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HomeMy WebLinkAbout2020 12.01 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall \ -` �► Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, December 1,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 20-612 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-613 Consideration of approval of minutes of the regular meeting of November 17, 2020. Sponsors: Jennifer Pena Attachments: Minutes 3. 20-621 Consideration of approval of contract to Viasun Corporation for the construction of curbing for select medians on Apache Trail. The work will begin in early 2021 and will be through Pinal County cooperative job order Contract No. 175623 in the amount of$279,456.32, plus a 10% contingency for unforeseen change orders in the amount of $27,945.63 for a total project cost not to exceed $307,401.95. The work will result in curbing to facilitate roadway drainage and protection to the Apache Trail median beautification improvements. Sponsors: Shane Kiesow Attachments: City Council Memo-PW2019-13B Viasun IRS Dec2020 PW2019-13B Agreement-Viasun City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City Council Meeting Agenda December 1,2020 4. 20-548 Consideration of a legal advertising agreement with Arizona Republic for a one year period from January 1, 2021 to December 31, 2021. There is no price increase from the 2020 agreement. Sponsors: Jennifer Pena Attachments: Memo 2021 Agreement 5. 20-633 Consideration for approval of Resolution No. 20-40, a resolution of the Mayor and City Council of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, declaring and adopting the results of the general election held on November 3, 2020. Sponsors: Jennifer Pena Attachments: Resolution No.20-40 Canvass-General Election E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 6. 20-481 Presentation of 40-year Service Award to Keith Bedwell of the Public Works Department. Sponsors. Bryant Powell and Mike Wever F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 7. 20-614 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 8. 20-615 City Manager's Report. Sponsors: Bryant Powell 9. 20-617 Presentation, discussion and update on the first quarter financial report. Sponsors: Bryant Powell 10. 20-618 Presentation, discussion and update on the 2020 and 2021 Citizen Leadership Institute classes. Sponsors: Al Bravo City of Apache Junction,Arizona Page 2 Printed on 6/16/2026 City Council Meeting Agenda December 1,2020 11. 20-597 Presentation and discussion of the US Census efforts utilized in the area. Sponsors: Al Bravo H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 12. 20-624 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1499 (case PZ-7-19), a city-initiated rezoning of a 2.37-acres property located at 978 E. Roosevelt Street, from General Rural Low Density Single-family Detached Residential ("RS-GR")to Medium Density Single-family Detached Residential by Planned Development("RS-20/PD")for the purpose of creating land split and development opportunities. Sponsors. Rudy Esquivias Attachments: PZ-7-19 CC Staff Report w Exhibits PZ-7-19 978 E. Roosevelt St. Rezoning Presentation I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 13. 20-620 Presentation, discussion and approval on proposed Resolution No. 20-42 authorizing the city to enter into an intergovernmental agreement with Maricopa County for use of Maricopa County Sheriffs Office Basic Training Academy. Sponsors: Thomas Kelly Attachments: Memo IGA MCSO-AJPD Resol 20-42 MCSO-AJPD Sworn Officer Training IGA City of Apache Junction,Arizona Page 3 Printed on 6/16/2026 City Council Meeting Agenda December 1,2020 14. 20-645 Presentation, discussion, and approval on proposed Resolution No. 20-43 authorizing the city to enter into an intergovernmental agreement with the Town of Mammoth for transfer of used law enforcement equipment. Sponsors: Thomas Kelly Attachments: Memo to Mayor-City Council Resolution 20-43 Mammoth-AJ 15. 20-623 Consideration of two appointments to the Planning and Zoning Commission. Council interviewed applicants for this position at the November 30th work session and may take this opportunity to fill the vacancies. Attachments: List of P&Z Applicants P&Z Applications K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 16. 20-636 Council direction to staff on amending cargo container regulations in the city's zoning code. Sponsors: Larry Kirch 17. 20-640 Presentation, discussion and direction to staff on the possible creation of a draft ordinance relating to the regulation of recreational marijuana, as allowed by the voter's approval of the "Smart and Safe Arizona Act", possibly using the model ordinance language provided by the League of Arizona Cities and Towns. This item was continued from the city council meeting of November 17, 2020, wherein council asked for more information about what other cities are doing. Sponsors. Rudy Esquivias Attachments: (2) Memo on Recreational Marijuana-dir to staff 11-30& 12-1 Dir to Staff Rec-Mar L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 18. 20-616 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, December 14 and Tuesday December 15, 2020 be held in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 4 Printed on 6/16/2026 City Council Meeting Agenda December 1,2020 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. 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. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. PizoNr File ID: 20-612 Sponsor: Jennifer Pena Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. PizoNr File ID: 20-613 Sponsor: Jennifer Pena Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of November 17, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 �11 City of Apache Junction, Arizona Meeting location: 1 O City Council Chambers t� z Meeting Minutes at City Hall - .� 300 E.Superstition Blvd QIIO CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday, November 17,2020 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Serdy called the council meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Councilmember Schroeder led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager Kelsy Schattnik, Planner Janine Solley, Economic Development Director Raquel Schatz, Public Works Project Engineer Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Councilmember Barker moved,seconded by Councilmember Evans that the consent agenda be accepted as presented,that Resolution No.20-40 a resolution of the Mayor and City Council of the City of Apache Junction, Pinal and Maricopa Counties,Arizona declaring and adopting the results of the general election held on November 3,2020 be moved to new business as requested by the city clerk,and that Resolution No.20-39,a final plat approval for subdivision case SD-1-18,a request by Superstition Vista Development, LLC, represented by Dan Kauffman,for a 256 lot residential subdivision named Superstition Vista, located near the southeast corner of Baseline Avenue and Cortez Road be approved. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes November 17,2020 1. 20-598 Consideration of acceptance of agenda. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 2. 20-599 Consideration of approval of minutes of the regular meeting of November 3, 2020. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 3. 20-637 Consideration for approval of Resolution No. 20-40, a resolution of the Mayor and City Council of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, declaring and adopting the results of the general election held on November 3, 2020. Vice Mayor Wilson moved and Councilmember Barker seconded to continue this item to the December 1,2020 council meeting. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena requested that this item be discussed under New Business. Ms. Pena stated that this was a very large election and we are still waiting for data from Maricopa County and requests to continue this item to the December 1st council meeting. 4. 20-605 Consideration of approval of proposed Resolution No. 20-39, a final plat approval for case SD-1-18, a request by Superstition Vista Development, LLC, represented by Dan Kauffman, for a 256 lot residential subdivision named Superstition Vista, located near the southeast corner of Baseline Avenue and Cortez Road. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. 20-557 Presentation of proclamation designating Saturday, November 28, 2020 as "Small Business Saturday". The Chamber of Commerce will accept the proclamation. Mayor Serdy proclaimed Saturday, November 28, 2020 as Small Business Saturday and presented the proclamation to Denise Hart of the Chamber of Commerce. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes November 17,2020 Ms. Hart thanked the council for the proclamation and encouraged the community to shop local all year long. 6. 20-580 Presentation of proclamation designating November 2020 as National American Indian Heritage Month. Daughters of the American Revolution will accept the proclamation. Mayor Serdy proclaimed the month of November 2020 as National American Indian Heritage Month and presented the proclamation to Bonnie Williams of Daughters of the American Revolution. F. ANNOUNCEMENT OF CURRENT EVENTS 7. 20-600 Announcement of current events from mayor and councilmembers. Councilmember Struble reminded high school graduates to redeem their gift cards before the end of the year. The 3rd annual prayer walk will be January 9th. AJ Open Mic Night is this Friday night at Table of Grace Church. The 4th annual AJ Kids Idol is going to be January 24th at 2:00pm. Vice Mayor Wilson shared that the Superstition Mountain Horsemen's Association just celebrated 40 years. Councilmember Rizzi thanked all of the veterans and first responders for serving the country. G. CITY MANAGER'S REPORT 8. 20-601 City Manager's Report. City Manager Bryant Powell stated that the city will be getting information out very soon on the Reverse Holiday Light Parade this year. Public Information Officer Al Bravo explained the details of this year's light parade that will be held on December 5th at 7:00pm. Mr. Powell shared that the City of Tempe gave the City of Apache Junction technology to help guests hear in the council chambers better. Guests just need to ask a city staff member for it upon arriving to the chambers and it will be provided to them. 9. 20-558 Presentation and discussion with Denise Hart, CEO/President of the Apache Junction Chamber of Commerce, on the operation of the local visitor information center. Denise Hart, President of the Apache Junction Chamber of Commerce, shared that Jingle in the Junction will be taken over by the chamber this year and encourages all businesses in the city to decorate for the holidays this year. Ms. Hart reported that the visitor's center is run by 16 volunteers. They had to close their doors from March 20th -June 1st due to COVID. As of November 2, 2020, the total number of visitors to the chamber is 8,688 which is down significantly from last year's 30,000 visitors. Ms. Hart recognized and presented a plaque to Jim Edwards who has been volunteering at the chamber for 21 years. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes November 17,2020 H. PUBLIC HEARINGS I. OLD BUSINESS 10. 20-573 Presentation and discussion on the Planning and Zoning Commission's recommendation on amending cargo container regulations in the city's zoning code. Development Services Director Larry Kirch presented that cargo containers are currently only permitted in RS-GR zoning and if the parcel is 1.25 acres. Mr. Kirch presented four options that council can choose from to move forward with. The Planning and Zoning Commission is recommending to leave the 2014 provisions in place. Mr. Kirch showed a picture of a parcel with multiple cargo containers on the lot. Councilmember Rizzi asked what the guidelines are to have a cargo container. Mr. Kirch responded that it has to be on a 1.25 acre lot in RS-GR zoning, must meet setbacks, has to be painted earth tone and desert colors and there has to be a landscape plan. Councilmember Rizzi stated that cargo containers are becoming popular because they are so durable and thinks council may need to re look at this. Vice Mayor Wilson presented a slide show of pictures of cargo containers and sheds and explained how cargo containers can be well concealed and are expensive. He requested that this item be brought back to direction to staff at an upcoming council meeting. Mayor Serdy said he would be curious to know what other cities have done over the last decade with cargo containers. Councilmember Schroeder stated that council could look at the size of a cargo container that could be on a lot based on the parcel size. J. NEW BUSINESS 11. 20-546 Presentation, discussion and consideration on the extinguishment of a federally patent easement located at Smoketree Street from Tomahawk Road to Vista Road for the purpose of alleviating setbacks so that Filly's Roadhouse can rebuild/repair the duplex which was destroyed in a fire. Councilmember Evans moved,seconded by Vice Mayor Wilson that the extinguishment of a federally patent easement located at Smoketree Street from Tomahawk Road to Vista Road for the purpose of alleviating setbacks so that Filly's Roadhouse can rebuild or repair the duplex which was destroyed in a fire be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Public Works Project Engineer Raquel Schatz presented that this extinguishment is being requested in order to alleviate setbacks so Filly's Roadhouse can rebuild the duplex that was City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes November 17,2020 destroyed in a fire. K. COUNCIL DIRECTION TO STAFF 12. 20-607 Presentation, discussion and direction to staff on the creation of a draft ordinance relating to the regulation of recreational marijuana using the model ordinance language provided by League of Arizona Cities and Towns. Councilmember Barker moved,seconded by Vice Mayor Wilson that the discussion on Proposition 207,the legalization of recreational use of marijuana be continued to the work session on November 30th. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Planning Manager Rudy Esquivias presented on the background of the Smart and Safe Arizona Act that just passed. Mr. Esquivias explained what the act does and does not do as well a what a city may and may not do in regards to the act. Mr. Esquivias stated that he visited the city's 2 dispensaries yesterday and he believes they are both going to apply to have dual licenses consisting of a medical license and a recreational license. Mayor Serdy asked if the state will get involved to handle these licenses just like they do with liquor. Mr. Esquivias replied yes the Department of Health Services manages marijuana dispensaries. Mayor Serdy asked Chief Kelly how officers test for marijuana. Chief Kelly responded that there is no physical test and officers have to use their expertise and discretion. Councilmember Barker asked if we can apply sales tax to this. Mr. Esquivias replied no. Councilmember Struble asked the difference the between medical and recreational. Mr. Esquivias replied that recreational will be taxed by the state and medical is not. Councilmember Schroeder asked if the city is allowed to deny any other dispensaries coming into town. Mr. Esquivias replied that yes, the city should be able to deny if they choose to. City Attorney Joel Stern recommended that council continue this item and discuss it further at an upcoming council meeting. 13. 20-611 Discussion and direction to staff on resignation of Planning and Zoning Commissioner Shirley Ooley and the process to fill the vacant position. Councilmember Rizzi moved,seconded by Vice Mayor Wilson that direction be given to staff to open the application for the Planning&Zoning Commission and have interviews at the Monday, November 30th work session and appointments at the Tuesday, December 1st council meeting. Yes: 6- Mayor Serdy, Vice Mayor Wilson, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Recused: 1 - Councilmember Barker Councilmember Barker stated that she is considering applying for the Planning and Zoning City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes November 17,2020 Commission therefore she recused herself from the discussion. City Clerk Jennifer Pena explained options for council to direct staff on. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 14. 20-602 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, November 30 and Tuesday December 1, 2020 be held in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Evans moved,seconded by Councilmember Barker that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday, November 30,2020 and that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday, December 1,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard, Apache Junction,Arizona, respectively; and other meetings if necessary. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC Mikel Vandermolen, 88 N Vista Road, expected that council would address what the trash deal really is. She has not had trash service in 21 years and is on a fixed income and has a lot of medical bills. She says it is unnecessary and is increasing traffic on her dirt road. She keeps her trash and takes it to free dump week or has her friends take it. It is an undue hardship for her and thinks the voters should have voted on it. Ken Coburn, 384 N. Valley Drive, thanked Chip for the presentation. He said storage containers can be made to look like a shed. Jeff Barlett, 108 N. Meridian Drive, stated the city needs public transportation and the city needs to watch their budget. He requests that this be placed on a future agenda item for the purchase of a small shuttle bus. The city should not take out a bond and should charge a fee. Braden Biggs, 1492 W. Cactus Wren, explained that he along with the VFWs are putting together a drive for current service members. They are putting together small care packages to send to those who are currently in the service and are from the Apache Junction area. George Schroeder, 2444 W. Virginia Street, stated that he has crack heads in his neighborhood and they are not getting fined. His neighbors went and told on him to Judge Hazel. He gets people out of business and out of his neighborhood. He has rights too. Ms. Townsend has not paid her trash bill and she wants a class action law suit. N. ADJOURNMENT Mayor Serdy adjourned the council meeting at 8:47 pm. ACCEPTED THIS DAY OF 2020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes November 17,2020 SIGNED AND ATTESTED TO THIS DAY OF 2020. JEFFSERDY Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 7 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'PizoN►' File ID: 20-621 Sponsor: Shane Kiesow Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Consideration of approval of contract to Viasun Corporation for the construction of curbing for select medians on Apache Trail. The work will begin in early 2021 and will be through Pinal County cooperative job order Contract No. 175623 in the amount of$279,456.32, plus a 10% contingency for unforeseen change orders in the amount of$27,945.63 for a total project cost not to exceed $307,401.95. The work will result in curbing to facilitate roadway drainage and protection to the Apache Trail median beautification improvements. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 �PQpCNF✓ ti Public Works Department U Z Home of the Superstition Mountains gHIZON Date: November 17, 2020 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project # PW2019-13B Award City staff respectfully requests city council consideration of award of contract to Viasun Corporation for project PW2019-13B for the installation of curbing around select medians within the Apache trail. This work is allocated in the current fiscal year HURF budget. The work involves the construction of Portland concrete cement curbs around the medians to facilitate roadway drainage and protect the landscape improvements recently completed. The work would be scheduled during the day-time hours only with limited impacts to vehicular traffic lanes. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR PROJECT NO.: PW2019-13B "Apache Trail Median Curbs" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and VIASUN, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in the cooperative Pinal County Job Order Contract No. 175623 and Contractor's estimate dated October 26, 2020 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in the cooperative Pinal County Job Order Contract No. 175623 and Contractor's estimate dated October 26, 2020 including, but not limited to: A. Form and pour concrete curb (per MAG detail 222) totaling approximately 3,989 feet within the Apache Trail median areas: a. Median east of Rennick Dr. b. Median from Rennick Dr. to Thunderbird Dr. c. Median fronting 649/50 East Apache Trail. d. Median east of Meridian Dr. B. Install new scupper drainage openings; totaling 18 locations. C. Pave back asphalt concrete along new curb where applicable; totaling approximately 70 tons. D. Reapply pavement markings where applicable; approximately 825 linear feet. E. Provide traffic control with plan to be pre-approved by the City. Use only Apache Junction Police Department uniformed police officers as appropriate. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed two hundred seventy-nine thousand four hundred fifty-six dollars and thirty-two cents ($279,456.32) (the "Contract Sum")for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 3. CONTRACT TERM: The Term of this Agreement is November, 30 2020, to April 30, 2021. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite 2 laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which 3 are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. 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 Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an 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 Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during 4 regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless 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, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. 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 an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. 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 attorney fees, necessary witness fees and court costs to be determined by the court in such action. 5 15. INSURANCE: 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. 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. 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. 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. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability 6 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 the equivalent thereof. 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, or the equivalent thereof, 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 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 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 the equivalent 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 7 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 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. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. 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. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. 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 Contractor's Work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. 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 and shall include the City as an additional insured. The policy 8 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." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and city staff representative. The City Manager's decision shall be final and binding. 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class 9 postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither 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 subcontractors 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 obligations under this Agreement. 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 Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. 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, 10 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 the 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. 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: 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. 26. AMENDMENT: 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, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. 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 11 inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor 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. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT 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. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. 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 compliance with all federal 12 immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this 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 the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B 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 hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2020. CONTRACTOR: VIA SU rizon corporati By: Its: CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Jeff Serdy Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: (I 11.5 2,0 Richard J. Stern City Attorney 14 STATE OF PW(Z,or,o_ ) ) SS. COUNTY OF YYZa,ncepQ, ) The foregoing was acknowledged before me this 3 day of t Vcsve-r^bxe- , 2020, by YY1oA* C a-v-noa�glk as Y`P ` 1�i r�c,�c� of Viasun Corporation. MEGHAN R MARKS Notary Public,State of Arizona Maricopa County My Commission Expires December 12, 2020 N tar Pu lic My Commission Expires: STATE OF ARIZONA ) ) SS. COUNTY OF ) The foregoing was acknowledged before me this _day of , 2020, by Jeff Serdy as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires: 15 EXHIBIT A 3621 E.Superior Ave Phoenix,Arizona 85040 Phone:(480)268-9669 VI( . Du n Fax:(480)223-6295 p o r a t I _, n MaSun Corporation Date:10/2612020 Apache Junction Apache Trail Medan Curb-Pinal JOC Co-Op 175623 Civil Construction Services Item No. Description Quantity I Unit I Unit Cost I unt Apache Trail Median Curbin ge—n—eral items 10 General Cond hors 27 DAY $1,600.00 $43,200 00 20 MobVization 1 L.S $2,500.00 $2.500.00 30 Survey(Topo Model&Design) t $0.00 $0.00 40 quality Control Testing t $4,200.00 $4,200.00 50 Owners Allowance 1 L.z S0.00 S0.00 Subtotal General Items 9, 0.00 Work Items 60 Asphalt Saw Cutting 3989 LF S2.12 $8,456.68 70 Remove and Haute Existing Aspha t 175 SY $23 00 S4,025 00 80 Install New Scupper and Rip Rap Drainage Opening 18 EA $950.00 $17.100.00 90 Form&Pour MAG 222 Concrete Curb 3989 LF $23 50 $93,741 50 100 Pave Back AC/Asphalt Patching Along New Curb 70 TN $158.00 $11.060,00 110 Pavement Markinigs 825 LF $1449 $11.954.25 120 Traffic Control 28 DAY S 1 400.00 $39,200.00 Subtotal Work Items $185,537.43 Total Direct Cost $235,437.43 Summary Subtotal $235,437.43 Indirect Cost 130 Overhead&Prort 9.00% $21,189 37 Subtotal $21,189.37 Total $256,626.80 140 Insurance 1000% $2,566 27 150 Bond 1500% $3,849.40 Subtotal $263,042.47 Sales Tax 6.24% $16,41385 Total $279,456.32 16 (MMIDDNYYY A�o® CERTIFICATE OF LIABILITY INSURANCE DAT1,/3/Zozo ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Melissa Murphy Lovitt&Touche A Marsh and McLennan Agency, LLC PHONE 602-778-7046 ac No:602-956-2258 1050 W Washington Street, Suite 233 EWC_-MAINo,L Tempe AZ 85281 ADDRESS: mmu h lovitt-touche.