Meeting Community and Cultural Investment Subcommittee-5/3/2023 complete
2023-05-03 · Community and Cultural Investment Subcommittee
Items: 112
Community and Cultural Investment Subcommittee
Synced: 2026-05-28 03:37 AZ
Item text
Summary
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.
Responsible Department
This item is submitted by the Mayor's Office.
Page 15
ATTACHMENT A
To: City Council Date: May 3, 2023
From: Mayor Kate Gallego
Subject: BOARDS AND COMMISSIONS – APPOINTEES
The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:
Audit Committee
I recommend the following for appointment:
Adam Lang
Mr. Lang is a partner at Snell & Wilmer. He fills a vacancy for a term to expire July 1,
2024.
Board of Adjustment
I recommend the following for appointment:
Wallace Graham
Mr. Graham is the President of Pleinbridge Consulting and a resident of District 6. He
replaces Richard Cole for a term to expire May 3, 2027.
Development Advisory Board
I recommend the following for appointment:
Harry Curtin
Mr. Curtin is the founder and Chief Executive Officer of BestIT and a resident of District
6. He fills a Neighborhood Interest vacancy for a term to expire May 3, 2026.
Environmental Quality and Sustainability Commission
I recommend the following for appointment:
Page 16
Orlando Cazarez
Mr. Cazarez is the Chief Executive Officer at Arizona Sustainability Alliance and will
serve a term to expire May 3, 2026.
Human Relations Commission
I recommend the following for appointment:
Ricardo Leonard
Mr. Leonard is Vice President of the Salt River Pima-Maricopa Indian Community. He
fills a vacancy for a term to expire May 3, 2026.
Industrial Development Authority
I recommend the following for appointment:
Mark Moeremans
Mr. Moeremans is the Managing Director of the Journey Venture Studio and a resident
of District 6. He fills the seat vacated by David Lujan and will fulfill the partial term to
expire November 1, 2023.
Phoenix Business Workforce Development Board
I recommend the following for appointment:
Ginger Lane
Ms. Lane is a Customer Ambassador at Lumen and a member of Communications
Workers Association. She fills a vacancy for a term to expire June 30, 2025.
Stephanie Rimmer
Ms. Rimmer is the owner and Vice President of Rimmer Lighting LLC. She fills a
vacancy for a term to expire June 30, 2025.
Page 17
Report
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.
Responsible Department
This item is submitted by the Mayor's Office.
Page 15
ATTACHMENT A
To: City Council Date: May 3, 2023
From: Mayor Kate Gallego
Subject: BOARDS AND COMMISSIONS – APPOINTEES
The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:
Audit Committee
I recommend the following for appointment:
Adam Lang
Mr. Lang is a partner at Snell & Wilmer. He fills a vacancy for a term to expire July 1,
2024.
Board of Adjustment
I recommend the following for appointment:
Wallace Graham
Mr. Graham is the President of Pleinbridge Consulting and a resident of District 6. He
replaces Richard Cole for a term to expire May 3, 2027.
Development Advisory Board
I recommend the following for appointment:
Harry Curtin
Mr. Curtin is the founder and Chief Executive Officer of BestIT and a resident of District
6. He fills a Neighborhood Interest vacancy for a term to expire May 3, 2026.
Environmental Quality and Sustainability Commission
I recommend the following for appointment:
Page 16
Orlando Cazarez
Mr. Cazarez is the Chief Executive Officer at Arizona Sustainability Alliance and will
serve a term to expire May 3, 2026.
Human Relations Commission
I recommend the following for appointment:
Ricardo Leonard
Mr. Leonard is Vice President of the Salt River Pima-Maricopa Indian Community. He
fills a vacancy for a term to expire May 3, 2026.
Industrial Development Authority
I recommend the following for appointment:
Mark Moeremans
Mr. Moeremans is the Managing Director of the Journey Venture Studio and a resident
of District 6. He fills the seat vacated by David Lujan and will fulfill the partial term to
expire November 1, 2023.
