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HomeMy WebLinkAbout2010 04.20 City Council Regular AgendaPLEASE FILL OUT A "R^^^EST TO SPEAK”FORM IF YOU WISH TO ADD(^*^S THE COUNCIL-PUBLIC OR ON ANY NON-PUBLIC HEARINU ,,EM.AT CALL TO THE a Hm/g of the Sttpersfitm Momitcms APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219n REGULAR MEETING AGENDA April 20,2010 7:00 PM A.CALL TO ORDER. B.INVOCATION AND PLEDGE OF ALLEGIANCE. C.ROLL CALL D.CONSENT AGENDA. The Council may,at this .time,take single action on any or all items listed as consent agenda items.These items may include;but are not-limited to,acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations apd adoption of certain resolutions and other items which do not require a public hearing.The Consent Agenda is a timesaving device of which the Mayor and City Council is to■receive documentation on these items from the City Manager for their review prior to the meeting.Any member of the Council may remove anyitemfromtheConsentAgendafordiscussionandcauseaseparatevoteonthematterlaterintheagenda.. Acceptance of Agenda. Approval of Minutes of Regular Meeting of April 6,2010. 1. 2 E.awards,presentations and proclamations. ■Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time. 3.FORMAL PRESENTATION BY MAYOR OF CERTIFICATES OF GRADUATION TO 17 GRADUATES OF THE TWELFTH CITIZEN LEADERSHIP INSTITUTE. PROCLAMATION DESIGNATING MAY 16-22,2010 AS "NATIONAL PUBLIC WORKS WEEK". National Public Works Week recognizes the contributions that public works erfiployees make every day to our health,safety and comfort. 4. 5.PROCLAMATION DESIGNATION MAY 2010 AS "FOSTER CARE MONTH". PROCLAMATION DESIGNATING APRIL 18 -24,2010 AS "NATIONAL VOLUNTEER WEEK", PRESENTATION BY STAFF ON UTILIZATION OF VOLUNTEERS IN THE APACHE JUNCTION POLICE -DEPARTMENT.. National Volunteer Week recognizes the contributions that our volunteers make every day to our community. 6. F-ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events.However,no discussion shall take place on such Items except for clarifying comments related to substance,time and location. G-CITY MANAGER’S REPORT. The City Manager,members of City staff or those individuals designated by the Manager rnay present information pertinent to items under consideration or information related to the operation of the City.There shall however be no discussion at this time exoept for clarification inquiries.■nn 7.MANAGER'S REPORT. 8.PRESENTATION AND DISCUSSION WITH MATT BUSBY AND RUTH GIESE ON THE CITY OF APACHE JUNCTION CORPORATE PARTNERSHIP PROGRAM. Corporate Partnership liaisons,Matt Busby and Ruth Giese,will update the Council on the progress of the program. H.PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.All remarks shall be addressed to the Council as a whole and not to any member thereof.Such remarks shall be limited to five (5)minutes unless additional time is granted by the Mayor.This time limitation shall not apply to applicants and their agents appearing before the Council. None. nJ.OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. None. J-NEW BUSINESS. The Council shall consider any business not yet considered.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. PRESENTATION,DISCUSSION AND CONSIDERATION ON RESOLUTION NO.10-10 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FORT MCDOWELL YAVAPAI NATION FOR THE INSTALLATION OF LIGHTING AT THE FOCAL POINT AND ALONG PHELPS DRIVE. Staff respectfully requests the adoption of Resolution No.10-10.The Resolution would authorize the submission of a grant applicationfortheinstallationoflightsonthe12treesattheFocalPointand18treesalongPhelpsDrive. The project is consistent with the recommendations of the Focal Point Steering Committee and preliminary recommendations contained in the Downtown Redevelopment and Implementation Strategy. PRESENTATION,DISCUSSION AND CONSIDERATION ON RESOLUTION NO.10-09,AUTHORIZING ANINTERGOVERNMENTALAGREEMENTWITHPINALCOUNTYFORPARTICIPATIONINTHEPINAL COUNTY ENERGY EFFICIENCY INITIATIVE. Pinal County was the recipient of federal Energy Efficiency and Conservation Block Grant funding.As a component to the County’sapplication,funding to local governments was included.The County wishes to provide $42,800 to retrofit/upgrade the energy management control system for the city hall complex. PRESENTATION,DISCUSSION AND CONSIDERATION OF DRAFT 2010 GENERAL PLAn! The city council will review and discuss draft Chapter 15 (Amending the General Plan)of the evolving 2010 General Plan. This item is identified in the city council's Fiscal Year 2009-2010 work plan. K.COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. None. 9. 10. n 11. L.SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES: 12.EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M.FOR MONDAY,MAY 3,2010. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,MAY 4,2010.OTHER MEETINGS IF NECESSARY. Wl-CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to Citybusinessthatarenotlistedontheagenda.All speakers must have already submitted a written "Request to Speak”form to the City Clerk nolaterthantheconclusionoftheCityManager's Report portion of the agenda.If there is a group speaking on the same item,they should select 13. spokesperson.All such remark(^ll be addressed to the Council as a whole and nf^any member thereof.The Mayor is authorized to askaspeakertostopspeakingandleavethepodiumortoadjournthemeetingifanyonebecomesdisorderiy,uncivii,makes personai attacks orcontinuestospeakaboutitemsthatarenotwithinthejurisdictionofthecityafterbeingwarnedsuchissuesarebeyondthejurisdictionofthecitytoact.The Councii may not answer questions of the speaker,discuss the matter with one another,but may.at the conclusion:1)respondtocriticismbyaspeaker;2)ask the City Manager to review a matter;3)ask the City Manager to place the matter on a future agenda.Eachspeakermustapproachthepodium,speak into the microphone,provide their name and address.There is a three (3)minute time iimit perspeaker. a N.ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office: 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8:00 a.m.to 5:00 p.m.,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or (480)983-0095 (TDD)at least 72 hours prior to the scheduled time. n n n n ,CITY COUNCIL REGULAR MEETING APRIL 6,201.0 The regular meeting of the City Council of -the City of Apache Junction,Arizona,was held on April 6,2010,at the Apache Junction City Council Chambers pursuant to the notice required by law.n CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson n staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan City Engineer Giao Pham Parks &Recreation Director Jeff Bell Public Works Director David Fern Economic Dev.Director Steve Filipowicz Asst,to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 1 OF 18 nn others Present:Senior Planner■Rudy Esquivias Program Coordinator Heather Patel Victim Rights Coordinator Judy Robles Telecommunications Supervisor Kathy Jeter Senior Telecommunications Officer Lisa Eminhizer ACCEPTANCE OE CONSENT AGENDA n)Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT APPROVAL BE GIVEN FOR THE SIXTH AMENDMENT TO THE CABLE SYSTEM LICENSE AGREEMENT BETWEEN MEDIACOM AND THE CITY OF APACHE JUNCTION FOR ANOTHER TEMPORARY EXTENSION TO MAY 18,2010 FOR ADDITIONAL TIME TO DETERMINE MEDIACOM'S COMPLIANCE AND TO NEGOTIATE TERMS AND CONDITIONS FOR ANOTHER LICENSE TERM;AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY;AND THAT APPROVAL BE GIVEN FOR THE SETTLEMENT AGREEMENT BETWEEN COLLEEN POWELL AND THE CITY OF APACHE JUNCTION IN THE AMOUNT OF $3,000.00 STEMMING FROM POWELL V.CITY OF APACHE JUNCTION,USDC NO.CV2009-0266PHX SRB. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. nAWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco presented Taylor H.Sanford,Jr.with a Certificate of Appreciation for his donation of $8,000 to helpkeepLostDutchmanStatePark.open. A representative of the Arizona Early Day Gas Engine and Tractor Association presented a check in the amount of $1,815 to the city for the Parks and Recreation Department Scholarship Fund. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 2 OF 18 n n Mayor Insalaco read,s proclamation designating April 2010FairHousingMonthandpresented-it to Program CoordinatorHeatherPatel. as Mayor Insalaco read,^^proclamation designating April 11-17,P.ublic Safety Telecommunication Week and presentedIttoTelecommunicationsSupervisorKathyJeterandSeniorTelecommunicationsOfficerLisaEminhizer. 2010 n Mayor Insalaco read a proclamation designating April 18-24 2010asNationalCrimeVictims'Rights Week and presented it to'Victims Rights Coordinator Judy Robles and somestaff.of her volunteer The proclamation for National Volunteer Week was postponed tothenextregularmeetingattherequestofthepolicechief. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Barker announced that she was an Easter Bunny attheAnnualEasterEggHuntonSaturday.There were three fieldswithawholelotoflittlekids.They put out over 2,000onherfieldandthosekidscleanedthemupinseconds,a fantastic hunt with a great turn out.Parks and recreationdidanabsolutelywonderfuljob. eggs It was Councilmember Barker announced the Friends of the Lost Dutchmanhavegottentogetherandcreatedaboard.They will be anaffiliateoftheArizonaStateParksFoundation.They haveabout$13,000 to $15,000 in their account for the operation andmaintenanceofLostDutchmanStatePark, fundraisers that There are two The Arizonaarecurrentlyunderway.Trailblazers Hiking Club will be doing a 6.5 mile hike thisSaturday, contribution. n They say it is very easy,and the cost is a Contact Ted Tenny at 480-396-3389 for The second one has had flyers out.Lost Dutchman State Park Run on April 24 from s'This benefits the park and you have to register.Superstition Harley, so if you have a baby carriage you can go for it.Contact Superstition Harley to find out how to register,website is information.This is the a.m.to 10 a.m. According toanythingwithtwowheelsworksorfourwheels, Their superstitionhd.com and their phone number is 480-346-She requested people help keep the park going.0600. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 3 OF 18 nn Councilmember Wilson announced they were trying to put a horseback ride together on April 24.It will be for a limited few as there is nowhere in Lost Dutchman Park to tie a horse. They are working with the park to possibly bring in a horse trailer,so it will be a limited number of people that can come in.Anyone interested should call him at 602-361-6135.They will be starting at First Water and ride across Jacob's crosscut to the entrance to Lost Dutchman State Park.They should arrive there about the same time they will be serving the luncheon.He will be handling the registration and working with Harley- Davidson to coordinate everything. n CITY MANAGER'S REPORT None. PUBLIC HEARINGS REQUEST BY TURF PARADISE FOR AN OFF-TRACK PARI-MUTUEL WAGERING LICENSE FOR A NEW OFF-TRACK BETTING LOCATION AT MIRAGE SPORTS GRILL City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr.Dave Johnson,vice president of Turf Paradise,addressed the council, be over at Arizona Joe's but they have recently closed, a very good area and they get a lot of requests for off-track betting.Once Arizona Joe's closed,they looked around the neighborhood for a pLace they really liked, excited about Mirage Sports Grill;it is a beautiful location. They used to This is n They are really Mayor Insalaco opened the There being no one wishing to he closed the public hearing and reopened the item to There being no discussion,he'called for a public hearing on the item, speak, council discussion, motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 4 OF 18 n n -Councilmember Dietz MOVED THAT THE APPLICATION FOR AN OFF-TRACK WAGERING LICENSE FOR A NEW OFF-TRACK BETTING LOCATION AT MIRAGE SPORTS GRILL,SUBMITTED ON BEHALF OF TURF PARADISE RACE COURSE,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF RACING. Councilmember Barker SECONDED THE MOTION. n VOTE:Unanimous. The motion carried. RESOLUTION NO.09-63,DECLARING THE 2010 AMENDMENTS CHAPTER 12 TRAFFIC AND PARKING A PUBLIC RECORD/ ORDINANCE NO.1356,ADOPTING BY REFERENCE THE 2010 AMENDMENTS TO CHAPTER 12 TRAFFIC AND PARKING/ RESOLUTION NO.10-06,DECLARING THE 2010 AMENDMENTS TO CHAPTER 3 ADMINISTRATION,ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS A PUBLIC RECORD/ORDINANCE NO.1360, REPEALING CHAPTER 3 ADMINISTRATION, ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS IN ITS ENTIRETY AND ADOPTING BY REFERENCE CHAPTER 3 ADMINISTRATION,ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS City Attorney Joel Sternnbriefedthecouncilontheitems. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.09-63,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 5 OF 18 n n ENTITLED VOLUME I,CHAPTER 12 TRAFFIC AND PARKING";REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY,BE APPROVED. 2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, CounciImember Barker SECONDED THE MOTION. nVOTE:Unanimous. The motion carried. Councilmember Dietz MOVED THAT ORDINANCE NO.1356 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connellyreadtheordinancebytitleonly. Councilmember Dietz MOVED 1356,AS READ BY THE CITY CLERK,BE APPROVEDTHATORDINANCENO. AND ADOPTED. Councilmember Wilson SECONDED nTHEMOTION. VOTE:Unanimous. The motion carried. Councilmember Barker MOVED THAT RESOLUTION NO.10-06,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED \\2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 6 OF 18 n n VOLUME I,CHAPTER 3 ADMINISTRATION,ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS",BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. n The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO.1360 BE READ BY TITLE ONLY AND THE READING OF, THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO.1360,'AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. n VOTE:Unanimous. The motion carried. Councilmember Barker commended the police department,city attorney and public works for getting this done.They have been working on this for well over a year,maybe more,and they did a wonderful job. ORDINANCE NO.1361,CASE AM-3-09, AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 6 GENERAL REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 7 OF 18 n n PROVISIONS AND EXCEPTIONS,SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Wilson commented that Brad and Rudy had sat down with him and discussed at length his misconceptions at the time.He had previously thought it was one-third coverage of the buildable area,not the setback area.It was very confusing to him,and he believes a lot of the people living in•the GR area are under that same misconception, future. misconceptions,. n They may need to work on that as well in the He thanked them for enlightening him on his Mayor Insalaco opened the public hearing on the item. Mr.Don Meachem,3156 E. Superstition Boulevard,Apache Junction,addressed the council. He put in an application last year to put in a storage shed, has an RV and boat he would like to protect.He was 3'over height and was informed he would have to apply for a variance at the cost of $1,250 with no guarantee the variance would be approved.He was advised they would be making these changes,and during the wait costs have gone up and people have not been able to work on these.He is also frustrated with a battle he is having with the Internal Revenue Service, building on hold, may help him get his building, wrong side of Superstition or he would not have needed the This has been costing everyone money,and he thinks He which may put this He requested they pass this ordinance so it■ He was told he lives on the n variance. the government should be more expedient in their decisions and the things they do. and rules to follow,but time is money and this has already costhimalotofmoneyanditmaycosthimthisproject. He realizes they have a lot of things to do Vice Mayor Eck asked what side of Superstition he lives on. Mr.Don Meacham stated he lives on,the north side. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 8 OF 18 n n vice Mayor Eck asked if there are more restrictions than there are on the south side than' where he lives on the north side. Mr.Don Meacham stated there There is a property two miles from him where there is a shop near right on the line with no setbacks or height requirement. are. n Vice Mayor Eck commented that is down by the convenience store. Mr.Don Meacham stated that is correct. Vice Mayor Eck commented he It looked out of He thought he was building a shed It turns out he did not. did not realize they could build a higher one. place when he first saw it. out of compliance. Mr.Don Meacham stated that is on the right side of the road and he is on the wrong side of the,road. Vice Mayor Eck commented he He asked ifwouldthinktheruralsidewouldgetmoreheight, the current changes in the ordinance would give him the extra feet he is looking for. Mr.Don Meacham stated he He attended two of the work sessions and atbelie.ves it does, the last one he attended he believes they said they would allow a building height of 25 feet. n Vice Mayor Eck asked the senior planner if it goes up to 25 feet. Mr.Don Meacham stated that He wanted 18 feet and the oldiswhatthenewordinancestates, ordinance had 15 feet. Senior Planner Rudy Esquivias stated the changes in the ordinance would allow the accessory REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 9 OF 18 n n building to go as high as the maximum height allowed in the zoning district,which would allow the gentleman.to construct the building that he would like to construct.It would also allow him more square footage than allowed under the previous version of the ordinance.We think this will accommodate the gentleman. Mr.Homer Kelly,646 E.Quail Avenue,Apache Junction,addressed the council.He stated he is having the same issue.They passed the ordinance in 2006 where a building can no longer be built 100%with steel.The exterior must be 75%wood or stucco.He has run into a problem with The steel buildings are cheaper.He asked if they He wants to build n materials. could have a 100%steel constructed building, a detached steel garage. Mayor Insalaco asked if he had talked to someone in planning. Mr.Homer Kelly stated he had spoken to someone in planning.He is new out here,having only been here 5 or 6 months.He is gradually trying to get his plans put together,but he was told to hold off until after this meeting to see what was going to be changed. Mayor Insalaco commented it might behoove him to talk to planning or development services. Mr.Homer Kelly stated theyhadtoldhimaboutthezoningdifferenceswhereonearea have all the same material and another one cannot. can He noticed a steel building structure on Royal Palm,but on the side he is on it is not allowed. n Mayor Insalaco closed the He reopenedpublichearingwithnooneelsewishingtospeak, the item to council discussion. Councilmember Barker asked if he would clarify 4F which says that the exterior wall of a metal building located in a single family residential zone and largerthan120squarefeetshallbe,covered with supplemental building REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 10 OF 18 nn material including but not limited to masonry, asked if that is the fagade. stucco,etc.She Senior Planner Rudy Esquivias This provision basically borrows from Multi-family,commercial and industrial zones can construct a metal building but 75%of each fagade mustbetexturedinsomethingotherthanmetal, apply to the residential zones. stated that is correct, the landscape code. This provision would however,in residential zones you can have textured paint, stucco or something like that, treat a building in a residential zone than in a multi-family or commercial zone. as opposed to covering it with It is substantially cheaper to Textured paint is required,but stucco and those types of improvements would not be. Councilmember Wilson asked if the color would have to match the house. Senior Planner Rudy Esquivias stated he does not know the particular circumstances of the gentleman concerned,or the zoning district he is in.He would like more information on his situation.Generally speaking, they are looking for some kind of a match between the accessory building and the residence.That can be defined in several ways;it does not have to be a precise architectural match. City Clerk Kathleen Connelly stated the last gentleman who spoke lives in Palm Springs Subdivision. be some overriding heightened restrictions in that area, planned development was put on at the request of the property owners in that subdivision. Parts of that are planned development;there may The n Councilmember Dietz commented that some of that is kind of mismatched;it is a different animal. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO.1361 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 11 OF 18 n Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly nreadtheordinancebytitleonly. Councilmember Barker MOVED THAT ORDINANCE NO.1361,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: 6.0116.3 BE AMENDED TO THE REWRITE WHICH MAINTAINS EXISTING LOT COVERAGE,ALLOWANCES FOR LARGE LOTS PROPERTIES;THAT SECTION 6.0116.5 BE AMENDED AS STAFF HAS RECOMMENDED;AND THAT 6.0116.6 BE AMENDED AS STAFF RECOMMENDED. THAT SECTION Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS nRESOLUTIONNO.10-07,DECLARING PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON CONESTOGA ROAD FROM JUNCTION STREET TO 1ST AVENUE DESCRIBED IN EXTINGUISHMENT CASE EX 2010-01 ARE NO LONGER NECESSARY FOR PUBLIC USE ) City Engineer Giao Phambriefedthecouncilontheitem. Councilmember Dietz asked if the 7 feet of right-of-way across the front of the property REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 12 OF 18 nn being given to the city is for future sidewalks,curbs and gutters. City Engineer Giao Pham area and sostatedthatiscorrect, it will be a cross section, with the extinguishment. It will be part of the Staff recommends moving forward \\tfY n Vice Mayor Eck asked if this is a tentative thing or permanent,because we are not sure what is going-up there. City Engineer Giao Pham asked if he meant the roadway improvements or the extinguishment itself. Vice Mayor Eck stated the actual extinguishment and construction of it. City Engineer Giao Pham stated the property owner will be making improvements on their property.They need the extinguishment as part of the improvements so they can meet the setback requirements according to city code and zoning. Vice Mayor Eck asked to see He thought he was looking at a differentthepictureagain, property. City Engineer Giao Pham showed the picture of the property again.The existing structure has damage.They would like to build a permanent structure.They talked to staff and were advised there are some setback requirements based on those improvements. n Vice Mayor Eck commented this is further east than he thought. City Engineer Giao Pham showed on the map where Cortez is and where Junction is. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 13 OF 18 n n Councilmember Coleman asked if the property owners are okay with the 1'along the north side of the property. City Engineer Giao Pham stated that is correct. Councilmember Dietz asked if nthatincludesbothowners. City Engineer Giao Pham stated that is correct. City Attorney Joel Stern stated the owner of 1C also dedicated 1',and added a request to have that piece extinguished. City Engineer Giao Pham Before they allowed any extinguishment It does not stated that is correct, they had to have buy-in from both property owners, land lock that particular property owner because they have access from Junction. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT RESOLUTION NO.10-07,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON CONESTOGA ROAD FROM JUNCTION STREET TO 1ST AVENUE DESCRIBED IN EXTINGUISHMENT CASE EX 2010-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND ARE HEREBY EXTINGUISHED,BE APPROVED. n Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO.10-08,AUTHORIZING REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 14 OF 18 ^ nn THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA STATE UNIVERSITY FOR PARTICIPATION IN THE ARIZONA VIOLENT DEATH REPORTING SYSTEM Public Safety Director Jerald Monahan briefed the council on the item. n Councilmember Barker commented the information states that the Centers for Disease Control and Prevention would be compensating for data collection, doing the data collection or would Arizona State University be coming out here to do that. She asked if the city would be compensated for Public Safety Director Jerald Monahan stated they would seek reimbursement for the staff time that a city employee would dedicate to this project.They will track that.They do not anticipate a great amount,but since the money is available they will go after every dollar for the time they put into this project. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT RESOLUTION NO.10-08,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA STATE UNIVERSITY TO PARTICIPATE IN THE ARIZONA VIOLENT DEATH REPORTING SYSTEM,BE APPROVED. n Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF None. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 15 OF 18 n n SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES Councilmember Dietz MOVED • THAT AN EXECUTIVE SESSION AT 5:45 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,APRIL 19,2010,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS,RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M.BE HELD ON TUESDAY, APRIL 20,2010,IN THE CITY COUNCIL CHAMBERS.n Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms.Christa Rizzi,1755 S. the council to thank the city for clearly marking school to suggest the city might want to pool their funds for the fireworks display with another city as other cities are doing; and expressed her concern for people using Davis Field football field at the high school during school hours and suggested some background checks of individuals or other measures be taken to safeguard the children. Sombrero,Apache Junction,addressed zones; Ms.Tess Nesser,1511 S.Cactus,Apache Junction,addressed the council to advise she was circulating a petition for a judge; announce the Z\merican Cancer Society Relay for Life taking place at the high school on April 24;and announce a fundraising activity for the Boys and Girls Club.O Mr.John Kantowski,835 W.Windsong,Apache Junction,addressed the council regarding the fireworks donation buckets;commented on the city manager getting guaranteed funding for the fireworks from a private businessman,with any additional money left being saved for next year;and commented on sex offenders beingabletolivewithin1,000 feet of schools but children that live within a mile of school must walk to school,placing them in danger. over REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 16 OF 18 nn Mr.Michael Olson,535 E.Quail,Apache Junction,addressed the council regarding illegal taxi service in the city. CounciImember Dietz asked if it is a requirement for any taxi cab to have a business license in the city. City Attorney Joel Stern stated they cannot discuss that would have to be put on another agenda. Vice Mayor Eck asked if they could discuss the schools. now;it n City Attorney Joel Stern stated that could not be discussed at this time.They would have to put it on another agenda. Vice Mayor Eck asked if they could discuss the fireworks. City Attorney Joel Stern stated they could also direct the city manager. Vice Mayor Eck asked if he could discuss the fireworks at all. City Attorney Joel Stern stated no discussion is allowed at this time. Councilmember Barker directed the city manager to look into any possible remedies for the situation on Davis Field and see if it is something that can be done or if it is something that is our purview since it is school property.She also instructed the city attorney to let them know what regulations are being discussed about cabs that they may not already have. even Mayor Insalaco commented he would also like to put his two cents'worth in about that, of these cabs. n He would not want to ride in some There are some safety issues out there. Councilmember Coleman directed the city manager to make the school district aware of some of the other concerns that are the school district's purview that were brought up at Call to the Public. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 8:11 p.m. REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 17 OF 18 n n Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of.Regular Meeting of March 16,2010. 3.Consideration of Sixth Amendment to Cable System License Agreement Between Mediacom and City of Apache Junction (Temporary Extension).n 4.Consideration of approval of settlement agreement with Colleen Powell in the amount of $3,000 stemming from Powell V.City of Apache Junction,USDC No.CV2009-026620PHX SRB. ACCEPTED THIS 20TH DAY OF APRIL,2010,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF APRIL,2010. JOHN S.INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION nIherebycertifythattheforegoingminutesareatrueand■ correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 6th day of April,2010.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of April,2010. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 6,2010 PAGE 18 OF 18 n n ROLL CALL VOTE NOTES:X 9n r]pP\0 y MEETING 01ITEM# I SECONDED BY:MOTION BY: ABSTAINEDNOYES COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER WILSON COUNCILMEMBER DIETZ VICE MAYOR ECK COUNCILMEMBER SERDY MAYOR INSALACO n ABSTAINEDOPPOSEDUNANIMOUSINFAVOR TOTAL CONSENT AGENDA ITEMS NO.1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. n n City ofApache Junction Home of the Superstitio n Mountains ,[gi Print TO:City Manager's Office Patrick Brenner,Community Relations Manager April 20,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Reguiar Agenda Communication/Outreach TITLE OF AGENDA ITEM: FORMAL PRESENTATION BY MAYOR OF CERTIFICATES OF GRADUATION TO 17 GRADUATES OF THE TWELFTH CITIZEN LEADERSHIP INSTITUTE. ACTION REQUESTED: Information Only (No discussion) DISCUSSION /BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download D CLI List of Graduates nn n 2009/2010 Citizen Leadership Institute Graduates Luciano Buzzin Ralph Stinson Derek Dorman Donald Glynn Shirley Buzzin Benjamin Miller Aaron Clark Linda Rosenkranz Don Breiland Sandra Maxwell James Salisbury John Kenney Jim Foster Randy Mullen Robert Miller Alecia Clark Roger De Long n n n City ofApache Junction Home of the Superstition Mountains Print TO:City Manager's Office David Fern,Public Works Director April 20,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING MAY 16-22,2010 AS "NATIONAL PUBLIC WORKS WEEK". ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: National Public Works Week recognizes the contributions that public works employees make every day to our health,safety and comfort. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: Reading of the Proclamation. ATTACHMENTS: Click to download D Proclamation nn NATIONAL PUBLIC WORKS WEEK IIII MAY 16-22,2010 OWHEREAS,PUBLIC WORKS services provided in our community are an integral part of our citizens'everyday lives;and WHEREAS,the support of an informed and understanding citizenry is vital to the efficient operation of PUBLIC WORKS systems and programs;and WHEREAS,the health,safety and comfort of this community greatly depends on these PUBLIC WORKS.facilities and services;and WHEREAS,the quality and effectiveness of these facilities,as well as their planning,design and construction is vitally dependent upon the efforts and skill of PUBLIC WORKS officials;and WHEREAS,the efficiency of the qualified and dedicated personnel who staff PUBLIC WORKS departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW,THEREFORE,BE IT RESOLVED by the Mayor and Council of the City of Apache Junction,Arizona,that I,Mayor John Insalaco do hereby proclaim May 16th through May 22nd,2010 as "NATIONAL PUBLIC WORKS WEEK" in Apache Junction,and call upon all citizens and civic organizations to acquaint themselves with the efforts involved in providing our PUBLIC WORKS services, and recognize the contributions the PUBLIC WORKS employees make every day to our HEALTH,SAFETY,COMFORT AND QUALITY OF LIFE. Signed this day of 2010.n JOHN INSALACO MAYOR ATTEST: KATHLEEN CONNELLY CITY CLERK n n Ci'^ofApache ]unction Home of'the Superstition Mountains ^Print TO:City Manager's Office Kathy Connelly,City Clerk April 20,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Communication/Outreach TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATION MAY 2010 AS "FOSTER CARE MONTH". ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download D letter □proclamation n ■IS ^itpertor Cfl-owrt «f ,Artso:iiti Ptnal Qlrainla STEPHEN F.McCARVfLLE SUPERIOR COURT,DIVISION V F>.o.BDX aas fi,qrrnC£.ARIZONA ■ssasz-paisa PHOhiE.’.iSiOJ.Ss66-S<l!y FAX.:(5;3Qr TDD:t52tVi SMAiL;&;-icCAWVi'Wco!^'-«?T5.5P STATE.AZ.U’i n April 2.2010 The Honorable John Irisataco 300 E.SuperstiHon Blvd, Apache Jurtction,AZ 85219 Dear Mayor Insalaco; On behalf of the Pinal County Jtiyenlie Court,I would like to ask for your support of Pinal County’s children and youth in foster care.I hope that you witf join us in honoring the many individuals and organizations sen^fing these young people —and the youth themselves -by declaring May as ‘Foster Care Month." !rs Pinal Counhy alone,we currently have over 800 children in our foster care system.Nationally, there are nearly 500,000 children in foster care,and not nearly enough licensed foster homes.More foster families are desperately needed.Throughout the month of May,by honoring foster farniiies,we hope td help retain,recruit and support foster families. 