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HomeMy WebLinkAbout2013 07.16 City Council Regular Agenda ?�� ► City of Apache Junction, Arizona Meeting location 14 YY City Council Chambers at City Hall Agenda 300E Superstition Blvd g Apache Junction,AZ '�ti}:�•` 85119 City Council Meeting www alaty net Ph (480)982-8002 Tuesday,July 16,2013 7:00 PM City Council Chambers 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 may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public heanng 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 pnor to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. 13-161 Acceptance of agenda Consideration and action 2. 13-171 Approval of minutes of special meeting of July 1, 2013 Consideration and action. 3. 13-162 Approval of minutes of regular meeting of July 2, 2013 Consideration and action. 4. 13-152 Consideration of Resolution No 13-29, authorizing the mayor to execute Amendment No 1 to the East Valley Gang and Criminal Information Center Intergovernmental Agreement and authorizing the chief of police to execute the Memorandum of Understanding regarding access to Mesa Police Department's Law Enforcement Coplink Information Sharing System Consideration and action 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 5. 13-172 Presentation on the Lost Dutchman Monument Recognition Proclamation On July 2, 2013, the city council requested a proclamation in support of the preservation of the Lost Dutchman Monument Presentation City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 City Council Meeting Agenda July 16,2013 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 may 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 except for clarification inquiries 6 13-156 City manager's report Presentation and discussion 7 13-173 Legislative Update Presentation and discussion 8 13-167 Presentation by and discussion with Lori Hlavin, board member of the Apache Junction Food Bank, and representatives of the food bank concerning the Apache Junction Food Bank Presentation and discussion. H. PUBLIC HEARINGS Public heanngs 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 appeanng before the council 9 13-174 Application for a new license, corporation, series 10 liquor license for the 99 Cents Only Store#219 located at 3003 W Apache Trail The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action. 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 10. 13-166 Consideration of approval of Resolution No 13-30 expressing support for the Southeast Arizona Land Exchange and Conservation Act, urging the United States Senate and House of Representatives to promptly enact the bill and recognizing Resolution Copper Company for its investments and efforts to develop a new copper mine and enhance the local, state, and regional economies Consideration and action 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 City of Apache Junction,Arizona Page 2 Printed on 7/8/2013 City Council Meeting Agenda July 16,2013 11. 13-163 Appointment to fill vacancy on Health and Human Service Commission Interviews were held at the work session of July 15, 2013 This item gives the council the opportunity to appoint someone to fill the vacant position should they choose to do so at this time The appointment will expire on October 31, 2014 Consideration and appointment. 12. 13-164 Appointment to fill a vacancy on the Planning and Zoning Commission Interviews were conducted at the July 15 city council work session This appointment will expire on October 31, 2014 Consideration and appointment 13. 13-175 Appointment to fill a board member vacancy on the City of Apache Junction Municipal Property Corporation Interviews were conducted at the July 15, 2013 city council work session The appointment will expire on October 31, 2013 Consideration and appointment. K COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 14. 13-157 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday,August 5, 2013 15. 13-158 Executive Session at 5 45 P M for Tuesday, August 6, 2013 Other meetings if necessary M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a wntten"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they •� should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays If any person with a disability needs any type of accommodation, please notify Human Resources at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time City of Apache Junction,Arizona Page 3 Printed on 7/8/2013 ON omk CITY COUNCIL SPECIAL MEETING JULY 1, 2013 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on July 1, 2013, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. ROLL CALL Councilmembers Present. Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present. City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Deputy Chief Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell ONFinance Director Donna Meinerts Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present: City Magistrate James Hazel DISCUSSION ON TENTATIVE BUDGET FOR FISCAL YEAR 2013-2014 Assistant City Manager Bryant Powell briefed the council on the item SPECIAL MEETING OF THE CITY COUNCIL JULY 1, 2013 PAGE 1 OF 6 es em Vice Mayor Barker commented she felt they had been well-educated by staff on multiple occasions and she thanked them for helping the council get through all of this and see all the points they were making. PUBLIC HEARING• TENTATIVE BUDGET FOR FISCAL YEAR 2013-2014 Mayor Insalaco opened the OmN public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for any council discussion. There being no discussion, he moved on to the next item. RESOLUTION NO. 13-27, ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2013-2014 AND GIVING NOTICE OF FINAL BUDGET ADOPTION Mayor Insalaco called for a motion. Vice Mayor Barker asked if the changes had been incorporated into the motion. Finance Director Donna Meinerts stated they have been. Vice Mayor Barker commented they do not have to be noted at the changes area Finance Director Donna Meinerts stated that is correct. City Clerk Kathleen Connelly stated if the changes are on the schedules the clerk' s office has received, the answer is yes. Vice Mayor Barker MOVED THAT RESOLUTION NO 13-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE ADOPTION OF THE TENTATIVE BUDGET FOR THE CITY OF APACHE JUNCTION, ARIZONA, FOR FISCAL YEAR 2013-2014, HEREWITH SETTING FORTH THE TENTATIVE ESTIMATES FOR THE MONIES NECESSARY FOR THE PUBLIC EXPENSES OF SPECIAL MEETING OF THE CITY COUNCIL JULY 1, 2013 PAGE 2 OF 6 THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE FISCAL YEAR 2013- 2014 AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING TAXPAYERS FOR THE ADOPTION OF THE FINAL BUDGET, AND DECLARING AN EMERGENCY, BE APPROVED. I FURTHER MOVE THAT WE APPROVE TEMPORARY PERSONAL LEAVE FOR ELIGIBLE CITY EMPLOYEES FOR FISCAL YEAR 2013-2014 SUBJECT TO THE FOLLOWING TERMS• 1 ADDING FOUR HOURS OF TEMPORARY PERSONAL LEAVE FOR ELIGIBLE CITY EMPLOYEES WORKING A 4-10 SCHEDULE, TWO HOURS OF WHICH WILL BE USED TO SUPPLEMENT THE CITY EMPLOYEES' BIRTHDAY LEAVE AND TWO HOURS OF WHICH SHALL BE USED TO SUPPLEMENT VETERANS' DAY HOLIDAY ON NOVEMBER 11, 2013 . 2 . ADDING FOUR HOURS OF TEMPORARY PERSONAL LEAVE FOR ELIGIBLE CITY EMPLOYEES WORKING A 5-8 SCHEDULE, FOUR HOURS OF WHICH SHALL BE USED DURING FISCAL YEAR 2013- 2014 3. ADDING TWO HOURS OF TEMPORARY PERSONAL LEAVE FOR ELIGIBLE PART TIME CITY EMPLOYEES, TWO HOURS OF WHICH SHALL BE USED DURING FISCAL YEAR 2013-2014 . ELIGIBLE PART TIME CITY EMPLOYEES ARE THOSE CITY EMPLOYEES WHO REGULARLY WORK BETWEEN 24 AND 31 HOURS PER WEEK. 4 . ELIGIBLE CITY EMPLOYEES WHOSE BIRTHDAY FALLS IN THE MONTH OF JULY 2013 OR AUGUST 2013 AND/OR ELIGIBLE CITY EMPLOYEES WHO REQUEST AND USE BIRTHDAY LEAVE DURING THE MONTH OF JULY 2013 OR AUGUST 2013 SHALL BE REQUIRED TO SUPPLEMENT THEIR BIRTHDAY LEAVE WITH EARNED VACATION LEAVE OR EARNED COMPENSATORY LEAVE. SUCH CITY EMPLOYEES WILL HAVE AVAILABLE TWO HOURS OF THIS TEMPORARY PERSONAL LEAVE FOR USE AT A LATER DATE DURING FISCAL YEAR 2013- 2014 SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS MOTION 5 THIS TEMPORARY PERSONAL LEAVE WILL BE PLACED IN A SEPARATE BILLING ACCOUNT APART FROM VACATION AND SICK LEAVE; IT WILL BE CONSIDERED STRAIGHT TIME AND WILL NOT BE USED IN THE CALCULATION OF OVERTIME OR CAUSE AN EMPLOYEE TO BE PAID FOR OVER FORTY HOURS IN THE WORK WEEK, IT WILL ONLY BE AVAILABLE FOR USE BEGINNING AUGUST 11, 2013 AND UP TO AND INCLUDING JUNE 30, 2014; THERE WILL BE NO CARRYOVER OF THIS LEAVE BEYOND JUNE 30, 2014, SPECIAL MEETING OF THE CITY COUNCIL JULY 1, 2013 PAGE 3 OF 6 emS PRIOR TO TAKING THIS LEAVE AN EMPLOYEE SHALL OBTAIN APPROVAL FROM HIS/HER DEPARTMENT DIRECTOR. 6. THIS TEMPORARY PERSONAL LEAVE SHALL BE EXTENDED TO ONLY THOSE CITY EMPLOYEES WHO ARE AN EMPLOYEE OF RECORD ON OR BEFORE JULY 1, 2013. 7 . THIS TEMPORARY PERSONAL LEAVE SHALL NOT BE INCLUDED IN ANY PAYOUT PROVISIONS. oms I FURTHER MOVE THAT THE CITY MANAGER IS AUTHORIZED TO MAKE FINAL ADMINISTRATIVE ADJUSTMENTS TO THESE TERMS Councilmember Wilson SECONDED THE MOTION City Clerk Kathleen Connelly asked if there should be a correction to number 6. She asked if it should say "on or after July 1, 2013" instead of "on or before July 1, 2013" Vice Mayor Barker commented people prior to today are the only people to which this refers. City Clerk Kathleen Connelly stated this would not be eligible for new employees. Vice Mayor Barker commented if someone is hired tomorrow they are not eligible for this specific thing. Mayor Insalaco called for the roll call vote. VOTE* Unanimous. The motion carried. RESOLUTION NO 13-26, DECLARING AS A PUBLIC RECORD AND ADOPTING THOSE CERTAIN DOCUMENTS ENTITLED "CLASSIFICATION PLAN FOR FISCAL YEAR 2013-2014" AND "COMPENSATION PLAN FOR FISCAL YEAR 2013-2014" SPECIAL MEETING OF THE CITY COUNCIL JULY 1, 2013 PAGE 4 OF 6 Assistant City Manager Bryant Powell briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 13-26, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2013- 2014" AND "THE COMPENSATION PLAN FOR FISCAL YEAR 2013-2014"; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous The motion carried. ADJOURNMENT Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THIS MEETING BE ADJOURNED AT 7. 10 Mayor Insalaco asked if they needed a roll call vote on that City Clerk Kathleen Connelly stated only if they want to Mayor Insalaco commented they do not want to and adjourned the meeting. ACCEPTED THIS 16TH DAY OF JULY, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF JULY, 2013 . SPECIAL MEETING OF THE CITY COUNCIL JULY 1, 2013 PAGE 5 OF 6 JOHN S. INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk it CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 1st day of July, 2013. I further certify that the meeting was duly called and held and that a quorum was present . Dated this 2nd day of July, 2013 . KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL JULY 1, 2013 PAGE 6 OF 6 ... .. CITY COUNCIL REGULAR MEETING JULY 2, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 2 , 2013 , at the Apache Junction City Council Chambers pursuant to the notice required by law. 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 Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present . Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director/Deputy Chief Tom Kelly Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present . Community Relations Manager Pat Brenner REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 1 OF 20 ACCEPTANCE OF CONSENT AGENDA _) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED EXCEPT THAT ITEM NUMBER THREE, THE CONTRACT RENEWAL BETWEEN THE CITY OF APACHE JUNCTION AND THE GREATER PHOENIX ECONOMIC COUNCIL BE REMOVED FROM THE CONSENT AGENDA AND PLACED TO FOLLOW ITEM NUMBER 10 , THAT WE ACKNOWLEDGE RECEIPT OF THE ANNUAL REPORT OF THE APACHE .� JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FISCAL YEAR 2012- 2013 , AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER; AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND THAT THE CITY ATTORNEY EMPLOYMENT AGREEMENT DATED FEBRUARY 19, 2013 , BE RATIFIED. Councilmember Waldron SECONDED THE MOTION. Councilmember Serdy asked for a clarification that Item Number 10 would be discussed separately Vice Mayor Barker commented it opens it for more discussion before the vote City Clerk Kathleen Connelly stated Item Number 3 would be discussed separately. Councilmember Serdy asked if that would be after Item Number 10 . City Clerk Kathleen Connelly stated that is correct VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 2 OF 20 None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Evans commented she was at WalMart earlier today making some purchases As she arrived home, there was a truck outside her home and the driver handed over her wallet that she had lost , still containing all her cash, credit cards and .•. driver' s license . She wanted to share that as proof of the wonderful citizens in Apache Junction Councilmember Serdy reminded everyone of the Fourth of July festivities at the high school and all over town Mayor Insalaco thanked Republic Services for sponsoring the fireworks again He gave a partial list of the activities for the celebration and wished everyone a safe Fourth of July CITY MANAGER' S REPORT City Manager George Hoffman thanked the council for renewing the city attorney and his agreements and commented others would be making presentations . Assistant to the City Manager Matt Busby gave a brief legislative update on Senate Bill 1454 . Changes now allow lengthening of terms of office for elected city officials and clarification of issues for the alternative expenditure limitation He commented there is a referendum out there that may affect the city. The city clerk may want to talk about it . — City Clerk Kathleen Connelly stated there is a group organizing to do a referendum on this senate bill They will need roughly 87, 000 valid signatures by September 12 . Should they be successful, this bill will be put on hold until the general election in November 2013 . She is not sure of the implications for the cities that are betwixt and between the alternative expenditure limitations . Assistant to the City Manager Matt Busby stated the second provision of the bill they are watching closely is the provision for cities to be prohibited from requiring homeowners associations as part of the subdivision process . The city was REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 3 OF 20 opposed to this The current zoning ordinance allows the option; the current zoning ordinance will conform to this . Vice Mayor Barker asked if the common areas or community-owned property includes streets . Assistant to the City Manager Matt Busby stated the bill does not define any of those terms He would think if they are private roads within the development they would be considered ._ property However, he is not a lawyer City Attorney Joel Stern stated if it is a private development with private streets, it would probably be common area It would be defined under the deed restrictions . Under this bill , it is not . Vice Mayor Barker commented that could create problems Chief Executive Officer Julie Nunley of Banner Goldfield Medical Center gave an overview of the recent facility enhancements and services available, including clinics with primary care providers, the closure of Banner Goldfield for thirty days to train personnel on new processes, turning the hospital from cardiovascular to a community hospital with general acute care focus, retaining their surgery suites for general surgery and later orthopedic and gynecological surgeries with other specialties being added as needed, full service laboratory, imaging, physical therapy and an emergency department They are now a cardiac referral center Councilmember Waldron asked where they fly out of Chief Executive Officer Julie Nunley stated they use the helicopter pad next to the hospital . She continued with her overview. They will continue to pursue a level 4 trauma rating which is the lowest level of trauma treatment Mayor Insalaco commented he scared his wife Tuesday and she took him to Banner Goldfield The person who signed him in did not recognize him and he was surprised at the quality of care . The doctor who came in recognized him. They ended up transferring him to the heart hospital but it was just gas from his colonoscopy that he had Monday. It was a good experience . REGULAR MEETING OF THE CITY COUNCIL JULY 2, 2013 PAGE 4 OF 20 Chief Executive Officer July Nunley stated they use a specific model of care which also reduces costs . They keep as many people in the community where they live . They have had over 400 patients in the emergency room during the summer season which is much higher than they anticipated They are awaiting their joint commission accreditation which has to be in place for Medicare to reimburse them. They have passed all the tests with no recommendations . Because of the number of patients in the emergency department thus far they are already planning on expanding that department . They are landlocked on that site so they are looking at surrounding property to the hospital . They will try to have that ready for the winter season Councilmember Waldron commented he would encourage anyone to go visit the remarkable facility. It is state of the art . The operating rooms are phenomenal Chief Executive Officer Julie Nunley stated the councilmembers were given a special tour that the public cannot partake of However they will give the public tours of certain areas they will be allowed to see . Chief Executive Officer Roc Arnett of the East Valley Partnership gave a presentation on the East Valley Rising project, including a video presentation. He advised they are changing the logo name to Phoenix East Valley to capture