Phoenix Business Workforce Development Board
I recommend the following for appointment:
Ginger Lane
Ms. Lane is a Customer Ambassador at Lumen and a member of Communications
Workers Association. She fills a vacancy for a term to expire June 30, 2025.
Stephanie Rimmer
Ms. Rimmer is the owner and Vice President of Rimmer Lighting LLC. She fills a
vacancy for a term to expire June 30, 2025.
Page 17
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - First Watch Restaurant #1007
Request for a liquor license. Arizona State License Application 237870.
Summary
Applicant
Joanne Feinstein, Agent
License Type
Series 12 - Restaurant
Location
4261 W. Thunderbird Road
Zoning Classification: PSC
Council District: 1
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
has plans to open in June 2023.
The 60-day limit for processing this application is May 28, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
Page 18
applicant in the State of Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“As Chief Legal Officer and Secretary of First Watch Restaurants, Inc., I personally
have 20 plus years of management experience in the hospitality industry starting with
Hard Rock Cafe International in 1997 and then at First Watch Restaurants beginning in
2018. First Watch Restaurants, Inc. is a publicly traded company with 430+ restaurants
in 28 states, and currently holds more than 262 liquor licenses in numerous
jurisdictions across the United States. To date, First Watch has never had a citation or
violation against one of those liquor licenses. First Watch participates in responsible
server training as required by law and as a matter of good practice where optional in
all our locations.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The issuance of liquor licenses enhance First Watch's already successful business
model and supports additional jobs in the restaurant. First Watch continues to be a
family-oriented restaurant company with closing hours daily at 2:30 pm. The addition of
alcoholic beverages on the menu provides a wider selection and enhanced experience
for legal drinking age customers. First Watch's primary revenue generator continues to
be food/meals, and the addition of alcoholic beverages to the menu provides additional
options for customers.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - First Watch Restaurant #1007
Liquor License Map - First Watch Restaurant #1007
Page 19
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 20
Liquor License Data: FIRST WATCH RESTAURANT #1007
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 1 1
Beer and Wine Bar 7 1 0
Liquor Store 9 5 0
Beer and Wine Store 10 2 1
Restaurant 12 7 1
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 39.14 9.55
Violent Crimes 11.25 7.48 2.22
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 39
Total Violations 89 68
Page 21
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1042021 1471 85 2 7
1042023 1420 88 18 4
1042121 1193 15 0 17
1042123 1683 79 0 10
1042124 2501 80 3 5
1042181 1368 85 8 6
1042191 1602 85 0 13
Average 0 61 13 19
Page 22
Liquor License Map: FIRST WATCH RESTAURANT #1007
4261 W THUNDERBIRD RD
Ü
Date: 3/30/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 23
Report
Request for a liquor license. Arizona State License Application 237870.
Summary
Applicant
Joanne Feinstein, Agent
License Type
Series 12 - Restaurant
Location
4261 W. Thunderbird Road
Zoning Classification: PSC
Council District: 1
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
has plans to open in June 2023.