1 hope you will acknowledge and demonstrate your support of these efforts by officiaiiy declaring May to be Foster Care Month.This national celebration is the perfect time for highlighting the many ways focal citizens can get involved for children and families right here in Pinal County. I have enclosed as a draft procfamation for your consideration.Thank you for your continuingsupport.O Sincerely Stephen F.McCarviile n n FOSTER CARE MONTH MAY2010 WHEREAS,the family,serving as the primary source of lov^identity,self esteem and support is the very foundation of our communities and our State;andn WHEREAS,in P'mal County there are over 800 children and youth in foster care being provided with a safe,secure and stable home along with the compassion and nurture of a foster family;and ^VHEREAS,all young people in foster care need a meaningful connection to a caring adult who becomes a supporHvc and lasting presence in their lives;and WHEREAS,foster,kinship and adoptive families,who open their homes and hearts and support children whose families are in crisis,play a vital role helping children and families heal and rceunncct thereby launching young people into successful adulthood;and WHEREAS,dedicated foster families frequently adopt foster children, resulting in a greater need for more foster families;and WHEREAS,there arc numerous individuals,public and private organizations who work to increase public awareness of the needs of children in and leaving foster care as well as the enduring and valuable contribution of foster parents,and the foster care “system”is only as good as those who choose to be ar part of it. NOW,THEREFORE,I,John S.Insalaco,Mayor of the City of Apache Junction,Arizona,do hereby proclaim May 2010 as FOSTER CARE MON fH n in Apache Junction and urge all citizens to come forward and do something positive that will help change a lifetime for children and youth in foster care. Signed and attested to this /Ih day of 2010.April ~1 ^JOHN S.INSALACO Mayor AITEST: f K.\THI.f:EN CO.NNELLY ^ City Clerk •4 •*■ML n City ofApache Junction Home of the Superstition Mountains ^Print TO:City Manager's Office Jerald Monahan,Chief of Police April 20,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING APRIL 18-24,2010 AS "NATIONAL VOLUNTEER WEEK",PRESENTATION BY STAFFONUTILIZATIONOFVOLUNTEERSINTHEAPACHEJUNCTIONPOLICEDEPARTMENT. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: National Volunteer Week recognizes the contributions that our volunteers make every day to our community. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download D Proclamation -Volunteer Week nn Frociamat n NATIONAL VOLUNTEER WEEK April 18“'-April 24^2010 Whereas,ntheentirecommunitycaninspire,equip and mobilize people to take action that changes the world;and volunteers can connect with local community service opportunities through mauy community service organizations;and individuals and communities are at the center of social change discovering their power to make a difference;and during this week,all over the nation,service projects will be performed and volunteers will be recognized for their commitment to service;and the giving of oneself in service to another employers the giver and the recipient;and Whereas, Whereas, Whereas, Whereas, Whereas,experience teaches us that government by itself cannot solve all of our nation’s social problems;and Whereas,our country’s volunteer force of over 64 million people is a great treasure;and volunteers are vital to our future as caring and productive nation;andWhereas, NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction,Arizona,doherebyproclaimAprilIS"*-April 24‘^2010 as NATIONAL VOLUNTEER WEEK in Apache Junction and urge our fellow citizens to volunteer in their communities.T.volunteering and recognizing those who serve,we can replace disconnection with understandingandcompassion By n Signed and attested to this day of ,2010. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk n n City ofApache Junction Borne of the Superstition Mountains ^Print TO:City Manager's Office George Hoffman,City Manager April 20,2010 FROM: DATE: Agenda Type: Council Priority Focus Area: Regular Agendas.- TITLE OF AGENDA ITFM; MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION /BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available n nCityofApacheJunction Horn of the Superstltm Moun-iains Si Print TO:City Manager's Office George Hoffman,City Manager April 20,2010 FROM: DATE: ('^Agenda Type : Council Priority Focus Area: Regular Agenda Revenue Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION WITH MATT BUSBY AND RUTH GIESE ON THE CITY OF APACHE JUNCTION CORPORATE PARTNERSHIP PROGRAM. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: Corporate Partnership liaisons,Matt Busby and Ruth Giese,will update the Council on the progress of the program. FISCAL IMPACT: OPTIONS /ALTERNATIVES: RECOMMENDATION: n ATTACHMENTS: Click to download No Attachments Available n n City ofApache Junction Home of the Superstition Mountains Print TO:City Manager's Office Roger S.Hacker,Grants Speciaiist Aprii 20,2010 FROM: DATE: n-Agenda Type: Council Priority Focus Area: Regular Agenda Revenue Development TITLE OF AGENDA ITEM: PRESENTATION,DISCUSSION AND CONSIDERATION ON RESOLUTION NO.10-10 AUTHORIZING THE SUBMISSIONOFAGRANTAPPLICATIONTOTHEFORTMCDOWELLYAVAPAINATIONFORTHEINSTALLATIONOFLIGHTINGATTHEFOCALPOINTANDALONGPHELPSDRIVE ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION: Staff respectfully requests the adoption of Resolution No.10-10,The Resolution would authorize the submission of a grantapplicationfortheinstallationoflightsonthe12treesattheFocalPointand18treesalongPhelpsDrive. The project is consistent with the recommendations of the Focal Point Steering Committee and preliminary recommendations contained in the Downtown Redevelopment and Implementation Strategy. FISCAL IMPACT: Budgetary Approval Not Required ^OPTIONS /ALTERNATIVES; -Policy Discussion (list specific options/alternatives) RECOMMENDATION: Council could: 1.Adopt Resolution Number 10-10; 2.Request additional Information; 3.Not adopt Resolution Number 10-10. ATTACHMENTS: Click to download Q Staff Report D Resolution Number 10-10 □Project Budget on City of Apache Junction Department of Public Safety MEMORANDUM nDATE:April 6,2010 The Honorable Mayor and City CouncilTO: THROUGH:George Hoffman,City Manager Brad Steinke,Director of Development Services FROM:Rogers.Hacker,Grants Specialist SUBJECT:Fort Me Dowell Yavapai Nation State Shared Revenue Program Grant Application For Fiscal Year 2010-2011 REQUEST Staff respectfully requests that the City Council review and discuss Resolution Number 10-10 authorizing the submission of a Fort Me Dowell Yavapai Nation (“Nation”)State Shared Revenue Program application for Fiscal Year 2010-2011.See Attachment 1. The resolution is a mandated component of the grant application. The resolution stipulates that the City is applying for $17,500 to purchase lights andelectricalequipmentnecessaryforthelightingoftreesattheFocalPointandalongPhelpsDrive.Further,the resolution stipulates that the City may expend up to $1,000 in staff time to match the funds provided by the Nation. Staff will seek adoption of Resolution 10-10 during the April 20,2010 City Council meeting. BACKGROUND Fort Me Dowell Yavapai Nation Grant Program In November 2002,the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes.An important provision of Proposition 202 was the sharing of gaming revenues with theState.Henceforth,tribes would be assessed by the State a percentage of their grossgamingrevenue.Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88®/)of the assessment into the State managed fund andretain12®/o of the assessment for distribution as grants. O Page 1 of3 n n The Fort Me Dowell Yavapai Nation exercised its option to retain and administer 12%of State shared revenue.Known as the Fort Me Dowell Yavapai Nation State Shared Revenue Program,the Program makes “Distributions to cities,towns,or counties for government services that benefit the general public,including public safety,mitigation of the impacts of gaming;or promotion of commerce and economic development.” The Nation’s funding priorities include:1)public safety (police,fire,EMS);2)tourism; and 3)economic development.n Applications for the 2010-2011 grant cycle are due on May 1,2010. City of Apache Junction 2007 The City Council began to discuss a multi phased renovation of the downtown monument area (i.e.the Focal Point and The Dons of Arizona Monument)and the median along the Apache Trail. Led by Councilmember Serdy,the concept was to create a destination in the downtown area that would both support the City’s economic development efforts and enhance tourism. Plans included changing landscaping;adding decorative lighting;creating a history wall highlighting the development of the City/region;creating a small pocket park;and eventually landscaping the median along the Apache Trail.It was Councilmember Serdy’s strategy to activate local organizations,citizens,and businesses to donate time and materials to the project. Phase One of the project,concentrating on the area in front of the Focal Point,included: 1)planting of cacti;2)installation of cement risers;3)installation of an ADA ramp;4) installation of electrical conduit;and 5)the installation of decomposed granite.n 2008 The City was awarded a $20,000 grant from the Nation to complete certain Phase One activities.Grant funds were used to install cement risers;an ADA ramp;electrical conduit;and decomposed granite.The activities were completed and the grant was successfully closed out. Page 2 of 3 nn DISCUSSION During its February 2010 meeting,the Focal Point Steering Committee,chaired by Councilmember Serdy,decided that the next phase of the Focal Point project would be the illumination of the trees at the Focal Point and along Phelps Drive.Based on information provided by City staff,it was determined that there are 12 trees at the Focal Point and 73 along Phelps Drive. The $17,500 requested from the Nation would be used in the following manner; •Installation of LED lighting on the 12 trees at the Focal Point; •Design of the electrical infrastructure needed to illuminate the trees along Phelps Drive; •Installation of electrical conduit and outlets at 18 trees along Phelps Drive;and •Installation of LED lighting on 18 trees along Phelps Drive. The above activities would be conducted by a contractor secured for this project.The contractor would be under the supervision of the Parks Superintendent. The City will provide $1,000 in staff time as in-kind match for the project. This project is consistent with the recommendations of the Focal Point Steering Committee and the preliminary recommendations contained in the Downtown Redevelopment and Implementation Strategy (G&G Consulting,LLC). See Attachment 2 for the project budget. RECOMMENDATION n staff respectfully recommends that Council review and discuss Resolution Number 10-10 during the April 19,2010 work session. Staff respectfully recommends adoption of Resolution Number 10-10 during the April20,2010 City Council meeting. n ACTION REQUIRED Review and discussion of Resolution Number 10-10 and related materials during theApril19,2010 work session. Adoption of Resolution Number 10-10 during the April 20,2010 City Council meeting. Attachment 1;Resolution Number 10-10 Attachment 2:Project Budget Page 3 of 3 n n Attachment 1 RESOLUTION NO.10-10 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE FORT MCDOWELL YAVAPAI NATION FOR PROPOSITION 202 FUNDS. n WHEREAS,in 2002,Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues;and WHEREAS,a portion of this state-shared revenue in an amount of 12%can be retained by an Indian tribe and distributed to cities,towns or counties for government services that:1)benefit the general public;2)mitigate the impacts of gaming;and/or 3) promote commerce and economic development;and WHEREAS,the Fort McDowell Yavapai Nation (the "Nation")has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program;and WHEREAS,the Nation developed an expanded list of "priority for which funding will be concentrated,including public safety,economic development,and tourism. nareas NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:n Section 1: Staff is authorized to submit an application to the Fort McDowell Yavapai Nation for Proposition 202 funds,and the Mayor is authorized to sign the application,contracts and grant docviments for receipt and use of Proposition 202 for: 1)The purchase of lights and electrical equipment necessary for lighting of trees at the Focal Point and along Phelps Drive in the amount of $17,500.00. RESOLUTION NO.10-10 PAGE 1 OF 2 nn Section 2: The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. nSection3: The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 4: The City may expend up to $1,000.00 in staff time to match the funds provided by the Community. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS ,2010.DAY OF SIGNED AND ATTESTED TO THIS DAY OF.,2010. JOHN S.INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk n APPROVED AS TO FORM: RICHARD J.STERN City Attorney RESOLUTION NO.10-10 PAGE 2 OF 2 n n Attachment 2 Downtown Revitalization Project:Phase Two October 1,2010 to September 30,2011 Bud2et Summaiy Nation Proposed Budget Request Other Funders In Kind Expense Total Budgetn Professional Services 1,500 0 1,000 2,500 Materials and/or Labor 16,000 0 0 16,000 Total 17,500 0 1,000 18,500 Nation Request Professional Services:$1,500 Currently,there are no electrical outlets at the trees along Phelps Drive.Funds are requested to hire an outside contractor to design the electrical infrastructure needed to illuminate the trees along Phelps Drive. Materials and/or Labor Cash:$16,000 Installation of LED lighting on the 12 trees at the Focal Point $4,000 $6,000Installationofelectricalconduitandoutletsat18trees along Phelps Driven Installation of LED lighting on 18 trees along Phelps Drive $6,000 An outside contractor would be hired to complete the installation phase of this project. In-Kind Expense Professional Services:$1,000 The amount of staff time needed to supervise the project and the contractor. 1 n n ROLL CALL VOTE /NOTES:i::z izn MEETING OFITEM# hi)SECONDED BY:MOTION BY: ABSTAINEDNOYES 2VICEMAYORECK COUNCILMEMBER WILSON yCOUNCILMEMBERBARKER 7,COUNCILMEMBER SERDY tCOUNCILMEMBERDIETZ COUNCILMEMBER COLEMAN MAYOR INSALACO n ABSTAINEDINFAVOROPPOSEDUNANIMOUS TOTAL ITEM NO.9 I MOVE THAT RESOLUTION NO.10-10,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE FORT MCDOWELL YAVAPAI NATION FOR PROPOSITION 202 FUNDS,(BE APPROVED)OR (BE DENIED). nn City ofApache Junction Home of the Superstition Mountains iSi Print TO:City Manager's Office Heather Patel,Program Coordinator April 20,2010 FROM: DATE: n Agenda Type: Council Priority Focus Area: Regular Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION,DISCUSSION AND CONSIDERATION ON RESOLUTION NO.10-09,AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR PARTICIPATION IN THE PINAL COUNTY ENERGY EFFICIENCY INITIATIVE. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: Pinal County was the recipient of federal Energy Efficiency and Conservation Block Grant funding.As a component to the County’s application,funding to local governments was included.The County wishes to provide $42,800 to retrofit/upgrade the energy management control system for the city hall complex. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends that Council review and discuss Resolution No.10-09,a Resolution authorizing an Intergovernmental Agreement with Pinal County for participation in the Pinal County Energy Efficiency Initiative funded through the Energy Efficiency and Conservation Block Grant; ATTACHMENTS: Click to download D Staff Report D Resolution No.10-09 D Final Draft EECBG D sow for blanket cities and towns Q pmctao n n City of Apache Junction Development Services Department nMEMORANDUM DATE:April 8,2010 TO:The Honorable Mayor and City Council THROUGH:George Hoffman,City Manager Brad Steinke,Development Services Director Roger Hacker,Grants Specialist FROM:Heather Patel,Program Coordinator SUBJECT:Energy Efficiency and Conservation Block Grant -Pinal County Program REQUEST Staff respectfully requests that the City Council review and discuss Resolution No.10-09,a Resolution authorizing an Intergovernmental Agreement with Pinal County for participation in the Pinal County Energy Efficiency Initiative funded through the Energy Efficiency and Conservation Block Grant (“EECBG”),Attachment One. BACKGROUND On February 17,2009,President Obama signed into law the American Recovery and Reinvestment Act of2009 (“ARRA”).This Act was intended to spur economic growth and create jobs.The City of Apache Junction is doing its part to identify the funding opportunities that will best enhance the community while focusing on job creation and economic vitality.Since ARRA was released in February there were indications thaf the EECBG program would be funded.The EECBG program is intended to complete projects that would not only provide jobs in the field of energy efficiency but would reduce total energy use and fossil fuel emissions and improve energy efficiency. The City of Apache Junction was able to participate in the State funded program through the Arizona Department of Commerce which has been awarded and efforts are being taken to complete an energy audit on all City owned buildings. n DISCUSSION Pinal County was the recipient of federal Energy Efficiency and Conservation Block Grant formula funding.As a component to the County’s application,funding to local governments was included. n n The County wishes to provide $42,800 to retrofit/upgrade the energy management control system for the City Hall complex. Attachment Two includes the proposed Intergovernmental Agreement between Pinal County and the City of Apache Junction. On May 4,2010,staff will bring Resolution Numbers 10-09 to Council for consideration and approval under consent agenda.n RECOMMENDATION Staff respectfully recommends that Council review and discuss Resolution No.10-09,a Resolution authorizing an Intergovernmental Agreement with Pinal County for participation in the Pinal County Energy Efficiency Initiative funded through the Energy Efficiency and Conservation Block Grant. ACTION REQUIRED Council review and discussion. Attachment One: Attachment Two: Resolution No.10-09 Intergovernmental Agreement between Pinal County and the City of Apache Junction Exhibit A to Intergovernmental Agreement Exhibit B to Intergovernmental Agreement Attachment Three: Attachment Four: n 2 r)n RESOLUTION NO.10-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY .FOR PARTICIPATION IN THE .PINAL COUNTY ENERGY EFFICIENCY INITIATIVE.n WHEREAS,the City of Apache Junction is desirous of reducing energy emissions,conserve energy,and preserve the environment;and WHEREAS,pursuant to the -American Recovery and Reinvestment Act of 2009 (hereinafter "Act"),the United States Department of Energy is providing funding to the Pinal County Energy Efficiency Initiative through the Energy Efficiency and Conservation Block Grant (hereinafter "EECBG");and WHEREAS,Pinal County is making EECBG monies available to local governments within Pinal County;and WHEREAS, comply with the regulations. a sub-grantee of Act funds,is required to program 'guidelines,federal statutes and NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA/AS FOLLOWS: 1)The Mayor or his designee is authorized to sign an intergovernmental agreement for receipt and use of funds in an amount not to exceed $42,800,to retrofit/upgrade the energy management control system for the City Hall complex.n 2)The City Manager or his designee is authorized to take all actions necessary to implement and complete the activities a indicated above. This agreement for Federal Act funds meets the program requirements for Energy Efficiency and Conservation activities as contained in the Act. 3) 4)The City guidelines. of Apache Junction shall comply with all Act federal statutes and regulations applicable to RESOLUTION NO.10-09 PAGE 1 OF 2 n n the American Recovery and Reinvestment Act Of 2009 (Public Law 111-5)Energy Efficiency and Conservation Block Grant program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS DAY OF ,2010. SIGNED AND ATTESTED TO THIS ,2010.DAY OFn JOHN S.INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorneyn RESOLUTION NO.10-09 PAGE 2 OF 2 nn nINTERGOVERNMENTALAGREEMENTBETWEENPINALCOUNTYANDTHECITY OF APACHE JUNCTION FOR PARTICIPATION IN THE PINAL COUNTY ENERGY EFFICIENCY INITIATIVE THIS AGREEMENT is between the County of Pinal,a body politic,and the City of Apache Junction,an Arizona municipal corporation,for participation in the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Program.Pinal County is referred to as the “County”and the City of Apache Junction is referred to as the “City”.The County and the City are collectively referred to as the (“Parties”)orindividuallyasa(“Party"). THIS AGREEMENT shall become effective as of the date it is approved by both Parties. THIS AGREEMENT shall be filed with the Pinal County Recorder’s Office pursuant toArizonaRevisedStatutes(A.R.S.)§11-952,as amended. STATUTORY AUTHORIZATION 1.A.R.S.§11-951,et seq.provides that public agencies may enter intointergovernmentalagreementsfortheprovisionofservicesorforjointorcooperativeaction. BACKGROUND n 2.The County,through its Board of Supervisors,recognizes the desirability toreduceenergyemissions,conserve energy,and preserve the environment. The County has established the Pinal County Energy Efficiency Initiative(“Program”),with funds provided by the American Recovery and Reinvestment Act (“ARRA”)through the U.S.Department of Energy’s (“DOE”)Energy Efficiency andConservationBlockGrant(“EECBG”). The County shall make grant money from its DOE EECBG funds available to the City to pursue eligible activities in furtherance of those goals. The City has determined to participate in the Program in anticipation of pursuingeligibleactivities. 3. 4. 5. n n 2 PURPOSE The purpose of this Agreement is to identify and define the responsibilities of the County and the City for various elements of the Program. 6. TERMS OF THE AGREEMENT n The above recitals and exhibits referenced herein and attached hereto are incorporated into this Agreement. Assignments.The County shall provide grant funds to the City for the purpose of achieving the goals of the Program and complying with the EECBG program as provided for in Exhibits A and B. County Responsibilities.The County shall have the following responsibilities: 9.1 Provide available funding,up to the present amount of $42,800.00,or an increased amount as availability of grant funding permits;to conduct energy efficiency and conservation projects in order to achieve the goals set forth in paragraph 3 herein above.All funds must be expended by April 1,2012.In no event shall the County’s financial obligation exceed the maximum amount of grant funds provided for in this agreement. 9.2 Follow the guidelines set forth by the DOE’s EECBG program guidelines and ARRA. 7. 8. 9. 9.3 Ensure that all projects provide written assurance that all laborers and mechanics on projects funded directly by or assisted in whole or in part by and through funding appropriated by ARRA are paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 31 of title 40,United States Code (Davis-Bacon Act). 9.4 Determine project eligibility,which shall not be unreasonably refused. 9,5 Submit all reports as required by the DOE EECBG program in a timely manner. 9.6 Notify the City as soon as practical in the event that funding for the Project is no longer available at which time County’s financial obligation pursuant to this Agreement shall terminate. City Responsibilities.The City shall have the following responsibilities: 10.1 Provide any funding that exceeds the maximum amount the County provides. n 10. nn 3 10.2 Conduct all necessary activities to complete the approved project by the date set forth in paragraph 9.1 of this Agreement unless extended by mutual agreement. 10.3 Provide reports and other information as required by the County in order to meet County and DOE requirements. 10.4 Follow the DOE’s EECBG program guidelines. n10.5 Provide written assurance that all laborers and mechanics on projects funded directly by or assisted in whole or in part by and through funding appropriated by ARRA are paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 31 of title 40,United States Code (Davis-Bacon Act). Term.This Agreement shall continue until June 30,2012 or until terminated by either party upon thirty (30)calendar days written notice to the other party.This Agreement shall terminate automatically should the County,in its sole discretion,decide to cease funding the Program.Notwithstanding the above,the County shall honor all funding commitments for which grant agreements were executed prior to a decision to cease funding the Program. Reimbursement.Funding by the County to the City is provided on a reimbursement basis,within thirty (30)calendar days of approval of invoices.The City agrees to reimburse the County for all expenditures made from grant funding which are determined by the County to be ineligible under the terms and conditions of the Program and/or grant agreement.The County shail have the right annually,at reasonable times and at a site designated by the County,to audit the books,documents and records of the City to the extent that the books,documents and records relate to grant funds. 11. 12. 13.Organizational Structure.The Program shall be administered by the Program Manager as identified in paragraph 20 below. 14,Subgrantee.The City shall be deemed to be a subgrantee for all purposes under this Agreement,to include,but not be limited to,the administration and performance of grant agreement activities and management of all property,if any,acquired under the Program.In no event shall the City or any of its officials,employees,agents,contractors or subcontractors be deemed to be an employee,agent,contractor or subcontractor of the County for any purpose whatsoever. 15.Compliance With All Laws.The County and City shall comply with all applicable federal,state and local laws,statutes,ordinances,regulations and rules. 16.Effective Date.This Agreement shall be effective after it is approved by bothPartiesanduponrecordationintheOfficeofthePinalCountyRecorder. n n n 4 17.Indemnification.To the fullest extent permitted by law,each party shall defend, indemnify,and hold harmless the other its agents,officers,officials,employees,and volunteers from and against all claims,damages,losses,and expenses (including but not limited to attorney fees and court costs)arising in whole or in part from the acts, errors,mistakes,omissions,work or service of the indemnifying party,its agents, employees,or any tier of that party’s subcontractors in the performance of this Agreement. n Non-Discrimination.Both parties shall comply with all federal,state,and local laws,rules,and regulations,and executive orders concerning,non-discrimination in employment,education,and services on the basis of sex,race,disability,religion, national origin,or veteran’s status. 18. 19.ARS 38-511.This Agreement shall be subject to the provisions of A.R.S.§38- 511. Notices.All notices required under this Agreement shall be sufficient if sent by electronic mail,facsimile or U.S.Mail as follows: 20. For County;Ernest Feliz,Program Manager Pinal County Energy Efficiency Initiative Program 970 N.Eleven Mile Corner Rd Casa Grande,AZ 85194 520.866.7221 (phone) 520.866.7235 (fax) n For City:Shane Kiesow,Public Works Manager City of Apache Junction 300 East Superstition Blvd. Apache Junction,Arizona 85119 480.474.8516 (phone) 480.474.5102 (fax) nn 5 IN WITNESS WHEREOF,the Parties hereto have executed this Agreement. CITY:COUNTY: City of Apache Junction Pinal County Board of Supervisors n By;By: John S.Insalaco,Mayor David Snider,Chairman Date:Date: ATTEST;ATTEST: Kathleen Connelly,City Clerk Clerk Approved as to form and within the powers and authority granted to the City under the laws of the State of Arizona. Approved as to form and within the powers and authority granted to the County under the laws of the State of Arizona.n Richard J.Stern,City Attorney County Attorney n n statement of Work FOR COUNTY OF PINAL The County of Pinal will only fund projects that fall within the bounded categories in Part I below and,moreover,are consistent with the limitations prescribed therein.This SOW applies to Activity 1 Energy Efficiency Audits,Activity 2 Energy Efficiency & Conservation Municipal Partnerships and Activity 4 Energy Efficiency Facilities Implementation. n Part I -Bounded Categories 1.Conducting residential and commercial building energy audits,which includes hiring technical consultants to conduct such audits. 2.Establishment of financial incentive programs for energy efficiency improvements (this includes Revolving Loan Funds). 3.Provision of grants to nonprofit organizations and governmental agencies for the purpose of performing energy efficiency retrofits,provided that: •Projects Are Limited To:installation of insulation;installation of efficient lighting;heating,venting,and air conditioning (HVAC)and high-efficiency shower/faucet upgrades;weather sealing;the purchase and installation of ENERGY STAR appliances;installation of solar powered appliances with improved efficiency;and replacement of windows and doors. 4.Development and implementation of energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the entity,provided that: •Projects Are Limited To:design and operation of the programs;identifying the most effective methods for achieving the maximum participation and efficiency rates;public education,measurement and verification protocols; and identification of energy efficient technologies.n 5.Development and implementation of programs to conserve energy used in transportation,provided that: •Projects Are Limited To:use of flex time by employers;use of satellite work centers;development and promotion of zoning guidelines or requirements that promote energy efficient development;and synchronization of traffic signals. 6.Development and implementation of building codes and inspection services,and associated training and enforcement of such codes in order to support code compliance and promote building energy efficiency. 1 n n Projects to increase participation and efficiency rates for material conservation programs. 7. Replacement of traffic signals and street lighting with energy efficient technologies. 8. Development,implementation,and installation on or in any government building of onsite renewable energy technology that generates electricity from renewable resources,provided that: 9. n •Projects Are Limited To: Solar Electricity/Photovoltaic -systems or unit on existing rooftops and parking shade structures must be sized for the load of the particular building it is installed on;or a 60 KW system or smaller unit installed on the ground within the boundaries of an existing facility. Wind Turbine -20 KW or smaller. Solar Thermal -system must be 20 KW or smaller. Solar Thermal Hot Water -such as appropriately sized for small buildings. Ground Source Heat Pump -5.5-ton capacity or smaller, horizontal/vertical,ground,closed-loop system. Combined Heat and Power System -boilers sized appropriately for the buildings in which they are located. Biomass Thermal -3 MMBTUs per hour or smaller system with appropriate Best Available Control Technologies (BACT)installed and operated. o o o o o o o Part n -Integral Element Requirements and Other Conditions County of Pinal will not fund Projects that would: n(1)Threaten a violation of applicable statutory,regulatory,or permit requirements for environment,safety,and health,including requirements of DOE and/or Executive Orders; (2)Require siting and construction or major expansion of waste storage,disposal, recovery,or treatment facilities (including incinerators); (3)Disturb hazardous substances,pollutants,contaminants,or CERCLA-excluded petroleum and natural gas products that preexist in the environment such that there would be uncontrolled or unpermitted releases;or (4)Adversely affect environmentally sensitive resources.Environmentally sensitive resources include,but are not limited to: 2 n n (i)Property (e.g.,sites,buildings,structures,objects)of historic,archeological,or architectural significance designated by Federal,state,or local governments or property eligible for listing on the National Register of Historic Places; (ii)Federally-listed threatened or endangered species or their habitat (including critical habitat).Federally-proposed dr candidate species or their habitat,or state- listed endangered or threatened species or their habitat; n (iii)Wetlands regulated under the Clean Water Act (33 U.S.C.1344)and floodplains; (iv)Areas having a special designation such as Federally-and state-designated wilderness areas,national parks,national natural landmarks,wild and scenic rivers,state and Federal wildlife refuges,and marine sanctuaries; (v)Prime agricultural lands; (vi)Special sources of water (such as sole-source aquifers,wellhead protection areas,and other water sources that are vital in a region);and (vii)Tundra,coral reefs,or rain forests. Waste Stream Conditions The County of Pinal shall obtain a waste management plan addressing waste generated by a proposed Project prior to funding projects or awarding a sub-grant for a Project. This waste management plan will describe the recipient’s plan to dispose of any sanitary or hazardous waste (e.g.,construction and demolition debris,old light bulbs,lead paint, lead ballasts,piping,roofing material,discarded equipment,debris,and asbestos) generated as a result of the proposed Project.County of Pinal shall make the waste management plan and related documentation available to DOE on DOE’s request (for example,during a post-award audit).County of Pinal shall ensure through specific contract terms that the Sub-recipient complies with all Federal,state and local regulations for waste disposal. n NHPA Conditions Prior funding projects or awarding a sub-grant for a Project,County of Pinal shall comply with Section 106 of the National Historic Preservation Act (NHPA).If applicable,the Sub-recipient must contact the State Historic Preservation Officer (SHPO),and the Tribal Historic Preservation Officer (THPO).County of Pinal shall retain sufficient documentation to demonstrate that the Sub-recipient has received required approval(s) from the SHPO or THPO for the Project.County of Pinal shall deem compliance with Section 106 of the NHPA complete only after it has this documentation.County of Pinal shall make this documentation available to DOE on DOE’s request (for example,during a post-award audit). 3 n n Cumulative Impacts,Connected Actions and Extraordinary Circumstances DOE’S CXs are not absolute.CXs do not apply to Projects that involve “extraordinary circumstances,”connected actions,or cumulative impacts that may have significant environmental impacts.See 10 C.F.R.