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HomeMy WebLinkAbout2014 11.17 City Council Work Session Agenda re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall A ends 300 E.Superstition Blvd. \ - g Apache Junction,AZ \Ri_ZONr 85119 City Council Work Session apachejunctionaz.gov Ph:(480)982-8002 Monday, November 17,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 14-552 Presentation and discussion by staff and Dan Taylor, Chief Executive Officer, East Valley Adult Resources, regarding redirecting city funds from the Fiscal Year(FY) 2014-15 Ride Choice program to the senior van transportation program for FY 14-15 and consider continuing such funding for future budget years. Due to a funding shortage, Mr. Taylor is requesting that the council consider redirecting funds already approved for the FY 14-15 Ride Choice program to the senior van transportation program for FY 14-15 and for future years. Discussion only. Sponsors: Kathy Connelly Attachments: 2014 van transportation request ws and ds 2014 van transportation request attachments 2. 14-549 Presentation and discussion by staff and members of the health and human services commission regarding the Fiscal Year 2014-2015 health and human services funding recommendations. Members of the health and human services commission will be present to answer any of the council's questions on these recommendations. Direction to staff will be requested at the November 18 meeting. Presentation and discussion. Sponsors: Kathy Connelly Attachments: 2014-15 RECC.MEM Article 2-14 14 COMPARIS 2013-14 caafa agreement INTERVIEW 2014 1TR City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Work Session Agenda November 17,2014 3. 14-540 Presentation and discussion on case PZ-4-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of several properties (approximately 7 acres) at the southeast corner of US60 and S. Tomahawk Road, from General Rural Low Density Single-family Detached Residential (RS-GR) and High Density Multi-family Residential (RM-3)to General Commercial District by Planned Development (B-1/PD). Presentation and discussion. Sponsors: Rudy Esquivias Attachments: PZ-4-14 CC WS Cover Memo PZ-4-14 PZ PH rep w attach 4. 14-541 Presentation and discussion on case PZ-5-14, a request by Hector and Yvonne Martinez, and Robert and Jeanette Power, represented by Hector Martinez, for approval of a rezoning for their 0.68-acre property located at 1407 S. Meridian Drive, from Medium/High Density Single-family Detached Residential (RS-7M) to General Commercial District by Planned Development (B-1/PD). Presentation and discussion. Sponsors: Rudy Esquivias Attachments: PZ-5-14 CC WS Cover Memo PZ-5-14 PZ PH rep w attach 5. 14-544 Presentation and discussion on Juvenile Court Hearing Officer appointment. Presentation and discussion. Sponsors: James Hazel Attachments: Memo to Council 6. 14-547 Presentation and discussion on the City of Apache Junction's new online job application module. Presentation and discussion. Sponsors: Bryant Powell 7. 14-533 Discussion on legal advertising agreement with the Arizona Republic for a one year period commencing January 1, 2015 through December 31, 2015. Discussion only. Sponsors: Kathy Connelly Attachments: 2015 az republic agreement 2015 AZ republic agreement attachments 2015 az republic agreement ARS sections City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Work Session Agenda November 17,2014 D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at: 300 East Superstition Boulevard,Apache Junction,AZ The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. City of Apache Junction,Arizona Page 3 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 14-552 Sponsor: Kathy Connelly Agenda Date: 11/17/2014 Index: In Control: City Council Work Session Presentation and discussion by staff and Dan Taylor, Chief Executive Officer, East Valley Adult Resources, regarding redirecting city funds from the Fiscal Year(FY)2014-15 Ride Choice program to the senior van transportation program for FY 14-15 and consider continuing such funding for future budget years. Due to a funding shortage, Mr. Taylor is requesting that the council consider redirecting funds already approved for the FY 14-15 Ride Choice program to the senior van transportation program for FY 14-15 and for future years. Discussion only. City of Apache Junction,Arizona Page 1 Printed on 611512026 NOVEMBER 5, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: WORK SESSION ITEM FOR NOVEMBER 17, 2014 AND REGULAR MEETING ITEM FOR NOVEMBER 18, 2014 — REQUEST FROM EAST VALLEY ADULT RESOURCES TO REDIRECT FUNDS Mr. Dan Taylor, Chief Executive Officer for East Valley Adult Resources, has submitted a request for the mayor and council to redirect funds from the FY 2014-15 Ride Choice program to the FY 2014-15 senior van transportation program for the balance of the fiscal year. He is also requesting this funding for future fiscal years as funds are available. The Ride Choice program has been in place since 2003. It provides transportation for elderly city residents 60 years old and older and disabled adult city residents who are 18 years old and older. Individuals are reimbursed for providing transportation to these groups at the rate of 440 per mile up to 200 miles per month per person. The council approved the FY 2014-15 Ride Choice agreement on August 19, 2014 in the amount of $26,432.00. The first quarter use reimbursement (July-August-September 2014) was $5,522.52 leaving a balance of$20,909.48 not including any services provided on or after October 1, 2014. In a related item, Mr. Taylor also submitted a request in January 2014 to the Health and Human Services Commission for funding for the van transportation program in the amount of $40,000. In meeting with the commission on October 29, 2014, he instead requested $20,000 to cover the program for the remainder of the fiscal year. The commission subsequently chose not to provide any funding for this program. The commission's full funding recommendations for FY 2014-15 appear elsewhere on this agenda. Attached is Mr. Taylor's request, the cover memo given to you when you approved the Ride Choice agreement on August 19, 2014 and the current agreement. Direction is needed in order for staff to prepare for any further action or to leave the funding as it now stands. Should you instruct staff to redirect the funds, we will bring back an agenda item at your December 2nd meeting which will modify the Ride Choice agreement and redirect funds to the balance of the FY 2014-15 van transportation program. Funding for future years will be part of your budget discussions at that time. Please let me know if you have any questions. Attachments: Letter from Dan Taylor Cover memo from city council dated July 8, 2014 FY14-15 Ride Choice agreement APACHE JUNCTION ACTIVE ADULT CENTER Senior Transportation Options in the City of Apache Junction Introduction: East Valley Adult Resources, Inc. (EVAR) is now in its 18th year of providing programs and services to older adults in the Apache Junction community. Since the opening of the Multigenerational Center in 2005, the Apache Junction Active Adult Center has grown significantly serving 1,500 seniors annually, providing a wide array of programs and services. Last year over 30,000 meals were provided in the community. The number one issue for seniors for the last twenty years has been transportation. Through the assistance of the City of Apache Junction, EVAR has been able to provide two choices for persons needing assistance. 1. Van Transportation is provided daily (Monday— Friday); the Apache Junction Center operates four vehicles assisting Apache Junction seniors (8,000 trips annually). Van Transportation currently receives funds from the Council for Senior Citizens ($20,000) and 5310 (State funds) for $18,750. The program has had a third funding source which was the Lottery profits which the City of Apache Junction City Council annually designated for this service until 2011 when it was swept into the State General Fund. Since then EVAR has been trying to find another funding source to maintain the van transportation. The projected annual cost for van transport is $67,872 (projected costs attached). 2. Ride Choice, a mileage reimbursement program, utilizing volunteers; the City of Apache Junction has been funding this program for the last 10 years and this year's contract is for $26,432. Request: Over the past two years, EVAR has been meeting with City of Apache Junction staff to try to find a solution to this lack of adequate funding for Van Transportation. It was suggested that we apply to the Gila River Indian Community and one grant was approved which provided needed funding in 2012. But the last two requests have not been approved (October 2013 and 2014). In addition EVAR pursued advertising on the vans which was projected to bring in $10,000 annually. Three months after the contract was signed, EVAR was informed that the company could not find any businesses that wanted to participate. The program is now running a monthly deficit, and it cannot continue in this way. It is projected based on known funding that the deficit will be $24,872 this year. EVAR simply does not have the funds to continue van transportation without another funding source. Therefore the only way EVAR will be able to continue to serve Apache Junction seniors with transportation is to discontinue the Ride Choice program and utilize previously approved Ride Choice funds to maintain Van Transportation. 1 Transition: One of the major concerns when eliminating a service is the impact on the clients. First there will be a 30 day transition period, and during that timeframe EVAR will work with each of the current 27 active clients beginning with a home visit from our Apache Junction Outreach Specialist. She will explain the change and find out their current transportation needs. Our goal will be to help them in at least one of three ways. 1. Register them for the Van Transportation program which will provide access to the Center, grocery shopping, medical appointments, prescription pick-up and haircuts. 2. Utilize EVAR's Assistance for Independent Living Volunteer Services to find a volunteer to meet their transportation needs. In addition, the Outreach Specialist will contact the current volunteer to see if they would continue without mileage reimbursement. 3. Review other options, i.e., church attendance; contacts that can be made to see what options might be able available. This coordinated process will provide all current clients with transportation options. EVAR feels strongly that it is vital that all of the current clients remain independent and in the community. Solution: EVAR would respectfully request that City of Apache Junction transfer funds from Apache Junction Ride Choice to Van Transportation in order to maintain senior transportation in the City of Apache Junction. EVAR would respectfully request that consideration be given to continue this funding annually as City funds are available. 