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HomeMy WebLinkAbout2011 04.18 City Council Work Session Agenda Pp ACHFv • . „.-.„...,,',:;7-+ o City of Ap ache Junction U •, Z Home of the Superstition Aiouiztains APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday,April 18,2011 7:00 PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL. 3. PRESENTATION AND CONSIDERATION OF RESOLUTIONS FOR LEAGUE OF ARIZONA CITIES AND TOWNS. 4. PRESENTATION AND DISCUSSION ON HOUSING OPTIONS TO SUPPORT REVITALIZATION EFFORTS AND SUSTAINABILITY OF THE DOWNTOWN. The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization of the downtown The strategy calls for developing programs to recruit specialty housing,pursuing federal and state funding that provides assistance to high quality affordable housing,establishing housing assistance for dislocated residents, and finding grant monies to upgrade existing facilities and building new affordable housing. Staff will be presenting information on existing strategies,conditions and opportunities. 5. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTIONS 11-08 AUTHORITY TO SUBMIT, 11-09 COMMITMENT OF LEVERAGE FUNDS,AND 11-10 RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR THE SUBMITTAL OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT APPLICATIONS. As part of the application requirements for submission of Community Development Block Grant and State Special Project applications,resolutions - are required that 1)authorizes the City to submit applications for funding;2)reflects leverage funds allocated to the applications,and 3)adopt a Residential Anti-Displacement and Relocation Assistance Plan every five years. 6. PRESENTATION AND DISCUSSION ON THE INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM. In November 2002,the voters of Anzona approved Proposition 202 which initiated new gaming compacts between the state and the Native American communities Prop 202 permitted tribal entities to establish grant programs with a portion of the gaming funds owed to the state.The program distributes funds to municipalities for services that benefit the general public. Proposition 202 also stipulated that local nonprofit organizations may apply for tribal grant funds if"sponsored"by an appropriate municipality The city has received four sponsorship requests since 2002;each request was denied To date,the city council has not had a discussion regarding the"sponsorship"of grant applications from local nonprofit organizations 7. 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. O, ,,ACHE�Gc,, 2 City of Apache Junction Home qf the Superstition Mountains Print TO: City Manager's Office FROM: Councilmember Dietz DATE: April 18,2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND CONSIDERATION OF RESOLUTIONS FOR LEAGUE OF ARIZONA CITIES AND TOWNS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ZE: agenda item transmittal-Yahoo! Mail http//us me1140.mai1 yahoo.com/mc/showMessage?sMid=6&filterBy= ~5()SHOOV MAIL /®M Classic VV RE: agenda item transmittal 4 5 Tuesday,April 5,2011 11 17 AM From: "Ruth Giese" <rgiese@ajcity.net> To: "George Hoffman" <ghoffrnan@ajcity net>,"Anna McCray" <amccray@ajcity net>, "Rick Dietz" <junc1953@yahoo corn> Cc: "Kathy Connelly" <kconnelly@ajcity net>,"Bryant Powell" <BPowell@AJCity Net>,"Joel Stern" <jstern@ajcity net>,"Matt Busby" <mbusby@AJCity.Net> Truck Lane Use Summarized here are the California Vehicle Code (CVC) sections related to highway lane use for trucks REDUCED SPEEDS The following CVC section lists the vehicles that must drive at reduced speeds. 22406. No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour: (a) A motor truck or truck tractor having three or more axles or any motor truck or truck tractor drawing any other vehicle DESIGNATED LANES for VEHICLES with a 55 MPH SPEED LIMIT Vehicles that are required to travel at a maximum of 55 mph on California highways must use a designated lane or lanes, as stated in the CVC below. 21655. (a) (b)Any .. vehicle subject to the provisions of Section 22406 shall be driven in the lane or lanes designated... whenever signs have been erected . ,when a specific lane or lanes have not been so designated, ...those vehicles shall be driven m the right-hand lane for traffic or as close as practicable to the right edge or curb. If,however, a specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, ... those vehicles may also be driven in the lane to the immediate left of that right-hand lane, ... When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane,the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic ... DESIGNATED LANES for SLOWER MOVING VEHICLES The following CVC section also mentions using the right-hand lane for slower moving vehicles: 21654 (a) ..., any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction . shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway 1 of 3 4/15/2011 1 25 W: agenda item transmittal-Yahoo'Mail http//us me 1140.mail yahoo.com/mc/showMessage?sMid=7&filterBy= IL7211400 ® MAIL Classic 9 FW.agenda item transmittal th Tuesday,April 5,2011 9.01 AM From. "George Hoffman"<ghoffman@ajcity net> \ --To• "Rick Dietz"<junc1953@yahoo.com> 'Jl more to follow geo From:Anna McCray Sent.Tuesday,April 05,2011 8 21 AM To:George Hoffmap•Ruth Giese Subject RE agenda item transmittal California has a split-speed limit,trucks have posted limit lower than cars A truck is not able to speed to overtake or pass another vehicle Vehicles weighing over 26,000 lbs,or that have three axles or more,must maintain their speed at no more than 