the Town and in an appropriately or other recreational activities; to duly zoned area. sworn peace officers before, during or after the normal course of their duties; or 10-1-20 Willful Failure to to Town personnel if such an item is Return Library normally used as a tool within the course Property. of their duties. It shall be unlawful for any person to willfully fail to return any 10-1-23 Penalties Unless book, pamphlet, record, magazine or otherwise specified, all violations of other property of any library located Chapter 10 of the Oro Valley Town within the municipal boundaries within Code, all violations of the Oro Valley five (5) calendar days after receipt of Zoning Code, all violations of the notice from the library demanding return adopted Building and Fire Codes and of such property. For purposes of this other Town Codes shall be designated as Section, any library record showing a class one misdemeanors. Any person notification being sent will be found guilty of violating this Code shall automatically admissible in any court be punished by a fine of not more than proceeding without any further action. two thousand five hundred dollars Any such mailing will be presumed by ($2,500.00); imprisonment for not more the court to be received by the person than one hundred eighty (180) days; or three (3) days after the date of such placed on probation up to three (3) years mailing. or any combination thereof. In the case of a minor person, the parents or legal 10-1-21 Expectorating on guardian shall be jointly and severably Sidewalks or in Public liable with the minor for the payment of Buildings. all fines and terms of probation. It shall be unlawful for any person to expectorate upon any of the 10-1-24 Impersonating a Police sidewalks or upon the floors of any Officer. indoor or outdoor theater, public No person shall impersonate or building, church or room used for public hold himself out to be a police officer of assemblies. Such violation shall be a this State, or use, wear or display an Class Two misdemeanor. insignia, badge or indicia of a peace officer of this State, as may be evidenced 10-1-22 Weapons in Parks or by the use of the words police, sheriff, Other Public Places federal agent on such various insignia; Prohibited. nor shall such person operate or permit It shall be unlawful for any to be operating a motor vehicle with a person to carry or otherwise possess a siren, or red light, blue light or white weapon anywhere within a public park light whether flashing or steady beam, in or public building. State Law shall conjunction with any insignia used by govern all firearm prohibition at a park peace officers of this State unless such or public building. All other weapons person is currently employed as a peace officer of this state.. 10-1-28 Weapons Near A School Prohibited. 10-1-25 Prohibited Use of Public It shall be unlawful for anyone to Right-of-Way. carry or otherwise possess any weapon It shall be unlawful for any as defined in the state statutes or Town person to use a public street, highway, Code within 250 feet of any school or alley, lane, parkway, sidewalk or other school grounds, public or private, right-of-way, whether such right-of-way located within the Town limits unless has been dedicated to the public in fee or such weapon is located within a private by easement or otherwise, for lying, residence already located within 250 feet sleeping or remaining in a sitting of any school or school grounds, and is position thereof, except in the case of a possessed by the authorized physical emergency or the owner/occupant. This provision also administration of medical assistance. shall not apply to areas such as a park where state law provisions regarding 10-1-26 Prohibited Use of Town firearms take precedence if such a Park Logo. is within 250 feet of a school. However, It shall be unlawful for any the person possessing such a firearm in person to manufacture, make, sell, such an area must comply with the design, transfer or use any item which current state law or this Code shall take has the Oro Valley Town logo contained effect. This provision shall apply on it without the express prior consent of whether the school is in session at the the Oro Valley Town Council or their time or not. This provision shall not designee, or, in an emergency situation, apply to any items intended for the approval of the Town Manager. Nor immediate use for sporting or other may any item or insignia, regardless of recreational activities; to any duly shape or design, which has the words qualified peace officer, or any Town or "Town" or "Oro" or "Valley", either school personnel for which the weapon used separately, together or in a is reasonably classified as a "tool" for combination which indicates a the scope of their duties. connection to an official Town sponsorship, be used without the prior 10-1-29 Town Property— approval of the Town Council or their Squatting on designee. This shall include election Prohibited. materials and/or publications. All persons entering upon, or assisting to enter upon; enclosing, or 10-1-27 Unlawful Parking assisting to enclose; locating, or assisting It shall be unlawful for a vehicle to locate upon; or in any manner to stand, stop, and park or otherwise connected with taking up, occupying, block, on all roads within the Town, enclosing or assisting to enclose, or public or private, any main traveled obstructing any property under the portion of any roadway. authority of the Town, for the purpose of taking possession, directly or indirectly, of any of the vacant or unoccupied lands, simply on display as part of a regular 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 by the Town, shall be 10-1-31 Possession of Butterfly guilty of a Class One Misdemeanor. Knives and Brass Knuckles Prohibited. 