§102r.410(b).If DOE grants a CX based on descriptions in the recipient’s RFP for EECBG grants,.DOE will base its decision on the lack of such “extraordinary circumstances”and significant impacts.County of Pinal shall review section 1021.410 and must immediately contact DOE if it identifies a Project that may involve “extraordinary circumstances,”cumulative impacts or connected actions that could have significant environmental impacts.Typically,DOE will either subject the sub-grant for the Project to NEPA review or the County of Pinal will elect not to proceed with awarding the sub-grant. n Partm On the basis of County of Pinal assurances in this Project Activity Worksheet,DOE intends to apply one or more CXs to the award for all Projects described in the recipient’s RFP.However,because DOE has only recently started employing this approach to categorically excluding sub-grants,there may be unforeseen circumstances that make it inappropriate to apply a CX to a Project(s)that meets all the Part I and Part II requirements.DOE does not waive its discretion to decline to apply a CX for projects/grants. By signing below.County of Pinal acknowledges the preceding paragraph,agrees to all conditions in Parts I,II and III,and provides its assurance that all statements in the Project Activity Worksheet and attachments are accurate to the best of its knowledge. nAuthorizedSignatoryCountyofPinal 4 n n DE-EE0000855/000 Pinal County,AZ SPECIAL TERMS AND CONDITIONS Table of Contents Number Subject 1.RESOLUTION OF CONFLICTING CONDITIONS AWARD AGREEMENT TERMS AND CONDITIONS ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP)SYSTEM CEILING ON ADMINISTRATIVE COSTS...„ LIMITATIONS ON USE OF FUNDS REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS COSTS USE OF PROGRAM INCOME STATEMENT OF FEDERAL STEWARDSHIP SITE VISITS REPORTING REQUIREMENTS PUBLICATIONS FEDERAL,STATE,AND MUNICIPAL REQUIREMENTS LOBBYING RESTRICTIONS NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)REQUIREMENTS HISTORIC PRESERVATION WASTE STREAM.. DECONTAMINATION AND/OR DECOMMISSIONING (D&D)COSTS SUBGRANT APPROVALS JUSTIFICATION OF BUDGET COSTS...... ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY IMPROVEMENT PROGRAMS SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009) REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT I NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS ~SENSE OF CONGRESS REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS -SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009... WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY 2 2.2 3.n 2 4. 2 5.3 6.3 7.3 8.4 9.4 10.4 11.4 12.5 13.5 14.5 15.6 16.7 17..7 18.7 19.8 20.8 21. .9 22. 9 23. 14 24. 14n25. 15 26. 18 27. ACT 22 RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS DAVIS-BACON ACT REQUIREMENTS 28. 22 29.23 nn DE-EE0000855/000 Pinal County,AZ 1.RESOLUTION OF CONFLICTING CONDITIONS Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance. n2.AWARD AGREEMENT TERMS AND CONDITIONS This award/agreement consists of the Assistance Agreement,plus the following: a.Special Terms and Conditions, b.Attachments: Attachment Number Title , Statement of Project Objectives Federal Assistance Reporting Checklist and Instructions Budget Pages (SF 424A) c.DOE Assistance Regulations,10 CFR Part 600 at http://ecfr.gp oaccess.gov. d..Application/propbsal as approved by DOE. e.National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at http://management.energy.gov/business_doe/1374.htm. 1. 2. 3. 3.ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS Acknowledgement of award documents by the Recipient’s authorized representativethroughelectronicsystemsusedbytheDepartmentofEnergy,specifically FedConnect, constitutes the Recipient's acceptance of the terms and conditions of the award. Acknowledgement via FedConnect by the Recipient’s authorized representative constitutes the Recipient's electronic signature. 4.PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP)SYSTEM OMethodofPayment.Payment will be made by advances through the Department of Treasury’s ASAP system. Requesting Advances.Requests for advances must be made through the ASAP system. You may submit requests as frequently as required to meet'your needs to disburse funds for the Federal share of project costs.If feasible,you should time each request so that you receive.payment on the same day that you disperse tlinds for direct project costs and the proportionate share of any allowable ihdirect costs.If same-day transfers are not feasible,advance payments must be as close to actual disbursements as administratively feasible. a. b. Adjusting payment requests for available cash.You must disburse any funds that are available from repayments to and interest earned on a revolving fund,program income. c. 2 n n DE-EE0000855/000 Pinal County,AZ rebates,refunds,contract settlements,audit recoveries,credits,discounts,and interest earned on any of those fiinds before requesting additional cash payments from DOE. d.Payments.All payments are made by electronic funds transfer to the bank account identified on the ASAP Bank Information Form that you filed with the U.S.Department of Treasury. 5.CEILING ON ADMINISTRATIVE COSTSn- Local government and Indian Tribe Recipients may not use more than 10 percent of amounts provided under this program,or $75,000,whichever is greater (EISA Sec 545 (b)(3)(A)),for administrative expenses,excluding the costs of meeting the reporting requirements under Title V,Subtitle E of EISA.These costs should be captured and summarized for each activity under the Projected Costs Within Budget:Administration. a. b.Recipients are expected to manage their administrative costs.DOE will not amend an award solely to provide additional funds for changes in administrative costs.The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling.In addition,the Recipient shall neither count costs in excess of the administrative cost ceiling as cost share,nor allocate such costs to other federally sponsored project,unless approved by'the Contracting Officer. 6.LIMITATIONS ON USE OF FUNDS By accepting funds under this award,you agree that none of the funds obligated on the award shall be expended,directly or indirectly,for gambling establishments,aquariums, zoos,golf courses or swimming pools. a. Local government and Indian tribe Recipients may not use more than 20 percent of the amounts provided or $250,000,whichever is greater (EISA Sec 545 (b)(3)(B)),for the establishment of revolving loan funds. b. n Local government and Indian tribe Recipients may not use more than 20 percent of the amounts provided or $250,000,whichever is greater (EISA Sec 545 (b)(3)(C)),for subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe. c. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS COSTS7. The Recipient is expected to manage their final negotiated project budgets,including their indirect costs and fringe benefit costs.DOE will not amend an award solely to provide additional funds for changes in the indirect and/or fringe benefit costs or for changes in rates used for calculating these costs.DOE recognizes that the inability to obtain full reimbursement for indirect or fringe benefit costs means the Recipient must a. 3 nn DE-EE0000855/000 Pinal County,AZ absorb the underrecovery.Such underrecovery may be allocated as part of the Recipient’s cost share. b.If actual allowable indirect and fringe benefit costs are less than those budgeted and funded under the award,the Recipient may use the difference to pay additional allowable direct costs during the project period.If at the completion of the award the Government’s share of total allowable costs (i.e.,direct and indirect),is less than the total costs reimbursed,the Recipient must refund the difference.n 8.USE OF PROGRAM INCOME If you earn program income during the project period as a result of this award,you may add the program income to the funds committed to the award and used to further eligible project objectives. 9.STATEMENT OF FEDERAL STEWARDSHIP DOE will exercise normal Federal stewardship in overseeing the project activities performed under this award.Stewardship activities include,but are not limited to,conducting site visits;reviewing performance and financial reports;providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which developduringtheproject;assuring compliance with terms and conditions;and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. 10.SITE VISITS DOE’S authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance,if required.You must provide,and must require your subawardees to provide,reasonable access to facilities,office space,resources,and assistance for the safety andconvenienceofthegovernmentrepresentativesintheperformanceoftheirduties.All site visits and evaluations must be performed in a manner that does not unduly interfere withdelaythework. n or 11.REPORTING REQUIREMENTS a.Requirements.The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist,DOE F 4600.2,attached to this award.Failure to comply with these reporting requirements is considered a material noncompliance withthetermsoftheaward.Noncompliance may result in withholding of future payments,suspension or termination.,of the current award,and withholding of future awards.Awillfulfailuretoperform,a history of failure to perform,or unsatisfactory performanceofthisand/or other financial assistance awards,may also result in a debarment action to preclude future awards by Federal agencies. 4 n n DE-EE0000855/000 Pinal County,AZ b.Additional Recovery Act Reporting Requirements are found in the Provision below labeled:“REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT.” 12.PUBLICATIONS a.You are encouraged to publish or otherwise make publicly available the results of the work conducted under the award.n b.An acknowledgment of DOE support and a disclaimer must appear in the publication of any material,whether copyrighted or not,based on or developed under this project,asfollows: Acknowledgment:“This material is based upon work supported by the Department of Energy [National Nuclear Security Administration][add name(s)of other agencies,if applicable]under Award Number(s)[enter the award number(s)].” Disclaime.r “This report was prepared as an account of work sponsored by an agency of the United States Government.Neither the United States Government nor any agency thereof,nor any of their employees,makes any warranty,express or implied, or assumes any legal liability or responsibility for the accuracy,completeness,or usefulness of any information,,apparatus,product,or process disclosed,or represents that its use would not infringe privately owned rights.Reference herein to any speeific commercial product,process,or service by trade name,trademark, manufacturer,or otherwise does not necessarily constitute or imply its endorsement, recommendation,or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof” 13.FEDERAL,STATE,AND MUNICIPAL REQUIREMENTS n You must obtain any required permits and comply with applicable federal,state,and municipal laws,codes,and regulations for work performed under this award. 14.LOBBYING RESTRICTIONS By accepting funds under this award,you agree that none of the funds obligated on the award shall be expended,directly or indirectly,to influence congressional action on any legislation or appropriation matters pending before Congress,other than to communicate to Members of Congress as described in 18 U.S.C.1913.This restriction is in addition to those prescribed elsewhere in statute and regulation. 5 oo DE-EE0000855/000 Pinal County,AZ 15.NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)REQUIREMENTS You are restricted from taking any action using Federal funds,which would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE providing either a NEPA clearance or a final NEPA decision regarding this project. If you move forward with activities that are not authorized for Federal funding by the DOE Contracting Officer in advance of the final NEPA decision,you are doing so at risk of not receiving Federal funding and such costs may not be recognized as allowable cost share. DOE has made a conditional NEPA determination for this award,and funding for certain activities or tasks under this award is contingent upon the final NEPA determination: n Activity 1 -Enersv Efficiency Audits: Prohibited actions include:Recipient is restricted from distributing Federal funds pending: (1)further submission by Recipient specifically identifying all activities authorized under this Program;and (2)a final NEPA determination from DOE regarding;those activities. This restriction does not preclude Recipient from:conducting assessments,studies,and audits;developing strategies;providing recommendations and technical advice;and engaging in other administrative work related to the establishment of this Program. Activity 2 -Enersv Efifciency Municipal Partnershivs: Prohibited actions include:Demolition,construction,removal,installation or disposal activities,until such time that Recipient complies with the Waste Stream and Historic Preservation clauses. This restriction does not preclude Recipient from:(1)purchasing any necessary equipment or related materials;or (2)conducting assessments,studies and other related administrative work Recipient shall ensure the safety and structural integrity of any repair,replacement, construction and/or alteration performed under this project.n Activity 3 -Trafifc Lishts Synchronization: DOE has made a final NEPA Determination for this activity,which is categorically excluded from further NEPA review. Actiyity 4 -Energy Efficiency Corrective Measures Implementation-. Prohibited actions include:Demolition,construction,removal,installation or disposal activities,until such time that Recipient complies with the Waste Stream and Historic Preservation clauses. This restriction does not preclude Recipient from:(1)purchasing any necessary equipment or related materials;or (2)conducting assessments,studies and other related administrative work 6 n n DE-EE0000855/000 Pinal County,AZ Recipient shall ensure the safety and structural integrity of any repair,replacement, construction and/or alteration performed under this project. 16.HISTORIC PRESERVATION Prior to the expenditure of Federal fiinds to alter any structure or site,the Recipient is required to comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA),consistent with DOE’s 2009 letter of delegation of authority regarding the NHPA.Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places.In order to fulfill the requirements of Section 106,the recipient must contact the State Historic Preservation Officer (SHPO),and, if applicable,the Tribal Historic Preservation Officer (THPO),to coordinate the Section 106 review outlined in 36 CFR Part 800.SHPO contact information is available at the following link;httD://www.ncshpo.org/find/index.htm.THPO contact information is available at the following link:http://www.nathpo.org/map.html. n Section 110(k)of the NHPA applies to DOE funded activities.Recipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. Recipients should be aware that the DOE Contracting Officer will consider the recipient in compliance with Section 106 of the NHPA only after the Recipient has submitted adequate background documentation to the SHPO/THPO for its review,and the SHPO/THPO has provided written concurrence to the Recipient that it does not object to its Section 106 finding or determination.Recipient shall provide a copy of this concurrence to the Contracting Officer. 17.WASTE STREAM Prior to the expenditure of Federal funds to dispose of sanitary or hazardous waste,the Recipient is required to provide documentation to the Project Officer demonstrating that it has prepared a disposal plan for sanitary or hazardous waste generated by the proposed activities.Sanitary or hazardous waste includes,but is not limited to,old light bulbs,lead ballasts,piping,roofing material,discarded equipment,debris,asbestos,etc. The DOE Contracting Officer shall consider compliance with this clause complete only after the Recipient has submitted adequate documentation to DOE for its review,and DOE has provided written approval to the Recipient of its proposed plan to dispose of its sanitary or hazardous waste. n 18.DECONTAMINATION AND/OR DECOMMISSIONING (D&D)COSTS Notwithstanding any other provisions of this Agreement,the Government shall not be responsible for or have any obligation to the Recipient for (i)Decontamination and/or Decommissioning (D4&D)of any of the Recipient’s facilities,or (ii)any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the 7 nn DE-EE0000855/000 Pinal County,AZ performance of the work under this Agreement,whether said work was performed prior to or subsequent to the effective date of the Agreement. 