55 mph.The speed lumt for other vehicles can be 65/70 freewayInterstate Highway or other state or U.S. residential residential state or freeway freeway freeway dividedundividedcounty divided undivided school Route built to Interstate standards territory (rural) (trucks) (urban) (rural) (rural) (rural) zone (urban) (urban) divided rural State or U.S route,generally with four or more lanes,not built to Interstate standards,but arg with a median or other divider separating directions 75 65 65 65 65 25 15 of travel Arizona° undivided rural State or U.S route,generally with two to four lanes,with no separator between "— 70 55 65 65 55-65 55-65 25 25 directions of travel California county County-owned roads that are generally not numbered by the state. divided urban/residential.Residential streets or busmess districts undivided urban/residential Residential streets or business districts school zone An area on a street near a school or near a crosswalk leadmg to a school that has a likely presence of pedestrians • 5 miles • 30 miles • 60 miles per hour per hour per hour (8 km/h) (48 km/h) (97 km/h) • 10 miles • 35 miles • 65 miles per hour per hour per hour (16 km/h) (56 km/h) (105 km/h) • 15 miles • 40 miles • 70 miles per hour per hour per hour (64 km/h)(24 (113 • 20 miles) • 45 miles • 75 mils km/h) per hour p�hour per hour (32 km/h) (72 km/h) (121 km/h) • 25 miles • 50 miles • 80 miles per hour per hour per hour (40 km/h) (80 km/h)(40 km/h) 1 of2 4/15/2011 1 28 PQP`CHF✓ • = city of A )ache Junction - z Home of the .S uper.+ttrion Il ou items 4Pizote 25 Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: April 18, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON HOUSING OPTIONS TO SUPPORT REVITALIZATION EFFORTS AND SUSTAINABILITY OF THE DOWNTOWN ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization of the downtown. The strategy calls for developing programs to recruit specialty housing, pursuing federal and state funding that provides assistance to high quality affordable housing, establishing housing assistance for dislocated residents, and finding grant monies to upgrade existing facilities and building new affordable housing. Staff will be presenting information on existing strategies, conditions and opportunities FISCAL IMPACT: 1PTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available Pp#,CHf�G let City of Apache Junction U `. Z Home of the Super:l'trlion Mountains 4Pizotr' 21 Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: April 18, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTIONS 11-08 AUTHORITY TO SUBMIT, 11-09 COMMITMENT OF LEVERAGE FUNDS, AND 11-10 RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR THE SUBMITTAL OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT APPLICATIONS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: As part of the application requirements for submission of Community Development Block Grant and State Special Project applications, resolutions are required that 1) authorizes the City to submit applications for funding, 2) reflects leverage funds allocated to the applications, and 3) adopt a Residential Anti-Displacement and Relocation Assistance Plan every five years. FISCAL IMPACT: -OPTIONS/ALTERNATIVES: .statutory Requirement RECOMMENDATION: Staff respectfully requests that the City Council review and discuss: 1) Resolution Number 11-08 authonzing the submission of the City's Fiscal Year 2011 Community Development Block Grant Regional Account and Fiscal Year 2011 State Special Project applications, 2) Resolution Number 11-09 authonzing the use of leverage funds for said application (s), and 3) Resolution Number 11-10 a Residential Anti-displacement and Relocation Assistance Plan. ATTACHMENTS: Click to download ❑ Staff Report 0 Resolution No 11-08 O Resolution No. 11-09 ❑ Resolution No. 11-10 eACH� City of Apache Junction 4RIzoN Development Services Department MEMORANDUM DATE: April 7, 2011 TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resource Manager FROM: Heather Patel, Program Coordinator SUBJECT: Fiscal Year 2011 Community Development Block Grant and Fiscal Year 2010/2011 State Special Project Programs—Resolution Number 11-08 (Authority to Submit), Resolution Number 11-09 (Commitment of Leverage Funds), and Resolution Number 11-10 (Residential Anti-displacement and Relocation Assistance Plan) REOUEST Staff respectfully requests that the City Council review and discuss. 1) Resolution Number 11-08 authorizing the submission of the City's Fiscal Year 2011 ("FY10") Community Development Block Grant Regional Account("CDBG")and Fiscal Year 2010/2011 ("FY10/11") State Special Project("SSP")applications, 2) Resolution Number 11-09 authorizing the use of leverage funds for the FY11 CDBG and the ..... FY10/11 SSP application (s), and 3) Resolution Number 11-10 a Residential Anti-displacement and Relocation Assistance Plan. BACKGROUND The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing ("ADOH") for both CDBG and SSP funding. The City of Apache Junction is anticipating receiving approximately$140,000 in CDBG funds to be used over a two year period of time(January 2012—December 2013) These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH.The City may retain up to 18%of these funds for administrative costs. This application is due June 1,2011. In years past, the City partnered with the Town of Payson to receive double funding every other year. The City has chosen to end that partnership as of the FY 11 due to anticipated changes in the CDBG program The City of Apache Junction is anticipating submitting