the well known name of Phoenix. Mayor Insalaco asked which tag line took the most votes at the dinner. Chief Executive Officer Roc Arnett stated it was Phoenix East Valley, where Arizona creates for the world He continued with his presentation. Councilmember Serdy asked if the logo colors will stay black and orange Chief Executive Officer Roc Arnett stated their designers tell them the black is to emphasize Phoenix and the orange represents the sun and sunshine They may have some tweaking to do with that . REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 5 OF 20 p CONSENT AGENDA (continued item) GREATER PHOENIX ECONOMIC COUNCIL CONTRACT FOR ECONOMIC DEVELOPMENT SERVICES AND REAPPOINTMENT OF COUNCILMEMBER SERDY TO SERVE ON THE GREATER PHOENIX ECONOMIC COUNCIL BOARD OF DIRECTORS Vice Mayor Barker commented she pulled it off the Consent Agenda as she had a feeling there were still more questions and because she felt , for some reason or another, the city was being seen as some of the site selectors on Mr Arnett' s graph were seeing the East Valley, as really not here or just a bunch of retirees or whatever. We are not opposed to regionalism. We are a part of the East Valley Partnership, Central Arizona Governments, Maricopa Association of Governments and the League of Cities and Towns We spend $60, 000 annually on those three organizations and from that we have received millions of dollars in funding for roads and other infrastructure . She does not know how they could calculate the cost of the lobbying that has been done by Arizona League of Cities and Towns for our benefit as well as the benefit of the region She does not have a problem with belonging to an organization that is going to perpetuate the region and help to contribute to the region and to our ability to contribute to the region She does have a problem when all she has seen from this particular organization has been very generic information that goes to every city. They Just change the picture and send in another city' s picture and put their name on it and change the statistics on the stationary chart She has a problem with that and that is why she brought it back. Councilmember Waldron commented one of the concerns he has is for the money that is spent, particularly in economic development, there has to be some kind of return His concern is the formulas that are provided show us getting five dollars for every one dollar are not unique to us . Vice Mayor Barker commented it is eight dollars REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 6 OF 20 A. A. Councilmember Waldron commented it is a formula put together by an outfit called In Plan that is not real true dollars to Apache Junction. Regionalism is a great concept but he thinks if they are going to move forward with Greater Phoenix Economic Council or anyone else they will need reports that come along, benchmarks, to see what benefit the city is receiving for the money that is spent . His concern is there is nothing specific to the city that shows A. a return for that money. Not everything in government spending has a return but in these situations there should be some type of benchmarking where they can see it . Vice Mayor Barker commented it should be specifically to Apache Junction and not be generic She agrees and that was one of her concerns It is not so much being able to say this thing came from this organization but to be able to explain to the people who hold the council accountable why they are spending the money and what they are getting for that . She wants to be able to say this is what this organization is doing for the city, has done for the city and will continue to do for the city. Right now it is a little bit difficult to see that . Councilmember Serdy commented we are still in a recession that we are coming out of . There has not been a lot going on lately. They have a skeleton crew on the city' s economic development team With what they are paying here, it is less than a third of what one employee would be in that department . Greater Phoenix Economic Council would be doing part of the economic development team' s work The Portalis project came and went . It is in limbo . There are 10 A. square miles of some of the most prime real estate in the whole valley. Greater Phoenix Economic Council has just received instructions to start working that for the city. If anything is going to happen, he does not think it is going to happen as it has in the last 15 years which has been building houses and hoping something else comes . They have influence with the State Land Department . He is hoping, and they have promised him, they are going to start working that property for us . They have more knowhow than our skeleton crew does . With the presentation we just saw from East Valley Rising, he feels they would be taking a step backward if they step away from this now. He would like to give it a little more time The one thing Dave discovered REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 7 OF 20 last night is we are paying a little bit higher rate than the people in Maricopa County. After this vote this year, unless they remedy that he will have a hard time voting for it again after this . He would hope they would put us on the same playing field as everyone else . He thinks if they could shift that property down south into more development and industrial rather than hope that homebuilders come and build us a bunch of houses is the way to go. He thinks they need to stay with them for another year. Vice Mayor Barker commented she agreed with him She is not z:rying to pull out of this . She thinks they want somebody from that organization to be talking to us as a group Mayor Insalaco commented they need to let us know what is going on Vice Mayor Barker commented we see them once a year when they want our money. That is it . That is all we see of them She feels not only are we paying more than Maricopa County, we are kind of the red-headed stepchildren here It bothers her because we do have land down there that has potential . We need sources from the state part of it and all the help we can get . When all we see is a person coming and saying, hey we are great and they need our money, and then says bye because this is regionalistic . She agreed she would like to give them one more year but she would certainly like to see a different attitude in this year. Councilmember Waldron commented that is what he was going to tell them He would like to see quarterly reports on what the direct impact is on Apache Junction. Councilmember Serdy commented he does forward the newsletters that are given out but understands they would like a report directly to Apache Junction instead of it being lumped in with all of them. Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 8 OF 20 Vice Mayor Barker MOVED THAT THE CONTRACT RENEWAL BETWEEN THE CITY OF APACHE JUNCTION AND THE GREATER PHOENIX ECONOMIC COUNCIL (GPEC) FOR ECONOMIC DEVELOPMENT SERVICES IN AN AMOUNT NOT TO EXCEED $21 , 186 . 00 BE APPROVED, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND THAT COUNCILMEMBER SERDY BE REAPPOINTED AS THE CITY' S REPRESENTATIVE TO THE GPEC BOARD, AND THAT WE GET REPORTS ON SOME KIND OF Aft. REGULAR BASIS FROM THE PEOPLE AT GPEC THAT HAVE SOMETHING TO DO WITH US AND HOW OUR INVOLVEMENT IS BEING UTILIZED AND SO FORTH Councilmember Wilson SECONDED THE MOTION. VOTE - Unanimous . The motion carried Councilmember Serdy commented before they move on, he sees that Angela Talbot is in the audience . He requested she go to the city' s website and have Barry and the staff watch this meeting to see what was discussed PUBLIC HEARINGS RESOLUTION NO. 13-23 , DECLARING THE "CITY OF APACHE JUNCTION PERSONNEL RULES 2013" A PUBLIC RECORD Human Resources Director Liz Riley briefed the council on the item 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 further discussion, he called for a motion Councilmember Waldron MOVED RESOLUTION NO 13-23 , A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CITY OF APACHE JUNCTION PERSONNEL RULES 2013" ; REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 9 OF 20 REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ORDINANCE NO 1390 , ADOPTING BY REFERENCE THE "CITY OF APACHE JUNCTION PERSONNEL RULES 2013" Human Resources Director Liz Riley briefed the council on the item. 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 further discussion, he called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1390 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . ram► The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1390 , AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 10 OF 20 VOTE. Unanimous . The motion carried ORDINANCE NO. 1392 , AMENDING THE CITY CODE, CHAPTER 3 ADMINISTRATION, ARTICLE 3-6 DEPARTMENT OF PUBLIC SAFETY, BY MODIFYING SECTION 3-6-3 , SUBSECTION (B) , APPOINTMENT AND DISMISSAL City Manager George Hoffman briefed the council on the item 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 further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1392 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION VOTE. Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause . Councilmember Waldron MOVED THAT ORDINANCE NO 1392, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Barker SECONDED THE MOTION. VOTE• Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 11 OF 20 ORDINANCE NO 1391 , AMENDING THE CITY CODE, CHAPTER 8 BUSINESS, ARTICLE 8-8 LICENSING REQUIREMENTS FOR SPECIAL, COMMUNITY AND PRIVATE EVENTS BY MODIFYING SECTION 8-8-1 DEFINITIONS _) Community Relations Manager Pat Brenner briefed the council on the item. 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. Councilmember Wilson commented he thinks anything they can do to assist our local citizens and businesses to remove the barrier that appears to have been there for quite some time of the city trying to stop some of these activities should be done He knows it was not really the ongoing intent but a lot of people felt there was a barrier there; that the city was an obstruction He thinks they should do anything they can to try to remove that barrier. This is a huge step forward making it easier and more comfortable for someone that has never dealt with it . Vice Mayor Barker commented she thinks this is a good beginning. There is still a lot of work yet to be done . They will find those problems as they move forward and they need to be ready to address them. They cannot re-committee and start all over again. They need to address these as they come up as it is very important for businesses for their own sake as well as for the community The community enjoys these things so we want to encourage them to have them, not discourage them. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Wilson MOVED THAT ORDINANCE NO. 1391 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE ENTIRE READING OF THE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JULY 2, 2013 PAGE 12 OF 20 Amik Vice Mayor Barker SECONDED THE MOTION. VOTE : Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause . Councilmember Wilson MOVED THAT ORDINANCE NO 1391 , AS READ BY THE CITY CLERK, BE APPROVED. Vice Mayor Barker SECONDED THE MOTION VOTE : Unanimous The motion carried. OLD BUSINESS None . NEW BUSINESS None DIRECTION TO STAFF PREPARATION OF A RESOLUTION OF - SUPPORT FOR THE RESOLUTION COPPER PROJECT Assistant to the City Manager Matt Busby briefed the council on the item. Vice Mayor Barker commented she could only pull down two of the resolutions that were in the packet . The third one would not come down There is a difference in the fifth whereas . She looked at Winkleman and Miami . He had said there were 3 according to the information in the computer Miami and Winkleman were identical except for the fifth whereas . Winkleman said they understand the potential REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 13 OF 20 positive and negative cultural and financial impacts associated with and so on. Miami said whereas they understand the positive cultural and financial impacts they exclude the negative . She wondered why. Assistant to the City Manager Matt Busby stated he did not know why. He thinks they each drafted their resolution in the way their councils felt comfortable . In the Miami resolution they understand the positive financial while recognizing there may be negative cultural and financial . There are little nuances to differentiate them. They are very similar. If they direct staff to do so, they will formulate a draft similar but probably with our own nuances as well . Vice Mayor Barker commented she is also concerned about number two She is a little uncomfortable with the whole notion She is uncomfortable from an environmental point of view because the environmental study was not done prior to the beginning of the feasibility study. That bothers her but not enough to stand up and scream and shout She would like to see the environmental study done before they resolve to back an entire 40 , 000 to 60 , 000 years from this point on She would like the city' s nuanced in a way to show we are well aware the environmental study has not been done It would help her out a lot . This does offer jobs but those jobs are primarily technical jobs . They are not jobs the regular Joe off the street who has done nothing but dig ditches for the last 10 years would be able to get right away There are indirect jobs for contractors . If you read through all the website material and all the material she gleaned off a variety ofplaces, some of which is '"`� probably not true and some of which was really negative, there has to be a way to acknowledge the fact this is a project that has the potential to employ many people. It is a project that has the potential to indirectly serve the cities of Superior, Globe, Miami and all the way around the area with new businesses that will cater to those folks who work in this area and those contractors that have to come in from wherever to work in this area . That is a given and it is 100% true But it is a mine She asked if there is something they can do with that . REGULAR MEETING OF THE CITY COUNCIL JULY 2, 2013 PAGE 14 OF 20 Assistant to the City Manager Matt Busby commented luckily they have this recorded and he can go back over and review this City Manager George Hoffman stated perhaps if they were to support it, they could affirm the environmental analysis would be done before the project goes commercial , which he thinks is what they were saying in the ,Auk first place Vice Mayor Barker commented they understand that . According to them, they will have their project operational plan that has to go in, and from what she read that is when the Environmental Protection Agency will then do theirs . They want to do this together She understands why because otherwise it would stretch it out another 5 to 10 years if they did not conjoin these efforts at the same time . She would not want to put a halt to that possibility. City Manager George Hoffman stated he is trying to mirror back to her so that when they try to do the draftsmanship they are reflecting her interests . Her interests are to be supportive of the project with the understanding that a full and complete environmental analysis will be done Vice Mayor Barker commented absolutely. Councilmember Wilson commented one of the things they do need to realize is there are negative impacts . Vice Mayor Barker commented there are . There will be a 500 ' hole . Councilmember Wilson commented they said the 600 ' is actually the cave . Vice Mayor Barker commented that is underneath. REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 15 OF 20 Councilmember Wilson commented it is all going to sink down. There are some negative impacts that will happen. Vice Mayor Barker commented talk about a sink hole Councilmember Wilson commented they need to recognize that and as we progress in time they need to find ways to eliminate some of the environmental impact . Councilmember Serdy asked if he wanted that put in the resolution Vice Mayor Barker commented she thinks they need to recognize that . Councilmember Serdy commented he would like to put in the resolution that we do away with the Environmental Protection Agency. Vice Mayor Barker commented to Councilmember Serdy that would be good; then they could not breathe Councilmember Serdy commented the Earth has had atmosphere for a long time and it always will Vice Mayor Barker commented they can fight that battle somewhere else Councilmember Waldron commented he would like the resolution to reference the March 20 letter that the mayor wrote to show their support . Mayor Insalaco commented that would be the one he wrote to Congress . Councilmember Waldron commented he would like to see that referenced in the resolution. REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 16 OF 20 A. A. Mayor Insalaco closed the discussion with no further comments and called for a motion Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PREPARATION OF A RESOLUTION OF SUPPORT FOR THE RESOLUTION COPPER PROJECT FOR COUNCIL' S CONSIDERATION: THAT INCLUDES REFERENCES TO AFFIRMING THE ENVIRONMENTAL PROTECTION AGENCY STUDY THAT WILL BE DONE AND — RECOGNIZING THE FACT THAT WE REALIZE THERE ARE POTENTIAL HAZARDS INVOLVED AND THAT THE COMPANY WILL, OF COURSE, WE RECOGNIZE THE FACT THAT THE COMPANY WILL MAKE EVERY EFFORT TO TAKE ON THE NEW TECHNOLOGY THAT COMES IN THE FUTURE TO PERHAPS FIX THAT, OR SOMETHING IN MUCH, MUCH BETTER TERMINOLOGY BECAUSE YOU ARE A FAR BETTER WORDSMITH THAN I WHEN IT COMES TO THAT; AND THE MAYOR' S LETTER OF HIS SUPPORT Councilmember Waldron SECONDED THE MOTION VOTE - Unanimous . The motion carried. LOST DUTCHMAN MONUMENT ) Assistant City Manager Bryant Powell briefed the council on the item City Attorney Joel Stern stated Councilmember