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: Navigators Specialty Insurance Company INSURED VIASCOR-Cl ViaSun Corporation INSURER B:Zurich American Ins CO 16535 3621 E. Superior INSURER c:Great American Insurance Co 16691 Phoenix AZ 85040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:157335968 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY Y Y GLO 7913134-00 1/1/2020 1/1/2021 EACH OCCURRENCE $1,000,000 DAMCLAIMS-MADE � PREM OCCUR T R NT D PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 POLICY a PRO- POLICY [7] LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Deductible/SIR $$0 B AUTOMOBILE LIABILITY Y Y BAP 7913135-00 1/112020 1/1/2021 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLALIAB X OCCUR Y Y TUE191834803 4/30/2020 1/1/2021 EACH OCCURRENCE $15,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $15,000,000 DED I X RETENTION$n $ B WORKERS COMPENSATION Y WC7913133-00 1/1/2020 1/1/2021 X AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANYPROPRIETORIPARTNER/EXECU I IVE IN N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/M EMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Pollution Liability Y Y MP19ECP3097981C 4/30/2019 4/30/2021 Limit Each Incident 1,000,000 Aggregate Limit 2,000,000 Deductible 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate holder and others as per written contract are additional insured on a primary and non-contributory basis by the General Liability,Auto Liability,Pollution Liability,and Excess Liability policies.Waiver of Subrogation is provided in favor of Certificate holder and others as per written contract for General Liability,Auto Liability,Workers Compensation,and Excess Liability.30 day Notice of Cancellation is provided if required by written contract for General Liability,Auto Liability,and Workers Compensation. City of Apache Junction Project PW2019-3B Apache Trail Median Curbs CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS. 300 E. Superstition Boulevard Apache Junction AZ 85119 AUTHORIZED REPRESENTATIVE USA Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. PizoNr File ID: 20-548 Sponsor: Jennifer Pena Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Consideration of a legal advertising agreement with Arizona Republic for a one year period from January 1, 2021 to December 31, 2021. There is no price increase from the 2020 agreement. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 d City of Apache Junction I� 300 East Superstition Boulevard • Apache Junction, Arizona 85119 •www.ajcity.net December 1, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: JILLIAN BRIGHT, DEPUTY CITY CLERK SUBJECT: LEGAL ADVERTISING AGREEMENT 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). The Arizona Republic meets these statutory requirements. There is no price increase from last year. 2021 Mesa Republic (3 times per week) - to $0.67 per line per day. Arizona Business Gazette (Thursday's only) - to $0.42 per line per day. Arizona Republic (full run —published every day) - to $1.42 per line per day. 2020 Mesa Republic (3 times per week) - to $0.67 per line per day. Arizona Business Gazette (Thursday's only) - to $0.42 per line per day. Arizona Republic (full run —published every day) - to $1.42 per line per day. 2019 Mesa Republic (3 times per week) - to $0.67 per line per day. Arizona Business Gazette (Thursday's only) - to $0.42 per line per day. Arizona Republic (full run —published every day) - to $1.42 per line per day. 2018 Mesa Republic (3 times per week) - to $0.40 per line per day. Arizona Republic (full run —published every day) - to $0.85 per line per day. 2017 Mesa Republic (3 times per week) - to $0.40 per line per day. Arizona Republic (full run —published every day) - to $0.85 per line per day. Home of the Superstition Mountains 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 i-year commencing on January 1,2021—December 31,2021 Publication Zone# Pub Days Agreement Rate 11/25 Wednesdays $.67 per —_-- -- line per Mesa Republic Fridays Zone section of the ArizonaRepublic on Wed,Fri. Sat. Saturdays Thursdays Arizona Business Gazette $.42 per line Arizona Republic $.1.42 Full Run Sunday per line Classifieds Monday Tuesday Wednesday Thursddy 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'pointtype at;14 lines per Inch. Invoicing statements for the account will be at the end of each month based on ad.expfration 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 a.s a,display ad. . Notices appearing pp g in the Me sa RepubiicCorrlmunity Classified-section will be Linder the heading of"Pubiic'Notices". Two affidavits of gublication'will be supplied for each notice published.if additional/duplicate „ affidavits are needed because they were not received,there will be a$5 charge per'affidavit. The address we have on file is: City of Apache Junction 340 E.Superstition Slvd Apache'Junction;AZ 85119 b" If this is not correct please notify me immediately publication,•" All p requests-should be E•malied to:Jeeal:adverctsine@ant.com ' Please!reference,account If 169202 Contact person(s);for ad placement: .Tara Mondloch,Supervisor/Legal Ad Dept., 602444-73,33 Legal advertising openaine 602-444-7315 CltyofAoache unction: Phoenix Newspapers, Signed: Sign _(�_' Printed blame Printed Name 4rV�2l yl�t oc�. `Tde; _ Title: i;!G rt , r 4 + P d' i+ 4 . n. ..n a .-... ... f ,. n ..a . a t•�.., a S h.... ... Y 3 .. _ -?a L r Arizona Republic Sunday =Wednesday at Noon =Tuesday at 3:00pm Full Run Classifieds Monday =Wednesday at Noon =prior Wednesday at Noon Tuesday =Friday at Noon =prior Thursday at Noon 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 *Holiday and any other advanced deadlines will be e-mailed* "Annual Budget documents(including Ordinances with Budget information)and Truth in Taxation deadlines will be emailed in April 2021 as those deadlines differ from our regular deadlines. In the coming year The Arizona Republic and Arizona Business Gazette will be converting from a 10-column format to a 6-column format. One column width will increase from 0.95"to 1.53". This conversion is in response to reader input to improve the look of ads and make them more reader friendly. Fewer columns across the page will allow for more characters per line, so each ad will require fewer lines.-Cost per line will increase, but for most customers the total cost of your ad will not change. I'll be sending out more information when this is closer, but I wanted to make sure and let you know in advance of this improvement we have on the horizon. Phoenix Metropolitan Area Community Republic Zones 85086 85342 85262 85331 Zone 2 85266 85361 85085 85387 8508 60 85263 Zo 3ne 85310 Zonl^eT� Zone 2 0 5027 85024 85050 85054 85255 Zone 8 8537 8538 85308 Zon e,7 85374 Zone 18 78 85023 85022 85306 8505 5032 85254 5388 85379 8533 260 85351 5381 85268 85264 85304 85029 3 3 85259 853 85302 85021 85020 85028 85355 303 8505 51 85253 85258 5309 307 Zone 9 8530 85303 853 85250 85340 � � 85396 5016 85033 85031 85251 5037 85018 1 0 1 85256 85215 85395 85392 85035 500 85008 202 85257 ' 85043 !-_-85009 5034`- 5281 85213 Zone�1� 85207 _ 85323 85353 85205 5338 --- -- 85201 85203 8�7 85120 85326 85040 85282 5202 85210 852114 85206 5208 85119 85041 60 Zone 5 85042 652 85234 85283 85233 85118 85339 ZOn 10 85284 85296 85212 85044 85048 85226 85224 85225 85295 NZone 6 85286 85297 85298 ZO n e 1 2 85140 W E 6,24 142 852a8 85143 i..i REPUBLIC .SEDIA REPUBLIC NEDI,� ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. PizoNr File ID: 20-633 Sponsor: Jennifer Pena Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Consideration for approval of Resolution No. 20-40, a resolution of the Mayor and City Council of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, declaring and adopting the results of the general election held on November 3, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 RESOLUTION NO. 20-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 3, 2020 . WHEREAS, the City of Apache Junction, which is located in Pinal and Maricopa Counties, Arizona, did hold a general election on the 3rd day of November, 2020, for voter selection of a mayor; and WHEREAS, the election returns have been counted by both counties and are now available for the canvass . NOW, THEREFORE, BE IT RESOLVED by the mayor and council of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, as follows : SECTION 1 . That the total number of ballots cast at said general election, as shown by the attached reports from Pinal and Maricopa Counties, marked as Exhibit A-1 through A-15, was 17 , 103 . SECTION 2 . That the number of ballots rejected, as shown by the attached report from Pinal and Maricopa Counties, marked as Exhibit A-1 through A-15, was 26 . SECTION 3 . That the votes cast for the candidates for mayor were as follows : Name Vote Total Barker, Robin 6,181 Wilson, Chip 7 , 907 SECTION 4 . That it is hereby found, determined and declared of record that the following candidate did receive more than the required number of valid votes cast for the offices sought in accordance with A.R.S. § 9-821 . 01 and are hereby eligible to be issued certificate of election: Wilson, Chip SECTION 5 . This resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, THIS DAY OF 2020 . RESOLUTION NO. 20-40 PAGE 1 OF 2 SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-40 PAGE 2 OF 2 Summary Report - Group Detail GENERAL ELECTION FINAL CUMULATIVE REPORT PINAL COUNTY, ARIZONA NOVEMBER 3, 2020 TOTAL VOTES EARLY POLL PROV Mayor City of Apache Junction (VOTE FOR) 1 (WITH 12 OF 12 PRECINCTS COUNTED) Barker, Robin . . . . . . . . . 6.102 43.35 5.268 815 19 Wilson, Chip . . . . . . . . . 7.836 55.67 6,266 1.552 18 WRITE-IN. . . . . . . . . . . 137 .97 116 21 0 Total . . . . . . . . . 14.075 11.650 2.388 37 Over Votes . . . . . . . . . 15 12 3 0 Under Votes . . . . . . . . . 2.838 2.323 507 8 EXHIBIT A-1 JURISDICTIONAL CANVASS City of Apache Junction RUN DATE:11/12/20 04:37 PM VOTES PERCENT VOTES PERCENT Mayor City of Apache Junction 01 = BALLOTS CAST 16,928 (VOTE FOR) 1 02 = Barker, Robin 6,102 43.35 03 = Wilson, Chip 7,836 55.67 04 = WRITE-IN 137 .97 05 - OVER VOTES 15 06 = UNDER VOTES 2,838 .................................... 01 02 03 04 05 06 ............................. 0040 40 Apache Jct Superstition 1255 548 506 5 0 196 0042 42 Apache Jct NW 1468 531 641 20 0 276 0043 43 Apache Jct SW 2155 859 915 7 1 373 0044 44 Apache Jct SE 2327 852 1091 22 4 358 0045 45 Apache Jct NE 938 290 486 4 2 156 0046 46 Apache Jct East 973 327 451 9 1 185 0047 47 Apache Jct Central 1718 651 813 14 2 238 0056 56 Apache Junction North 1405 477 666 8 0 254 0057 57 Apache Junction N. Central 378 128 196 2 0 52 0058 58 Apache Junction E. Central 1204 333 647 13 2 209 0059 59 Apache Junction South 1966 688 917 21 2 338 0063 63 Apache Trail 1141 418 507 12 1 203 EXHIBIT A-2 BALLOT ISSUE REPORT 2020 GENERAL ELECTION Precinct Ballots Early in Ballots Ballots Ballots Sent Person Received Accepted Rejected 40 Apache JCT Superstition 2214 162 1874 1872 2 42 Apache JCT NW 1531 181 1202 1200 2 43 Apache JCT SW 2189 170 1847 1846 1 44 Apache JCT SE 2205 230 1821 1811 10 45 Apache JCTNE 1841 230 1621 1618 3 46 Apache JCT East 1767 155 1620 1620 0 47 Apache JCT Central 1734 147 1383 1380 3 56 Apache JCT North 1801 207 1531 1529 2 57 Apache JCT N Central 1910 180 1759 1757 2 58 Apache JCT E Central 1414 190 1248 1247 1 59 Apache JCT South 2401 238 2117 2114 3 63 Apache JCT Trail 1139 118 902 901 1 GRAND TOTAL 22,146 2,208 18,925 18,895 26 EXHIBIT A-3 Early Ballot Totals Pinal GE2020 Precinct Ballots Sent Early In Person Ballots Received Ballots Accepted Ballots Rejected 01 KEARNY 950 35 758 757 1 04 DUDLEYVILLE 440 6 343 340 3 05 SAN MAN U E L 1,553 43 1,201 1,198 3 06 MAMMOTH 686 4 490 487 3 07 ORACLE 2,575 65 2,339 2,334 5 08 SADDLEBROOKE WEST 2,518 93 2,370 2,369 1 09 ARIZONACITY 1,708 102 1,288 1,286 2 10 TOLTEC SOUTH 1,755 103 1,366 1,364 2 100 DESERT CEDARS 2,415 128 1,896 1,894 2 101 ALTERRANORTH 2,169 67 1,577 1,573 4 102 MARICOPAWELLS 3,185 170 2,534 2,531 3 104 PICACHO SOUTH 226 9 177 177 0 105 TOLTEC SOUTHWEST 124 14 87 87 0 11 PICACHO 247 19 191 191 0 12 ELOY 773 16 453 448 5 13 TOLTEC 2,373 151 2,046 2,044 2 14 ELOY SOUTH 871 17 505 500 5 15 SADDLEBROOKE EAST 2,582 92 2,383 2,382 1 16 RED ROCK 1,743 66 1,343 1,337 6 17 COOLIDGE NE 1,010 38 648 646 2 18 COOLIDGE NW 2,203 126 1,660 1,656 4 19 COOLIDGE SOUTH 1,282 66 923 922 1 20 RANDOLPH 596 27 463 459 4 21 CENTRAL ARIZONACOLLEGE 813 64 694 694 0 22 ELEVEN MILE CORNER 620 46 495 493 2 23 FLORENCE NORTH 1,462 148 1,290 1,288 2 24 FLORENCE SOUTH 1,116 102 880 878 2 25 CACTUS FOREST 1,258 154 1,095 1,094 1 26 JOHNSON RANCH 2,775 211 2,321 2,318 3 27 POSTON BUTTE 5,979 683 5,253 5,242 11 28 QUEEN CREEK 5,382 444 4,659 4,648 10 29 SACATON 478 5 240 239 1 30 MARICOPA 3,108 172 2,402 2,395 7 31 STANFIELD 327 16 227 227 0 32 CASAGRANDE NORTH 1,487 124 1,095 1,094 1 33 CASAGRANDE N CENTRAL 1,491 105 1,150 1,147 3 34 CASAGRANDE S CENTRAL 1,623 112 1,210 1,207 3 35 CASAGRANDE NE 1,939 173 1,642 1,637 5 36 CASAGRANDE SE 1,564 113 1,020 1,019 1 EXHIBIT A-4 Precinct Ballots Sent Early In Person Ballots Received Ballots Accepted Ballots Rejected 37 CASAGRANDE NW 2,650 257 2,222 2,222 0 38 CASAGRANDE SW 1,108 85 775 774 1 39 CASAGRANDE RANCHO GRANDE 2,439 222 2,049 2,045 4 40 APACHE JCT SUPERSTITION 2,214 162 1,874 1,872 2 41 CASAGRANDE INTERCHANGE 2,431 231 2,143 2,142 1 42 APACHE JCT NW 1,531 181 1,202 1,200 2 43 APACHE JCT SW 2,189 170 1,847 1,846 1 44 APACHE JCT SE 2,205 230 1,821 1,811 10 45 APACHE JCT NE 1,841 230 1,621 1,618 3 46 APACHE JCT EAST 1,767 155 1,620 1,620 0 47 APACHE JCT CENTRAL 1,734 147 1,383 1,380 3 48 GOLD CANYON 2,195 198 2,017 2,014 3 49 QUEEN VALLEY 423 13 340 338 2 50 SUPERIOR 1,141 35 846 845 1 51 SUPERIOR WEST 33 3 26 26 0 52 SUTTON SUMMIT 111 2 81 80 1 53 CHUI CHU 111 3 76 76 0 54 THUNDERBIRD FARMS 1,256 43 923 922 1 55 CASAGRANDE WEST 1,862 135 1,415 1,411 4 56 APACHE JUNCTION NORTH 1,801 207 1,531 1,529 2 57 APACHE JUNCTION N. CENTRAL 1,910 180 1,759 1,757 2 58 APACHE JUNCTION E. CENTRAL 1,414 190 1,248 1,247 1 59 APACHE JUNCTION SOUTH 2,401 238 2,117 2,114 3 60 BLACKWATER 361 5 168 167 1 61 SAN TAN 392 15 184 184 0 62 CASABLANCA 443 5 221 220 1 63 APACHE TRAIL 1,139 118 902 901 1 64 SUPERSTITION MOUNTAIN 2,240 222 2,133 2,129 4 66 MOUNTAINBROOK VILLAGE 1,312 131 1,263 1,263 0 67 HIDDEN VALLEY 1,109 70 807 806 1 68 SAN TAN PARK 3,116 187 2,512 2,507 5 69 BELLAVISTA 1,506 88 1,154 1,152 2 70 COPPER BASIN 3,188 311 2,623 2,615 8 71 SCHNEPF 1,859 116 1,526 1,524 2 72 PERALTA 960 69 853 853 0 73 SAN TA ROSA 1,420 57 1,120 1,117 3 74 EL DORADO 2,143 98 1,696 1,694 2 75 WALKER BUTTE 2,468 182 1,912 1,911 1 76 PECAN CREEK NORTH 2,482 159 1,918 1,911 6 77 AK CHIN COMMUNITY 222 0 126 125 1 78 MARICOPAMEADOWS 2,270 99 1,835 1,831 4 EXHIBIT A-5 Precinct Ballots Sent Early In Person Ballots Received Ballots Accepted Ballots Rejected 79 MARICOPAFIESTA 2,429 128 1,922 1,916 6 80 PROVINCE 5,450 253 4,571 4,565 6 81 IRONWOOD COMMON 2,270 177 1,926 1,923 3 82 CRUZ PARK 778 54 484 479 5 83 COYOTE RANCH 2,367 166 1,940 1,938 2 84 GOLD CANYON NORTH 967 72 853 853 0 85 SAN TAN HEIGHTS 2,233 135 1,712 1,705 7 86 CIRCLE CROSS RANCH 3,819 267 3,191 3,188 3 87 JOHNSON RANCH EAST 2,123 113 1,633 1,626 7 88 IRONWOOD CROSSING 6,223 459 5,392 5,391 1 89 QUAIL HOLLOW 2,721 178 2,108 2,102 6 90 SENITA 1,922 82 1,417 1,409 8 91 SILVERBELL 1,256 95 993 992 1 92 EAGLE CREST 3,273 116 3,011 3,008 3 93 ORACLE SOUTH 1,102 16 899 896 3 94 SKYLINE RANCH 2,482 178 1,980 1,977 3 95 QUEEN CREEK SOUTH 2,224 157 1,851 1,847 4 96 SAN TAN RANCHES 1,782 134 1,550 1,548 2 97 COPPER BASIN SOUTHEAST 2,252 156 1,783 1,780 3 98 LINKS ESTATES 1,786 77 1,445 1,444 1 99 MISSION VALLEY 1,978 195 1,662 1,662 0 Total 182,240 12,586 148,926 148,650 274 EXHIBIT A-6 PINAL BALLOT ISSUE REPORT 2020 GENERAL ELECTION Precinct Ballots Early in Ballots Ballots Ballots Sent Person Received Accepted Rejected 40 Apache JCT Superstition 2214 162 1874 1872 2 42 Apache JCT NW 1531 181 1202 1200 2 43 Apache JCT SW 2189 170 1847 1846 1 44 Apache JCT SE 2205 230 1821 1811 10 45 Apache JCTNE 1841 230 1621 1618 3 46 Apache JCT East 1767 155 1620 1620 0 47 Apache JCT Central 1734 147 1383 1380 3 56 Apache JCT North 1801 207 1531 1529 2 57 Apache JCT N Central 1910 180 1759 1757 2 58 Apache JCT E Central 1414 190 1248 1247 1 59 Apache JCT South 2401 238 2117 2114 3 63 Apache JCT Trail 1139 118 902 901 1 GRAND TOTAL 22,146 2,208 18,925 18,895 26 EXHIBIT A-7 Maricopa County Final Election Summary Report Apache. Junction-Ma`-or (Vote for 1) Total Times Cast 175 / 229 76.42% Undervotes 25 Overvotes 0 Candidate Party Total BARKER, ROBIN NON 79 45.14% WILSON, CHIP NON 71 40.57% Write-in 0 0.00% Total Votes 150 Total EXHIBIT A-8 Page:1 of 1 11/16/2020 3:06:08 PM FINAL OFFICIAL RESULTS General Election Maricopa County November 3, 2020 Elector Group Counting Group Ballots Voters Registered Voters Turnout Total EARLY VOTE 167 167 72.93% ELECTION DAY 8 8 3.49% PROVISIONAL 0 0 0.00% Total 175 175 229 76.42% Registered Voters: 175 of 229(76.42%) Ballots Cast: 175 Apache Junction-Mayor (Vote for 1) Tota I Times Cast 175/229 76.42% Undervotes 25 Overvotes 0 Candidate Party Total BARKER,ROBIN NON 79 45.14% WILSON,CHIP NON 71 40.57% Write-in 0 0.00% Total Votes 150 Total EXHIBIT A-9 I�f�P �9 M A R I C O P A COUNTY 10 Early Voting Rejections Elections Department Nov 3 2020 General Election coUN�� City of Apache Junction SUMMARY - ALL PRECINCTS Counted Reason Code Description Count Cumulative Total: 0 Note: No Early Voting Rejections were set for this District or Jursdiction EXHIBIT A-10 8/13/2020 1:31:25 PM Page 1 of 1 Page: 1 of 3 11/16/2020 3:36:59 PM FINAL OFFICIAL RESULTS General Election Maricopa County November 3, 2020 Precinct Registered Cards Cast Voters Cast %Turnout Voters County Election Wide 0022 APACHE EARLY VOTE 229 167 167 72.93% ELECTION DAY 229 8 8 3.49% PROVISIONAL 229 0 0 0.00% Total 229 175 175 76.42% Election Wide-Total 229 175 175 76.42% County-Total 229 175 175 76.42% EARLY VOTE 229 167 167 72.93% ELECTION DAY 229 8 8 3.49% PROVISIONAL 229 0, 01 0.00%I EXHIBIT A-I I Page: 2 of 3 11/16/2020 3:36:59 PM Apache Junction-Mayor (Vote for i) Z a m 2 U: v V O d Z ^ o v a) Y Z Z of 2, a cc: p p Precinct F Uf j 0 Precinct m Z � z County County Election Wide Election Wide 0022 APACHE 0022 APACHE EARLY VOTE 167 229 23 0 EARLY VOTE 77 46.11% 67 40.12% ELECTION DAY 8 229 2 0 ELECTION DAY 2 25.00%1 4 50.00%I PROVISIONAL 0 229 0 0 PROVISIONAL 0 0 Total 175 229 25 0 Total 79 45.14% 71 40.57% Election Wide-Total 175 229 25 0 Election Wide-Total 79 45.14% 71 40.57% County-Total 175 229 25 0 County-Total 79 45.14% 71 40.57% EXHIBIT A-12 Page: 3 of 3 11/16/2020 3:36:59 PM a� 0 c o m Precinct County Election Wide 0022 APACHE EARLY VOTE 0 0.00% 144 ELECTION DAY 0 0.00% 6 PROVISIONAL 0 0 Total 0 0.00% 150 Election Wide-Total 0 0.00% 150 County-Total 0 0.00% 150 EXHIBIT A-13 MA R I C O P A COUNTY Provisional Totals by Precinct - Canvass 1 r E 1377 2020-11-03, Maricopa County, Nov 3 2020 Elections Department General Election Aj Apache Junction City PRECINCT #0022 Counted Reason Code Description Count Yes A7 ID ADDRESS DOESN'T MATCH SIGNATURE ROSTER 1 Total Yes 1 No B10 YOU ARE NOT REGISTERED TO VOTE 1 Total No 1 PRECINCT #0022 TOTAL 2 EXHIBIT A-14 11/17/2020 6:41:36 PM Page 1 of 2 MA R I C O P A COUNTY Provisional Totals by Precinct - Canvass 1 r E 1377 2020-11-03, Maricopa County, Nov 3 2020 Elections Department General Election Aj Apache Junction City SUMMARY - ALL PRECINCTS Counted Reason Code Description Count Yes A7 ID ADDRESS DOESN'T MATCH SIGNATURE ROSTER 1 Total Yes 1 No B10 YOU ARE NOT REGISTERED TO VOTE 1 Total No 1 Cumulative Total: 2 EXHIBIT A-15 11/17/2020 6:41:36 PM Page 2 of 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. Piz File ID: 20-481 Sponsor: Bryant Powell and Mike Wever Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Presentation of 40-year Service Award to Keith Bedwell of the Public Works Department. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 7. �Piz oN* File ID: 20-614 Sponsor: Jeff Serdy Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 20-615 Sponsor: Bryant Powell Agenda Date: 12/1/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 9. Piz File ID: 20-617 Sponsor: Bryant Powell Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Presentation, discussion and update on the first quarter financial report. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 10. �Piz oN* File ID: 20-618 Sponsor: Al Bravo Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Presentation, discussion and update on the 2020 and 2021 Citizen Leadership Institute classes. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 11. �Piz oN* File ID: 20-597 Sponsor: Al Bravo Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Presentation and discussion of the US Census efforts utilized in the area. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 12. �Piz oN* File ID: 20-624 Sponsor: Rudy Esquivias Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1499 (case PZ-7-19), a city-initiated rezoning of a 2.37-acres property located at 978 E. Roosevelt Street, from General Rural Low Density Single-family Detached Residential ("RS-GR")to Medium Density Single-family Detached Residential by Planned Development("RS-20/PD")for the purpose of creating land split and development opportunities. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 o� PQACHE✓G�C1 . y= City of Apache Junction gRizoN� Development Services Department �,m�✓"'""� P Date : December 1, 2020 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Kendra Ellner, Planning Intern Subject : December 1, 2020, City Council Public Hearing Item: PZ-7-19 (Ordinance No. 1499) , City initiated rezoning of 978 E . Roosevelt St. Background The 2 . 37 acre property being considered in this rezoning is located between N. Royal Palm Road and Cactus Road, on the North side of E . Roosevelt Street. The parcel is identified as Pinal County Tax Parcel No. 101-18-0340 and is proposed to be rezoned from General Rural Low Density Single-Family Detached Residential ("RS-GR") to Medium Density Single-Family Detached Residential by Planned Development ("RS-20/PD") , with a Minor General Plan Amendment from Low Density Residential to Medium Density Residential in order to bring the property into conformance with the surrounding neighborhood including allowing for a land split and horse privileges on property. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on November 10, 2020 (planning staff report and exhibits attached) . The Commission voted to continue the case to their Planning and Zoning Commission meeting on December 8, 2020 . Staff was directed to come back with two additional lot split options . In order for the Commission to make a properly informed decision, the exhibits requested will include the approximately 2 . 37 acre parcel to be split directly in half; and the other depicting a 1 . 25 acre split on the west side of the parcel and 1 . 12 acre lot on the east. The attached draft ordinance represents staff' s recommendation at this time . One neighboring property spoke at the public hearing, James Boerighter, who lives directly east of the subject property. His main concern was that he did not want any horses next to his property. Staff Recommendation Staff still recommends the approval of city-initiated rezoning case PZ-7-19 subject to the conditions found in the staff report. Because this case was advertised for the Council meeting of December 1st, Council has the option of deciding on this case; or they can continue the item to their meeting of December 15th or January 19, 2021, in order to give the Commission the opportunity to formally make a recommendation on the case . Attachments: - Draft Ordinance No. 1499 - PZ Staff Report from November 10, 2020, with all attachments. ORDINANCE NO. 1499 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-7-19, A PROPOSED REZONING FROM GENERAL RURAL LOW DENSITY SINGLE- FAMILY DETACHED RESIDENTIAL ("RS-GR") TO; MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL BY PLANNED DEVELOPMENT ("RS-20/PD") REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, this property is currently designated "Low Density Residential" by the City' s General Plan land use map; and WHEREAS, the proposed rezoning of the 2 . 37 acre property represents a minor General Plan amendment because less than 10 acres is being rezoned, but lots smaller than 1 . 25 acres are proposed to be created; and WHEREAS, the proposed rezoning would allow the creation of lots that are in character and in conformance with the surrounding immediate neighborhood; and WHEREAS, as part of this rezoning the City intends to split the parcel with Planned Development deviations to mitigate topographical constraints and allow for other development opportunities; and WHEREAS, on November 10, 2020, the Apache Junction Planning and Zoning Commission voted to continue the rezoning case PZ-7- 19, to consider additional land split and development options and; WHEREAS, on December 8, 2020, the Commission will vote to to approve/deny PZ-7-19 . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the zoning district map for the parcels of land legally described as : ORDINANCE NO. 1499 PAGE 1 OF 3 The Southeast quarter of the Northwest quarter of the Southwest quarter of the Northeast quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West 16 . 5 feet thereof; and EXCEPT therefrom, all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Docket 172, Page 368 . be and hereby is amended from General Rural Low Density Single- Family Detached Residential ("RS-GR") to, Medium Density Single- Family Detached Residential by Planned Development ("RS-20/PD") subject to the following conditions of approval : 1) Following effective rezoning approval, City staff shall take all necessary steps to split property as conceptually approved. 2) Staff shall coordinate with the City Engineer on any additional right of way or utility easement needs, including the dedication of the south 25 feet of the property for roadway and utility purposes . 3) City shall disclose to prospective buyers that additional property improvements and service extensions may be necessary upon purchase . 4) All applicable permits and development fees will be due at the time of development. 5) The RS-20/PD zoning shall allow setbacks of 20-foot front and rear yards and 10-foot side yards; and 2 horses shall be allowed on each lot. SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such ORDINANCE NO. 1499 PAGE 2 OF 3 decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1499 PAGE 3 OF 3 O� PQACHIP✓G2C 4 .yiz City of Apache Junction Development Services Department qR/ZONP PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : November 10, 2020 CASE NUMBER: PZ-7-19 OWNERS/APPLICANTS: City of Apache Junction (owner/applicant) REPRESENTATIVE : Kendra Ellner REQUEST: Rezoning request from RS-GR (General Rural Low Density Single-Family Detached Residential) to RS-20 (Medium Density Single-Family Detached Residential) . For the purpose of developing the property and splitting the parcel into 3 lots, each approximately +/- 34, 485 sq. ft. LOCATION: The property, totaling approximately 2 . 37 acres, is located between Royal Palm Road and Cactus Road, on the North side of E . Roosevelt Street. GENERAL PLAN/ ZONING DESIGNATION: Low density residential opportunity area. SURROUNDING USES : North: The Foothills Mobile Home Park (RS-GR) ; Superstition Skies Restaurant (RM-2) South: Two Single-Family Parcels (RS-GR) ; East: Single-Family home and duplex (RM-2) West: Two Single-Family Parcels (RS-GR) PZ-7-19 City of Apache Junction Page 1 of 5 Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 BACKGROUND In July of 2019, Development Services Staff sought direction to staff from the Commission to process a city initiated rezoning after the City acquired this land as a donation from the former owners in 2016 . This parcel had a history of neighborhood complaints and code compliance issues . It was often occupied by vagrants and trespassers while the owners of the property lived in Germany. The City was notified of these issues by the neighbors and were able to remove the trespassers and their assembled structures with the property owner' s cooperation. Following these events, the owner did not wish to deal with the parcel any further and thus donated it to the city. The City received approval from the Commission on July 23, 2019 to proceed with the requested city initiated rezoning and a parcel land split. The parcel is currently zoned RS-GR (General Rural Low Density Single-Family Detached Residential) ; the minimum lot size is 1 . 