an application (s) for the SSP funds which the City may request up to $300,000 per application to be used over a two year period of time. These funds are a statewide competitive grant The City may retain up to 18%of these funds for administrative costs. The application is due June 1, 2011 FY10 SSP The FY10 SSP public participation process began on November 12, 2009 with a public meeting and discussion with the Leadership Team. On November 30, 2009 staff presented the proposed projects for Council's review and discussion During the December 15, 2009 Council Meeting, a public hearing was held to gain input from the public and from the Council on potential projects for the submission of the FY 2010 SSP funding At that time the City Council recommended that a project selection for FY10 SSP be held until the summer of 2010 for further evaluation and discussion Staff returned to Council on July 6, 2010 to advise the Council of the revised list of projects for consideration based upon additional research 1) Downtown Redevelopment Project(Commercial Rehabilitation)= $300,000 2) Rehabilitation of Safe House=$66,000 3) Sewer Connections=$200,000 4) Downtown Redevelopment Project(Plaza Drive improvements)= $300,000 On September 7, 2010 during a public meeting, the Council selected to complete Phase Two of Plaza Drive improvements. FY11 CDBG and FY11 SSP The FY11 CDBG and FYI 1 SSP process began on October 19, 2010 with a public meeting. Additionally, on October 28, 2010 The Leadership Team met to discuss potential projects On January 4, 2011 during a public meeting, the Council selected to submit the following applications. Am. 1) FYI I CDBG funding to install sidewalks along Old West Highway 2) FY11 SSP funding to complete improvements to North Apache Trail Although the City has conducted the public participation process for the FY11 CDBG and two separate fiscal years of SSP funding, both FY10 and FYI 1, recent information provided by ADOH has indicated that the SSP program will not be in two separate application cycles, rather the funds will be combined into one grant, FY10/11. It is the City's intention to submit two applications under the FY10/11 SSP program although funding for both is unlikely As a result, a new public hearing was required to clarify the available funding and the proposed projects. On March 1, 2011, a public hearing was held. The City Council reviewed proposed applications and the changes to the funding allocations The City Council voted to submit the following applications. 1) FY11 CDBG—Sidewalk Improvements to Old West Highway 2) FYIO/11 SSP—North Apache Trail Improvements (two applications) 2 f DISCUSSION As part of the application requirements for submission of CDBG and SSP applications,a resolution is required that authorizes the City to submit applications to the Arizona Department of Housing for funding Resolution Number 11-08 further authorizes the Mayor to sign the applications, contracts, and grant documents, and take all actions necessary to implement and complete the activities submitted within the applications. Resolution No. 11-09 reflects leverage funds allocated to the FY11 CDBG and the FY10/l 1 SSP application(s) Under the FY11 CDBG program, leverage is not required However,when putting together the project budget, the Public Works Engineering staff will take a large role in the completion of this project by working with the engineering firm that will be hired as well as conducting meetings and completing site inspections Therefore it is customary to indicate the time spent on this project by Public Works staff as leverage Therefore, it is anticipated that the City will provide$9,400 as leverage to the project, of which$8,800 will be in-kind leverage through staff time to complete the project The remaining$600 will be for postage, supplies, and advertising. Under the FY10/11 SSP application,the State requires leverage funds in the form of cash or in-kind services in order to rank and rate each application for funding under the competitive application process. When the staff report was completed, staff was working with HDR, Inc an engineering firm to complete the required design plans for the proposed North Apache Trail Project The engineering firm will be recommending phases in order to break the project into pieces to better fit the application process and requirements Therefore the proposed leverage funding was not available when this report was prepared Staff will provide a detailed breakdown during the April 18, 2011 Work Session on this particular item. Every five years it is required by the state that a resolution be adopted for a Residential Anti- displacement and Relocation Assistance Plan A resolution is required regardless of whether a "housing"application is being submitted Resolution No 11-10 provides information and assistance to potentially relocated homeowners as a result of a federally funded projects being completed by the City of Apache Junction On May 3,2011, staff will bring Resolution Numbers 11-08, 11-09, and 1 1-1 0 forward to Council for consideration and approval following a required public hearing RECOMMENDATION Staff respectfully requests that Council review and discuss Resolution Nos. 11-08, 11-09, and 11-10 ACTION REQUIRED Presentation and Discussion Attachment 1- Resolution Number 11-08 (Authority to Submit) Attachment 2. Resolution Number 11-09(Commitment of Leverage Funds) 3 Attachment 3 Resolution Number 11-10 (Residential Anti-displacement and Relocation Assistance Plan) AINIk RESOLUTION NO 11-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2011 