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2021 09.07 City Council Regular Agenda
City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,September 7,2021 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. 21-417 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1-418 Consideration of approval of minutes of the regular meeting of August 17th, 2021. Sponsors: Jennifer Pena Attachments: 08-17-2021 3. 21-435 Consideration of approval of Award of Contract to Cactus Asphalt for the crack sealing of select city streets; this project was presented and discussed as part of the Fiscal Year 2022 CIP & Street Maintenance Plan at the July 6, 2021 city council meeting. Work is planned for October/November, 2021 and would be through the Pinal County cooperative job order Contract No. 175923 in the amount of $194,168.37, plus a 10% contingency for unforeseen change orders in the amount of$19,416.83, for a total project cost not to exceed $213,585.20. Sponsors_: Shane Kiesow Attachments: City Council Memo-Project SST21-18 Award SST21-18 Agreement-Cactus City of Apache Junction,Arizona Page 1 Printed on 91112021 City Council Meeting Agenda September 7,2021 4^ 21-436 Consideration nf Resolution No. 21-35on the second amendment tn an Intergovernmental Agreement with Pina| County defining responsibilities of each party for the road maintenance ofSuperstition Mountain Drive, South Mountain View Road and Southern Avenue. Sponsors: GhaneKimomw Attachments: Resolution No 21-35 5. 21-438 Consideration of Resolution No. 21-37 authorizing the submission of application ho the Gila River Indian Community for five mobile radios. Sponsors: Thomas Kelly Attachments: 6. 21-440� Consideration nf Resolution No. 21-38, o resolution nf the Mayor and City Council nf the City of Apache Junction, Arizona, declaring aoa public record and amending a certain document filed with the City Clerk entitled "City of Apache Junction Classification Plan for Fiscal Year 2021-2022"to amend the position of Principal Engineer. Sonu,mz: LerryKinoh Attachments: QLftKCouncil Memorandum Principal Enqineer9-7-2021 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. 7~ 21-383 Presentation of25-yoar Service Award to Stephanie Greene, ofthe Apache Junction Library. Sponsors: Pamela Harrison 8. Presentation of proclamation designating September 17th - 23nd as Constitution Week. Sponsors. Chip Wilson Attachments: 9. Presentation of proclamation recognizing September 1st as Second Responders Day. Sponsors. Chip Wilson Attachments: Second Responders Day 9-1 F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. City vr Apache Junction,Arizona Page Printed ooav12ox/ City Council Meeting Agenda September 7,2021 10. 21-419 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson 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. 11. 21-420 City Manager's Report. Sponsors: Bryant Powell 12. 21-423 Presentation and update from Genesis Project. Attachments: Genesis Proiect Powercoint 13. 21- 21 Announcement of current events. 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. 1. 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. 14. 21-416 Presentation, discussion and consideration of entering into an agreement with Advanced Chemical Transport, Inc for the November 2021 and March 2022 household hazardous waste events in the amount of$80,000. Sponsors: Heather Hodgman Attachments: City Council Memo-Household Hazardous Waste 2021 HEATHER-HHW 2021-2022 Events HHW Agreement-1 City of Apache Junction,Arizona Page 3 Printed on 91112021 City Council Meeting Agenda September 7,2021 15. 21-439 Discussion on amendments to the Apache Junction City Code, Volume 1, Chapter 5, Municipal Court. Sponsors: Aaron LaSota Attachments: Memo to Staff PM Chapter 5 Memo to Staff CA Chapter 5 Ch 5 Judicial Assistant Draft 09072021 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 16. 21-422 Executive Session at 6:00 P.M. for Monday, September 20th and Executive Session at 6:00 P.M. for Tuesday, September 21st in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena 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 4 Printed on 91112021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-417 Sponsor:Jennifer Pena Agenda Date:9/7/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-418 Sponsor:Jennifer Pena Agenda Date:9/7/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of August 17th, 2021. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,August 17,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:15 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Evans led the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel Councilmember Schroeder participated by phone. City 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 Liz Langenbauch, Parks and Recreation Director Riley King, Parks and Recreation Management Analyst Rudy Esquivias, Planning Manager/Zoning Administrator Nick Leftwich, Associate Planner D. CONSENT AGENDA 1. 21-409 Consideration of acceptance of agenda. 2. 1-410 Consideration of approval of minutes of the regular meeting of August 3rd, 2021. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes August 17.2V21 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 3' 21-411 Brief summary of intergovernmental updates from mayor and onunoi|membero. Councilmember Biggs announced the Pinal Partnership meeting on Friday, August 20th that will ba held in Casa Grande and the topic will be"Where io the VVuher' Mayor Wilson provided an update and video on the raising and setting of the new air traffic control tower at Phoenix-Mesa Gateway airport. G. CITY MANAGER'S REPORT 4` 2. -41C2 City Manager's Report. City Manager Bryant Powell announced the city's board and commission application process is open for anyone wishing to apply and serve on one and the submittal deadline is September 15, 2021. He presented the American Planning Association award the city recently received. Apache Junction was recognized for its 2020-2050 General Plan update. The General Plan was produced entirely in house with nn outside consultant required. 5, 21-41[3 Announcement of current events. Al Bravo, Chief Information Officer provided an update on the following: The Founders Centennial Celebration begins on January 8, 2022. The committee would like to thank those who have helped sponsor the celebration, this included: Republic Services, AJ| Sporting Goods, Ted and Kal|yGnamme|. Braden Biggs, Aaron yWoDarmid (State Farm). Greg Davis, the Superstition Mountain Community Facilities District and City of Apache Junction. October 3rd is the"Give Cancer the Boot"fashion show fundraiser at Robert Horne Ford. The event will be at8:00 pm at the car lot located at 3400 S. Tomahawk. VFW Post 7068. in playing host to a "meet and gneet" event to get to know your local elected officials. Representatives from the city, county, oohou| diatriot, fire district and community college district are slated to attend. It will be at 5:00 pm on Wednesday, Sept. 15. County Junction |dn| continues at Taradidd|es on Sundays. There will beo0/11 Anniversary Dedication on Saturday, September 11th. The dedication will be a monument marking the 20th anniversary will be held at the Veterans Memorial Gazebo. The event will be at8:48 a.m. The seed library, started by Eagle Scout Lloyd Stenglein at the Apache Junction library, will be ready on Soptomber7th. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes August 17,2021 Residents interested in this can read about it on the city's home page, apachejunctionaz.gov. There will be a blood drive at the library on Thursday, September 2nd. There are spots available between 10 am and 2 pm. H. PUBLIC HEARINGS Mayor Wilson then moved Item 11, presentation of Parks and Recreation Fees to be next on the agenda. 6. 21-335 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-30, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the city clerk and entitled "August 2021 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations and § 1-5-4 Non-Residential Bulk Regulations"; repealing any conflicting provisions; and providing for severability. continued Nicholas Leftwich, city planner provided background on the changes and updates to the "document". The only comment received during the public meetings that were held was from the owners of Bela Flor. BACKGROUND The Planning and Zoning Commission met for a public hearing for Text Amendment Case AM-1-21 on July 21, 2021. The Planning and Zoning Commission unanimously recommended approval of the text amendment in a vote of 7-0. On August 2, 2021, City Council held a work session for the presentation and discussion of the proposed amendments to Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations. Additional revisions of the proposed amendments were requested by the City Council and are reflected in the document"August 2021 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations and § 1-5-4 Non-Residential Bulk Regulations". August 2, 2021 City Council Public Hearing: Resolution No. 21-30 adopts the document"August 2021 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations and § 1-5-4 Non-Residential Bulk Regulations" as public record. Ordinance No. 1508 amends the code through the process of repealing the current sections and replacing them with the amended version, adopting by reference the document made public record through Resolution No. 21-30. Mayor opened the public hearing: Reese Anderson, attorney with law office of Pew and Lake. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes August 17.2V21 He introduced Karl Huioh. owner nfBela Hoc K4c Huinh recapped the letter he had sent which provided the following suggestions on use regulations. ° Motor Vehicle Dealers. VVe suggest that the City allow new motor vehicle dealers ina showroom environment with e maximum sq.footage of7.00Osq. ft. Doing so would allow new auto dealers the opportunity to showcase their products without the traditional space necessary. Aavve shared onMonday, Fashion |a|nnd in Newport Beach actually has four(4)of these types of uses, Lexus. Lincoln, Lucid and Teo|m all within that project. We also just learned that Scottsdale Fashion Square has a new Lucid showroom within that project. These uses are becoming more common in retail environments, though unheard of just a few years ago. ° General Auto Repair. VVe suggest allowing general auto repair, subject boa CUP, which will allow staff and the decision-making body, the opportunity to ensure that the design, architecture, and location are appropriate and in keeping with the vision of the plan. Obviously, bay doors should be in the back and cars should not be left over night, These uses bring significant retail customers who can patron other sites while their vehicle is being repaired. If built with good design, this can bea positive use. ~ Car Washes. For similar reasons, we suggest allowing car washes subject to a CUP. The newer, modern tunnel car washes are attnax1ive, in high demand and bring a large number of people tothe area. The location should be near the higher traffic road frontage for obvious reasons. ° Automotive Parts. We can easily envision an/\utoZVne or{)^F<ei||y's within the B-3 area but would suggest that this use be allowed subject tou CUP for the same reasons stated above. There should not be work done by the company or patrons onaite. ° Appliance Sales & Parts. For similar reasons noted above, we suggest that m CUP be used for this use. VVe envision small scale appliance stores or computer stores that would fit well into the overall vision for this area. Look at GVder Electronics in the Heritage District ofGilbert, which can be verified by following this link tVthe Heritage District map: ° Building Materials, As existing today ' them* is hardware store nnApache Tnai|, which we think is on acceptable use to support the residential uses that are planned for the area. VVe suggest that m CUP process would bemgood approach to allow this type of use, Within the Gilbert Heritage District, is Arizona Hardwood Flooring Supply, which would bea great use inApache Junction. ° Nurseries & Greenhouses. The use ofa CUP ioappropriate for nurseries and greenhouses. Within the Gilbert Heritage District there is C&Ys Antiques and Garden. See Gilbert Heritage 0oLrioL Map, link above, ~ Antique Stores. The Gilbert Heritage District also has several antique stores. Accordingly, for similar reasons noted above, we think m CUP iaagood method to ensure the location, size, and design of this type ofuse. See Gilbert Heritage District Map, link above. ° Printing Shops. In our minds, vve are thinking of smaller stores like KinkomVr other similar stores that could be allowed with a CUP, limited to under 7,000 sq. 8. City Council Meeting Meeting Minutes August 17.2V21 ° Personal and Household Goods Repair. VVe can easily see smaller stores allowed with a CUP, that would cater tu the repair uf cell phones (such oean Apple Store orVehzonstore), which would draw significant traffic to the area for residents both far and near. ~ Physician Offices. We note that footnote 6 says that these uses are allowed when not stand alone. Our suggestion is to slightly modify this to say that they are allowed, but CUP is required when they are stand alone. This will provide appropriate flexibility and control over these uses for many of the reasons noted above. ° Distribution Centers. We suggest that a small-scale distribution centers should been acceptable use with the issuance ofe CUP, subject ioe maximum size of7.00D sq. ft. Examples of these uses one like the store West Elm where one cannot buy most of what's in their stores unless itia ordered online. Perhaps this use fits under a more traditional retail use, but wanted to share this thought with you. He thanked council for their time in hearing the suggested modifications. Donna Carr, City of Apache Junction resident. Stated businesses need to look more modern and up-to-date rather than looking old and in need of significant modifications she liked Mr. Huish'snuggestinns. Jeff Barlett, 108 N Meridian Or., stated he had a different opinion. The agenda listed several public hearings and it looked like a lot of earmarks and regulations. He does not believe businesses should ba required to apply for a conditional use permit. There were several comments from council and inquired as to staffs thoughts on the suggestions from Mr. Huiah. Lorry Kiroh, Development Services Director stated some of the suggestions may not need o CUP. He would need to go back and verify the requirements on the various suggested changes Mr. Huiohpneoetned. He proposed staff review the uses and see which use types could be allowed without a CUP. The city code says the planning commission needs to conduct a finding of facts. |f those are met, then they are approved. If the city wants to us the CUP as a tool for the B3 zoned area, then they should consider what those uses would be. Councilmember Evans moved, seconded by Vice Mayor Rizzi to continue items 21-385 and 21-386 to the September 20th work session and the public hearing be continued to September 21ot 7' 21-386 Presentation, discussion, public hearing and consideration ofproposed Ordinance No. 1508. an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume \|. Land Development Code, Chapter 1:-Zoning Ordinance, by repealing and replacing portions nf Article 1-5: Zoning Bulk and Use Regulations; and by adopting by reference that certain document entitled "August 2021 Amendments ho the Apache Junction City Code, Volume ||. Land Development Code, Chapter 1:-Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations,§ 1-5-3 Non-Residential Use Regulations and § 1-G-4 Non-Residential Bulk Regulations"; repealing any conflicting provisions; City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes August 17,2021 providing for severability; and providing for penalties. continued 8. 21-387 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1509, an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, by amending Article 1-5: Zoning Bulk and Use Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; by repealing and replacing Article 1-6: Supplemental Regulations, § 1-6-5: Accessory Structures; by repealing Article 1-6: Supplemental Regulations, § 1-6-8: Cargo Containers in its entirety; by repealing, Article 1-17: Definitions relative to the term "Cargo Container"and replacing it with "Overseas Shipping Container;" by adopting by reference that certain document filed with the City Clerk and entitled "August 2021 Amendments to the Apache Junction City Code, Volume 11, Zoning Ordinance, Article 1-5: Zoning Bulk and Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; Article 1-6: Supplement Regulations, § 1-6-5: Accessory Structures; 1-6-8: Cargo Containers, Article 1-17: Definitions"; repealing any conflicting provisions; providing for severability; and providing for penalties. approved as amended The Mayor read the titles for Items 8, 9 and 10, Ordinance 1509, 1510 and Resolution 21-31. Larry Kirch, Development Services Director started with Item No. 10. He stated in order to move forward with the rest of the items, this needed to repeal section 9-1-5 which became redundant when they updated another section of code. Ordinance 1509 has several positive changes. He stated the city of Mesa, Queen Creek and Pinal County do not allow cargo containers on small lots. These are the decisions that will have a significant impact on the city's future development. He suggested leaving the zoning as RSGR. Council then held discussion on the size of the cargo containers and whether the size of the container should be based on a percentage of the lot. Mr. Kirch stated they did base the size of the container related to the size of the lot. Clarification of what a non-FEMA wash was vs. many of the"washes" residents have on their property and how that correlates to any existing structures they may have as it relates to this ordinance. Mr. Kirch stated any current code cases will have to comply with the current code. Mayor opened the public hearing for all three items. Donna Carr, resident of Apache Junction, stated that if someone was in non-compliance the new regulation should not allow them to become compliant. if they were not compliant to begin with, they should still be in non-compliance when the new rules take affect. Jeff Barlett, 108 N. Meridian Drive, stated the agenda was confusing and inquired why each item was listed separately for a public hearing stating they should have been combined. He stated these ordinances create more regulations on businesses and people. He was not in favor of having the government regulate their property. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes August 17,2021 Mayor Wilson closed the public hearing. Councilmember Biggs moved, seconded by Mayor Wilson that Ordinance 1509 be read by title only. Motion passed unanimously. Councilmember Biggs moved, seconded by Mayor Wilson that Ordinance No. 1509 be adopted as read by the city clerk. Motion Failed. YES -3 Councilmembers Biggs, Rizzi and Mayor Wilson NO-4 Councilmembers Evans, Nesser, Gremmel Schroeder Councilmember Evans moved, seconded by Councilmember Nesser that Ordinance No. 1509 as read be approved with the following amendment: That cargo containers or overseas shipping containers be permitted only on RSGR lots. YES -6 Councilmembers Evans, Vice Mayor Rizzi, Nesser, Gremmel, Schroeder, Mayor Wilson NO- 1 Councilmembers Biggs Vice Mayor Rizzi moved, seconded by Councilmember Nesser that Resolution No. 21-31 be approved. Motion passed. YES -7 Councilmembers Evans, Biggs, Gremmel,Vice Mayor Rizzi, Nesser, Schroeder, Mayor Wilson Councilmember Evans moved, seconded by Vice Mayor Rizzi that Ordinance No. 1510 be read by title only. Motion passed unanimously. Councilmember Evans moved, seconded by Councilmember Nesser that Ordinance No. 1510 be approved. YES -7 Vice Mayor Rizzi, Councilmembers Nesser, Biggs, Schroeder, Gremmel, Evans, Mayor Wilson 9. 21-388 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-31, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "August 2021 Amendments to the Apache Junction City Code, Volume 11, Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-2: Residential Bulk Regulations, Table 5-2: Footnotes 7, 8, 9, and 10; Article 1-6: Supplemental Regulations, § 1-6-5: Accessory Structures: Definitions"; repealing any conflicting provisions; providing for severability and establishing an effective date. adopted 10. 21-389 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1510, an ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume 1, Chapter 9: Health and Sanitation, by repealing Article 9-1: Property Maintenance Standards§ 9-1-5 Cargo Containers in its entirety; repealing any conflicting provisions; and providing for severability. approved City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes August 17,2021 I. OLD BUSINESS J. NEW BUSINESS 11. 21-330 Presentation and discussion on recommended updates to the Apache Junction City Code, Volume I, Chapter 4 Fees, Article 4-1: Parks and Recreation Fees Schedule. Liz Langenbach, Director of Parks and Recreation, provided a presentation on the proposed changes to the Parks and Recreation Fee Schedule. She reviewed the research and analysis of the fees which are derived from sales tax, development fees and user fees. There was a market comparison performed, a review of commercial fees and this year the commission recommended the city implement a different fee for non-residents. She stated fees were last reviewed and increased very modestly in 2015. Ms. Langenbach provided an in depth review of the analysis and documents provided. She stated the item was for presentation only and council would take action at a future council meeting. Council items were then heard in the order presented on the Agenda. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 21-414 Executive Session at 6:00 P.M. for Tuesday, September 7th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. approved Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC N. ADJOURNMENT ACCEPTED THIS DAY OF 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2021. CHIP WILSON Mayor City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes August 17.2V21 ATTEST: JENN|FERPENA 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 . 2021. | further certify that the meeting was duly called and held and that a quorum was present. Dated this day of . 