2 Van Transportation Projected Budget FY 2014-15 Projected revenue: Council for Senior Citizens: $20,000 5310: $18,750 Suggested donation: $ 4,250 Total $43,000 Projected expenses: Wages and Salaries: $42,044 Van costs (maintenance, gasoline, insurance): $25,047 Misc.: $ 781 Total: $67,872 Deficit: $24,872 3 PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") THIS AGREEMENT is made and entered into this �d y of 46-&S-7- 2014, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC., a 501(c)(3) non-profit corporation ("Contractor") for the project entitled "Mileage Reimbursement Incentive Program" (also known as "Ride Choice"). RECITALS A. In previous Town Hall meetings with citizens, transportation was identified as an important issue within the City of Apache Junction. B. The City has historically assisted the elderly and disabled in their transportation needs as a public service. C. Arizona Revised Statutes Annotated ("A.R.S.") § 9-500.11(A) allows the City to appropriate and spend public monies for and in connection with economic development activities. D. A.R.S. § 9-500.11(c) defines "economic development activities" to include any project assistance, undertaking, program or study that the City Council finds and determines to improve and enhance the economic welfare of the inhabitants of the City. E. The City finds that assisting the elderly and disabled in their transportation needs is an important and valuable service which enhances the economic welfare of inhabitants in the City. F. An objective of the 1999 General Plan Circulation Element is to provide alternative transportation opportunities by providing low cost transportation for the elderly. G. Contractor's Ride Choice program is a mileage reimbursement program that was initiated in the City of Mesa in 1999. H. In 2003, the Apache Junction Mayor and City Council approved Eleven Thousand Five Hundred Dollars ($11,500.00) for the planning and initial implementation of the Enabling Transportation ("ET") Program for Fiscal Year 2003-2004. I. Service began in January 2004 in the City of Apache Junction for the elderly. 1 J. In August 2004, September 2005, and September 2006 the Apache Junction Mayor and City Council approved $30,000 for the continuation of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the Mayor and City Council budgeted $33,960; in 2008 budgeted $33,040; and in 2009, 2010, 2011, 2012 and 2013 budgeted $26,432 respectively for the Ride Choice Program. AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services required according to the terms and conditions and for the consideration set forth below: 1. CONTRACTOR'S DUTIES: Contractor agrees to perform the following professional services in connection with the Project: A. In General: Contractor will facilitate the Ride Choice to encourage drivers to provide transportation for persons who have difficulty utilizing existing transportation systems. The utilization of this reimbursement incentive is for the senior (sixty (60) years old and over) and disabled adults (18 years of age and older), all of whom shall be residents of the City of Apache Junction. Trip purposes are restricted to the following primary destinations except for political activities excluding voting: Apache Junction Active Adult Center and Multigenerational Centers; medical appointments; grocery shopping; personal errands; banking; and volunteer work. The incentive will provide reimbursement to enrollees (drivers) at a rate of forty- four cents ($0.44) per mile. Participants' reimbursement shall be limited to a monthly maximum of two hundred (200) miles. B. Certification/Marketing: Contractor will be responsible for participant certification and reimbursement distribution. Contractor staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals. Marketing efforts shall include the development of promotional items, displays and marketing campaigns to 2 current clients and potential clients to promote program usage. C. Staff Support: Staff support shall include but not be limited to: participant certification, travel verification, reimbursement request authorization, coupon dispersal and payment distribution. Contractor will be responsible for all accounting and related record keeping. 2. COMPENSATION: The Contractor shall be reimbursed for its reasonable costs in performing the services in an amount not exceed Twenty-Six Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1, 2014 through June 30, 2015 as broken down more specifically in Section 4 below. To receive payment, Contractor shall present to the City accurate and properly itemized invoices. Such invoices shall be presented quarterly. All payments made to the Contractor under this Agreement are conditioned upon the City receiving the funds projected to be available for expenditure hereunder. The City shall not be liable for any purchases or contracts entered into by the Contractor in anticipation of receiving payments under this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2014 through June 30, 2015, and shall be subject to annual renewals as negotiated by the parties. 4. CONTRACTOR'S BILLING: Contractor shall bill City with quarterly invoices within the budgeted amounts set forth below. City shall pay such billings within thirty (30) calendar days upon being presented acceptable invoices. Budget Request FY 2014-2015 Item Maximum Reimbursement Amount 1) Reimbursement $12,320.00 2) Staff support $12,800.00 3) Printing, postage, telephone $ 720.00 4) Marketing and Brochures, etc. $ 592.00 Total $26,432.00 5. CONTRACTOR'S STANDARD OF PERFORMANCE: While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 3 Consultant shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 6. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Contractor: Daniel H. Taylor Executive Director 45 W. University Drive Suite A Mesa, AZ 85201-5831 7. TERMINATION: This Agreement may be terminated by either party upon fifteen (15) calendar days written notice. If this Agreement is terminated, Contractor shall be paid for all uncontested services performed to the date of receipt of such termination notice. 8. SUBCONTRACTORS: The duties under this agreement cannot be subcontracted in any form. 9. RECORDS AND EXPENSES: Records of Contractor's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. Contractor shall maintain financial records which enable the City to determine whether funds provided under this Agreement are being expended according to the budget supporting City funds as set forth in Section 4 of this Agreement. The City may also request Contractor to provide an accounting of expenses to be supplied to City within thirty (30) calendar days after the City makes such request. Should the City determine that Contractor has violated the budget limitations, the City may at its sole discretion terminate this Agreement pursuant to Section 7 above. 10. INSURANCE: The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. 4 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. The Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. The Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. 5 Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply 6 with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and are maintained so during the term of this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire or is cancelled during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration or cancellation date. All Certificates of Insurance must include this thirty (30) day notice provision in its cancellation clause. Failure to provide the thirty (30) day notice will constitute a material breach of contract. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City at the time of execution of this Agreement and shall include the City , its Mayor, City Council, appointees and employees as an additional insured parties. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and Its officers and employees are added as additional insureds under this policy." 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 7 12. FORCE MAJEURE: Neither the City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 13. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officers, officials, agents and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of the Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable. 8 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Contractor to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant. 16. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information as well as all data prepared or assembled in any other form by Contractor under this Agreement, shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files. 18. BUSINESS AND PRIVILEGE LICENSES: Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same business and privilege license regulations on any subconsultants, and Contractor ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business license shall be 9 converted to a privilege license by the Contractor and any subconsultants through the City Clerk's Office. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Contractor. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Contractor shall not assign any monies due or to become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 23. POLITICAL ACTIVITIES: As a community service-based organization, Consultant is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or 10 employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity. The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies that employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274E of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. 