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HomeMy WebLinkAbout1986 12.15 City Council Work Session Agenda APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 1001 N IDAHO ROAD, APACHE JUNCTION, AZ MONDAY, DECEMBER 15, 1986, 7 00 P M TUESDAY, DECEMBER 16, 1986, 6 00 P.M. (if required) Adak AGENDA 1. Call to Order 2 Roll Call 3. Discussion on agenda items for December 16th regular meeting 4. Discussion on request from Pinal-Gila Council for Senior Citizens for community center improvements (Community Services) 5. Discussion on Proposed Ordinance No. 555 - Personnel Polices (City Manager) 6 Discussion on street improvement funding (Public Works) 7. Discussion on five year street improvement plan (Vice Mayor Bakkedahl) 8 Discussion on lot split regulations (Vice Mayor Bakkedahl) 9. Discussion on Ironwood Road drainage (Vice Mayor Bakkedahl) 10 Discussion on request for Council direction on substandard development (Planning Department) 11 Discussion on trash container regulations (Councilwoman Gardner) 12. Discussion on Mesa option for sewage treatment (Councilman Baljo) 13 Calendar reports 14 Requests for future agenda items 15. Reminder of scheduled Executive Session 16 Adjournment Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office, 1001 N Idaho Road, Apache Junction, AZ, Monday through Friday, 8:00 a.m. to 5 00 p.m., excluding holidays. Dated this 11th day of December, 1986 Kathleen Connelly City Clerk PQ\CHE ✓0 w‘ itt\,`,#1. ci \\\ 'IRIzoNP 'ity o, pache unction December 11 , 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ACTING CITY MANAGER/CITY CLERKI/b/ SUBJECT: PROPOSED ORDINANCE NO. 555 - PERSONNEL POLICIES The attached ordinance proposes to make certain changes to the city's personnel policies regarding the hiring of relatives within departments of the city as well as the hiring of council member relatives. This ordinance also reflects recent changes in federal law regarding the hiring of illegal aliens . These changes will be discussed at the December 15th work session prior to placement for action at the January 6th regular meeting. kmc 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982 8002 No 11 LAWS AND REGULATIONS 70 209 Immigration Reform and Control Act of 1986 The Immigration Reform Act, which is designed to control illegal immigration to the U S , prohibits employment of unauthorized foreign nationals Coverage— All employers and employment agencies are barred from hiring, continuing to employ, or referring aliens who are not authorized to work in the U S Requirements — Employers must verify that job applicants are either U S citizens or aliens authorized to work in the U.S. by examining a document or combination of documents that attest to employment eligibility and identity Documents that employers may accept as evidence that an applicant is not an unauthorized alien include any one of the following: a U S passport; certificate of U S citizenship; naturalization certificate; unexpired foreign passport that allows the individual to work in the U S , or a resident alien card with a photograph of the individual or other personal identifying information that would satisfy the Attorney General. Applicants also may provide proof of their employment eligibility by submitting either a social security card or birth certificate, along with a driver's license or state-issued ID card containing a photograph The employer is not responsible for verifying the accuracy of documents submitted by an applicant as long as they appear to be genuine If the applicant is hired, both the employer and the new-hire must sign a government form verifying that the individual properly established U S citizenship or authorization to work in the country Employers are required to retain the verification form for at least three years after the applicant was hired or for one year after the date of termination Fines from $100 to $1,00 will be levied for verification and recordkeeping violations. Sanctions — The law, which became effective November 6, 1986, specifies that for each illegal alien hired, employers may be subject to a fine of$250 to $2,000 for the first offense, $2,000 to $5,000 for a second offense, and $3,000 to $10,000 for subsequent offenses A "pattern" of hiring illegal aliens could earn an employer a $3,000 fine and six months in jail While there is no exemption for small em- ployers, no fines will be levied during a six month "education" period following the law's enactment Moreover, during the next 12 months employers will receive "cease and desist" warnings before being subject to the full sanctions However, following the receipt of a cease and desist warning, the cited em- ployer will be subject to civil penalties for subsequent violations, even if the citation period of one year under the law has not expired All employers are covered by the sanctions provisions Discrimination—A special counsel in the Justice Department will enforce the law's antidiscrimina- tion provision; individuals who allege discrimination on the basis of national origin or citizenship status may file complaints with this office However, filing of complaints under the citizenship status clause will be limited to citizens and to legal aliens who "evidence an intention to become citizens " Individuals charging discrimination must establish a "discriminatory intent" standard of proof, rather than the "disparate impact" standard permitted under Title VII of the Civil Rights Act of 