2021. JENN|FERPENA City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-435 Sponsor: Shane Kiesow Agenda Date:9/7/2021 Index: In Control: City Council Meeting Consideration of approval of Award of Contract to Cactus Asphalt for the crack sealing of select city streets; this project was presented and discussed as part of the Fiscal Year 2022 CIP& Street Maintenance Plan at the July 6, 2021 city council meeting. Work is planned for October/ November, 2021 and would be through the Pinal County cooperative job order Contract No. 175923 in the amount of$194,168.37, plus a 10% contingency for unforeseen change orders in the amount of$19,416.83, for a total project cost not to exceed $213,585.20. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 Public Works Department Home of the Superstition Mountains Date: August 24, 2021 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# SST21-18 Award City staff respectfully requests city council consideration of award of contract to Cactus Asphalt for project SST21-18 for the crack sealing of select streets within the city. This work is allocated in the current fiscal year budget through the use of Street Sales Tax revenues. This project is included in the Fiscal Year 2022 Capital Improvement and Street Maintenance Plan discussed at the July 6, 2021 city council meeting. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: SST21-18 THIS AGREEMENT made and entered into by and between the CITY OF AP ACHE ,JUNCTION ("City"), an Arizona municipal corporation, and CACTUS ASPHALT, an Arizona corporation, "Contractor"),- sometimes collectively referred to as the"Parties", or individually s a"Party RECITALS Ai Contractor asserts its willingness, ability and +qualifications to provide the completed products, goods and services (the "Work") called for in in the Pinal County cooperative Jab Order Contract No. 175923 and Contractor's Estimate (attached hereto as Exhibit dated July 29, 2021 (the "Contract Documents"). E. City and Contractor desire :to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the 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. 1, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exemptfrom 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: I. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in accordance with and as more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed one hundred ninety-four thousand one hundred sixty-eight dollars and thirty-seven cents ($194,1 s8.37) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full tern at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Inc City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best � • ` • ,� t • • � s - � • • - f s ♦ • ' • • • • - • � � • • • � ' ' • #' �' t # + ! ♦ 4 # ! f • i # # a.::• . # ': # # . # is a ;.# » i # " # •: - ♦i f '' # is # ` ` : # # #' # # i:: '. •: # i it r # r . # # # #'; ` # >` # ' # ! • ` i . . � � � � ,. s - s _ , # ! ! # � • t ! 4 i +!': • is • # ' • f ♦. # !: #'� l:; '. ! '.:# �. • • • is • i • • ` ! • # • • !! # si ` '" # t! i �:: . .' # ♦ � - . <.. • ! ;. • r • . .� ! a; # a 1. i # # • • r • ' r ! . w • • i • f ':� # �':• I: • M • # ! � • ri �! . e insurance policies, except Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIREDCOVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broadfor property damage, personal injury, products and completed operations an blanket contractual coverage including, a not limited to the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broadas that on Insurance Service Office, Inc. Policy Form No.'C 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 broadas the Insurance Service Office, Inc.'s Additional Insured, For , 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 " art of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including eat , which may arise in the prosecution of Contractor's Work, 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. uto o ile 1_iabilit Contractor shall maintain Commercial/Business Auto o ile 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 non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as roa 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, CS 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 theWork; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. y execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of 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 theperformance 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 provideWorkers' Compensation and Employer's Liability ility insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing ork 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 i ure 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'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 ) years past completion and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. • # # .'. a i ' ' � • ! .' ! � ,. # �'. _ ,ii ,...' . .. •. � ! 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' is • i'. # it M i # . • ' ! • ! i i i •` ! a ♦ i is i i i a i • ; • i i � i' i • '• Disabilities Act, the Immigration afar and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. s required y 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and 23.214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the - Verify program. if Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws an regulations that relate o its employees anA.R.S. 23- 214 ,:and subcontractors shall further warrant that after hiring n 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, 5 a per day for the second violation, and $1,000 "per ay 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 -Verifya ire n contained in A.R.S. §- 23- 14( : City retains the legal right to inspect the papers of any Contractor or subcontractor employee ho 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 l 1 IN WITNESSthe Partiese this _Agreement to e signed their duly authorized representative as of this ay of , 2021. CONTRACTOR: CACTUS LT n Arizona corporation a— By: : /utyAm 61 Its: tr er ITY: CITY OF APACHE JUNCTION, I , n Arizona municipal corporation By: , alter "Chi ikon Its: ATTEST: Pena �....., Jennifer City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Richard J. Stern City Attorney EXHIBIT A '000o'cif. T t ClrY OF Apache Xxxtion ' o d 75 E.Baseline Roan [PLhcne: (49D) -10S5 A he 3 tion,,A 85219 i}98 --5752 Prod t en F`f 022 C 3 idNurn r, Project Location: :16th Ave/ m's tr Royal Plam Cimtr rr ri i Estates t,, Old ti 7/?f2Ct 1 ApacheJunction, Item# Item Description Estimated Quantity Unit Unit Price i+lt t P e 1-1 Crack Sealrg 1/4 To 1*Width 85,0W00 LB $1:27 $107, .0 1-3 Cr l<VacL srrt 85,00CtX0 LB $0,15 $12,75000 1-4 TrafficControl-Crack 85, = L8 $0,47 $39,95000 2.1 Crack Seal l"To 2"Utilizirig Crack Mastic 5,OW.00 LB $3,55 $17,750 OC 2 TrafficControl-Crack Mastic 5,CMOO L$ $lZ3 $3,150,00 Bid Price Subtotal: $183,550 100 Pinaf County,State AM Apache Junction !$ 0,618, 7 Totai aid Price: $1 4,168,37 'Standard Terris ard Conditions Is falb *All scheduling contingent upon miulual agreement of Cactus Asphalt *Prices above based an corrpleti n one mobilzation Ifanadditicrialmobilization 6reqLked,charges tf. *Cactt.is s not responsible fir nobfrc n nor removal oaf vehcles and property from work areas, **Cactus veil require this proposal with exciiisions be ircluded n any contractual agreement vin be event that cluantites d from above,bill-tg Yard reflecit agreed upon measxed quantities, *EXCLUSIONS;'un ifed):Sords,Perrrwt,Plans,EN %9xvey,Staking,As-girik%T t%i Gradeoiork,i,ardscapeK illear,'Crack Routhq,Asphalt Patching,ABC or Landscape Materials,Vegetation Replacement Preservative Seals,Prime Comfy Concrete tsn.tctur ,Irrigation or Pipe irk,V014 Removal cr•Relocabcrg Oryvaalls,Rp Asq:y Structural eackfill,Stroing,SgnaW,Parking BUrlpers Removal or Replacement, port,Export, Excavaton,Subgrade Stablization,Removal of bras Generated by Trades,Ernson Coin 1,Thx Pavement Edge,Project Information Sager And Any Special insurance Requirements *Pricing basad off Pinal County JOC#175923 1 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-436 Sponsor: Shane Kiesow Agenda Date:9/7/2021 Index: In Control: City Council Meeting Consideration of Resolution No. 21-35 on the second amendment to an Intergovernmental Agreement with Pinal County defining responsibilities of each party for the road maintenance of Superstition Mountain Drive, South Mountain View Road and Southern Avenue. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 Public Works Department Home of the Superstition Mountains Date: August 24, 2021 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: Resolution No. 21-35 Public Works staff respectfully brings forth Resolution No. 21-35 for discussion and consideration. Amendment #2 will add a portion of Idaho Road right-of-way to the existing intergovernmental agreement ("IGA") with Pinal County for the cooperative maintenance of select streets within the city and border with Pinal County. The specific streets identified in the IGA are "scalloped" streets, where one jurisdiction owns one half while another jurisdiction owns the other half or are small segments that are surrounded by the majority of the other jurisdiction. The current IGA specifically adds consistency in street maintenance contributing to street quality, street beautification and safety through uniform maintenance. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 RESOLUTION NO. 21-35 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF - APACHE JUNCTION, AR7NA, AUTHORIZING THE CITY OF APACHE; JUNCTION, ARIZONA, TO ADOPT A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY, AR NA, DEFINING RESPONSIBILITY FAR ROAD MAINTENANCE OF SUPERSTITION MOUNTAIN DRIVE, SOUTH " MOUNTAIN VIEW ROAD AND SOUTHERN AVENUE. WHEREAS, the City of Apache Junction "Apache Junction") and Phial County (" 'i.nal: County") desire to amend the February 28, 2018 intergovernmental agreement {"I A") with Pi.nal County clarifying responsibilities of the parties for road maintenance of segments of Superstition n our tain Drive, South Mountain View Road and Southern. Avenue, and WHEREAS, the Pinal County board of supervisors and Apache Junction city council both look to limit capita, and infrastructure maintenance casts through intergovernmental operations{ and WHEREAS, pursuant to A.R.S. § 1I- A , public entities may enter into intergovernmental agreements with each other for joint or cooperative ,activities; and WHEREAS, the parties have crafted the attached written amendment ment to the 2018 I A which formalizes the arrangement. NOW THEREFORE, BE 1T RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARI ONA, AS FOLLOWS: 1) The mayor and city council hereby approve the second amendment to IGA for clarifying the road maintenance obligations as set forth in Attachment : and the mayor is hereby authorized to sign the agreement on behalf of the city. 