25 gross acres (54, 450 sq. ft. ) . PROPOSAL In order to properly rezone and split the parcel and to keep the new lot sizes in conformance with the recommended zoning, staff was originally seeking approval to rezone the property to RS-20 (Medium Density Single-Family Detached conventional homes/ 20, 000 sq. ft. minimum lots) . If approved, the rezoning will be followed by a 3-lot land split, creating lots of approximately 34, 485 sq. ft. each. Staff believes the rezoning will provide for the highest and best use of the property and the City will eventually sell the new parcels . The Commission has consented that Planning Staff take all necessary actions to meet the legal requirements set forth in state law regarding notification of this pending action. Staff believe the rezoning and land split of this property would designate a compatible land use pattern for the area and provide new owners the opportunity to build three new homes . More recent and timely topographical information (see Exhibit #7) , about the property has led the staff to recommend rezoning to RS-20/PD instead, for reasons explained below. PZ-7-19 City of Apache Junction Page 2 of 5 Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The subject site is designated by the City' s General Plan as a "Low Density Residential" opportunity area, normally characterized by 1 . 25 acre single-family lots . Because this rezoning proposes lots smaller than 1 . 25 acres, but does not include an area larger than 10 acres, the rezoning is considered a minor General Plan amendment. The proposed rezoning, however, is in character with the development of the neighborhood with regard to varying lot sizes and uses in the area. Zoning/Site Context: Residential developments exist to the north, south, east and west of the site including a small mobile home park property at the northwest corner. The parcels to the south and west are still zoned RS-GR, but there is also designated RM-2 High- density residential directly to the east. The proposal is to rezone and split a vacant low density parcel into 3-medium density parcels . In essence, a parcel split should allow additional single-family development and create a variety of land uses in the surrounding residential neighborhoods . The site is less than a mile from downtown. Quick access to Old West highway and N. Apache Trail will support the growing density and economic activity of Apache Junction where the City is trying to create a cohesive and vibrant community. Planned Development Zoning: Because of the site' s undulating topography and tributary washes; and because of the character of the greater surrounding neighborhood including many horse properties; staff proposes that the rezoning be to RS-20 by Planned Development (RS-20/PD) . Furthermore, as planned development deviations, staff recommends setbacks of 20-foot front and rear; and that 2 horses per lot be allowed. Infrastructure Improvements: Currently there are some utility services on the site that haven' t been utilized in over a year. If the land is to be sold and developed, new owners will need to contact utility providers to bring additional services to the site . Further improvements to the site, such as grading have been discussed with Public Works, and proposed listing of the parcels will follow the rezoning and land split. PZ-7-19 City of Apache Junction Page 3 of 5 Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 Public Input: The City sent the required documentation and posted signage to inform the residents within 300-ft on October 19, 2020 and newspaper display advertising on October 24, 2020 . Staff received two questions via telephone from one neighboring property-owner. They were generally in favor of the rezoning but had a concern about the quality of the roadway and wondered if the City would be doing additional road improvements . Currently the site is accessed from Cactus Road and is partially improved with chip seal . Extension to Royal Palm is currently under discussion internally. The other question was about how the property is going to get access to utility services . Planning staff is working with the Water District on the possibility of infrastructure improvements to the site, which will eventually be served by AZ Water Co. PLANNING DIVISION RECOMMENDATION The Planning Division recommends approval of the rezoning request, from RS-GR to RS-20/PD, with conditions as listed under the recommended motion below: RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL) of rezoning case PZ- 7-19, a request by the City of Apache Junction (owner/applicant) , represented by Kendra Ellner, to rezone a +/-2 . 37 acre property located between N. Royal Palm Road and N. Cactus Road, on the North side of E . Roosevelt Street from RS-GR (General Rural Low Density Single-Family Detached Residential) to RS-20/PD (Medium Density Single-Family Detached Residential by Planned Development) , for the purpose of creating an opportunity for a 3-parcel land split under the following conditions : 1) Following effective rezoning approval, City staff shall take all necessary steps to split property as conceptually approved. 2) Staff shall coordinate with the City Engineer on any additional right of way or utility easement needs, including the dedication of the south 25 feet of the property for roadway and utility purposes . 3) City shall disclose to prospective buyers that additional property improvements and service extensions may be necessary upon purchase . PZ-7-19 City of Apache Junction Page 4 of 5 Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 4) All applicable permits and development fees will be due at the time of development. 5) The RS-20/PD zoning shall allow setbacks of 20-foot front and rear yards and 10-foot side yards; and 2 horses shall be allowed on each lot. K Prepared by Kendra Ellner Planning Intern Attachments: Exhibit #1 - Vicinity Map Exhibit #2 - Aerial Map Exhibit #3 - Zoning Map Exhibit #4 - General Plan Future Land use area map Exhibit #5 - Conceptual Land Split Map Exhibit #6 - Conceptual Net Area Diagram Exhibit #7 - Topography Map PZ-7-19 City of Apache Junction Page 5 of 5 Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 D b Vicinity Map PZ - 7 - 19 my+N�M :•, City-initiated rezoning request from RS-GR to RS-20 for 978 E Roosevelt St . RM-2 101180340 RS-G R ® Subject Site N 0 50 100 Feet )ate: 7/17/2019 ter:•, �g r AF f � i 1• � gyp' ��',� �, �' • • ' e Grp , 011e101180340 A ,& Vat •r �� `fir„ Project: 978 E. Roosevelt �j>! •, ~ _ -0.. Apache Junction, AZ 85119 4 "` Parcel: 101180340 :mot •+ ., l 1 \ - •n M1nckeiilps Blv DISCLAIMER: This exhibit was produced without beneflt of a field survey and Is not Intended to represent a survey Lost Dutchman Blvd —e City Of Apache l�llIIlCt �p • document of any kind. Distances shown hereon are IlOYfl approximate.Parcel lines shown hereon are approximate P� �I and may not reflect the exact position or alignment of TD superstition Blvd r Z-7-119 Aerial Exhibit parcel lines, roadway center lines, or easement lines. ApscheTrl ■ LEGEND o Broadway Ave 1 rye n Ave Subject Site Parcels Souther —IL Baseline Ave N Cc a � ° E July 17, 2019 e M ~ `� 0 50 100 200 G:%Projects,[•eveiopmentServ,ces%PlanningAnd Development%PlannedZoning,a es12D19%PZ_7_19_Aerial.mxd iiiiiiiiiiiiiiiiiiiiiiiiiiiiFeet RM-2 101180340 RS-G R - SO c e fps L3]vd I DISCLAIMER:This exhibit was produced without benefit of a field survey and is not intended to represent a survey document of any kind. Distances shown hereon are Lost Dutchman Blvd re approximate.Parcel lines shown hereon are approximate aPQa° City of Apache JJunction and may not reflect the exact position or alignment of Superstition Blvd parcel lines, roadway center lines, or easement lines. ApacheTrl PZ-7-19 Zoniiig Exhibit Broad -ay,Ave qa,,y LEGEND Y I esryhY m Southern Ave Q Subject Site Parcels Baseline Avel Zoning Districts N cr RM 2 L ° cc E _ RS-GR July 17, 2019 S v_ ~ 0 50 100 200 -pt.,.,.es;rarimnoAnd De,eaq,ncnnPiannedZonmgCaws%20191PZ_7_19_Zomnd iiiiiiiiiiiiiiiiiiiiiiiiiiFeet 4" • • E. • • ?� ' " ! i ESCENIC-ST O p 978 E Q ROOSEVELT ST [101180340] Q 85119 O z z E•ROOSEVEL-T•ST E•ROOSEVEL-T-ST p J � E TAMARISK,ST U - Z E-TAMARISK•ST Legend Future Land Use (General Plan 2020) Land Use Detail Low Density Residential (1 DU/1.25 AC) Medium Density Residential (10 DU/AC Max) High Density Residential (40 DU/AC Max) Downtown Mixed Use E-JUNCTIOWST f M Public/Institutional t I �.r TERRAPIN•DR—AJG1'S DISCLAIMER:This map was produced without benefit of a field survey and is not the intended use.The use of this map is for informational purposes only and the City of Apache Junction makes no warranty,expressed or implied,regarding the reliability of the information provided. VICINITY MAP APACHE JUNCTION LAND SPLIT MAP LSM -NOT TO SCALE SUPERSTITION BLVD. A PORTION OF THE NORTHEAST 1 /4 OF > SECTION 21 T. 1 N . > >R.8E. G .&S . R . B .&M . Tye � Y PINAL COUNTY, ARIZONA (APN 101 - 18-034) CENTER NORTH 1/16 4 CORNER SECTION 21 , SECTION 21 I � FND 3/4" PIPE E. SCENIC ST. N89°49'15"E 1321 .31 ' BROADWAY AVE. NORTHEAST 1/16 CORNER CERTIFICATION OF APPROVAL: SECTION 21 , FND COTTON THIS /S TO CERTIFY THAT THIS MAP COMPLIES WITH THE FND 1/2" REBAR, UNR, AFF; PICKER SPINDLE REQUIREMENTS OF THE CITY OF APACHE JUNCTION, AND THAT I ALSO FND 1/2" REBAR IN FENCE IS I THIS LAND SPLIT MAP IS HEREBY APPROVED ON THIS CONCRETE, 0.9' NORTH, NA 0.4' SOUTH FND 1/2" FENCE IS 0.4' SOUTH NORTH LINE L CONCRETE, AFF REBAR IN DAY OF 2020. REBAR, UNR W 48'59"E 313.86' x — 104.61 ' 104.62' 104.62' I BY: N 16.5- / DEVELOPMENT SERVICES DIRECTOR FENCE IS SCALE 1 " = 60 1 ' EAST 30 I �� WEST FACE WALL // _ IS 0.8 EAST 0 60 120 WEST LINE L /, � 0 WNERS (FEE NO. 2016-014008) Lz p � Lo , / w I_ CITY OF APACHE JUNCTION, AN ARIZONA MUNICIPAL CORPORATION o l � ai L �� n0 6 oo M 06 -J ,� 3 � Q ;� © O ZD -t 't't oco oco0 ❑ wF- Q 0) pp C14I 001 0 / O N O M © o ' � U 0 p z Z z z CERTIFICA TION z 16.5' I Z THIS IS TO CERTIFY THAT THIS SURVEY AND THE MAP OF Z .' DIVISION OF LAND DESCRIBED HEREIN WAS ACCURATELY ' I DONE UNDER MY DIRECTION ND THAT ALL LOTS ARE FENCE IS I = STAKED AND ALL MONUMENT ARE SET p LAN0 2 EAST 16.5 \FICATF o�9� x EAST LINEQ o ,� x 21773 104.64' x x -104.62'- x x -104.62' � JAMES A. 04 0 7° 989-48'43"W 313.88' _ I HEWITT��pl FND 1/2' E. ROOSEVELT ST. FND 1/2" REBAR, JAMES A. HE ITT R.L.S. # 2177,3 REBAR, UNR LS 64347 F` 9�x��NA U•S•P ,� FND 1/2" REBAR, SOUTH LINE L LS 34711 RES 3 i I o con o °; I CENTER SECTION 22 o C° z Y 660.87' - - - 660.87' N89'50'35"E 1321 .59' - Q S89'48'1 1 "W 1321 .74' (BOB) _ LEGEND E. JUNCTION ST. EAST 1/4 CORNER � CENTER EAST 1/16 SECTION 21 0 © FND MONUMENT AS NOTED AFF ACCEPTED, AFFIXED © SOUTHEAST 114 OF NORTHWEST CORNER SECTION 21 ■ SET 112" REBAR, LS 2177J CAP/TAG LS 2177J 114 OF SOUTHWEST 114 OF Z © FND BRASS CAP IN HAND HOLE UTILITY POLE NORTHEAST 114 OF SECTION 21 FND FOUND OVERHEAD UTILITY WIRES 0 EXCEPTION TO SUBJECT PARCEL - 0- 0- BLOCK WALL PER FEE NO. 2016-014008 ABILITY LAND SURVEYING INC. � 2 SHEET 0 UNR CAP/TAG UNREADABLE FENCE © CONCRETE SLAB BOB BASIS OF BEARINGS — x x APPROXIMATE FLOW LINE OF SPLIT PARCEL LETTER DESIGNATION 185 SOUTH MOUNTAIN VIEW ROAD DATE APN ASSESSORS PARCEL NUMBER - < -- <--- � 5�20 WASH (AND DIRECTION OF FLOW) APACHE JUNCTION, ARIZONA 85119 NA NOT ACCEPTED JOB NO. PH 480-982-0413 120-0305 , i i 9 978 E Roosevelt St IL A Setbacks To Be Dedicated Ell Area to Excavate Area to Fill f ❑ ��♦� ►♦aBuildable Outside Setbacks CD 631.56 Sq Ft �! ►` ♦� 1 ► El ►°♦ ►h/ ♦ MEN=Feet milk �♦ ♦♦ ♦� 1154 � ,�°, �Ii .B ����♦�� Oar ,'��*- >-� - -♦-♦ ♦-♦J♦°��°♦��l� ♦�-�-�-�������������♦ �♦♦♦��♦♦♦�►�o�o�o�0�0�0,�o�1it�i - -♦vim Q CD ❑ PZ-7- 19 City- Initiated Rezoning 978 E . Roosevelt Street Fro m RSGR to RS20/PD City of Apache Junction City Council MeetingC�I December 1,, 2020 Background • The +/-2 . 37-acre subject property was abandoned for several years often occupied by trespassers while owners lived in Germany. • The City was notified about complaints and compliance issues, and were able to remove non-conforming structures and trespassers with owner cooperation . • Owner no longer wished to deal with the parcel, therefore they donated it to the City. • On July 23, 2019 the City received direction to staff. Map Zoning properties : Surrounding RM-2 ( Multi-family RM-Z Residential ) - RS-GR ( Low-density 101180340 RS-GR Residential ) • O=UU i8t nel meat.ae oloo+oea leowut x^-•. d i M!q P/Y!)ana'e rot IYlr1010 b nlpreeert i ell-.-. • • for ollM�rn lA'G �• 11a7 neM Of WV OW D=rCOG V~ WOW .1- �A Avadmm P7o&Irfe uwwl Meteor in appoelrule City of Apache J 11 i c t i o 11 and rli,M rellecf en sac POGIOM or aqe or ,e•d.,. PZ-7-IQ Zoning+ Exhibit LEGEND • Q Subject Sae Paroe,s frrMr• Zoning Districts N a i ie _ RM-= A RS-GR July 17, 2019 so 100 200 AF , . ' %9 • dbd • �- • _ I 0 i OL• �. \ • • • �2 j;1101180340 'Will ~ �; N Xx • DISCLAIMER.Thn e,hEd oe was pMdud without.— • ` • �• _ / S of a firm so_<y and,s to rrvr<srnl a survey W - Loetw.d,m.-ewa— City of Apache Ii111Ctloll do`°o'rnt or any kmd. shown he snow- nrreon avvro=mate any nnes snow-ne.eon an avvro,mate • • a e and may not retleot the e=aot positron a al•Qnme nt of ` PZ -19 Aerial Exhibit pare lines. roadway tMt«Ines or eas<m<nt 1—s Project: 978 E. Roosevelt - ApacMTd LEGEND Apache Junction. AZ 85119 p Subject Site Parcels Parcel 101180 340 �s�f easesne Ave N60 - • 831July 17, 2019 r h r 0 50 100 200 Proposal • Rezone the vacant +/-2.37-acre property from RS-GR to RS-20/PD ( instead of RS-20), for the purpose of processing a 3-lot split to eventually sell and redevelop for additional single-family residences. • Recommended planned development to help mitigate topographical constraints with reduced setbacks and to allow 2 horses in character with neighborhood . Analysis and Staff Recommendation • Proposal conflicts with the City's General Plan ; but is considered a minor amendment. • 2020 General Plan states " Low Density Residential " opportunity area . • Currently a low density parcel proposed to be split into 3- medium density parcels with a planned development overlay because of topographic constraints . • New utility services will need to be coordinated by new owners . h • • E. ROOSEVELT ST Feet 2020 General l' IN Plan Area Map E SCENIC ST Variety of � Future Land Uses : g 978 E N a ROOSEVELTST a [101180340] iz 85119 0 z w E ROOSEVELT-ST EROOSEVELT•ST O K J � -�E TAMARISK•ST L r E-TAMARISK-ST R Legend Future Land Use (General Plan 2020) Land Use Detail Low Density Residential(1 DU/1.25AC) Medium Density Residential(10 DU/AC Max1 High Density Residential(40 DU/AC Max) Downtown Mixed Use E JUNCTION ST Public/lnstitutional TERRAPIN oR D:SCLAIMLR This map—pmduced uiMauf herein of a Seld—y and is ml the intended,%,.The,%,cites nap is fr in IM-1icnal psipaus only and the City of Apach,J,—icn mares no--ty.expressed or inpl—regarding the rNiabi.y c't�e r.rmation pr. �cd Conceptual VICINITY MAP APACHE JUNCTION LAND SPLIT MAP LSM- - NOT TO SCALE spP£Rsr?>.o"BLVD. A PORTION OF THE NORTHEAST 1/4 OF --E 7 I-.._..,,_ �iis T_+._..._o Land SplitSECTION 21, T.1 N., R.8E., G.&S.R.B.&M. of PINAL COUNTY, ARIZONA (APN 101-18-034) =I I CENTER NORTH 1/16 CORNER SECTION 21, SECTION,21 FND 3/4"PIPE E. SCENIC ST. I N8949'15"E 1321.31' • BROADWAY AVE. NORTHEAST 1/16 CORNER CERTIFICATION OF APPROVAL: SECTION 21, FND COTTON THIS IS TO CER7FY THAT THIS MAP COMPLIES WITH THE FND 1/2"REBAR, UNR.AFF; PICKER SPINDLE REQUIREMENTS OF THE CITY OF APACHE JUNCTION,AND THAT ALSO FND 1/2"it— IN FENCE IS THIS LAND SPLIT MAP IS HEREBY APPROVED ON THIS CONCRETE,0.9' NORTH, NA 0.4' SOUTH FND 1/2" FENCE IS 0.4' SOUTH NORTH LINE FND CONCRETE•R�R IN pqy OF 2020. REBAR, UNR N89'48'59"E 313.86' 1 104.6' 104.62' 104.62' BY.• N 16.5' / DEVELOPMENT SERVICES DIRECTOR FENCE IS Proposed 3- lot SCALE 1" = 60 1• EAST �L /L� 30 I I! - WEST FACE WALL ® 1 L/ IS 0.8, EAST 0 60 120 WEST LINE �/` N I/ � \, M OWNERS (FEE NO. 2016-014008) CITY OF APACHE JUNCTION,AN ARIZONA MUNICIPAL CORPORATION land split; I ots of 01 w�N i G -o ro vI a a � z approximately o o 1 ZI 0 Z M Z n b U CERTIFICATION 0 z 16.5' -. Z THIS 15 TO CERTIFY TIWT THIS SURVEY AND THE MAP OF ® r DIVISION OF LAND DESCRIBED HEREIN WAS ACCURATELY Z I © I 1 DONE UNDER MY DIRECTION D THAT ALL LOTS ARE • FENCE IS STAKED AND ALL MONUMEN ARE SET. �J! o uao acres each . 2 EAST 18.5' EAST LINEQ x 104.64'-x -x-104.62'- x --104.62' _ - c 21M o I 589'48'43"W 313.88' asa FND 1/Y v E. ROOSEVELT ST. FND 1/2" REBAR, JAMES A. H ITT R.L.S.,{�21773 q/ P. REBAR, UNR LS 64347 2qa 0,� 1 FND 1/2" REBAR, SOUTH LINE '?CS 3-1 LS 34711 I ON I l CENTER SECTION 22 b. z Y - 660.87' N89'50'35"E 1321.59'.. Q S89'48'11"W 1321.74' (BOB) LEGEND E. JUNCTION sr. EAST 1/4 CORNER M CENTER EAST 1/16 SECTION 21 0 p FND MONUMENT AS NOTED AFF ACCEPTED,AFFIXED 0 SOUTHEAST 114 OF NORTHWEST CORNER SECTION 21 ■ SET 112'REBAR, LS 2177J CAP/TAG LS 21773 114 OF SOUTHWEST 114 OF Z 92 FND BRASS CAP IN HAND HOLE UTILITY POLE NORTHEAST 114 OF SEC77ON 21 FND FOUND -'—"- OVERHEAD UTILITY WIRES EXCEP770M TO SUBJECT PARCEL BLOCK WALL PER FEE N0. 20f8-014008 14BILITY LAND SURVEYING INC" i"o 20. UNR BASIS UNREADABLE " " © CONCRETE SLAB BOB BASIS OF BEARINGS -"—x- FENCE �� APN ASSESSORS PARCEL NUMBER - < --�-- APPROXIMATE FLOW LINE OF A® SPLIT PARCEL LETTER DESIGNA77ON 185 SOUTH MOUNTAIN VIEW ROAD 5 20 WASH(AND DIRECTION OF FLOW) APACHE JUNCTION, ARIZONA 85119 5/ � NA NOT ACCEPTED PH 480-982-0413 20-0305 Conceptual Net Area Diagram Staff recommends setbacks of 20- IP foot front and rear; and 2 VIOIO horses per lot should be allowed . 978 E Roosevelt St Topography : : 20' 20' 20' 1 Legend p •L `? � �` I O Parcel To Be Split r•, 17 -�J, h6�• •� (� Setbacks Ma 1759 To Be Dedicated 7.5E Area to Excavate 684.31 Sq Ft Area to Fill 490.40 Sq Ft jl1�� y }, r � � Buildable Area 1,755 I, 2448.84 Sq Ft • f '^s 1757t ' O Outside Setbacks 631.56 Sq Ft 1763 ' I 1762 N � ar,�y1 t 1761 A } • ; 4 754 1758 - ^ Foot 59 f y� h� November 02. 2020 1 ,��• � I.�R7,56 L. �� �. 9J � � Y Ii 1751 ' t 17511) , fh' a •. 1756 1:758 n 4 ys� ,r � J I 110' so 10'10' 110 10, 10' ��► ! o � PC • - - - .0 � . -Rom. � � 25 25 PZ Commission Motion • PZ Commission meeting met on 11- 10-2020 • One neighbor spoke up about horse concerns . • Voted 6-0 to continue case, scheduled for December 812020 • Requested 2 additional land split exhibits Staffs Recommended Motion • APPROVAL of rezoning case PZ-7-19, a request to rezone a +/-2 .37 acre property located between Royal Palm Road and Cactus Road, on the north side of E. Roosevelt St, from RS-GR (General Rural Low Density Single-family Detached Residential ) to RS-20/PD ( Medium Density Single Family Detached Residential by Planned Development), for the purpose of creating a 3-parcel land split under 5 conditions. Staffs Recommended Motion Conditions : 1) City staff shall take all necessary steps to split property as conceptually approved . 2) Coordinate with the City Engineer on any additional right of way or utility easement needs, including the dedication of the south 25 feet of the property for roadway and utility purposes. 3 ) City shall disclose to prospective buyers that additional property improvements and service extensions may be necessary upon purchase . Staff's Recommended Motion Conditions Cont : 4 ) All applicable permits and development fees will be due at the time of development . 5 ) Allow setbacks of 20-foot front and rear yards and 10-foot side yards; and 2 horses shall be allowed on each lot. Land Split - • 0 d 0 2.37 RS-GR Y 3 0.79 RS-20 N 3 0.79 RS-20/PD Y (2 Recommended) 2 (half-split) 1.18 RS-GR/PD ? 2 (west/east) 1.25 and 1.12 RS-GR and RS-GR/PD Y for west lot /? For east lot 0 2.37 RM-2 (multi-family) N Questions and Discussion • PZ-7- 19 978 E . Roosevelt St . City of Apache Junction • Council may decide on rezoning or continue item to meeting of Dec . 15th to allow P&Z to make a recommendation . ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. �Pii File ID: 20-620 Sponsor: Thomas Kelly Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Presentation, discussion and approval on proposed Resolution No. 20-42 authorizing the city to enter into an intergovernmental agreement with Maricopa County for use of Maricopa County Sheriffs Office Basic Training Academy. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 PpAchF✓G2 pOLICE Department Pol ice ti h Apace Junction oce ;E og U Z Interdepartmental Memo cA4RiM`�� gRIZONP DATE: November 20, 2020 TO: Mayor and City Council FROM: Thomas E. Kelly, Chief of Police SUBJECT: IGA Between Maricopa County and City of Apache Junction Reference is made to the proposed Intergovernmental Agreement ("IGA") presented by Maricopa County to the City of Apache Junction regarding the Maricopa County Sheriff's Office ("MCSO") Basic Training Academy. This sworn officer training is an as-needed basis and generally has space for additional participants. The Apache Junction Police Department ("AJPD") does not have its own police officer training academy, any training must be provided as per the State of Arizona Peace Officer Standard Training ("AZPOST") regulations. MCSO requires that Apache Junction enter into the IGA for its training classes starting January 1, 2020 through December 31, 2022, should there be a need for academy participation. Adoption of Resolution No. 20-42 is respectfully requested. RESOLUTION NO. 20-42 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR PARTICIPATION IN IT' S OFFICER BASIC TRAINING ACADEMY. WHEREAS, Maricopa County Sheriff' s Office ("MCSO") has sworn officer training on an as-needed basis and generally has space for additional participants; and WHEREAS, the Apache Junction Police Department ("AJPD") does not have its own training academy; and WHEREAS, MCSO will provide AJPD, training for its recruits in accordance with the State of Arizona Peace Officer Standard Training ("AZPOST") regulations; and WHEREAS, pursuant to A.R. S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other governmental entities for joint or cooperative activities; and WHEREAS, AJPD and MCSO have crafted the legal arrangement in the form of the attached intergovernmental agreement which sets forth the terms and conditions of the services and obligations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The mayor and city council approve the form of the intergovernmental agreement, as set forth in Attachment A; and is hereby authorized to sign the agreement on behalf of the City. 2) The police chief and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020. RESOLUTION NO. 20-42 PAGE 1 OF 2 SIGNED AND ATTESTED TO THIS DAY OF , 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-42 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND CITY OF APACHE JUNCTION REGARDING MARICOPA COUNTY SHERIFF'S OFFICE BASIC TRAINING ACADEMY C-50-21- -X-00 This INTERGOVERNMENTAL AGREEMENT (IGA) is entered into by and between MARICOPA COUNTY, a political subdivision of the State of Arizona on behalf of the SHERIFF'S OFFICE, ("MCSO") and the CITY OF APACHE JUNCTION an Arizona municipal corporation, (`Apache Junction") on behalf of its police department, collectively referred to as the"Parties." Under A.R.S. § 11-952, which authorizes public agencies to enter into Intergovernmental Agreements, the Parties enter into this IGA regarding MCSO's Sworn Basic Training Academy. RECITALS As MCSO offers Sworn Officer Basic Training Academy on an as-needed basis and generally has space for additional participants and whereas Apache Junction does not have its own training academy and its sworn employee recruits are required to be trained according to the State of Arizona Peace Officer Standard Training Agreement ("AZPOST"). AGREEMENT Wherefore, the Parties enter into the following Agreement effective January 1, 2021 through December 31, 2022, the Initial Term, upon the Parties' approval. MCSO will: 1. Provide training space as available for Apache Junction PD recruit officers to attend scheduled Sworn Basic Training Academy. 2. Reserves the right in its sole discretion to decide whether the Apache Junction PD recruits maintain the academic standings necessary to continue in the academy class. 3. Retains the right, in its sole discretion,to dismiss any recruit for training, academic, ethical or disciplinary standards applicable to all sworn officer training academy participants. 4. Provide Apache Junction original individual training records for each Apache Junction PD recruit upon completion of the MCSO Academy or termination of the recruit's attendance at the MCSO Academy. MCSO will maintain records of lesson plans, class rosters, and other documentation common to the class as a whole consistent with the requirements of state law. 5. Treat Apache Junction PD recruits in the same manner as MCSO recruits for purposes of training, academics, ethics and discipline. 6. Require Apache Junction to investigate Apache Junction PD recruits should a situation arise for an internal affairs investigation concerning the actions of an Apache Junction PD recruit. 7. Bill Apache Junction a non-refundable registration in the amount of$750, payable to Maricopa County, per Apache Junction PD recruit. REV MCSO Sworn Basic Training Academy IGA 1 8. Review its costs annually and, if necessary, process amendments to this Agreement for future increases, not later than April of each fiscal year, to be effective with the new fiscal year. Apache Junction will: 1. Understand and agree that the curriculum will consist of the standard MCSO training program for MCSO, including MCSO's policies and procedures. 2. Provide worker's compensation insurance, salary, benefits, weapons, ammunition and uniforms for Apache Junction PD recruits. 3. Ensure its employee participants have received infectious disease testing and required immunizations and have undergone health related pre-requisites applicable MCSO academy attendees prior to the first day of training. Proof of the preceding requirements will be necessary for the participant's records prior to the academy start. Specific COVID-19 requirements: Ensure that registrants are tested for COVID-19 with negative results before the start of the academy within safe time parameters specified by MCSO Training. Ensure that required subsequent COVID-19 testing for current academy participants occurs as directed by MCSO Training. CDC guidelines will be followed for any participants testing positive. When a vaccine is available: Ensure its current academy participants and future registrants are immunized from COVID-19 according to MCSO policy. 4. Agree to pay MCSO within 30 days of receipt of invoice. 5. Accept that there is no guarantee that any minimum number of candidates from the Apache Junction will be accepted to attend the academy, because enrollment is based MCSO's determination of appropriate space/resource availability and because MCSO candidates have enrollment priority. The Parties agree: 1. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as"indemnitee")from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this IGA, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 2. This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership or other formal business association or organization of any kind, and the right and obligations of the Parties shall be only those expressly set forth in this Agreement. REV MCSO Sworn Basic Training Academy IGA 2 3. Parties acknowledge that under this IGA no employee or participant of the Apache Junction PD is to be considered a County employee, and that no rights of County merit, County retirement, or County personnel rules shall accrue to such individual. Apache Junction PD shall have total responsibility for all salaries,wages, bonuses, retirement, withholdings, workman's compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and shall save and hold MCSO harmless with respect thereto. 4. Each Party to this Agreement warrants compliance with the Immigration and Nationality Act (INA using E-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23- 214(A). Each Party shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the other party upon request.These warranties shall remain in effect through the term of this Agreement. Each party and its subcontractors shall also maintain Employment Eligibility Verification forms (1-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under this Agreement and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. 