19.SUBGRANT APPROVALS The Recipient hereby warrants that it will ensure that all activities by sub-grantee(s)to accomplish the approved Project Description or Statement of Project Objectives are eligible activities under 42 U.S.C.171534(3)-(13). a. n b.Upon the Recipient’s selection of the sub-grantee(s)and within 180 days of the award date in Block 27 of the Assistance Agreement Cover Page,the Recipient shall provide the following information for each,regardless of dollar amount; -Name -DUNS Number -Award Amount -Statement of work including applicable activities In addition to the information in paragraph b.above,for each sub-grant that has an estimated cost greater than 25%of the Total Allocation or $1,000,000,whichever is less, the recipient must submit a statement of work,SF424A Budget Information - Nonconstruction Programs,and PMC 123.1 Cost Reasonableness Determination for Financial Assistance (http://www.eere-pmc.energv.gov/Forms.aspx~).or equivalent. c. 20.JUSTIFICATION OF BUDGET COSTS a.In the original application,the recipient did not provide sufficient information to justify the approval or release of funds for the proposed activity/activ ities.In order to receive reimbursement for the costs associated with the activity/activit ies listed in the approved Statement of Project Objectives (SOPO),all proposed costs must be approved by theDOEContractingOfficer, b.The Recipient must provide justification for the following costs: Contractual Costs; 1.The recipient shall provide the following information for each individual or company that will receive EECBG funding,regardless of dollar amount: -Name -DUNS Number -Award Amount Statement of work including applicable activities -NEPA documentation,as applicable n 2.In addition to the information in paragraph 1.above,for each individual or company that has an estimated cost greater than 25%of the Total Allocation or $1,000,000,whichever is less,SF424A Budget Information -Nonconstruction Programs,and Budget Justification.The DOE Contracting Officer may require 8 n n DE-EE0000855/000 Pinal County,AZ additional infonnation concerning these individuals or companies prior to providing written approval. c.Upon written approval by the Contracting Officer,the Recipient may then receive payment for the activities listed in the approved SOPO for allowable costs incurred in accordance with the payment provisions contained in the Special Terms and Conditions of this agreement.These written approvals will be incorporated into the award by formal modification at a future date.n 21.ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY IMPROVEMENT PROGRAMS The parties recognize that the Recipient may use funds under this award for Property- Assessed Clean Energy (PACE)loans.Sustainable Energy Municipal Financing,Clean Energy Assessment Districts,Energy Loan Tax Assessment Programs (ELTAPS),or any other form or derivation of Special Taxing District whereby taxing entities collect payments through increased tax assessments for energy efficiency and renewable energy building improvements made by their constituents.The Department of Energy intends to publish "Best Practices"or other guidelines pertaining to the use of funds made available to the Recipient under this award pertaining to the programs identified herein.By accepting this award,the Recipient agrees to incorporate,to the maximum extent practicable,those Best Practices and other guidelines into any such program(s)within a reasonable time after notification by DOE that the Best Practices or guidelines have been made available.The Recipient also agrees,by its acceptance of this award,to require its sub-recipients to incorporate to the maximum extent practicable the best practices and other guideline into any such program used by the sub-recipient. 22.SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009) Preamble n The American Recovery and Reinvestment Act of 2009,Pub.L.111-5,(Recovery Act)was enacted to preserve and create jobs and promote economic recovery,assist those most impacted by the recession,provide investments needed to increase economic efficiency by spurring technological advances in science and health,invest in transportation,environmental protection,and other infrastructure that will provide long-term economic benefits,stabilize State and local government budgets,in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases.Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance,accountability,transparency,data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients,including 9 nn DE-EE0000855/000 Pinal County,AZ obtaining a DUNS number (or updating the existing DUNS record),and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects,but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance.For projects funded by sources other than the Recovery Act,Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available.The Recipient must comply with all requirements of the Act.If the recipient believes there is any inconsistency between ARRA requirements and cuixent award terms and conditions,the issues will be referred to the Contracting Officer for reconciliation. Definitions n For purposes of this clause.Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009,Pub.L.111-5. Covered Funds will have special accounting,codes and will be identified as Recovery Act funds in the grant,cooperative agreement or TIA and/or modification using Recovery Act funds.Covered Funds must be reimbursed by September 30,2015, Non-Federal employer means any employer with respect to covered funds ~the contractor, subcontractor,grantee,or recipient,as the case may.be,if the contractor,subcontractor, grantee,or recipient is an employer;and any professional membership organization, certification of other professional body,any agent or licensee of the Federal government,or any person acting directly or indirectly in the interest of an employer receiving covered funds;or with respect to covered funds received by a State or local government,the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government;and does not mean anydepartment,agency,or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant,loan,or contract)otherthananindividual.and includes a State that receives Recovery Act Funds. Special Provisions n A.Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B.Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the 10 n DE-EE0000855/000 Pinal County,AZ Recovery Act.Financial and accounting systems should be revised as necessary to segregate,track and maintain these funds apart and separate from other revenue streams.No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. C.Prohibition on Use of Funds n None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009,Pub.L.111-5,may be used by any State or local government,or any private entity,for any casino or other gambling establishment,aquarium,zoo,golf course,or swimming pool. D.Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009,Pub.L.11 lr5,any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C.App.)or of the Comptroller General is authorized — (1)to examine any records of the contractor or grantee,any of its subcontractors or subgrantees,or any State or local agency administering such contract that pertain to,and involve transactions that relate to,the subcontract,subcontract,grant,or subgrant;and (2)to interview any officer or employee of the contractor,grantee,subgrantee,or agency regarding such transactions. E.Publication An application may contain technical data and other data,including trade secrets and/or privileged or confidential information,which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application.To protect such data,the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: n Notice of Restriction on Disclosure and Use of Data The data contained in pages ——of this application have been submitted in confidence and contain trade secrets or proprietary information,and such data shall be used Or disclosed only for evaluation purposes,provided that if this applicant receives an award as a result of or in connection with the submission of this application,DOE shall have the right to use or disclose the data here to the extent provided in the award.This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement will be published on the Internet and linked to the website 11 nn DE-EE0000855/000 Pinal County,AZ www.recovery.gov,maintained by the Accountability and Transparency Board.The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5,United States Code. F.Protecting State and Local Government and Contractor Whistleblowers. nTherequirementsofSection1553oftheActaresummarizedbelow.They include,but are not limited to: Prohibition on Reprisals:An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009,Pub.L.111-5,may not be discharged,demoted,or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties,to the Accountability and Transparency Board,an inspector general,the Comptroller General,a member of Congress,a State or Federal regulatory or law enforcement agency,a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate,discover or terminate misconduct),a court or grant jury,the head of a Federal agency,or their representatives information that the employee believes is evidence of: -gross management of an agency contract or grant relating to covered funds; -a gross waste of covered funds; -a substantial and specific danger to public health or safety related to the implementation or use of covered funds; -an abuse of authority related to the implementation or use of covered funds;or -as violation of law,rule,or regulation related to an agency contract (including the competition for or negotiation of a contract)or grant,awarded or issued relating to covered funds. Agency Action:Not later than 30 days after receiving an inspector general report of an alleged reprisal,the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: -Order the employer to take affirmative action to abate the reprisal. -Order the employer to reinstate the person to the position that the person held before the reprisal,together with compensation including back pay,compensatory damages, employment benefits,and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. -Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys'fees and expert witnesses'fees)that were reasonably incurred by the employee for or in connection with,bringing the complaint regarding the reprisal,as determined by the head of a court of competent jurisdiction. Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring n 12 n n DE-EE0000855/000 Pinal County,AZ Arbitration:Except as provided in a collective bargaining agreement,the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy,form,or condition of employment,including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section.. Requirement to Post Notice of Rights and Remedies:Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009,Pub.L.111-5,shall post notice of the rights and remedies as required therein.(Refer to section 1553 of the American Recoveiy and Reinvestment Act of2009,Pub.L.111-5,www.Recovery.gov,for specific requirements of this section and prescribed language for the notices.). o G.Reserved H.False Claims Act Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal,employee,agent,contractor,sub-grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,conflict of interest, bribery,gratuity or similar misconduct involving those funds. I.Information in Support of Recovery Act Reporting Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices.Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. J.Availability of Funds Funds obligated to this award are available for reimbursement of costs until 36 months after the award date.n K.Additional Funding Distribution and Assurance,of Appropriate Use of Funds Certification by Governor -For funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009,Pub.L.111-5,the Governor of the State shall certify that:1)the state will request and use funds provided by the Act;and 2)the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature —If funds provided to any State in any division of the Act are not accepted for use by the Governor,then acceptance by the State legislature,by means of the adoption of a concurrent resolution,shall be sufficient to provide funding to such State. Distribution —After adoption of a State legislature's concurrent resolution,funding to the State will be for distribution to local governments,councils of government,public entities. 13 nn DE-EE0000855/000 Pinal County,AZ and public-private,entities within the State either by formula or at the State's discretion. L.Certifications With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009,Pub.L.111-5,the Governor,mayor,or other chief executive,as appropriate,certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars.Recipient shall provide an additional certification that includes a description of the investment,the estimated total cost,and the amount of covered funds to be used for posting on the Internet.A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. n 23.REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (a)This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act)and to report on use of Recovery Act funds provided through this award.Information from these reportswillbemadeavailabletothepublic, (b)The reports are due no later than ten calendar days after each calendar quarter in whichtheRecipientreceivestheassistanceawardfundedinwholeorinpartbytheRecoveryAct. (c)Recipients and their first-tier subrecipients must maintain current registrations in the Central Contractor Registration {http://'www.ccr.gov)at all times during which they haveactivefederalawardsfundedwithRecoveryActfunds.A Dun and Bradstreet Data Universal Numbering System (DUNS)Number {http://www.dnb.com)is one of the requirements forregistrationintheCentralContractorRegistration, (d)The recipient shall report the information described in section !512(c)of the RecoveryActusingthereportinginstructionsanddataelementsthatwillbeprovidedonlineathttp://www.FederalReporting.gov and ensure that any information that is pre-filled iscorrectedorupdatedasneeded. n 24.NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -SENSE OF CONGRESS It is the sense of the Congress that,to the greatest extent practicable,all equipment andproductspurchasedwithfundsmadeavailableunderthisawardshouldbeAmerican-made. ^Special Note:Definitization of the Provisions entitled,“REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS -SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009”and “REQUIRED USE 14 n n DE-EE0000855/000 Pinal County,AZ OF AMERICAN IRON,STEEL,AND,MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009”will be done upon definition and review of final aetivities. 25.REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS -SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009n (a)Definitions.As used in this award term and condition- .(1)Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (i)Processed into a specific form and shape;or (ii)Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2)Public building and public work means a public building of,and a public work of,a governmental entity (the United States;the District of Columbia;commonwealths,territories, and minor outlying islands of the United States;State and local governments;and multi- State,regional,or interstate entities which have governmental functions).These buildings and works may include,without limitation,bridges,dams,plants,highways,parkways, streets,subways,tunnels,sewers,mains,power lines,pumping stations,heavy generators, railways,airports,terminals,docks,piers,wharves,ways,lighthouses,buoys,jetties, breakwaters,levees,and canals,and the construction,alteration,maintenance,or repair of such buildings and works. (3)Steel means an alloy that includes at least 50 percent iron,between .02 and 2 percent carbon,and may include other elements. n (b)Domestic preference.(1)This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of2009 (Recovery Act)(Pub.L.111-5),by requiring that all iron,steel,and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3)of this section and condition. (2)This requirement does not apply to the material listed by the Federal Government as follows: To Be Determined (3)The award official may add other iron,steel,and/or manufactured goods to the list in paragraph (b)(2)of this section and condition if the Federal Government determines that— 15 nn •v-’k- DE-EE0000855/000 Pinal County,AZ (i)The cost of the domestic iron,steel,and/or manufactured goods would be unreasonable. The cost of domestic iron,steel,or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii)The iron,steel,and/or manufactured good is not produced,or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality;or (iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest, (c)Request for determination of inapplicability of Section 1605 of the Recovery Act.