Serdy had mentioned he wanted to display the AJ symbol perhaps and make it in conjunction with the signage . Councilmember Serdy commented it was not with this one It would be the street signage that has the outline of the Superstitions The Dons are also going to be doing signage directing them to our downtown starting at Idaho. They are confused about what we want them to do They want to know if we want a plain, rectangular sign and what the design concept is . They will pay for this and staff will help them install it . Central Arizona College has volunteered a spot of land to put one on Idaho since the state will not give it to us The Dons want some help in coming up with a design. Since we already have a sign that Matt designed with the silhouette of REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 17 OF 20 the Superstitions, they could cut it out and then say historical Dons Lost Dutchman Monument ahead. He thinks that is what they are looking for Vice Mayor Barker commented the motion in the book is basically what Bryant said, to allocate staff time to research the city' s possible role in partnering the Dons on preserving and enhancing the Lost Dutchman Monument and that included signage Assistant City Manager Bryant Powell stated that will include signage, landscaping, and the costs for who will clean it and maintain it They need to start talking about those There is also a resolution or proclamation. Vice Mayor Barker commented those need to come first before a design is actually given to someone to be put in the ground. Assistant City Manager Bryant Powell stated that is correct . Councilmember Serdy commented the Dons are looking for direction as well as staff They want to know how to work with us. They are being very amenable . Assistant City Manager Bryant Powell stated the direction tonight will start the formal process Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE LOST DUTCHMAN MONUMENT: THAT THE APPROPRIATE CITY STAFF ALLOCATE TIME TO FURTHER RESEARCH THE CITY' S POSSIBLE ROLE IN PARTNERING WITH THE DONS ON PRESERVING AND ENHANCING THE LOST DUTCHMAN MONUMENT AND/OR DRAFT A PROCLAMATION THAT DEMONSTRATES THE CITY' S SUPPORT OF THIS MONUMENT REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 18 OF 20 Vice Mayor Barker SECONDED THE MOTION VOTE: Unanimous The motion carried. SELECTION OF MEETING DATES, TIMES , LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 45 P M AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JULY 15, 2013 , 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, JULY 16, 2013 , IN THE CITY COUNCIL CONFERENCE ROOM Councilmember Wilson SECONDED THE MOTION. VOTE : Unanimous . The motion carried CALL TO THE PUBLIC: Mr. Thomas Aulik, 2292 N Ironwood #11 , Apache Junction, addressed the council regarding the landfill ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 . 33 p m Consent Agenda Items are as follows . 1 . Acceptance of Agenda 2 . Approval of Minutes of Regular Meeting of June 18, 2013 . 3 Consideration of approval of the Greater Phoenix Economic Council (GPEC) contract for economic development services in the amount of $21 , 186 00, and reappointment of Councilmember Serdy to serve on the GPEC Board of Directors . REGULAR MEETING OF THE CITY COUNCIL JULY 2 , 2013 PAGE 19 OF 20 4 . Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2012-2013 fiscal year 5 . Consideration of approval of an employment agreement with the city manager 6 . Consideration of approval of ratification of city attorney .� employment agreement . ACCEPTED THIS 16TH DAY OF JULY, 2013 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 16TH DAY OF JULY, 2013 . JOHN S INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 2nd day of July, 2013 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 9th day of June, 2013 . KATHLEEN CONNELLY dior City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 2, 2013 PAGE 20 OF 20 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 4 -File ID: 13-152 Sponsor:Thomas Kelly Agenda Date•7/16/2013 Index In Control City Council Meeting p Consideration of Resolution No 13-29, authorizing the mayor to execute Amendment No 1 to the East Valley Gang and Criminal Information Center Intergovernmental Agreement and authorizing the chief of police to execute the Memorandum of Understanding regarding access to Mesa Police Department's Law Enforcement Coplink Information Sharing System Consideration and action. Attachments. Resolution No 13-29 IGA for Fusion Center, East Valley Gang and Criminal Information Fusion Cen City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 Jimak RESOLUTION NO. 13-29 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 FOR PARTICIPATION IN THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER. Amu..WHERAS, the East Valley Gang and Criminal Information law enforcement information sharing program (the "Fusion Center" ) was created to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents through the cooperative efforts of participating entities, and WHEREAS, in 2009, through an Intergovernmental Agreement ( "IGA" ) , the Fusion Center was created with the following local police agencies Mesa, Tempe, Gilbert, Chandler and Scottsdale (the "participating agencies" ) ; and WHEREAS, since 2009, as per the IGA, each participating agency dedicated a law enforcement officer or a non-sworn employee to the Fusion Center team on a full-time basis for a minimum period of one year; and WHEREAS, in 2009, the City of Apache Junction Police Department was invited to join the Fusion Center and did so by providing staff resources but did not join in the IGA, and WHEREAS, it is the intention of the City of Apache Junction Police Department to now finalize its legal relationship with the Fusion Center by entering into an Intergovernmental Agreement with the participating agencies, and WHEREAS, pursuant to A R S § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, a proposed amendment to the 2009 IGA set forth in Attachment A has been developed to allow the City of Apache Junction to formally join the Fusion Center RESOLUTION NO. 13-29 PAGE 1 OF 2 WHEREAS, to fully implement the City of Apache Junction' s authority in the Fusion center, the Coplink Information Sharing System Memorandum of Understanding set forth in Attachment B needs to be executed by the police chief NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS• Ask 1) The Council hereby approves, and the Mayor is authorized to execute Amendment #1 to the East Valley Gang and Criminal Information Center Intergovernmental Agreement ( "Attachment A" ) , and the Police Chief is authorized to execute the Memorandum of Understanding regarding access to Mesa Police Department' s Law Enforcement Coplink Information Sharing System ( "Attachment B" ) 2) The Chief of Police is also authorized to participate in and designate staff to fulfill all the duties of the Fusion Center. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S . INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney RESOLUTION NO 13-29 PAGE 2 OF 2 ATTACHMENT A AMENDMENT#1 TO THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER INTERGOVERNMENTAL AGREEMENT RECITALS WHEREAS, the Members Agencies ("Parties") of the East Valley Gang and -^ Criminal Information Fusion Center ("Fusion Center") wish to amend the Fusion Center Intergovernmental Agreement ("Agreement"), and WHEREAS, the Parties are authorized and empowered to enter into this Amendment pursuant to A R S §§11-951 et seq., A.R S §13-3872 and the respective provisions of their City Charters, Tribal Constitutions or other governing authority, NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement and other good and valuable consideration, the Parties agree as follows. TERMS 1 This Amendment shall be effective upon approval of the governing body or authority of the Parties in conformance with A R S §§11-951 et seq and provision of an original copy of each of the authorizing documents to the Mesa Police Department ("MPD") 2 The above recitals are incorporated by this reference 3 All the original terms and clauses of the Agreement remain in effect except as modified herein 4 The following sections or provisions replace and supersede the following sections or provisions of the Agreement as follows 4 1 The introductory paragraph that begins with the words "This Agreement is entered" and ends with the words "not filed with the Secretary of State" and Section I I , Authority, are replaced in their entirety by the following II. Parties, Manner of Execution and Authority (A) This Agreement is entered into among the City of Mesa, on behalf of the Mesa Police Department ("MPD"), other Parties to the Agreement which are those public agencies who became Parties to the Agreement prior to Amendment #1 and any additional public agencies as that term is defined in Arizona Revised Statutes § 11-951, that, after invitation by the MPD, comply with the provisions of A R S §11- 952, and provide an original copy to MPD approved by the agency's governing body or authority for those public agencies Any additional public agencies shall become a Party to this Agreement as of the date, MPD receives the authorizing document (B) This Agreement or any Amendments may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument Neither a signature for every party nor a signature line shall be required in each counterpart except that on a counterpart being brought forward by an agency to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that jurisdiction's practice only by the particular agency seeking approval. (C) The Parties are authorized and empowered to enter into this Agreement pursuant to A.R.S. §§11-951 et seq , A R S §13-3872 and the respective provisions of their City Charters, Tribal Constitutions or other governing authority (D) This Agreement supercedes any previous Agreement concerning the Fusion Center whether filed or not filed with the Secretary of State 4 2 Section III , Participation, is replaced in its entirety with the following III. Participation (A) The Parties agree to assign a law enforcement officer or non-sworn employee to the East Valley Gang and Criminal Information Fusion Center("Fusion Center") on a full-time basis for such assignments within the purposes of this Agreement The officer(s) or non-sworn personnel shall remain on assignment to the Fusion Center for a minimum period of one (1) year unless otherwise agreed to by the Parties (B) During the period of assignment to the Fusion Center, assigned officer(s) and non-sworn personnel shall maintain all benefits, rights and privileges available to said officer(s) or non-sworn personnel as if they were assigned on a fulltime basis to their parent agency The assigned officer(s) or non-sworn personnel will abide by all policies and applicable rules and regulations concerning the Fusion Center All Parties agree that all assigned personnel shall comply with Title 28 of the Code of Federal Regulations, Part 23. (C) Certain Parties to this Agreement may join as associate members upon approval of the Fusion Center Executive Team An associate member shall participate by providing resources as it deems necessary and appropriate but does not assign an employee on a full-time basis to the Fusion Center 4 3 Section VII , Management of the East Valley Gang Information & Criminal Information Fusion Center, is replaced in its entirety with the following. VII Management of the East Valley Gang Information And Criminal Information Fusion Center (A) The management of the day-to-day operation of the Fusion Center shall be the responsibility of MPD (B) The promulgation of policy and oversight of the operation of the Fusion Center shall be the responsibility of the Fusion Center Executive Team, the members of which shall be the chief law enforcement officer for each original participating agency, or designee (C) Additional agencies may be invited to join the Fusion Center The Executive Team may invite the chief law enforcement officer of a new participating agency to ... be a member of the Executive Team Chiefs of associate members to this Agreement shall not be eligible to be members of the Executive Team (D) The Executive Team may determine that in order to enhance the mission and effectiveness of the Fusion Center that there be connectivity and sharing of information with other similar regional, state and/or federal Fusion Centers or other law enforcement systems. (E) Once a determination has been made pursuant to Subsection D above, the Parties authorize the MPD Chief or designee to negotiate and enter into any necessary agreements and/or documents to connect to and share information with other similar state and/or federal Fusion Centers or other law enforcement systems with the following conditions 1. That any such agreements contain the necessary safeguards to insure the integrity and security of information maintained at the East Valley Gang Information and Criminal Information Fusion Center 2 That no such agreement require the Parties to indemnify another Fusion Center except that an agreement negotiated by the MPD Chief or designee may include substantially similar indemnification language found under Section IX of this Agreement. 3. That no such agreement shall require the Parties of this Agreement to dedicate any funds in support of that agreement without the prior written approval of the impacted Party 4 That no term of any such agreement be in conflict with any provision of this Agreement 5 That the agreements be solely for the purpose of connecting to and sharing information with other Fusion Centers or law enforcement systems. 4 4 Section XIV , Other Provisions, is hereby modified by deleting the last paragraph of the section which starts with the words "This Agreement shall be" and ends with the words "Chief of Police of the Mesa Police Department " 5. The following sections are added to the Agreement XVI Compliance with the E VERIFY Program (A) To the extent provisions of A.R S §41-4401 are applicable, all Parties warrant to each Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E- Verify Program under A.R S §23-214(A). (B) A breach of this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement (C) All of the Parties retain the legal right to inspect the papers of any employee who works pursuant to this Agreement or any related subcontract to ensure compliance with the warranty given above (D) Any Party may conduct a random verification of the employment records of any other Party to ensure compliance with this warranty. (E) A Party will not be considered in material breach of this Agreement if it establishes that it has complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A R S §23-214(A) (F) The provisions of this Article must be included in any contract either Party enters into with any and all of its contractors or subcontractors who provide services under this Agreement XVII Prohibition of Doing Business with Sudan and Iran 27 Pursuant to A R S §§ 35-391 06 and 35-393 06, each Party certifies that it .•. does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391 and 35-393, in either Sudan or Iran 6. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Neither a signature for every party nor a signature line shall be required in each counterpart except that on a counterpart being brought forward by an agency to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that jurisdiction's practice only by the particular agency seeking approval IN WITNESS WHEREOF, the Party named below has executed this Agreement on CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By- John S Insalaco Its Mayor ATTEST By Kathy Connelly, City Clerk APPROVED AS TO FORM City Attorney Reviewed By- Chief of Police INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A R.S. § 11-952, this Agreement has been reviewed by the undersigned who determined that this Agreement is in appropriate form and is within the powers and authority of the respective parties City of Apache Junction By City Attorney Date- EXHIBIT A INTERGOVERNMENTAL AGREEMENT REGARDING PARTICIPATION IN THE EAST VALLEY GANG & CRIMINAL INFORMATION FUSION CENTER ATTACHMENT B MEMORANDUM OF UNDERSTANDING BETWEEN THE MESA POLICE DEPARTMENT AND THE APACHE JUNCTION POLICE DEPARTMENT REGARDING ACCESS TO THE MESA POLICE DEPARTMENTS LAW ENFORCEMENT COPLINK INFORMATION SHARING SYSTEM The East Valley Gang & Criminal Information Fusion Center, located at the Mesa Police Department (MPD) was created through and an Intergovernmental Agreement, No 30735 Filed with the Secretary of State April 8, 2009 The purpose of this Agreement is to enhance Maricopa County East Valley law enforcement services concerning the collection, evaluation, analysis, dissemination of intelligence and intelligence products regarding criminal street gangs and criminal related incidents through the cooperative efforts of Member Agencies("Parties") to the agreement In addition, the Members Agencies ("Parties") of the East Valley Gang and Criminal Information Fusion Center amended the East Valley Gang and Criminal Information Fusion Center Intergovernmental Agreement (Amendment #1, Contract Number 2009-021-COS-A1) to allow additional agencies to join as associate members ("Associate Parties") upon approval of the Fusion Center Executive Team. In accordance and in compliance with the above referenced agreement, the Parties and Associate Parties enter into this Memorandum of Understanding to outline their responsibilities with respect to the use of the COPLINK information sharing system as follows 1. On July 1 of each year this agreement is in effect, the Parties and Associate Parties will receive an invoice and pay MPD for the use of COPLINK The Fee will be based on the required hardware, software, and resources necessary to support the COPLINK system. 