1-9 forms are available for download at USCIS.GOV. Each Party retains the legal right to inspect contractor and subcontractor employee documents performing work under this Agreement to verify compliance with this Agreement. Each Party and its subcontractors shall be given reasonable notice of the other party's intent to inspect and shall make the documents available at the time and date specified. Should either Party find that the other Party or any of its subcontractors are not in compliance; such non-compliance may be considered a material breach of this Agreement and may pursue any and all remedies allowed by law. Nothing set out herein shall make any subcontractor an agent or employee of either Party. 5. Each Party shall comply with all applicable laws, ordinances, executive orders, rules, regulations, standards, and codes of the federal, state, and local government's whether or not specifically referenced herein. The Parties agree that there will be no discrimination as to race, sex, religion, color, age,creed, or national origin in regard to obligations, work, and services performed under the terms of any contract ensuing from this engagement. The Parties will comply with the Executive Order No. 11246, entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60). 6. In accordance with A.R.S. § 35-214, all books, accounts, reports, files, electronic data, and other records relating to this Agreement shall be retained and subject at all reasonable times to inspection and audit by the State of Arizona for six (6) years after completion of this Agreement. Upon request, each Party shall produce original of any and all such records. 7. Any litigation arising from the agreement or the performance thereof will be decided in the federal or state courts of Maricopa County unless otherwise agreed to between the Parties. The laws of the State of Arizona shall govern the construction and interpretation of this IGA. This Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the use of arbitration. REV MCSO Sworn Basic Training Academy IGA 3 8. This IGA may be amended only by the mutual written consent of authorized representatives for all Parties and requires Maricopa County Board and Apache Junction City Council approval. 9. This IGA may be terminated at any time by either Party by mailing the other Party written notice of termination by certified mail two (2) months in advance of the requested date of termination. In the event that a Party decides to terminate this IGA, the Parties shall consult prior to the date of termination to ensure termination on the most economical and equitable terms. The Parties agree that any such termination shall not become effective with respect to the current recruits then enrolled in a training rotation until the recruits'training is completed, provided that MCSO continues to have sufficient staffing and other resources to continue the training until that date. 10. Notice is given that pursuant to A.R.S. § 38-511 the Parties may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Parties is at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract.Additionally, pursuant to A.R.S § 38-511 the Parties may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Parties from any other Party to the contract arising as the result of the contract. 11. This IGA is effective when signed by the Parties. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed,copied, electronic and scanned signatures are acceptable as original signatures. 12. This document is the complete and exclusive statement of understanding between the Parties, and it supersedes all proposals, oral or written, and other documents or communications between the Parties relative to the subject matter herein covered, unless such documents or communications are specifically included by reference. 13. If any term, covenant, condition or provision of this IGA is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 14. Any provision of this IGA which is determined to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect. 15. Waiver of any breach of any term, conditions or covenant herein contained shall not be deemed to be a waiver of any subsequent breach of any term, covenant or condition herein. 16. This Agreement will automatically renew for up to two, one-year terms following the Initial Term, unless either Party provides notice to terminate, per Section 9., above. 4 REV MCSO Sworn Basic Training Academy IGA 17. Any notice to be given under this IGA shall be sent to the Parties listed below. If to MCSO: If to Apache Junction PD: Chief of Administration Apache Junction Police Dept. Maricopa County Sheriff's Office Police Chief 550 W Jackson, 51h Floor 300 E Superstition Blvd. Phoenix, AZ 85003 Apache Junction, AZ 85119 IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date of the last signature set forth below. City of Apache Junction, an Arizona MARICOPA County, a political subdivision Municipality of the State of Arizona BY: BY: Jeff Serdy Date Clint Hickman Date Mayor Chairman ATTEST: ATTEST: Date Fran McCarroll Date City Clerk Clerk of the Board City of Apache Junction Police Maricopa County Sheriff BY: BY: Thomas E. Kelly Date Paul Penzone Date Chief of Police Sheriff Approved as to form: Approved as to form: City Attorney Date Deputy County Attorney Date REV MCSO Sworn Basic Training Academy IGA 5 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. �Pii File ID: 20-645 Sponsor: Thomas Kelly Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Presentation, discussion, and approval on proposed Resolution No. 20-43 authorizing the city to enter into an intergovernmental agreement with the Town of Mammoth for transfer of used law enforcement equipment. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 PPpCMF� POLICE Apache Junction Police Department Z Memorandum 4RfzV(4 DATE: November 23, 2020 TO: Mayor and City Council FROM: Thomas E. Kelly, Chief of Police SUBJECT: IGA Between Town of Mammoth Police Department (MPD and the City of Apache Junction Police Department (AJPD) The Apache Junction Police Department ("AJPD") has outdated traffic enforcement related equipment that it no longer needs to use or has otherwise been replaced. Mammoth Police Department ("MPD") has an interest in using this equipment. An itemized list of the equipment is set forth in Exhibit A of the attached intergovernmental agreement ("IGA") which details the parties' obligations relating to the equipment exchange. The IGA also allows future law enforcement equipment to be exchanged. Staff requests council to adopt the IGA and accompanying resolution. EXHIBIT A Four (4) Intoxilyzer Portable Breath Test (PBTs) 1. Intoxilyzer 400 Serial #104245D in Designated Protective Box 2. Intoxilyzer 400 Serial #104342D in Designated Protective Box 3. Intoxilyzer 400 Serial # 104348D in Designated Protective Box 4. Intoxilyzer 400 Serial # 104350D in Designated Protective Box One (1) Dongle Electronic Key (for calibration of Intoxilyzer PBT) One (1) CD Intoxilyzer 400PA Operators Manual Two (2) Laser Labs Model 100 Tint Meters WITH Calibration Glass Tint 1. Tint Meter Serial # LL2960012048 in Designated Protective Box a. LL2960012048 DARK LENSE GLASS b. LL2960012048 LIGHT LENSE GLASS 2. Tint Meter Serial # 2051000059410 in Designated Protective Box a. Serial # H175059410 LIGHT LENSE GLASS b. Serial # LO25059410 DARK LENSE GLASS Two (2) Talon II Handheld Radar Units in Designated Protective Box with keys 1. Talon II Handheld Serial #TA02938 a. With four (4) Handheld Re-chargeable Battery Handles b. One (1) Car Adapter/Charger c. Two (2) Tuning Forks i. Serial # 66326 (55 MPH) with protective sleeve ii. Serial # 66203 (30 MPH) with protective sleeve 2. Talon II Handheld Serial #TA02484 a. Radar Dash Mount (inside case) i. Two small bungie cables to secure radar mount to dash. b. With two (2) Handheld Re-chargeable Battery Handles c. One (1) Car Adapter/Charger with remote d. Handheld Battery Charger e. Two (2) Tuning Forks i. Serial # 37122 (55 MPH) with protective sleeve ii. Serial # 35520 (30 MPH) with protective sleeve 2 RESOLUTION NO. 20-43 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF USED LAW ENFORCEMENT EQUIPMENT TO THE TOWN OF MAMMOTH. WHEREAS, the City of Apache Junction ("Apache Junction") through its police department is in possession of used miscellaneous law enforcement equipment, such as but not limited to, portable breath test devices, calibrators and radar units; and WHEREAS, the Town of Mammoth ("Mammoth") through its police department is in need of this used miscellaneous equipment; and WHEREAS, Apache Junction would avoid the additional expenditure of public funds for disposing of the equipment by directly relinquishing ownership to Mammoth; and WHEREAS, pursuant to A.R. S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, Apache Junction and Mammoth have crafted the legal arrangement in the form of the attached intergovernmental agreement which sets forth the terms and conditions of the transfer. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the form of the intergovernmental agreement for the transfer of used law enforcement equipment to Mammoth, as set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of Apache Junction. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. RESOLUTION NO. 20-43 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF 2020 . Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-43 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF APACHE JUNCTION USED LAW ENFORCEMENT EQUIPMENT TO THE TOWN OF MAMMOTH THIS AGREEMENT is made and entered into this day of , 2020, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "Apache Junction") and the TOWN OF MAMMOTH, ARIZONA, an incorporated Arizona Town (hereinafter referred to as "Mammoth"), both of which are referred to collectively as the "Parties" or individually as a "Party". RECITALS A. Apache Junction through its police department, is in possession of used miscellaneous law enforcement equipment, including but not limited to portable breath test devices, calibrators and hand held radar units. B. Mammoth through its police department, is in need of this equipment for law enforcement functions. C. Apache Junction has the desire and the ability to assist Mammoth as Apache Junction has replaced such equipment with new equipment. D. Mutual cooperation would result in Mammoth's obtaining law enforcement equipment from Apache Junction, and Apache Junction would avoid the additional expenditure of public funds for disposing of the equipment by directly relinquishing ownership to Mammoth. E. This effort enhances mutual cooperation between Apache Junction and Mammoth on law enforcement issues. F. This Intergovernmental Agreement ("IGA") will promote efficiency in the use of public funds and will encourage future cooperation between both public entities. G. Pursuant to Arizona Revised Statutes Annotated ("A.R.S.") §11-951 et seq., the Parties are authorized to enter into intergovernmental agreements for the purposes of exchanging/transferring property and taking joint or cooperative action. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties to this Agreement agree as follows: 1. Mammoth's Obligations A. Pick up any offered equipment at the Apache Junction Police Department and transport it to Mammoth. Such "equipment" is defined as all itemized equipment noted in Exhibit A, as well as any weapons, vehicles, officer safety equipment and other miscellaneous used law enforcement property Apache Junction desires in the future to exchange/transfer to Mammoth. B. No later than 30 days after receipt of the equipment, remove or cause to be removed all "Apache Junction Police Department" insignias or seals and replace them with "Town of Mammoth Police Department" insignias/seals or other markings clearly indicating that such equipment is to be used exclusively for law enforcement purposes. C. Provide accounting of received equipment to Apache Junction at the time of receipt of any transferred equipment. D. Provide Apache Junction insurance certificate noted in § 3. 2. Apache Junction's Obligations A. Provide reasonable hours for such exchange and confirm accounting with Mammoth within thirty (30) calendar days after receipt of equipment. 3. Indemnification and Insurance. To the extent permitted by law, Mammoth covenants and agrees to fully indemnify, hold harmless and defend Apache Junction and its mayor and city council, officers, agents and employees from and against any and all claims or actions of whatsoever kind of character, whether real or asserted, arising out of or in connection with this Agreement, except to the extent such claims or suits arise out of or are based upon acts or omissions by Apache Junction its mayor and city council, officers, employees or agents. If any action or claim shall be brought or asserted against Apache Junction or its mayor and city council, officers, agents or employees for which indemnity may be sought from Mammoth, then Apache Junction, shall promptly notify Mammoth in writing. Mammoth shall, within ten (10) working days of receiving such notice, assume the defense thereof, and the payment of all expenses, including any attorney fees and all court costs that shall be paid as incurred. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether passive or active, on the part of Mammoth, its mayor and town council, officers, employees and agents. It is understood and agreed that Mammoth may elect to self-insure or obtain insurance through its pooling agreement with other governmental entities 2 against any or all of the risks related to this Agreement. Mammoth shall provide Apache Junction with a current insurance certificate or other evidence of coverage as appropriate. Mammoth shall also deliver to Apache Junction upon execution of this Agreement a statement from its insurance company that Apache Junction, its mayor and city council, officers, agents and employees are additional insured parties. This section shall survive the expiration or early termination of this Agreement. 4. Duration of Agreement/Termination. This Agreement shall be valid upon execution and shall continue for a term of one (1) year, but shall automatically renew for nine (9) additional years unless either Party terminates this Agreement for any reason upon sixty (60) days' written notice to the other Party by overnight delivery service or first class certified mail, postage prepaid, addressed to the other Party as set forth in Section 9 of this Agreement. 5. Binding Effect. The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the Parties and their successors, assigns and legal representatives. Neither Party may assigns its rights under this Agreement without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior Party and shall further agree to be bound by and to fully perform the terms of this Agreement. 6. Entire Agreement. This Agreement and any attachments represent the entire agreement between Apache Junction and Mammoth 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 this Agreement 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. 7. Severability. Apache Junction and Mammoth 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 Apache Junction 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 3 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. 8. Governing Law, Venue and Attorney Fees. 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 or for removal to federal court. 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 to be determined by the court in such action 9. Notices. All notices and insurance certificates required under this Agreement shall be sent as follows: If to Apache Junction: Thomas Kelly Public Safety Director City of Apache Junction Police Department 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Mammoth: Rudy Lujan Chief of Police 125 Clark Street Mammoth, AZ 85618 10. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. TOWN OF MAMMOTH, an incorporated Arizona Town Joe Dietz Mayor 4 ATTEST: John Schempf Interim Town Clerk THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation Jeff Serdy Mayor ATTEST: Jennifer Pena City Clerk 5 COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Stephen R. Cooper, Mammoth Town Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, Apache Junction City Attorney Date 6 EXHIBIT A Items to be provided to Mammoth Police Department (AZ) Four (4) Intoxilyzer Portable Breath Test (PBTs) (1) Intoxilyzer 400 Serial # 104245D in Designated Protective Box (2) Intoxilyzer 400 Serial # 104342D in Designated Protective Box (3) Intoxilyzer 400 Serial # 104348D in Designated Protective Box (4) Intoxilyzer 400 Serial # 104350D in Designated Protective Box One (1) Dongle Electronic Key (for calibration of Intoxilyzer PBT) One (1) CD Intoxilyzer 400PA Operators Manual Two (2) Laser Labs Model 100 Tint Meters WITH Calibration Glass Tint (1) Tint Meter Serial # LL2960012048 in Designated Protective Box a. LL2960012048 DARK LENSE GLASS b. LL2960012048 LIGHT LENSE GLASS (2) Tint Meter Serial # 2051000059410 in Designated Protective Box a. Serial # H175059410 LIGHT LENSE GLASS b. Serial # LO25059410 DARK LENSE GLASS Two (2) Talon II Handheld Radar Units in Designated Protective Box with keys (1) Talon I I Handheld Serial #TA02938 a. With four (4) Handheld Re-chargeable Battery Handles b. One (1) Car Adapter/Charger c. Two (2) Tuning Forks i. Serial # 66326 (55 MPH) with protective sleeve ii. Serial # 66203 (30 MPH) with protective sleeve (2) Talon 11 Handheld Serial #TA02484 a. Radar Dash Mount (inside case) i. Two small bungie cables to secure radar mount to dash. b. With two (2) Handheld Re-chargeable Battery Handles c. One (1) Car Adapter/Charger with remote d. Handheld Battery Charger e. Two (2) Tuning Forks i. Serial # 37122 (55 MPH) with protective sleeve ii. Serial # 35520 (30 MPH) with protective sleeve ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 15. �Piz oN* File ID: 20-623 Sponsor: Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Consideration of two appointments to the Planning and Zoning Commission. Council interviewed applicants for this position at the November 30th work session and may take this opportunity to fill the vacancies. City of Apache Junction,Arizona Pagel Printed on 6/16/2026 PLANNING AND ZONING COMMISSION (2 vacancies) must be city residents CITY RESIDENT still interes New Applicants: Carl Osaki currently on Board of Adjustment Y Y Mehmood Mohiuddin Y Y Jaime Lanza currently on PSPRS Y Y Joe Durbala currently on Board of Adjustment Y no respons Frank Schoenbeck currently on B of A, MPC, and P&R Y Y Jeffrey Danford currently on Public Art Commission Y Y Caitlin Knox currently on Board of Adjustment Y Y Jeff Barlett currently on Library Board & IDA Y applied 11/ Robin Barker currently on city council Y applied 11/ Richard Cantwell Y applied 11/ ted? e via e-mail or voicemail '17/20 '18/20 '19/20 City of Apache Junction Planning and Zoning Commission Board . The primary duties of this commission is to formulate,create and administer any lawful plan duly adopted by the governing body for the present and future growth of the city pertaining to the use of land and buildings for any purpose,together with all incidental activities usually associated therewith and commonly known as "Planning and Zoning."They shall also make or cause to be made a continuous study of the best present and future use to which land and buildings shall be put within the city and in cooperation with adjacent areas and to recommend to the governing body revisions in the plans which,in the opinion of the commission,are for the best interest of the citizens of the city and promulgate rules of procedure and to supervise the enforcement of rules so promulgated by the commission and approved by the governing body. There are seven members who must be city residents and are appointed to serve three-year terms. The commission meets twice a month. Board Liaison-Barbara Kelly,480-474-5083,bkelly@ajcity.net IT IS IMPORTANT TO NOTE THAT ALL MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBERS AND ARE VIDEO AND AUDIO RECORDED. Overview U Size 7 Seats H Term Length 3 Years C Term Limit Additional Enacting Resolution Enacting Resolution Website Planning and Zoning Commission Page 1 of 1 City of Apache Junction Planning and Zoning Commission Board Roster is Dirk Begeman Nov 01,2020-Oct 31,2021 Email dirknseattle@aol.com Appointing Authority City Council Home Phone Home: (602)577-6062 Position Commissioner Address Office/Role member 1522 E.22nd.Ave. Apache Junction,AZ 85119 is Darryl Cross Nov 01,2020-Oct 31,2023 Email rktmn@netzero.net Appointing Authority City Council Home Phone Mobile:(602)820-9583 Position Commissioner Alternate Phone Business:(480)695-1412 Office/Role Member Address 1018 N ACACIA RD APACHE JUNCTION,AZ 85119 s Jesse Gage Nov 01,2020-Oct 31,2023 Email jessegage@aol.com Home Phone Mobile:(602)291-6552 Address 839 N Vista Apache Junction,AZ 85119 is Dave M Hantzsche Nov 01,2019-Oct 31,2022 Email dave.hantzsche@gmail.com Appointing Authority City Council Home Phone Mobile:(602)510-3972 Position Commissioner Alternate Phone Mobile:(480)578-0758 Address 142 S Royal Palm Road Apache Junction,AZ 85119 Planning and Zoning Commission Page 1 of 2 .�. Peter Heck Nov 01,2020-Nov 01,2023 Email peterheckaj@gmail.com Appointing Authority City Council Home Phone Mobile:(480)254-8883 Position Vice Chairman Alternate Phone Business:(480)586-3373 Address 1390 N. San Marcos Drive Apache Junction,AZ 85120 4 Vacancy Appointing Authority City Council Position Commissioner of Vacancy Appointing Authority City Council Position Commissioner Planning and Zoning Commission Page 2 of 2 City of Apache Junction Board &Commission Member Application Profile Carl Osaki First Name Last Name 1982 N Goldfield Rd Street Address Apache Junction AZ 85119 City State Postal Code Carlosaki78@gmail.com Email Address Which Boards would you like to apply for? None Selected Question applies to Board of Adjustment The Board of Adjustment requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? r Yes r No Do you operate a business in the City of Apache Junction? r Yes r No Carl Osaki Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Cal Poly Pomona/ 1986/Bachelor of Science in Aerospace Engineering Civic Activities and Service Organizations/Office Held: (Previous Residence) Long Beach Rescue Mission, Habitat for Humanity Los Angeles Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? a) Support their function (fulfilling requests, providing recommendations, solutions, etc) b) Represent their interests (Implicitly-Adhering to the General Plan and existing governance. Explicitly- Processing input from hearings, meetings, forums, etc) c) "Teamwork" (mutual respect, learning, teaching, encouraging, etc) Please state the reason(s)why you feel you are qualified to serve on this board/commission: While I do not have any Planning and Zoning experience, I believe I possess the desirable personal attributes one would expect from someone who's had a successful 32+year career as an engineer at Boeing. To mention a few of the less obvious, perhaps: Adaptable, diligent, personable ("for an engineer" I've been told, ;-)). I strive for excellence in everything I do. I am currently enrolled in Apache Junction Citizen Leadership Institute ("paused"due to COVID-19). Carl Osaki Please state why you would like to be appointed to this board/commission: I moved out here from a California beach city which I thought had very poor Planning and Zoning. It would be an honor for me to be able to contribute to a future Apache Junction where I can "follow in the footsteps" and work along side of those who have allowed Apache Junction to grow but still retain the charm and beauty I fell in love with 30+years ago when I first visited. Resume Carl Osaki City of Apache Junction Board &Commission Member Application Profile Mehmood Mohiuddin First Name Last Name 2341 N Apache Trail _ Street Address Apache Junction AZ 85119 City State Postal Code tmlovelady@msn.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? o Yes o No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Mehmood Mohiuddin Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: University of Karachi/4years/Masters of Physics Computers 1 year Civic Activities and Service Organizations/Office Held: N/A Interests & Experiences What do you believe the key responsibility of board & commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? Follow the regulation and codes and help the city to grow. Work with citizens and the city. Please state the reason(s)why you feel you are qualified to serve on this board/commission: Been in AJ 12 years. Learn rules and regulations to help the community. Bring in new ideas. Please state why you would like to be appointed to this board/commission: Learn codes and regulation. Resume Mehmood Mohiuddin City of Apache Junction Board &Commission Member Application Profile Jaime Lanza First Name Last Name 642 S. Hilton Rd. _ Street Address Apache Junction AZ 85119 City State Postal Code allproattitude@yahoo.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? o Yes o No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Jaime Lanza Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Baker University 3 years Master of Science St. John's College 4 years Bachelor of science Civic Activities and Service Organizations/Office Held: n/a Interests & Experiences What do you believe the key responsibility of board & commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? Community contacts regarding applications of zoning chances, and development projects. Please state the reason(s)why you feel you are qualified to serve on this board/commission: I have an extensive experience dealing with the public, and dealing with crises. Please state why you would like to be appointed to this board/commission: I would like to learn more about the city government, because, my future goal is to run for City counsil Resume Jaime Lanza JAIME LANZA P.O. Box 5035 Apache Junction, AZ 85278 (480) 580-7224 OBJECTIVE: to be a menber of Planning and Zoning board EXPERIENCE: -Aug., 1999 - May, 2001 - Upper Iowa University , Fort Leavenworth , Kansas Adjunct Faculty: Taught Business Policy, Principles of Supervision, Principles of Management, and Labor Relations. -Aug.,1991 - May,2001 - Park University , Parkville , Missouri Adjunct Faculty: Taught Parole and Probation Supervision, Principles of Corrections, and Spanish I & II. PROFESSIONAL EXPERIENCE: - May 11, 2004 to Present - Chandler Police Department - Chandler , Arizona Detention Officer : Transport detainees to Maricopa County jail, process all booking papers, finger print, and obtain DNA samples. -Feb.,2002 to Feb.21, 2004 - Arizona Department of Corrections - Florence , Arizona . Correction Officer: conduct security checks, random urinalysis test, formal counts. -Aug.,1985 - June, 2001 - Kansas Department of Corrections ---- Lansing , Kansas . Parole Coordinator: coordinate all inmate releases with Parole Officers statewide. Assembled reports and evaluations from mental health, Substance Abuse & Sex Offenders programs forward to Kansas Parole Board for parole decisions. EDUCATION: 1991 Baker University , Baldwing City, Kansas ---Degree: Master of Science in Management. 1983 St. Johns College , Winfield , Kansas ---Degree: Bachelor of Science in Business Administration. ADDITIONAL INFORMATION: -Peace Officer Certification thru Central Arizona College , Eloy , Arizona -12/15/2006 -Fluent in written and spoken Spanish language. -1998- 06/2001 Firefighter I thru Delaware Township Fire Department, Lansing , KS . City of Apache Junction Board &Commission Member Application Profile Joe Durbala First Name Last Name 673 East Kachina Street Address Apache Junction AZ 85119 City State Postal Code ldzurb@gmail.com Email Address Which Boards would you like to apply for? None Selected The Board of Adjustment requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? r Yes r No Do you operate a business in the City of Apache Junction? r Yes r No Joe Durbala Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? 