10-1-30 Throwing Stars and It is unlawful for any person to 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 A. It is unlawful for any of being opened and locked by one hand person in this Town to sell, lend, or give (commonly known as a "butterfly to a minor, or to allow a minor to knife") or any instrument designed to possess, any instrument, without slip onto the hand and commonly known handles, consisting of a metal plate as "brass knuckles" anywhere within the having three (3) or more radiating points town limits of Oro Valley unless such with one (1) or more sharp edges and items are part of a regular exhibit designed in the shape of a polygon, capable of being viewed by the public or trefoil, cross, star, diamond, or any other are being used as a tool in the regular 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 or give to a minor, or allow a minor to Government Operations possess, any instrument consisting of A person commits obstructing a two handles of any hard material government operation is such person connected by a chain, 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, keep for 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 tournament currently in session and speaking except for a serious medical properly sanctioned by the governing emergency. It is unlawful to use 9-1-1 body of such martial arts discipline. It is for a situation that is not an emergency if a defense to this charge if such items are such a person does so on more than one occasion within any ninety (90) day 1. To submit to public view period and has been previously the named areas without cover; or instructed not to call the number for the 2. To submit to public view purpose called for previously. the named areas with cover or less than one (1) layer of opaque covering. 10-1-34 Indecent Exposure. A. It shall be unlawful for 10-1-35 Loitering. any person to recklessly or willingly A person is guilty of loitering expose or display his or her anus, when he: buttocks, genitals, pubic areas, areola 1. Loiters, remains or and/or the nipple of the female breast to wanders about in a public place for the view by any member of the public, or purpose of begging; or recklessly or willfully aid or assist in the 2. Loiters or remains in a exposure or display of another's anus, public place for the purpose of gambling buttocks, genitals, pubic areas, areola with cards, dice or other gambling and/or the nipple of the female breast in paraphernalia; or any place viewable by a member of the 3. Loiters or remains in a public, including police officers, public place for the purpose of engaging including, but not limited to, a street, or soliciting another person to engage in alleyway, driveway, right-of-way, deviate sexual intercourse or other parking lot, park, bus stop, hallways, sexual behavior of a deviate nature; or aisle, places of assembly whether indoor 4. Loiters or remains in or or outdoor, such as bingo halls, fairs, about a school, not having any reason or carnivals, businesses, swap meets, relationship involving custody of or museums, or any other place of public responsibility for a pupil or student, or accommodation, but not to include: any other specific, legitimate reason for 1. Regular or authorized being there, and not having written performers or performances on theater, permission from anyone authorized to concert hall, music hall or nightclub grant the same; or stages, or movie house screens, bars or 5. Whenever a peace officer restaurants, except as prohibited in other has reasonable suspicion that a person sections of this Code. has violated a federal law, state law or B. It shall be no defense that town code provision, that person shall the viewer or viewers: provide proof of identity upon request 1. Consented to the Proof of identity shall be defined as that exposure or display; or described in Arizona Revised Statute 28- 2. Voluntarily subjected 1595 (b) or its progeny; or himself or herself to the exposure or 6. Loiters or remains in any display; or transportation facility, unless specifically 3. Was not, or were not, authorized to do so, for the purpose of annoyed, offended, shocked or outraged soliciting or engaging in any business, by the exposure or display. trade or commercial transaction C. In this Section, unless the involving the sale of merchandise or context requires otherwise, "exposure or services; or for the purpose of display" means: entertaining persons by singing, dancing or playing any musical instrument; or 7. Loiters or remains in any transportation facility, bus stop, etc. or is 10-1-38 Open Container in found sleeping therein, and is unable to Public Prohibited. give a satisfactory explanation of his It is unlawful for any person to presence; or consume an alcoholic beverage in 8. Loiters or remains in any public, or to be in possession of any place with one (1) or more persons for open container of an alcoholic beverage the purpose of lawfully using or 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 Paraphernalia; Acting every beverage. "In public" shall As Lookout. include the common areas of apartment If any person shall keep or complexes in its definition. A person exhibit any box, pipe, cup, hypodermic located on their private balcony area of needle, thing, or apparatus used for an apartment building is not considered 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 lookout or tender at any place where Should any portion of any such acts are practiced or carried on, s/he provision of the Oro Valley Town Code shall be guilty of 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 nothing herein contained shall prevent the destruction of such articles no longer required to be retained as evidence. ARTICLE 10-6 used to make permanent marks on any ANTI-GRAFFITI natural or man-made surface. D. Graffiti means any 10-6-1 Reserved unauthorized inscription, word, figure, 10-6-2 Definitions painting or other defacement that is 10-6-3 Prohibited Acts written, marked, etched, scratched, 10-6-4 Accessibility 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, 10-6-7 Graffiti as Nuisance despite advance authorization, is 10-6-8 Removal of Graffiti by otherwise deemed a public nuisance by Perpetrator the Town Council. 