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG RA") , FY 2010/2011 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) • (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA AND SSP APPLICATION (S) . WHEREAS, the City of Apache Junction is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Program; and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives, and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons, and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on November 12, 2009, December 15, 2009, February 2, 2010, September 7, 2010, October 19, 2010, January 4, 2011, March 1, 2011, and May 3, 2011, the Apache Junction City Council held public hearings on CDBG RA and SSP proposed projects NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows : SECTION 1 - Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2011 CDBG RA, and Fiscal Year 2010/2011 SSP funds, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for. RESOLUTION NO. 11-08 PAGE 1 OF 2 FY 2011 CDBG RA - Old West Highway Sidewalk Improvements = funding maximum FY 2010/2011 SSP - North Apache Trail Improvements = up to $300, 000 per application SECTION 2 • oak The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications . SECTION 3 : The applications for State CDBG RA and SSP funds further the needs under State guidelines for low and moderate income persons . SECTION 4 : The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2011 SIGNED AND ATTESTED TO THIS DAY OF 2011 JOHN INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney RESOLUTION NO. 11-08 PAGE 2 OF 2 RESOLUTION NO. 11-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AND FY 2010/2011 STATE SPECIAL PROJECTS ("SSP") APPLICATION (S) . WHEREAS, the City of Apache Junction has adopted Resolution Number 11-XX which authorizes submission of an application (s) to the State of Arizona, Department of Housing ("ADOH") for State Special Project Funding; and WHEREAS, that application indicates that $TBD will be committed by the City of Apache Junction as leveraged funds, in the form of cash or resources to be used to complete the project; and WHEREAS, the CDBG Program requires that all local leveraged funds/resources be committed in the form of a resolution by the governing body, and that such a commitment contain an opinion by the applicant's legal counsel that the leveraged funds represent a binding commitment, legally enforceable under State laws. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby commit $TBD in funds and resources to the FY11 CDBG and the FY10/11 SSP Program, to be used for project costs, contingent upon the receipt of the grant assistance. 2) That the Mayor and City Council of the City of Apache Junction hereby find that this commitment is legally binding based on the legal opinion of the City attorney, and that such funds will be available for an audit at the termination of the grant, if so required by ADOH. RESOLUTION NO. 11-09 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2011 SIGNED AND ATTESTED TO THIS DAY OF 2011 . ^� JOHN INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-09 PAGE 2 OF 2 /011 RESOLUTION NO. 11-10 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR FISCAL YEAR 2011 AS REQUIRED UNDER SECTION 104 (D) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS ems AMENDED. WHEREAS, Section 104 (d) of the Housing and Community Development Act of 1974 (42 U.S .0 A § 5301, et seq. ) , as amended, and its implementing regulations, require that each applicant for Community Development Block Grant funds must adopt, make public, and certify that it is following a residential anti- displacement and relocation assistance plan, and WHEREAS, the City of Apache Junction, Arizona, is submitting an application to the Arizona Department of Housing for FY 2011 Community Development Block Grant funds NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Apache Junction do hereby adopt the residential anti-displacement and relocation assistance plan as described below: RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN The City of Apache Junction will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than low/moderate income housing as a direct result of activities commenced with funds provided under /'1 the Housing and Community Development Act of 1974 (42 U.S.C.A § 5301, et seq. ) , as amended All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the City of Apache Junction will make public and submit to the Arizona Department of Housing CDBG Program the following information in writing: 1 . A description of the proposed activity. Resolution No 11-10 Page 1 of 4 2 . The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate dwelling units as a direct result of the assisted activity. �"► 3 A time schedule for the commencement and completion of the demolition or conversion. 4 . The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units . 5 The source of funding and a time schedule for the provision of replacement dwelling units . 6 . The basis for concluding that each replacement dwelling unit will remain a low/moderate dwelling unit for at least 10 years from the date of initial occupancy 7 Information demonstrating that any proposed replacement of housing units with smaller dwelling units (e .g. a two-bedroom unit with two one-bedroom units) , or any proposed replacement of efficiency or single-room occupancy ("SRO") units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the State of Arizona' s approved Consolidated Plan ("CP") The City of Apache Junction will provide relocation assistance, ®► as described in the Act and implementing regulations, to low/moderate income household (s) displaced by demolition of housing or by the conversion of a low/moderate income dwelling units to another use as a direct result of assisted activities . Consistent with the goals and objectives of activities assisted under the Act, the City of Apache Junction will take the following steps to minimize displacement of persons from their homes . 