4 Yes 0 No Education and Community Service Schools Attended and Degrees Earned: Western II. University 4 years Board of Governors. Project Central 2 year program to understand the inter working of state, local government working hand in hand. Civic Activities and Service Organizations/Office Held: Quartermaster VFW Post 7968 4 years. Department Disabled Veterans Junior Vice Commander 1 year. Interests & Experiences What do you believe the key responsibility of board & commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? You are making decisions that effect the members of the community and the future of the city Please state the reason(s)why you feel you are qualified to serve on this board/commission: Having served on the planning and zoning and being a city council member for 8 years Please state why you would like to be appointed to this board/commission: Have the experience and understanding of laws. Resume Joe Durbala City of Apache Junction Board &Commission Member Application Profile Frank Schoenbeck First Name Last Name 525 E. Fred Ave Street Address Apache Junction AZ 85119 City State Postal Code satchthemo@yahoo.com Email Address Which Boards would you like to apply for? None Selected Question applies to Health and Human Services Commission The Health & Human Services Commission requires that 3 of the 5 members reside in the city limits. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Library Board The Library Board requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Municipal Property Corporation The Municipal Property Corporation requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Frank F Schoenbeck If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? r Yes r No Do you operate a business in the City of Apache Junction? Yes (-. No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? a Yes o No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? 4 Yes o No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: University of Wisconsin-Madison BA-1975, Political Science and History Civic Activities and Service Organizations/Office Held: Library Board, Junction City, Or. 4-H Club leader, Junction City, Or. VFW 5 years Interests & Experiences Frank F Schoenbeck What do you believe the key responsibility of board & commission members to: a) the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? A) Provide a private citizen's perspective on issues at hand. That input would be the result of considering the research and testimony presented to the commission. B) Represent the "man on the street's" point of view. Maintain and promote opportunities for public input. C) Objectively listen to all points of view presented. Express my own ideas in a respective manner and base those ideas on an understanding of the issue. Support the consensus of the commission even though it may not be exactly what I desired. Please state the reason(s) why you feel you are qualified to serve on this board/commission: My career was based on learning a trade, cabinet/furniture making, and then using the leadership skills learned in the US Navy to become a manager. Success in management means gathering information and making good decisions as does success on a commission. Please state why you would like to be appointed to this board/commission: I like this city and the people in it. We plan to stay here and its future is important to us. Apache Junction is going to grow as I learned participating in the ASU project and that growth will need direction. I have no specific ax to grind, I'd just like to inject what common sense I have to the process. Resume Frank F Schoenbeck hank b— City of Apache Junction Board &Commission Member Application Profile JEFFREY DANFORD First Name Last Name 3299 S. Conestoga Rd Street Address Apache Junction AZ 85119 City State Postal Code jeffdanford@aol.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Public Art Commission Public Art Commission requires that 4 of the 7 members reside in the city limits. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? r Yes r No Do you operate a business in the City of Apache Junction? r Yes r No JEFFREY F DANFORD Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Mesa Community College/8 years/A.A.S. Manufacturing Quality Control Technology Civic Activities and Service Organizations/Office Held: Member of AJ Focal Point&Tourism Committee Member of Apache Junction Founders' Centennial Committee Volunteer at Superstition Mountain Museum Past President of SACA Gold Canyon Arts Council Artists of the Superstitions Mesa Art League Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? Public Arts Commission -To help the city select public arts projects which emphasize some aspect of Apache Junction history while maintaining a pleasing aesthetic look. Planning &Zoning Commission -To review all pertinent information regarding the matter before me to enable me to make the decision that will best serve the interests of my community. Please state the reason(s) why you feel you are qualified to serve on this board/commission: Public Arts Commission - I believe a strong public arts program can reflect a community's history, culture, and values, and should be managed to balance the needs of the community as well as meeting the values of the citizens. Planning &Zoning Commission - I am vested in the community and have a sincere interest in helping my peers make responsible decisions that affect our community. JEFFREY F DANFORD Please state why you would like to be appointed to this board/commission: Public Arts Commission -As one who is interested in the history of Apache Junction and the Superstitions Area and an artist, I am interested in building and maintaining a strong public arts program. I feel public art should represent the soul of the community. Planning &Zoning Commission - I am vested in the community and have a sincere interest in helping my peers make responsible decisions that affect our community. Resume JEFFREY F DANFORD JEFFREY F DANFORD 3299 S. Conestoga Rd, Apache Junction, AZ 85119 Home: 480-292- 0815 ieffdanford(&aol.com ............................................................................................................................................................................................................................................................................................................................................................... PROFESSIONAL SUMMARY Experienced professional with strong leadership and relationship-building skills. Highly motivated self-starter with solid experience managing all levels of projects, including budgeting and administration. Meticulous, excellent at juggling multiple tasks and working under pressure. ............................................................................................................................................................................................................................................................................................................................................................... CORE COMPETENCIES • Strong communication skills • Organized with attention to detail • Team leadership • Public speaking • Project management • Self-motivated • Process implementation • Strong learning curve • Customer Service • Problem solving • Community interfacing .......................................................................................................................................................................................................................................................................................................................................................... PROFESSIONAL HISTORY 12/2014 to Current Event and Volunteer Coordinator Superstition Mountain Museum -Apache Junction, Arizona • Created and managed seasonal event schedule • Created and managed Art events at Museum • Managed volunteer program • Coordinated website and social media activities 2013 to 2014 Merchandise Execution team Home Depot - Mesa, AZ • Maintained product bays, by down stocking product, maintaining point of purchase signing, ensuring product and displays were clean and organized. Performed selected inventory control functions. 2009 to 2011 Associate Director SunDust Art Gallery - Mesa, AZ • Assisted senior leadership in managing all aspects of operations. • Negotiated contracts with artists, sold paintings by contract artists, co- managed art events sponsored by SunDust in conjunction with East Valley Arts Guild, facilitated Art and Wine classes, and promoted SunDust Gallery to local art associations. 2009 to 2013 Artist Self-employed -Apache Junction, AZ • Market and sold paintings created by myself and my wife. Manage several social media and online accounts. Participated in art events with the purpose of marketing or selling our art. 2003 to 2009 ISO Specialist Rogers Corporation - Chandler, AZ • Led Management Team in developing and maintaining Quality Management System compliant to IS09001:2000 and AS:9000 International Standards. ................................................................................................................................................................................................................................................................................................................................................................ EDUCATION AAS (Associate of Applied Science): Quality Control Technology Mesa Community College - Mesa, AZ ................................................................................................................................................................................................................................................................................................................................................................ COMMUNITY INVOLVEMENT Member of AJ Focal Point & Tourism Committee Member of Apache Junction Founders' Centennial Committee Volunteer at Superstition Mountain Museum Past President of SACA Gold Canyon Arts Council Artists of the Superstitions Mesa Art League ................................................................................................................................................................................................................................................................................................................................................................ City of Apache Junction Board &Commission Member Application Profile Caitlin Knox First Name Last Name 2516 w cactus wren st Street Address APACHE JUNCTION AZ 85120 City State Postal Code cknox@hardknoxrocks.com Email Address Which Boards would you like to apply for? None Selected Question applies to Board of Adjustment The Board of Adjustment requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Construction Board of Appeals Which of the following professions are you in? W Contractor (Other than General Contractor) Question applies to Construction Board of Appeals Are you an Arizona Licensed engineer or architect? If so, please provide your license number. Question applies to Construction Board of Appeals Are you a general building contractor licensed by the AZ ROC? r Yes r No Question applies to Construction Board of Appeals Are you a residential homebuilder licensed by the AZ ROC? r Yes r No Question applies to Construction Board of Appeals Are you a licensed electrical, mechanical, or plumbing contractor licensed through AZ ROC? r Yes r No Question applies to Construction Board of Appeals If you are applying as a trade member, how many years of trade experience do you have? Caitlin Knox Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? o Yes o No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Arizona State University- BA Political Science, Chinese Language Arizona State University- MBA- current Caitlin Knox Civic Activities and Service Organizations/Office Held: Troop Leader, Girl Scouts of America Jan 2018 - present Member, Department of Information Security Club Aug 2020- present Social Media Chair, Women In Technology Jan 2018-present Member, Women in Consulting Aug 2020-present Team Leader, Reporting Team of Teams Sept 2020- present Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? a) The key responsibility of a board member as it pertains to the city council is that of a diverse voice. As a member of this community, I have opinions and ideas that may be different than what is currently discussed. It's with change that comes innovation. b) The key responsibility of a board member as it pertains to the citizens of Apache Junction is to be a representative of the people. To keep their interests in mind and be a driving force for the mindset of continually improving our city. c) The key responsibility as it pertains to the other board members is to be a helping hand. My contributions to the efforts required to implement plans directly aides those initiatives by way of time and energy. Please state the reason(s) why you feel you are qualified to serve on this board/commission: I feel I'm qualified to serve on this board because I have a proven track record of leadership. I am a driving force with any project I am either a part of or a leader in. I am organized, passionate, and have a key stake in the community. In addition to these skills, I also am the Qualifying Party on the contractor's license for my business. Please state why you would like to be appointed to this board/commission: I would like to be appointed to have a voice in my community,with regards to decisions made at the city level. Resume Caitlin Knox Caitlin R. Knox crgarris(cr�,asu.edu 2516 W Cactus Wren St.Apache Junction,AZ 85120 (480)370-9396 www.linkedin.com/caitlinknox47 EDUCATION W.P.Carey School of Business at Arizona State University,Tempe,AZ August 2020—present Master of Business Administration Arizona State University,Tempe,AZ August 2006—May 2010 Bachelor of Arts,Political Science,Chinese Language • Pi Sigma Alpha,Member PROFESSIONAL EXPERIENCE Telarus.,Sandy,UT present—October 2014 IT Business Analyst • Generate BI Reporting for the Company using adopted BI platforms. • Meet with users to determine reporting requirements,create project scope,verify with end users delivered solutions meet requirements,and strive to look beyond expressed requirements to find additional information that may be beneficial to the Company's employees. • Configure and maintain 15 SSIS packages that load data into SQL Database from various data sources. Develop and continued management of end users'password management through 45 secure shared folders. • Deployed and drove adoption of dual factor authentication to over 100 users to increase secured access to organization systems. • Empower users by providing support for Tier 2&Tier 3 trouble tickets,with an average resolution time of 1.74 days. MOD by Novawest.,Phoenix,AZ October 2014-October 2013 Guest Services Manager • Oversaw development of proprietary membership application to track time spent and purchases made while in facility. • Managed 200-person membership base comprised of corporate and personal clientele.Conducted regular on-site tours for interested investors. • Managed 12 cafe employees and back of house operations to include food costing,menu development, end of shift duties. • Curated weekly cultured events hosted in facility,providing organic networking opportunities for active members. Starwood Hotels&Resorts Scottsdale,AZ November 2012-October 2006 Lobby Concierge Provided customer service to guests of 1,000 room hotel. • Established vendor relationships with 45 unique local businesses used to elevate a guest's experience while staying at hotel. • Created and maintained repository of 114 artifacts to distribute to guests regarding local attractions,dining recommendations,and tour options. US State Department,Washington,D.C. October 2014-October 2013 Intern • Researched and advanced food security strategies for 21 APEC member countries. Planned and programmed US host year APEC meeting including seating assignments,43 breakout sessions,and 27 plenary meetings. SHILLS&ACHIEVEMENTS Technical Skills: T-SQL,DAX,M,Powershell, Salesforce,Tableau,Power BI Professional Involvement: Women in Technology(board member),Arizona Chapter Volunteer Opportunities: Troop Leader,Girl Scouts of America 2018-present Accreditations/Certifications: Exam 761: Querying Data with Transact-SQL,Exam 778:Analyzing and Visualizing Data with Microsoft Power BI,Tableau Desktop Certified Associate 2019,2020 Interests: Hiking,Cooking City of Apache Junction Board &Commission Member Application Profile Jeff Barlett First Name Last Name 108 North Meridian Drive _ Street Address Apache Junction AZ 85120 City State Postal Code jeff.barlett@yahoo.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. I am currently serving on The Apache Junction Library Board and The Apache Junction Industrial Development Authority. I prefer to keep my position on The Library Board if unable to serve on both Planning and Zoning and Library Board at the same time. Do you own commercial property in the City of Apache Junction? o Yes r No Do you operate a business in the City of Apache Junction? o Yes o No Jeff Barlett Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? o Yes o No Education and Community Service Schools Attended and Degrees Earned: Sun Valley High School, Received High School Diploma in May 2014 Penn Foster College, Received Some College Credit Ashworth College, Recently enrolled online in November 2020 to study Criminal Justice. When I received my real estate license in The State of Texas I enrolled online with Allied Business Schools. I received 180 hours of training in 6 courses which include, Principles of Real Estate 1, Principles of Real Estate 11, Law of Contracts, Law of Agency, Real Estate Finance, and Promulgated Contract Forms. Received a real estate license issued by The Texas Real Estate Commission. License is no longer active and is currently expired. I also no longer reside in The State of Texas and did not decide to get licensed in Arizona. Here is a link to look up my expired real estate license with The Texas Real Estate Commission. https://www.trec.texas.gov/apps/license-holder-search/?detail_id=1000041455 Civic Activities and Service Organizations/Office Held: Currently serving on The Apache Junction Library Board and The Apache Junction Industrial Development Authority. Was selected to serve as Vice President of The Apache Junction Library Board. Interests & Experiences Jeff Barlett What do you believe the key responsibility of board & commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? One of the responsibilities of The Planning and Zoning commission is to make decision on zoning properties, I believe that it is important to be fair with residents when making these kinds of decisions and make sure that zoning decisions comply with state and federal law. The Planning and zoning commission does have a role in reviewing business license applications and zoning reviews. It is also not uncommon for residents to attempt to get a permit to build something on their property or request a variance which may require approval from The Planning and Zoning Commission. I personally believe that the main responsibility of a member of The Planning and Zoning Commission is to be fair with people and comply with the laws when making decisions. Please state the reason(s)why you feel you are qualified to serve on this board/commission: I am currently serving on 2 city boards at the moment. When I live in Texas I was licensed as a Real Estate Agent for a short time so I am familiar with the basics on how zoning works. In order to become licensed I was required to take 180 hours of training in 6 classes to include, Principles of Real Estate 1, Principles of Real Estate 11, Law of Contracts, Law of Agency, Real Estate Finance, and Promulgated Contract Forms. Currently this license is expired and I no longer reside in The State of Texas and currently reside in The State of Arizona. Please state why you would like to be appointed to this board/commission: As I mentioned before when I applied to serve on a few other commissions is that I am looking to serve the people in the community. I also have a strong passion for supporting small and local business and feel that small businesses are what drives the local economy. I also previously had a real estate license in The State of Texas so I am familiar with the basics on how zoning works. Resume Jeff Barlett Jeff Barlett 108 North Meridian Drive APT 220 Apache Junction, Arizona 85120 (469) 785-9966 Objective: Currently serving on The Apache Junction Library Board and Industrial Development Authority. Looking to serve on The Planning and Zoning Commission. Education: Sun Valley High School Received a Diploma in May of 2014 Penn Foster College Some College Credit Received *Recently enrolled in Ashworth College criminal justice program in November 2020 Real Estate Education When I received my real estate license in The State of Texas I enrolled online with Allied Business Schools. I received 180 hours of training in 6 courses which include, Principles of Real Estate 1, Principles of Real Estate II, Law of Contracts, Law of Agency, Real Estate Finance, and Promulgated Contract Forms. Received a real estate license issued by The Texas Real Estate Commission. Real estate license is no longer active and is currently expired. Current Position: Allied Universal Security Security Guard Career Highlights: Texas Department of Criminal Justice Correctional Officer C.R. England Semi Truck Driver City of Apache Junction Board &Commission Member Application Profile Robin Barker First Name Last Name 860 So. Saguaro Street Address Apache Junction AZ 85120 City State Postal Code barkerr430yahoo.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Planning and zoning Do you own commercial property in the City of Apache Junction? U Yes a No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Robin Barker Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: CAC -AS, ASU - BA, NAU - ME Civic Activities and Service Organizations/Office Held: American Legion and VFW auxiliaries, Soroptimist, Genesis board, AJ City Council, MAG-DV Council, Regional Council, Economic Development Council Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? The responsibility of Pllanning and Zoning is to hear cases and pass on recommendations to the city council Please state the reason(s)why you feel you are qualified to serve on this board/commission: I feel my knowledge of the city and my work on the city council would make me a asset to this board. Please state why you would like to be appointed to this board/commission: I would like to continue to be involved in the community and its growth Resume Robin Barker City of Apache Junction Board &Commission Member Application Profile Richard Cantwell First Name Last Name 3301 S Goldfield _ Street Address Apache Junction AZ 85119 City State Postal Code rlcweII1013@aol.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Planning and Zoning Commission Do you own commercial property in the City of Apache Junction? r Yes a No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Richard L Cantwell Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Indiana University/BS 1973 MBA 1974 Civic Activities and Service Organizations/Office Held: Plan Commission and Board of Zoning Appeals- Munster, IN 20+years, Plan Commission - Mokena, IL 5+years, various other organizations Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? Munster and Mokena are established communities that are similar to the types of communities that Apache Junction is trying to transform into. Both had new developments and a lot of"fine tuning"activity. Some of the more interesting challenges were cell towers, billboards, and commercial/residential interfaces. The key to Planning is having a long term view of where the community is directed. For a developing community like Apache Junction, the long term is even more important, so the Planning group needs to have clear direction and understanding with the City Council.There is also an interesting proactive/reactive nature to the task because development only occurs when someone brings an idea to us -the city is not making the investment but needs to make sure that the investments being made are in the best interests of the long term development of the community. Consistency and ethical standards are the keys to success. Apache Junction is trying to change their development model for the future developments that are starting to occur. My experience is communities that were built in a consistent manner with this new direction should be useful. Please state the reason(s)why you feel you are qualified to serve on this board/commission: I have over 25 years experience on Plan Commissions where I had lead positions that required good working relationships with the other members of the commission, the City/Town Council, and the City/ Town attorneys. Richard L Cantwell Please state why you would like to be appointed to this board/commission: We moved to Arizona about 4 years ago to be closer to our son and grandchildren. I am completing the CLI class, which I have found to be very informative and enjoyable. It has been a good way to learn more about Apache Junction. I would like to bring my experience to a growing community. Resume Richard L Cantwell ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 16. '+'Piz File ID: 20-636 Sponsor: Larry Kirch Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Council direction to staff on amending cargo container regulations in the city's zoning code. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 17. �Piz oN* File ID: 20-640 Sponsor: Rudy Esquivias Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Presentation, discussion and direction to staff on the possible creation of a draft ordinance relating to the regulation of recreational marijuana, as allowed by the voter's approval of the "Smart and Safe Arizona Act", possibly using the model ordinance language provided by the League of Arizona Cities and Towns. This item was continued from the city council meeting of November 17, 2020, wherein council asked for more information about what other cities are doing. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 Q �z City of Apache Junction Development Sejvices Department NOVEMBER 9, 2020 MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director FROM: Rudy Esquivias, Planning Manager/Zoning Admin. SUBJECT: Nov. 17, 2020, Direction to Staff Item: Cit s Options Regarding Voter Approval of the Smart and Safe Arizona Act (Recreational Marijuana) BACKGROUND On November 3, 2020, as part of the general election, the voters of Arizona passed the "Smart and Safe Arizona Act" (see text attached) , a citizen initiative......"relating to the responsible adult use, regulation and taxation of marijuana", also referred to as recreational marijuana. The act declares that in the interest of public health and safety, the legal adult use of marijuana should be regulated so that: a) Legitimate, taxpaying business people, and not criminal actors, conduct sales of marijuana; b) Marijuana sold in this state is tested, labeled and subject to additional regulations to ensure that consumers are informed and prctected; c) Employers retain their rights to maintain drug and alcohol free places of employment; d) The health and safety of employees in the marijuana industry are protected; e) Individuals must show proof of age before purchasing marijuana; f) Selling, transferring or providing marijuana to minors and other individuals under the age of 21 remains illegal; g) Driving, flying or boating while impaired to the slightest degree by marijuana remains illegal. The act also allocates funds from the medical marijuana fund for things such as the Arizona Teachers Academy, to the Arizona Department of Health Services ("ADHS") , the Governor' s Office of Highway Safety, to non-profit agencies through ADHS to help individuals file petitions for expungement of previous minor, non-violent marijuana convictions, and other services. The act is very detailed in how the creation and operation of licensed "marijuana establishments" and "marijuana testing facilities" will be allowed. A marijuana establishment includes: a retail establishment at which the sale of marijuana and marijuana products is conducted, along with the possible cultivation and manufacture of marijuana products; an off-site location where marijuana is cultivated, processed and products are made, but which does not conduct sales to consumers; an off-site location at which marijuana products are manufactured, packaged and stored, but which does not Planning& Zoning- Building& Safety— Revenue Development 300 B. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 9 Fax(480)982-7010 Direction to Staff: Rec-Mar Page 2 of 3 conduct sales to consumers. A marijuana testing facility includes ADHS facilities or facilities operated by another licensed entity to analyze the potency of and test the marijuana for harmful contaminants. This act does not change the medical marijuana laws, except that a licensed medical marijuana dispensary may also apply to offer recreational marijuana products to consumers over 21 years of age. This is what is referred to as being a "dual licensee". Recreational marijuana products would carry a sales tax of 16't . The act does not allow smoking in public or open spaces; and does not allow persons to operate motor vehicles, boats or fly aircraft under the influence. The act does allow people to consume marijuana products in private places, carry small quantities of marijuana and/or marijuana products and paraphernalia, allow a person over the age of 21 to securely cultivate up to 6 plants in their own private residence (no more than 12 plants if two or more persons over the age of 21 reside together) and sets penalties for violators. CITY'S OPTIONS FOR REGULATION The act also offers cities, towns and counties options for the regulation of marijuana establishments and marijuana testing facilities. The city may: 1) Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas; 2) Limit the number of marijuana establishments or marijuana testing facilities, or both; 3) Prohibit marijuana establishments or marijuana testing facilities, or both; 4) Regulate the time, place and manner of marijuana establishment and marijuana testing facility operations; 5) Establish reasonable restrictions on public signage regarding marijuana, marijuana establishments and marijuana testing facilities; 6) Prohibit or restrict delivery within its jurisdiction. The city may not enact any ordinance, regulation or rule that: 1) Is more restrictive than a comparable ordinance, regulation or rule that applies to non-profit medical marijuana dispensaries; 2) Makes the operation of a marijuana establishment or marijuana testing facility unduly burdensome if the locality has not prohibited marijuana establishments or marijuana testing facilities; 3) Conflicts with the chapter (state law) or rules adopted pursuant to the chapter; 4) Prohibits the transportation of marijuana by a marijuana establishment or marijuana testing facility on public roads; 5) Restricts or interferes with the ability of a dual licensee or an entity eligible to become a dual licensee to operate a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively at shared locations; 6) Except as expressly authorized by this Section (state law) or Section 36-2851, prohibits or restricts any conduct or transaction allowed by this chapter, or imposes any liability or penalty in addition to that prescribed by this chapter for any conduct or transaction constituting a violation of this chapter. Planning &Zoning-Building&Safety-Revenue Development 300 E.Superstition Boulevard - Apache Junction,AZ 85119 - Ph:(480)474-5083 - Fax(480)982-7010 Direction to Staff: Rec-Mar Page 3 of 3 POSSIBLE DIRECTION TO STAFF With the understanding that ADHS has yet to establish rules and procedures for the licensing of recreational marijuana uses, that the city already has two medical marijuana dispensaries, and insofar as a possible direction to staff, council may wish to consider the following options: 1) Direct staff to draft an ordinance for the P&Z and Council's consideration which regulates marijuana establishments and marijuana testing facilities in the same manner as medical marijuana dispensaries and cultivation facilities; through the city's CUP process, which includes specific zoning, limit on number of establishments, imposes separation distances and other requirements (see med-mar regulations attached) ; 2) Direct staff to draft an ordinance which allows marijuana establishments and marijuana testing facilities outright in certain zoning districts, to include limit on number, specify separation distances, delivery and signage considerations, be subject to the city' s normal development and design requirements, etc. ; 3) Direct staff to draft an ordinance prohibiting marijuana establishments and marijuana testing facilities in the city; 4) Direct staff to draft an ordinance which allows existing medical marijuana dispensaries to becomes dual licensees, through a CUP amendment process. 5) Other? Attachments: - Smart and Safe Arizona Act - City of AJ Medical Marijuana Regs, Section 1-6-12 Planning &Zoning-Building&Safety-Revenue Development 300 E.Superstition Boulevard • Apache Junction,AZ 85119 • Ph:(480)474-5083 • Fax(480)982-7010 ti 4 OFFICIAL TITLE AN INITIATIVE MEASURE AMENDING SECTION 36-2817,ARIZONA REVISED STATUTES;AMMNDING TITLE 36,ARIZONA REVISED STATUTES, BY ADDING CHAPTER 28.2;AMENDING TITLE 42,CHAPTER 5,ARIZONA REVISED STATUTES,BY ADDING ARTICLE 10;AMENDING TITTLE 43,CHAPTER 1,ARTICLE 1,ARIZONA REVISED STATUTES,BY ADDING SECTION 43-108; ! RELATING TO THE RESPONSIBLE ADULT USE,REGULATION AND TAXATION OF MARIJUANA. i ! TEXT OF PROPOSED AMENDMENT i Be it enacted by the People of the State of Arizona: Fa 0 [L Section L Short title SEP 2 6 2019 This act may be cited as the"Smart and Safe Arizona Act". �J Section 2.Findings and declaration of purpose ARIZONA SECRETARY OF STATE The People of the Stale of Arizona find and declare as follows: 1. In the interest of the efficient use of law enforcement resources,enhancing revenue for public purposes,and individual freedom,the responsible adult use of marijuana should be legal for persons twenty-one years of age or older,subject to state regulation,taxation,and local ordinance. 2. In the interest of the health and public safety of our citizenry,the legal adult use of marijuana should be regulated so that: (a) Legitimate,taxpaying business people,and not criminal actors,conduct sales of marijuana. (b) Marijuana sold in this slate is tested,labeled and subject to additional regulations to ensure that consumers are informed and protected. (c) Employers retain their rights to maintain drug-and-alcohol-free places of employment (d) The health and safety of employees in the marijuana industry are protected. (c) Individuals must show proof of age before purchasing marijuana. (0 Selling,transferring,or providing marijuana to minors and other individuals under the age of twenty-one remains i illegal. (g) Drit�ing,flying or boating while impaired to the slighlest degree by marijuana remains illegal. Section 2,Section 36-2817,Arizona Revised Statutes,is amended to read: 36-2817.Medical mariivana fund:private donations A. The medical marijuana fund is established consisting of fees collected,civil penalties imposed and private donations received under this chapter. The department shall administer the fund. Monies in the fund are continuously appropriated. B The director of the department may accept and spend private grants,gifts,donations,contributions and devises to assist in carrying out the provisions of this chapter. C. Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year. D. ON THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION,THE DIRECTOR OF THE DEPARTMENT SHALL TRANSFER THE FOLLOWING SUMS FROM THE MEDICAL MARIJUANA FUND FOR THE FOLLOWING PURPOSES: 1. $15,000,000 TO THE ARIZONA TEACHERS ACADEMY FUND ESTABLISHED BY SECTION 15-1655. 2. $10,000,000 TO THE DEPARTMENT TO FUND THE FORMATION AND OPERATION OF COUNCILS, COMMISSIONS AND PROGRAMS DEDICATED TO IMPROVING PUBLIC HEALTH,INCLUDING TEEN SUICIDE PREVENTION,THE MATERNAL MORTALITY REVIEW PROGRAM,IMPROVING YOUTH HEALTH,SUBSTANCE ABUSE PREVENTION,ADDRESSING ADVERSE CHILDHOOD EXPERIENCES,THE ARIZONA POISON CONTROL SYSI EM ESTABLISHED PURSUANT TO SECTION 36-1161,THE ARIZONA HEALTH IMPROVEMENT PLAN,THE CHILD FATALITY REVIEW TEAM ESTABLISHED PURSUANT TO SECTION 36-3501 AND THE CHRONIC PAIN SELF MANAGEMENT PROGRAM. 3. $10,000,000 TO THE GOVERNOR'S OFFICE OF IBGHWAY SAI- fY TO DISTRIBUTE GRANTS FOR THE FOLLOWING PURPOSES: (a) REDUCING IMPAIRED DRIVING,INCLUDING CONDUCTING TRAINING PROGRAMS AND PURCHASING EQUIPMENT FOR DETECTING,TESTING AND ENFORCING LAWS AGAINST DRIVING,FLYING OR BOATING WHILE IMPAIRED. (b) EQUIPMENT,TRAINING AND PERSONNEL COSTS FOR DEDICATED TRAFFIC ENFORCEMENT, 4. $2,000,000 TO THE DEPARTMENT TO IMPLEMENT,CARRY OUT AND ENFORCE CHAPTER 28.2 OF THIS z'TTLE. Page 1 of 17 5. $4,000,000 TO THE DEPARTMENT-1.0 DISTRIBUTE GRANTS TO QUALIFIED NONPROFIT ENTITIES THAT WILL PROVIDE OUTREACH TO INDIVIDUALS WHO MAY BE ELIGIBLE TO FILE PETITIONS FOR EXPUNGEMENT PURSUANT TO SECTION 36-2962 AND WILL ASSIST WITH THE EXPUNGEMENT PETITION PROCESS. THE DEPARTMENT SHALL DISTRIBUTE GRANTS PURSUANT TO THIS PARAGRAPH ON OR BEFORE- JUNE 30,2021. 6. $2,000,000 TO TIE DEPARTMENT TO DEVELOP AND IMPLEMENT,IN CONJUNCTION WITH THE DEPARTMENT OF ECONOMIC SECURITY AND OTHER STATE AGENCIES,A SOCIAL EQUITY OWNERSHIP PROGRAM TO PROMOTE THE OWNERSHIP AND OPERATION OF MARIJUANA ESTABLISH TENTS AND MARIJUANA TESTING FACILITIES BY INDIVIDUALS FROM COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE ENFORCEMENT OF PREVIOUS MARIJUANA LAWS. FOR THE PURPOSES OF THIS PARAGRAPH,"MARIJUANA ESTABLISHMENT"AND "MARIJUANA TESTING FACMTY"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850. 7. S1,000,000 TO THE DEPARTMENT TO FUND PROGRAMS AND GRANTS TO QUALIFIED NONPROFIT ORGANIZATIONS FOR EDUCATION AND COMMUNITY OUTREACH RELATED TO CHAPTER 28.2 OF THIS TITLE. S. $1,000,000 TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856, Section 4.Title 36,Arizona Revised Statutes,is amended by adding chapter 28.2,to read: a L E CHAPTER28.2 SEP 2 6 zals RESPONSIBLE ADULT USE OF MARIJUANA 36-2850,Definitions ARIZONA SECRE T A..RY OF STATE IN THIS CHAPTER,UNLESS TIIE CONTEXT REQUIRES OTHERWISE: 1, "ADVERTISE,""ADVERTISLIWENT'AND"ADVERTISING"MEAN ANY PUBLIC COMMUNICATION IN ANY MEDIUM THAT OFFERS OR SOLICITS A COMMERCIAL TRANSACTION INVOLVING THE SALE,PURCHASE OR DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS. 2, "CHILD-RESISTANT"MEANS DESIGNED OR CONSTRUCTED TO BE SIGNIFICANTLY DIFFICULT FOR CHILDREN UNDER FIVE YEARS OF AGE TO OPEN,AND NOT DIFFICULT FOR NORMAL ADULTS TO USE PROPERLY. 3. "CONSUNIE,""CONSUMING"AND"CONSUMPTION"MEAN THE ACT OF INGESTING,HALING OR OTHERWISE INTRODUCING MARIJUANA INTO THE HUMAN BODY. 4. "CONSUMER"MEANS AN INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND WHO PURCHASES MARIJUANA OR MARIJUANA PRODUCTS, 5. "CULTIVATE"AND"CULTIVATION"MEAN TO PROPAGATE,BREED,GROW,PREPARE AND PACKAGE MARIJUANA. 6. "DELIVER"AND"DELIVERY"MEAN THE TRANSPORTATION,TRANSFER OR PROVISION OF MARIJUANA OR MARIJUANA PRODUCTS TO A CONSUMER AT A LOCATION OTHER THAN TIIE DESIGNATED RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT. 7. "DEPARTMENT'MEANS THE DEPARTMENT OF HEALTH SERVICES OR ITS SUCCESSOR AGENCY. S. "DESIGNATED CAREGIVER,""EXCLUDED FELONY OFFENSE,""INDEPENDENT THIRD-PARTY LABORATORY,""NONPROFIT MEDICAL MARIJUANA DISPENSARY,""NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT,"AND"QUALIFYING PATIENT"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36- 2801E 9. "DUAL LICENSEE"MEANS AN ENTITY TIIAT HOLDS BOTH A NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION AND A MARIJUANA ESTABLISHMENT LICENSE. 10. "EARLY APPLICANT'MEANS EITHER OF THE FOLLOWING: (a) AN ENTITY SEEKING TO OPERATE A MARIJUANA ESTABLISHMENT IN A COUNTY WITH FEWER THAN TWO REGISTT;RED NONPROFIT MEDICAL MARIJUANA DISPENSARIES. (b) A NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT IS REGISTERED AND IN GOOD STANDING WITH THE DEPARTMENT. 11. "EMPLOYEE,""EMPLOYER, "HEALTH CARE FACILITY,"AND"PLACES OF EMPLOYMENT"HAVE THE SAA'IE MEANINGS PRESCRIBED IN THE SMOKE-FREE ARIZONA ACT,SECTION 36-601.01. 12. "GOOD STANDING"MEANS THAT A NONPROFIT MEDICAL MARIJUANA DISPENSARY IS NOT THE SUBJECT OF A PENDING NOTICE OF INTENT TO REVOKE ISSUED BY THE DEPARTMENT. 13. "INDUSTRIAL HEMP"HAS THE SAME MEANING PRESCRIBED IN SECTION 3.311. 14. "LOCALITY"MEANS A CITY,TOWN OR COUNTY. 15. "MANUFACTURE"AND"MANUFACTURING"MEAN TO COMPOUND,BLEND,EXTRACT,INFUSE OR OTHERWISE MAKE OR PREPARE A MARIJUANA PRODUCT. 16. "MARIJUANA": (a) MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,WHETHER GROWING OR NOT,AS WELL AS THE SEEDS FROM THE PLANT,THE RESIN EXTRACTED FROM ANY PART OF THE PLANT,AND EVERY COMPOUND,MANUFACTURE,SALT,DERIVATIVE,MIXTURE OR PREPARATION OF THE PLANT OR ITS SEEDS OR RESIN, Pagc 2 of 17 SEP 2 6 2019 (b) INCLUDES CANNABIS AS DEFINED IN SECTION 13-3401, IARIZONA SECRETARY OF S I ATE (c) DOES NOT INCLUDE INDUSTMAL HEMP,THE FIBER PRODUCED FROM THE STALKS OF THE PLANT OF THE GENUS CANNABIS,OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT,STERILIZED SEEDS OF THE PLANI THAT ARE INCAPABLF OF GERMINATION,OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS,FOOD,DRINK OR OTHER PRODUCTS. 17. "MARIJUANA CONCEN'l RATE'': (a) MEANS RESIN EXTRACTED FROM ANY PART OF A PLANT OF THE GENIUS CANNABIS AND EVERY COMPOUND,MANUFACTURE,SALT,DERIVATIVE,MIXTURE OR PREPARATION OF THAT RESIN OR TE IRAHYDROCANNABINOL (b) DOES NOT INCLUDE INDUSTRIAL HEMP OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH CANNABIS TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS,FOOD,DRINK OR OTHER PRODUCTS. 18 "MARIJUANA ESTABLISHMENT'MEANS AN ENTITY LICENSED BY THE DEPARTMENT TO OPERATE ALL OF T1IE FOLLOWING: (a) A SINGLE RETAIL LOCATION AT WHICH THE LICENSEE MAY SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS,CULTIVATE MARIJUANA AND MANUFACTURE MARIJUANA PRODUCTS. (b) A SINGLE OFF-SITE CULTIVATION LOCATION AT WHICH THE LICENSEE MAY CULTIVATE MARIJUANA,PROCESS MARIJUANA AND MANUFACTURE MARIJUANA PRODUCTS,BUT FROM WHICH j MARIJUANA AND MARIJUANA PRODUCTS MAY NOT BE TRANSFERRED OR SOLD TO CONSUMERS. (c) A SINGLE OFF-SITE LOCATION AT WHICH THE LICENSEE MAY MANUFACTURE MARIJUANA PRODUCTS AND PACKAGE AND STORE MARIJUANA AND MARIJUANA PRODUCTS,BUT FROM WHICH MARIJUANA f AND MARIJUANA PRODUCTS MAY NOT BE TRANSFERRED OR SOLD TO CONSUMERS. 19. "MARIJUANA FACILITY AGENT'MEANS A PRINCIPAL OFFICER,BOARD MEMBER OR EMPLOYEE OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS NOT BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE. 20. "NIARIJUANA PRODUCTS"MEANS MARIJUANA CONCENTRATE AND PRODUCTS THAT ARE COMPOSED OF MARIJUANA AND OTHER INGREDIENTS AND THAT ARE INTENDED FOR USE OR CONSUMPTION, INCLUDING EDIBLE PRODUCTS,OINTMENTS AND TINCTURES I 21. "MARIJUANA TESTING FACILITY"MEANS THE DEPARTMENT OR ANOTHER ENTITY THAT IS 1 LICENSED BY THE DEPARTMENT TO ANALYZE THE POTENCY OF MARIJUANA AND TEST MARIJUANA FOR 0 HARMFUL CONTAMINANTS. 22. "OPEN SPACE"MEANS A PUBLIC PARK,PUBLIC SIDEWALK,PUBLIC WALKWAY OR PUBLIC f PEDESTRIAN THOROUGHFARE. 23. "PROCESS"AND"PROCESSING"MEAN TO HARVEST,DRY,CURE,TRIM OR SEPARATE PARTS OF THE MARIJUANA PLANT. 24. "PUBLIC PLACE"HAS THE SAME MEANING PRESCRIBED IN THE SMOKE-FREE ARIZONA ACT, i SECTION 36-601,01. i 25. "SMOKE"MEANS TO INHALE,EXHALE,BURN,CARRY OR POSSESS ANY LIGHTED MARIJUANA OR LIGHTED MARIJUANA PRODUCTS,WHETHER NATURAL OR SYNTHETIC. 36-2851. r 'driving: i :cQnlrol of muoutv.smokin"I public placcs and open 5paces THIS CHAPTER: 1, DOES NOT RESTRICT THE RIGHTS OF EMPLOYERS TO MAINTAIN A DRUG-AND-ALCOHOL-FREE WORKPLACE OR AFFECT THE ABILITY OF EMPLOYERS TO HAVE WORKPLACE POLICIES RESTRICTING THE USE OF MARIJUANA BY EMPLOYEES OR PROSPECTIVE EMPLOYEES. 2. DOES NOT REQUIRE AN EMPLOYER TO ALLOW OR ACCOMMODATE THE USE,CONSUMPTION, POSSESSION,'TRANSFER,DISPLAY,TRANSPORTATION,SALE OR CULTIVATION OF MARIJUANA IN A PLACE OF EMPLOYMENT. 3. DOES NOT ALLOW DRIVING,FLYING OR BOATING WHILE IMPAIRED TO EVEN THE SLIGHTEST DEGREE BY MARIJUANA OR PREVENT THIS STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING, FLYING OR BOATING WHILE IMPAIRED TO EVEN THE SLIGHTEST DEGREE BY MARIJUANA. 4. DOES NOT ALLOW AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OF AGE TO PURCHASE, POSSESS,TRANSPORT OR CONSUME MARIJUANA OR MARIJUANA PRODUCTS. 5. DOES NOT ALLOW THE SALE,TRANSFER OR PROVISION OF MARIJUANA OR MARIJUANA PRODUCTS TO AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OF AGE. 6. DOES NOT RESTRICT THE RIGHTS OF EMPLOYERS,SCHOOLS,DAY CARE CENTERS,ADULT DAY CARE FACILITIES,HEALTH CARE FACILITIES OR CORRECTIONS FACILITIES TO PROHIBIT OR REGULATE CONDUCT OTHERWISE ALLOWED BY THIS CHAPTER WHEN SUCH CONDUCT OCCURS ON OR IN TI[EIR PROPERTIES. 7. DOES NOT RESTRICT THE ABILITY OF AN INDIVIDUAL,PARTNERSHIP,LIMITED LIABILITY COMPANY,PRIVATE CORPORATION,PRIVATE ENTITY OR PRIVATE ORGANIZATION OF ANY CHARACTER THAT Page 3 of 17 OCCUPIES,OWNS OR CONTROLS PROPERTY TO PROHIBIT OR REGULATE CONDUCT OTHERWISE ALLOWED BY THIS CHAPTER ON OR IN SUCH PROPERTY. 8. DOES NOT ALLOW ANY PERSON TO: (a) SMOKE MARIJUANA IN A PUBLIC PLACE OR OPEN SPACE. (b) CONSUME MARIJUANA OR MARIJUANA PRODUCT'S WHILE DRIVING,OPERATING OR RIDING IN THE PASSENGER SEAT OR COMPARTMENT OF AN OPERATING MOTOR VFHICLE,BOAT,VESSEL,AIRCRAFT OR ANOTHER VEHICLE USED FOR TRANSPORTATION. 9. DOES NOT PROHIBIT THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE FROM PROHIBITING OR REGULATING CONDUCT OTHERWISE-ALLOWED BY THIS CHAPTER WHEN SUCH CONDUCT OCCURS ON OR IN PROPERTY THAT IS OCCUPIED,OWNED,CONTROLLED OR OPERATED BY THIS STATE OR A POLITICAL SU13DMSION OF THIS STATE, 10. DOES NOT AUTHORIZE A PERSON TO PROCESS OR MANUFACTURE MARIJUANA BY MEANS OF ANY LIQUID OR GAS,OTHER THAN ALCOHOL,THAT HAS A FLASHPOINT BELOW ONE HUNDRED DEGREES FAHRENHEIT,UNLESS PERFORMED BY A MARIJUANA ESTABLISHMENT. IL. DOES NOT REQUIRE A PERSON TO VIOLATE FEDERAL LAW OR TO IMPLEMENT OR FAIL TO IMPLEMENT A RESTRICTION ON THE POSSESSION,CONSUMPTION,DISPLAY,TRANSFER,PROCESSING, MANUFACTURING OR CULTIVATION OF MARIJUANA IF BY SO DOING THE PERSON WILL LOSE-A MONETARY OR LICENSING-RELATED BENEFIT UNDER FEDERAL LAW. 12. DOES NOT SUPERSEDE OR ELIMINATE ANY EXISTING RIGHTS OR PRIVILEGES OF ANY PERSON EXCEPT AS SPECIFICALLY SET FORTH IN THIS CHAPTER. 13. DOES NOT LIMIT ANY PRIVILEGE OR RIGHT OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY UNDER CHAPTER 28.1 OF THIS TITLE EXCEPT AS EXPRESSLY SET FORTH IN THIS CHAPTER. 14. DOES NOT LIMIT ANY PRIVILEGE OR RIGHT OF A QUALIFYING PATIENT OR DESIGNATED CAREGIVER UNDER CHAPTER 28.1 OF THIS TITLE. 36-2852.Allowable possession_andr o f mari'uana.marjuatia producLa and ma6*uana paraphmnlin A. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED IN SECTIONS 36.2851 AND 36-2853 AND NOTWITHSTANDING ANY OTHER LAW,THE FOLLOWING ACTS BY AN INDIVIDUAL WHO 1S AT LEAST TWENI'Y- ONE YEARS OF AGE ARE LAWFUL,ARE NOT AN OFFENSE UNDER THE LAWS OF THIS STATE OR ANY LOCALITY, MAY NOT CONSTITUTE THE BASIS FOR DETENTION,SEARCH OR ARREST,AND CANNOT SERVE AS THE SOLE BASIS FOR SEIZURE OR FORFEITURE OF ASSETS,FOR I]VPOSING PENALTIES OF ANY KIND UNDER THE LAWS OF THIS STATE OR ANY LOCALITY OR FOR ABROGATING OR LIMITING ANY RIGHT OR PRIVILEGE CONFERRED OR PROTECTED BY THE LAWS OF THIS STATE OR ANY LOCALITY: I. POSSESSING,CONSUMING,PURCHASING,PROCESSING,MANUFACTURING BY MANUAL OR MECHANICAL MEANS,INCLUDING SIEVING OR ICE WATER SEPARATION BUT EXCLUDING CHEMICAL EXTRACTION OR CHEMICAL SYNTHESIS,OR TRANSPORTING ONE OUNCE OR LESS OF MARIJUANA,EXCEPT THAT NOT MORE TITAN FIVE GRAMS OF MARIJUANA MAY BE IN THE FORM OF MARIJUANA CONCENTRATE. 2 POSSESSING,TRANSPORTING,CULTIVATING OR PROCESSING NOT MORE TITAN SIX MARIJUANA PLANTS FOR PERSONAL USE AT THE INDIVIDUAL'S PRIMARY RESIDENCE,AND POSSESSING,PROCESSING AND MANUFACTURING BY MANUAL OR MECHANICAL MEANS,INCLUDING SIEVING OR ICE WATER SEPARATION BUT EXCLUDING CHEMICAL EXTRACTION OR CHEMICAL SYNTHESIS,THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE MARIJUANA PLANTS WERE GROWN IF ALL OF THE FOLLOWING APPLY: (a) NOT MORE THAN TWELVE PLANTS ARE PRODUCED AT SINGLE RESIDENCE WHFRF TWO OR MORE INDIVIDUALS WHO ARE AT LEAST TWI_NTY-ONE YEARS OF AGE RESIDE AT ONE TIME. (b) CULTIVATION TAKES PLACE WITHIN A CLOSET,ROOM,GREENHOUSE OR OTHER ENCLOSED AREA ON THE GROUNDS OF THE RESIDENCE EQUIPPED WITH A LOCK OR OTHER SECURITY DEVICE THAT PREVENTS ACCESS BY MINORS. (c) CULTIVATION TAKES PLACE IN AN AREA WHERE THE MARIJUANA PLANTS ARE NOT VISIBLE FROM PUBLIC VIEW WITHOUT USING BINOCULARS,AIRCRAFT OR OTHER OPTICAL AIDS. 3. TRANSFERRING ONE OUNCE OR LESS OF MARIJUANA,OF WHICH NOT MORE THAN FIVE GRAMS MAY BE IN THE FORM OF MARIJUANA CONCENTRATE,TO AN INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IF THE TRANSFER IS WITHOUT REMUNERATION AND IS NOT ADVERTISED OR PROMOTED TO THE PUBLIC. 4. TRANSFERRING UP TO SIX MARIJUANA PLANTS TO AN INDIVIDUAL WHO IS AT LEAST TWENTY- ONE YEARS OF AGE IF THE TRANSFER IS WITHOUT REMUNERATION AND IS NOT ADVERTISED OR PROMOTED TO THE.PUBLIC. 5. ACQUIRING,POSSESSING,MANUFACTURING,USING,PURCHASING,SELLING OR TRANSPORTING' PARAPHERNALIA RELATING TO THE CULTIVATION,MANUFACTURE,PROCESSING OR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS. nn d L� Page 4 of 17 SEP 2 6 2019 ARIZONA SECRETARY OF STATE 6. ASSISTING ANOTHER INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IN ANY OF THE ACTS DESCRIBED IN THIS SUBSECTION. B. NOTWITIISTANDING ANY OTHER LAW,A PERSON WITH METABOLITES OR COMPONENTS OF (MARIJUANA IN THE PERSON'S BODY 1S GUILTY OF VIOLATING SECTION 28-1381,SUBSECTION A,PARAGRAPH 3 ONLY IF THE PERSON IS ALSO IMPAIRED TO THE SLIGHTEST DEGREE. C. NOTWITHSTANDING ANY OTHER LAW,THE ODOR OF MARIJUANA OR BURNT MARIJUANA DOES NOT BY ITSELF CONSTITUTE REASONABLE ARTICULABLE SUSPICION OF A CRIME. THIS SUBSECTION DOES NOT APPLY WHEN A LAW ENFORCEMENT OFFICER IS INVESTIGATING WHETHER A PERSON HAS VIOLATED SECTION 28-1381. 36-2853.Violati ns•c a ' c i ]penaky-,-addiligilal fim enforcmem A. NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS OTHERWISE PROVIDED W THIS CHAPTER, A PERSON WHO POSSESSES AN AMOUNT OF MARIJUANA GREATER THAN THE AMOUNT ALLOWED PURSUANT TO SECTION 36-2852,BUT NOT MORE THAN TWO AND ONE-HALF OUNCES OF MARIJUANA,OF WHICH NOT MORE THAN TWELVE-AND ONE-HALF GRAMS IS IN THE FORM OF MARIJUANA CONCENTRATE, IS GUILTY OF A PETTY OFFENSE. B. NOTWITHSTANDING ANY OTHER LAW,A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO POSSESSES,CONSUMES,TRANSPORTS OR TRANSFERS WITHOUT REMUNERATION ONE OUNCE OR LESS OF MARIJUANA,OF WHICH NOT MORE THAN FIVE GRAMS IS IN THE FORM OF MARIJUANA CONCENTRATE, OR PARAPHERNALIA RELATING TO THE CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS: 1. FOR A FIRST VIOLATION,SHALL PAY A CIVIL PENALTY OF NOT MORE THAN$100 TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856 AND 1N THE COURT'S DISCRETION MAY BE ORDERED TO ATTEND UP TO FOUR HOURS OF DRUG EDUCATION OR COUNSELING. 2, FOR A SECOND VIOLATION,IS GUILTY OF A PETTY OFFENSE,AND IN THE COURT'S DISCRETION MAY BE ORDERED TO ATTEND UP TO EIGHT HOURS OF DRUG EDUCATION OR COUNSELING, 3. FOR A THIRD OR SUBSLQUENT VIOLATION,IS GUILTY OF A CLASS 1 MISDEMEANOR. C. A PERSON WHO SMOKES MARIJUANA IN A PUBLIC PLACE OR OPEN SPACE IS GUILTY OF A PETTY OFFENSE, D. EXCEPT AS OTHERWISE PROVIDED IN CHAPTER 28,1 OF THIS TITLE AND NOTWITHSTANDING ANY OTHER LAW,ANY UNLICENSED PERSON WHO CULTIVATES MARIJUANA PLANTS PURSUANT TO SECTION 36-2852 WHERE THEY ARE VISIBLE FROM PUBLIC VIEW WITHOUT USING BINOCULARS,AIRCRAFT OR OTHER OPTICAL AIDS OR OUTSIDE OF AN ENCLOSED AREA THAT IS EQUIPPED WITH A LOCK OR OTHER SECURITY DEVICE THAT PREVENTS ACCESS BY MINORS IS GUILTY OF: 1 FOR A FIRST VIOLATION,A PETTY OFFENSE. 2. FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS 3 MISDEMEANOR. E. A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO MISREPRESENTS THE PERSON'S AGE TO ANY OTHER PERSON BY MEANS OF A WRITTEN INSTRUMENT OF IDENTIFICATION OR WHO USES A FRAUDULENT OR FALSE WRITTEN INSTRUMENT OF IDENTIFICATION WITH THE INTENT TO INDUCE A PERSON TO SELL OR OTHERWISE TRANSFER MARIJUANA OR A MARIJUANA PRODUCT TO THE PERSON WIIO IS UNDER TWENTY-ONE YEARS OF AGE IS GUILTY OF: 1 FOR A FIRST VIOLATION,A PETIY OFFENSE 2 FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS l MISDEMEANOR. F, A PERSON WHO IS CINDER TWENTY-ONE YEARS OF AGE AND WHO SOLICITS ANOTHER PERSON TO PURCHASE MARIJUANA OR A MARIJUANA PRODUCT IN VIOLATION OF THIS CHAPTER IS GUILTY OF: 1. FOR A FIRST VIOLATION,A PETTY OFFENSE 2. FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS 3 MISDEMEANOR. 36-2854.Rules licelisin2e carlY apPlicnism ee •v' cna t •Irgal c u[ el A. THE DEPARTMENT SHALL ADOPT RULES TO lMPLEIvIENT AND ENFORCE THIS CHAPTER AND REGULATE MARIJUANA,MARIJUANA PRODUCTS,MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. THOSE RULES SHALL INCLUDE REQUIREMENTS FOR: 1. LICENSING MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES,INCLUDING CONDUCTING INVESTIGATIONS AND BACKGROUND CHECKS TO DETERMINE ELIGIBILITY FOR LICENSING FOR MARIJUANA ESTABLISIMENT AND MARIJUANA TESTING FACILITY APPLICANTS,EXCEPT THAT: (a) AN APPLICATION FOR A MARIJUANA ESTABLISHMENT LICENSE OR MARIJUANA TESTING FACILITY LICENSE MAY NOT REQUIRE THE DISCLOSURE OF THE IDENTITY OF ANY PERSON WHO IS ENTITLED TO A SHARE OF LESS THAN TEN PERCENT OF THE PROFITS OF AN APPLICANT THAT IS A PUBLICLY TRADED CORPORATION. _ L �V Page 5 of 17 SEP 2 6 20i9 �r"70k!�rrl,r rT'c�v OF SIATE (b) THE DEPARTMENT MAY NOT ISSUE MORE THAN ONE MARIJUANA ESTABLISHMENT LICENSE FOR EVERY TEN PHARMACIES THAT HAVE REGISTERED UNDER SECTION 32-1929,THAT HAVE 013TAINED A PHARMACY PERMIT FROM THE ARIZONA BOARD OF PHARMACY AND THAT OPERATE WITHIN THIS STATE. (c) NOTWITHSTANDING SUBDIVISION(b)OF THIS PARAGRAPH,THE DEPARTMENT MAY ISSUE A MARIJUANA ESTABLISHMENT LICENSE TO NOT MORE THAN TWO MARIJUANA ESTABLISHMENTS PER COUNTY THAT CONTAINS NO REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARIES,OR ONE MARIJUANA ESTABLISHMENT LICENSE PER COUNTY THAT CONTAINS ONE REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY. ANY LICENSE ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE FOR A FIXED COUNTY AND MAY NOT BE RELOCATED OUTSIDE OF THAT COUNTY. (d) THE DEPARTMENT SHALL ACCEPT APPLICATIONS FOR MARIJUANA ESTABLISHMENT LICENSES FROM EARLY APPLICANTS BEGINNING JANUARY 19,2021 THROUGH MARCH 9,2U21. NOT LATER THAN SIXTY DAYS AFTER RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION,THE DEPARTMENT SIEALL ISSUE A MARIJUANA ESTABLISHMENT LICENSE TO EACH QUALIFIED EARLY APPLICANT.IF THE DEPARTMENT HAS NOT ADOPTED FINAL RULES PURSUANT TO THIS SECTION AT THE TIME MARIJUANA ESTABLISHMENT LICENSES ARE ISSUED PURSUANT TO THIS SUBDIVISION,LICENSEES SHALL COMPLY WITH THE RULES ADOPTED BY THE DEPARTMENT TO IMPLEMENT CHAPTER 28.1 OF THIS TITLE EXCEPT THOSE THAT ARE INCONSISTENT WITH THIS CHAPTER. (e) AFTER ISSUING MARIJUANA ESTABLISHMENT LICENSES TO QUALIFIED EARLY APPLICANTS,THE DEPARTMENT SHALL ISSUE MARIJUANA ESTABLISHMENT LICENSES AVAILABLE UNDER SUBDIVISIONS(b)AND (c)OF THIS PARAGRAPH BY RANDOM SELECTION AND ACCORDING TO RULES ADOPTED PURSUANT TO THIS SECTION. AT LEAST SIXTY DAYS PRIOR TO ANY RANDOM SELECTION,THE DEPARTMENT SHALL PROMINENTLY PUBLICIZE THE RANDOM SELECTION ON ITS WEBSITE AND THROUGH OTHER MEANS OF GENERAL DISTRIBUTION INTENDED TO REACH AS MANY INTERESTED PARTIES AS POSSIBLE AND SHALL PROVIDE NOTICE THROUGII AN EMAIL NOTIFICATION SYSTEM TO WHICH INTERESTED PARTIES CAN SUBSCRIBE. (f) NOTWITHSTANDING SUBDIVISIONS(b)AND(c)OF THIS PARAGRAPH,AND NO LATER THAN SIX MONTHS A=THE DEPARTMENT ADOPTS FINAL RULES TO IIvII'LEMENT A SOCIAL EQUITY OWNERSHIP PROGRAM PURSUANT TO PARAGRAPH 9 OF THIS SUBSECTION,THE DEPARTMENT SHALL ISSUE TIVENTY-SIX ADDITIONAL MARIJUANA ESTABLISHMENT LICENSES TO ENTITIES THAT ARE QUALIFIED PURSUANT TO THE SOCIAL EQUITY OWNERSHIP PROGRAM. (g) LICENSES ISSUED BY THE DEPARTMENT TO MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES SHALL BE VALID FOR A PERIOD OF TWO YEARS. 