10-6-9 Removal of Graffiti by E. Graffiti implement means Property Owner or an aerosol paint container, a broad- Town tipped marker, gum label, paint stick or 10-6-10 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 10-6-1 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 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 capable of defacing property. unlawful for any person to apply graffiti B. Broad-tipped marker to any natural or man-made surface on means any felt tip indelible marker or any Town-owned property, or, without similar implement with a flat or angled the permission of the owner or occupant, writing surface that, at its broadest on any non-Town-owned property. width, is greater than one-fourth (1/4th) B. Possession of Graffiti of an inch, containing ink or other Implements: pigmented liquid that is not water 1. By Minors at or Near soluble. School Facilities. It shall be unlawful C. Etching equipment means for any person under the age of eighteen any tool, device, or substance that can be (18) years to possess any graffiti i � implement while on any school property, eighteen (18) years without the written grounds, facilities, buildings, or consent of the parents or guardian of the structures, or in areas immediately person. adjacent to those specific locations upon B. Display and Storage. public property, or upon private property 1. Every person who owns, without the prior written consent of the conducts, operates, or manages a retail owner or occupant of such private commercial establishment selling property. The provisions of this Section aerosol paint containers, paint sticks, or shall not apply to the possession of broad-tipped markers shall store the broad-tipped markers or other containers, sticks or markers in an area instruments by a minor attending or continuously observable, through direct travelling to or from a school at which visual observation of surveillance the minor is enrolled if the minor is equipment, by employees of the retail participating in a class at the school that establishment during the regular course formally requires the possession of of business. broad-tipped markers or other such 2. In the event that a instruments. The burden of proof in any commercial retail establishment is prosecution for violation of this Section unable to store the aerosol paint shall be upon the minor student to containers, paint sticks, or broad-tipped establish the need to possess a broad- markers in an area as provided above, tipped marker. the establishment shall store the containers, sticks, and markers in an area 2. In Designated Public not accessible to the public in the regular Places. It shall be unlawful for any course of business without employee person to possess any graffiti implement assistance. while in or upon any public facility, C. Signage Required. Every park, playground, swimming pool, person who operates a retail commercial recreational facility, or other public establishment selling graffiti implements building or structure owned or operated shall: by the Town or while in or within fifty 1. Place a sign in clear, (50) feet of an underpass, 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 authorized by the Town. personal property with paint or any other liquid or device is guilty of a crime 10-6-4 Accessibility 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 parent or legal accepting customer payment for graffiti guardian to sell, exchange, give, loan, or implements stating: "Selling spray otherwise furnish, or cause to permit to paint, paint sticks, or broad-tipped be exchanged, given, loaned, or markers to persons under 18 years of age otherwise furnished, any aerosol paint 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. property. In any forfeiture proceeding 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 twenty five dollars ($25.00) for the first forfeiture is commensurate with the 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 in jail or D. Community Service. In probation or by both fine and lieu of, or as part of, the penalties imprisonment and 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: and severably 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. 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 of indigence, the court may 3. The entire period of decline to order fines against the minor, community service shall be performed parents or guardian. 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. 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 Property. All personal property, offense in the Town shall be required, at including, but not limited to, the Town's option, to perform automobiles, motorcycles and bicycles, community service, including graffiti 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 person who sells, displays investigates and verifies the accuracy of or stores, or permits the sale, display 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 by any party in connection with means of a mobile or cellular phone an the removal of graffiti, or such party's act of graffiti vandalism or existence of prosecution of a civil claim for graffiti within the Town the amount of reimbursement or damages resulting the 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 Nuisances displayed or stored graffiti implement in A. The existence of graffiti violation of the provisions of this Code, on public or private property in violation provided that such liability shall 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. or private property by the use of graffiti. Any person applying graffiti on The local police department shall public or private property shall have the administer such reward program. In the duty to remove the graffiti within event of damage to public property, the twenty-four (24) hours after notice by offender or the parents or legal guardian the Town or private owner of the of any unemancipated 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 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 unemancipated minor applies graffiti, requirements