1964 The law does not amend Title VII, and duplicate charges may not be filed with both the Equal Employment Opportunity Commission and the special counsel Another provision of the law states that it will not be "an unfair immigration-related employment practice" for an employer to hire a citizen over an equally qualified alien. Employers with three or fewer workers are exempt from the antidiscrimination provisions, while employers with more than three or fewer than 15 employees are covered by the provisions prohibiting national origin and citizenship status discrimination Employers Copyright c 1986 by The Bureau of National Affairs,Inc 63 ORDINANCE NO. 555 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION, ARTICLE 3-10 PERSONNEL SYSTEM, PERTAINING TO HIRING OF RELATIVES AND REPORTS AND RECORDS, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY /mak BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL The Chapter 3 ADMINISTRATION, Article 3-10 PERSONNEL SYSTEM, be amended to read as follows ARTICLE 3-10 PERSONNEL SYSTEM A That certain document entitled City of Apache Junction Personnel Policies be amended to read as follows RULE III CONDITIONS OF EMPLOYMENT Section 1. Loyalty Oath All employees are required to sign a loyalty oath (Oath of Office) upon employment with the City as required by §38-231 of the Arizona Revised Statutes. RULE VIII. METHOD OF FILLING VACANCIES Section 2 Hiring of Relatives The City shall not permit permanent employees related by blood or marriage to the degree as follows• parent, child, grandparents, grandchildren, brothers, sisters (of the one-half as well as the whole), uncles, aunts, nieces, nephews, or mother-in-law, father-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law or their spouses to work within the same department This rule shall also apply to step and adoptive relationships to the same degree of con- sanguinity. If one or more of the relationships outlined above are created by City employees working within the same department, then one or more of the employees must be transferred. If there is no immediate vacant posi- tion to which to transfer, then the transfer will be accomplished at the earliest practical date If two people working within the same department marry, they shall be transferred or relocated within the City as soon as practical so as to insure that they do not work within the same department. All family relationships existing within the same department prior to December 1986 shall be grandfathered. No family member, as defined above, of a City Council member or the City Manager shall be employed by the City of Apache Junction during that individual's tenure. RULE XXIV. REPORTS AND RECORDS Section 3 Employee Records It is the policy of the City of Apache Junction to keep employee per- sonnel records confidential in the best interest of each employee Employee records that are considered to be public records are available to anyone with an appropriate appointment and request These records include such information as an employee's name, date of hire, classifi- cation, grade, present rate of pay, and duties performed. Information ORDINANCE NO 555 PAGE 1 of 3 3 obtained for business use and contained in the personnel files is not a matter of public record and should not be generally accessible to everyone Employee personnel records maintained by the City should be accessible to the following A City Manager, Personnel Officer, Department Head, and super- visor of the employee B The employee for review of his or her own individual person- nel file (this shall be by prearranged time with the Personnel Office and would not include removing records from the office, however, a person may obtain a copy of such records. C Personnel Board officials only when reviewing an employee grievance. D Personnel records that are subpoenaed. E. Any person or organization that receives a signed written release statement from the employee whose records are in question. After November 6, 1986, all applicants, prior to being hired by the City of Apache Junction, shall be required to provide verification that the applicant is either a United States citizen or an alien authorized to work in the United States. Acceptable documentary evidence that an applicant is not an unauthorized alien include any one of the following: - A U.S. passport, - Certification of United States citizenship, naturalization certificate, - Unexpired foreign passport that allows the individual to work in the United States, - A resident alien card with a photograph of the individual or it other personal identifying information that would satisfy the Attorney General, - Social Security card or birth certificate along with a dri- ver's license or state-issued ID card containing a pho- tograph. Once hired, both the applicant and the City shall sign a government form verifying that the individual properly established U.S. citi- zenship or authorization to work in the country. The City shall retain the verification form for at least three years after the applicant is "Imi` hired or for one year after the date of termination. SECTION II. REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provi- sions of this ordinance or any part of the Code adopted herein by reference are hereby repealed. SECTION III. PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this ordinance or any part of the Code adopted herein by reference is, for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. ORDINANCE