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 this amendment, RESOLUTION NO, 1-3 PAGE 1 OF PASSED AND ADOPTED BY THE MAYOR R AND CITY COUNCIL F THE CITY OF APA HE JUNCTION, ARIZONA, THIS DAY OF 2021. SIGNED AND ATTESTED TO THIS DAY OF 2021. CHIP WILSON Mayor ATTEST., JENNIFER PENA City Clerk APPROVED AS TO FORM: 1 -21 RICHARD J. STERN City Attorney RESOLUTION TION NO. 20-35 PAGE 2 OF Attachment A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND THE CITY OF APACHE JUNCTION DEFINING RESPONSIBILITY FOR ROAD MAINTENANCE OF SUPERSTITION MOUNTAIN DRIVE,SOUTH MOUNTAIN VIEW ROAD AND SOUTHERN AVENUE THIS SECOND AMENDMENTro INTERGOVERNMENTAL AGREEMENT("Second Amendment') dated this ._,,,_._day of 2021, is made by and between PIN AL COUNTY,a political subdivision of the State of Arizona C'Pinal County")and CITY OF APACHE JUNC11ON,anArizona municipal corporation("Apache Junction"), both collectively referred to as the 4*Partics"or individually as a*Party". RECITALS A) Pinal County and Apache Junction are Parties to that certain Intergovernmental Agreement Defining Responsibility for Road Maintenance of Superstition Mountain Drive, South Mountain View Road and Southern Avenue dated February 28,2018 and as first amended on February 2,2021(collectively,the"Agreement"). B) ne Parties desire to further amend the Agreement by adding Exhibit K , Idaho Road, Lost Dutchman Boulevard to McKellips Road-to the list of affected roadways. NGAREEMEITT Now therefore,the Parties agree as follows., I. All provisions of the Agreement are hereby incorporated by this reference into this Second Amendment. The provisions of the Agreement shall continue in full force and effect except as specifically amended by this Second Amendment. 1 Section I ofthe Agreement shall be revised by adding the of lowing language and new Exhibit K: Exhibit K-Idaho Road -Lost Dutchman Boulevard to McKellips Road 3. Section $of the Agrvement shall be revised adding the following to the list of exhibits: Exhibit K 4 This Agreement maybe cancelled for conflict of interest without further obligation or penalty, in accordance with A.R.S. §38-511. THE REMAIINDER OF THIS PAGE IS INTENTIONALLY LEFF BLANK) RESOLUTION NO. 20-35 PAGE 3 OF 6 IN WITNESS WHEREOF,the Parties hereto have executed this Agreement: PINAL COUNTY CITY 4F APACHE JUNCTION Recommended by: recommended by. Aldre � rith mate 1tikeVVeer mate _W Director Director Department of Public Works Public Works Department nest# Approved and Accepted: Approved and Accepted: By: _ By: Chair Date Walter"Chip"Wilson Date Beard of Supervisors Mayor City of Apache Junction Attest. Attest: By. _d. By: Clerk of the Beard Date Jennifer Pena Date City Clerk City of Apache Junction RESOLUTION NO. 20-35 PACE 4 OF ArPROVAL AS TO FORM I hereby state that I have reviewed the proposed Second Amendment to Intergovernmental Agreement between final County and Apache Junction pursuant to A.R.S. § 11- 5 ,and declare the Second Amendment to be in proper form and within the powers and authority granted to their respective governing buddies under the laws tithe State of Arizona. Allen H.twist, Deputy County Attorney Richard J. Stern,Apache function City Attorney Date �a , Date RESOLUTION NO. 20-35 AGE 5 OF +Li K-su or z M v t i e t d � t t p� y r tt d -2 City Maintained Roadway " Idaho Ad.Lost Wct9mon Givd,to M cKettipa Rd I iWW\W "�" ;v .'utfOit CiPStiPt�ri# i3�r`tll .aayfrowf t-undary air ,ba x >h h L CC,)U K,"Y RESOLUTION NO. 0- 5 PAGE 6 _OF City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-438 Sponsor:Thomas Kelly Agenda Date:9/7/2021 Index: In Control: City Council Meeting Consideration of Resolution No. 21-37 authorizing the submission of application to the Gila River Indian Community for five mobile radios. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 POLIC 0 Apache )unction Police Department Memorandum T DATE: August 25, 2021 TO: Mayor and City Council FROM: Thomas E. Kelly, Chief of Police SUBJECT: Gila River Indian Community and AJPD .............................................................................................................................................................................................................................................................................................................................................. Resolution 21-37 between the Gila River Indian Community ("Community") and the City of Apache Junction ("City") through its Police Department ("AJPD") allowing for grant funding for five (5) mobile radios. Community would like to give the AJPD grant funding ($34,271.00) from their 12% Contribution Grant for the purchase of five (5) mobile radios from Motorola Solutions. The AJPD endorses the arrangement and requests that the mayor and city council pass and adopt the attached resolution which authorizes the City to purchase the mobile radios. RESOLUTION NO. 21-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE SUBMISSION OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that : 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the City of Apache Junction through the Apache Junction Police Department, is interested in submitting an application to be considered for funding in the form of a reimbursable grant from the Gila River Indian Community for mobile radios to enhance public safety operational efficiency. NOW, THEREFORE, be it resolved by the mayor and city council of the City of Apache Junction, Arizona, as follows : SECTION I : Staff is authorized to submit an application to the Gila River Indian Community, Proposition 202 funds for five APX6500 mobile radios for the Apache Junction Police Department' s vehicles with a value of $34, 271 . SECTION II : The mayor or chief of police, his or their designee, is appointed the agent for the City of Apache Junction, to conduct all negotiations and to execute and submit all documents and any other necessary or desirable instruments in connection with such grant. SECTION III : The mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. RESOLUTION NO. 21-37 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, 'THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF , 2021 . WALTER `CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-37 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-440 Sponsor: Larry Kirch Agenda Date:9/7/2021 Index: In Control: City Council Meeting Consideration of Resolution No. 21-38, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record and amending a certain document filed with the City Clerk entitled "City of Apache Junction Classification Plan for Fiscal Year 2021-2022"to amend the position of Principal Engineer. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 f , Staff Memorandum DATE: September 7, 2021 TO: Mayor Chip Wilson, City Council Members THROUGH: Bryant Powell, City Manager FROM: Elizabeth Riley, Human Resources Director Larry Kirch, Director of Development Services SUBJECT: Resolution No. 21-38 amending the City of Apache Junction Classification Plan 2021-2022 to amend the Principal Engineer Salary Group The Development Services Department would like to amend the Principal Engineer position in the most recently adopted Classification Plan. The position was created in January as a result of the recent auction of 2,780 acres of Arizona State Land Department property and the imminent development that is forthcoming. A classification audit was conducted for the proposed position, the title is recommended as Principal Engineer with a salary assignment to group 32. However, the city has conducted three recruitment efforts with no applicants on the 1st attempt, one on the 2nd attempt and two on the 3rd attempt. Based on a discussion with the two most recent applicants and an employment offer, the salary was not competitive in a group 32. Pursuant to Personal Rule 6, Classification, Section 4, Creation, Abolishment and Reclassification of Positions the city staff is requesting an amendment to the classification plan approved in the FY 21/22 budget. The amendment authorizes the Principal Engineer position be amended in the Classification Plan with a salary assignment of group 34. This position reports to the Planning Manager and work within a team environment for this large scale development managed by a Principal Planner. This position would manage other project engineers and additional staff or engineering consultants to meet the demands, workload and schedule of the successful bidder of approximately 2,800 acres of state trust land. Thank you and please let me know if you have any questions. City of Apache Junction Human Resources 300 E. Superstition Blvd. Apache Junction,Arizona 85119 Office Hours: M-Th 7:00 AM to 6:00 PM Service Over and Above the Rest SOAR RESOLUTION NO. 21-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND AMENDING A CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "CITY OF APACHE JUNCTION CLASSIFICATION PLAN FOR FISCAL YEAR 2021-2022" TO AMEND THE PRINCIPAL ENGINEER POSITION. WHEREAS, the most recent Classification and Compensation Plans were adopted on May 17 , 2021, as amendments to the Fiscal Year 2021-2022 Classification and Compensation Plans for all classified employees of the City of Apache Junction; and WHEREAS, adoption of a Classification Plan and a Compensation Plan retains these plans as part of the budget for Fiscal Year 2021-2022; and WHEREAS, on May 17, 2021, the Mayor and City Council adopted the tentative budget for Fiscal Year 2021-2022 and on June 14, 2021, adopted the final budget for Fiscal Year 2021-2022, establishing funding for and the positions as set forth in the "Classification Plan for Fiscal Year 2021-2022", the "Civilian Compensation Plan for Fiscal Year 2021-2022", the "Recruit and Sworn Salary Schedule for Fiscal Year 2021-2022" and the "City Of Apache Junction Flat and Hourly salary schedule for fiscal year 2021-2022"; and WHEREAS, the city management finds it necessary to amend the position of Principal Engineer from a Salary Grade 32 to a Salary Grade 34 as an amendment to the "Classification Plan for Fiscal Year 2021-2022" in order to complete the recruitment process for this position which is made necessary as a result of the auction of approximately four square miles of state trust lands south of Baseline Avenue . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona as follows : SECTION I DECLARING A PUBLIC RECORD The documents entitled "City of Apache Junction Classification Plan for Fiscal Year 2021-2022 as amended" (Exhibit A) , three RESOLUTION NO. 21-38 PAGE 1 of 2 copies of each which are on file in the Office of the City Clerk of the City of Apache Junction, Arizona, are hereby declared to be public records; and the copies shall remain on file with the City Clerk' s office and shall be available for public examination and reproduction upon request . SECTION II ADOPTION OF PLANS The document entitled "City of Apache Junction Classification Plan for Fiscal Year 2021-2022 as amended", is hereby adopted, referred to, and made a part hereof as if fully set out in this resolution . SIGNED AND ATTESTED TO THIS DAY OF 2021 . APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2021 . WALTER "CHIP" WILSON Mayor ATTEST : JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-38 PAGE 2 of 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-383 Sponsor: Pamela Harrison Agenda Date:9/7/2021 Index: In Control: City Council Meeting Presentation of 25-year Service Award to Stephanie Greene, of the Apache Junction Library. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-432 Sponsor: Chip Wilson Agenda Date:9/7/2021 Index: In Control: City Council Meeting Presentation of proclamation designating September 17th -23rd as Constitution Week. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 r Vrorlam tion CONSTITUTION WEEK SEPTEMBER 17 THROUGH SEPTEMBER 23, 2021. WHEREAS, September 17, 2021, marks the two hundred and thirty-fourth anniversary of the drafting of the constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW,THEREFORE,I,Chip Wilson,by virtue of the authority vested in me as Mayor of the City of Apache Junction,Arizona,do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK in Apache Junction,and ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of Apache Junction to be affixed the day of 2021. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-444 Sponsor: Chip Wilson Agenda Date:9/7/2021 Index: In Control: City Council Meeting Presentation of proclamation recognizing September 1st as Second Responders Day. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 PI C3 U 1y►+ R1Zo Vroclamatton SECOND RESPONDERS DAY SEPTEMBER 1,2021 WHEREAS, second responders provide support to first responders and have served the community throughout the pandemic, helping to put lives back together during a critical time of emergency, and WHEREAS, the pandemic impacted the entire community and caused trauma and suffering to many, and second responders, who include staff from both the public and private sectors, have risked their health to provide support to ensure that people can thrive in the face of adversity, and WHEREAS, second responders go above and beyond to provide numerous services to the public, such as outreaching to people experiencing homelessness in the deadly summer heat; providing meals and wellness checks for home-bound older adults; providing counseling and mental health services to those in crisis; providing assistance with housing search and stabilization; ensuring families do not go hungry; helping domestic violence victims safety plan so that they can flee violence; providing transportation to medical appointments; assisting with securing jobs, and finding unique ways to serve the public during the unprecedented challenges of COVID-19, and WHEREAS, many could not have survived the pandemic without the vital services provided by second responders, now therefore, NOW, THEREFORE, I, Chip Wilson,Mayor of the City of Apache Junction,Arizona, do hereby proclaim SEPTEMBER 1, 2021 as: SECOND RESPONDERS DAY IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Apache Junction,Arizona to be affixed this day of 2021. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 21-419 Sponsor: Chip Wilson Agenda Date:9/7/2021 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 21-420 Sponsor: Bryant Powell Agenda Date:9/7/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 21-423 Sponsor: Agenda Date:9/7/2021 Index: In Control: City Council Meeting Presentation and update from Genesis Project. City of Apache Junction,Arizona Pagel Printed on 9/1/2021 GENESIS PROJECT Serving the Hungry and Homeless WHO WE ARE... MISSION VISION Genesis Project i conduit to for faith-based, providervi in need communityfocused serviceto feed, by sharing food, dothing, hydration, clothe, and hydrate anyone in need with Grace' through personcalinteractions respect and dignity. i i provideoccasioncally i i averageWHAT WE 001000 vouchers Drivers• Clothing bank and hyjene items - 26 people/day • I i I relief• Hydration and heat formerly,• Employment and training opportunities — employ 4 r personshomeless filing• Assisted 3 people with WHAT WE 000110 • Library Mail service • Computer access 0 On-site nurse • On-site mentor 0 Community Resource Center Assistance with benefits Bankets Lockers " ar NOW CAN YOU HELP... Arizona Charitable Tax Credit 4 ¢ haircuts,• Bequeath — we have planned jving opportunities Contribute — your annucl tax credit donation — We are a Quclified Charitable Organization Donate — money, food, clothing, hyjene items Provide — the services of your business e.g. Volunteer! dental • %rve — have your organization/business serve a weekend meei • NorthNOW TO REACH USHON Ideho Road, Apache Junction, Arizona Im P.O. ion, Arizona Phone-• - 7 • l® • Webs`: @genesisprojectm served: 1 • Donations accept Monday- Friday g City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 21-421 Sponsor:Al Bravo Agenda Date:9/7/2021 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 21-416 Sponsor: Heather Hodgman Agenda Date:9/7/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration of entering into an agreement with Advanced Chemical Transport, Inc for the November 2021 and March 2022 household hazardous waste events in the amount of$80,000. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 t Public Works Department t. Home of the Superstition Mountains Date: August 18, 2021 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Household Hazardous Waste Events Starting in November of 2018, the city has held two household hazardous waste events (HHW). The events are open for city and Pinal County residents just east of our city boundaries, including Gold Canyon. On October 15, 2019, the city entered into an Intergovernmental Agreement with Pinal County to reimburse the city for costs attributable to county resident participation in a maximum amount of$20,000 ($10,000 per event). Residents can drop off white goods, document shredding, tires, electronic recycling and hazardous material during the HHW events. Our last two events that we hosted we had 690 city and county residents. Our next events are set for Saturday, November 13, 2021 and Saturday, March 5, 2022 from 8 am to 12pm. Staff recommends entering into an agreement with Advanced Chemical Transport Inc, in the amount not to exceed $80,000 for two HHW events. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 i � ill i t � I s, Fw CIT PA j Z��I. {tlr ff Sgiris�;{f��s --- und Backgru t ► rr r r t r rr er t (IGA) with Final County 2019 -IGA,approved by City Council and Final County Beard ©f Supervisors final County to antrute maximum amount ©f $1000t , per event r t t E�sr ; i f71 ra s�3� > Y d toy' 3 rr s rk} 4 4 Hazardous Wash Cleanup up fr*' t Location Road OOV Highway Area of PinalCounty Eligible for cleanup �mI ncorporated City �r coin Boundary s� Approximate population within eligible unincorporatedarea, 2 l,!5 w a 7 Hazardous Waste Cleanup.. r1 l.. s 3�, .,u,�,4I5=i n. � • indatiOl 1 col'Ilme taff rec+ammends entering into an Agreement with Advanced chemical Transit, Inc to assist in tw+o ) annual household hazardous waste collection events. Utilizing the aricopa County o p erative Contract # 13134-ITN for a total lump sum not to exceed C ,a 0 for the B ent . 'f PROFESSIONAL SERVICES AGREEMENT WITHCHEMICAL TRANSPORT, INC FOR 2021 AND 2022 HOUSEHOLD HAZARDOUS WASTE EVENTS THIS AGREEMENT is made as of f "Effective " I I Arizona municipal corporation ("City"), and ADVANCED CHEMICAL California ("Contractor"), ishereinafter re rrto ed collectively as the "Paw „ r individually as a "Party",for the projectentitled Household „ REDiTAU A. City desiresretain ctr to assistin two annualoll i events for householdpayment r the same i accordance i r conditions in thisAgreement, including II attachments and addenda whichr r ! agreement of the ® ® B. The open marketvsatisfied to the extent they PartiesC. The forth below contemplated ices Contractor will provide i , including payment terms for such servicesproducts. THEREFORE, in considerationRecitals v , the mutual covenants ii below, and other good and valuable consideration, the receiptsufficiency i c ! the Parties agreefollows: ® 9ONTRACTOWS DUTIES: Contractor agrees to perform professional is ( "Work") detailed in Exhibitx i it B. ® : In accordancei the termsi ® ons of this Agreement, 1 1 Contractor for (t "Work") in an amount not to exceed , , in accordancei r In x i i t A and Exhibit BILLING: Contractor shall bill City basisexpense In t to exceedSection v i it pay such billings within i calendar days of the date of receipt. 4. f m The termf this AgreementSeptember 8, 2021 and ends on June 30, ® Following the Initial term, the Parties may not renew or extend this Agreement. 5. I z�,.. ' i shall furnish Contractor i [I , i r tin ng services specified i Exhibit 6. T ' it performing Contractor shall exercise I r i I care and skill customarily xrcl reputable r of cnr c is professionc ® i in the PhoenixMetropolitan Area, and shall use reasonable diligence t judgment whilex rci i its professionalill and expertise. Contractor shall be responsible for al r omissions tr commits in the performancei r nt. ® All notices to the a Party required r this r shalI be in writingr Imail, postage prepaid, return receipt requested, addressedfollowing: f to City: i f Apache Junction Heather Hodgman Project Baseline Ave Apache Junction, AZ 11 Contractor:If to Frank Project r Advancedi Transport, Inc cn Ave, Ste 4 ® Contractor, at its own expense, shall purchase and maintain i stipulated ini insurance ith companies dulylicensed, possessingrr , Inc. Rating of B++6, or approved unlicensedi the State of Arizona i li ies and forms f tCity. All insurance required r i II be maintainedIn l force and effect until all work or service required r r the terms of the Agreement Is satisfactorily completed andformally cc t ; failuresole discretion of City, rial breach of thisAgreement. Contractor'sinsurance II be primaryInsurance as respects the City, insurance or self-insurance mai i ity shall not contribute I ® Any failure comply iclaim reporting provisionsinsurance policies r any breachinsurance policywarranty shall not affect coverage affordedr the insurance If i protect i 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 ® Such deductible and/or se1f4nsured 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. Commercial General Liabilit y 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 bI anket 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 sever ability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit it party action over claims. The Commercial General Liability additional Insured endorsement shall be at I east 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. 3 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, is 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 r ® 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. Contractor shall carry Workers' Compensation Insurance to cover obligations I mposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: N am aware and understand the provisions23-900 etseq. 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 it so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. 4 In case any work is subcontracted, Contractor will require r r provide r r ' Compensation and Employer'sLiability insurance to at least the same extent as required rQ ® t t r Prioring work or services under this Agreement, shall furnish ity with CertificatesInsurance, or formalr it Agreement, ed by the issued by Contractor's ! r r(s), as evidencepolicies providing the required v , conditions and li i it i Agreementr in full force andc ® The form of the certificates insurance endorsementsand !l be subject to the approval of the Apache Junctioni Attorney's Office, shall comply withthe try ofi r , and shall be issued and deliveredi rney, City of ApacheJunction, Superstition Boulevard, c , AZ 85119. In the event any Insurance li i required is Agreement are written "claims made" basis, coverage ll extend for two {2) years past completion acceptanceand c rs r services and as evidencedl Certificatesr c If a policyit l life Agreement, renewal certificate must be t to Cityi ) calendar days prior# expiration date. 1l Certificates of Insurance identified ith bid serial number and tit! e. Policies r certificates and completed r i Additional Insured Endorsement ( I equivalent Insurance form c I to the City Attorney) evidencing y r required i il be filedith the City and shallinclude i i i I Insured. lic r policies shallin the usual form of a publicliability insurance, it also include following rvii "Solely as respects workr on behalf of the named Insured r the CityJunction, it is agreedi f Apache Junction and its officers1 r l insureds r this policy." Insurancerequired ishall not expire, be canceled, or materially changed without thirtycalendar prior written noticeCity. 