of subsection A above the parents or legal guardian 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 Town. responsible party has an active program If graffiti is not removed by the for the removal of graffiti and has perpetrator according to Section 10-6-8, scheduled the removal of the graffiti as graffiti shall be removed pursuant 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 primary responsibility for control of defacement. property or for repair or maintenance of C. Right of Town to property in the Town to permit property Remove. that is defaced with graffiti to remain 1. Use of Public Funds. defaced for a 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 following information: property viewable from a public or 1. The street address and quasi-public place, the Town shall be legal description of the property authorized to use public funds for the sufficient for identification of the removal of the graffiti, or for the property; painting or repairing of the graffiti, but 2. A statement that the shall not authorize or undertake to property is a potential graffiti nuisance provide for the painting or repair of any property with a concise description of more extensive an area than where the the conditions leading to the finding; graffiti is located, unless the Town 3. A statement that the Manager, or the designee of the Town graffiti must be removed within ten (10) Manager, determines in writing that a days after receipt 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 time, the Town will declare the property aesthetic disfigurement to the to be a public nuisance, subject to the neighborhood or community, or unless abatement procedures in Town Code the property owner or responsible party Section 10-6-9; and agrees to pay for the costs of repainting 4. An information sheet or repairing the more extensive area. identifying any graffiti removal 2. Right of Entry on Private assistance programs 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 property owner or responsible party and the Hearing Officer after the due process a release of the Town from liability for hearing shall be final and not appealable. property damage or personal injury. If If, after the due process hearing, the property owner or responsible party regardless of the attendance of the owner fails to remove the offending graffiti or the responsible party or their within the time specified by this Code, respective agents, the Hearing Officer or if the Town has requested consent to determines that the property contains remove or paint over the offending graffiti viewable from a public or quasi- graffiti, and the property owner or public place, the Hearing Officer shall 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 Section, the Town shall commence enter upon the property, cause the abatement and cost recovery proceedings removal, painting over (in such color as for the graffiti removal according 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. 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 responsible for the maintenance of the sooner than the time specified in the property, if a person is different than the order of the Hearing Officer, the Town owner, 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 hearing at which the eradication order and shall provide an property owner or responsible party shall accounting to the owner and the be entitled to present evidence and argue responsible party of the costs thereof that the property does not constitute a 4. Cost Hearing. The owner public nuisance. Notice shall be deemed or responsible party may request a cost to be completed if served by First Class hearing before the Hearing Officer on Mail. There shall be a presumption that the eradication accounting, and the mail was delivered in any legal 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 the notice may be served by posting a no hearing is requested, after the copy thereof in a conspicuous place implementation of the eradication order, upon the property for a period of ten (10) the Hearing Officer determines that all days and publication thereof in a or a portion of the costs are newspaper of general circulation appropriately chargeable to the published in the area in which the eradication effort, the total amount set property is located. forth in the eradication accounting, or an 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 Hearing Officer that are 4. The permittee's providing less than the total amount set forth in the the Town with sufficient matching paint eradication accounting shall 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. 5. Lien. As to such property C. Condition Tentative where the responsible party is the Maps. In approving tentative or parcel property owner, if all or any portion of maps, conditional use permits, variances, the assessed eradication charges remain or other similar land use entitlements, unpaid after thirty (30) days, pursuant to the Town shall consider imposing any or the authority created by State law, the all of the following conditions, or other portion thereof that remains unpaid shall similar or related conditions, at the constitute a lien on the property that was public hearing required by law for 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. and upon passage and adoption thereof, 1. Use of Anti-Graffiti 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. Any gas, electric, designee, to be likely to attract graffiti; telephone, water, sewer, cable, telephone 2. Right of Access to and other utility operating in the Town Remove Graffiti. Developer shall shall paint 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. The permittee's application 3. Supply Town with of an anti-graffiti material to the Graffiti-Removal Material. Developer encroaching object of a type 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. The permittee's immediate and/or anti-graffiti material on demand removal of any graffiti. for use in the painting over or removal of graffiti; or 4. Owner to