(l)(i) Any recipient request to use foreign iron,steel,and/or manufactured goods in accordance with paragraph (b)(3)of this section shall include adequate information for Federal Government evaluation of the request,including— (A)A description of the foreign and domestic iron,steel,and/or manufactured goods; (B)Unit of measure; n (C)Quantity; (D)Cost; (E)Time of delivery or availability; (F)Location of the project; (G)Name and address of the proposed supplier;and (H)A detailed justification of the reason for use of foreign iron,steel,and/or manufactured goods cited in accordance with paragraph (b)(3)of this section, (ii)A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d)of this section, (iii)The cost of iron,steel,and/or manufactured goods material shall include all deliverycoststotheconstructionsiteandanyapplicableduty, (iv)Any recipient request for a determination submitted after Recovery Act funds have beenobligatedforaprojectforconstruction,alteration,maintenance,or repair shall explain whytherecipientcouldnotreasonablyforeseetheneedforsuchdeterminationandcouldnothave requested the determination before the funds were obligated.If the recipient does not submitasatisfactoryexplanation,the award official need not make a determination. ■n 16 n n DE-EE0000855/000 Pinal County,AZ (2)If the Federal Government determines after funds have been obligated for a project for construction,alteration,maintenance,or repair that an exception to section 1605 of the Recovery Act applies,the award official.will amend the award to allow use of the foreign iron,steel,and/or relevant manufactured goods.When the basis for the exception is nonavailability or public interest,the amended award shall reflect adjustment of the award amount,redistribution of budgeted funds,and/or other actions taken to cover costs associated with acquiring or using the foreign iron,steel,and/or relevant manufactured goods.When the basis for the exception is the unreasonable cost of the domestic iron,steel,or manufactured goods,the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). n (3)Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies,use of foreign iron,steel,and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. (d)Data.To permit evaluation of requests under paragraph (b)of this section based on unreasonable cost,the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers; Foreign and Domestic Items Cost Comparison Unit of measure Cost (dollars)*Description Quantity Item 1: Foreign steel,iron,or manufactured good Domestic steel,iron,or manufactured good Item 2:n Foreign steel,iron,or manufactured good Domestic steel,iron,or manufactured good List name,address,telephone number,ernail address,and contact for suppliers surveyed. Attach copy of response;if oral,attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 17 nn DE-EE0000855/000 Pinal County,AZ 26.REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (a)Deifnitions.As used in this award term and condition- Designated country —(1)A World Trade Organization Government Procurement Agreement country (Aruba,Austria,Belgium,Bulgaria,Canada,Cyprus,Czech Republic, Denmark,Estonia,Finland,France,Germany,Greece,Hong Kong,Hungary,Iceland, Ireland,Israel,Italy,Japan,Korea (Republic of),Latvia,Liechtenstein,Lithuania, Luxembourg,Malta,Netherlands,Norway,Poland,Portugal,Romania,Singapore,Slovak Republic,Slovenia,Spain,Sweden,Switzerland,and United Kingdom; n (2)A Free Trade Agreement (FTA)country (Australia,Bahrain,Canada,Chile,Costa Rica, Dominican Republic,El Salvador,Guatemala,Honduras,Israel,Mexico,Morocco, Nicaragua,Oman,Peru,or Singapore);or (3)A United States-European Communities Exchange of Letters (May 15,1995)country: Austria,Belgium,Bulgaria,Cyprus,Czech Republic,Denmark,Estonia,Finland,France, Germany,Greece,Hungary,Ireland,Italy,Latvia,Lithuania,Luxembourg,Malta, Netherlands,Poland,Portugal,Romania,Slovak Republic,Slovenia,Spain,Sweden,and United Kingdom. Designated country iron,steel,and/or manufactured goods product,or manufacture of a designated country;or (1)Is wholly the growth. (2)In the case of a manufactured good that consist in whole or in part of materials from another country,has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. nDomesticiron,steel,and/or manufactured good —(1)Is wholly the growth,product,or manufacture of the United States;or (2)In the case of a manufactured good that consists in whole or in part of materials from another country,has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products,as long as the manufacture of the goods occurs in the United States. Foreign iron,steel,and/or manufactured good means iron,steel and/or manufactured good that is not domestic or designated country iron,steel,and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— 18 n n DE-EE0000855/000 Pinal County,AZ (1)Processed into a specific form and shape;or (2)Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of,and a public work of,a governmental entity (the United States;the District of Columbia;corhmonwealths,territories, and minor outlying islands of the United States;State and local governments;and multi- State,regional,or interstate entities which have governmental functions).These buildings and works may include,without limitation,bridges,dams,plants,highways,parkways, streets,subways,tunnels,sewers,mains,power lines,pumping stations,heavy generators, railways,airports,terminals,docks,piers,wharves,ways,lighthouses,buoys,jetties, breakwaters,levees,and canals,and the construction,alteration,maintenance,or repair of such buildings and works. n Steel means an alloy that includes at least 50 percent iron,between .02 and 2 percent carbon, and may include other elements. (b)Iron,steel,and manufactured goods.(1)The award term and condition described in this section implements— (i)Section 1605(a)of the American Recovery and Reinvestment Act of 2009 (Pub.L.111-5) (Recovery Act),by requiring that all iron,steel,and manufactured goods used in the project are produced in the United States;and (ii)Section 1605(d),which requires application of the Buy American requirement in a manner consistent with U.S.obligations under international agreements.The restrictions of section 1605 of the Recovery Act do not apply to designated country iron,steel,and/or manufactured goods.The Buy American requirement in section 1605 shall not be applied where the iron,steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services.This obligation shall only apply to projects with an estimated value of $7,443,000 or more. n (2)The recipient shall use only domestic or designated country iron,steel,and manufactured goods in performing the work funded in whole or part with this award,except as provided in paragraphs (b)(3)and (b)(4)of this section. (3)The requirement in paragraph (b)(2)of this section does not apply to the iron,steel,and manufactured goods listed by the Federal Government as follows: To Be Determined (4)The award official may add other iron,steel,and manufactured goods to the list in paragraph (b)(3)of this section if the Federal Government determines that— 19 nn DE-EE0000855/000 Pinal County,AZ (i)The cost of domestic iron,steel,and/or manufactured goods would be unreasonable.The cost of domestic iron,steel,and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (ii)The iron,steel,and/or manufactured good is not produced,or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; nor (iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c)Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act.(l)(i)Any recipient request to use foreign iron,steel,and/or manufactured goods in accordance with paragraph (b)(4)of this section shall include adequate information for Federal Government evaluation of the request,including— (A)A description of the foreign and domestic iron,steel,and/or manufactured goods; (B)Unit of measure; (C)Quantity; (D)Cost; (E)Time of delivery or availability; (F)Location of the project; (G)Name and address of the proposed supplier;and (FI)A detailed justification of the reason for use of foreign iron,steel,and/or manufactured goods cited in accordance with paragraph (b)(4)of this section, (ii)A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d)of this section, (iii)The cost of iron,steel,or manufactured goods shall include all delivery costs to the construction site and any applicable duty, (iv)Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction,alteration,maintenance,or repair shall explain whytherecipientcouldnotreasonablyforeseetheneedforsuchdeterminationandcouldnothave requested the determination before the funds were obligated.If the recipient does not submit a satisfactory explanation,the award official need not make a determination. n 20 n n DE-EE0000855/000 Pinal County,AZ (2)If the Federal Government deteimines after funds have been obligated for a project for construction,alteration,maintenance,or repair that an exception to section 1605 of the Recovery Act applies,the award official will amend the award to allow use of the foreigniron,steel,and/or relevant manufactured goods.When the basis for the exception isnonavailabilityorpublicinterest,the amended award shall reflect adjustment of the award amount,redistribution of budgeted funds,and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron,steel,and/or relevant manufactured goods.When the basis for the exception is the unreasonable cost of the domestic iron,steel, or manufactured goods,the award official shall adjust the award amount or redistribute budgeted funds,as appropriate,by at least the differential established in 2 CFR 176.110(a). (3)Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies,use of foreign iron,steel,and/or manufactured goods other than designated country iron,steel,and/or manufactured goods is noncompliant with the applicable Act. n (d)Data.To permit evaluation of requests under paragraph (b)of this section based unreasonable cost,the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: on Foreign and Domestic Items Cost Comparison Unit of measure Cost (dollars)*Description Quantity Item 1: Foreign steel,iron,or manufactured good Domestic steel,iron,or manufactured goodnItem2: Foreign steel,iron,or manufactured good Domestic steel,iron,or manufactured good List name,address,telephone number,email address,and contact for suppliers surveyed. Attach copy of response;if oral,attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 21 n n DE-EE0000855/000 Pinal County,AZ 27.WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (a)Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at .rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40,United States Code.n Pursuant to Reorganization Plan No.14 and the Copeland Act,40 U.S.C.3145,the Department of Labor has issued regulations at 29 CFR parts 1,3,and 5 to implement the Davis-Bacon and related Acts.Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section.Federal agencies providing grants,cooperative agreements,and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a)are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b)For additional guidance on the wage rate requirements of section 1606,contact your awarding agency.Recipients of grants,cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project.The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 28.RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (a)To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub.L.111-5)(Recovery Act)as required by Congress and in accordance with 2 CFR 215.21 “Uniform Administrative Requirements for Grants and Agreements”and OMB Circular A-102 Common Rules provisions,recipients agree to maintain records that identify adequately the source and application of Recovery Act funds.OMB Circular A-102 is available at http://www.whitehouse.gov/omb/circulars/al02/al02.html. n (b)For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133,“Audits of States,Local Governments,and Non-Profit Organizations,”recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA)and the Data Collection Form (SF- SAC)required by OMB Circular A-133.OMB Circular A-133 is available at http://www.whitehouse.gov/omb/circulars/al33/al33.html.This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA,and as separate rows under Item 9 of Part III on the SF-S AC by CFDA number,and 22 n n DE-EE0000855/000 Pinal County,AZ inclusion of the prefix “ARRA-”in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. (c)Recipients agree to separately identify to each subrecipient,and document at the time of subaward and at the time of disbursement of funds,the Federal award number,CFDA number,and amount of Recovery Act funds.When a recipient awards Recovery Act funds for an existing program,the information furnished to subrecipients shall distinguish thesubawardsofincrementalRecoveryActfundsfromregularsubawardsundertheexisting program, (d)Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFAdescribedabove.This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies.Offices of Inspector General and the Government Accountability Office. n 29.DAVIS-BACON ACT REQUIREMENTS Note:Where necessary to make the context of these articles applicable to this award,the term "Contractor"shall mean "Recipient"and the term "Subcontractor"shall mean "Subrecipient or Subcontractor"per the following definitions. Recipient means the organization,individual,or other entity that receives an award from DOE and is financially accountable for the use of any DOE funds or property provided for the performance of the project,and is legally responsible for carrying out the terms and conditions of the award. Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient for the use of the funds provided.The term may include foreign or international organizations (such as agencies of the United Nations). n Davis-Bacon Act (a)Definition.-"Site of the work"- (1)Means- (i)The primary site of the work.The physical place or places where the construction called for in the award will remain when work on it is completed;and (ii)The secondary site of the work,if any.Any other site where a significant portion of the building or work is constructed,provided that such site is~ (A)Located in the United States;and (B)Established specifically for the performance of the award or proj ect; 23 n DE-EE0000855/000 Pinal County,AZ (2)Except as provided in paragraph (3)of this definition,includes any fabrication plants, mobile factories,batch plants,borrow pits,job headquarters,tool yards,etc.,provided- (i)They are dedicated exclusively,or nearly so,to performance of the award or project;and (ii)They are adjacent or virtually adjacent to the "primary site of the work"as defined in paragraph (a)(l)(i),or the "secondary site of the work"as defined in paragraph (a)(l)(ii)of this definition;n (3)Does not include permanent home offices,branch plant establishments,fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal award or project.In addition, fabrication plants,batch plants,borrow pits,job headquarters,yards,etc.,of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site,are not included in the "site of the work."Such permanent,previously established facilities are not a part of the "site of the work"even if the operations for a period of time may be dedicated exclusively or nearly so,to the performance of a award. (b)(1)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,or as may be incorporated for a secondary site of the work,regardless of any contractual relationship which may be alleged to exist between the Contractor and such,laborers and mechanics.Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the award was performed at that site and shall be incorporated without any adjustment in award price or estimated cost.Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work. (2)Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph (e)of this article;also,regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such period. (3)Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill,except as provided in the article entitled Apprentices and Trainees. n 24 n n DE-EE0000855/000 Pinal County,AZ Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein;provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (4)The wage determination (including any additional classifications and wage rates conformed under paragraph (c)of this article)and the Davis-Bacon poster (WH-1321)shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.n (c)(1)The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the award shall be classified in conformance with the wage determination.The Contracting Officer shall approve.an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (i)The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii)The classification is utilized in the area by the construction industry. (iii)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (2)If the Contractor and the laborers and mechanics to be employed in the classification (if known),or their representatives and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits,where appropriate),a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S.Department of Labor Washington,DC 20210n The Administrator or an authorized representative will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (3)In the event the Contractor,the laborers or mechanics to be employed in the classification,or their representatives,and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate),the Contracting Officer shall refer the questions,including the views of all interested parties and the recommendation of the Contracting Officer,to the Administrator of the Wage and Hour Division for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the 25 nn DE-EE0000855/000 Pinal County,AZ Contracting Officer or will notify the Contracting Officer within the 30-day period thatadditionaltimeisnecessary. (4)The wage rate (including fringe benefits,where appropriate)determined pursuant tosubparagraphs(c)(2)and (c)(3)of this article shall be paid to all workers performing work intheclassificationunderthisawardfromthefirstdayonwhichworkisperformedintheclassification. O(d)Whenever the minimum wage rate prescribed in the award for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the Contractorshalleitherpaythebenefitasstatedinthewagedeterminationorshallpayanotherbonafidefringebenefitoranhourlycashequivalentthereof, (e)If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costsreasonablyanticipatedinprovidingbonafidefringebenefitsunderaplanorprogram;provided,that the Secretary of Labor has found,upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of LabormayrequiretheContractortosetasideinaseparateaccountassetsforthemeetingofobligationsundertheplanorprogram. Rates of Wages -Prior Approval for Proceeding with Davis-Bacon Construction Activities If the Recipient determines at any time that any construction,alteration,or repair activity asdefinedby29CFR5.2(j)fhttp://cfr.vlex.com/vid/5-2-definition s-19681309')will be performed during the course of the project,the Recipient shall request approval from theContractingOfficerpriortocommencingsuchwork.If the Contracting Officer concurs withtheRecipient’s determination,the Recipient must receive Contracting Officer approval toproceedwithsuchactivity,and must comply with all applicable Davis-Bacon requirements,prior to commencing such work.A modification to the award which incorporates theappropriateDavis-Bacon wage rate determination(s)will constitute the Contracting Officer’sapprovaltoproceed.If the Contracting Officer does not concur with the Recipient’sdetermination,the Contracting Officer will so notify the Recipient in writing.n 26 n ROLL CALL VOTE NOTES:/ Z n ■7 ITEM#MEETING OF SECONDED BY:MOTION BY: ABSTAINED/ES NO VCOUNCILMEMBERWILSON s!COUNCILMEMBER SERDY 7COUNCILMEMBERCOLEMAN iVICEMAYORECK COUNCILMEMBER BARKER COUNCILMEMBER DIETZ MAYOR INSALACO Ai n ABSTAINEDUNANIMOUINFAVOROPPOSED TOTAL o n ITEM NO.10 I MOVE RESOLUTION NO.10-09,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AN D^TERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR PARTICIPATION IN THE PINAL COUNTY ENERGY EFFICIENCY INITIATIVE,(BE APPROVED)OR (BE DENIED). n nCityoj.Apache juncmn Hmm ofik Supersfitmi Mouniams Si Print TO:City Manager's Office Brad Steinke,Director of Development Services April 20,2010 FROM: DATE: r*^Agenda Type : Council Priority Focus Area: Regular Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION,DISCUSSION AND CONSIDERATION OF DRAFT 2010 GENERAL PLAN. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: The city council will review and discuss draft Chapter 15 (Amending the General Plan)of the evolving 2010 General Plan. This item is identified in the city council's Fiscal Year 2009-2010 work plan. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: Statutory Requirement ^RECOMMENDATION: ATTACHMENTS: Click to download D Cover memo 0 GP Chapter 15 on Cih/(fApadie Junction Hone cfthe Superstition A^buntains n To:Mayor and City Council Brad Steinke,Director of Development Services April 7,2010 2010 General Plan:Chapter 15. From: Date: Subject: The city council will be reviewing and discussing Chapter 15 (Amending the General Plan)attheApril19“^work session meeting.This chapter describes the process for amending theGeneralPlanandestablishescriteriaformajorandminoramendments.The distinction between major and minor amendments is important since major amendments can only be scheduled andapprovedonceayear. This chapter has been reviewed by (he Planning &Zoning Commission and is now beingpresentedtoyouforpreliminaryreviewandcomment. If anyone has questions regarding this matter,please call Brad Steinke at 480-474-5082. ■n Phone (480)474-5082 •FAX (480)982-7018 •TDD (480)983-0095 •www.aicitv.net 300 E.Superstition Boulevard,Apache Junction,AZ 85219 n n DRAFT CHAPTER 15:AMENDING THE GENERAL PLAN Introduction The planning process leading up to the adoption of a General Plan is a rigorous process involving many formal and informal public meetings and public hearings over a considerable period of time.These meetings were supplemented with individual interviews,surveys,and other methods that were used to determine the community's goals and objectives regarding the development of the City of Apache Junction. n The General Plan,however,must continually be reexamined to respond to the changing social, economic,and demographic trends associated with dynamic growth within the City and region. Development pressures directly impact land use,traffic patterns,socio-economic conditions, provision of City services,and a host of other factors which must be addressed so that the Generai Plan remains effective and relevant.Significant changes in any of these factors can trigger a need to amend the Apache Junction General Plan. Accordingly,future changes to the plan should be carefully considered to avoid invaiidating the entire General Plan development process and undermining community confidence.The following describes the process and criteria for General Plan amendments. Plan Amendment Process Amendments to the.General Plan shall be classified as either major or minor amendments.In accordance with A.R.S.§9-461.06,changes to the General Plan are to be considered major amendments if the resulting change is a "substantial alteration of the municipality's land use mixture or balance as established in the Land Use Element."Criteria for determining what is a major or minor amendment is further discussed in this chapter.n Malor amendments to the 2010 General Plan shall comply with the following: Will be processed starting January 1st of each year and shall be considered by the Council at its second regular meeting in September of each year. 1. 2.May only be considered by the City Council at a single,hearing during the calendar year the proposal is made.[Note:Minor amendments may be processed and considered at any time during the year]. 3.Must receive a two-thirds majority vote of the City Council for approval. [March 4,2010 version]Page 1 n n DRAFT May be requested by private individuals and/or agencies in accordance with the procedures set forth in Arizona State Law. 4. 5.Must comply with the same procedures used for the adoption of the General Plan. 6.May not be enacted as an emergency measure by the City of Apache Junction,but is subject to referendum as provided by article IV,part 1,section 1,subsection (8), Constitution of Arizona,and title 19,chapter 1,article 4,except for general plans that are required to be submitted to the voters for ratification. n 7.Must be approved by the governing body in the form of a resolution. The General Plan Amendment process shall include,for both major and minor approvals,a review,analysis,findings,and recommendation for approval,denial,or modification by staff to the Planning and Zoning Commission and the City Council.No rezoning requiring a General Plan amendment shall be approved by the City Council until after the,Council approves the major minor General Plan amendment. or Plan Amendment Notice To ensure adequate scrutiny of proposals for major amendments to the General Plan,State Statutes mandate that local governments provide notice of the proposal a minimum of sixty (60)days prior to providing notice of public hearing.Major amendments must also meet the public involvement criteria outlined in the state statutes that provide effective,early,and continuous public participation from ail geographic,ethnic,and economic areas of the municipality (see Chapter 2). n60-DAY NOTICE A minimum of sixty (60)days prior to providing notice of the first public hearing for a major plan amendment,the local government rnust transmit the proposal to the Planning and Zoning Commission and City Council and provide review copies to the following entities: •The planning agency of the county in which the municipality is located. •Each county or municipality that is contiguous to the corporate limits of the municipality or its area of extraterritorial jurisdiction. •The regional planning agency within which the municipality is located. •The department of commerce or any other state agency that is subsequently designated as the general planning agency for this state. •The Department of Water Resources for review and comment of the Water Resources Element. •Any person.or entity that requests in writing to receive a copy of the proposal. [March 4,2010 version]Page 2 n n DRAFT NOTICE OF PUBLIC HEARING For both Major and Minor amendments to the General Plan,the City provides notice of public hearings before the Planning and Zoning Commission and City Council at least fifteen (15)but not more than thirty (30)calendar days prior to the hearing date by publication at least once in a newspaper of general circulation within the municipality.n PUBLIC HEARINGS AND ADOPTION Major amendments to the General Plan require the following public hearings: •Planning and Zoning Commission:A minimum of two public hearings at different locations within the municipality to promote citizen participation.Action by the Planning and Zoning Commission shall then be transmitted to the City Council. •City Council:A minimum of one public hearing.Approval of a major amendment requires the affirmative vote of at least two-thirds of the members of the City Council. Minor amendments to the General Plan require the following public hearings: •Planning and Zoning Commission:A minimum of one public hearing.Action by the Planning and Zoning Commission shall then be transmitted to the City Council. •City Council:A minimum of one public hearing.Approval of a minor amendment requires a simple majority vote of the City Council. Major Plan Amendments Amendments to the 2010 Plan shall be considered major amendments if they substantially alter the community's land-use mixture and balance in accordance with one or more of the following criteria: n 1.Any Planning Area Boundary change of 100 or more contiguous acres. 2.Any proposed Land Use Plan Map change from a residential land use designation to a non-residential land use designation of 10 or more contiguous acres. 3.Any proposed Land Use Plan Map change from a commercial land use designation to a business park/industrial land use designation of 10 or more contiguous acres. 4.Any proposed Land Use Map change from a commercial,business park,or industrial land use designation to a residential land use designation of 10 or more contiguous acres. [March 4,2010 version]Page 3 n n DRAFT 5.Any proposed Zoning Map change from a residential zoning district to a non-residential zoning district of 10 or more contiguous acres for property that is identified in the Land Use Plan as residential. 6.Any proposed Zoning Map change from a commercial zoning district to a business park/industrial zoning district of 10 or more contiguous acres for property that is identified in the Land Use Plan as commercial.n 7.Any proposed Zoning IVlap change from a commercial,business park,or industrial zoning district to a residential zoning district of 10 or more contiguous acres for property that is identified in the Land Use Plan as commercial or business park/industrial. 8.Any proposed Zoning Map change from a single-family residential zoning district to a multiple-family residential zoning district of 10 or more contiguous acres for property that is identified in the Land Use Plan as very low density rural residential,low density residential,or medium density residential. 9.Any Zoning Code text and/or General Plan text changes that conflict with or alter the intent of any General Plan goal,objective or policy as determined by the Development Services Director or designee. Minor Plan Amendments All other changes not expressly classified as a major plan amendment shall be classified and processed as minor plan amendments,except the following changes which are exempt: 1.Any proposed zoning map change that complies with the Land Use Plan Map (see Map n). 2.Any proposed General Plan and/or Zoning Code text change that does not conflict with or alter the intent of any General Plan goal,objective or policy as determined by the Development Services Director or designee. 3.Any proposed Zoning Map change from a ,higher density residential zoning district to a lower density residential zoning district. 4.Any proposed change to the Functional Roadway Classification Map that does not adversely impact all or a portion of the entire community,as determined by the Director of Public Works or designee. 5.Creation of any new zoning district classifications. [March 4,2010 version]Page 4 n n DRAFT General Plan Amendment Criteria In considering a plan amendment resulting from a proposed Zoning Map change.Zoning Code text change,General Plan Future Land Use Map change,or .General Plan text change,the following criteria shali be evaluated: n 1.Whether the amendment proposes a land use designation that the Land Use Plan Map (see Map ,)does not adequately provide optional sites to accommodate. Whether the amendment constitutes an overaii improvement to the Generai Pian,wiil not soleiy benefit a particular landowner or owners at a particular point in time,and is consistent with the overaii intent of the 2010 General Plan. 2. Whether the proposed amendment is justified by an error in the 2010 Generai Plan as originally adopted. 3. Whether the proposed change is generally consistent with goals,objectives,and other elements of the 2010 General Plan. 4. Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the Pian. 5. Whether the amendment wiii adversely impact a portion of,or the entire community6. by: Significantiy altering acceptable existing land use patterns,especially in estabiished neighborhoods. Significantiy reducing the housing to jobs baiance in the Pianning Area. Substantially decreasing existing and future water suppiies. Replacing employment with residentiai uses. Requiring additional and more expensive improvements to infrastructure systems and/or proximity to municipal facilities and/or services than are needed to support the prevailing land uses and which,therefore,may impact the level of service for existing and proposed developments in other areas. Increasing traffic (without mitigation measures)on existing roadways beyond the planned level of service,and that negatively impact existing and planned land uses. Affecting the existing character (i.e.,visual,physical and functional)of the immediate area. Increasing the exposure of residents to aviation generated noise,safety and/or flight operations. Materially diminishing the environmental quality of the air,water,land,or cultural resources. Significantly altering recreational amenities such as open space,parks,and trails. a. b. c. n d. e. f. g- h. i. J- [March 4,2010 version]Pages n n DRAFT It shall be the burden of the party requesting the major or minor amendment to prove that the proposed change meets the amendment criteria,constitutes an improvement to the 2010 General Plan,and complies with the goals and policies of the Plan. n n [March 4,2010 version]Page 6 ITEM NO.11 DISCUSSION ITEM ONLY -NO ACTION AT THIS TIME nn ROLL CALL VOTE L zNOTES: n 37 N MEETING OFITEM# i/SECONDED BY:MOTION BY: ABSTAINEDNOYES COUNCILMEMBER DIETZ COUNCILMEMBER BARKER 7VICEMAYORECK5/COUNCILMEMBER COLEMAN 7COUNCILMEMBERSERDY COUNCILMEMBER WILSON MAYOR INSALACO n- ABSTAINEDOPPOSEDINFAVORUNANIMOUS TOTAL o ITEM NO.12 &13 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,MAY 3,2010,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY;AND THAT AN EXECUTIVE SESSION AT 5:45 P.M.BE HELD ON TUESDAY,MAY 4,2010, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT; I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL c WS:, REG.01° SPEC: CITY COUNCIL: P / P / A P / A MAYOR INSALACO V VICE MAYOR ECK V/ COUNCILMEMBER BARKER ✓ COUNCILMEMBER COLEMAN COUNCILMEMBER DIETZ COUNCILMEMBER SERDY V COUNCILMEMBER WILSON V TOTAL CITY STAFF 41111\ City Manager George Hoffman Assistant City Manager Bryant V Powell City Clerk Kathleen Connelly ✓ City Attorney Joel Stern ✓ Public Safety Director Jerald Monahan City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Public Works Director David Fern Development Svcs Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby OTHERS: 'i P21 f. le):VY14 I 0 / Date: 1 City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. t Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ E I am in favor of the K,A\iseropo Item. ❑ I am opposed to the proposed Item. b H (: c/ --; Name (Print) i 3 \AJI PI S 0-KI S .q--- A -- , --- C '-- t T c_-,, Address City Zip Code -11(,W --()--C- - - 3 (_, c(- , Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 %/0:- Date: . D.p rb City of Apache Junction Item No. Request to Speak Form or Call to The Public One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? !Yes❑ No Only If Necessary E ❑ I am in favor of_the proposed Item. ❑ I am opposed to,the proposed Item. \A, a S ‘ Nk- Ya- -C‘rOV‘ Name (Print) y D- Ci Address ity Zip Code 4.1 Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 V Date: 4 �, ©��o / v City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes/ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) . //ta ) 0-0 /0 4-2 Address City A c A Zip Code 0eiThe / Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: f� City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes_. No Only If Necessary El ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) q7 '( ()/41) AY( (76/2A(ik. CM&'-g 412_, V)) ) Address City Zip Code 2__3 Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09