9. I rs and conditionsi Agreementl yr r i ccrdance with the State ofri ce i ri iught by either party for purposethe fri ri rri rvi ri this Agreement, shall be triedi i is i l , State of Arizona. herebyparties ive all provisionsproviding r a change of venue i 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: aI l litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. % EQHQ!1jjAj9Yff: Neither City nor Contractor, as the case may be, shalI 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 controI and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandernics, 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, 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. I I® MIRMWAIM: This Agreement may be terminated by either Party for any reason upon thirty days (30) days written notice. If this Agreement is terminated, City shall be reimbursed from Contractor the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. 1N29MN1EjQAjjQN: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, Its boardmembers and appointed officers, officials, agents, and employees from and against any 6 and all liability including limited I icosts and expenses, including attor i fees, ri ing from or connected with, or alleged to havei r connected with, relating , arising r alleged to haveresulted from the acts, errors, mistakes, omissions, r r services of Contractor, Its agents, employees, or any tier of Contractor's subconsultant in the performancei r t, but onlyto the extent caused by the negligence, recklessness or intentional wrongful conduct Contractorof or Its t in the performanceiAgreement or any Contractor's , hold harmlessindemnify i its boardmembers and appointed , officials, agents, and employeesshall arisein connection withI claim, damage, loss or expense that Is attributable it injury, sickness, disease, death, or Injury to, impairment, propertydestruction of including loss of use resultingtherefrom, caused Contractor'sr r , mistakes, workI i performancen the i r including omissions,employee of Contractor , any tier of Contractor's subcoI r any other person for whose acts, errors, mistakes, i fons, Work or services Contractor may be legally i I amounte. The and type of insurance coverageit r t ill in no construedway be limiting indemnity in thisparagraph. ® ..,° Contractor shall pay all license, sales, r, transactionrivil , use and other similar taxes for services provided Contractor i rlegally time li i Agreementr 14. PERMITSC iprovided in this Agreement, Contractor shall secure and pay for all applicable permits, government licenses and Inspections r the proper execution and completion services whichr rily secured after execution of the Agreement. Contractor shall give all notices and comply withall laws, ordinances, rules, regulations C orders i authority bearingof the e obligations. Contractor represents r license performnecessary to i under this r is currentvalid. activityContractor understands that the describedherein c "doing businessiJunction" and Contractor agrees to obtain businesslicense pursuantJunctioni , Vol. 1, and keep such license current r rm of this Agreement. Contractor also c 1provision of the c Chapter 8A, may also applyif so, shall obtain a transactionprivilege license and/or other licenses required Iapplicable r, Contractor agrees to pay all applicable privilegethat are applicable to the activities, r rviprovided r this Agreement. r tr' r, rll, r costs i i i �a Agreement shall be kept on a generallyrecognized cc ti ng basis n vil ie to City for Inspection t® Constructor shall maintain records r a periodleast after termination is Agreement, and shall make suchr v itduring retention i od r examination or audit by Citypersonnel during regular business hours. 1 ° R I I Nothing i i AgreementIli li i Ii tm. i iriri i only is particular Contractor. 17. i ° iagree understandthe«.. relationship Partiesis that of an independent contractor. ® 1 failure it r Contractor insist i .� r �. r Instances on performancef any of the terms or conditions of this Agreement or to exercise any right or privilege contained r i shall not be consideredr waiving such terms, conditions, rights privileges, and they shall remain in full force and effect. m ', Contractor understands �.,��� I ��a�..he applicability..�, f �AmericanI th Disabilities Act, the Immigration ecr and Control Act of 1986 and the Drug Free Workplacec services r this Agreement. As it 1 , Contractor hereby warrantsits compliance with all federalimmigration laws andregulations that relate its employees A.R.S. )® Contractor further warrants that after hiringemployee, Contractor will verify ioyment eligibility of the employee E- Verify program. if Contractor uses any subcontractorsin performance services, subcontractors rr it compliance i all federal immigration laws and regulations that relate its employeesn 214(A), subcontractors II further r r hiringA.R.S. aemployee, such subcontractor verifies the empI li i ility of the employee through the E-Verify program. r rr Ii be deemed a material breach f the Agreementis subject to penaltiesincluding termination of i reement. Contractor I t to a penalty1 r day r the firstviolation, r day for the secondviolation, , r day r the thirdviolation. Cityat its r inate this Agreementr the third violation. Contract !I not be deemed in material breach of this Agreementif the Contractorand/or subcontractors establishcompliance i employmentthe verification pr vi i ci federal Immigration and Natili ct and the E-Verify requirementsi i A.R.S. ( )® City retainslegal right inspect the papers of any Contractor r subcontractor employee who works underi r t ensure to t the Contractor or subcontractor is complyingi rr anty. Any inspection ill be conductedreasonable ti reasonable s° If state law is amended, the Parties may modify this paragraph consistent with state law. 20. i and any attachments represent ctor and supersede all prior neg her express or implied, written orr i t I r ad that no alteration or v rl i t r i i igreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any Inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, If possible, by construing the provisions as mutually complementary and supplementary. ® §EVERABILITY: 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 ® provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22, N: City and Contractor each bi v it r , s, assigns and legal representati re partners, successors, assigns anI Ir r v c r i respect to all covenants, agreementsli i i iant. Neither Party to the Agreement shall assign the Agreement 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. 23. AC A99URAPY-QE-MMK: Acceptance of services or work by City shall not relieve Contractor of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Contractor it make all necessary revisions or corrections resulting from errors and omissions on the part of Contractor without additional compensation. 9 Time is of the essence with all provisions In ti r in performance by either Party shall constitute a material breach of thisAgreement. ® IACTORS WHO ENGAGE Co knowledge A.R.S. through393 i ids public entities from contracting with Contractorsin boycotts of the State ofIsrael. Shouldr under this Agreementagainst State f Israel, thisautomatically r i operationlaw. Any such boycottmaterial . 9ONFLICTS OF INTEREST: terminatedbe i In rwith, provisions IN WITNESS WHEREOF, Contractor and Cityv i Agreement as of the date first set forth above. Advanced Cali for la corporation r nk Sanchez,CHMM .h Its: Branch Mannnar CITY OF APACHE JUNCTION, ARIZONA, an Arizona icorporation Its: r 1 Jennifer Pena City Clerk APPROVED AS TO FORM: R. Joel Stern City Aftorney 1 EXHJBIIA PAGE: 1 of A ACT" t olltiatwstiate hCity of Apache Date: 1/ 1 2175 E. eneAve Jti 19 Participants- 22Ahe Deliverto:Heather Hodgeman Disposal av ACT-Albuquerque, Mesa Oil, Amazon Envir0,Lighting Resources,Arnerigas,Terrell Battery QUANTITY N UNIT RATE AMOUNT I mobilization/Derrobilization ea $2,550.00 S 2,550.00 COLLECTIONDAY 9 Project Manager hr 95.00 $ 955.00 Chemist hr $ 75.00 S 675.00 12 Technician«Se atio .ver hr S _ 60. $ 720.00 9 Technician-Segregation hr $ 55,00 $ 495.0 8 Technician-Universal Waste hr S 55.00 S 440.00 12 Technician Universal Waste/Driver hr 60. $ 72 .0 $ Technician-Oil and Antifreezehr $ 45.00 $ 360.00 Technician®Oil and Antifreeze $ 45.00 S 360. 00 9 Technician icf -Fuels hr $ 55.00 $ 495.00 Technician-Unloading Vehicles hr $ 45.00 $ 360.00 S Technician-Unloading Vehicles hr S 45.00 $ 360.00 5 Tech/Driver m CRT U nlo er/Driver hr S 60.00 S 300. 00 5 Technician-U er Pu hr $ 45. $ 225.00 5 Technician Unlo er-CR s or $ 45.00 $ 225.00 Drums 4 Triorall Boxes ea $ 90.00 $ 360.00 2 275 gal tote ea $ 235,00 $ 47 °00 1 $5 gallon steel salvage drum-(new) ea $ 225.00 00 55 gallon poll ea $o/t 225m 73.00 S 365.00 4 55 alIon o/t(reconditio(reconditioned) 73.00 5 292.00 1 55 gallon steel drum ch(reconditioned) ea $ 73.00 S 73.00 2 14 gallon Poly dnun(new) ea $ 7 .00 $ 144C . 0 3 30 gallon Poly drum(new) ea S 73.00 $ 219.00 14 5 gallon pail $ 17.00 $ 23$.00 1 4 R Lamp Drum 5° S 0 Lam D SS. 0 Materials 1 See Attached Sheet ea $92 . 5 S 920.25 DISPOSAL 1 See AttachedBreakdown is $1g217: 5 Apache Junctacn H ®Estimate 11- 021 q� � °® �- a� ss o to LD OP wl� ,1 44 all 0 a .� . _ 0 ��M " . ko ' . " , C4 to ---------------- 6 ca 0 � oCJQ=OaOOc=cDn=O C,0 C4 c o o C3 .� co LU gi � a ° 11 c 'i 12 FL o mxx � � e -® a � 4� J x x xWy w �.x �� � �� P eas ago 40 IA Ida sg ci as ® ° cm 0 000 IS r 281 CD 4 gi CD 0 LL t? ® a as i® City Of Apache Junction, HHW 11/1 1201 ITEM QTY UNIT 7. 7 __ _ _ TOTAL FTywvek v rall,s€z L Case(25) . 0 Coverall,ll,size XL 1 Case(2 } 1 4. 0 Coverall,s L 1 Case(25) 1 000 Coverall, L 0 Case( ) 14. 