Immediately abatement hearing, at the discretion of Remove Graffiti. Developer shall, either the Hearing Officer. as part of the general conditions, 1. At Owner's Expense. covenants and restrictions, or separate Any surface of a structure on a parcel of covenants recorded against individual land for non-residential purposes that lots, prior to resale of any of the parcels, has been defaced with graffiti equal to or covenant in a form satisfactory to 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 any graffiti placed nuisance and required to be retrofitted, at 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 applicant for design review approval, more convenient or efficient removal of conditional use permit, special use graffiti. In exercising the authority permit, unclassified use permit, hereunder, the Town may not impose a development agreement, or other form of cost on the property owner of greater development or building permit shall, to than two thousand five hundred dollars the extent deemed feasible by the Town ($2,500.00.). Manager, or the designee of the Town 2. At Town's Cost. The 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 in such a manner to a surface of a structure that has been consider prevention 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, 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 design to break up 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 Residential Structures. The following fund. The Council shall direct the provisions may be 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, the payment, 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 Picketing of Private Nothing herein shall prohibit: Residence Prohibited A. The picketing of a 10-7-3 Exemptions residence which is used as the 10-7-4 Time Restrictions occupant's sole place of business. 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 any of 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 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. 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 10-8-1 Purpose and Intent. hand-held device containing a small 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 the mishandling 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 Administration and other agencies have individual, partnership, cooperative issued warnings on the misuse of laser association, private corporation, personal pointers, particularly in 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 impairment, exposure to lasers can cause any person to direct the light from a laser temporary distraction or panic, posing pointer into the eye or eyes of another the potential for serious physical harm in person. some cases; B. It shall be unlawful for D. Laser pointer beams have any person to direct the light from a laser been misused by minors and others to pointer upon another person, a person's distract, harass, alarm or annoy persons vehicle, or upon an animal, without or animals, and can be mistaken for the consent. laser sighting device of a firearm; and C. This Section shall not E. Laser pointer use with the apply to: Town threatens public peace, 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 its police 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 10-1-23e ARTICLE 10-9 HANDBILLS they do not wish to be solicited by such 10-9-1 Intent and Purpose persons or do not desire to receive 10-9-2 Definitions handbills or advertising matter; 10-9-3 Posting Notice, Placard, B. To protect the people Bill, Etc., Prohibited against the health and safety menace and 10-9-4 Throwing Handbills in the expense incident to the littering of Public Places Prohibited the streets and public places by the 10-9-5 Placing Handbills In or promiscuous and uncontrolled Upon Vehicles distribution of advertising matter and 10-9-6 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; protect the people 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 to public 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 the purposes of this Code are or advertises any meeting, theatrical specifically declared to be as follows: performance, exhibition, or event of any kind, for which an admission fee is A. To protect local residents charged for the purpose of private gain against trespassing by solicitors, or profit; but the terms of this clause canvassers or handbill distributors upon shall not apply where an admission fee is the private property of such residents if charged or a collection is taken up for 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 given or takes place in connection with which depicts or describes sexual the dissemination of information which conduct that is objectionable or is not restricted under the ordinary rules offensive to accepted standards of of decency, good morals, public peace, decency which the average person, safety and good order; provided, that applying contemporary community nothing contained in this clause shall be standards would find, taken as a whole, derived to authorize the holding, giving appeals to prurient interests or material or taking place of any meeting, theatrical which depicts or describes, in a patently performance, exhibition, or event of any offensive way, sexual conduct kind without a license, where such specifically defined by the applicable license is or may be required by any law State law, which, taken as a whole, lacks of this State, or under any ordinance of serious literary, artistic, political, or this Town; or scientific value. 