2 MPD will calculate the fee June 1 of each year. The fee will be based on the percentage of sworn officers at each Party Agency against the total number of sworn officers across all Parties (Members and Associates). 3 MPD will calculate the cost based on a breakeven formula for hardware, software, and resource services 4. All participating agencies will report their total number of sworn officers in May 5 The Agency shall mail the fee and a copy of the invoice to the Police Budget Coordinator at the Mesa Police Department P 0 Box 1466, 130 N. Robson,Mesa,Arizona 85201 6. This agreement is effective when signed and is self-renewing upon the payment of the required fee on or about July 1st of each year except that it is subject to any of the cancellation provisions provided for in the underlying intergovernmental agreement 7 Both Parties and their employees are subject to the terms and conditions of the underlying intergovernmental agreement IN WITNESS WHEREOF, the Party named below has executed this Agreement on _ Chief of Police ,.. ,Nir. 30785 .riled with the Sec etary o State ,�,, Date Filed; rl/ � ?O6 9 "to4s re of Siam By' (—Aide 4-PA `too INTERGOVERNMENTAL AGREEMENT REGARDING PARTICIPATION IN THE EAST VALLEY GANG & CRIMINAL INFORMATION FUSION CENTER .-. This Agreement is entered into among the City of Mesa, on behalf of the Mesa Police Department (MPD), and any public agencies, as that term is defined in Arizona Revised Statutes § 11-951, that, after invitation by the MPD, comply with the provisions of A R S §11-952, and file a document with the Secretary of State that references this Agreement and meets the requirements of the statute. A public agency shall become a Party to this Agreement as of the date of that agency's filing with the Secretary of State. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Neither a signature for every party nor a signature line shall be required in each counterpart except that on a counterpart being brought forward by an agency to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that jurisdiction's practice only by the particular agency seeking approval This Agreement supersedes any previous Agreement concerning the Fusion Center whether filed or not filed with the Secretary of State. I. Purpose The purpose of this Agreement is to enhance Mancopa County East Valley law enforcement services concerning the collection, evaluation, analysis, dissemination of intelligence and intelligence products regarding criminal street gangs and criminal related incidents through the cooperative efforts of the Parties This purpose is to be accomplished by the creation of the East Valley Gang & Criminal Information Fusion Center, which will be located at the Mesa Police Department II. Authority The Parties are authorized and empowered to enter into this Agreement pursuant to A R S §§11- 951, 952, A R S §13-3872 and the respective provisions of their City Charters, Tribal Constitutions or other governing authority. IIl. Participation The Parties agree to assign a law enforcement officer or non-sworn employee to the East Valley Gang and Criminal Information Fusion Center (Fusion Center) on a full-time basis for such assignments within the purposes of this contract. The officer(s) or non-sworn personnel shall remain on assignment to the Fusion Center for a minimum period of one (1) year unless otherwise agreed to by the Parties. During the period of assignment to the Fusion Center, the assigned officer(s) and additional non- sworn personnel shall maintain all benefits, rights, and privileges available to said officer(s) or Fusion Center lGA Pure2of5 non-sworn personnel as if they were assigned on a full-time basis to their parent agency The assigned officer(s) or non-sworn personnel will abide by all Fusion Center policies and applicable rules and regulations regarding the center All Parties agree that all assigned personnel shall comply with Title 28 of the Code of Federal Regulations, Part 23 ATF will participate by providing resources as ATF deems necessary and appropriate. IV. Reimbursement The Parties will he responsible for all payroll expenses of their respective officer(s) and non- sworn personnel related to this assignment. The expenses include employee salary, shift differential pay, overtime compensation, benefits which accrue during the term of this Agreement, employee-related expenses to include employer's workman's compensation, social security at established rates, vacation and sick leave taken while working at the Fusion Center. All approved travel expenses and per diem will be the responsibility of the parent agency. All out of state travel must be pre-approved by the parent agency. If the MPD receives grant funds designated for the Fusion Center,some or all of these expenses may be reimbursed to the Parties V. Duties of MPD MPD agrees to provide officer(s) and non-sworn personnel with workspace and connectivity to the Fusion Center network and databases at no cost to the Parties. MPD will also provide technical assistance to officer(s) and non-sworn personnel in establishing connectivity to the Parties respective sysiems. MPD will provide workstation and office furniture for the use of officer(s) and non-sworn personnel. MPD will provide stand-alone computers to facilitate state, and local access. MPD will maintain responsibility for maintenance of the facility and is responsible for the lease on the facility, which includes utility costs VI. Duties of the Parties The Parties' sworn officer(s) and non-sworn personnel will occupy space within the Fusion Center facility. The Parties will provide their officers) and non-sworn personnel with network connectivity from the Fusion Center to their respective parent agency. The Parties will be responsible for maintenance of those personal computers and the network connectivity. The Parties will be responsible for providing their respective officer(s) with a duty vehicle, if necessary, during the penod of this Agreement The Parties agree to permit the other Parties' officer(s) to work in their jurisdictional boundaries pursuant to their AZPOST certification and A.R.S. §§l3-3871, 3872, 3874 and 3875, except that, to the extent the law limits jurisdiction on Indian reservations, this Agreement shall only expand that jurisdiction for Fusion Center activities or othei law enforcement activities discussed with the chief law enforcement officel for the Indian Community Fusion Center 1GA Page 3oti VII. Management of the East Valley Gang Information Criminal Information Fusion Center The management of the day-to-day operation of the Fusion Center shall be the responsibility of MPD. The promulgation of policy and oversight of the operation of the Fusion Center shall be the responsibility of the Fusion Center Executive Team, the members of which shall be the chief law enforcement officer for each original participating agency, or his/hei designee. Additional agencies may be invited to join the Fusion Center. The Executive Team may invite the chief law enforcement agency of a new participating agency to be a member of the Executive Team VIII. Nondiscrimination The Parties to this Agreement shall comply with all applicable provisions of state and federal non-discrimination laws and regulations including, but not limited to, State Executive Order No. 99-A, which mandates that all persons, regardless of race, religion, sex, age, national origin or political affiliation shall have equal access to employment opportunities and all other federal and state employment and educational opportunity laws, rules and regulations, including the Americans with Disabilities Act; provided however, an Indian Community is subject to 25 U.S C. § 4S0e(c) No Party shall engage in any form of illegal discnmination with respect to applications foi employment or student status or employees or students. IX. Liability To the extent permitted by law, each Party does hereby covenant and agree to indemnify, defend, and hold harmless the other Party, its officers, employees, contractees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind of nature relating to this Agreement which, are the result of any act or omission of the Party, its officers, employees, contractees, agents, and anyone acting under its direction of control, whether intentional or negligent, in connection with or incident to this Agreement. The. employees of the Parties shall remain employees of the Parties and shall not be considered MPD employees The employees of MPD shall remain employees of MPD and shall not be considered employees of any of the other Parties. Failure of a Party to comply with the terms of this Agreement shall not provide the basis of any third party action against any of the Parties. X. Fees In no event shall any Party charge other Parties for any administrative fees for any work performed pursuant to this Agreement. XI. Jurisdiction The laws of the State of Anzona shall govern this Agreement Venue will be in the Maricopa County Supenoi Court unless the subject matter of the dispute involves an Indian Community, then venue shall be in Federal District Court for the State of Arizona. In the event of any Fusion Center IGA Page 4 of 5 litigation or arbitration arising out of this Agreement, the substantially prevailing Party in such litigation or arbitration shall be entitled to recover its reasonable attorneys fees, expert witness fees and other costs of litigation. XII. Worker's Compensation Pursuant to A.R.S §§23-1022 D., for the purposes of worker's compensation coverage, all employees covered by this Agreement shall be deemed to be an employee of both agencies. The parent agency shall be solely liable for payment of worker's compensation benefits XIII. Duration of this Agreement This Agreement shall become effective upon the execution by the Parties hereto and filing with the Secretary of State and shall remain in effect until July 1, 2027, unless otherwise terminated by the terms of this Agreement or operation of law. Any Party may withdraw from this Agreement by giving 30 days written notice to the MPD All property provided by MPD to a withdrawing Party's officer(s) or non-sworn personnel shall be returned to MPD upon termination The Parties reserve all rights that each may have to cancel this Agreement for possible conflicts of interest under A R S § 35-511 as amended XIV. Other Provisions In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision hereof This Agreement contains the entire understanding between the Parties with respect to the subjects hereof and supersedes all prior negotiations and agreements This Agreement may be amended only by an instrument in writing and signed by all the participating Parties. The waiver of any breach of this Agreement shall not be deemed to amend this Agreement and shall not constitute waiver of any other subsequent breach. Headings are for convenience and shall not affect interpretation This Agreement may be executed in counterparts, and which together constitute a single insti ument This Agreement shall be recorded with the Secretary of State pursuant to A R S § 11-952(g) upon its execution and an original bearing the stamp of the Secretary shall be forwarded to the Chief of Police of the Mesa Police Department. XV. Notification Any notice required to be given under this Agreement will be provided to the Chief of Police of the Mesa Police Department with a copy to all Parties to this Agreement Fusion Center]GA Page 5 of 5 XVI. Signatures IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on the date written below. City of Mesa Dated. 1 j C dd By. Christop r J. ady, City Manages, City of Mesa OF 44 ,s1 ATTEST. V\ 0)O, ), O g4 s ,t •a Crocker g�C /J City Clerk, City of Mesa °Pq C� In accordance with A R S § l 1-952, this contract has been reviewed by the undersigned who has determined that this contract is in appropriate form and within the powers and authonty granted to each respective public �body. 7 WI This A/ day of Debbi Spinn:i0r City Attorney, City of Mesa ROLL CALL VOTE NOTES: ITEM# MEETING OF MOTION BY: SECONDED BY: ES NO ABSTAINED COUNCILMEMBER EVANS OR BARa4€R- COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON COUNCILMEMBER SERDY V COUNCILMEMBER WILSON MAYOR INSALACO V UNANIMOpS IN FAVOR OPPOSED ABSTAINED TOTAL ^ - CONSENT AGENDA ITEM NOS. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO 13-29, 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 FOR PARTICIPATION IN THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER, BE APPROVED. , W City of Apache Junction, Arizona 300 E Superstition Boulevard o, Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 5 File ID: 13-172 Sponsor. Kathy Connelly Agenda Date.7/16/2013 Index. Communication Outreach In Control.City Council Meeting Presentation on the Lost Dutchman Monument Recognition Proclamation On July 2, 2013, the city council requested a proclamation in support of the preservation of the Lost Dutchman Monument Presentation. Attachments.2013 lost dutchman monument recognition City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 Prorlamati`on "LOST DUTCHMAN MONUMENT RECOGNITION" WHEREAS, the City of Apache Junction and its residents have a strong interest in historically significant structures and the lore that reflect the heritage of the community;and WHEREAS, highlighting historically significant or culturally rich community aspects are a significant draw for tourism and can positively contribute to our local economy and our tax base;and WHEREAS, the City of Apache Junction Downtown Redevelopment and Implementation Strategy adopted by the City Council with Resolution No. 10-34 recommends advancing projects and programs that support the development of the niche and brand of downtown,which includes incorporating western and historical elements;and WHEREAS, in 1938 the group known as the "Dons Club" constructed the "Lost Dutchman Monument"sometimes referred to as the"Dons Monument";and WHEREAS, the monument is the oldest known manmade structure in the City of Apache Junction;and WHEREAS, the monument adds to the history, lore and rich culture of Apache Junction;and WHEREAS, the monument is situated on a perpetual easement granted to the Dons Club in downtown Apache Junction adjacent to the city's Focal Point monument;and WHEREAS, there is interest in exploring its preservation,to include among other things, historical monument signage, enhanced lighting, and structural protection measures. NOW,THEREFORE,BE IT PROCLAIMED by the Mayor and City Council of the City of Apache Junction,Arizona that they support the efforts of the Dons Club to restore the"Lost Dutchman Monument"and further supports the opportunity to highlight the monument as a historically significant tourist attraction;that the monument is declared an honorary city historical site;and the city is committed to protect and honor this historic treasure. Signed and attested to this day of ,2013. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk p54. 1- , City of Apache Junction, Arizona 300E Superstition y, Boulevard ' Cyr: Apache Junction,AZ 85119 «_ Agenda Item Cover Sheet lb,. " r� Agenda Item No.6. r. File ID' 13-156 Sponsor George Hoffman Agenda Date 7/16/2013 Index In Control. City Council Meeting City manager's report Presentation and discussion Attachments City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 Ai.. � C �,�' City of Apache Junction, Arizona F / .r300 E Superstition �`i� NC) Boulevard v` --;6 Agenda Item Cover Sheet Apache Junction,AZ 85119 r ° Agenda Item No 7 1Pria =' File ID 13-173 Sponsor Matt Busby Agenda Date 7/16/2013 Index In Control City Council Meeting Legislative Update Presentation and discussion. Attachments. City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 r 1.‘. 