2. LICENSING FEES AND RENEWAL FEES FOR MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES IN AMOUNTS THAT ARE REASONABLE AND RELATED TO THE ACTUAL COST OF PROCESSING APPLICATIONS FOR LICENSES AND RENEWALS AND THAT DO NOT EXCEED FIVE TIMES THE FEES PRESCRIBED BY THE DEPARTMENT TO REGISTER OR RENEW A NONPROFIT'MEDICAL.MARIJUANA DISPENSARY. 3. THE SECURITY OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. 4. MARIJUANA ESTABLISHMENTS TO SAFELY CULTIVATE,PROCESS AND MANUFACTURE MARIJUANA AND MARIJUANA PRODUCTS. 5. TRACKING,TESTING,LABELING AND PACKAGING MARIJUANA AND MARIJUANA PRODUCT'S, INCLUDING REQUIREMENTS THAT MARIJUANA AND MARIJUANA PRODUCTS BE: (a) SOLD TO CONSUMERS IN CLEARLY AND CONSPICUOUSLY LABELED CONTAINERS THAT CONTAIN ACCURATE WARNINGS REGARDING THE USE OF MARIJUANA OR MARIJUANA PRODUCTS, (b) PLACED IN CHILD-RESISTANT PACKAGING ON EXIT FROM A MARIJUANA ESTABLISHMENT. 6. FORMS OF GOVERNMENT-ISSUED IDENTIFICATION THAT ARE ACCEPTABLE BY A MARIJUANA ESTABLISHMENT VERIFYING A CONSUMER'S AGE AND PROCEDURES RELATED TO VERIFYING A CONSUMER'S AGE CONSISTENT WITH SECTION 4-241.UNTIL THE DEPARTMENT ADOPTS FINAL RULES RELATED TO VERIFYING A CONSUMER'S AGE,MARIJUANA ESTABLISHMENTS SHALL COMPLY WITH THE PROOF OF LEGAL AGE REQUIREMENTS PRESCRIBED IN SECTION 4-241. 7. THE POTENCY OF EDIBLE MARIJUANA PRODUCTS THAT MAY BE SOLD TO CONSUMERS BY MARIJUANA ESTABLISHMENTS AT REASONABLE LEVELS UPON CONSIDERATION OF INDUSTRY STANDARDS, EXCEPT THAT THE RULES: (a) SHALL LIMIT THE STRENGTH OF EDIBLE MARIJUANA PRODUCTS TO NO MORE THAN TEN MILLIGRAMS OF TETRAHYDROCANNABINOL PER SERVING OR ONE HUNDRED MILLIGRAMS OF T1 tRAI IYDROCANNABINOL PER PACKAGE. (b) SHALL REQUIRE THAT IF A MARIJUANA PRODUCT CONTAINS MORE THAN ONE SERVING,IT MUST BE DELINEATED OR SCORED INTO STANDARD SERVING SIZES AND HOMOGENIZED TO ENSURE UNIFORM DISBURSEMENT THROUGHOUT THE MARIJUANA PRODUCT. 8. ENSURING THE HEALTH,SAFETY AND TRAINING OF EMPLOYEES OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. F� SEP Pagc 6 oC17 2019 ARIZONA SECRETARY OF STATE L 6 2MARY OF STATE 9. THE CREATION AND IMPLEMENTATION OF A SOCIAL EQUITY OWNERSHIP PROGRAM TO PROMOTE THE OWNERSHIP AND OPERATION OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES BY INDIVIDUALS FROM COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE ENFORCEMENT OF PREVIOUS MARIJUANA LAWS. B. THE DEPARTMENT MAY: 1. SUBJECT TO TITLE 41,CHAPTER 6,ARTICLE 10,DENY ANY APPLICATION SUBMITTED OR DENY, SUSPEND OR REVOKE,IN WHOLE OR IN PART,ANY REGISTRATION OR LICENSE ISSUED UNDER THIS CHAPTER IF THE REGISTERED OR LICENSED PARTY OR AN OFFICER,AGENT OR EMPLOYEE OF THE REGISTERED OR LICENSED PARTY DOES ANY OF THE FOLLOWING: (a) VIOLATES THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER. (b) HAS BEEN,IS OR MAY CONTINUE TO BE IN SUBSTANTIAL VIOLATION OF THE REQUIREMENTS FOR LICENSING OR REGISTRATION AND,AS A RESULT,THE HEALTH OR SAFETY OF THE GENERAL PUBLIC IS IN IMMEDIATE DANGER. 2, SUBJECT TO TITLE 41,CHAPTER 6,ARTICLE 10,AND UNLESS ANOTHER PENALTY IS PROVIDED ELSEWHERE IN THIS CHAPTER,ASSESS A CIVIL PENALTY AGAINST A PERSON THAT VIOLATES THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER IN AN AMOUNT NOT TO EXCEED$1,000 FOR EACH VIOLATION. EACH DAY A VIOLATION OCCURS CONSTITUTES A SEPARATE VIOLATION. THE MAXIMUM AMOUNT OF ANY ASSESSMENT IS$25,000 FOR ANY THIRTY-DAY PERIOD. IN DETERMINING THE AMOUNT OF A f 1 CIVII.PENALTY ASSESSED AGAINST A PERSON,THE DEPARTMENT SHALL CONSIDER ALL OF THE FACTORS SET 1 FORTH IN SECTION 36-2816,SUBSECTION H. ALL CIVIL PENALTIES COLLECTED BY THE DEPARTMENT PURSUANT 1 TO THIS PARAGRAPH SHALL BE DEPOSITED IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. 1 3. AT ANY TIME DURING REGULAR HOURS OF OPERATION,VISIT AND INSPECT A MARIJUANA ESTABLISHMENT,MARIJUANA TESTING FACIi_iTY OR DUAL LICENSEE-TO DETERMINE IF IT COMPLIES WITH THIS CHAPTER AND RULES ADOPTED PURSUANT TO THIS CHAPTER.THE DEPARTMENT SHALL MAKE AT LEAST ONE UNANNOUNCED VISIT ANNUALLY TO EACH FACILITY LICENSED PURSUANT TO THIS CHAPTER. 4. ADOPT ANY OTHER RULES NOT EXPRESSLY STATED IN THIS SECTION THAT ARE NECESSARY TO ENSURE THE SAFE AND RESPONSIBLE CULTIVATION,SALE,PROCESSING,MANUFACTURE,TESTING AND TRANSPORT OF MARIJUANA AND MARIJUANA PRODUCTS, C. UNTIL THE DEPARTMENT ADOPTS RULES PERMITTING AND REGULATING DELIVERY BY r� MARIJUANA ESTABLISHMENTS PURSUANT TO SUBSECTION D OF THIS SECTION,DELIVERY 1S UNLAWFUL UNDER THIS CHAPTER. D. ON OR AFTER JANUARY 1,2023,THE DEPARTMENT MAY,AND NO LATER THAN JANUARY 1,2025 THE DEPARTMENT SHALL,ADOPT RULES TO PERMIT AND REGULATE DELIVERY BY MARIJUANA ESTABLISHMENTS. THE RULES SHALL: I, REQUIRE THAT DELIVERY AND THE MARIJUANA AND MARIJUANA PRODUCTS TO BE DELIVERED ORIGINATE FROM A DESIGNATED RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT AND ONLY AFTER AN ORDER IS MADE WITH TT-IE MARIJUANA ESTABLISHMENT BY A CONSUMER. 2. PROIHBIT DELIVERY TO ANY PROPERTY OWNED OR LEASED BY THE UNITED STATES,THIS STATE,A POLITICAL SUBDIVISION OF THIS STATE OR THE ARIZONA BOARD OF REGENTS, 3. LIMIT THE AMOUNT OF MAR.LIUANA AND MARIJUANA PRODUCTS BASED ON RETAIL PRICE TIIAT MAY BE IN A DELIVERY VEHICLE DURING A SINGLE TRIP FROM THE DESIGNATED RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT. 4. PROHIBIT EXTRA OR UNALLOCATED MARIJUANA OR MARIJUANA PRODUCTS IN DELIVERY VEHICLES. 5. REQUIRE THAT DELIVERIES BE MADE ONLY BY MARIJUANA FACILITY AGENTS IN UNMARKED VEHICLES THAT ARE EQUIPPED WITH A GLOBAL POSITIONING SYSTEM OR SIMILAR LOCATION TRACKING SYSTEM AND VIDEO SURVEILLANCE AND RECORDING EQUIPMENT,AND THAT CONTAIN A LOCKED COMPARTMENT IN WHICH MARIJUANA AND MARIJUANA PRODUCTS MUST BE STORED. 6. REQUIRE DELIVERY LOGS NECESSARY TO ENSURE COMPLIANCE WITH THIS SUBSECTION AND RULES ADOPTED PURSUANTTO THIS SUBSECTION. 7. REQUIRE INSPECTIONS TO ENSURE COMPLIANCE WITH THIS SUBSECTION AND RULES ADOPTED PURSUANT TO THIS SUBSECTION. 8. INCLUDE ANY OTHER PROVISIONS NECESSARY TO ENSURE SAFE AND RESTRICTED DELIVERY. 9. REQUIRE DUAL LICENSEES TO COMPLY WITH THE RULES ADOPTED PURSUANT TO THIS SUBSECTION. E EXCEPT AS PROVIDED IN SUBSECTION D OF THIS SECTION,THE DEPARTMENT MAY NOT PERMIT DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS UNDER THIS CHAPTER BY ANY INDIVIDUAL OR ENTITY. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW,AN INDIVIDUAL OR ENTITY THAT DELIVERS MARIJUANA OR MARIJUANA PRODUCTS IN A MANNER THAT IS NOT AUTHORIZED BY THIS CHAPTER SHALL PAY Page 7 of 17 A CIVIL PENALTY OF$20,000 PER VIOLATION TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. TRIS SUBSECTION MAY BE ENFORCED BY THE ATTORNEY GENERAL. F ALL RULES ADOPTED BY THE DEPARTMENT PURSUANT TO THIS SECTION SHALL BE CONSIS'ITN l WITH THE PURPOSE OF THIS CHAPTER. G THE DEPARTMENT MAY NOI ADOPT ANY RULE THAT: 1 PROHIBITS THE OPERATION OF MARIJUANA ESTABLISHMENTS,EITHER EXPRESSLY OR TITROUGH REQUIREMENTS THAT MAKE THE OPERATION OF A MARIJUANA ESTABLISHMENT UNDULY BURDENSOME. 2 PROHIBITS OR INTERFERES WITH THE ABILITY OF A DUAL LICENSEE TO OPERATE A MARIJUANA ESTABLISHMENT AND A NONPROFIT MEDICAL MARIJUANA DISPENSARY AT SHARED LOCATIONS. H. NOTWITHSTANDING SECTION 41-192,THE DEPARTMENT MAY EMPLOY LEGAL COUNSEL AND MAKE AN EXPENDITURE OR INCUR AN INDEBTEDNESS FOR LEGAL SERVICES FOR THE PURPOSES OF: I DEFENDING THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER. 2 DEFENDING CHAPTER 28,1 OF THIS TITLE OR RULES ADOPTED PURSUANT TO CHAPTER 28.1 OF THIS TITLE. I. THE DEPARTMENT SHALL DEPOSIT ALL LICENSE FEES,APPLICATION FEES AND RENEWAL FEES PAID TO THE DEPARTMENT PURSUANT TO THIS CHAPTER IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. J. ON REQUEST,THE DEPARTMENT SHALL SHARE WITH THE DEPARTMENT OF REVENUE INFORMATION REGARDING A MARIJUANA ESTABLISHMENT,MARIJUANA TESTING FACILITY OR DUAL LICENSEE,INCLUDING ITS NAME,PHYSICAL ADDRESS,CULTIVATION SITE AND TRANSACTION PRIVILEGE TAX LICENSE NUMBER. K. NOTWI LISTANDING ANY OTHER LAW,THE DEPARTMENT MAY: I. LICENSE AN INDEPENDENT THIRD-PARTY LABORATORY TO ALSO OPERATE AS A MARIJUANA TESTING FACILITY. 2. OPERATE A MARIJUANA TESTING FACILITY. L. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A CURRENT LIST OF ALL MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES BY NAME AND LICENSE NUMBER M NOTWITHSTANDING ANY OTHER LAW,THE ISSUANCE OF AN OCCUPATIONAL,PROFESSIONAL OR OTHER REGULATORY LICENSE OR CERTIFICATION TO A PERSON BY A JURISDICT10N OR REGULATORY AUITIORITY OUTSIDE THIS STATE DOES NOT ENTITLE THAT PERSON TO BE ISSUED A MARIJUANA ESTABLISHMENT LICENSE,A MARIJUANA TESTING FACILITY LICENSE,OR ANY OTHER LICENSE,REGISTRATION OR CERTIFICATION UNDER THIS CHAPTER. 36-2855,h1a66uana facility_agcnt5:rcyis(rationt card;ruic5 A. A MARIJUANA FACILITY AGENT SHALL BE REGISTERED WITH THE DEPARTMENT 13E ORE WORKING AT A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY, B. A PERSON WHO WISHES TO BE REGISTERED AS A MARIJUANA FACILITY AGENT OR RENEW THE PERSON'S REGISTRATION AS A MARIJUANA FACILITY AGENT SHALL: 1, SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE DEPARTMENT AND PAY A NONREFUNDABLE FEE THAT IS REASONABLE AND RELATED TO THE ACTUAL COST OF PROCESSING APPLICATIONS SUBMITTED PURSUANT TO THIS SECTION. 2. SUBMIT EVIDENCE THAT THE APPLICANT HOLDS A CURRENT LEVEL 1 FINGERPRINT CLEARANCE CARD ISSUED PURSUANT TO SECTION 41-1758.07,OR SUBMIT A FULL SET OF THE APPLICANT'S FINGERPRINTS FOR THE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL RECORDS CHECK PURSUANT TO SECTION 41-1750 AND PUBLIC LAW 92-544. THE DEPARTMENT OF PUBLIC SAFETY MAY EXCHANGE THIS FINGERPRINT DATA WITH THE FEDERAL BUREAU OF INVESTIGATION WITHOUT DISCLOSING THAT THE RECORDS CHECK IS RELATED TO THIS CHAPTER AND ACTS ALLOWED BY THIS CHAPTER. THE DEPARTMENT OF PUBLIC SAFETY SHALL DESTROY EACH SET OF FINGERPRINTS AFTER THE CRLMINAL RECORDS CHECK IS COMPLETED. C. IF THE DEPARTMENT DETERMINES THAT AN APPLICANT MEETS THE CRITERIA FOR REGISTRATION UNDER THIS CHAPTER AND RULES PURSUANT TO THIS CIIAPTER,THE DEPARTMENT SHALL ISSUE THE APPLICANT A MARIJUANA FACILITY AGENT CARD THAT IS VALID FOR TWO YEARS. D. A REGISTERED MARIJUANA FACILITY AGENT MAY BE EMPLOYED BY OR ASSOCIATED WITH ANY MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY.A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY SHALL PROMPTLY NOTIFY THE DEPARTMENT WHEN IT EMPLOYS OR BECOMES ASSOCIATED WITH A NEW MARIJUANA FACILITY AGENT.A MARIJUANA FACILITY AGENT SHALL PROMPTLY NOTIFY THE-DEPARTMENT WHEN THE MARIJUANA FACILITY AGENT IS EMPLOYED BY OR BECOMES ASSOCIATED WITH A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY AND WHEN THE MARIJUANA FACILITY AGENT IS NO LONGER EMPLOYED BY OR ASSOCIATED 1VITR A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY. Page 8 of 17 SEP 2 6 2019 ARIZONA SECRETARY OF STATE E A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT OF A DUAL LICENSEE WHO HAS APPLIED TO BE REGISTERED AS A MARIJUANA FACILITY AGENT MAY SERVE AS A MARIJUANA FACILITY AGENT OF THAT DUAL LICENSEE UNTIL THE DEPARTMENT HAS APPROVED OR REJECTED THE AGENT'S APPLICATION F THE DEPARTMENT SHALL ADOPT RULES TO IMPLEMENT THIS SECTION. 36-2856 Smart and safe Arizona fund,disposition:exemption 1 A. THE SMART AND SAFE ARIZONA FUND IS ESTABLISHED CONSISTING OF ALL MONIES DEPOSITED {l PURSUANT TO SECTIONS 36-2954,42-5452 AND 42-5503,PRIVATE DONATIONS AND INTEREST EARNED ON THOSE MONIES. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. MONIES IN THE FUND AND ITS ACCOUNTS MAY NOT BE TRANSFERRED TO ANY OTHER FUND EXCEPT AS PROVIDED IN THIS SECTION,DO NOT REVERT TO THE STATE GENERAL FUND AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO THE LAPSING OF APPROPRIATIONS.THE STATE TREASURER SHALL ADMINISTER THE FUND. B ALL MONIES IN THE SMART AND SAFE ARIZONA FUND MUST FIRST BE SPENT,AND THE STATE TREASURER SHALL TRANSFER MONIES FROM THE FUND,TO PAY: k 1 l TIIE ACTUAL REASONABLE COSTS INCURRED BY THE DEPARTMENT TO IMPLEMENT,CARRY OUT AND ENFORCE THIS CHAPTER AND RULES ADOPTED PURSUANT TO THIS CHAPTER. 2. THE ACTUAL REASONABLE COSTS INCURRED BY THE DEPARTMENT OF REVENUE TO IMPOSE AND ENFORCE THE TAX AUTHORIZED AND LEVIED BY SECTION 42-5452. a 3. THE ACTUAL REASONABLE COSTS INCURRED BY THE SUPREME COURT AND THE DEPARTMENT ' OF PUBLIC SAFETY TO PROCESS PETITIONS FOR EXPUNGEMENT AND EXPUNGEMENT ORDERS PURSUANT TO SECTION 36-2862 AND TO OTHERWISE IMPLEMENT SECTION 36-2862. 4 THE ACTUAL REASONABLE COSTS INCURRED BY THE STATE TREASURER TO ADMINISTER THE FUND 5 ANY OTHER MANDATORY EXPENDITURE OF STATE REVENUES REQUIRED BY THIS CHAPTER TO IMPLEMENT OR ENFORCE THE PROVISIONS OF THIS CHAPTER. C THE STATE TREASURER MAY PRESCRIBE FORMS NECESSARY TO MAKE TRANSFERS FROM THE SMART AND SAFE ARIZONA FUND PURSUANT TO SUBSECTION B OF THIS SECTION. D. ON OR BEFORE JUNE 30 AND DECEMBER 31 OF EACH YEAR,THE STATE TREASURER SHALL TRANSFER ALL MONIES IN THE SMART AND SAFE ARIZONA FUND IN EXCESS OF THE AMOUNTS PAID PURSUANT l TO SUBSECTION B OF THIS SECTION AS FOLLOWS: I. 33 PERCENT TO COMMUNITY COLLEGE DISTRICTS AND PROVISIONAL COMMUNITY COLLEGE DISTRICTS,BUT NOT TO COMlaJNTTY COLLEGE TUITION FINANCING DISTRICTS ESTABLISHED PURSUANT TO SECTION 15-1409,FOR THE PURPOSES OF INVESTING IN AND PROVIDING WORKFORCE DEVELOPMENT PROGRAMS,JOB TRAINING,CAREER AND TECHNICAL EDUCATION,AND SCIENCE,TECHNOLOGY,ENGINEERING AND MATH PROGRAMS,AS FOLLOWS: (a) 15 PERCENT OF THE 33 PERCENT DIVIDED EQUALLY BETWEEN EACH COMMUNITY COLLEGE DISTRICT. (b) 0.5 PERCENT OF THE 33 PERCENT DIVIDED EQUALLY BETWEEN EACH PROVISIONAL COMMUNITY COLLEGE DISTRICT,IF ONE OR MORE PROVISIONAL COMMUNITY COLLEGE DISTRICTS EXIST. (c) THE REMAINDER TO COMMUNITY COLLEGE DISTRICTS AND PROVISIONAL COMMUNITY COLLEGES DISTRICTS IN PROPORTION TO EACH DISTRICT'S FULL-TINIE EQUIVALENT STUDENT ENROLLMENT l PERCENTAGE OF THE TOTAL STATEWIDE AUDITED FULL-TIME EQUIVALENT STUDENT ENROLLMENT IN THE PRECEDING FISCAL YEAR PRESCRIBED IN SECTION 15-1466 01. 2. 31.4 PERCENT TO MUNICIPAL POLICE DEPARTMENTS,MUNICIPAL FIRE DEPARTMENTS,FIRE DISTRICTS ESTABLISHED PURSUANT TO TITLE 48,CHAPTER 5 AND COUNTY SHERIFFS'DEPARTMENT'S IN PROPORTION TO TTIF NUMBER OF ENROLLED MEMBERS FOR EACH SUCH AGENCY IN THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM ESTABLISHED BY TITLE 38,CHAPTER 5,ARTICLE 4 AND THE PUBLIC SAFETY PERSONNEL DEFINED CONTRIBUTION PLAN ESTABLISI-LED BY TITLE 38,CHAPTER 5,ARTICLE 4.1,FOR PERSONNEL COSTS. 3. 25.4 PERCENT TO THE ARIZONA HIGHWAY USER REVENUE FUND ESTABLISHED BY SECTION 28- 6533. 4. 10 PERCENT TO THE JUSTICE REINVF-STML-NT FUND ESTABLISHED BY SECTION 36-2863. 5. 0.2 PERCENT TO TIC ATTORNEY GENERAL TO USE TO ENFORCE TINS CHAPTER,OR TO GRANT TO LOCALITIES TO ENFORCE THIS CHAPTER E. THE MONIES TRANSFERRED AND RECEIVED PURSUANT TO THIS SECTION: l. ARE IN ADDITION TO ANY OTHER APPROPRIATION,'TRANSFER OR OTHER ALLOCATION OF MONIES AND MAY NOT SUPPLANT,REPLACE OR CAUSE A REDUCTION IN OTHER FUNDING SOURCES. 1 2, ARE NOT CONSIDERED LOCAL REVENUES FOR THE PURPOSES OF ARTICLE IX,SECTIONS 20 AND 21,CONSTITUTION OF ARIZONA. i Page 9 of 17 t SEP 2 6 2019 1 ARIZONA SECRETARY OF STATE 0 L E SEP 2 6 2019 36-2857.Localities:marijuana csta lishment and marijuana t stin facilitic A. A LOCALITY MAY: ARIZONA SECRETARY OF STATE I. ENACT REASONABLE ZONING REGULATIONS THAT LIMIT THE USE OF LAND FOR MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES TO SPECFRFD AREAS. 2. LIMTT TI-lF NUMBER OF MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,OR BOTH. 3. PROHIBIT MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,OR BOTH. 4. REGULATE THE TIME,PLACE AND MANNER OF MARIJUANA ESTABLISHMENT AND MARIJUANA TESTING FACILITY OPERATIONS, 5. ESTABLISH REASONABLE RESTRICTIONS ON PUBLIC SIGNAGE REGARDING MARIJUANA, MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. 6. PROHIBIT OR RESTRICT DELIVERY WITHIN ITS JURISDICTION. B. A COUNTY MAY EXERCISE ITS AUTHORITY PURSUANT TO SUBSECTION A OF THIS SECTION ONLY IN UNINCORPORATED AREAS OF THE COUNTY. C. A LOCALITY MAY NOT ENACT ANY ORDINANCE,REGULATION OR RULE THAT: 1. IS MORE RESTRICTIVE THAN A COMPARABLE ORDINANCE,REGULATION OR RULE THAT APPLIES TO NONPROFIT MEDICAL MARIJUANA DISPENSARIES. 2, MAKES THE OPERATION OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY UNDULY BURDENSOME IF THE LOCALITY HAS NOT PROHIBITED MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES. 3. CONFLICT'S NVTTH THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER 4. PROHIBITS THE TRANSPORTATION OF MARIJUANA BY A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY ON PUBLIC ROADS. 5, RESTRICTS DR INTERFERES WITH THE ABILITY OF A DUAL LICENSEE OR AN ENTITY ELIGIBLE TO BECOME A DUAL LICENSEE TO OPERATE A NONPROFIT MEDICAL MARIJUANA DISPENSARY AND A MARIJUANA ESTABLISHMENT COOPERATIVELY AT SHARED LOCATIONS. 6. EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION OR SECTION 36-2E51,PROHIBITS OR RESTRICTS ANY CONDUCT OR TRANSACTION ALLOWED BY THIS CHAPTER,OR IMPOSES ANY LIABILITY OR PENALTY IN ADDITION TO THAT PRESCRIBED BY THIS CHAPTER FOR ANY CONDUCT OR TRANSACTION CONSTITUTING A VIOLATION OF THIS CHAPTER. 36-2858.lAwful gumtiona cstablishincnis ond mulivana t A. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED IN SECTION 36-2857 AND NOTWITHSTANDING ANY OTHER LAW,IT IS LAWFUL AND IS NOT AN OFFENSE UNDER THE LAWS OF THIS STATE. OR ANY LOCALITY,MAY NOT CONSTITUTE THE BASIS FOR DETENTION,SEARCH OR ARREST,AND MAY NOT CONSTITUTE THE SOLE BASIS FOR SEIZURE OR FORFEITURE OF ASSETS OR THE BASIS FOR IMPOSING PENALTIES UNDER THE LAWS OF THIS STATE OR ANY LOCALITY FOR: 1. A MARIJUANA ESTABLISHMENT,OR AN AGENT ACTING ON BEHALF OF A MARIJUANA ESTABLISHMENT,TO: (a) POSSESS MARIJUANA OR MARIJUANA PRODUCTS. (b) PURCHASE,SELL OR TRANSPORT MARIJUANA AND MARIJUANA PRODUCTS TO OR FROM A MARIJUANA ESTABLISHMENT. (c) SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS,EXCEPT THAT A MARIJUANA ESTABLISHMENT MAY NOT SELL MORE THAN ONE OUNCE OF MARIJUANA TO A CONSUMER IN A SINGLE TRANSACTION,NOT MORE THAN FIVE GRAMS OF WHICH MAY BE IN THE FORM OF MARIJUANA CONCENTRATE.. (d) CULTIVATE,PRODUCE,TEST OR PROCESS MARIJUANA OR MANUFACTURE MARIJUANA OR MARIJUANA PRODUCTS BY ANY MEANS INCLUDING CHEMICAL EXTRACTION OR CHEMICAL SYNTHESIS. 2. AN AGENT ACTING ON 13EEIALF OF A MARIJUANA ESTABLISHMENT TO SET I OR OTHERWISE TRANSFER MARIJUANA TO AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE,IF THE AGENT REASONABLY VERIFIED THAT THE INDIVIDUAL APPEARED TO BE TWENTY-ONE YEARS OF AGE OR OLDER BY MEANS OF A GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION IN COMPLIANCE WITH RULES ADOPTED PURSUANT TO SECTION 36-2854,SUBSECTION A,PARAGRAPH 6, 3. A MARIJUANA TESTING FACILITY,OR AN AGENT ACTING ON BEHALF OF A MARIJUANA TESTING FACILITY,TO OBTAIN,POSSESS,PROCESS,REPACKAGE,TRANSFER,TRANSPORT OR TEST MARIJUANA AND MARIJUANA PRODUCTS. 4. A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISIMMNT,OR AN AGENT ACTING ON BEHALF OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISHMENT,TO SELL OR OTHERWISE TRANSFER MARIJUANA OR MARIJUANA PRODUCTS TO A NONPROFIT MEDICAL MARIJUANA DISPENSARY,A MARIJUANA ESTABLISHMENT OR AN AGENT ACTING ON BEHALF OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISHMENT. Page 10 of 17 SEP 2 6 2019 ARIZONA SETHARY OF STATE 5, ANY INDIVIDUAL,CORPORATION OR OTHER ENTITY TO SELL,LEASE OR OTHERWISE ALLOW PROPERTY OR GOODS THAT ARE OWNED,MANAGED OR CONTROLLED BY THE INDIVIDUAL,CORPORATION OR OTHER ENTITY TO BE USED FOR ANY ACTIVITY AUTHORIZED BY THIS CHAPTER,OR TO PROVIDE SERVICES TO A MARIJUANA ESTABLISHMENT,OR MARIJUANA TESTING FACILITY OR AGENT ACTING ON BEHALF OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY IN CONNECTION WITH ANY ACTIVITY AUTHORIZED BY THIS CHAPTER. B. THIS SECTION DOES NOT PRECLUDE THE DEPARTMENT FROM IMPOSING PENALTIES AGAINST A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY FOR FAILING TO COMPLY WITH THIS CHAPTER j OR RULES ADOPTED PURSUANT TO THIS CHAPTER, C. A MARIJUANA ESTABLISHMENT MAY BE OWNED OR OPERATED BY A PUBLICLY TRADED COMPANY. i D. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE: i I MAY HOLD A MARIJUANA ESTABLISHMENT LICENSE AND OPERATE A MARIJUANA ESTABLISHMENT PURSUANT TO THIS CHAPTER 2- MAY OPERATE ON A FOR-PROFIT BASIS IF THE DUAL LICENSEE PROMPTLY NOTIFIES THE DEPARTMENT AND DEPARTMENT OF REVENUE AND TAKES ANY ACTIONS NECESSARY TO ENABLE ITS FOR- PROFIT OPERATION,INCLUDING CONVERTING ITS CORPORATE FORM AND AMENDING ITS ORGANIZATIONAL AND OPERATING DOCUMENTS. 3. MUST CONTINUE TO HOLD BOTH ITS MARIJUANA ESTABLISHMENT LICENSE AND NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION,REGARDLESS OF ANY CHANGE IN OWNERSHIP OF THE DUAL LICENSEE,UNLESS IT TERMINATES ITS STATUS AS A DUAL LICENSEE AND FORFEITS EITHER ITS MARIJUANA ESTABLISHMENT LICENSE OR NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION BY NOTIFYING THE DEPARTMENT OF SUCH A TERMINATION AND FORFEITURE, 4. MAY NOT BE REQUIRED TO (a) EMPLOY OR CONTRACT WITH A MEDICAL DIRECTOR (b) OBTAIN NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT OR MARIJUANA FACILITY AGENT REGISTRATIONS FOR OUTSIDE VENDORS THAT DO NOT HAVE REGULAR,UNSUPERVISED ACCESS TO THE INTERIOR OF THE DUAL LICENSEE. i (c) HAVE AS INGLE SECURE ENTRANCE AS REQUIRED BY SECTION 36-2806,SUBSECTION C,BUT MAY E BE REQUIRED TO IMPLEMENT APPROPRIATE SECURITY MEASURES TO DETER AND PREVENT THE THEFT OF MARIJUANA AND TO REASONABLY REGULATE CUSTOMER ACCESS TO THE PREMISES. (d) COMPLY WITH ANY OTHER PROVISION OF CHAPTER 28.1 OF THIS TITLE OR ANY RULE ADOPTED PURSUANT TO CHAPTER 28.1 OF THIS TITLE THAT MAKES ITS OPERATION AS A DUAL LICENSEE UNDULY BURDENSOME, E. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE THAT ELECTS TO OPERATE ON A FOR- PROFIT BASIS PURSUANT TO SUBSECTION D,PARAGRAPH 2 OF THIS SECTION: I. IS SUBJECT TO THE TA,\7ES IMPOSED PURSUANT TO TIME 43, 2, IS NOT REQUIRED TO SUBMIT ITS ANNUAL FINANCIAL STATEMENTS OR AN AUDIT REPORT TO THE DEPARTMENT FOR PURPOSES OF RENEWING ITS NONPROFIT IYfEDICAL MAIUJUANA DISPENSARY REGISTRATION. F. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE MUST CONDUCT BOTH OF THE FOLLOWING OPERATIONS AT A SHARED LOCATION: I. SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS PURSUANT TO THIS CHAPTER. 2. DISPENSE MARIJUANA TO REGISTERED QUALIFYING PATIENTS AND REGISTERED DESIGNATED CAREGIVERS PURSUANT TO CHAPTER 28.1 OF THIS TITLE. G. NOTWITHSTANDING CHAPTER 28.1 OF THIS TITLE OR ANY RULE ADOPTED PURSUANT TO CHAPTER 28.1 OF THIS TITLE,A DUAL LICENSEE MAY ENGAGE IN ANY ACT,PRACTICE,CONDUCT OR TRANSACTION ALLOWED FOR A MARIJUANA ESTABLISHMENT BY THIS CHAPTER. H. NOTWITHSTANDING ANY OTHER LAW: I. AN INDIVIDUAL MAY BE AN APPLICANT,PRINCIPAL OFFICER OR BOARD MEMBER OF MORE THAN ONE MARIJUANA ESTABLISHMENT OR MORE THAN ONE DUAL LICENSEE REGARDLESS OF THE ESTABLISHA4ENT'S LOCATION. 2. TWO OR MORE MARIJUANA ESTABLISHMENTS OR DUAL LICENSEES MAY DESIGNATE A SINGLE OFF-SITE LOCATION AS PRESCRIBED IN SECTION 36-2850,PARAGRAPH 18,SUBDIVISION(c)TO BE JOINTLY USED BY THOSE DUAL LICENSEES OR MARIJUANA ESTABLISHMENTS. I. MARIJUANA ESTABLISHMENTS,MARIJUANA TESTING FACILITIES AND DUAL LICENSEES THAT ARE SUBJECT TO APPLICABLE FEDERAL OR STATE ANTIDISCRIMINATION LAWS MAY NOT PAY THEIR EMPLOYEES DIFFERENTLY BASED SOLELY ON A PROTECTED CLASS STATUS SUCH AS SEX,RACE,COLOR, RELIGION,NATIONAL ORIGIN,AGE OR DISABILITY.THIS SUBSECTION DOES NOT EXPAND OR MODIFY THE JURISDICTIONAL REACH,PROVISIONS OR REQUIREMENTS OF ANY APPLICABLE ANTI-DISCRIMINATION LAW. Page 11 of 17 i 36-2859.AAdvcrtising restrictions;en fqrccmentt civil pcnalty A. A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY MAY ENGAGE IN ADVERTISING, B. AN ADVERTISING PLATFORM MAY HOST ADVERTISING ONLY IF ALL OF THE FOLLOWING APPLY 1. TIE ADVERTISING IS AUTHORIZED BY A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY. 2. THE ADVERTISING ACCURATELY AND LEGIBLY IDENTITIES THE MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY RESPONSIBLE FOR THE CONTENT OF THE ADVERTISING BY NAME AND LICENSE NUMBER OR REGISTRATION NUMBER. C. ANY ADVERTISING UNDER THIS CHAPTER INVOLVING DIRECT,INDIVIDUALIZED COMMUNICATION OR DIALOGUE SHALL USE A METHOD OF AGE AFFIRMATION TO VERIFY THAT THE RECIPIENT IS TWENTY-ONE YEARS OF AGE OR OLDER BEFORE ENGAGING IN THAT COMMUNICATION OR DIALOGUE. FOR THE PURPOSES OF THIS SUBSECTION,THAT METHOD OF AGE AFFIRMATION MAY INCLUDE USER CONFIRMATION,BIRTH DATE DISCLOSURE OR OTHER SIMILAR REGISTRATION METHODS. D. IT IS UNLAWFUL FOR AN INDIVIDUAL OR ENTITY OTHER THAN A MARIJUANA ESTABLISHMENT OR DUAL LICENSEE TO DO ANY OF THE FOLLOWING IN A MANNER THAT IS NOT AUTHORIZED BY THIS CHAPTER OR RULES ADOPTED BY THE DLPARTNiENT PURSUANT TO THIS CHAPTER I. FACILITATE THE DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS. 2. SOLICIT OR ACCEPT ORDERS FOR MARIJUANA OR MARIJUANA PRODUCTS OR OPERATE A PLATFORM THAT SOLICITS OR ACCEPTS ORDERS FOR MARIJUANA OR MARIJUANA PRODUCTS. 3. OPERATE A LISTING SERVICE RELATED TO THE SALE OR DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS. E. A MARIJUANA ESTABLISHMENT THAT VIOLATES THIS SECTION IS SUBJECT TO DISCIPLINARY ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36-2854,SUBSECTION B. A NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT VIOLATES THIS SECTION IS SUBJECT'TO DISCIPLINARY ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36-2816. F. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW,AN INDIVIDUAL OR ENTITY OTHER THAN A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT ADVERTISES MARIJUANA OR MARIJUANA PRODUCTS IN VIOLATION OF THIS SECTION OR OTHERWISE VIOLATES THIS SECTION SHALL PAY A CIVIL PENALTY OF 520,000 PER VIOLATION TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. TIES SUBSECTION MAY BE ENFORCED BY THE ATTORNEY GENERAL. 36-2860.Packaging;restrictions on particular marijuana Products A. A MARIJUANA ESTABLISHMENT MAY NOT: 1. PACKAGE OR LABEL MARIJUANA OR MARIJUANA PRODUCTS IN A FALSE OR MISLEADING MANNER. 2. MANUFACTURE OR SELL MARIJUANA PRODUCTS THAT RESEMBLE THE FORM OF A HUMAN, ANIMAL,INSECT,FRUIT,TOY OR CARTOON. 3. SELL OR ADVERTISE MARIJUANA OR MARIJUANA PRODUCTS WITH NAMES THAT RESEMBLE OR IMITATE FOOD OR DRINK BRANDS MARKETED TO CHILDREN,OR OTHERWISE ADVERTISE MARIJUANA OR MARIJUANA PRODUCTS TO CHILDREN, B. A MARIJUANA ESTABLISHMENT THAT VIOLATES'PHIS SECTION 1S SUBJECT TO DISCIPLINARY ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36-2854,SUBSECTION B. 36.2861.Contracts iQnal scrviccs A. IT IS TIM PUBLIC POLICY OF THIS STATE THAT CONTRACTS RELATED TO MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES ARE ENFORCEABLE. B. A PERSON THAT IS LICENSED,CERTIFIED OR REGISTERED BY ANY DEPARTMENT,AGENCY OR REGULATORY BOARD OF THIS STATE IS NOT SUBJECT TO DISCIPLINARY ACTION BY THAT ENTITY FOR PROVIDING PROFESSIONAL ASSISTANCE TO A PROSPECTIVE OR REGISTERED MARIJUANA ESTABLISHMENT, MARIJUANA TESTING FACILITY OR OTHER PERSON FOR ANY LAWFUL ACTIVITY UNDER THIS CHAPTER. 