4. Which, while containing E. Person shall mean and reading matter other than advertising include any person, firm, partnership, matter, is predominantly and essentially association, corporation, company or an advertisement, and is distributed or organization of any kind. circulated for advertising purposes, or F. Private premises shall for the private benefit and gain of any mean and include any dwelling, house, person so engaged as advertiser or building, or other structure, designed or distributor. This shall not apply 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. regulation, and any newspaper filed and G. Public place shall mean recorded with any recording officer as and include any and all streets, provided by general law; and, in addition boulevards, avenues, lanes, alleys, or thereto, shall mean and include any other public ways, and any and all public periodical or current magazine regularly parks, squares, spaces, plazas, business 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 in or upon any Bill, Etc., Prohibited. automobile or other vehicle. The No person shall post, stick, provisions of this Section shall not be stamp, paint or otherwise affix, or cause deemed to prohibit the handing, the same to be done by any person, any transmitting or distributing of any notice, placard, bill, card, poster, commercial or non-commercial handbill advertisement or other paper 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, 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 railings, gates or other parts of any person to distribute, deposit, place, 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 person to deposit, place, throw, scatter or non-commercial handbill upon any cast any commercial or non-commercial premises, if requested by anyone thereon handbill in or upon any 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 public place 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 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 then present 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 LOUD OR UNRULY GATHERINGS with a notice as provided in this section each time an unruly gathering occurs. In 10-10-1 Definition — Loud the event that premises are already Gathering Unlawful. posted at the time of the subsequent An unruly gathering is a posting, the one hundred twenty day gathering of five (5) or more persons on period from the date of the existing any private property, including property posting shall be extended to one hundred used to conduct business, in a manner twenty days from the date of the which causes a disturbance of the quiet subsequent posting. Once premises are enjoyment of private or public property initially posted as a result of an unruly by any person or persons, and shall be gathering and the conduct causing the unlawful. Such disturbances include, gathering to be unruly has ceased, a but are not limited to, excessive noise or resumption of unruly behavior on the traffic, obstruction of public streets by premises resulting in another police crowds or vehicles, drinking in public, response shall constitute a new and the service of alcohol to minors or separate unruly gathering for the consumption of alcohol by minors, purposes of this article. fighting, disturbing the peace, and C. The owner, occupant, or littering. An unruly gathering may be 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 under applicable ordinances or concealed. The removal, movement, state statutes, including this one. defacement, or concealment of a posted 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 unruly gathering occurs shall be posted may be imposed under this article. The 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 unruly gathering at constituting the unruly gathering, if the premises. The notice shall state the present, shall be consulted as to the date of the police intervention, and that location in which such notice is posted any subsequent unruly gathering 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 the penalties provided for in D. An owner, occupant or this article. Parties liable include any tenant of the posted premises may persons in attendance causing the 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 occurred, or that the court determine whether any sponsor of the event constituting the 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 posting (10) Y of the notice, or, if the notice is infraction. The following parties, if given bymail, within ten (10) days after found responsible for such an infraction, mailingthe 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 hearing to be held 1. The owner of the property not later than thirty (30) days after where the unruly gathering occurred, receipt of the written application for a provided that notification of posting was hearing and shall notify both the mailed to the owner of the property as applicant and the town prosecutor's provided for in Section 10-10-3, and that office of the hearing date. At the the unruly gathering occurred not less hearing, the Town shall prove by a than two (2) weeks after the mailing of preponderance of the evidence that the such notification. posting of the notice was justified 2. The owner, occupant or pursuant to theprovisions 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 anyproperty 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 any subsequent unruly construed to impose liability on the gathering within one hundred and twenty owner, occupant or tenant of the g g v nt da s on the same premises shall premises or sponsor of e(120) the e days 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 courtp roceedings. The owner of the occupant, tenant or sponsor has taken all 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 Gathering 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 gatheringon 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; 10-11-1 Intent and Purpose 4. Reduce visual blight on 10-11-2 Definitions the public rights-of-way, protect the 10-11-3 Newsracks Prohibited aesthetics and value of surrounding 10-11-4 Permit Required properties, and protect the quiet of 10-11-5 Application for Permit residential areas; 10-11-6 Conditions for Permit 5. Reduce exposure of the 10-11-7 Hold Harmless town to personal injury or property 10-11-8 News rack Identification damage claims and litigation; and Required 6. Protect the right 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 context otherwise clearly indicates: and prohibitions hereinafter contained A. Block means one (1) side