11 CONSULTANT: By: DANIEL TAYLO Title: Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation Uf'CQ),�n'�— By: JO N S. INSALACO Title: Mayor ATTE T: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: <,4, r7 -11.ILI J. STERN City Attorney 12 JULY 8, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR AUGUST 4, 2014 WORK SESSION AND AUGUST 19, 2014 REGULAR MEETING — RIDE CHOICE AGREEMENT Since 2003, the city has provided transportation funding through East Valley Adult Resources for elderly city residents 60 years of age and older and disabled adult city residents (18 years of age and older). The program, initially known as Enabling Transportation, started operation in January 2004 with a funding level of $11,500. For fiscal years 2004, 2005 and 2006, funding was in the amount of$30,000; $33,960 in FY 2007 and $33,040 for FY 2008. Even though other service providers experienced a 20% reduction in FY 08-09, this program escaped that cutback by one meeting. Since FY 09-10 the program did receive the 20% reduction and was funded in the amount of$26,432.00. The recommendation for FY 14-15 is to continue to provide funding in the amount of $26,432. The funding will provide mileage reimbursement for 28,000 miles at 440 per mile up to a maximum of 200 miles per month per person. The additional amount will cover staff support to monitor the program, marketing and brochures and normal office costs. This agreement will be placed on your consent agenda for the August 19 meeting. Please contact me if you have any questions. Attachments: Ride Choice Program proposal Ride Choice Agreement for FY 2013-2014 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 14-549 Sponsor: Kathy Connelly Agenda Date: 11/17/2014 Index: In Control: City Council Work Session Presentation and discussion by staff and members of the health and human services commission regarding the Fiscal Year 2014-2015 health and human services funding recommendations. Members of the health and human services commission will be present to answer any of the council's questions on these recommendations. Direction to staff will be requested at the November 18 meeting. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 NOVEMBER 3, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR NOVEMBER 17 WORK SESSION AND NOVEMBER 18 REGULAR MEETING (FY 2014-2015 HUMAN SERVICES FUNDING RECOMMENDATIONS) The Health & Human Services Commission, as required by City Code, met recently to discuss and review FY 2014-2015 human services funding requests, to interview qualified applicants and to formulate their recommendations to the City Council. The commission opted to interview all of the agencies. The city received applications from a total of four agencies in the following amounts: 1. Apache Junction Reach Out, Inc.(Food Bank) $30,000 2. Boys & Girls Club (Apache Junction Branch) 25,000 3. Community Alliance Against Family Abuse 18,000 4. East Valley Adult Resources (congregate meals) 15,000 (home-delivered meals) 15,000 5. East Valley Adult Resources (van transportation) 40,000 Total $143,000 With the understanding that$100,000 had been allocated in the current fiscal year budget for human services funding, and based upon agency compliance with the requirements of City Code Article 2-14, their related human service agreements and their demonstrated ability to provide direct services to city residents, the commission members voted unanimously to make the following recommendations for FY 2014-2015: 1. Apache Junction Reach Out Food Bank-$32,000, with the stipulation that the funds be used to provide emergency food to city residents only and for utility costs to maintain the food and freezers at the food bank facility. Quarterly reports must meet city requirements. When filing their funding request in January 2014, the food bank asked for $30,000. During their presentation to the commission on October 29th, food bank representatives mentioned that they are no longer receiving free food through St. Mary's Food Bank. This has caused a decrease of 18,000 pounds of food per month. They can still purchase food through St. Mary's Food Bank. This has created an unexpected burden on their resources which was not known in January. The commission took this into consideration and recommended that the food bank be funded at $32,000 for FY 2014-15. 2. Boys & Girls Club (Apache Junction Branch) - $20,000, with the stipulation that the funds be used for Project Learn, an educational enhancement program and for after school and intersession programs. The funds must be spent on city residents only and quarterly reports must meet city requirements. 3. Community Alliance Against Family Abuse - $18,000, with the stipulation that the funds be used for an intervention program for families affected by domestic abuse, to include empowerment sessions, legal advocacy services and general advocacy services. The funds must be spent on city residents only and quarterly reports must meet city requirements. 4. East Valley Adult Resources -$15,000 for congregate meals for city residents at the senior center, transportation services to and from the center, and $15,000 for home- delivered meals to city residents. All funds must be used for city residents only. Quarterly reports must meet city requirements. Total of recommendations - $100,000. Provisions of standard human services contracts will remain in place to include the requirements that each agency designate a primary and secondary contact person and that their names/telephone numbers be provided to the city clerk; that all reports and other records submitted to the city be typed or prepared via word processor and be submitted in person or by first class mail; that handwritten records and reports are unacceptable; that the person assigned to completing and filing the quarterly reports be familiar with the terms and requirements of the agreement in order to avoid processing errors and delays; and that each agency be advised that the original purpose of the human services funding was to provide "start up" monies for human services agencies for programs and not to provide annual funding for an indefinite period of time. Continual requests make it difficult for new agencies to also obtain funding. Should any agency default in their contract, the unused funds may be distributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. These contracts also contain a provision regarding restrictions on political activities as is now included in all city agreements with nonprofit entities. Members of the Health and Human Services Commission will be present at the November 17 work session to answer your questions on these recommendations. Direction to staff will be requested at the November 18 meeting. If so directed, the contracts will be placed on the December 2 consent agenda items at which time you can approve them or opt to continue them to a later date. Attachments:City Code Article 2-14 Funding Comparison Table Sample contract Sample invitation letter of October 23, 2014 ALP Page 30 of 42 F1MIli11 A ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE Section 2,141 Requests for nmymfil funding $ 14-2 Requests for financial assistance § 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Arty non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific tlocumentafion including, but not limited to. Me following: A copy of the agencys most recerd audit report, a banged copy of the agency's most recent financial statement. detailed expendhure statements in order to provide a detailed accounting of all funds previously received from the city: complete information on the source and amount of funding received from all other sources such as non- governmental agencies, membership fees and dues, and private contributions. client service information as it apples to residents of fie city: proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by- laws and adides of incispomten the source and amount of funding received from other governmental agencies; the name and addresses of current board members. and any other documentation as may be deemed necessary by the cdy. (R) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shah be required to submit to the dry, on a comedy basis, a detailed accounting athe expentlifure of city funds for the previous quarter, a wrimen report outlining the agency's performance and accomplishments within the scope of wodr outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with fire provisions of the contrail. (C) Comrect squired;procedure /or distribution offunds. (1) All city funds allocated orgranrted to any non-profit agency shall bed by means of a written contract based upon services to be provided to or worn to be performed on behalf of the city and its residents in compliance with Me provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or htlp'dwwwamlegatwm/ gatewsy.dll/Arizona/apachejundion_sz/chepte1Mmyorcou... 11/22011 ALP Page 31 of 42 quarterly payments based upon a schedule of anticipated expenses which has been approved by fhe Mayor and Council. No subsequent quattedy allocation or grant shall be released until such time Mat the mceiving agency has provided all of the required documentation for Me previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulatad In their contract with the city. 0) SubmlRel ofmquesfs forlurding. All funding ra hiesfe submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to Me City Clark's office during Me month of January of each year. Requests so accounted! Mall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent Most year. (Ord. 659, passed 11-119911) § 244-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shalt comply with the following stipulations and condition: (A) All requests shall be filed by or on behalf of a valid. non- profit organization as qualified by Me Internal Revenue Service and as registered with the Aratona Secretary of State. Anzona Corporation Commission or other appropriate state office. The registration shall be current add documentation of such status erg registration shall be provided st the time aft request. This article shall not apply b governmental or quasigovemmemal jurisdictions, (B) All requests shall be submitted to Me City Clark during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget, (C) All requests received in accodence with division (B) above shall he feferred M Me appropriate dry board or commission for purposes or review end recommendation to Me Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk. the requirements of this eructs may he waved by ac ion of Me Council. It is preferable, however, even in such instances, for the request to receive a review and recommendanon from the appropriate city board or commission. (Prior Cope, Art. 244) . 'ARTICLE 2.15: INDUSTRIAL hltp.11w vamagal.cemlnNgatewaydlVArizon0apachejunctlon__adchapte2mayomou.. 