36-2862.Exxj2vngc cat:petition:appeal; dismissal of complaints:rules A. BEGINNING JULY 12,2021,AN INDIVIDUAL WHO WAS ARRESTED FOR,CHARGED WITH, ADJUDICATED OR CONVICTED BY TRIAL OR PLEA OF,OR SENTENCED I.OR,ANY OF THE FOLLOWING O1TENSES BASED ON OR ARISING OUT OF CONDUCT OCCURRING BEFORE THE EFFECTIVE DATE OF THIS SECTION MAY PETITION THE COURT TO HAVE THE RECORD OF THAT ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE EXPUNGED: 019 Page 12 of 17 LA 2 6 2 RETARY OF STATE h SEP 2 6 2019 ARIZONA SECRETARY OF STATE 1. POSSESSING,CONSUMING OR TRANSPORTING TWO AND ONE-HALF OUNCES OR LESS OF MARIJUANA,OF WHICH NOT MORE THAN TWELVE AND ONE-HALF GRAMS WAS 1N THE FORM OF MARIJUANA N CONCENTRATE, is 2. POSSESSING,TRANSPORTING,CULTIVATING OR PROCESSING NOT MORE THAN SIX MARIJUANA PLANT'S AT THE INDIVIDUAL'S PRI,NIARY RESIDENCE FOR PERSONAL USE. y 3. POSSESSING, USING OR TRANSPORTING PARAPHERNALIA RELATING TO THE CULTIVATION, a MANUFACTURE,PROCESSING OR CONSUMPTION OF MARIJUANA, B. IF THE COURT RECEIVES A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION: f 1. THE COURT SHALL NOTIFY THE PROSECUTING AGENCY OF THE FILING OF THE PETN ION,AND ALLOW THE PROSECUTING AGENCY TO RESPOND TO THE PETITION WITHIN THIRTY DAYS. 2, THE COURT MAY HOLD A HEARING; � (a) ON THE REQUEST OF EITHER THE PETITIONER OR THE PROSECUTING AGENCY, (b) IF THE COURT CONCLUDES THERE ARE GENUINE DISPUTES OF FACT REGARDING WHETHER THE PETITION SHOULD BE GRANTED. ' 3. THE COURT SHALL GRANT THE PETITION UNLESS THE PROSECUTING AGENCY ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE PETITIONER IS NOT ELIGIBLE FOR EXPUNGEMENT, 4. THE COURT SHALL ISSUE A SIGNED ORDER OR MINUTE ENTRY GRANTING OR DENYING THE PETITION IN WHICH IT MAKES FINDINGS OF FACT AND CONCLUSIONS OF LAW. Fi C. IF THE COURT GRANTS A PETITION FOR EXPUNGEMENT; I 1. THE SIGNED ORDER OR MINUTE ENTRY REQUIRED PURSUANT TO SUBSECTION B,PARAGRAPH 4 i OF THIS SECTION SHALL DO ALL OF THE FOLLOWING: ( (a) IF THE PETITIONER WAS ADJUDICATED OR CONVICTED OF AN OFFENSE SET FORTH IN SUBSECTION A OF THIS SECTION,VACATE THE JUDGMENT OF ADJUDICATION OR CONVICTION. (b) STATE THAT IT EXPUNGES ANY RECORD OF THE PETITIONER'S ARREST,CHARGE,CONVICTION, ADJUDICATION AND SENTENCE. (c) IF THE PETITIONER WAS CONVICTED OR ADJUDICATED OF AN OFFENSE SET FORTH IN SUBSECTION A OF THIS SECTION,STATE THAT THE PETITIONER'S CIVIL RIGHTS,INCLUDING THE RIGHT TO POSSESS FIREARMS,ARE RESTORED,UNLESS THE PETITIONER IS OTHERWISE NOT ELIGIBLE FOR THE RESTORATION OF CIVIL RIGHTS ON GROUNDS OTHER THAN A CONVICTION FOR AN OFFENSE SET FORTH IN SUBSECTION A OF THIS SECTION. (d) REQUIRE THE CLERK OF THE COURT TO NOTIFY THE DEPARTMENT OF PUBLIC SAFETY,THE PROSECUTING AGENCY AND THE ARRESTING LAW ENFORCEMENT AGENCY,IF APPLICABLE,OF THE EXPUNGEMENT ORDER. I (e) REQUIRE THE CLERK OF THE COURT TO SEAL ALL RECORDS RELATING TO THE EXPUNGED ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE AND ALLOW THE RECORDS TO BE ACCESSED ONLY BY THE INDIVIDUAL WHOSE RECORD WAS EXPUNGED OR THE INDIVIDUAL'S ATTORNEY. 2, THE DEPARTMENT OF PUBLIC SAFETY SHALL SEAL AND SEPARATE THE EXPUNGED RECORD FROM ITS RECORDS AND INFORM ALL APPROPRIATE STATE AND FEDERAL LAW ENFORCEMENT AGENCIES OF THE EXPUNGEh1ENT.UNLESS THE PETITIONER IS INDIGENT,THE DEPARTMENT OF PUBLIC SAFE-IY MAY CHARGE THE SUCCESSFUL PETITIONER A REASONABLE FEE DETERMINED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO RESEARCH AND CORRECT THE PETITIONER'S CRIMINAL HISTORY RECORD. 3, 3. THE ARRESTING AND PROSECUTING AGENCIES SHALL CLEARLY IDENTIFY IN EACH AGENCY'S 6 FILES AND ELECTRONIC RECORDS THAT THE PETITIONER'S ARREST,CHARGE,CONVICTION,ADJUDICATION AND SENTENCE ARE EXPUNGED AND SHALL NOT MAKE ANY RECORDS OF THE EXPUNGED ARREST,CHARGE, CONVICTION,ADJUDICATION OR SENTENCE AVAILABLE AS A PUBLIC RECORD TO ANY PERSON EXCEPT TO THE INDIVIDUAL WHOSE RECORD WAS EXPUNGED OR THAT INDIVIDUAL'S ATTORNEY, D. AN ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE THAT IS EXPUNGED PURSUANT TO THIS SECTION MAY NOT BE USED IN A SUBSEQUENT PROSECUTION BY A PROSECUTING AGENCY OR COURT FOR ANY PURPOSE. E. AN INDIVIDUAL WHOSE RECORD OF ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE IS EXPUNGED PURSUANT TO THIS SECTION MAY STATE THAT T711E INDIVIDUAL HAS NEVER BEEN ARRESTED FOR,CHARGED WITH,ADJUDICATED OR CONVICTED OF,OR SENTENCED FOR THE CRIME THAT IS THE SUBJECT OF THE EXPUNGEI>IENT. F. IF THE COURT DENIES A PETITION FOR EXPUNGEMENT,THE PETITIONER MAY FILE A DIRECT APPEAL PURSUANT TO SECTION 13-4033,SUBSECTION A,PARAGRAPH 3. G. ON MOTION,THE COURT SHALL DISMISS WITH PREJUDICE ANY PENDING COMPLAINT, INFORMATION OR INDICTMENT BASED ON ANY OFFENSE SET FORTH IN SUBSECTION A OF THIS SECTION,TO ' INCLUDE CHARGES OR ALLEGATIONS BASED ON OR ARISING OUT OF CONDUCT OCCURRING BEFORE THE EFFECTIVE DATE OF THIS CHAPTER. THE INDIVIDUAL CHARGED MAY THEREAFTER PETITION THE COURT TO t Page 13 of 17 SEP 2 6 2019 ARIZONA SECRETARY OF STATE EXPUNGE RECORDS OF THE ARREST AND CHARGE OR ALLEGATION AS PROVIDED IN THIS SECTION. A MOTION BROUGHT PURSUANT TO THIS SUBSECTION MAY BE FILED WITH THE COURT BEFORE JULY 12,2021. H. THE SUPREME COURT MAY ADOPT RULES NECESSARY TO IMPLEIhiENT THIS SECTION,AND MAY ALSO SPONSOR PUBLIC SERVICE ANNOUNCEMENTS OR OTHER NOTIFICATIONS INTENDED TO PROVIDE NOTICE TO INDIVIDUALS WHO MAY BE ELIGIBLE TO FILE PETITIONS FOR EXPUNGEMENT PURSUANT TO THIS SECTION. 1. A PROSECUTING AGENCY MAY FILE A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION ON BEHALF OF ANY INDIVIDUAL WHO WAS PROSECUTED BY THAT PROSECUTING AGENCY,AND THE ATTORNEY GENERAL MAY FILE A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION ON BEHALF OF ANY INDIVIDUAI-. 36-2863.Justice reinvestment fund;exemption;distnbulion:dcfinition A. T14F JUSTICE REINVESTMENT FUND IS ESTABLISHED CONSISTING OF ALL MONIES DEPOSITED PURSUANT TO SECTION 36-2856 AND INTEREST EARNED ON THOSE MONIES. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. MONIES IN THE FUND AND ITS ACCOUNTS MAY NOT BE TRANSFERRED TO ANY OTHER FUND EXCEPT AS PROVIDED IN THIS SECTION,DO NOT REVERT TO THE STATE GENERAL FUND,AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO THE LAPSING OF APPROPRIATIONS.THE STATE TREASURER SHALL ADMINISTER THE FUND. B. ALL MONIES IN THE JUSTICE REINVESTMENT FUND MUST FIRST BE SPENT,AND THE STATE TREASURER SHALL TRANSFER MONIES FROM THE FUND,TO PAY. 1. TIE REASONABLE COSTS INCURRED BY THE STATE TREASURER TO ADMINISTER THE FUND 2. THE REASONABLE ADMINISTRATIVE COSTS INCURRED BY THE DEPARTMENT TO CARRY OUT ITS DUTIES PURSUANT TO THIS SECTION. C. ON OR BEFORE JUNE 30 AND DECEMBER 31 OF EACH YEAR,THE STATE TREASURER SIIALL TRANSFER ALL MONIES IN THE JUSTICE REINVESTMENT FUND IN EXCESS OF THE AMOUNTS PAID PURSUANT TO SUBSECTION B OF THIS SECTION AS FOLLOWS- 1. THIRTY-FIVE PERCENT TO COUNTY PUBLIC IMALTH DEPARTMENTS,IN PROPORTION TO THE POPULATION OF EACH COUNTY ACCORDING TO THE MOST RECENT UNITED STATES DECENNIAL CENSUS,FOR THE PURPOSE OF PROVIDING JUSTICE REINVESTMENT PROGRAMS OR DISTRIBUTING GRANTS TO QUALIFIED NONPROFIT ORGANIZATIONS TO PROVIDE JUSTICE REINVESTMENT PROGRAMS IN THAT COUNTY. 2. THIRTY-FIVE PERCENT TO THE DEPARTMENT FOR THE PURPOSE OF DISTRIBUTING GRANTS TO QUALIFIED NONPROFIT ORGANIZATIONS THAT PROVIDE JUSTICE REINVESTMENT PROGRAMS IN THIS STATE. 3. THIRTY PERCENT TO THE DEPARTMENT FOR THE PURPOSE OF ADDRESSING IMPORTANT PUBLIC HEALTH ISSUES THAT AFFECT THIS STATE. D. GRANTS MADE PURSUANT TO THIS SECTION ARE EXEMPT FROM TITLE 41,CHAPTER 23,AND EACH GRANTEE SHALL PROVIDE THE GRANTING AGENCY WITH AN ANNUAL REPORT DETAILING THE USE OF GRANTED MONIES. E. MONIES TRANSFERRED AND RECEIVED PURSUANT TO SUBSECTION C OF THIS SECTION ARE NOT CONSIDERED LOCAL REVENUES FOR THE PURPOSES OF ARTICLE IX,SECTION 20,CONSTITUTION OF ARIZONA. F. THE STATE TREASURER MAY PRESCRIBE FORMS NECESSARY TO MAKE TRANSFERS PURSUANT TO SUBSECTION B OF THIS SECTION. G. FOR THE PURPOSES OF THIS SECTION,"JUSTICE REINVESTMENT PROGRAMS"MEANS INITIATIVES OR PROGRAMS THAT FOCUS ON ANY OF THE FOLLOWING: I. PUBLIC AND BEHAVIORAL HEALTH,INCLUDING EVIDENCE-BASED AND EVIDENCE-rNTORMED SUBSTANCE USE PREVENTION AND'I'REATN=AND SUBSTANCE USE EARLY INTERVENTION SERVICES. 2. RESTORATIVE JUSTICE,JAIL DIVERSION,WORKFORCE DEVELOPMENT,INDUSTRY-SPECIFIC TECHNICAL ASSISTANCE OR MENTORQNG SERVICES FOR ECONONUCALLY DISADVANTAGED PERSONS IN COMMUNITIES DISPROPORTIONATELY IMPACTED BY HIGH RATES OF ARREST AND INCARCERATION. 3. ADDRESSING THE UNDERLYING CAUSES OF CRIh4E,REDUCING DRUG-RELATED ARRESTS AND REDUCING THE PRISON POPULATION IN THIS STATE. 4. CREATING OR DEVELOPING TECHNOLOGY AND PROGRAMS TO ASSIST WMJ THE RESTORATION OF CIVIL RIGHTS AND THE EXPUNGEMENT OF CRIMINAL RECORDS. 36-2864.Transaction privilcgc tax;use tax;addition al taxes prohibitcd:exception A. FOR PURPOSES OF THE TRANSACTJON PRIVILEGE TAX AND USE TAX LEVIED AND COLLECTED PURSUANT TO TITLE 42,CHAPTERS 5 AND 6,MARIJUANA AND MARIJUANA PRODUCTS ARE TANGIBLE PERSONAL PROPERTY DEFINED IN SECTION 42-5001 AND ARE SUBJECT TO THE TRANSACTION PRIVILEGE TAX IN THE RETAIL CLASSIFICATION AND USE TAX. B. EXCEPT AS PROVIDED IN SUBSECTION A OF THIS SECTION AND SECTION 42-5452,THIS STATE AND LOCALITIES MAY NOT LEVY OR COLLECT ADDITIONAL TAXES OF ANY KIND ON THE SALE OF MARIJUANA OR MARIJUANA PRODUCTS AND MAY NOT LEVY OR COLLECT ANY FEES OR ASSESSMENTS OF ANY KIND ON THE Page 14 of 17 SALE OF MARIJUANA OR MARIJUANA PRODUCTS OR ON THE LICENSING,OPERATIONS OR ACTIVITIES OF MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,UNLESS THE FEE OR ASSESSMENT IS OF GENERAL APPLICABILITY TO INDIVIDUALS OR BUSINESSES THAT ARE NOT ENGAGED IN TI SAL E OF MARIJUANA OR MARIJUANA PRODUCTS. C. THE PROHIBITION IMPOSED BY SUBSECTION B OF THIS SECTION DOES NOT APPLY TO UNIFORM INCREASES TO THE TRANSACTION PRIVILEGE TAX RATE FOR THE RETAIL CLASSIFICATION OR USE TAX RATE BY TOS STATE OR A LOCALITY OR TO UNIFORM INCREASES TO FEES OR ASSESSMENTS SUBSECTION B OF THIS SECTION, ALLOWED BY 36-2865.Enf2rcernent of this cha t r•cnccial action A. IF THE DEPARTMENT FAILS TO ADOPT RULES NECESSARY TO IMPLEMENT THIS CHAPTER ON OR BEFORE JUNE 1,2021,OR FAILS TO BEGIN ACCEPTING APPLICATIONS AS PROVIDED IN SECTION 36-2854, SUBSECTION A,PARAGRAPH 1,SUBDIVISION(d),ANY CITIZEN MAY COMMENCE A SPECIAL ACTION IN SUPERIOR COURT TO COMPEL THE DEPARTMENT TO PERFORM THE.ACTIONS MANDATED UNDER 71US CHAPTER. B IF THE DEPARTMENT'FAILS TO ISSUE A LICENSE OR SEND A NOTICE OF DENIAL WITHIN SIXTY DAYS AFTER RECEIVING A COMPLETE MARIJUANA ESTABLISI-IMENT APPLICATION PURSUANT TO SECTION 36- 2854,SUBSECTION A,PARAGRAPH 1,SUBDIVISION(d),THE APPLICANT MAY COMMENCE A SPECIAL ACTION IN SUPERIOR COURT TO COMPEL THE DEPARTMENT TO PERFORM THE ACTIONS MANDATED UNDER THIS CHAPTER, C. NOTWITHSTANDING CHAPTER 28,I OF THIS TITLE, IF THE DEPARTMENT FAILS TO ISSUE ANY MARIJUANA ESTABLISHMENT LICENSES PURSUANT TO SECTION 36-2854, SUBSECTION A, PARAGRAPH 1, SUBDIVISION D ON OR BEFORE APRIL 5, 2021, EACH NONPROFIT MEDICAL h1AR17UANA DISPENSARY IN GOOD STANDING MAY BEGIN TO CULTIVATE,PRODUCE,PROCESS,MANUFAC111RE,TRANSPORT AND TEST MAItI1UANA AND MARIJUANA PRODUCTS AND MAY SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS UNTIL THE DEPARTMENT ISSUES LICENSES TO OPERATE MARIJUANA ESTABLISHMENTS MEDICAL MARIJUANA DISPENSARIES IN GOOD STANDING SHALL: . IF THIS OCCURS,NONPROFIT 1. BE TREATED AS MARIJUANA ESTABLISHMENTS FOR ALL PURPOSES UNDER THIS CHAPTER, AND THEM NONPROFIT MEDICAL MARIJUANA ESTABLISHMENT AGENTS SHALL BE TREATED AS MARIJUANA FACILITY AGENTS FOR ALL PURPOSES UNDER TIJIS CHAPTER. 2. COMPLY WITH THE RULES ADOPTED BY THE DEPARTMENT TO IMPLEMENT CHAPTER 28,1 OF THIS TITLE,EXCEPT THOSE THAT ARE INCONSISTENT WITH THIS CHAPTER ecti 5.Title 42,Chapter 5,Arizona Revised Statutes,is amended by adding article 10 to read: to ARTICLE 10. MARIJUANA AND MARIJUANA PRODUCT'S 42-5451. I inns IN THIS ARTICLE,UNLESS THE CONTEXT OTHERWISE REQUIRES: I. "CONSUMER,""DUAL LICENSEE,""MARIJUANA,""NiARIJUANA ESTABLISIIh4ENI—AND "MARIJUANA PRODUCTS"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850. 2. "DESIGNATED CAREGIVER,""NONPROFIT MEDICAL MARIJUANA DISPENSARY"AND "QUALIFYING PATIENT"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2801. 42-5452.LSyy end_rnte of tax:effect of federal mi5e tax A. THERE IS LEVIED AND THE DEPARTMENT SHALL COLLECT AN EXCISE TAX ON ALL MARIJUANA AND MARIJUANA PRODUCTS SOLD TO A CONSUMER BY A MARIJUANA ESTABLISHMENT AT A RATE OF SIXTEEN PERCENT OF THE PRICE OF THE MARIJUANA OR MARIJUANA PRODUCT SOLD. THIS SUBSECTION DOES NOT APPLY TO MARIJUANA DISPENSED TO A REGISTERED QUALIFYING PATIENT OR REGISTERED DESIGNATED CAREGIVER PURSUANT TO TITLE 36,CHAPTER 28.1 BY A DUAL LICENSEE OR NONPROFIT MEDICAL MARIJUANA DISPENSARY. B. IF THE UNITED STATES LEVIES AND COLLECTS AN EXCISE TAX ON MARIJUANA AND MARIJUANA PRODUCTS,THE-AGGREGATE OF FEDERAL AND STATE EXCISE TAXES MAY NOT EXCEED A RATE OF THIRTY PERCENT OF THE PRICE OF THE MARIJUANA OR MARIJUANA PRODUCT SOLD,AND THE TAX LEVIED PURSUANT TO SUBSECTION A OF THIS SECTION SHALL BE LOWERED ACCORDINGLY AND AUTOMATICALLY ON"f EFFECTIVE DATE OF THE FEDERAL EXCISE TAX. HE C. A PRODUCT SUBJECT TO THE TAX IMPOSED BY THIS SECTION MAY NOT BE BUNDLED WITH A PRODUCT OR SERVICE THAT IS NOT SUBJECT TO THE TAX IMPOSED BY THIS SECI'ION, D. THE TAX LEVIED AND COLLECTED PURSUANT TO THIS SECTION SHALL NOT BE INCLUDED IN COMPUTING THE TAX BASE,GROSS PROCEEDS OF SALES OR GROSS INCOME OF A MARIJUANA ESTABLISHMENT Pogo 15 of 17 FOR PURPOSES OF TITLE 42,CHAPTERS 5 AND 6,AND IS NOT SUBJECT TO ANY TRANSACTION PRIVILEGE,SALES, USE OR OTHER SIMILAR TAX LEVIED BY A COUNTY,CITY,TOWN OR SPECIAL TAXING DISTRICT. E. NOTWITHSTANDING SECTION 42-3102,THE DEPARTMENT SHALL DEPOSIT ALL MONIES LEVIED AND COLLECTED PURSUANT TO THIS SECTION IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. 42-5453.Return statemcilt and ppyment by ma •'uana csjablishjnent cnnit inl ICEc nfid ntial 'n aCon A. THE TAX IMPOSED BY TIES IES ARTICLE IS DUE AND PAYABLE,TOGETHER WITH A RETURN STATEMENT PRESCRIBED BY THE DEPARTMENT,FOR EACH MONTH ON OR BEFORE THE TWENT•TI_TII DAY OF THE SUCCEEDING MONTH. B. A MARIJUANA ESTABLISHMENT THAT FAILS TO PAY THE TAX IMPOSED BY THIS ARTICLE- WIIIIIN TEN DAYS AFTER THE DATE THE PAYMENT IS DUE IS SUBJECT TO AND SHALL PAY A PENALTY DETERMINED UNDER SECTION 42-1125,PLUS INTEREST AT THE RATE DETERMINED PURSUANT TO SECTION 42-1123,FROM THE TIME THE TAX WAS DUE AND PAYABLE UNTIL PAID.THE DEPARTMENT MAY WAIVE ANY PENALTY OR INTEREST ff IT DETERMINES THAT THE MARIJUANA ESTABLISHMENT HAS MADE A GOOD FAITH ATTEMPT TO COMPLY WITH THE REQUIREMENTS OF TIES ARTICLE C. THE MONTHLY RETURN STATEMENT PRESCRIBED BY THE DEPARTMENT SHALL INCLUDE AN ACCOUNTING OF THE QUANTITY OF MARIJUANA THAT IS SOLD BY A MARIJUANA ESTABLISHMENT THAT IS SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE DURING THE TAX MONTH. D. ALL PENALTIES AND INTEREST COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. E. THE DEPARTMENT MAY ADOPT RULES THAT ARE NECESSARY OR CONVENIENT TO ENFORCE THIS ARTICLE,EXCEPT THAT THOSE RULES MAY NOT CONFLICT WITH TITLE 36,CHAPTER 28.2. F. THE DEPARTMENT MAY SHARE CONFIDENTIAL INFORMATION AS DEFINED IN SECTION 42-2001 WITH THE DEPARTMENT OF HEALTH SERVICES FOR ITS USE IN DETERMINING WHETHER A MARIJUANA ESTABLISHMENT,MARIJUANA TESTING FACILITY OR DUAL LICENSEE IS IN COMPLIANCE WITH TAX OBLIGATIONS UNDER THIS TITLE OR TITLE 43. section 6. Title 43,Chapter I,article 1,Arizona Revised Statutes,is amended by adding Section 43-108 to read: t tin 43-168.5 raction from eras m incoe,4rdinary and necessary expenses:tr�j�tna cstablishmcnts and mariluann�g facilities•definitions A. NOTWITHSTANDING ANY OTHER LAW, IN COMPUTING ARIZONA ADJUSTED GROSS INCOME OR ARIZONA TAXABLE INCOME FOR A TAXPAYER,ALL ORDINARY AND NECESSARY EXPENSES PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING ON A TRADE OR BUSINESS AS A MARIJUANA ESTABLISHMENT, MARIJUANA TESTING FACILITY, OR DUAL LICENSEE THAT ELECTS TO OPERATE ON A FOR-PROFIT 13ASIS PURSUANT TO TITLE 36,CHAPTER 28.2 SHALL BE SUBTRAC"fLD FROM ARIZONA GROSS INCOb1E TO THE EXTENT NOT ALREADY EXCLUDED FROM ARIZONA GROSS INCOME, B. FOR THE PURPOSES OF TIIIS SECTION, "DUAL LICENSEE." "MARIJUANA ESTABLISHMENT," AND "MARIJUANA TESTING FACILITY"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850. Section 7. Voter Protection Act For the purposes of the Voter Protection Act,Ariz.Const.art.IV,pt. 1,§ 1(6)(C),the People of llte State of Arizona declare that the following acts of the Legislature would flrrther the purpose of this act: I. Enacting a per sc law for the presumption of marijuana impairment based on the concentration of delta-9 tetrahydrocannabinol in a person's body when scientific research on the subject is conclusive and the National Highway Traffic Safety Administration recommends the adoption of such a law. 2. Reducing or eliminating any offense,offense level or penalty provided for in this act. 3. Increasing the amount of marijuana thnt a person may lawfully possess. 4. Amending the provisions of this act to align more closely with federal laws and regulations if marijuana is legalized er decriminalized by the federal government,but only if and to the extent that such federal laws and regulations are not more restrictive than the provisions of this act. 5. Amending the provisions of this act to align more closely with federal laws and regulations govcmiug the possession,processing,cultivation,transport,or transfer of industrial hemp,but only if and to the extent that such federal laws and regulations are not more restrictive than the provisions of this act. 6. Increasing the number of marijuana establishment licenses by up to 10 percent in furtherance of the social equity ownership program established by this act. 7. Facilitating the expungement and sealing of records of arrests,charges,convictions,adjudications and sentences that were predicated on conduct made lawful by this act,including by automatic means,and otherwise preventing or mitigating prejudice to individuals whose arrests,charges,convictions,adjudications or sentences arc expunged. FE 0 ! Page 16 of 17 SEP 2 6 2019 ARIZONA SECRETARY OF STATE i Amending the definition of"smoking"in this act to conform with the Smoke-Free Arizona Act if that act is amended to include the use of an electronic smoking device that creates an aerosol or vapor. ScctIon 8. Exemption from rulcmaking f" For the purposes of this act,and for sixty months aRer the effective date of this act,the department of revenue and the department of health services are exempt from(a)any executive order or other directive purporting to limit or restrict their ability to adopt new rules,and(b)the rulemaking requirements of tide 41,chaptc�5 6 and 6.1,Arizona Revised Statutes,except that e c department shall provide the public with a reasonable opportunity to comment on proposed rules and shall publish otherwise exempted a h rules. i� Sectl01,9. Severability If any provision of this act or its application to any person or circumstance is declared invalid by a court of competent jurisdiction,such invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application. The invalidated provision or provisions shall be deemed reformed to the extent necessary to conform to 1 applicable law and to give the maximum effect to the intent of this act and,to the fullest extent( including each portion of any section of this act containing any invalidated provision that is not pt el bilnvalidpons shall the consthrued is so as jto give effect to the intent thereof. !t i MMg Y OF STATE Page 17 of 17 CITY OF APACHE JUNCTION MEDICAL MARIJUANA REGULATIONS AMENDED ON 3-7-17 (ORDINANCE NO. 1444) 1-6-12 MEDICAL MARIJUANA A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. B. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for definitions and statutes pertaining to medical marijuana.) C. Allowed Zoning Districts. 1) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B- 2, B-4 and B-S zoning districts. 2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. 3)An existing medical marijuana facility that has received a conditional use permit approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in an enclosed locked facility, such as a permanent secure building and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or Infusion facilities shall include all the information required on the CUP application form and the following supplemental information: 1. Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. 2. A copy of the preliminary approval from the State Department of Health Services ("DNS"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from DHS, as well as a copy of said final approval document. 3. Application and all applicable fees paid as required by Apache Junction City Code Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. 4. A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. F. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: 1. Required Spacing Requirements: a. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. b. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution, library, public park, commercial-zoned day care facility, free-standing church, or drug and/or alcohol rehabilitation center, as measured from nearest building wall of the business to the nearest building wall of the protected use. 2. Operating Requirements: a. Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b. Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c. A medical marijuana facility shall submit a security plan containing the following information: i) Proof that any cultivation and storage of medical marijuana will take place in an "enclosed, locked facility" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii) A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii) Additional protections, if any, against medical marijuana diversion and theft. iv) Provide and update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d. On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. e. Dispensaries selling marijuana related products such as pipes, water pipes, rolling paper, screens, vaporizers, mills, concealing devices, etc., shall be restricted to selling only to patients displaying the required Arizona Department of Health Services medical marijuana card and to be used only in conjunction with a physician's certification or recommendation. Cookbooks and educational materials are excepted from this provision. f. The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g. Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior Signage. 3. Other Conditions.The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a. Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b. The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c. Hours of operation will be addressed through the CUP process. 4. Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 5. Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. Direction to Staff RE : Voter Approval of Smart and Safe Arizona Act ( Recreational Marijuana ) City of Apache Junction City Council Direction to Staff Item Nov. 30, 2020 WS & Dec. 1,, 2020 DtS Background On November 3, 2020, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative. . . . . . -"'relating to the responsible adult use, regulation and taxation of marijuana", (also referred to as the "recreational marijuana act" ) . The act declares that in the interest of public health and safety, the legal adult use of marijuana should be regulated so that : • Legitimate, taxpaying business people, and not criminal actors, conduct sales of marijuana; • Marijuana sold in this state is tested, labeled and subject to additional regulations to ensure that consumers are informed and protected; Background ( cont . ) • Employers retain their rights to maintain drug and alcohol free places of employment; • The health and safety of employees in the marijuana industry are protected; • Individuals must show proof of age before purchasing marijuana; • Selling, transferring or providing marijuana to minors and other individuals under the age of 21 remains illegal; • Driving, flying or boating while impaired to the slightest degree by marijuana remains illegal . Newly Defined Uses : A marijuana establishment includes : • a retail establishment at which the sale of marijuana and marijuana products is conducted, along with the possible cultivation and manufacture of marijuana products; • an off-site location where marijuana is cultivated, processed and products are made, but which does not conduct sales to consumers; • an off-site location at which marijuana products are manufactured, packaged and stored, but which does not conduct sales to consumers. Newly Defined Uses ( cont . ) • A marijuana testing facility includes ADHS facilities or facilities operated by another licensed entity to analyze the potency of, and test the marijuana for, harmful contaminants. The act does not : • change the medical marijuana laws, except that a licensed medical marijuana dispensary may also apply to offer recreational marijuana products to consumers over 21 years of age ( referred to as being a "dual licensee" ); • allow smoking in public or open spaces; • allow persons to operate motor vehicles, boats or fly aircraft under the influence . The act does : • impose a sales tax of 16% on recreational marijuana products; • allow people to consume marijuana products in private places, carry small quantities of marijuana and/or marijuana products and paraphernalia; • allow a person over the age of 21 to securely cultivate up to 6 plants in their own private residence ( no more than 12 plants if two or more persons over the age of 21 reside together); • set penalties for violators . City's Optionsfor Regulation — A City May : • Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas; • Limit the number of marijuana establishments or marijuana testing facilities, or both; • Prohibit marijuana establishments or marijuana testing facilities, or both; • Regulate the time, place and manner of marijuana establishment and marijuana testing facility operations; • Establish reasonable restrictions on public signage regarding marijuana, marijuana establishments and marijuana testing facilities; • Prohibit or restrict delivery within its jurisdiction . City's Options for Regulation — A City May Not : Enact any ordinance, regulation or rule that: • Is more restrictive than a comparable ordinance, regulation or rule that applies to non-profit medical marijuana dispensaries; • Makes the operation of a marijuana establishment or marijuana testing facility unduly burdensome if the locality has not prohibited marijuana establishments or marijuana testing facilities; • Conflicts with state law or rules adopted pursuant to state law; • Prohibits the transportation of marijuana by a marijuana establishment or marijuana testing facility on public roads; City's Optionsfor Regulation — A City May Not : ... ...enact a rule that: • Restricts or interferes with the ability of a dual licensee or an entity eligible to become a dual licensee to operate a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively at shared locations; • Except as expressly authorized by state law (Section 36-2851), prohibits or restricts any conduct or transaction allowed by this chapter, or imposes any liability or penalty in addition to that prescribed by this chapter for any conduct or transaction constituting a violation of this chapter. Sampling of what other cities are doing : ME & MTF ME Prohibited ex- MTF Prohibited Prohibition cept dual licensee • Gilbert: X X • Fountain Hills: X X • Payson X X • Sahuarita : X X • Tolleson : X X • Wickenburg: X • Queen Creek: X (ME = Marijuana Establishment; MTF = Marijuana Testing Facility) Possible Directions to Staff: • ALLOW EXISTING DISPENSARIES TO BECOME DUAL LICENSEES: - Require CUP amendment process; - Operate under the same rules as existing dispensaries; - Allow rec-mar sales too, but no cultivation or processing; - Allow med-mar to convert to rec-mar though CUP amendment; - AJ code still allows for med-mar cultivation & infusion kitchens; • TAKE NO ACTION : - ME would be treated like retail or liquor stores in 6-1, B2, B-3 zones; - MTF would be treated like light industrial uses in B-4, B-5 zones; - ME & MTF would be subject to states' minimum requirements; Possible Directions to Staff ( cont. ) : • PROHIBIT ANY NEW FREE-STANDING ME OR MTF USES IN CITY: - It is possible that in the future a new med-mar facility could apply for a CUP, which could lead to another dual licensee; • ALLOW ME OR MTF USES IN SIMILAR MANNER AS MED-MAR : - Through the CUP process; - In specific zoning districts; - With regulations on signage, delivery, hours of operation, separ- ations, limit on # of establishments, odor control, security, etc.; Possible Directions to Staff (cont. ) : • ALLOW ME & MTF OUTRIGHT IN SPECIFIC ZONING DISTRICTS: - With states' minimum regs., including odor control, security, etc.; - Subject to city's normal commercial development requirements; • OTHER??? Final Comments : • Staff report also contains a model ordinance drafted by the League of Cities and Towns for the possible regulation of marijuana establishments and marijuana testing facilities. • AJ presently has two licensed dispensaries which could apply to be dual licensees. Questions/direction to staff*?. 0 .- ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 18. Piz File ID: 20-616 Sponsor: Bryant Powell Agenda Date: 12/1/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, December 14 and Tuesday December 15, 2020 be held in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026