and enacted are in pursuance of and for of a street between two (2) consecutive the purpose of securing and promoting interacting streets. the public health, morals and general B. Distributor means the welfare of persons in the Town of Oro person responsible for placing and Valley in their use of public rights-of- maintaining a newsrack in a public right- ways through the regulation of of-way. placement, appearance, number, size and C. Explicit sexual acts servicing of newsracks on the public means depictions of sexual intercourse, rights-of-ways so as to: oral copulation, anal intercourse, oral- 1. Provide for pedestrian anal copulation, bestiality, sadism, and driving safety and convenience; masochism, or excretory functions in 2. Ensure no unreasonable conjunction with sexual activity, interference with the flow of pedestrian masturbation, or lewd exhibition of or vehicular traffic, including ingress to, genitals; whether any of the above or egress from, any place of business or conduct is depicted or described as being from the street to the 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 any self- manner, sexual behavior as defined in service or coin-operated box, container, Section 1; and storage unit or other dispenser installed, 3. It lacks serious literary, used, or maintained for the display and artistic, political or scientific value when sale of newspapers or other news the publication or material is considered periodicals. as a whole. E. Obscene means material I. Public Works Director which depicts or describes sexual refers to the Public Works Director or conduct that is objectionable or the designee of the Public Works offensive to accepted standards of Director. decency which the average person, J. Roadway means that applying contemporary community portion of a street improved, designed, standards would find, taken as a whole, or ordinarily used for vehicular travel. appeals to prurient interests; or material K. Sexual arousal, which depicts or describes, in a patently gratification or affront when used in this offensive way, sexual conduct Code to state the purpose or effect of specifically 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. Parkway means 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, or persons, or entity including, but not pederasty, pedophilia, piquerism, 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 drawing. 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 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 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 or anal use, or maintain any newsrack which in 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, depiction or description of any of the use, or maintenance endangers the safety 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; of gender. 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 of pain 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. surface provided 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 Director 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 applicant, the proposed specific location Town Attorney, whereby such owner of said newsrack, and shall be signed by agrees to indemnify and hold harmless the applicant. the Town, its officers, and employees, B. From the above from any loss, liability, or damage, application information the Public including expenses and costs, for bodily Works Director shall approve the or personal 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 any case where the maintenance of a newsrack within the Public Works Director disapproves of a Town of Oro Valley. particular location, such disapproval shall be without prejudice to the 10-11-8 Newsrack Identification registrant designating a different location Required. 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 newsracks without prior inspection 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 the paperwork. The above fee rests in whole or in part upon, or on any is based on these expenses. portion of a public right-of-way or which B. Such permits shall be projects onto, into, or over any part of a valid for three (3) years and shall be public right-of-way shall be located in renewable pursuant to the procedure for accordance with the following original applications referred to in provisions of this Section: Section 10-11-5 and upon payment of 1. No newsrack shall be the ten dollar ($10.00) permit fee. used or maintained which projects onto, 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 dealing with the 5. The paper or cardboard display, sale, or purchase of the parts or inserts thereof are reasonably newspaper or news periodical 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 the person is unable to receive the paid Matter Prohibited. for publication. 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 in good 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 and grease; 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 suchp icture 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 necessary to 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 to properly correct the offending the appellant, and any other interested 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 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 seeking a telephone numbers of the headquarters parade or general assembly permit shall of the organization for which the parade file an application with the Chief of or public assembly is to be conducted, if Police on forms provided by such officer any, and the authorized and responsible and the application shall be signed by heads of the organization; the applicant under oath. 3. The requested date of the B. For single, non-recurring parade or public assembly; parades or public assemblies, an 4. The route to be traveled, application for a permit shall be filed including the starting point and the with the Chief of Police at least ten (10) termination point; days and not more than one hundred 5. The approximate number eighty (180) days before the parade or of persons who, and animals and public assembly is proposed to vehicles which will constitute such commence. The Chief of Police may parade or public assembly and the type waive the minimum ten (10) day filing of animals and description of the period and accept an application filed vehicles; within a shorter period if, after due 6. The hours when such consideration of the date, time, place and parade or public assembly will start and nature of the parade or public assembly, terminate; the anticipated number of participants, 7. A statement as to whether and the Town services required in the parade or public assembly will 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; not present a hazard to public safety. 