6C lip' Apache Junction Food Bank "Helping People Meet Everyday Needs" Information presented by Apache Junction Food Bank Board Member Lori Hlavin Insecurity Food 1' h Limited or uncertain access to enough nutritionally adequate food for all household members Impact on ourcommunity • 1 in 4 children are food insecure, kids shouldn't have to go to sleep hungry • Seniors forced to choose between filling their refrigerator or filling their prescriptions • Families sacrificing hot meals to pay the utility bills The AJ Food Bank is an emergency food bank that provides short term assistance to families in need. Eligibility Requirements • Live within our service area which is: • Southern boundary: Ocotillo • Western Boundary: Ellsworth • Northern Boundary: Maricopa County Line • Eastern Boundary: Queen Valley Road • Provide a valid picture ID and proof of residency (utility bill, rent receipt, or other document showing client's name and address) • Provide birth certificate or other documentation for all dependents in the family. • Meet Federal Poverty Guidelines as established by the US Health and Human Services and approved by the AJ Food Bank Board of Directors. • Upon meeting these requirements and signature on our affidavit of declaration, we provide 3 days of food. • A client and family is eligible for assistance one time each month. Hours of food assistance: Monday, Tuesday, Thursday & Friday 2pm to 4pm Apache Junction Food Bank 575 N. Idaho Road, Suite 701 Apache Junction AZ 85119-4015 480-983-2995 We fed 25, 357 people last year ! This summer has been unexpectedly busy Anticipating a 5% increase in number of clients served over last year Food Banks typically experience food shortages during the Summer • Donations are lower • Fewer volunteers "Working together to feed the hungry" Alliances The Emergency Food Assistance Program (TEFAP) St. Mary's Food Bank - weekly allotment United Food Bank — monthly allotment We receive an average of 15,000 lbs. of food each month through these agencies These items include: Peanut Butter Tuna Pasta Noodles Soup Canned Vegetables or Fruit Macaroni &Cheese • E!ro Partnerships, Supporters & Volunteers APACHE JUNCTION FOOD BANK • The success of the Apache Junction Food Bank relies heavily on the partnerships and the generous donations and support we receive from our community. • The Apache Junction Food Bank volunteers make a difference in the community. On an average day we provide emergency food assistance to 75 families! Please visit our website for more information@ www.ajfoodbank.org Donations Apache Junction Food Bank Annual Donations $160,000 $14,690 $140,000 $144,072 $71,328 $120,000 $100,000 $109,223 $10,959 580,000 — $21,250 560,000 540,000 $20,000 ■ Individuals ■ Government $ ® Community Group/Service Club Church/Chutch Group 2010 2011 2012 • Business/Corporation IN Parks a di Coming Soon . . . . . . . . . APACHE JUNCTION FOOD BANK New client database starting August 1st • More efficient client intake process • Should shorten the amount of time clients wait outside in line • Better reporting capabilities Large umbrella to help shade people waiting in line in the heat City of Apache Junction, Arizona 300 E Superstition 910 1111vi. Boulevard .15 Agenda Item Cover Sheet Apache Junction AZ 85119 r4. .., Agenda Item No 8 File ID 13-167 Sponsor: George Hoffman Agenda Date• 7/16/2013 Index• Outside Scope of Council Priorities In Control City Council Meeting Presentation by and discussion with Lori Hlavin, board member of the Apache Junction Food Bank, and representatives of the food bank concerning the Apache Junction Food Bank Presentation and discussion Attachments• p City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 T PUBLIC HEARING ON 1. For APPLICATION FOR A NEW LICENSE,CORPORATION, SERIES 10 LIQUOR LICENSE FOR 99 CENTS ONLY STORE#219 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 iT 8 Agenda Item Cover Sheet Agenda Item No.9. File ID: 13-174 Sponsor. Kathy Connelly Agenda Date 7/16/2013 Index. Local/State/Federal Statutory Requirement In Control City Council Meeting Application for a new license, corporation, series 10 liquor license for the 99 Cents Only Store #219 located at 3003 W Apache Trail The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action Attachments:2013 99 cents only store cc, 2013 99 cents only store application part 1, 2013 99 cents only store ap Ammar City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 JULY 3, 2013 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR JULY 16, 2013 APPLICATION FOR A LIQUOR LICENSE FOR 99 CENTS ONLY STORE An application for a New License, Corporation, Series 10 Liquor License has been submitted by Mr. Randy Nations for 99 Cents Only Store #219 located at 3003 W Apache Trail, Apache Junction, Arizona. Correspondence has been received from the police department, planning department and the fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquorgov :61 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders.Officers,or Managers activejvjnvolved In the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a• SECTION 2 Type of ownership: ❑MORE THAN ONE LICENSE ❑ INTERIM PERMIT Complete Section 5 ❑J.T W R.O S Complete Section 6 ®NEW LICENSE Complete Sections 2, 3,4, 13, 14, 15, 16 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3,4, 11, 13, 15, 16 ®CORPORATION Complete Section 7 0 LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3,4, 12, 13, 15, 16 0 CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑GOVERNMENT Complete Section 10 Complete Sections 2, 3,4, 9, 13, 16(fee not required) ❑TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2, 3,4, 10, 13, 15, 16 0 OTHER(Explain) SECTION 3 Type of license and fees LICENSE#(s): - t O H 3>I4-t! 1. Type of License(s). Series 10 pepartment Use Only 2.Total fees attached $ [OD• -W APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. The fees allowed under A,R.S.44-6852 will be charged for all dishonored checks, SECTION 4 Applicant Mr Nations Randy D r 1cpa.4.4P+ 1 Owner/Agent's Name ©Ms. (Insert one name ONLY to appear on license) Last First Middle 2 Corp./Partnership/L L C • 99 Cents Only Stores of California,Inc ID 4-1 380 (Exactly as it appears on Articles of Inc.or Articles of Org.) 3 Business Name 99 Cents Only Store#219 (Exactly as it appears on the exterior of premises) ejl O I e9SS 4 Principal Street Location 3003 W Apache Trail Apache Junction Plnal 85220 (Do not use PO Box Number) City County Zip 5 Business Phone 480-983-9915 Daytime Phone: 480-730-2675 Email:rhonda@azllc.com 6. Is the business located within the incorporated limits of the above city or town? EYES ONO 7 Mailing Address:P 0 Box 2502 Chandler AZ 85244 City State Zip 8 Price paid for license only bar, beer and wine, or liquor store Type $ Type $ DEPARTMENT USE ONLY Fees: I CC -_-- Application Interim Permit Site Inspection Finger Prints $ TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete? ..1 YES 0 NO Accepted by 090 j Date: ti {I i 1 i 3 Lic.# tn12013 `Disabled individuals requiring special accommodation, please call(602) 542-9027. 1 SECTION 5 Interim Permit: 1. If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R S 4-203 01 2. There MUST be a valid license of the same type you are applying for currently issued to the location 3. Enter the license number currently at the location L`L) 4 Is the license currently in use?0 YES❑NO If no,how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. , , declare that I am the CURRENT OWNER,AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE(circle the title which applies)of the stated license and location State of County of X The foregoing instrument was acknowledged before me this (Signature) My commission expires on day of Day Month Year (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON USTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UC0101),AN"APPUCANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD 1 Individual. Last First Middle %Owned Mailing Address City State Zip Partnership Name (Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Mailing Address City State Zip ❑ ❑ .� ❑ ❑ ❑ 0 Y R A S S E C E N F I T 2 Is any person,other than the above,going to share in the profits/losses of the business? ❑YES 0 NO If Yes,give name,current address and telephone number of the person(s). Use additional sheets if necessary. Last First Middle Mailing Address City,State,Zip Telephone# 2 .... SECTION 7 Corporation/Limited Liability Co• t�,(� EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UC0101),AN"APPLICANT"Tynsi li MigiadifsO►l1PR0eESSING FEE FOR EACH CARD. •.�i lilt CORPORATION Complete questions 1, 2,3, 5, 6, 7,and 8. ❑ L.L.C. Complete 1,2,4,5,6, 7,and 8. 1 Name of Corporation/L L C. 99 Cents Only Stores of California,Inc. (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated/Organized: 4/20/2001 State where Incorporated/Organized California 3. AZ Corporation Commission File No.: F-0986596-3 Date authorized to do business in AZ 4/20/2001 4. AZ L.L.C.File No Date authorized to do business in AZ: 5. Is Corp./L L.0 Non-profit?0 YES NO 6 List all directors, officers and members in Corporation/L L C.: Last First Middle Title Mailing Address City State Tip Kvitko Michael Scott Exec VP 4000 Union Pacific Avenue City of Commerce CA 90023 Schools Frank Joseph Treasurer 4000 Union Pacific Avenue City of Commerce CA 90023 j Green Michael Bruce Secretary 4000 Union Pacific Avenue City of Commerce CA 90023 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7 List stockholders who are controlling persons or who own 10%or more: Last First Middle %Owned Mailing Address City State Zip - 1 1 Number Holdings,Inc 100 4000 Union Pacific Avenue City of Commerce CA 90023 ' i i___________ — ________ __ _........_,...i (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L L C is owned by another entity,attach a percentage of ownership chart,and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD.AND$22 PROCESSING FEE FOR EACH CARD 1. Name of Club: Date Chartered. (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? ❑YES 0 NO 3 List officer and directors: Last First Middle Title Mailing Address City State Zip I (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 '13 JUG 17 t1Q% tic. w 11,)9 Number Holdings,Inc. Stockholders: Name % Owned Mailing Address Ares Corporate Opportunities Fund III, 52.82% Class A 2000 Avenue of the Stars, 12th ._.. L P. Common Stock Floor Los Angeles, CA 90067 CPP Investment Board (USRE II) Inc. 31.45% Class A One Queen Street East Common Stock Toronto, ON M5C 2W5 Canada 00 lihW Pu v+ W etk- - ou.VLS w Se{ a- 41464 t� its+ S qq earls 6111 Sys g C4444.4'41 1144_, '13 JIJ 17 Lic'. LiC. Rt911;9 Number Holdings Inc Officer List Michael Scott Kvitko Exec VP 4000 Union Pacific Avenue City of Commerce CA 90023 Frank Joseph Schools Treasurer 4000 Union Pacific Avenue City of Commerce CA 90023 Michael Bruce Green Secretary 4000 Union Pacific Avenue City of Commerce CA 90023 '13 JUN 1? L;9. 411 3 I Ares Corporate Opportunities Fund III, LP I \ p 1 1CALPERS (Califomia" IACOF Management III I No other person or Public Employees General Partner entity owns 10% or Retirement System 0.1% more Limited Partner 11.4% Air Highly Confidential Information contained herein not to be shared or distributed outside of the Arizona Department of Liquor Licenses and Control without the express written consent of 990 Only Stores. Organizational Structure for CPP Investment Board (USRE II) Inc. La C .i. µ Clhr 2 f .,.. ••:� 1 •naa-' Pension Plan Inv4striej ,s a .r • t t s ti 100/ owner) 4 •4 i`: :, - S -6PP_ ini'resiment Board lUS. tE>J 4 :`- 'Canada Pension Plan Investment Board('CPPIB')is a professional investment management organization that invests the funds not needed by the Canada Pension Plan to pay current benefits on behalf of 17 million Canadian contributors and beneficiaries.In order to build a diversified portfolio of CPP assets.CPPIB invests in public equities,pnvate equities,real estate.inflation-linked bonds, infrastructure and foxed income instruments Headquartered in Toronto,with offices in London and Hong Kong,CPPIB is governed and managed independently of the Canada Pension Plan and at arm's length from governments.At December 31,2011,the CPP Fund totaled C$153 billion,of which CS25 billion was invested in private equity For more information about CPPIB,please visit )Nww-CDD,.Ca. SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1. Current Licensee's Name. (Exactly as it appears on license) Last First Middle 2 Assignee's Name Last First Middle 3 License Type: License Number Date of Last Renewal 4 ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL,PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION SECTION 10 Government:(for cities,towns,or counties only) 1. Governmental Entity 2. Person/designee. Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: I Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07, and 09). 1 Current Licensee's Name. Entity. (Exactly as it appears on license) Last First Middle (Indiv,Agent,etc.) r- 2 Corporation/L L.0 Name (Exactly as it appears on license) r- 3. Current Business Name: (Exactly as It appears on license) r-� 4. Physical Street Location of Business. Street , 0 City, State,Zip 5. License Type: License Number 6 If more than one license to be transfered.License Type: License Number. 7 Current Mailing Address: Street (Other than business) City, State,Zip 8 Have all creditors,lien holders, interest holders,etc,been notified of this transfer? 0 YES 0 NO 9 Does the applicant intend to operate the business while this application is pending? 0 YES 0 NO If yes,complete Section 5 of this application,attach fee,and current license to this application 10 I, hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met, Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. , declare that I am the CURRENT OWNER, AGENT,MEMBER,PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license I have read the above Section 11 and confirm that all statements are true, correct,and complete (Signature of CURRENT LICENSEE) State of County of The foregoing instrument was acknowledged before me this My commission expires on. Day Month Year 4 (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer:(Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE '13 JIJ�I F,# 1? LiGr. Lk . RO I ill) 1 Current Business' Name (Exactly as it appears on license) Address 2 New Business' Name (Physical Street Location) Address 3 License Type License Number: 4. If more than one license to be transferred:License Type: License Number: 5 What date do you plan to move, What date do you plan to open? r SECTION 13 Questions for all in-state applicants excludips,those applying for government. hotel/motel. restaurant licenses (series 5,11, and 12): A.R.S §4-207(A)and(B)state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director,within three hundred(300)honzontal feet of a church,within three hundred(300)horizontal feet of a public or private school building with kindergarten programs or grades one(1)through(12)or within three hundred(300)horizonal feet of a fenced recreational area adjacent to such school building The above paragraph DOES NOT apply to: a)Restaurant license(§4-205.02) c)Government license(§4-205.03) b)Hotel/motel license(§4-205.01) d)Fenced playing area of a golf course(§4-207(BX5)) 1. Distance to nearest school: 0 9 Mi ft. Name of school Superstition Mountain School Address 550 S Ironwood Dr Apache Junction AZ 85220 City, State,Zip 2 Distance to nearest church 0.4 MI ft Name of church Gospel Tabernacle Address 3071 W Broadway Ave Apache Junction AZ 85220 City, State,Zip 3. I am the: ®Lessee 0 Sublessee ❑ Owner ❑ Purchaser(of premises) 4 If the premises is leased give lessors Name Lany AJ LLC Address 10982 Roeblinq Ave#107 Los Angeles CA 90024 City, State, Zip 4a. Monthly rental/lease rate$ 19,162.50 What is the remaining length of the lease 27 yrs mos 4b What is the penalty if the lease is not fulfilled? $ or other No Penalty (give details-attach additional sheet if necessary) 5.What is the total business indebtedness for this license/location excluding the lease?$ 0 Please list lenders you owe money to. Last First Middle Amount Owed Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6 What type of business will this license be used for(be specific)? General Merchandise 5 SECTION 13 -continued 7.Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year? ❑ YES ® NO If yes,attach explanation 8. Does any spirituous liquor manufacturer,wholesaler,or employee have any interest in your business? ❑YES ® NO 9. Is the premises currently licensed with a liquor license? 0 YES ® NO If yes, give license number and licensee's name. License# (exactly as it appears on license) Name SECTION 14 Restaurant or hotel/motel license applicants: tw c.. 1 Is there an existing restaurant or hotel/motel liquor license at the proposed location? ❑ YES ❑ NO If yes,give the name of licensee,Agent or a company name: and license# . Last First Middle 2 If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending,corult A.R S §4203 01;and complete SECTION 5 of this application 3. All restaurant and hotel/motel applicants must complete a Restaurant Operation Plan (Form L1C0114) provided by the It' Department of Liquor Licenses and Control, 4 As stated in A.R S. §4-205 02.G.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food. Gross revenue is the revenue denved from all sales of food and spirituous liquor on the licensed premises. By applying for this 0 hotel/motel El restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel/Motel Records Required for Audit(form LIC 1013)with this application. applicant's signature As stated in A R S §4-205.02 (B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. With the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license If you are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www azliquor gov and click on the "Information"tab. applicants initials SECTION 15 Diagram of Premises: (Blueprints not accepted,diagram must be on this form) 1.Check ALL boxes that apply to your business: ® Entrances/Exits ® Liquor storage areas Patio 0 Contiguous 0 Service windows 0 Drive-in windows ❑ Non Contiguous 2 Is your licensed premises currently closed due to construction,renovation, or redesign? 0 YES El NO If yes, what is your estimated opening date? month/day/year 3. Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture Diagram paper is provided on page 7 4 The diagram (a detailed floor plan)you provide is required to disclose only the area(s)where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant(see#3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non-licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S.§4-207.01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries,entrances,exits, added or deleted doors,windows or service windows,or increase or decrease to the square footage after submitting this Initial drawing. f-<441 " app'cants initials 6 SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up T. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below. AY /1/1 U J.J J m 1 I i SECTION 16 Signature Block I, Randy D Nations , hereby declare that I am the OWNER/AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. I have read this application and verify all statements to be true, correct and c mplete X 0, e,fril (signature o licant listed in Section 4,Question 1) all State of County of The foregoing instrument was acknowledged before me this r.-- ---- ----- . 13 3L �� R1toNDA J RODRIGUEZ t 1 -_ Notary Public-Arizona Da of Month Year I l .pJ WAcopa county 1 ':�/ My Commlaabn Eupkas ( -f'/J/,, �„ t My commission expiretn oaa•me.rs/,2016 i �!f'(,ff Day Month Year signature of NO Y PUBLIC 7 3 i10w' .e.we•wfavq.e.e. 1 9:'..r.f. » ..,.,rf,/.,...•. 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I .la .•. ..1 I l l I l 1 l I III 1 J 1 1 1 I I_ ' I I 1 l 1 ; 1 4 I I 11'- ._.