1122D11 HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 AGENCY -08 -09 -10 -11 -12 -13 -14 -15 Apache Junction Reach Out Food 20,000 20,000 14,400 14,400 20,000 25,000 30,000 30,000 Bank, Inc. 18,000 14,400 14,400 14,400 20,000 25,000 30,000 Boys and Girls Club of Apache Junction 36,800 30,000 30,000 20,000 30,000 30,000 20,000 25,000 20,000 12,800 11,000 13,600 8,000 8,000 11,000 Community Action Human Resources 8,000 8,000 8,000 NA NA NA NA NA Agency(CAHRA) 8,000 6,400 8,000 Community Alliance Against Family 15,000 12,000 18,000 12,000 14,500 14,500 14,000 18,000 Abuse (CAAFA) 12,000 9,600 6,700 12,000 14,500 14,000 14,000 East Valley Adult Resources (for 40,000 43,000 40,000 30,000 30,000 30,000 30,000 30,000 Apache Junction Senior Center 30,000 24,000 24,900 24,000 25,000 26,000 30,000 East Valley Adult Resources (for van NA NA NA NA NA NA 45,000 40,000 transportation) 0 Junior Achievement NA 5,000 5,000 NA NA NA NA NA 0 0 Mountain Health and Wellness 17,500 16,000 15,000 20,000 23,000 23,000 15,000 NA (formerly Superstition Mountain Mental 12,000 12,800 15,000 16,000 12,500 12,000 0 Health) United Food Bank NA 8,000 NA NA NA NA NA NA 0 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM COMMUNITY ALLIANCE AGAINST FAMILY ABUSE THIS AGREEMENT is made and entered into this day of 2013, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and COMMUNITY ALLIANCE AGAINST FAMILY ABUSE, a health and human services provider ("Services Provider") for the City's human services program. WHEREAS, pursuant to Apache Junction City Code("AJCC"),Volume 1,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance,the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs; and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers far Fiscal Year 2013-2014; and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 5, 2013, the City Council passed and adopted the 2013- 2014 Fiscal Year budget,which included funding for health and human services for specific health and human services providers; and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section 1 (3), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be p=ided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide intervention services in the amount of$14,000 for individuals and families affected by domestic abuse to include empowerment sessions, legal advocacy services and general advocacy services. B. Assistance shall be provided to residents of the City of Apache Junction and only as documented by Services Provider. Page 1 of 8 C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of,4,,pache Junction. Use or acceptance of any other form of identification must be approved in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2014-15 to City on or before January 31, 2014. E. File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section; advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2- 14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2014-15. Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or Page 2 of 8 exceptions must be requested in writing and granted in writing priorto the filing deadline. The maximum allowable extension will be five(5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiarwith the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $14,000 for Fiscal Year 2013-2014 for services identified in Section 1, "Services Provider's Duties". B. Compensation shall be in equal quarterly payments of $3,500.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in thiG agreement. C. Early release of program funding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. A E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Page 3 of 8 I Junction City Council, should any of the agencies receiving Fiscal Year 2013-14 funding be unable to meet the requirements of AJCC Article 2- 14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, retained in the general fund., 3. TERM: This Agreement shall be effective beginning July 1, 2013 through June 30, 2014, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE,: While performing the services, Services Provider sh;A exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Kathleen Connelly City Clerk ' City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider Community Alliance Against Family Abuse P.O. Box 3778 Apache Junction, AZ 85117 8. TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services. performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliverto City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall,within ten(10)calendar days Page 4 of 8 after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall crpate any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS.: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 1 12. UNCONTROLLABLE FORCES: City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following: strikes, lockouts, embargoes,failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13. INDEMNIFICATION: Services Provider shall defend, indemnify, and hold City, its ofl•icers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents. This section shall survive the expiration or early termination of the Agreement. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. Page 5 of 8 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Service Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 1 16. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 1 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider, Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either expre6s or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, Page 6 of 8 and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 23. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. Page 7 of 8 SERVICES PROVIDER: COMMUNITY ALLIANCE AGAINST FAMILY ABUSE By: Title: Chairperson/Board President By: Title: Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Page 8 of 8 October 23, 2014 Ramon Elias, CEO Boys and Girls Club of the East Valley 1405 E. Guadalupe Road Suite 4 Tempe, AZ 85283 Dear Mr. Elias: The Apache Junction Health & Human Services Commission will be conducting a review of applicants for city human services funding for Fiscal Year 2014-2015 at their next regular meeting. The commission has requested that representatives of your agency be present at the meeting to be held Wednesday, October 29, 2014, at the City Clerk Conference Room, 300 E. Superstition Blvd., Apache Junction, Arizona. The time scheduled for your organization is shown on the enclosed schedule. It is the intent of the commission to allow each agency 10 minutes to present information regarding their respective requests and an additional 5 minutes to answer commissioners' questions. This is the only meeting at which the commission will hear your agency's presentation. The commission is requesting information on each agency's current and future programs and how the economy has impacted your organization. Please be sure that your representatives are able to provide this information in detail. The Commission has also requested that your agency have specific individuals present at the meeting for the following purpose: 1. Your representatives should be able to answer questions regarding use of funds, programs and record keeping. 2. Your representatives should be prepared to answer questions and provide information on other funding applications and fund raising efforts. The commission will be formulating their recommendations for funding immediately Human Services Funding Applicants for FY 2014-15 Page 2 October 23, 2014 following all presentations. All recommendations are forwarded to the Apache Junction City Council for final approval and award of contract for services. If you will be unable to give a presentation on October 29 or have any questions regarding the procedures, please contact me at (480) 474-5061 or Deputy City Clerk Jan Mason at (480) 474-5068. Sincerely, Kathleen Connelly City Clerk Enclosure: Interview Schedule City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 3. '+PizoN* File ID: 14-540 Sponsor: Rudy Esquivias Agenda Date: 11/17/2014 Index: In Control: City Council Work Session Presentation and discussion on case PZ-4-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of several properties (approximately 7 acres) at the southeast corner of US60 and S. Tomahawk Road, from General Rural Low Density Single-family Detached Residential (RS-GR) and High Density Multi-family Residential (RM-3)to General Commercial District by Planned Development (B-1/PD). Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 pp pCHg Z City of Apache Junction gRIZoNP Development Services Department Date : November 4, 2014 To: Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: November 17, 2014, City Council Work Session Item: PZ-4-14 Mesa Development Corp/JBW Investments LLC/John Wharton Rezoning Request Background The above ownership entities, represented by John Wharton, are proposing to rezone the +/-7-acre property at the southeast corner of US60 and S . Tomahawk Road from RS-GR (General Rural Low Density Single-family Detached Residential) and RM-3 (High Density Multi-family Residential) to B-1/PD (General Commercial District by Planned Development) . The rezoning proposal seeks to create a commercial, retail and employment opportunity area for a future developer. The rezoning is being processed concurrently with an annexation request for the properties . If the properties are not annexed, no action can be taken on the rezoning. Planning and Zoning Commission Recommendation On October 28, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the rezoning by a vote of 7 to 0, subject to all of Staff' s recommended conditions . There was no public comment on the rezoning request. Attachments: PZ Staff Report from October 28, 2014, with all attachments. CityApacheof Junction ° Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 28 , 2014 CASE NUMBER: PZ-4-14 APPLICANTS/OWNERS: Mesa Development Corporation and JBW Investments LLC. REPRESENTATIVE: Jahn Wharton REQUEST: Subject properties are concurrently being annexed into the City. Upon successful annexation, they will be assigned City zoning districts of RS-GR General Rural (equivalent to Pinal County' s GR zone) and RM-3 Multi-Family Residences (equivalent to County' s CR-4 zone) . Request is to rezone all properties to B-1/PD (General Commercial District by Planned Development) . LOCATION: The properties, totaling approximately 7 acres (including some ADOT right-of-way) , are located at the southeast corner of US60 and S . Tomahawk Road. GENERAL PLAN/ ZONING DESIGNATION: High Density Residential, maximum density of 20 dwelling units per acre . The north +/-234 ' is zoned RS-GR, and the south +/- 250' is zoned RM-3 . SURROUNDING USES: North: US60 (not zoned) ; South: Denali MH Park (zoned Pinal County MHP) ; East : Denali MH Park (County MHP) ; West : Horne Ford (city-zoned B-1/PD) . PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 2 OF 7 BACKGROUND The subject properties consist of 6 individual lots owned by the applicants , plus some freeway right-of-way area (see PZ-4-14 vicinity and aerial maps) . The properties are currently under Pinal County jurisdiction. The private lots have been previously developed with apartments, a small RV park and a couple of single-family homes . The homes and the apartments still exist, but the RV park use appears to have been discontinued years ago. Back in 2010 , Mr. Wharton discussed with City Staff the possibility of annexing the properties into the City and redeveloping them with a hotel, a couple of restaurant pads and a retail or office building (see Mr. Wharton' s letter to the Council and the proposed conceptual site plan from 2010) . Planning Staff was very receptive to the concept plan, but unfortunately, the economy was in a downturn and the project was not realized. Then in June of this year, Mr. Wharton returned and went through the city' s Preliminary Development Review (PDR) process, seeking comments on his proposal to being annexed and rezoning the properties to commercial . His idea was basically to rezone the properties in order to create two development sites . Approx- imately 1 . 