1 . Coordinate code enforcement with rehabilitation and housing assistance programs Resolution No 11-10 Page 2 of 4 2 . Evaluate housing codes and rehabilitation standards (reinvestment areas to prevent undue financial burden on established owners and tenants) 3 Stage rehabilitation of apartment units to allow tenants to remain in the building/complex during and after the rehabilitation, but working with empty units first �► 4 . Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. 5 Adopt policies to identify and mitigate displacement resulting from intensive public investment in neighborhoods 6. Adopt policies which provide reasonable protections for tenants faced with conversion to a condominium or cooperative . 7 . Adopt tax assessment policies, such as deferred tax payment plans, to reduce the impact of increasing property tax assessments on lower income owner- occupants or tenants in revitalizing areas . 8 . Establish counseling centers to provide homeowners and tenants assistance in handling revitalization/relocation pressures . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF , 2011 SIGNED AND ATTESTED TO THIS DAY OF , 2011 . John Insalaco Mayor ATTESTS KATHLEEN CONNELLY City Clerk Resolution No. 11-10 Page 3 of 4 ..... ..... APPROVED AS TO FORM. RICHARD J STERN p City Attorney Resolution No. 11-10 Page 4 of 4 PgACHf✓ City of Apache junctIon Home of the Super-stition Mountains 4#/zopf cES Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: April 18, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the state and the Native American communities Prop 202 permitted tribal entities to establish grant programs with a portion of the gaming funds owed to the state. The program distributes funds to municipalities for services that benefit the general public. Proposition 202 also stipulated that local nonprofit organizations may apply for tribal grant funds if "sponsored" by an appropriate municipality The city has received four sponsorship requests since 2002, each request was denied. To date, the city council has not had a discussion regarding the "sponsorship" of grant applications from local nonprofit organizations FISCAL IMPACT: OPTIONS/ALTERNATIVES: 'olicy Discussion (list specific options/alternatives) RECOMMENDATION: Council could review material and direct staff to. 1) take no further action regarding this issue; 2) begin to process requests from local nonprofit organizations for sponsorship; or 3) conduct further research and report back to Council at a future date. ATTACHMENTS: Click to download • Staff Report O Sample Resolution O Sample IGA D Sample Resolution With Liability Language PpPCHF 0 City of Apache Junction q,4,,0 Development Services Department MEMORANDUM DATE: April 4, 2011 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director FROM• Roger S Hacker, Revenue Resources Manager SUBJECT. Indian Community State Shared Revenue Program REQUEST Staff respectfully requests that the City Council discuss the City's potential sponsorship of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American communities An important provision of Proposition 202 was the sharing of gaming revenues with the State Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue 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 and retain 12% of the assessment for distribution as grants Several Native American communities (e g Gila River Indian, Ak-Chin, Fort Mc Dowell Yavapai) exercised their option to retain and administer 12% of State shared revenue. Known as the Indian Community 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." Typical tribal funding pnonties include: 1) public safety (police, fire, ems), 2) transportation, 3) health care services, 4) economic and/or community development, 5) education; and 6) environment Page 1 of 4 The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored" by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. Municipalities that have sponsored nonprofits for such applications include Mesa, Phoenix, Tempe, Gilbert, Maricopa, and Chandler Since the inception of the Program, the City has received four requests for such sponsorship Each time, the City opted not to sponsor nonprofits for tribal grant submissions because. • There may be liability issues related to the grant funds. • There will be staff time necessary to prepare and administer such requests. • The nonprofit was not in Apache Junction. • The nonprofit did not serve local residents • Nonprofit applications would compete with City applications • The City did not have policy for handling such requests. In June 2010, the City Manager directed staff to present this matter to the Council in time for future funding cycles. Fort McDowell Yavapai Nation and the Gila River Indian Community have upcoming grant deadlines DISCUSSION The "sponsoring" of a local nonprofit for a tribal grant application raises numerous questions Why Do Municipalities Sponsor Such Applications? Communities support such nonprofit applications because 1) the law stipulates this role for municipalities, 2) it is a way to address local needs that