�._._._ i 1 _ —` ——r:j l ! 1 1 l l l t l 1 i i 1, l i 1 l 1 1"I 1 1 1 { i i i f r'I. FIXTURE LEGEND i I I 1 i^ ilit�. t f ntiVi..13,7-.. t. iiiii 1. Ildi . g+r..wwruoo. l Ill I I I } I I I i l I I l till 1 1 1 1 1 1 1 1 1 f m.^.......�...,�,.^ hil I- * i ...—. 0....fr•.......r+e Iii# fM,ir,t= Q II 1 1 1 ITTTTIT-TT71__�ll I i } 111 ► I L1 1,_._ } _ _._._._111• _ ._--•-O NMI 1 ¢.,..f..rw, w�„_., ,,,,MO 1 d ;,;�= 1 i 1 1 1 1 1 1 1 l i V I I I i 1 1 l j l i T 1 1 1 1 ) ® ® ram w.«�� y I. Q RNM.M..Owf-WCM.M Oil t �Y,NPIN.d V.,•1... 5. 1• •s�_lf..W.�M....1......,. 1• n:_ 1 ®-HI I I 1 I 1 1 1 jT TT1 l I L 1 J 1 1 1 1 1 I 1 1 '•"'� lumi ©,.. /..w...,. .R.....b »I I I If 19! lift l I l l 111 11 1 1It r_ip _ O <.....r..._»..,,.-V:: (1/g I. ;-. Ill gi 1 I ''' > ?A , #:vicL-a 1 R. ! 1 � __� I I I .\. , ) --1 I1 A- 1 1 1 I NNIWOI I 1 1 + FIXTURE PLAN GENERAL NOTES Elll I I I I .ntm ros.w..wnrww.wwnw+e...aMmuaron FUTURE r I 1 I j � ` vw�w a •. ^«.r.srw.nsa PLAN I I I I I II • i =ter =nED 1 i ! I 1 � { A31 FIXTURE PLAN ,..n. WIA.....•.rwnr••w.u..ua r.•.•n•aun. 60p 7tI -iniLItilfET. ) ) ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 .-f f,1,ta Q,U * q19,Do i., 02)542-51 •j µ w cjj Attentbn elf Local Governing Bodies: Social Securityar{t t 1 pn Is Confidential. This information may be given local law enforcement agencies for the purpose c ',c'i'i \ iliut-ilia be blocked to be unreadable prior to postllt�g or q) -public-4 . \ 1/ ,-- Read This to e l 'a a rd etl e or t with BLACK INK. .4 Read carefully qqyyqq yea putt An extensive investlgation of you)) Pgt�)idwi co tad. False or Incomplete answers r could result In criminal prosecutlory t�a ant revocation of a license or permit P TO BE COMPLETED BY EACH CONTROLLING PERSON,AGEfa",. Pall COMPLETING THIS FORM MUST SUBMIT AN N 'APPLICANT TYPE FINGERPRINT CARD AVAILABLE AT TH BI•APPROVED CARDS ARE ACCEPTED FROM LAW r-.. ENFORCEMENT AGENCIES,BONA ROE FINGERPRINT 1 RT. UQUOR. THE DEPARTMENT CHARGES A$13 FEE±—' Inadddi addition to other fingerprint fees,a 522 DP5 background check9F i f�be charged for each Liquor License# C, 9 rP The fees allowed try A.R.S.§44-6852 will be cheesed for all dishonored checks. VD 1 i -5')-1-1 Of the location is currently licensed) 1 Check Controlling Person I Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions cxceot A 14,14e&21) box—10. Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete 0 21 2.Name Nations Randy D. Date of Birth: ql1M111.1111.1P__ Last Fvst Middle (IyOT a Public Record) 3•Social Security Numberailllin Drivers License it.1111.11111111. State: AZ (t4Qr a public record) ($OT a public record) 4 Place of Birth: Morenci AZ USA Height: 6'1 Weight: 210 Eyes, Haz Hair BID City State Country (not county) 5 Marital Status Single I Marred Divorced Widowed 6. Name of Current or Most Recent Spouse' Nations Deborah Jean Collier Date of Birth: Net ail for last 6 years•Use additional sheet if necessary) Last First Middle Maiden eica a public record) 7. You are a bona fide resident of what stets? Arizona If Arizona,date of residency. 9/1947 8 Telephone number to contact you during business hours for any questions regarding this document. _480-730-2675 9. if you have been an Arizona resident for less than three(3)months.submit a copy of your Arizona driver's license or voter registration cant. 10. Name of Licensed Premises. 99 Cents Only Store#219 ear : 480-983-9915 _ 11.Physical Location of Licensed Premises Address. 3003 W Apache Trail Apache Junction Pinal 85220 Street Address (Do not use PO Box N) City County Zip 1 Z.List your employment or tyae of business during the past five f5)years.If unemployed part of the time,list those dates. List most recant 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,gate&zip) 4/93 CURRENT President ALIC Enterprises LLC 1811 S Alma School Rd#268 Mesa AZ 85210 , ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTlONt 13. Indicate Your residence address for the last five(5)years V FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own If rented,attach additional sheet with name,address and phone number of landlord City State Zip 12/95 CURRENT Own 314 S Bayshore Blvd. Gilbert AZ 85233 Apra 18,2012 Disabled kidividuals requiring special accommodations,please call the Department(602)842-9027 If you checked the Manager box on the front of this form skip to it 15 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES ✓INO If you answered YES,how many his/day? ,and answer#14a below. If NO,skip to#15. 14a.Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) ✓YES NO tf the answer to#14a is"NO",course must be completed before Issuance of a new license or approval on an existing license. 15. Have you been died.arrested, indicted or summoned Into court for violation of ANY law or ordinance, YES ✓ NO regardless of the disposition,even if dismissed or expunged,within the past ten(10)years? In addition,please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related. 16.Are there ANY administrative law citations,compliance actions or consents,criminal arrest,indictments ✓ YES NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints. 17. Have you or any entity in which you have held ownership,been an officer,member,director or manager ✓YES NO EVER had a business,professional or Woof application or license reiected,denied,revoked.suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you, the subject of which Involved fraud or ✓YES NO misrepresentation? 19. Are you NOW or have you EVER held ownership,been a controlling person,been an officer, member, ✓YES NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 Is'YES'YOU-MUST attach a signed statement. Lt.) Give complete details including dates,agencies involved,and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED Rand D. Nations 20 I, y ,hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) 7' filing this questionnaire. i have read this questionnaire and all statements are true,correct and complete. 32 State of Arizona Cam,of Maricopa ,%1P(Signature of Applicant) The foregoing instrument was acknowledged before me this 11th day of January , 2013 • RHONDA J RODRIGUEZ j nty My commission expires on: \-• incses CO (Signatire ARYPUBUC) ( / leometmos COMPLETE THIS SECTION ONLY iF YOU AREA CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. Stated. County of The foregoing instrument was adanoMedged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBLIC) Print Name My commission expires on: Day Month Year P O Box 2502 Chandler,Arizona 85244 (480)730-2675 Phone (480)730-2676 Fax • • ARIZONA LIQUOR INDUSTRY CONSULTANTS This addendum is written in response to questions 16,17, 18,and 19 on the QUESTIONNAIRE. In response to question 16, my company is currently contracted with over five hundred (500) liquor establishments statewide, not to mention those who have cancelled services since our inception in 1993. Depending on when this document is reviewed, it's possible that there may be a pending administrative citation,compliance action,arrest or summons against one of them. In response to question 17,since I began ALIC in April of 1993, I have been associated with hundreds c..., of liquor establishments and liquor licenses. Several of them have received atations (fines) and in E some instances, a suspension. I work with the compliance officer on a regular basis acting as a tt representative for those who utilize my contract service. I do not however, have anything to do with the actual operation of any liquor establishment in this or any other state Therefore, none of the violations to which I have just referred can be associated to me personally. Additionally, it would be almost impossible for me to give you a reconciliation of these violations, as I have been associated with so many licenses for so many years. r-► Question 18 In early 1995, I was involved in litigation over the sale of a class six(6)liquor license.The seller in this case presented documents to me, you (DLLC), and the Arizona Department of Revenue, `" showing him as the president of a corporation that owned a liquor license. He requested my assistance in selling this license, as I am a liquor license broker The license was brokered and sold by me.Some weeks later I discovered that the individual selling the license on behalf of the corporation was a fraud, therefore the sale of the license illegal. After notifying the purchaser(victim), he instigated a lawsuit against both me and the escrow company used to consummate the sale of the license. The litigation against my company and me was later dropped;I did however have to pay the buyer's attomey's fees Additionally, I prepared a felony complaint, took it to prior police associates at the Arizona Department of Public Safety and we obtained a five count Grand Jury Indictment and six year prison conviction against the fraudulent seller. Question 19. I am currently the Administrative Agent on numerous liquor licenses throughout the State of Arizona. I have also owned liquor licenses that were purchased for resale only. Respectfully Submitted, Randy Nations, President ALIC ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL YJ,Da I CI 9 )- 800 W Washington 5th Floor Phoenix AZ 85007-2934 i turr0i, - (i 11)1j13 Cto ;(602)542- 1= ff L Qb�E`&. N� RE ?IND9 �`� 71 Attention all Local Governing Bodies: Social Scourity, id;Bir41idat t{ri'p'fllatign is Confidential. This Information may be given to �` (a r�:�,sr`h,.b, local law enforcement agencies for the purpose of back rotand,aheck k ) ut: "ust be blocked to be unreadable prior to posting L 4 ; i Read carefully. This instrlhiuit ls'a{siv`y4rt)'-"doc ijnerType or print with BLACK INK. W An extensive investigation of you clot 'till OW co}4 ucted. False or Incomplete answers could result in criminal prosecutio n the 15c 5 b ent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGE ,Q)2M� ( CHP RSON COMPLETING THIS FORM MUST SUBMIT AN i4". `APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT TH I FVE,,FiNGRP,RI�iT � BI-APPROVED CARDS ARE ACCEPTED FROM LA ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE VIC 5-. I T•M N OF LIQUOR. THE DEPARTMENT CHARGES A$13 F In addition to other fingerprint fees,a$22 DPS background checkT ' be charged for each ' fingerprint card Liquor License # The fees allowed by A.R.S.4 44-6862 will be charged for all dishonored checks. .*,o t ( 32-4 r I n (If the location is currently lIcensecs 1 Check 'Controlling Person Agent Manager(Only) ''' appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a i1) box —♦ Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must completLQ 21 2 Name Green Michael Bruce Date of Birth Last First Middle (NOT a Public Record) 3 Social Security Number.eIIIIIIIII. Drivers License#111111111111111P State.CA (NOT a public record) (NOT a public record) 4 Place of Birth Brooklyn New York USA Height: 5'8" Weight 175 Eyes: Bfowfn Hair Brown City State Country (not county) 5 Marital Status Single Married Divorced Widowed 6 Name of Current or Most Recent Spouse: Green Lesley Ann Reisinger Date of Birth (List all for last 5 years-Use additional sheet If necessary) Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? CA If Arizona,date of residency. N/A 8 Telephone number to contact you during business hours for any questions regarding this document. 323-980-8145 ext 1911 9 If you have been an Anzona resident f r less than three(3)months,submit a copy of your Anzona dnver's license or voterot registration card. 10. Name of Licensed ensed Premises: 99w manly Stores 6 Premises Phone'l 4! ' r is ...._ 11. Physical Location of Licensed Premises Address' 00 Trial ( p tiv ,.?iiL £i5zzo Street Address ( PO Box#) City County Zip 12 List your employment or type of business dunng the past five(5)years If unemployed part of the time,list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 2/2010 CURRENT Attorney Self Employed, 30407 Hidden Valley Ct Castaic, CA 91384 1/2007 242010 VP/General Counsel/Secretary Vitesse Semiconductor Corp,741 Calle Plano,Camarillo, CA 93012 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five(5)yearn FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own If rented,attach additional sheet with name,address and phone number of landlord City State Zip 11/2003 CURRENT own 30407 Hidden Valley Court Castaic CA 91384 April 16,2012 Disabled Individuals requiring special accommodations,please call the Department(602)542.9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES y(NO If you answered YES,how many hrs/day? .and answer#14a below. If NO,skip to#15 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES icNO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license 15. Have you been cited,arrested, indicted or summoned into court for violation of ANY law or ordinance, YES I NO regardless of the disposition, even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted In a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16.Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments YES I NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager I YES NO EVER had a business, professional or liquor application or license rejected,denied. revoked,suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES I NO misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person,been an officer, member, I YES jO director or manager on any other liquor license in this or any other state? ca c_, If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed statement Give complete details including dates,agencies involved,and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED r- Michael B. Green 20 I, , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire. I have read this questionnaire and all statements are true,correct and complete �-'`-, ifs , C. x C - " State of 02!It7Xn1k County of /.O5 Anpi,� (Signature of Applicant) .1 The oregoing Instrument was apknowledged before me this tj 11 day of O7,tr(r) , -)- '/� Wit► - -Al'-i i — !� , n� Month Year trF',5� Notary Public-CaliforniaDay Month Year ( !r ,, re-Of NOTARY PUBLIC) ,, " ' Los Angeles County f _ � My Comm.Expires Jul 20,2016 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age State of County of The foregoing Instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year Print Name (Signature of NOTARY PUBLIC) My commission expires on: Day Month Year Affidavit of Michael B Green Arizona Department of Liquor Licenses&Control (Statement—"Yes"to Questions 15-19) My name is Michael B Green. I am currently working as the Interim Senior Vice President,Secretary and General Counsel of 99C Only Stores and currently reside at 30407 Hidden Valley Court,Castaic,CA 91384. My Extended response to"Yes"on questions 15—19 are as follows. 17 Have you or any entity in which you have held ownership,been an officer,member,director or manager EVER had a business, professional or liquor application or license rejected,denied,revoked,suspended or fined in this or any other state? I was an officer of Sizzler USA Restaurants, Inc.which held alcoholic beverage licenses for many of its Sizzler Restaurants for many years in good standing status To my knowledge there may have been some brief suspensions,but no revocations,denials,etc. 19 Are you Now or have you EVER held ownership,been a controlling person,been an officer,member,director,or manager on any other liquor license in this or any other state? Yes.Sizzler USA Restaurants, Inc.has held alcoholic beverage licenses in California,Arizona and other states. Mu. `PIIP -0 0.46-R3-rig CMS *A'. Michael B.Green,Being First Duty sworn on oath according to law,deposes and says that he has read the forgoing AFFIDAVIT of Michael B.Green by his subscribed,that the matter stated herein is true to the best of his information, knowledge and belief. `) \\-\3 r' Mic B Green Date I '13 JUN 1? Li9, tic. 441111'6IZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL Q9TE °(Ct 800 W Washington 5th Floor Phoenix AZ 85007-2934 f/P atOrMA 1t 1(?D13 f 02)542-51 'F E 1) VI 44 O 1 Attention all Local Governing Bodies: Social Securi t of n is Confidential. This Information may be given to local law enforcement agencies for the purpose >1 .-7 )), ,,,,,41415.be blocked to be unreadable prior to posting -N- Read carefully. This instru t 1 ' e ype or print with BLACK INK. An extensive investigation of you , Ci- I co cted. False or incomplete answers could result in criminal prosecutio t K., nt revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGE Jc' ,, N COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT TH +, BI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SEa 4cQ1 LIQUOR. THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a 522 DPS background check be charged for each Liquor License # fingerprint card q The fees allowed by A.R.S.6 44-6852 will be charged for all dishonored checks, 1# I D l l /2) -Lt-I (If the location is currently licensed) 1.Check ✓ Controlling Person Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questionsgxceut#14,14a&21) box--O. Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2 Name Schools Frank Joseph Date of Birth. 11111.11111111101111/ Last First Middle (NOT a Public Record) 3 Social Security Number. 11111111.1 Drivers License#' State. CA (NOT a public record) (NOT a public record) 4 Place of Birth Tucson AZ USA Height. 5'10 Weight. 165 Eyes' Blu Hair Gray , City State Country (not county) 5 Marital Status ✓ Single Married Divorced Widowed 6. Name of Current or Most Recent Spouse. Date of Birth. / f (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) 7. You are a bona fide resident of what state? California If Anzona,date of residency 8 Telephone number to contact you during business hours for any questions regarding this document. 