NO 555 PAGE 2 of 3 r► �s Amok PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 1986 SIGNED AND ATTESTED TO THIS DAY OF , 1986. NORMAN S. HILL Mayor Am\ ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM DAVID F. ALEXANDER City Attorney I lm ORDINANCE NO. 555 PAGF 1 of 1 ...., ...., rps CHE�G2o ,,, .3 I t - { - ur qR/ZpNP Vity o 0 pache unction DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT November 25, 1986 ^ MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM• % CHUCK NEWCOMER, DIRECTOR OF PLANNING THROUGH: Cr KATHY CONNELLY, ACTING CITY MANAGER N'I SUBJECT. REQUEST FOR COUNCIL DIRECTION - SUBSTANDARD DEVELOPMENT For the past few years, staff from Public Works, Building, and Planning has repeatedly expressed concern over the current city policy of allowing urban and suburban residential development densities without the necessary corresponding improvements for the increased vehicular traffic, pedestrians, and stormwater runoff caused directly by this new development. There are options for dealing with this situation some of which have been suc- cesful in other cities• 1 . Require that public improvement be installed for all development with certain provisions for exempting or postponing improvements for low density housing, isolated lots, etc. 2. Same as option #1 , but also using state statute authorized procedures to pave streets adjacent to undeveloped property and assess the pro- perty owner the cost of improvements. If development of the site does not occur within 10 years, the assessment is removed. 3. Require improvement at time of lot split (not authorized by state statutes, but employed by other cities) . 4. Amend our residential zoning districts establishing large (30-40,000 square feet) lots with a density bonus granted to a small lot size if all improvements are installed, either through subdivision, improve- ment district, or installation by the developer or lot purchaser. In comparison to other cities in the Valley, we are the only one I could dis- cover, which permits development without requiring corresponding improvements. 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 HONORABLE MAYOR AND PIKY COUNCIL SUBSTANDARD DEVELOPML NOVEMBER 25, 1986 PAGE TWO RECOMMENDATION The problem is compounding, with no relief in sight. Scarce city funds need to be put to use for projects of city-wide benefit such as sewer, and improvement of major transportation arteries as the Freeway access roads, and not to relieve neighborhood problems caused by a lack of standards which allows development not to pay its own way. It is also very discriminatory to require subdividers and commercial developers to help improve our city while allowing others to ignore proper development standards and practices and shift their obligations to the general public. Please consider this situation and give some direction to staff on how you would like to proceed. This is a serious policy-level decision and I do not feel comfortable in proceeding independently. CRN:jo cc: Director of Public Works Building/Zoning Official its o� &iipache o9unction INTERDEPARTMENTAL MEMORANDUM DATE: December 4, 1986 TO: Acting City Manager THRU: FROM: Director of Public Works SUBJECT: Street Improvements At the City Council work session on December 1st, Councilman Bakkedahl commen- ted on street improvements to Tufa Street, east of Ocotillo, and 20th Avenue, east of Tomahawk. With this year's Public Works budget, we provided a list of projects to the City Manager for street improvements. Tufa Street was listed as project number 15 out of a list of 42 projects. With the preparation of the budget, 20th Avenue, east of Tomahawk, was not included; however, on July 16th, Mr. Joseph Winslow contacted our office to request the paving of 20th Avenue from Tomahawk to Wickiup. Mr. Winslow's request, along with other requests, are being noted and will be incorporated in the projects list for next year's budget. As we previously discussed, it appears that the approval of Pinal County's 0 sales tax for street improvements will significantly impact and reduce the City's street improvement and maintenance programs. We continually receive more requests for improvements than there is money available. Currently we are attempting to complete projects that have been previously engineered. More recently, the Council has expressed interest in an intergovernmental agreement with Final County for improvements to Ironwood Drive, south of Southern Avenue. Construction of the Meridian/Broadway intersection is immi- nent. Just last night, we discussed construction of median crossovers on US60 and realignment of Idaho Road at SR88. With cracksealing, chipsealing, inter- section improvements, storm drain improvements, and regular street maintenance, the dollars are spread extremely thin. We continually look for ways to cut corners and stretch the dollars as far as possible, but the fact remains that there are more demands than funds available. These are just some of the concerns I wished to bring to the Council's atten- tion at the last study session; however, time required that comments be post- poned to a later date. Hopefully, a way can be found to increase funding for street improvements and maintenance in next year's budget. We are presently starting our street program update which will subsequently involve the City's Transportation Board in the review and prioritization of projects. RWB:sh File 100.01