government cannot—e g social services; 3) it is a way to assist local nonprofits, 4) it is being a "good neighbor" How Are Such Requests For Sponsorships Handled A city council would typically direct staff to gather information from nonprofits requesting sponsorship and prepare a council report that includes recommendations for/against supporting the sponsorship request In preparing such a report, staff would ensure that the organization. is a legally recognized 501 (c) 3 nonprofit, serves the residents of the community, and is in good standing (e g has current city business license) within the community The Council has the option to accept or reject staff's recommendations for sponsorship. If a city council decides to sponsor an application, a resolution is typically adopted by the council at a subsequent meeting. See Attachment 1 for a sample resolution Page 2 of 4 �-. Will Applications Submitted By Local Nonprofits Compete With Those Submitted By The City? Yes There is a limited amount of tribal funding for the grant programs So, ultimately any nonprofit application will compete with every other application submitted During the review process, similar projects are rated and ranked against each other As example, public safety projects are compared only with public safety projects Gila River suggests that a way to mitigate such competition is to submit a cover letter with all grant applications Such a letter would designate which applications are submitted by the City and which are being submitted by the City as a pass through courtesy for local nonprofits Further, Gila River recommended that the City's projects be listed in order of priority This document will be considered by the Tribal Council when reviewing grant applications Will There Be Costs To The City If It Sponsors Such Requests2 Yes Costs incurred by the City would include staff time to 1) conduct due diligence, 2) prepare City Council reports, 3) prepare check requests; 4) issue checks, 5) review grant reports, and 6) potentially negotiate an intergovernmental agreement with a tribal entity (e g Ft McDowell Yavapai Nation). Can Such Costs Be Included In The Grant Application2 No Such costs are prohibited by the law Gila River suggests that such costs could be discussed with a nonprofit prior to submission of the grant application What Liability Does The City Have If It Sponsors Such A Request9 Both Ft McDowell and Gila River state that a municipality's role is merely that of a financial pass through, as such, there is no liability for the project or funds Ft McDowell executes an intergovernmental agreement ("IGA") with the municipality for the pass through of the funds See Page 3, Paragraph 4 of Attachment 2 This paragraph stipulates a city's limited role Attachment 2 has been reviewed by the Apache Junction City Attorney, the City Attorney feels that this language protects Apache Junction from liability issues connected to a funded project Gila River does not execute such an IGA Instead, Gila River suggests that appropriate language could be added to the resolution supporting the nonprofits grant application. See Sections 4 and 5 of Attachment 3 for sample language that could be added to the resolution The City Attorney advised that if a tribal entity does not require an IGA for such pass through situations, the City should insist upon one. The Attorney noted that there is nothing in a resolution similar to Attachment 3 that is binding upon the tribal entity. Page 3 of 4 Further, the Attorney advised that without such an IGA, the "City should not be formally endorsing the cause " RECOMMENDATION Staff respectfully recommends that Council discuss this issue and give direction to staff ACTION REQUIRED Discussion and direction Attachment 1 Sample Resolution (Approval of Submittal) Attachment 2 Sample Intergovernmental Agreement Attachment 3 Sample Resolution With Liability Language Included Page 4 of 4 Attachment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE AK-CHIN INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. THIS APPLICATION IS SUBMITTED BY A. T. STILL UNIVERSITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA AS FOLLOWS Section 1 Arizona's Indian Gaming Compact provides that a Tribe makes twelve percent (12%) of its net annual State contribution to cities, towns or counties for government services that benefit the general public Private, not-for-profit organizations wishing to access funding to provide public benefits must secure sponsorship from a city, town or county before making application This must be expressed in a resolution passed by the local government sponsor. Section 2 A. T. Still University wishes to make application for$8,350 in funding from the Ak-Chin Indian Community's 12% Grant Program. Section 3 The City Council supports this grant request for funding and if awarded, will administer it directly to the non-profit agency as a pass-thru grant PASSED AND ADOPTED by the City Council of the City of Mesa, Mancopa County, Arizona this 17th day of May, 2010 APPROVED Mayor ATTEST. City Clerk Attachment 2 Intergovernmental Agreement Between The City of Mesa and The Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism and other Public Programs in the City of Mesa And Surrounding Communities Pursuant To A Tribal Revenue Sharing Agreement Authorized By Section 12 Payment of Regulatory Costs; Tribal Contributions Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002, And A R.S. §5-601.02 Fort McDowell,Arizona Page 1 674966 I Intergovernmental Agreement Between The City of Mesa and The Fort McDowell