323-881-1293 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card. 10 Name of Licensed Pr "'i 'lrnises 99 Cents Only Store#2A Premises Phone i J -I Gq(5 11.Physical Location of Licensed Premises Address 'IOU VJ fir ,�tr, t�� �z �5) Street Address t(Do not use PO Box#) Ity County Zip 12.List your employment or tyoe of business during the past five(5)years.If unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 1 ' 8/2012 CURRENT SVP and CFO 99¢Only Stores 4000 E Union Pacific Ave Commerce CA 90023 3/2006 zaz Partner Tatum 2040 Main St#720 Irvine CA 92614 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five(5)years. , FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own If rented,attach additional sheet with name,address and phone number of landlord City State Zip 7/2005 CURRENT Rent 5753G Santa Ana Byn Rd #564 Anaheim CA 92807 April 16,2012 Disabled Individuals requiring special accommodations,please call the Department(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES ./cii0 if you answered YES,how many hrslday? and answer#14a below. If NO,skip to#15 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES *NO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license 15 Have you been cited.arrested. indicted or summoned into court for violation of ANY law or ordinance, YES ✓ NO regardless of the disposition, even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations,compliance actions or consents,criminal arrest, indictments YES ✓ NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager YES ✓ NO EVER had a business, professional or liquor application or license rejected.denied.revoked.suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES i NO misrepresentation? 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, C S` A-N - director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed statement Give complete details including dates, agencies involved,and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20 I Frank Joseph Schools , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) W filing this que . have read this questionnaire and all statements are true,correct and complete r_ X ::---- ----__ California aState of County of Los Angeles-1 g (Signature ofAppTcant) "- The foregoing instrument was acknowledged before me this I I t1 day of IAA hi) , ;�-1,7/ r) , Month Year- �•L commissi6h Jp �1)1 f �-' C_.. sio 296,1 l 4�. ;,1� Notary Public-California Day Month J Year (Sig tiir- ' •i ARYPuBLIC) _ j Los Angeles County ' 1_ °`" - My Comm.Expires Jul 20,2016 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age. State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month ' Year Print Name (Signature of NOTARY PUBLIC) My commission expires on Day Month Year 19 I am currently on pending on multiple locations. Frank Schools E btw1 -61 F•� 1•" " 1r" .xY �i.l ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor ,e.tit/1-FP W i Phoenix AZ 85007-2934 (3 02)542-5141�'t Attention all Local Governing Bodies. Social Securit r tad `t1 n is Confidential. This information may be given to local law enforcement agencies for the purposef.becl c e4i {u tt:r 1s be blocked to be unreadable prior to posting Read carefully. This instrurgagt Is: �s wiarXc jne ype or print with BLACK INK. An extensive investigation of you backgiptitd wI b4 co cted False or incomplete answers could result in criminal prosecutio 4,n t�ia.derte e) ent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGE '.Qr�I A G `,,EAC1j p SON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE Al TH( O ICE„F t' IN�,S N tBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SEaVI6R`t ,Qt( D•' 1ME 1'OF LIQUOR THE DEPARTMENT CHARGES A$13 FEE In addition to other fingerprint fees,a$22 DPS background checkf be charged for each fingerprint card. Liquor2License # The fees allowed by A.R.S.6 44-6862 will be charged for all dishonored checks, 4- I 0 t(_J 91 (If the location Is currently licensed) 1 Check I C(,Controlling Person Agent Manager(Only) appropriate /_ (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box —♦ Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2 Name' Kvitko Michael Scott Date of BirthallIMIIIIIIK Last First Middle (NOT a Public Record) 3 Social Security Number Drivers License#-.1111111.11r State:NC (NOT a public record) (NOT a public record) 4 Place of Birth. Garfield Heights OHIO USA Height. 5'9" Weight 177 Eyes. L. Hair Gray City State Country (not county) 5 Marital Status Single i Married Divorced Widowed 6 Name of Current or Most Recent Spouse. Kvitko Donna Sue Blbler Date of Birth (List all for last 6 years-Use additional sheet If necessary) Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? California If Arizona,date of residency 8 Telephone number to contact you during business hours for any questions regarding this document 323-595-9855 9 If you have been an Arizona resident f rf r less than three(3)months,submit a copy of your Arizona driver's license or voter/� registration card 10. Name of Licensed Premises' 99w ` nly Stores At"24"1 Premises Phone.y&)""1g3 qI6 11 Physical Location of Licensed Premises Address. TOO ) w acktk.ciirzux ( _ A-.Ixl 3822'_ Street Address Do not use PO Box#) City County + Zip 12 List your em.loyment or type of business during the past five(5)years.If unemployed part of the time,list those dates List most recent 1st. FROM r TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 11/2012 CURRENT Chief Merchandising Officer 99 Cents Only Stores 4000 Union Pacific Ave Commerce CA 90023 3/2010 I(f.2Q1.Z Chief Merchandising Officer Variety Wholesalers Inc.218 S Garrett St. Henderson N C 27536 3/2006 31ti010 Sr VP Merchandising Family Dollar 10401 Monroe Rd. Matthews N C. 28105 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five(5)years' FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own _If rented,attach additional sheet with name,address and phone number of landlord City , State Zip 2/2013 CURRENT Rent 275 S. 3rd St. Apt 106 Landlord:Avalon 818-954-8250 Burbank CA 91502 8/2010 2/2013 Own 1329 Caistor Lane Raleigh NC 27614 5/2006 8/2010 Own 8107 Pemswood Street Charlotte NC 28277 1 _ April 16,2012 Disabled Individuals requiring special accommodations,please call the Department(602)642-9027 if you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES' NO If you answered YES,how many hrs/day?_ ,and answer.#14a below. If NO,skip to#15 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES )dNO If the answer to#14a Is"NO",course must be completed before Issuance of a new license or approval on an existing license. 15 Have you been cited,arrested, indicted or summoned into court for violation of ANY law or ordinance, YES ✓ NO regardless of the disposition, even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations,compliance actions or consents,criminal arrest,indictments YES ✓ NO or summonses PENDING against you or ANY entity in which you are now involved? Include only cnminal traffic tickets and complaints 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager YES ✓ NO EVER had a business, professional or Jiauor application or license rejected.deniedsevoked.suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES ✓NO misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person,been an officer, member, &)—,4-140 director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is`YES"YOU MUST attach a signed statement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. ( Michael Scott Kvitko , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete X717:Zge? State of(a"+li cpmici... County of Z 4 UQg f6 A licant) 7� (Signature PP The regoing instrument was ac nowledged before me thj 1. o day of f•O Adak .onth Yeat commiss. --.; a'(O ';// 1 .tip-. Commission#19112963 Day Month v Year (Signatu Ior O• *RYPUBLIC) Notary Public-California t'!►/ Los Angeles County M Comm.Ex rots Jul 20.2016 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age State of County of The foregoing Instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBLIC) Print Name My commission expires on Day Month Year 19 I am currently on pending on multiple locations. Michael Kvitko oambk C- r ,1 jtjti 1? ow. DEPARTMENT OF LIQUOR LICENSES&CONTROL 8 Washington 5th Floor f akc �1 )l� Phoenix AZ 85007-2934 (CO2)542-514,iq jyl l '� 1env QG0 1:1(14 I tRE ( O (M8'O Attention all Local Governing Bodies Social Security;}trd,8irthdafetttifo**or ton is Confidential. This information may be given to b4, local law enforcement agencies for the purpose of ckground,dh ,,wniy�#iut*us be blocked to be unreadable prior to posting 'k, '..,: ;orara rptablic'vre4N` f Read carefully. This Instrument Is'a s�rorn d 'ctitner t.;4Type or print with BLACK INK. An extensive investigation of your iackgroand wall' cortducted. False or incomplete answers could result in criminal prosecutlot2 and the.deg (-oj sublicuent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT,QRY�7IANAGEfic+_%Chf PERSSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT THJS'p,FFlCE FINGERPRINT SoN FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SEl3WICES,013*WPJ.TMENT OF LIQUOR THE DEPARTMENT CHARGES A$13 FEE In addition to other fingerprint fees,a$22 DPS background cheek'fffvgillbe charged for each fingerprint card 'z Liquor 2Liceunse # The fees allowed by A.R.S.5 44-6852 will be charged for all dishonored checks, * 1 D i f J t 1 (lithe location Is currently licensed) 1 Check Controlling Person Agent ✓ Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box--.0 Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2 Name Bscheid Manuel M Date of Birth: Last First Middle (NOT a Public Record) 3.Social Secunty Number: IIIIIIIIIIMP Drivers License#: 1 State. AZ (NOT a public record) (NOT a public record) 4.Place of Birth. Irvine CA USA Height. 5'8 Weight 165 Eyes Cm Hair: Bro City State Country (not county) 5 Marital Status Single ✓ Married Divorced Widowed 6. Name of Current or Most Recent Spouse Bscheid Vanessa Esteban Date of Birth. �� (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) 7. You are a bona fide resident of what state? Arizona If Arizona,date of residency 9/2012 8 Telephone number to contact you during business hours for any questions regarding this document 323-595-4647 9 If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card 10 Name of Licensed Premises 99 Cents Only Store#219 Premises Phone 480-983-9915 11 Physical Location of Licensed Premises Address. 3003 W Apache Trl Apache Junction Pinal 85220 Street Address (Do not use PO Box#) City County Zip 12 List your employment or type of business during the past five(5)years If unemployed part of the time,list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state 8 zip) 2/99 CURRENT DM 99 Cents Only Store 4000 E Union Pacific Ave Commerce CA 90023 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIONS 13 Indicate your residence address for the last five(5)years FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own If rented,attach additional sheet with name,address and phone number of landlord City State Zip 9/12 CURRENT Rent 510 S Extension Rd #2051 Mesa AZ 85210 1/08 9/12 Rent 13908 Parkway Dr Garden Grove CA 92843 April 15,2012 Disabled IndNiduals requiring special accommodations,please call the Department.(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES 'NO If you answered YES,how many hrs/day? , and answer#14a below. If NO,skip to#15. 14a.Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES INO If the answer to#14a is"NO",course must be completed before Issuance of a new license or approval on an existing license. 15 Have you been cited,arrested.indicted or summoned into court for violation of ANY law or ordinance, YES regardless of the disposition, even if dismissed or expunged,within the past ten (10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments YES O or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager ?(YES NO EVER had a business, professional or liquor aaplication or license rejected, denied. re_voked. susaended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES '4O misrepresentation? w 19 Are you NOW or have you EVER held ownership, been a controlling person,been an officer, member, ES Ccri0 director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed statement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED n 20. I, WIPAJA }--{ -heid , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire I have read this questionnaire and all statements are true, correct and complete. X State of AZ— County of 1`-tL..vflo(>o` (Signature of Applicant) i The foregoing instrumenyvas acknowledged before me this Vt day of 3 . RHONDA J RODRIGUEZ Onoszid Year , Notary PublicPublic-Arizona My commission expires on (�\.:�� Maricopa Coun isnio "x�sa �Jl �lKiMber 2s��6 (Signature of NOTAllit PUBLIC) COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. �-7 - State of County of The foregoing instrument was acknowledged before me this X /� �' �� day of 111 Sign re of Control Person or Agent(circle one) Month Year Dvati Niochilvo' Tkumbv. gicr-Ake-F, Print Name _ (Signatdra of NOTARY PUBLIti RHONDA J RODRIGUEZ� My commission expires on 4��•' ►otar Public Arizona D 71 Men i,OM oWe'iCommissiapiras `: Dacambar 28 20111 '13 1? Ltd'. tic,Ahiilii 8c t st Washingtpn,Stk1 Floor BfaQ�i Ix;Arifona•86007 www,az)iggorgov 60i-542-51.41 CERThhICATE`Q.E TITLE 4 TRAINING CtaM ETION (Jb•A(rt pupiicate This* omt Certificates must be cdcitit516 e 1.by a slot rbLdci;irAgi-in j cbu oroviderieinSatieinit,on an original form Full Name(please print) Signature 031oS 1 \' Training Completion Date Type of Training Completed(check Yes or No) ❑Yes No BASIC ®Yes ❑ No ON SALE O� 1� Yet . No MANAGEMENT El Yes ❑ No OFF SALE Certificate Expiration Date ❑'Yes [I No BOTH ❑Yes E3 No OTHER (MANAGEMENT-5 years from completion date) (BASIC-3 years from completion date) If Trainee Is En)ploved 8y A Licensee Name of Licensee Business Name Liquor License M Alcohol Training Program Provider Information Arizona Liquor industry Consultants Company or Individual Name(please print) PO Box 2502 Address Chandler AZ 85244 _ ( 480 , ) 7• ov 2675 City State ?p Daytime Contact Phone a 1 certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Arizona Administrative Code,and the trarnin u curriculum approved by the Department of liquor Licenses and Control Brian Andersen Name of Trainer(please print) / T finer Signature Date Pursuant to A.RS.S 4-112(G;(2),mandatory Tide 4 liquor law training is required priorto the issuance of ail new liquor license applications submitted after November 1,1997. The persons(s)required to attend both the BASIC and MANAGEMENTTrtk 4 liquor law training,on-or off-sale,wilt Indude all of the following: Owner(s) Ucensee/agent or managers)actively involved in daily business operation A valid(not expired)Certificate of Tide 4 Training Completion must be submitxed to the Department of Liquor Licenses and Control before a liquor license application is conside-ed complete. Before acceptance of a manager's questionnaire and/or agent change for an existing liquorlicense,proof of attendance fort eBASICandMANAGEMENT Tide 4 liquor law training(on-or off-sale)is required. 8/2009 Disabled individuals requiring specalaccommodations,please call(602)542-9027 a • Arizona Dr4...``ent of Liquor.1.440 ar and Contp4C3 ,jam '17 Lid'. tic, Cr(11:11 eteehir4OP ;',•14,0 Certificates must be,coi t i y a sf a ,-. `' ' 1 c•' rfij IovideO ink,on an original form. •Fn1f Rattle 'OAT-- :3 a. %-, \f' Si n ture^.. 1` Training Completion Date .417 , \Typeai jp Completed(check Yes or No) t � , :., Yes' No BASIC ®Yes ❑ No ON SALE ` Os J So y' yy i�4.a: `No MANAGEMENT ®Yes ❑ No OFF SALE Certificate Expiration Date ra Y ❑X No BOTH ❑Yes [] No OTHER (MANAGEMENT-5 years from completion date) (BASIC-3 years from completion date) )f Trainee iS Erlpioyed By A Licensee 'C y \1t-S\ovS �°\Cc 'i oN3Ly Sva� tYP kP,\ Name of Licensee Business Name Liquor License it Alcohol Training Program Provider Information Arizona Liquor Industry Consultants Company or individual Name(please print) PO Box 2502 Address Chandler AZ 85244 ( 48Q )Fri 2b75 City State Zip Daytime Contact Phone# I certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Arizona Administrative Code,and the training course curriculum approved by the Department of Liquor Licenses and Control: Brian Andersen Name of Trainer(please print) 03 0S 120 \'' ner Signature Date Pursuant to A.RS.§4-112(G)(2),mandatory Tide 4 liquor taw training is required prior to the issuance of all new liquer license applications submitted after November 1,1997. The persons(s)required to attend both the BASIC and MANAGEMENTTItk 4 liquor law training,on-or off-sale,will indude ail of the following: Owner(s) Licensee/agent or managers)actively involved in daily business operation A valid(not expired)Certificate of Tide 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete. Before acceptance of a managers questionnaire and/or agent change for an existing liquor license,proof of attendance forthe BASIC and MANAGEMENT Tide 4 liquor law training(on-or off sale)Is required. 8/2009 Disabled Individuals requiring spedal accommodations,please call(602)542-9027 1 Affidavit of Manuel Bscheid '13 JUG 17 Liq', i ic. AM1111 Arizona Department of Liquor Licenses&Control (Statement—"Yes"to Questions 15-19) My name is Manuel Bscheid I am 32 years old and work as a District Manager of 99 Cents Only Stores of California,INC. and currently reside at 510S. Extension Rd#2051 Mesa,AZ 85029 My Extended response to"Yes"on questions 15—19 are as follows: 17, Have you or any entity in which you have held ownership, been an officer,member,director or manager EVER had a business, professional or liquor application or license rejected,denied, revoked, suspended or fined in this or any other state? Historically,99 Cents Only Stores has applied for and held alcoholic beverage licenses for many of our stores for many years in good standing To my knowledge there have may have been some brief suspensions, but no revocations,denials,etc. 19.Are you Now or have you EVER held ownership,been a controlling person,been an officer,member, director,or manager on any other liquor license in this or any other state? Yes.99 Cents Only Stores has held alcoholic beverage licenses in California and its wholly owned subsidiary,99 Cents Only Stores Texas Inc.,has held alcoholic beverage licenses in Texas for many years. 