The 60-day limit for processing this application is May 28, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
Page 18
applicant in the State of Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“As Chief Legal Officer and Secretary of First Watch Restaurants, Inc., I personally
have 20 plus years of management experience in the hospitality industry starting with
Hard Rock Cafe International in 1997 and then at First Watch Restaurants beginning in
2018. First Watch Restaurants, Inc. is a publicly traded company with 430+ restaurants
in 28 states, and currently holds more than 262 liquor licenses in numerous
jurisdictions across the United States. To date, First Watch has never had a citation or
violation against one of those liquor licenses. First Watch participates in responsible
server training as required by law and as a matter of good practice where optional in
all our locations.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The issuance of liquor licenses enhance First Watch's already successful business
model and supports additional jobs in the restaurant. First Watch continues to be a
family-oriented restaurant company with closing hours daily at 2:30 pm. The addition of
alcoholic beverages on the menu provides a wider selection and enhanced experience
for legal drinking age customers. First Watch's primary revenue generator continues to
be food/meals, and the addition of alcoholic beverages to the menu provides additional
options for customers.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - First Watch Restaurant #1007
Liquor License Map - First Watch Restaurant #1007
Page 19
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 20
Liquor License Data: FIRST WATCH RESTAURANT #1007
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 1 1
Beer and Wine Bar 7 1 0
Liquor Store 9 5 0
Beer and Wine Store 10 2 1
Restaurant 12 7 1
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 39.14 9.55
Violent Crimes 11.25 7.48 2.22
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 39
Total Violations 89 68
Page 21
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1042021 1471 85 2 7
1042023 1420 88 18 4
1042121 1193 15 0 17
1042123 1683 79 0 10
1042124 2501 80 3 5
1042181 1368 85 8 6
1042191 1602 85 0 13
Average 0 61 13 19
Page 22
Liquor License Map: FIRST WATCH RESTAURANT #1007
4261 W THUNDERBIRD RD
Ü
Date: 3/30/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 23
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Humble Pie Pizza Wine & Spirits
Request for a liquor license. Arizona State License Application 237338.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 12 - Restaurant
Location
3890 W. Happy Valley Road, Ste.169
Zoning Classification: C-2 PCD
Council District: 1
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 22, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
Page 24
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Humble Bistro (Series 7 and Series 12)
5415 E. High St., Ste. 127, Phoenix
Calls for police service: 21
Liquor license violations: None
Humble Bistro & Market (Series 10 and Series 12)
1524 E. Williams Field Road, Ste. 101, Gilbert
Calls for police service: N/A - Not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Humble Pie Pizza, Wine and Spirits is a neighborhood restaurant featuring pizza,
pasta, burgers, sandwiches, salads, and soup in a family-friendly environment.
Applicant would like to continue to offer guests 21 and over the opportunity to enjoy
alcoholic beverages as an incident to the meals served.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Humble Pie Pizza Wine & Spirits
Liquor License Map - Humble Pie Pizza Wine & Spirits
Page 25
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 26
Page 27
Page 28
Page 29
Report
Request for a liquor license. Arizona State License Application 237338.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 12 - Restaurant
Location
3890 W. Happy Valley Road, Ste.169
Zoning Classification: C-2 PCD
Council District: 1
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 22, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
Page 24
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Humble Bistro (Series 7 and Series 12)
5415 E. High St., Ste. 127, Phoenix
Calls for police service: 21
Liquor license violations: None
Humble Bistro & Market (Series 10 and Series 12)
1524 E. Williams Field Road, Ste. 101, Gilbert
Calls for police service: N/A - Not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Humble Pie Pizza, Wine and Spirits is a neighborhood restaurant featuring pizza,
pasta, burgers, sandwiches, salads, and soup in a family-friendly environment.
Applicant would like to continue to offer guests 21 and over the opportunity to enjoy
alcoholic beverages as an incident to the meals served.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Humble Pie Pizza Wine & Spirits
Liquor License Map - Humble Pie Pizza Wine & Spirits
Page 25
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 26
Page 27
Page 28
Page 29
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Anyway Smoke Shop
Request for a liquor license. Arizona State License Application 10076952.
Summary
Applicant
Jandark Savaya, Agent
License Type
Series 10 - Beer and Wine Store
Location
6245 E. Bell Road, Ste. 100
Zoning Classification: C-1
Council District: 2
This request is for an acquisition of control of an existing liquor license for a tobacco
shop. This location requires a Use Permit to allow package liquor sales.
The 60-day limit for processing this application is May 7, 2023.
Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
Page 30
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I am healthy physically and mentally. I am motivated and determined to take care of
anything that may come up. I have help and support from friends and family when
needed.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 31
Report
Request for a liquor license. Arizona State License Application 10076952.
Summary
Applicant
Jandark Savaya, Agent
License Type
Series 10 - Beer and Wine Store
Location
6245 E. Bell Road, Ste. 100
Zoning Classification: C-1
Council District: 2
This request is for an acquisition of control of an existing liquor license for a tobacco
shop. This location requires a Use Permit to allow package liquor sales.