Yavapai Nation to Provide Funds for Promoting Tourism,Education and other Public Programs in the City of Mesa and Surrounding Communities This Intergovernmental Agreement (this "Agreement") is entered into by and between the City of Mesa, an Arizona municipal corporation (the "City") and the Fort McDowell Yavapai Nation (the "Nation"), a Federally-Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002(the"Compact")and A R S § 5-601 02 Recitals A The City and Nation may enter into an agreement with one another for the distribution of 12% of the Nation's annual contribution under Section 12(b)(1) of the Compact to cities,towns, or counties that benefit the general public or promote commerce and economic development and pursuant to A R S § 5-601.02. B The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian tribes, as well as any person, association, partnership, corporation,government or other private entity C The City is authorized by A R S §§ 5-601 02 and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for governmental services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development D The City and Nation desire to enter into this Agreement to provide funds for the purpose of promoting education to benefit the general public in the State of Arizona and specifically the City of Mesa and surrounding communities, as designated by the Nation, hereinafter referred to as the "Designated Projects", as more particularly described in Exhibit A attached hereto and incorporated herein by reference INS E The City and Nation desire to enter into this Agreement to define the terms and conditions of the Nations' funding of the Designated Projects F The total cost of the Designated Projects is One Hundred Ten Thousand One Hundred Eighty-Four dollars and zero cents($110,184 00) G The$110,184 00 is hereby made available for the Designated Projects from revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino H. The Nation intends to provide $1 10,184 00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S. § 5-601 02 to complete the Designated Projects. Page 2 674966 Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below,the Nation and the City,hereby mutually agree as follows 1 Designated Projects. The Designated Projects consist of the Nation providing the Funds to entities within the City of Mesa to promote education, public safety and for the benefit of the general public in the City of Mesa and surrounding area,as identified in the attached Exhibit A. 2. Disbursement of Funds Promptly after receipt of the Funds from the Nation, the City shall send a payment to such Designated Entity in the amount of the payment received from the Nation 3 Consideration and Reliance. The Nation expressly acknowledges that the City's promise to accept and disburse to the Designated Entities all Funds received by the City pursuant to this Agreement is full and adequate consideration and shall render this promise to provide funding irrevocable,and this Agreement shall constitute a binding obligation of the Nation under applicable law. 4. Limited Duties of City. The Nation further expressly agrees that, except as specifically set forth in this Agreement, the City has no duties under or related to this Agreement other than to receive the Funds and deliver same to the Designated Entities;selection of Designated Entities and determination as to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no third-party beneficiaries to this Agreement. 5 Financing; Verification of Payment A Nation Deposit The Nation shall deposit with the City the amount of$110,184 00 within thirty (30) days of the Effective Date of this Agreement to be disbursed according the Designated Project amounts in Exhibit A B Verification of Payment At the request of the Nation, the City shall provide a verification of payment to the Designated Entities. The City's responsibility is limited to disbursement to each Designated Entity and the City has no further duty with regard to any third parties, provided that the disbursement is complete. 6. Inspection and Audit. To ensure compliance with the City's limited duties herein, the Nation may inspect any and all records maintained by the City with respect to the Designated Project upon seven (7) days prior, written notice to the City This Section 6 shall survive termination, cancellation, or revocation,whether whole or in part,of this Agreement for a period of one(1)year following the date of such termination,cancellation,or revocation 7 Term and Termination of Agreement A Effective Date This Agreement shall be effective on the date it is signed by the Nation's authorized representative B Term This Agreement shall commence upon the Effective Date and shall terminate when the funds have been received by the City and disbursed to the Designated Entities. Page 3 674966 1 C. Termination. The Nation may terminate this Agreement with or without cause at any time prior to providing payment to the City, provided that such notice shall be in writing and delivered to the parties' designated representatives, as set forth in the Notice section 8 Indemnification A Indemnification Each party shall indemnify, defend, and hold harmless the other party, its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's, and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct of the indemnifying party, its employees or agents in performing the duties set forth in this Agreement B No Liability for Other Party's Debts and Obligations Neither party shall be liable for any debts, accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation the other party's obligation to withhold employment and income taxes for itself or any of its employees C Severability This Section 8 shall survive termination, cancellation, or revocation, whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A R S § 12-821 01, in which case this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this Section 8 survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9 Interpretation of Agreement A Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written,are hereby superceded and merged herein B Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. C Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein D Relationship of the Parties Neither party shall be deemed to be an employee or agent of the other party to this Agreement E. Days Days shall mean calendar days F Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable In the event that any provision of the Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision Page 4 674966 1 10 Waiver Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or any subsequent breach of the same or any other term,covenant, or condition contained herein. 11 Notification Any notice, communication, or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals The date of receipt of such notices shall be the date the notice shall be deemed to have been given For the Fort McDowell Yavapai Nation Raphael R. Bear, President Drew Ryce, General Counsel Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation P.O. Box 17779 P.O. Box 17779 Fountain Hills,AZ 85269 Fountain Hills, AZ 85269 For the City of Mesa. Christopher J Brady Mesa City Attorney's Office City Manager Attn City Attorney P O Box 1466 P O Box 1466 Mesa,AZ 85211-1466 Mesa,AZ 85211-1466 12 Assignment and Delegation Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 13 Non-Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding Agreements shall be construed to waive the Sovereign Immunity of the Nation [SIGNATURES ON FOLLOWING PAGE] Page S 674966 1 IN WITNESS WHEREOF, The City of Mesa has caused this Intergovernmental Agreement to be executed by the City Manager, upon resolution of the City Council and attested to by the Clerk of the City, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation's Tribal Council and attested to by its Tribal Secretary This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation ATTEST FORT MCDOWELL YAVAPAI NATION Pansy Thomas, Secretary Raphael R.Bear Fort McDowell Yavapai Nation President,Tribal Council Fort McDowell Yavapai Nation Date ATTEST CITY OF MESA Linda Crocker,Clerk Christopher J Brady,City Manager City of Mesa,Arizona City of Mesa,Arizona Date Page 6 674966 I The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION,and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999 This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation. Drew Ryce,General Counsel Date Fort McDowell Yavapai Nation In accordance with the requirements of A R S § 11-952(D), the undersigned attorney acknowledges that (i)he has reviewed the above Agreement on behalf of the CITY OF MESA and(ii)as to the City of Mesa only, has determined that this Agreement ism proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. Mesa City Attorney Date Page 7 674966 I EXHIBIT A DESIGNATED PROJECTS Entity Purpose Award Contact City of Mesa School District $71,000 00 Jerry Dillehay (Fremont Jr $20,500) City Of Mesa, Grants Coord (Red Mountain H S $15,500 00) 480-644-4202 (Salk Elementary$35,000) Dr Debra Duvall Superintendent Mesa Schools 63 E main St. #101 Mesa AZ 85201 480-472-0000 City of Mesa Public Safety $5000 00 Jerry Dillehay Fire Department City of Mesa Public Benefit $20,000 00 Chris Scarpati Child Crisis Center Child Crisis Center 817 N Country Club Drive Mesa, AZ 85201 480-834-9492 City of Mesa Public Benefit $14,184 00 Jerry Dillehay Mesa Art Center Am. Indian Art Ctr TOTAL $110,184.00 Page 8 674966 I Attachment 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE AK-CHIN INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. THIS APPLICATION IS SUBMITTED BY A. T STILL UNIVERSITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA AS FOLLOWS' Section 1' Arizona's Indian Gaming Compact provides that a Tnbe makes twelve percent (12%) of its net annual State contribution to cities, towns or counties for government services that benefit the general public Private, not-for-profit organizations wishing to access funding to provide public benefits must secure sponsorship from a city, town or county before making application This must be expressed in a resolution passed by the local government sponsor Section 2 A. T Still University wishes to make application for $8,350 in funding from the Ak-Chin Indian Community's 12% Grant Program. Section 3 The City Council supports this grant request for funding and if awarded, will administer it directly to the non-profit agency as a pass-thru grant. Section 4: The City has no duties under or related to this resolution other than to receive the funds and deliver same to A.T. Still University; the determination as to the amount of funding is solely at the discretion of the Ak-Chin Community. All parties agree there are no third-party beneficiaries to this document. Section 5: If awarded funding, A.T. Still University will provide to the City of Mesa copies of all reports and documents related to the project funded by the Ak-Chin Community PASSED AND ADOPTED by the City Council of the City of Mesa, Mancopa County, Arizona this 17th day of May, 2010 APPROVED Mayor ATTEST City Clerk