25 acres of the site was carved out for a hotel along Tomahawk and the rest of the site was proposed for RV, boat and mini-storage (see PDR concept plan) . PDR team members again expressed positive interest in getting the properties annexed into the City, but we relayed to Mr. Wharton that the previous 2010 plan for a commercial development was much preferred over the new plan, which included 3 . 75 acres of RV storage . PROPOSAL Mr. Wharton is now requesting that the city annex his properties and rezone them to commercial . Concurrent with this rezoning request, annexation case AN-2-14 is in process for the annexation of the subject properties . Mr. Wharton does not plan to develop the properties, but instead proposes to create an opportunity for future commercial developers, including apparently, a hotel operator who still has interest in the property. He has submitted the concept plan for a multi-tenant development site (from 2010) along with the rezoning application PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 3 OF 7 as an illustration of how the property may be developed in the future . Procedurally, the properties would need to be annexed by the city first, and during that process given city zoning designations which are most similar to the zoning districts currently assigned by the county; and then, upon a successful annexation of the properties, rezoning of the properties to commercial (B-1/PD) would follow. If the annexation is not successful, then the rezoning will not proceed, leaving the properties under Pinal County jurisdiction and with their existing zoning designations and uses . PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The subject site and the property immediately to the east and south (Denali MH Park) is designated "high density residential" , likely because of the existing apartment zoning on part of both properties and to allow for additional future multi-family redevelopment near the freeway. The Horne Ford property to the west of the site is designated "community commercial" . North of the site is the freeway. Because the size (+/-7 acres) of the subject site is less than 10 acres, this commercial rezoning request is considered a minor amendment to the General Plan. zoning/Site Context: The existing apartment zoning on part of the property is appropriate for a high traffic volume major interchange, while the GR zoning seems out of place . The proposed B-1/PD zoning is compatible with the commercial uses to the west of the site . With proper land use controls such as landscape, screening and setback buffers ; and by limiting the palette of uses on the site under the planned development zoning, a compatible commercial development site can be reasonably integrated at this location, next to the residential development . The fact that the site is adjacent to a full freeway interchange generally lends itself more to commercial and higher intensity uses . Planned Development Zoning: There is not a definitive development plan for these properties, but the proposed zoning is planned development . Therefore, any proposal to develop the site will have to conform to city development standards for setbacks, heights, lot coverage, PZ-4-14 {Mesa Dev/JBW/Wharton} PAGE 4 OF 7 parking, landscaping, on-site and off-site improvements, and commercial design standards . Staff will also suggest for the Commission' s consideration a palette of uses conducive to creating employment, generating sales taxes , and providing for neighborhood and/or traveler services . If deviations from standard requirements or different uses are proposed at the time of development, then a future developer will need to process another PD amendment for their specific development plan. Infrastructure Improvements: The eventual developers of the property will need to extend all necessary services to the site, including sewer. Lack of sewer service to the property is probably the main thing that is keeping the property from being developed to its full potential . The annexation of the property will allow sewer service to be extended to the site . Access to Tomahawk is also basically limited to the very south 50 feet of the property. However, 50 feet is more than adequate for a wide ingress/egress access point to a commercial development site . Need for additional improvements such as streetlights, fire hydrants, drainage structures, etc . , in accordance with the city' s engineering requirements will also need to be determined at the time of development . Public Input: Staff will present a summary of public input comments, if any, at the Commission' s public hearing on October 28 . Thus far, no public comments or inquiries have been received. PLANNING AND ZONING COMMISSION WORK SESSION At their work session on October 14 , the Commissioners seemed receptive to the rezoning concept . There were questions/ comments concerning: the ADOT area and whether that would get rezoned (answer - city zoning does not apply to right-of-way, much less freeway right-of-way) ; limiting the palette of uses to exclude undesirable uses (see suggested condition #6) ; Commissioners liked the idea that another rezoning or PD amendment request would come back to them if a future developer wanted to do something different than what the city' s development standards require or if they wanted to deviate from the palette of uses ; Commissioners also preferred commercial, retail and office uses over RV and boat storage . PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 5 OF 7 PLANNING DIVISION RECOMMENDATION Planning Staff offers the following Recommended Motion, along with the following recommended conditions of approval, should the Commission wish to forward a recommendation of approval to the City Council . RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-4-14 , a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of their properties , located at the southeast corner of S . Tomahawk Road and US60 , from RS-GR (General Rural) and RM-3 (Multiple-family Residences) to B-1/PD (General Commercial by Planned Development) , subject to the following conditions of approval : 1) The subject property shall be substantially developed within two (2) years of this rezoning approval, or the zoning may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-6-H- 1 (b) . 2) All signage on the property shall comply with the City' s Sign Code . 3 ) All development on the property is subject to proper permits and inspections . 4) All development on the property is subject to compliance with all other adopted City codes and ordinances, including but not necessarily limited to, the City' s Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines . 5) The developer of the property shall dedicate to the City any additional right-of-way as may be required by the City Engineer, at the time of development of the subject site . PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 6 OF 7 6) In order to create a commercial, retail, office development opportunity on the rezoned properties, while still observing sensitivity to surrounding residential neighborhoods , future uses on the B-1/PD-zoned properties shall include those uses normally allowed under the B-1 base zone, except for the following uses : manufactured/ mobile home sales; semi-truck service or repair; pawn shop; tattoo and/or piercing establishment; massage establishment; swap meet; RV parks and campgrounds; RV, boat or vehicle storage; horse boarding or riding stables; contractor yard; commercial parking lots and garages; outdoor storage, assembly or repair business of any kind; general warehouse and mini-storage warehouses ; taxi or shuttle business ; rescue mission, soup kitchen or homeless shelter; second-hand or used merchandise stores ; used auto sales; medical marijuana uses; single-family and other residential uses ; other uses determined by the Zoning Administrator to be incompatible with the intent of the planned development zoning. 7) The developer of the property may combine parcels and re- designate right-of-way and/or access and utility easements within the subject site boundaries as may be necessary at the time of development . Further division of the properties or the creation of additional parcels shall not be allowed, unless the developer proceeds through a subdivision process . 8) Any request for deviation from the city' s development standards or for uses determined by the Zoning Administrator to not be conducive to creating a commercial, retail, office opportunity shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate . 9) The subject site may be developed in phases, with the necessary public or private improvements for service, access and health and safety to be constructed with each phase as necessary and/or as determined by the Building Official or the Fire Marshall . PZ-4-14 (Mesa ; ev/JBW/ arton) PAGE 7 of 7 Prepar d y I Esquivias Senior P er/i oning Administrator Attachments: Exhibit 41 - PZ-4-14 Application Exhibit 42 - Vicinity and Zoning Map Exhibit #3 - Aerial images of property Exhibit 44 - June 24, 2014, letter to Mayor and Council Exhibit #5 - Mixed use development concept plan from 2010 Exhibit #6 - PDR plan for hotel and RV storage pads Pp a H U EXHIBIT A: Planning and Zoning Application Form q q�ZpN Office Use Only: Filing Date Staff Fees Received Case TYPE OF APPLICATION Annexation —Abandonment(Plat/Easement/ROW) _Board of Adjustment Cargo Container Permit —Certificate of Legal Nonconformity —Conditional Use Permit Development Agreement _Development Plan Review •T•General Plan Amendment _Lot Splits,Joins&Adjustments _Ordinance Text Amendment Planned Development Rezoning Preliminary/Final Plat _Preliminary Development Review —Sign Permit Special Use Permit _Temporary Use Permits Zoning Map Amendment Other SITE INFORMATION SITE ADDRESS/LOCATION T�yr�Jr .S JUM.4 R t-J!C A5SE550R5 PARCEL NUMBER C�J) /C GROSS AREA Y-90 4 NET AREA //� EXISTINGZONING { BRIEF DESCRIPTION OF THE PROPOSED REQUEST: --7 APPLICANT INFORMATION / n Property Owner(s) /�/_��rr ?Jr/yP��� �i0- Guul la LJ_i�k�'s�r1 � S• L C Address Phone Number Fax Number Email Applicant Contact Person/Project Manager 1 yA� Address 1 L,l6, x s S r &1 r ',S`L.Yec /J V Ta-r- Phone Number S Fax Number Email Architect/Engineer Address Phone Number Fax Number Email OWNERS SIGNATURE /�G�/ CJ DATE w� 6-18-2014 versi n `� � (1/ ✓�<= Ll>C!