8. The location by street of C. For parades or public an assembly area for such parade or assemblies held on a regular or recurring public assembly; basis at the same location, an application 9. The time at which unites for a permit covering all such parades or of the parade or public assembly will assemblies during that calendar year begin to assemble at any such area; may be filed with the Chief of Police at 10. The intervals of space to least sixty (60) days and not more than be maintained between units of such 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 assembly is 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 following information: 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 a parade or public 13. A description of any assembly; recording equipment, sound amplification equipment, banners, signs, detour or preempt citizen travel and use or other attention-getting devices to be of the street and sidewalks. The speech used in connection with the parade or content of the event shall not be a factor 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 participants); services or compromise of public safety, 15. The approximate number regularly scheduled on-duty personnel 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 a permit 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, shall pay, 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 subsequentro osed application, the p p pp proper fire and police protection of, or resulting deployingof police services ambulance service to, areas contiguous would have an immediate and adverse to such public assembly area. effect upon the welfare and safety of 4. The conduct of the parade persons and property; and or public assembly is not reasonably 12. No event is scheduled likely to cause injury to persons or elsewhere in the Town where thep olice property; resources required for that event are so 5. The parade or public great that the deployment of police Y assembly is scheduled to move from its services for the ro osed parade or p p point of origin to its point 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. Nop ermit shall be be made available in or adjacent to any 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 parking places near the site of the parade street, sidewalk, or wa ri ht-of- unless right-of-way or public assembly to accommodate the advance approval for the erection or number of vehicles reasonably 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. Such parade or public The Chief of Police shall assembly is not for the primary purpose uniformly consider each application of advertising any product, goods or upon its merits and shall not discriminate event that is primarily for private profit, in granting or g n denY ipermits under this and the parade itself is not primarily for Code based uponpolitical, religious, p profit. The prohibition against ethnic, race, disability, sexual orientation advertising any product, goods or event or gender relatedrounds. shall g not apply to signs identifying organizations or sponsors furnishing or 10-12-9 Notice of Denial of sponsoring exhibits or structures used in Application. the pP parade. The Chief of Police shall act 10. No parade or public promptly upon a timely filed application assembly permit application for the same for a parade or public assembly permit time and location is already granted or but in no event shallrant or deny y a has been received and will be granted. permit less than ht-fortY g (48)eihours 11. No parade or public prior to the event. If the Chief of Police assembly permit application for the same disapproves the application, he shall pp time but location is already granted or notify thea applicant either bypersonal pP has been received and will be granted, deliveryor certified mail at least forty- and rty and the police resources required for that eight (48) hoursp rior to the event of his prior parade or public assembly 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; denying an application for a parade or E. The Postmaster; and public assembly permit, may authorize F. The manager or . g the conduct of the parade or public responsible head of each public . 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 . 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 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 or public 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 thep arade 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 orp ublic a parade or public assembly permit, the assembly chairman or otherp erson Chief of Police shall send a copy thereof heading such activity shall carry the to the following: parade or public assemblypermit upon on p A. The Mayor and Town his person during the conduct of the Manager; parade or public assembly. Y 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 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 person to stage, present, or conduct amplification equipment at decibel levels any parade or public 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 any person 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 a permit 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 assembly activity 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 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.