0 . Tyvek Coverall,s e XXXXL 0 Casa( 5) $134.00 $ .0 Labpack Black nitrile gloves w M 1 Box $19.00 $1 900 Labpack Blacknitrile 91OV85-XL 2 Box $1 .00 $38.00 Leather Gloves 0 Dozen $11 Z5 $0.00 Safety lass Pair $3.95 $0.00 Visqueen 1.5 Roll $130.00 $195.00 Duct Tape 4 Roll $6.50 $26.00 Shrink wrap 0.6 Roll $32.50 $16.25 Absorbent-dry sorb 0 Bag $1 m 0 $0.0 Ver icillita 3 Bag $3 .00 $ 9.0 Absorbent® Universal Pads 0.6 Ball(1 0 bag) $68.00 Absorbent it pads 1 Ball(100 bag) $55.00 $55.00 Drum liners .5 Roll $140.00 $70.00 Pallets(for T®s ► ) 6 Each $ 0, $100.00 Shade Tarps 5 Each N/C Material Handling 6 Each N/C TOTAL $ .25J U.Mw""'o aQQEE W R�K -QF� PAGE- 1 of 3 A AC C One Day HHW Collection Budget-Estimate CUSTOMER: City of Apache Junction 5 F_ es 75 E Baseline Ave Apachj Date: 3/5/2022 e FJunction,AZ 85219 Participants: 442 Deliver to:Heather Hodgernan Disposal at: ACT-Albuquerque,ACT-Merced, Mesa OiL Amazon Enviro,Lighting Resources,Amerigas,Terrell Battery QUANTITY DESCRIPTION MT RATE 0 1 M $2,550.00 S .00 C 9 P 95,00 $ 855.00 9t hr 75.00 $ 675.00 12 Technician-Segregation/Driver hr S 60.00 $ 720.00 12 Technician-Segregation/Driver hr $ 60.00 $ 720.00 9 Technician-Segregation hr $ 55.00 $ 495.00 9 Technician-Universal Waste hr $ 55.00 $ 495.00 8 Traffic Con troll Unloading Vehicles In $ 45.00 $ 360.00 9 Technician-Unloading Vehicles hr $ 45.00 S 405.00 8 Technician-Unloading Vehicles hr $ 45.00 $ 360.00 8 Technician®Oil and Antifieme hr S 45,00 S 360.00 9 Technician-Fuels hr S 55.00 $ 495.00 6 Tech/Driver-CRT Unloader/Driver hr $ 60.00 S 360.00 6 Technician-Unloader-CRTs hr $ 45.00 $ 270.00 6 Technician-Unload er-CRrs hr S 45.00 $ 270.00 Drums 6 Triwall Boxes ea $ 90.00 $ 540.00 2 275 gal tote ea $ 235.00 S 470°00 85 gallon steel selvage drum-(new) ea $ 225.00 $ 6 55 gallon drums olt(reconditioned) ea $ 73.00 S 438.00 5 55 gallon steel drurn c1t(reconditioned) ea S 73.00 S 365.00 9 55 gallon dn= o/t Polys ea S 73.00 3 657.00 4 30 gallon Poly drurn(new) ea S 73, $ 292.00 9 5gallon pail ea $ 17,00 S 153.00 2 4 it lamp Drian ea $ 85.00 S 170.00 1 8 It Lamp Drum ea $ 55.00 S 55.00 Materials I See Attached Sheet ca $1.083.50 $ 1,083.50 DISPOSAL I See Attached Breakdown Is $20,763,60 Z TOTAL INVOICE =M]d 34,377.10 t Apache Junction HHW®Estimate 3-2022 gg- duo ®- 88 x� HO , WC,419 8 co �® ® CD 2.M m CA LS in 2 0 4 CD 0 0 $2 t LU 0 cm LU ��- ��� Ma O A s _ m w wz sells Elise® � 1.AM a c cc C4 ca 0 �� ° c 0 � �U. = 0 0 tl 8�{� �m 0 CCINI Iw� 12 use c�- h ww "Wfis o OL ID q Ci Os cm oq 9 as g as a0 CD e 0 w w CD us c era 0- fN cc E c 4 4 ®- 4 0 0 4 c� go CL ®CD 4 CD M �- go Ix cc cl cl 03 . (4 CS a d 8 c �� � � City Junction, 3/5/2022 r1TEMl) IT P I l TOTAL ITyvCove ll,size L 0 se(25) $1 .0 $0®00 v all,size L 1 Case(25) $1 .00 $1 . 0 Coverall,s L 1 Case( 5) $4 . $134. 0 T ek Coverall,s L 0.5 Case( ) $1 4a 0 $67.00 Tyvek Coverall,size XXXXL 0 Case( ) $134.00 $ .00 Labpack Black nitrite nitrile gloves 1 Box $19.00 $19.00 Labpack Black nitnle gloves-XL 1 Box $19.00 $1 .0 Leather Gloves 0 Dozen $11. 5 $0,00 Safety glasses 0 Pair $ .95 $0. 0 s ueen 1.5 Roll $11&00 $174.00 DuctTape 6 Roll $6.50 $39.00 Shrink wrap 1 Roll $32,50 e50 Absorbent®dry sarb 2 Bag $12® 0 $24.00 Vermicillite a Bag $3&00 $196. 00 Absorbent® universal Pads 0.5 Ball(1 0 bag) $ 6. Absorbent® Oil pads 1 Ball(10 bag) $55.00 $5 . 0 Drum liners 0.5 Roll $140.00 $70.00 Pallets(forCRT's) 6 Each 12. 78 00 Pallets(for Batteries) 1 Each $12.00 $12.0 Shade Tarps 0 Each NIC Material Handling Carts 0 Each / T °TAL $1®060 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. File ID: 21-439 Sponsor:Aaron LaSota Agenda Date:9/7/2021 Index: In Control: City Council Meeting Discussion on amendments to the Apache Junction City Code, Volume 1, Chapter 5, Municipal Court. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021 r9 a C 0 lj�I"#r-A U Municipal Court 8/26/2021 To: Mayor Wilson, Vice-Mayor Rizzi and City Council Members From: Hon. A. Douglas LaSota, Presiding Magistrate Re: Associate Magistrate positions As previously discussed, I would like to hire an Associate Magistrate who is an attorney and would work no more than 19 hours per week on average. I do not believe a full-time position is necessary, as I can handle the volume fine without full-time assistance. Also as discussed, I would like to hire a Judicial Assistant to replace the Management Analyst who left, leaving an open position. I would also like to have Council appoint such person as a non-attorney Associate Magistrate as we discussed in Executive session. I have reviewed Mr. Stern's proposed amendments to the City Code, and worked with him on appropriate language and appropriate limitations on the power of the Judicial Assistant in a role of Associate Magistrate. I believe the limitations expressed by council have been adhered to regarding the person's scope of duties. Therefore, I recommend that the draft changes proposed by Mr. Stern be approved. Thank you for your consideration of this matter. 4. Q41� 4 Z��_te Hon. A. Douglas LaSota Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119 (480)982-8250 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: September 7, 2021 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: CHAPTER 5 AMENDMENTS; OUR FILE NO. 21-020 The Apache Junction City Code, Vol. 1, Chapter 5, Municipal Court, is in need of revision to allow Presiding Magistrate Aaron Doug LaSota the ability to recommend for appointment to council a part-time associate magistrate as well as a judicial assistant who will, in the absence of the associate magistrate and presiding magistrate, handle limited criminal matters such as initial appearances, arraignments, plea agreements and uncontested matters, and on occasion will handle civil traffic and other civil matters. Judge LaSota has noted the administrative justification for these positions in a separate memo. The code amendment also eliminates the reference to pro-tem magistrates since they are only authorized under Arizona law to adjudicate superior court and justice of the peace cases. This matter will be scheduled for a public hearing on September 21 st for council action. R. Joel Stern City Attorney CHAPTER 5: MUNICIPAL COURT ARTICLE 5-1: MUNICIPAL COURT Section 5-1-1 Municipal court established;jurisdiction 5-1-2 Definitions 5-1-3 Presiding Magistrate 5-1-4 Qualification of municipal court judges 5-1-5 Hearing officers 5-1-6 Maas hoe-Ro udicial Assistants 5-1-7 Powers and duties of Presiding Magistrate 5-1-8 Proceedings of court 5-1-9 Formation and summoning of juries;juror pay 5-1-10 Court personnel 5-1-11 Home detention and continuous alcohol monitoring § 5-1-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION. The municipal court is established as a separate, independent branch of city government, which has exclusive jurisdiction of all violations of the city code, and jurisdiction concurrently with justices of the peace of precincts in which the city is located for violations of all misdemeanors committed within the limits of the city inclusive of city code and state statue crimes. § 5-1-2 DEFINITIONS. The following words,when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. ASSOCIATE MAGISTRATE. A full or mi-t time termed judge of the city court, appointed by the city council, other than the presiding magistrate. CITY MAGISTRATE. Any judge of the municipal court, including the presiding magistrate, associate magistrate, and interim magistrate all of whom have attended the Judicial College or New Judge Orientation required by the Administrative Office of jffie Courts passed an required exam, CIVIL TRAFFIC HEARING OFFICER. A city court employee assigned special duties by the presiding magistrate pursuant to the city code. DISCIPLINARY ACTION. Action taken by the State Bar of Arizona or the Supreme Court of Arizona, or any other licensing authority for attorneys or judges including reprimand, censure, suspension or disbarment. INTERIM MAGISTRATE. A judge appointed by the city council to perform the duties of a presiding magistrate during an absence or vacancy greater than three weeks, but not greater than six months. JUDICIAL ASSISTANT. A full and non-career employee of the city a ointed b the council charged �witb �crfom�iin W administrative non-iudicial and associate magistrate inisterial or clerical non-discretionary j�qdicial duties in the absence or -MINISTERIAL OR CLERICAL NON-DISCRETIONARY JUDICIAL DUTIES. Tasks that a judicial assistant may perfo that do not ire an individualized ized evaluation but instead concentrate on technical skills and trainiq including the groces : or )lea agreements with _ sr definitive conditions not allowing, changes b,y a judicial officer, continuances of pretrial-irnatters., and initial appe arances pursuant to Arizona Criminal Procedure Rule 4 and arraignments rsuant to Arizona Criminal Procedure Rule 14w and onlyP uncontested hearings or motions, PRESIDING MAGISTRATE. The full time IgppedJudge appointed by council, charged with the management and administrative responsibility of the municipal court. t zciTcil o"Fes'c ieag i acr-StMte7 § 5-1-3 PRESIDING MAGISTRATE. (A) The presiding officer of the municipal court shall be the presiding magistrate,who shall be appointed by the council for a minimum term of two years with the dates of the term to be set by contract. The council may suspend, discipline,or remove any city magistrate as follows: (1) If the judge pleads guilty or no contest,or is found guilty,of a crime punishable as a felony under any laws of this state, another state, or a federal law, or of any other crime that involves moral turpitude under the laws of this state; (2) If the judge has a disability that prevents the judge from performing the essential functions of the position; 2 (3) If the judge engages in actions constituting willful misconduct in office, willful and persistent failure to perform his or her duties, or conduct prejudicial to the administration of justice that brings the judiciary into disrepute; or (4) If the judge is subjected to disciplinary action by the Arizona Supreme Court or State Bar of Arizona. (B) The Presiding Magistrate shall be considered a non-career contract employee after being appointed and all other terms shall be negotiated and set forth in a written employment contract. (C) The city council shall appoint one or more full and/or part-time magistrates for a term as the city council deems necessary pursuant to this chapter. In the event of an absence or vacancy in the position of presiding or associate magistrate, council may appoint an interim magistrate who must meet all of the requirements as a city magistrate. § 5-1-4 QUALIFICATIONS OF CITY MAGISTRATES. (A) Every magistrate shall: (1) Be an active member of the State Bar of Arizona in good standing for at least five years prior to appointment; (2) Have no discipline by any State Bar or State Supreme Court for a period of ten years prior to appointment. § 5-1-5 HEARING OFFICERS. Civil traffic hearing officers shall: (A) Be assigned to one or more employees of the magistrate court at the discretion of the presiding magistrate roviddsuch d�zties are liste�3 in the jo duties of such positions; (B) Meet the qualifications established by the Arizona Supreme Court for such officers to be eligible for the special assignment; (C) Have the authority to hear cases involving civil traffic matters arising under state law or city code,cases involving orders of protection,injunctions against harassment,and such other civil cases as may be authorized by law; and (D) Not receive additional compensation for performing such duties. 