� _ /� EXHIBIT B PROPERTY OWNER CERTIFICATION FORM I/We certify that; I/We are the owner(s) of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application. I/We understand that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I//W�e, Vn2 (s) of the property in this application, have appointed 11 , ( as my/our representative agent I/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relation to this matter should be delivered to him/her. PLEASE PRINT Property Owner `^-' 11 l/►' S L ~C Address Phone Number Fax Number Email Property Owner Address Phone Number Fax Number Email Property Owner Address Phone Number Fax Number Email STATE OF ARIZONA ) The forego inStrume was acknowledged before n �iay o 20ef.COUNTY OF PINAL ) Nota ublic ,1 My Commission Expires. 7 l5l 6-18-2014 version Notary Pubfic State of Arizona Pinal County *Angola M Muscolino My Con.*sion EYvres 4enar1oi7 EXHIBIT B PROPERTY OWNER CERTIFICATION FORM I/We certify that: I/We are the owner(s) of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application Instructions and have truthfully completed this application. I/We understand that the City has the option of either approval or denial of this request following conduct of a Public Hearing.) I/We,/ being the owner(s) of the property In this application, have appointed d N 1�� 4CZ/ as my/our representative agent. I/We have authorized him/her to do whatever Is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relatlon to this matter should be delivered to him/her. PLEASE PRINT 1 Property Owner��_ �LIZ e� Address i 5�5Eh Phone Number 410 3U(,0 Fax Number Ema 02 30 r Property Owner Address Phone Number Fax Number Email Property Owner Address Phone Number Fax Number Email STATE 0 The fore g Ing Instrument was acknowledged b fore met is day of 20 . COUNTY OF FINAL ) Notary Public ,a°"�• LESLIE OLSON NOTARY PUBLIC•STATF OF U' My Commission Expires '1 1 COMMISSION# 61 Y 6.18-2014 version COMM. EXP. 10-13-2014 PZ - 4- 14 REZONNG RUCLU� ei T' FROM 9S -11 AEID RM-3 `r O B-l /pD �C�R CG m mr QC 1 A.L, R T'�.1 Ott 1 cl= OF-VJ---=Ljc-PMV-N7- OPFOV�-rU!I1--{ 19Y i-01Q WA.WT'OM. 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Cd It 11:113�v • . � `__ 1, ,5. r',Mq[7:1rs1�llt l} I]LI iiiiiiiio 41 t p�o,131Mq � � � ��r�rtiRs�� �3 '�► ,1 wandbilik 0 6� t�,t�r�rl►r � - � _�° �.,t1\/trr�alrall�IL!•+t. _ A a-- G c1, .10 tit f_ �• • - ��.-r- I .i June 24, 2014 Honorable John Insalaco and City Council Members City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 RE: The annexation of 4.98 acres of land at the southeast corner of Hwy 60 and Tomahawk Road Dear Mayor Insalaco and City Council Members, I would like to make a request for both the annexation of our property into the city of Apache Junction and along with the rezoning of the property. I have visited the city's Community Development department on a number of occasions to discuss the property and have asked the city for constructive input with regard to annexation and use of the property. At present, the property lies within the Pinal County jurisdiction. It has mixed zoning which as it was originally developed as two separate properties in the 1970's. The county elected to amend the zoning of a portion of the property a few years ago to allow commercial uses. The balance of the property is zoned for multi-family. All utilities are at, or very near, the property line. We had a handshake agreement with Choice Hotels for the development of a Country Inn & Suites prior to the recession. Since that time, the property has been marketed to sale with no serious offers being received in the last few years. Our subsequent discussions with Choice Hotels and others has made it clear that the market has changed and in order to attract a buyer/developer we will need to have zoning in place as the player are simply much more cautious now. My partner and I were hurt badly by the recession. We have roughly $1.6 million dollars cash into the purchase of the properties and still have a mortgage of over $600,000 remaining. The rent from the aging apartments only pays a portion of the monthly payment, maintenance, etc. In short, we are broke. My partner is 83 years old and has no income. We have managed to put together enough money to pay the City's zoning application fees but we do not have funds for elaborate drawings, grading and drainage plans, etc. Practically speaking, some flexibility in the site plan will certainly allow a more rapid development time-frame and engineering would John S. Wharton 4625 S. Lakeshore Drive,Tempe AZ 85282 480-650-8858 Johnwharton@cox.net be required at that time which the developer can pay. We simply do not have the cash, or access to the cash, to hire architects and engineers. I do have previous drawings which are of some help. What I am proposing is the annexation of the property with subsequent development of the site with a hotel and a self-storage facility. The access to the property is somewhat restricted which is why the mini-storage was added to the hotel. This will be made more clear with our application. We sincerely hope to work with you to make this development happen. I will be making application in the next few days. Kind regards, G�- John Wharton, owner John B. Wharton 4625 S. Lakeshore Drive,Tempe AZ 85282 480-650-8858 Johnwharton@cox.net 4 Fal-,: Z w 1 Z t f — I Iu) W°:,i'ei.\'.,::M.r rmww s..•i rw.•�yu..+r.wr0.w.with...•....�.m.L'I.SO.b..rMFY..MeA ryw.r�.�ui�•.s.ww,s'we•dsr•or�1r.,,..,w.,../.r.r rs r.�wtr� u Aso,.+w r.erw'w.'wr a'n•..�;w,� ar��'�..r�w/M'Pr .r®'emu��.�/�r•'ry.a�s�iA•���i,w�-i.ww1A� Yw,-li-1.��..w,ww-�-,��oT lw Riw•1w n-�I�I�Mry.'.ry�� Phi r jile } p R gg I � � I � ��a arb• i I W a V �r �S�e�� e���� CL UD . I fN , (n'd3V 6L'O) llDS ZK'K QVd'1A DS OOZE I I I� I y LUn.ti 1111111 t f ti I sadoy 56'D)'ld'DS m Lb t-, f 00C1�15Vj DSOQO9 '--{' --------- ------- -—-—-—-—-—-— eI/A COPNER ""' .,- SEC TIn4 J4. TIN. ROC vlc l%ITV Yap FCU%C liliMS C:P Sei/4 SELiIdI ]A 11.BA'IG HOLE USGC-SUPERSTITION r9Y TIN. 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Peservatlrra cmtairod In Me Paler► "';,' as tMrrfo of a n.w.w +nrll Ic Furpssel CClrwarnlc ­1 - PAR CONCEPT F N City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. '+PizoN* File ID: 14-541 Sponsor: Rudy Esquivias Agenda Date: 11/17/2014 Index: In Control: City Council Work Session Presentation and discussion on case PZ-5-14, a request by Hector and Yvonne Martinez, and Robert and Jeanette Power, represented by Hector Martinez, for approval of a rezoning for their 0.68-acre property located at 1407 S. Meridian Drive, from Medium/High Density Single-family Detached Residential (RS-7M) to General Commercial District by Planned Development (B-1/PD). Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 pp pCHg Z City of Apache Junction gRIZoNP Development Services Department Date : November 4, 2014 To: Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: November 17, 2014, City Council Work Session Item: PZ-5-14 Hector and Yvonne Martinez, and Robert and Jeanette Power Rezoning Request Background The property owners, represented by Hector Martinez, are proposing to rezone their 0 . 68-acre property at 1407 S . Meridian Drive from RS-7M (Medium/High Density Single-family Detached Residential) to B-1/PD (General Commercial District by Planned Development) . The rezoning proposal seeks to properly zone to commercial a long existing auto repair business, which has operated as a nonconforming use. The applicants had approached Council about a corrective rezoning during the adoption of the city' s new zoning ordinance and zoning maps . Council directed staff to work with the applicants on a City-initiated rezoning which would improve the property and the neighborhood in general . Planning and Zoning Commission Recommendation On October 28, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the rezoning by a vote of 7 to 0, subject to all of Staff' s recommended conditions . There was no public comment on the rezoning request. Attachments: PZ Staff Report from October 28, 2014, with all attachments. City of Apache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 28 , 2014 CASE NUMBER: PZ-5-14 APPLICANTS/OWNERS: Hector and Yvonne M. Martinez (1/2 interest) and Robert L. and Jeanette G. Power (1/2 interest) . REPRESENTATIVE: Hector Martinez REQUEST: An application requesting rezoning for an existing auto repair business from RS-7M (Detached Single-family Residence Zone, Conventional or Manufactured Home Per- mitted) to B-1/PD (General Commercial District by Planned Development) . LOCATION: The property is located at 1407 S . Meridian Drive; the name of the business is Apache Junction Auto Care . GENERAL PLAN DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre . SURROUNDING USES/ ZONING: North: Ginnan' s RV Park (zoned RVP) ; South: Single-family residence (zoned RS-7M) ; East : Daum' s Residential Subdivision (zoned RS-7M) ; West : Manufactured Home Park (Maricopa County) . PZ-5-14 (Martinez/Power/AJ Auto Care) PAGE 2 OF 5 BACKGROUND The subject property is located in one of the older parts of town. The neighborhoods in this part of town, north of 16th Avenue, west of Delaware, developed over the years with a mix of residential subdivisions and land split properties . The subject site resulted through a series of TH land splits many years ago. The old TH zoning in this area predates the incorporation of the City. The recently adopted new city zoning ordinance and zoning maps changed the old zoning from TH to RS-7M. The buildings and business on the lot were established prior to the city adopting its original zoning ordinance in March of 1985 . There are long existing legal nonconforming use and setback issues on this property. The nonconforming issues have constrained the owners from making certain property improve- ments, such as installing a new modern sign and being able to expand their business . During the recent public hearings for the new zoning ordinance adoption, Mr. and Mrs . Martinez requested the City Council to correct the zoning on their property as part of the city wide changes . Council did not change the zoning on the property, but did direct staff to work with the owners within the context of a PD rezoning which would result in improvements to the property and neighborhood in general . If we could arrive at fair trade- offs for the improvement of the property, the Council also directed that this be a city-initiated rezoning. PROPOSAL After several meetings and many e-mail exchanges, Planning Staff and the property owners formulated the attached site plan for the improvement of the property. Basically, as part of the city rezoning of the property from RS-7M to B-1/PD, the owners will : remove their existing sign from out of the right-of-way and install a new sign within their property boundaries; create landscape strips and install plants along the west and southwesterly sides of the property, between their building and the street; install an asphalt driveway and designated parking spaces, including an accessible space; provide screened fencing all the way around their yard area. staff and the owners believe these are fair improvements which will benefit both the curb appeal of the business and the neighborhood in general . PZ-5-14 (Martinez/Power/AJ Auto Care) PAGE 3 OF 5 Once these improvements are complete and if they so desire, at a future date, the owners will be able to make expansions to their business as needed (in compliance with B-1 zone standards) ; which they could not do before, because of the nonconforming issues . Planning Staff Analysis and Findings Relationship to General Plan: The subject site and the properties to the north, east and south are all designated "medium density residential" , which is appropriate to the pattern of development of the neighborhood, which is mostly residential . Because the size (0 . 