1st-•P,pia u r � c;...Q Manuel Bscheid,Being First Duly sworn on oath according to law,deposes and says that he has read the forgoing AFFIDAVIT of Manuel Bscheid by his subscribed,that the matter stated herein is true to the best of his Information,knowledge and belief CS) ) \S i \3 Manuel Bscheid Date OFFICIAL SEAL .,, AUYA F�;'LAWILSON ��Jvrdvl!�` ( tk')� yc�,r r_�hc•State of Artoisp► i�R�t� � t, AR1COPA COUNTY - My Comm Expires March 30,2013 M I ^. 4,06, wit,okiiitadie4imetiow,- :-.1 ,R, .• Home of the Superstition Mountains NOTICE The attached application for a New License, Corporation, Beer and Wine Liquor License submitted for 99 Cents Only Store #219 located at 3003 W. Apache Trail, Apache Junction, Arizona, was posted on the 26th day of June, 2013, at 10:00 a.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the city clerk at city hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter A public hearing will be held Tuesday, July 16, 2013, at the City Council Chambers, 300 E Superstition Blvd., Apache Junction, AZ at 7.00 p m., at which time any objections filed will be heard iez-&-te-e-u x.4 Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •Voice(480)982-8002 •FAX(480)982-7018•TDD(480)983-0095 •www.ajcity.net 300 E Superstition Boulevard, Apache Junction,AZ 85119 AIM Wier °� 011/4:3,4474! Home of the Superstition Mountains it 9 June 26, 2013 Randy Nations 99 Cents Only Store #219 P O. Box 2502 Chandler, AZ 85244 Dear Mr Nations Please be advised that the application for a New License, Corporation, Series 10 Liquor License submitted for 99 Cents Only Store #219, located at 3003 W. Apache Trail, Apache Junction, Arizona, was posted on June 26, 2013, In accordance with state law The Apache Junction City Council will hold a public hearing on July 16, 2013, at 7.00 p.m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time the city council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control. Please note that the city council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Wednesday, July 3, 2013, in order for this application to be placed on the city council agenda If you have any questions concerning this matter, please contact my office at (480) 474-5068. Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8002 •FAX(480)982-7018 •TDD(480)983-0095 •www ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 104 '� + JUNE 24, 2013 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR LIQUOR LICENSE FOR 99 CENTS ONLY STORE #219 Mr. Randy Nations has submitted an application for a New License, Corporation, Series 10 Liquor License for 99 Cents Only Store #219 located at 3003 W Apache Trail, Apache Junction, AZ 85120 Please conduct the necessary inspections and submit your recommendation by Tuesday, July 2, 2013, in order for this item to be on the agenda for the City Council meeting of July 16, 2013 ,iv District Ace �4 it Arizoa$ `�61Up� • '1' oFmiu0,ioq ��►,.f'Z Apache Junction Fire District ;N*' ;��.,''�. ,�! 565 North Idaho Road, Apache Junction, AZ 85219 ' �'�fnJst�`�' Phone (480) 982-4440, Fax (480) 982-0183o„ .,_ "irrnal�r ,, MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Jct,AZ 85119 FROM John Sumga,Deputy Fire Marshal <- DATE June 26,2013 SUBJECT Application for Liquor License for 3003 W Apache Trail,99 Cent Store#219 The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 3003 W Apache Trail, (99 Cent Store) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You JOS ATTN Application Page 1 of 1 From: Glen Durkin Sent: Thursday,June 27, 2013 1:59 M To: Janet Mason Cc: Jeff Robinson Subject: 99 cent store liquor license I contacted Asst. Manager Darleen Alverez regarding this request. The store manager is on vacation. She told me the alcoholic beverages will be located in their interior'Gourmet' cooler area.This is located in the rear of the store, at the south-west corner. The employees will undergo liquor training,though a trainer, educated in the Arizona Dept of Liquor. '.. The window of the 99 Cent store is posted with the application. The coolers, will not need to be secured due to the 99 Cents Stores hours of operation. I did not see any challenges with this application. Sgt Glen Durkin Apache Junction Police Department Apache Junction, AZ 85219 p file://S:'Liquor\2013 99 cents only pd recommendation.htm 7/3/2013 Page 1 of 1 From: Rudy Esquivias Sent: Wednesday,July 03,2013 11:02 AM To: Janet Mason;Jeff Robinson Cc: Brad Steinke Subject: RE: Liquor license application for 99 Cents Only Store Jan: The Planning Division has no objections to this request by 99 Cents Only Store to sell liquor The property is zoned C-3/PD(General Commercial District by Planned Development) The C-3 base zone allows liquor sales in general As it relates to the approved PD ordinance,this established general retail department-type-of-store offering liquor sales as an additional item should not be a problem Safeway does it in the same shopping center. Furthermore,there do not appear to be any schools or churches within 300 feet of the 99-Cent Store occupancy. Ads oEbriviaS Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@a-lcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7.00am to 6:00pm, closed Fridays and Holidays.) From: Janet Mason Sent:Tuesday, June 25, 2013 10.55 AM To: Jeff Robinson; Rudy Esquivias Subject: Liquor license application for 99 Cents Only Store We have received a liquor license application for a new 99 Cents Only Store located at 3003 W.Apache Trail Please have your department recommendation to me no later than Tuesday,July 2,so that this may be on the July 16 meeting agenda. Thanks. file://S.1Liquor\2013 99 cents only planning recommendation.htm 7/3/2013 ROLL CALL VOTE NOTES tj.)\ ;0 C\C\ 9:kJ\ fl 1 tP\\1) ITEM # O�` MEET NG OF , 1ti MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY / COUNCILMEMBER WILSON 11/ COUNCILMEMBER RIZZI 1 MAYOR INSALACO l UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL • bk ITEM NO. 9 I MOVE THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR 99 CENTS ONLY STORE#219, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL a ., ,T=€.� City of Apache Junction, Arizona 300 E Superstition i., Boulevard }� o; Agenda Item Cover Sheet Apache Junction AZ 85119 11/4 Agenda Item No 10 �dt �' File ID: 13-166 Sponsor: Matt Busby Agenda Date•7/16/2013 Index: Economic Development In Control City Council Meeting ..., Consideration of approval of Resolution No 13-30 expressing support for the Southeast Arizona Land Exchange and Conservation Act, urging the United States Senate and House of Representatives to promptly enact the bill and recognizing Resolution Copper Company for its investments and efforts to develop a new copper mine and enhance the local, state, and regional economies Consideration and action At the July 2, 2013 City Council Regular Session council directed staff to prepare a resolution of support for the Southeast Arizona Land Exchange and Conservation Act related to the Resolution Copper Mine project Attachments City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 RESOLUTION NO. 13-30 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION ACT, URGING THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES TO PROMPTLY ENACT THE BILL AND RECOGNIZING RESOLUTION COPPER COMPANY FOR ITS INVESTMENTS AND EFFORTS TO DEVELOP A NEW COPPER MINE AND ENHANCE THE LOCAL, STATE, AND REGIONAL ECONOMIES Amok WHEREAS, Mayor John Insalaco, on behalf of the city council and the City of Apache Junction, wrote a letter dated February 7, 2012 to Senator John Kyl and Representative Paul Gosar expressing support of the Resolution Copper Project and the Southeast Arizona Land Exchange and Conservation Act ; and WHEREAS, the City of Apache Junction recognizes the importance of regional economic development , and WHEREAS, the City of Apache Junction recognizes the significant role that copper mining has played in the history of the State of Arizona for more than 100 years; and WHEREAS, Resolution Copper has stated that they are actively engaged in the development of an environmentally sound, socially responsible underground mining project in and around the Oak Flat area near the Town of Superior, Arizona; and WHEREAS, the City of Apache Junction understands the positive financial impacts of the project and recognizes that there may be possible negative cultural impacts associated with these bills and the proposed copper mine; and WHEREAS, the City of Apache Junction recognizes that Resolution Copper will complete all the necessary environmental impact studies related to the project prior to any commercial mining and will make every effort to remedy any negative environmental impacts; and WHEREAS, the City of Apache Junction understands the importance of the Southeast Arizona Land Exchange and Conservation Act and Arizona' s economic future and urges both houses of Congress to expeditiously pass this legislation NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction hereby declare full RESOLUTION NO 13-30 PAGE 1 OF 2 support for the Southeast Arizona Land Exchange and Conservation Act and the development of the Resolution Copper mine PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 , and SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO 13-30 PAGE 2 OF 2 ROLL CALL VOTE\19NOTES: ( 1 I WI P ITEM # , MEETING OF 4\pLi MOTION BY: SECONDED BY / YES NO ABSTAINED COUNCILMEMBER SERDY V COUNCILMEMBER RIZZI f COUNCILMEMBER EVANS J COUNCILMEMBER WILSON j COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL I V lk ia Oak ITEM NO. 10 I MOVE THAT RESOLUTION NO 13-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION ACT, URGING THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES TO PROMPTLY ENACT THE BILL AND RECOGNIZING RESOLUTION COPPER COMPANY FOR ITS INVESTMENTS AND EFFORTS TO DEVELOP A NEW COPPER MINE AND ENHANCE THE LOCAL, STATE AND REGIONAL ECONOMIES, (BE APPROVED) OR (BE DENIED). A .. , City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 Agenda Item Cover Sheet �►� j Agenda Item No. 11 File ID. 13-163 Sponsor Kathy Connelly Agenda Date: 7/16/2013 Index. Communication Outreach In Control.City Council Meeting Appointment to fill vacancy on Health and Human Service Commission Interviews were held at the work session of July 15, 2013 This item gives the council the opportunity to appoint someone to fill the vacant position should they choose to do so at this time The appointment will expire on October 31, 2014 Consideration and appointment. Attachments 2013 hhs vacancy appointment City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 eiN JULY 2, 2013 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R HOFFMAN,CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR REGULAR MEETING OF JULY 16,2013 APPOINTMENT TO HEALTH AND HUMAN SERVICES COMMISSION With the election of Councilmember Rizzi,required resignations from city boards and commission have left some vacancies that need to be filled One of the vacancies is on the Health and Human Services Commission Interviews for this vacancy were held at the work session of July 15,2013. The applicants scheduled to be interviewed were Georgiana Elias, Robert Lenz and Karen Sundt This item gives the council the opportunity to appoint someone to fill the vacant position if they choose to do so at this time The appointment will expire on October 31,2014 Please contact me if you have any questions ROLL CALL VOTE oi NOTES: �/ / /9 ITEM # l MEETING OF ttiMOTION BY: fik SECONDED BY: AGES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY l� COUNCILMEMBER WALDRON , COUNCILMEMBER RIZZI COUNCLMEMBER EVANS /fir MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES 02C1(- 1111911 ) ITEM # v MEETING O MOTION BY 01/411) SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON t COUNCILMEMBER EVANS U COUNCILMEMBER SERDY V COUNCILMEMBER WILSON COUNCILMEMBER RIZZI i MAYOR INSALACO �. UNANIMOUS IN FAVOR OP OSED ABSTAINED TOTAL v `' ROLL CALL VOTE NOTES /(1' / J lX sk) ) 0 (5 ITEM # MEETING OF MOTION BY SECONDED BY YE,S NO ABSTAINED COUNCILMEMBER SERDY �// COUNCILMEMBER RIZZI V COUNCILMEMBER EVANS COUNCILMEMBER WILSON ✓ COUNCILMEMBER WALDRON j/ VXEN/ `61BlBn MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: \\J? 1 W' Y k' V ITEM # if-VMEETING 1/ 47 1/3 4\r„ MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON ���/ / COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI ,/ COUNCILMEMBER SERDY / MAYOR INSALACO V/ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL V ROLL CALL VOTE NOTES: V it/iITEM # MEETING OF I I GNJ MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON VICE MAYOR BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES °/U ITEM # MEETIN OF MOTION BY: SECONDED BY / YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER COUNCLMEMBER EVANS 'f MAYOR INSALACO UNANIMO/JS IN FAVOR OPPOSED ABSTAINED TOTAL �� ITEM NO. 11 I MOVE THAT BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2014. AO Ilis City of Apache Junction, Arizona 300 E Superstition . Boulevard O Agenda Item Cover Sheet Apache Junction,AZ 85119 11‘ '` —vti, Agenda Item No 12 .r40 File ID: 13-164 Sponsor Brad Steinke Agenda Date•7/16/2013 Index Community Development In Control City Council Meeting Appointment to fill a vacancy on the Planning and Zoning Commission Interviews were conducted at the July 15 city council work session This appointment will expire on October 31, 2014 Consideration and appointment Attachments P&Z Appt pdf Amok City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 ApACHf✓ ? City of Apache Junction Development Services Department To• Mayor and City Council From• Brad Steinke,Director of Development Services Date• July 3,2013 RE• Planning Commissioner Appointment At the July 15, 2013, meeting, the City Council interviewed residents who were interested in being appomted to the Planning and Zoning Commission. This appointment will replace Ms Christa Rizzi who was recently elected to the Council The term for this appointment will expire on October 31, 2014 Recommendation Staff recommends that the Council appoint a new member to begin immediately em 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5082 • Fax(480)982-7010 ROLL CALL VOTE NOTES: J ;\ \ � 1 ITEM #___A3__ W MEETI OF MOTION BY: IV.Dv SECONDED BY YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON j B JCOUNCILMEMBER SERDY I COUNCILMEMBER EVANS COUNCILMEMBER WALDRON V MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL i , Nk ITEM NO. 12 I MOVE THAT BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2014 City of Apache Junction, Arizona 300E Superstition r Boulevard ,is6; Agenda Item Cover Sheet Apache Junction,AZ 85119 No. ` Agenda item No 13 'r, kt File ID: 13-175 Sponsor George Hoffman Agenda Date•7/16/2013 Index In Control City Council Meeting Appointment to fill a board member vacancy on the City of Apache Junction Municipal Property Corporation Interviews were conducted at the July 15, 2013 city council work session The appointment will expire on October 31, 2013 Consideration and appointment Attachments MPC Application-Luciano Buzzin, Municipal Property Corporation Memo to Council pdf City of Apache Junction,Arizona Page 1 Printed on 7/8/2013 ( SiS -2.----,q6;;;\ City of Apache Junction '� ,t Home of the Superstition Mountains DATE. JULY 3, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER FROM BARBARA DUFT, ADMINISTRATIVE ASSISTANT SUBJECT MUNICIPAL PROPERTY CORPORATION At this time there is one vacancy created by the resignation of Councilmember-Elect Christa Rizzi whose term was scheduled to expire on October 31, 2013 As of this date, we have received one application from Mr. Luciano Buzzin. We had an additional application on file from 2012, but that applicant did not return phone calls regarding his interest in being considered for appointment. Interviews were conducted at the July 15 work session. Please contact me if you have any questions. ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER COUNCLMEMBER EVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /ow Imo ow. ITEM NO. 13 I MOVE THAT BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2013. ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 14 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M , AND A WORK SESSION AT 7.00 P M , BE HELD ON MONDAY, AUGUST 5, 2013, 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, AUGUST 6, 2013, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: \IL) REG I U) 0 SPEC: CITY COUNCIL: P / A P // A P / A MAYOR INSALACO iF, / VICE MAYOR BARKER i/ / COUNCILMEMBER EVANS / . //' COUNCILMEMBER RIZZI V0 COUNCILMEMBER SERDY i1 V COUNCILMEMBER WALDRON / 1� COUNCILMEMBER WILSON l " '✓ TOTAL lI / 1 I CITY STAFF ' I (� City Manager George Hoffman / Assistant City Manager Bryant \ •, J Powell \ L ` City Clerk Kathleen Connelly ✓ V City Attorney Joel Stern I V Deputy Chief Tom Kelly �(7N-1 pr\ Public Works Director Giao I 1 Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager / // Matt Busby OTHERS kr,,,?9) . , 0 r ? _ 1\ 0 it 67 / • cP (V' 5 Date: - J le -1 CITY OF APACHE JUNCTION Please select an option: ` REQUEST TO SPEAK FORM Item No. 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. :5`? icsst-r Name (Print) I5 // CA-e--r-u5 � I ► 9 Address City Zip Code //_,r i4t3 Telephone Email address- This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. ,onsent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12