3 § 5-1-6 MAC T'��JUDICIAL,ASSISTANTS. (A) In the absence of the presiding magistrate, or in e-instances where the presiding magistrate has been disqualified by the action of the prosecution, defendant,reeusation on the part of the presiding magistrate or other cause, a judicial assistant ma hear such criminal action. IIo ever judicial assistants ma oni crforra� inisterial or clerical non-discretionqjyjudicial duties on these matters as defined in this chapter under definitions and administrative no udicial duties as a l assistant has been riv to ex ate co inunications or has conducted independent factual research about a case while acting as court administrative staff, the judicial assistant shall not erfor�n an ma istrate duties in such case, (B) Judicial assistants shall be appointed by the council a on recommendation by the presiding magistrate with a minimum of a two year written contract as a. non-career contract emRlo ee. C M4i tfate, ..n �n� Judicial assistants do not have to be active members of the State Bar of Arizona. D) Judicial assistants shall complete the Ne Judie Oiienta.tion9 pass the exa as required by the Administrative Office of the Courts. k CJnder no circumstances �z?a a judicial assistant erfoa criminal trials civil in'unctions a ainst harassment or orders of protection hearin s but they may serve as a civil hearin officer in other cases. § 5-1-7-6 POWERS AND DUTIES OF PRESIDING MAGISTRATE. The powers and duties of the presiding magistrate shall include: (A) Those set forth and conferred upon the magistrate under the provisions of the state constitution and statutes, administrative orders of the State Supreme Court or Superior Court, and the ordinances and resolutions of the city; (B) The keeping of a docket in which shall be entered each action and the proceedings of the court therein; (C) Responsibility over fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law; (D) Payment of all fines, penalties and other monies collected by the court to the city finance director or his or her designee; 4 (E) Monthly report submittal to the council summarizing court activities; F Preparation of a schedule of traffic V10 at10TiS_--aot rn=d-olyrng-sue. d,,,ctr-ere- f ,-�, lstmg specific bail for each violation; (G) Supervision of the judicial and internal administrative functions of the municipal court in a professional manner utilizing appropriate management techniques to organize and direct the efficient operation of the court; (H) Department director status as a non-career employee under the Apache Junction Personnel Rules, and shall as any director, manage municipal court employee grievance procedures, termination, evaluation or other personnel related matters; (1) Delegation of duties and responsibilities to and supervision of ag- r-atm a�� judicial and non judicial personnel as necessary who directly affect the operation of the court; (J) Establishment and implementation of proper case management techniques and standards; (K) Determination of judicial assignments for each magistrate p 4em-and within guidelines established by council, establishment and maintenance of standard working hours and times to effectively discharge these assignments; (L) Establishment and implementation of standards and parameters for indigence screening and guidelines for the purpose of appointing defense counsel; (M) Establishment of specific parameters within the bounds of the law and sound management practice, under which a defendant shall be granted the time to pay monetary sentences imposed, and authority to specify the standards for establishment of payment amounts; (N) Exclusive supervisory authority over all court personnel while such personnel are performing work for the court, including, but not limited to., the court administrator, clerical support, courtroom support staff, and bailiffs and security screeners; (0) Exercising of administrative supervision over the court in accordance with the principle of judicial independence under the doctrine of separation of powers as defined in the Arizona State Constitution, Article 11I; (P) Exercising similar other administrative authority as necessary to maintain and enhance the ability of the court to do justice for all who come before the court; (Q) Cooperation and coordination with the presiding superior court judge(s) concerning the administration of the municipal court; and 5 (R) Keeping in custody and taking charge of and safely keeping and disposing of, according to court rules, all books,papers and records which may be filed or deposited in custody; destruction of all documents, records, instruments, books, papers, dispositions, exhibits and transcripts in any action or proceeding in the municipal court or otherwise filed or deposited in custody pursuant to rules established by the Supreme Court, and notification to the appropriate state office for records retention. § 5-1- -7 PROCEEDINGS OF COURT. (A) The proceedings shall be conducted in accordance with the Arizona State Constitution, applicable state statutes and rules of the State Supreme Court pertaining to municipal courts. The proceedings shall also be conducted in accordance with the Rules of Criminal Procedure for the Superior Court and r!ine t Arizona Revised Statutes ' t ,a=3-4n with re yard to the following, including the-but not limited to: pfevis siens-Fetafdmg-filing complaints, bail, initial �fap�ar�lzce °�rrai�ntin of leas consideration of lea a re��ncnts, �ond�acting trials, orders ofrotection4 injunctions against harass entg issuance of subpoenas, summons, warrants and punishment for disobedience so far as applicable and when not otherwise prescribed. (B) The magistrate shall cause to be prepared a schedule of criminal traffic or misdemeanor violations listing specific bail for each violation. (C) The magistrate shall cause to be prepared a schedule of civil traffic violations, listing a specific deposit for each violation. (D) When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. (E) A sentence of a fine, imprisonment or both, and other things such as probation, community restitution,victim restitution, counseling and screening,_4RggLn1aqqggMg]2t and other appropriate requirements, may be pronounced at the time of sentencing and shall be included in the judgment and sentencimy, documents. (F) If the court sentences the defendant to pay a fine, and the defendant fails to comply with the order,the court, after a hearing,may order that the defendant receive credit toward payment of the fine for jail time served as determined by state law for each day of imprisonment. (G) The sentence, shall not extend beyond the term of imprisonment for which the defendant might be sentenced for the offense of which the defendant has been found guilty. (H) A sentence and judgment that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien such as which can typically be ordered in a civil action. 6 § 5-1-9-8 FORMATION AND SUMMONING OF JURIES; JUROR PAY. (A) The formation and summoning of juries and drawing and disposition of names and impaneling of jurors in municipal court shall be done in the same manner as provided for by law in courts of record,or as permitted by A.R.S. § 21-33 1, and as may be amended from time to time. (B) Each juror shall be paid by the city for each day in attendance in the municipal court a sum as provided for in state statutes for payment of jurors, as may be amended from time to time. § 5-1-4-0-9 COURT PERSONNEL. (A) Unless otherwise noted in this cha pter, Tthe authority of the presiding magistrate for making decisions regarding the overall function of the court applies to decisions concerning handling of court mail and records,hiring, supervision,discipline and dismissal of court personnel, provided that decisions regarding hiring, supervision and dismissal of court personnel are consistent with the municipal court personnel policy. Personnel rules adopted by the city for the employment, grievance procedures, termination, sick leave, overtime, vacation time and other items are applicable to employees of the municipal court,unless otherwise stated in a written policy approved by the presiding magistrate. In employing additional personnel, the existing city personnel procedures shall be followed. § 5-1-44-10 HOME DETENTION AND CONTINUOUS ALCOHOL MONITORING. (A) As authorized by A.R.S. § 9-499.07, if a person is sentenced to jail confinement by the municipal court, the court may substitute home detention or continuous alcohol monitoring, or both, for a portion of the jail term as provided in this section. (B) A person is not eligible for home detention or continuous alcohol monitoring when substituted for jail, if any of the following apply: (1) The person constitutes a risk to himself or other members of the community; (2) The person has a history of violent behavior; (3) The conviction for which the person is being sentenced is a domestic violence offense pursuant to A.R.S. § 13-3601; (4) The conviction for which the person is being sentenced is an act of prostitution or solicitation pursuant to A.R.S. § 13-3214. ip iffeafeeratiefi-. 7 (D�C) If the person is sentenced under A.R.S. § 28-1381(K) or A.R.S. § 28-1382(D) or(E), the person must first serve a minimum of 20% of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring and shall Tay the incarceration costsg ifthe person is sentenced under A.R.S. 2§ 8m1381I the person shall first serve a minimum of twenty four L24L urs in *ail. ho.....J_ (E;D) A person placed under home detention shall be subject to electronic monitoring in the person's home, and shall be required to remain at home during the hours specified by the court. If a person is sentenced under A.R.S. §§ 28-1381 or 28-1382, the person shall be tested at least once daily for the use of alcohol or drugs in a manner approved by the court. (flE) If the person attends educational classes or is employed, the court may permit the person to attend classes or leave home for employment during specified hours. The court may permit the person to also attend religious services or funerals, or to seek medical care. (G�F) The court may require a person under home detention to participate in community restitution work, or impose other reasonable requirements or restrictions the court deems necessary. (HG) A person under home detention or continuous alcohol monitoring shall be required to pay the full cost of the electronic monitoring and alcohol or drug testing, plus administrative fees established by the presiding magistrate. The court may assess a lesser amount,based on the ability of the person to pay after income verification is confirmed. (III) The court shall terminate a person's home detention or continuous alcohol monitoring and require the person to complete the remaining term of the jail sentence by jail confinement, if the court finds the person has not successfully completed court-ordered alcohol or drug screening and treatment pursuant to A.R.S. §§ 28-1381 or 28-1382, or the person has improperly left the home during home detention, or failed to comply with the continuous alcohol monitoring program requirements. The court may terminate a person's home detention or continuous alcohol monitoring and require jail confinement for any other violation of the terms of the home detention or continuous alcohol monitoring order. (H) The court may use continuous alcohol monitoring alone or in conjunction with any other sentence requirements as a term of probation. (1Q) A person who is in q-program pursuant to this section shall bear the cost of all testing, monitoring and enrollment in the program, and pay $30 per month while in the program, unless, after determining the inability of the defendant prisener-to pay the cost, the court assesses a lesser amount. The court shall use the collected monies to offset operational costs of the program. (I I ) This pro gram can only be ten-ninated by a majority vote of the city council. 8 L All other provisions of A.R.S. § 9-499.07 shall be followed by the court if not already stated above. 9 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 16. File ID: 21-422 Sponsor:Jennifer Pena Agenda Date:9/7/2021 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, September 20th and Executive Session at 6:00 P.M. for Tuesday, September 21st in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 9/1/2021