68 acres) of the subject site is less than 10 acres, this commercial rezoning request is considered a minor amendment to the General Plan. Although the area is medium density residential, staff notes that S . Meridian Drive is dotted with several grandfathered business properties . Zoning/Site Context: Neither the previous nor current zoning of the property allows an auto repair business . The RV park north of the site and the mobile home park to the west of the site are also higher intensity uses, but for the most part it is a quiet residential neighborhood. The proposed B-1/PD zoning seeks to legitimize a use that is already there and for all intent and purposes, is already part of the fabric of the neighborhood. Planned Development Zoning: Any future proposals to expand the business will be done in compliance with all health and safety codes, proper setback allowances and other development standards that may relate to an expanding business use . The PD zoning will also need to incorporate safeguards for possible other future uses , should the auto repair business go away. If deviations from standard requirements or more intense uses are proposed, then the owners may need to process another PD amendment for their specific development plan. Infrastructure Improvements: The site is already served by utilities and no additional infrastructure improvements are being requested as part of this rezoning. However, once again, depending on the nature and intensity of future improvements, if any, other on--site and off- PZ-5-14 (Martinez/Power/AJ Auto Care) PAGE 4 OF 5 site development requirements may apply. Such things would be determined at such time as an expansion proposal was made . Public Input: Staff will present a summary of public input comments, if any, at the Commission' s public hearing on October 28 . Thus far, staff has not received any input or comments from neighbors . PLANNING AND ZONING COMMISSION WORK SESSION At their work session on October 14 , the Commissioners seemed receptive to the rezoning concept and liked the improvements that were being proposed for the property. Questions centered around streetscape and on-site improvements, screening and protecting the neighborhood from more obtrusive uses that could be allowed under the B-1 base zone, should the auto repair business go away. Because of the relatively small size of the property and the low intensity residential nature of the surrounding neighborhood, Staff sensed support for requiring a PD amendment or rezoning for anything other than an auto repair business being conducted on this property. PLANNING DIVISION RECOMMENDATION Planning Staff offers the following Recommended Motion, along with the following recommended conditions of approval, should the Commission wish to forward a recommendation of approval to the City Council . RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-5-14 , a request by Hector and Yvonne M. Martinez, and Robert L. and Jeanette G. Power, represented by Hector Martinez, for a rezoning of their property, located at 1407 S . Meridian Drive, from RS-7M (Detached Single-family Residence Zone, Conventional or Manufactured Home Permitted) to B-1/PD (General Commercial by Planned Development) , subject to the following conditions of approval : 1) Upon rezoning of the property, the site shall be developed in accordance with the submitted site plan within one year of rezoning approval, or the zoning may PZ-5-14 (Martinez/Power/AJ Auto Care) PAGE 5 OF 5 be subject to reversion by legislative action of the City Council . 2) All signage on the property shall comply with the City' s Sign Code, including the removal and/or relocation of the existing sign in the city' s right-of-way, onto the property. 3) All construction proposed on the property, including the installation of new signs , shall be subject to proper permits and inspections . 4) All future construction on the property is subject to compliance with all other adopted City codes and ordinances, including but not necessarily limited to, the city' s Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines . 5) The property owners shall dedicate to the City any additional right-of-way as may be required by the City Engineer. 6) Any request for deviation from the city' s development standards, or for future uses other than auto repair, shall require a separate planned development amendment, re oning, landscape code appeal or conditional use permit cess firs , as may be appropriate . Prepar d y R y squivias Senior P er/Zo t ing Administrator Attachments: Exhibit #1 - PZ-5-14 Application Exhibit #2 - Neighborhood outreach letter Exhibit #3 - vicinity and Zoning Map Exhibit #4 - Aerial image of property Exhibit 95 - Proposed site plan CITY OF APACHE JUNCTION PLANNED DEVELOPMENT AMENDMENTS/TIME EXTENSION/PRELIMINARY PLANNED DEVELOPMENT PLAN REVIEW APPLICATION VWe hereby request for my/our Pfm=d -Development zoned property. The request is as follows: M The case number of the original Planned Development zoning was: l VA Please check appropriate Ietter: I have submitted site plans an/or elevations ❑ 1 have submitted a new development schedule for a Time Extension request. Legal Description of Property (found on County Tax Bill Notices): S&G P�i�P► �b County Assessor's Tax Parcel Number: () �c�N1 N Describe the reason for the i for the property: �c5 R 12 I h1 G ?-O N S stiZq l�e-IJAM CC Q 11W cJ ,(— U �L 1MI> V�— FOR OFFICE USE ONLY Case No: Date Filed: Receipt No: Proposed Ordinance No. Application Received By: Fee Amount: $ I/We certify that: I/We are the owner(s) of the property described in this r =;��� Amendm application and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application and understand that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I/ e, eing the o er"' of the property in this application, have appointed i c as my/our representative agent. I/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her. PLE SE PRINT vthne Pro rty Owner Name Signa re 7 6- �vbo Are �- Street Address City, State, Zip Telephone 4f-L{ L ob lz- Prope Owner Name Signature 7` Street Address City, State, Zip Telephone Agent Name Signature Street Address City, State, Zip Telephone STATE OF ARIZONA ) The foregoing instrument was acknowledged before SS me this --21 day of , 20 COUNTY OF PINAL ) �A DONNA R. BORCHERDING Notary Public Maricopa County, Arizona My Comm. Expires February/21/2018 Notary Public My Commission Expires: bo/0 P&M Development LLC 2235 N. Gentry Mesa, AZ 85213 480-898-9116 We, Robert L. Power and Jeanette G. Power, '/z owners of the property located at 1407 S. Meridian, Apache Junction, AZ 85120, do hereby make, constitute and appoint Hector M. Martinez and/or Yvonne M. Power-Martinez, %z owners, as lawful Attorney in Fact, to handle all aspects of the rezoning process of the afore mentioned property, granting the Attorney in fact the authority to sign any and all documentation that may be required to complete the rezoning process of the afore mentioned property. Dated this �7 day of Le D�� Owner Signature: Owner Signatur . WITNESS my hand and official seal on this : ? day of c;6 /1L NOTARY PUBLIC My commission expires: DONNA R. BORCNERUIIVG Notary Public Maricopa County, Arizona My Comm, Expires February/21/201it Nov Apache Junction Auto Care Dear Neighbor, We, at Apache Junction Auto Care are sending this letter to our surrounding neighbor's in an attempt to notify you of our plans to begin the process of rezoning. Because of grandfathering laws attached to the land, the property at 1407 S. Meridian, Apache Junction, AZ 85120 is currently zoned as a residential property, with a commercial use clause. As many of you are aware of, this property has been the home of Apache Junction Auto Care for many years and has been run as an auto repair facility for an unprecedented number of years. In an attempt to maintain the appearances of the property we have come to the realization that we must pursue the possibility of rezoning this land. The current grandfather laws prevent us from making certain improvements and needed repairs to the building, the property and business itself. The city's new zoning ordinance shows the property zoned as RS-7M (Single-family residential, 7,000-square-foot lots, conventional or manufactured homes allowed). Our intention is to rezone the property to B-1/PD (general commercial with a Planned Development overlay). A B-1 commercial property code is the basic zoning we need to make the types of improvements we believe will benefit the business as well as the neighborhood. As your concerned neighbor we would like to ask you for any thoughts or comments you may have for us. Enclosed you will find a self-addressed stamped envelope for your convenience. Thank you for taking the time to respond to us in advance. Sincerely, Hector M. Martinez Owner Apache Junction Auto Care Phone:480-983-1071 1 fax: 480-982-04831 1407 S Meridian, Apache Junction, AZ 85120 1 www.apachejunctionautocare.can Pz- 5 - 14 REZONIWG F.EQUF_57r VROM RS •7M CSWGL15 - FAMILY KESIDEKMML) TO 8-1 /9D (GyEM ,9At_ $USIMESS 9Y PLANWD vevELoFMeWr)j 8Y MARTIMV Z- AMD POWgR_ W. 12TH AVENUE OCO 12.200 2.199 OCO 1112-201 14.fj, 70 70, 47 25, 26 75e NI 750 1750 O BB m O m o'^ �B IC la IS.L'ce 975 93.5 Ba L5 74.5, 271 - 2B - SLW\AIRE MOBILE 12C Ila m IB i2B O" ' 2A c o- o- , - 22 V 28 f e HOME PARK IL IS N 6 n G 1� N 727.25 P3 .0 17D N N LE 77 76 LC 21 c GINNAR'S 24 4 O9 N O a 18a s CO 29J.25 IBB 4 L 74' lb 4 yy N ,l PWlARK O _ O R.V.hVP 25 z0a SE 5F 5c Sc S s MD7�/ SUPERSTIT ON MOUNTAIN Y SW 1w .c - 32 -�25 /ai bA L 55Q11 z, 88, 0 SIC � SL � 5n� `" 78A o' 7Ba o 79 �N' 80 c 62 a3s 64s 65 '3.' N e A L a � W. i'H AVENUE o�_ K Q n.. � � 81 a eZ q BS a 66 7 67 � 68 � 56 45 N C J N >7 1] 2F 106 L W O Q O N Oa f`►A" 7 /PR L` , 560 56c 56o g 69 70e O - �'1 Lam`1 V 71 38 DI 06' 130, 0 4 L' 3p� u 4 I o 5$ c 59 c 60 f2 72 a 73 � 74 0 , 7 1j SPwO I873.745 1869 S 30' ROW 100* OCO 1502 510 to W. 16TH AVENUE SUBJECT SITE - ALL Fl EFCTIES &SOVE ARE ZONED R5--7M UNLESS GT+I-BFWISE IND+CPTED. • I� '�- _ _mod._ ,[� � l�---�r, �- � _ f. o r � •fi _�.-_`� r `rY •'. 1-f�A ram.r,�.� ^_ -7^ 'r"1��'1 f�irfS IL -fry 4z_, 4 m ryCfv. yy a f] tT v ✓r: i _ � n '� -n ` .Y„ Yf 1 •r-(f _fir ��"c'�i '�.3'Rf- - �• t. rrf m co 00 -, � ■ 1F V rl � I U C d U � r. C v1 I i .._ - - Agr d a � u c c a � c c v w m m u ✓1 _0 Cl) _ O d X �n 00 N 0 w P lz] cu qr U 4 Z =° u O °' � m LL O �- O aLD O S }� (V a N !K N x U p x j N ao0Q � m c U c c Q ^0CL LL n L s U m .� mc� > ( z N co x ^� Y..L X m0N O t Lp e o c T m � L C u W n c o � v ai W a 0 Q o W LrN yLA o a, x c N o z m� z m�y � c �I Z r+ u ta�3 c[ O N ----- 3N1l 21�31NDO Ndlai W ————————— City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 5. Piz File ID: 14-544 Sponsor: James Hazel Agenda Date: 11/17/2014 Index: In Control: City Council Work Session Presentation and discussion on Juvenile Court Hearing Officer appointment. Presentation and discussion. The Pinal County Superior Court Presiding Judge requests the Apache Junction Magistrate Judge to obtain city council acceptance of appointment of the Magistrate Judge as the Juvenile Hearing Officer. City of Apache Junction,Arizona Page 1 Printed on 611512026 APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD., APACHE JUNCTION, AZ 85119 480-982-8250 DATE : November 6, 2014 TO : Mayor and City Council FROM: James W. Hazel Jr. RE : Juvenile Court Hearing Officer Appointment Pursuant to A.R. S . § 8-323 (A), the superior court may authorize the magistrate court judge of a city or town to preside over juvenile matters, to include civil traffic violations, alcohol underage purchase/consumption, tobacco purchase/possession, truancy, graffiti damage or possession of graffiti making materials, city code violations, non-felony Title 28 violations (but not DUIs), interference with judicial proceedings, and failure to appear offenses. Pursuant to the section noted above, the governing body of the municipality shall approve the appointment of the municipal court judge for this duty. In the past, by superior court administrative order, the presiding judge would appoint the municipal court judge as a juvenile hearing officer for a term of months or years. The Pinal County Superior Court Presiding Judge has requested our court to obtain a rolling and permanent authorization from the mayor and city council to accept the responsibilities as delineated above. Keeping local control over these offenses is in the best interest of the residents of city, as the city prosecutor rather than a deputy county attorney will handle the cases with the city judge rather than a county judge adjudicating the cases. We therefore recommend the mayor and city council provide such authorization by motion. If I can be of fixrther assistance please contact me. City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. Piz File ID: 14-547 Sponsor: Bryant Powell Agenda Date: 11/17/2014 Index: In Control: City Council Work Session Presentation and discussion on the City of Apache Junction's new online job application module. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. Piz File ID: 14-533 Sponsor: Kathy Connelly Agenda Date: 11/17/2014 Index: In Control: City Council Work Session Discussion on legal advertising agreement with the Arizona Republic for a one year period commencing January 1, 2015 through December 31, 2015. Discussion only. City of Apache Junction,Arizona Page 1 Printed on 611512026 OCTOBER 30, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: LEGAL ADVERTISING AGREEMENT (CONSENT AGENDA ITEM FOR DECEMBER 2, 2014) State law requires that we publish certain legal notices such as election matters, public hearings, bids, etc. (A.R.S. § 39-204). The law further defines "newspaper" and prohibits the use of publications that are designed primarily for advertising, free circulation or circulation at nominal rates or do not have a bona fide list of paying subscribers (A.R.S. § 39-201). This statute prohibits the use of our two weekly papers. The Mesa Tribune no longer has paid subscribers or paid delivery within the city. The Arizona Republic does meet statutory requirements. The rates are the same as they have been for the last three years. Mesa Republic - to $0.33 per line per day. Arizona Republic - to $0.80 per line per day. Attached is a copy of the legal advertising agreement and pertinent sections of state law. Please let me know if you have any questions. Legal Advertising Agreement Phoenix Newspapers, Inc., publisher of The Arizona Republic and Arizona Business Gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 1-year commencing on January 1, 2015 — December 31, 2015 Publication zone# Pub Days Agreement Rate Wednesdays Mesa Republic $ 0.33 / 11/15 Fridays per Line A section of the / Arizona Repubp per Zone c --- -- - -- -- on Wed,Fri,Sat. Saturdays Arizona Thursdays $ 0.25 / Business per Line Gazette Sunday Monday Arizona Republic Full Run Tuesday Classifieds $0.80 per line/per day Wednesday Thursday Friday Saturday Pricing includes online postings to these public notice web listings (publicnotices.azcentral.com, PublicNoticeAds.com and ananews.com). All legal notice advertising will be typeset in 5.5 point type at 14 lines per inch. Invoicing statements for the account will be at the end of each month based on ad expiration dates. Retail ROP position ad rates (open rates) and deadlines, please call for info. Retail ROP positions are those that appear in any section outside of the Classified section as a display ad. Notices appearing in the Mesa Republic Community Classified section will be under the heading of"Public Notices". Two affidavits of publication will be supplied for each notice published. All publication requests should be E-mailed to: lel;al.advertising(ii)enixom Please reference account# 169202 Contact person(s) for ad placement: • Manny Vargas, Legal Advertising Rep., 602-444-4279 • Legal advertising open line 602-444-7315 City of Apache Junction: Phoenix Ne a ers nc.: Signed: Signed: - - Printed Name: Printed Name: Tabitha Weaver Title: Title: Supervisor, Arizona Business Gazette Date: Date: 10/27/2014 i i A City of Apache Junction Deadline Schedule: Publication Pub Days Ad Submission Deadlines Ad Submission Deadlines Classified Liner Ads Classified Display Ads Mesa Wednesdays = prior Thurs. at Noon = prior Wednesday at 3:00pm Republic Zone 11 Fridays = Monday at Noon = prior Friday at 3:00pm Saturdays = Tuesday at 10am =Tuesday at 10am Sunday =Wednesday at Noon =Tuesday at 3:00pm Monday =Wednesday at Noon =prior Wednesday at Noon Arizona _ --.. .... Republic Full Run Tuesday =Friday at Noon =prior Thursday at Noon Classifieds Wednesday =Monday at Noon =prior Thursday at Noon Thursday =Tuesday at Noon =prior Friday at Noon Friday =Wednesday at Noon =Monday at Noon Saturday =Thursday at Noon =Tuesday at Noon i *Holiday and advanced deadlines will me e-mailed. **Annual Budget documents(including Ordinances with Budget information)and Truth in Taxation deadlines will be e-mailed in April 2015 as those deadlines differ from our regular deadlines i 6 Phoenix Metropolitan Area Community Republic Zones 85342 85262 85331 85266 85361 Zone 2 85387 60 85383 85263 Zone 3 ..85310;. Zone 1 Zone 20 6-050 R 86064 85255 Zone V 8537 8538 11`.. 85308 .R Zone,7 8 78 5374 `Zone 18 85306 5032 85254 5388 85351 85264 85379 8533 85381 260 85268 ^:65304 3 3 85259 853 85302 5028 85355 303 51 85255 85253 5309 Zone 9 U 4 96,3� 85303 85 85250 a534o 85396 85033 85031 85018 B525 1 0 1 85215 5037 85256 85395 85392 85035 500 85008 2 02 85257 ' Zone�� 85043 8500° 5281 85213 8$207 5034 85323 85353 85205 85338 85201 85203 85120 &5040 5208 85119 85326 b5282 5202 85210 85204 85206 6s�4, 60 Z o n e 5 85042 852 85234 i352�3 85118 85233 85339 Zone 10 112P4 85296 85212 t3'1`.ac 85048 8;__> 85224 85225 85295 NZ o n e 6 85255 85297 E ` 65249 85298 Zone 12 85140 w 85142 852a5 S85143 REPUBLIC '.' REPUBLIC :: Format Document Page 1 of 1 ARS TITLE PAGE NEXT DOCUMENT PRE'WOUS DOCUMENT 39-201. Definitions A. In this c— aptunless the context otherwise requires, "newspaper" means a publication regularly issued for dissemination of news of a general and public character at stated short intervals of time. Such publication shall be from a known office of publication and shall bear dates of issue and be numbered consecutively. It shall not be designed primarily for advertising, free circulation or circulation at nominal rates, but shall have a bona fide list of paying subscribers. B. "Newspaper" shall not include a publication which has not been admitted under federal law as second-class matter in the United States mails for at least one year. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/39/00201.htm&Title=39&... 10/30/2014 Format Document Page 1 of 1 ARS TITLE PAGE NEXT DOCUMENT PREVIOUS DOCUMENT 39-204. Publication of notice• time place A. When publication ot a notice in a newspaper is directed or authorized by law, it shall be in a newspaper of general circulation printed in English. B. If the number of times the notice is to be published is not specified, publication shall be: 1. If in a weekly newspaper, once each week for two consecutive weeks. 2. If in a daily newspaper, four consecutive times. C. If the place of publication of the notice is not specified, publication shall be: 1. If by a state officer, board, or commission, in a newspaper printed and published within the county where the state capital is located. 2. If by a county officer, board, or commission, or by any person in a county, in a newspaper printed and published within such county. If no such newspaper is printed and published within the county, publication may be made in a newspaper of general circulation in the county which is printed in an adjoining county. 3. If by a district, city or town officer, board or commission, or by any person in a district city or town, in a newspaper printed and published within the territorial limits thereR. If no such newspaper is printed and published within the limits thereof, publication may be made in a newspaper printed and published in the county in which the district, city or town is located. http://www.azleg.state.az.us/FonnatDocument.asp?inDoc=/ars/39/00204.htm&Title=39&... 10/30/2014