The 60-day limit for processing this application is May 7, 2023.
Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
Page 30
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I am healthy physically and mentally. I am motivated and determined to take care of
anything that may come up. I have help and support from friends and family when
needed.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 31
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Cedar Room
Request for a liquor license. Arizona State License Application 06073607.
Summary
Applicant
Attaf Sweis, Agent
License Type
Series 6 - Bar
Location
4613 E. Carefree Highway
Zoning Classification: C-2
Council District: 2
This request is for an ownership and location transfer of a liquor license for a bar. This
location was not previously licensed for liquor sales and does not have an interim
permit.This location requires a Use Permit to allow outdoor alcohol consumption. This
business is currently under construction with plans to open in January 2024.
The 60-day limit for processing this application is May 9, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
Page 32
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Cedar Room (Series 7)
20715 N. Pima Road, Ste. F100, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have owed an operated an existing business for over 6 years w/a liquor licence with
zero issues and have been compliant with all rules, regulations, trainings and local
laws. Prior to Cedar Room, 17 year corporate career with several Fortune 100
Companies.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Cedar Room has been a very close knit business with our current operation in
Scottsdale for over 6 years. We are passionate about joining a community and add
further community involvement, support and a place of local connectivity with products
and services that fill a void in the area that arises from market intelligence and
consumer demand.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Cedar Room
Liquor License Map - Cedar Room
Page 33
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 34
Page 35
Page 36
Report
Request for a liquor license. Arizona State License Application 06073607.
Summary
Applicant
Attaf Sweis, Agent
License Type
Series 6 - Bar
Location
4613 E. Carefree Highway
Zoning Classification: C-2
Council District: 2
This request is for an ownership and location transfer of a liquor license for a bar. This
location was not previously licensed for liquor sales and does not have an interim
permit.This location requires a Use Permit to allow outdoor alcohol consumption. This
business is currently under construction with plans to open in January 2024.
The 60-day limit for processing this application is May 9, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
Page 32
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Cedar Room (Series 7)
20715 N. Pima Road, Ste. F100, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have owed an operated an existing business for over 6 years w/a liquor licence with
zero issues and have been compliant with all rules, regulations, trainings and local
laws. Prior to Cedar Room, 17 year corporate career with several Fortune 100
Companies.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Cedar Room has been a very close knit business with our current operation in
Scottsdale for over 6 years. We are passionate about joining a community and add
further community involvement, support and a place of local connectivity with products
and services that fill a void in the area that arises from market intelligence and
consumer demand.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Cedar Room
Liquor License Map - Cedar Room
Page 33
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 34
Page 35
Page 36
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Connolly's Sports Grill
Request for a liquor license. Arizona State License Application 238002.
Summary
Applicant
Kimberly Burr, Agent
License Type
Series 6 - Bar
Location
2605 W. Carefree Highway, Ste. 140
Zoning Classification: C2-PCD
Council District: 2
This request is for an ownership transfer of a liquor license for a bar. This location was
previously licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 21, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 37
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have worked and managed Connollys Sports Grill for the last 14 years which has
provided me not only the hands on experience, but the tools to lead me into the
ownership of this establishment. All of our employees and managers are trained on the
state and municipal liquor laws and have Title 4 liquor law training.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Connolly's Sports Grill has been a staple in the north Phoenix area for 14 years
providing the public, its loyal patrons, and growing community a great place to have a
delicious meal, sip a cocktail, relax, and socialize.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Connolly's Sports Grill
Liquor License Map - Connolly's Sports Grill
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 38
Page 39
Page 40
Report
Request for a liquor license. Arizona State License Application 238002.
Summary
Applicant
Kimberly Burr, Agent
License Type
Series 6 - Bar
Location
2605 W. Carefree Highway, Ste. 140
Zoning Classification: C2-PCD
Council District: 2
This request is for an ownership transfer of a liquor license for a bar. This location was
previously licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 21, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 37
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have worked and managed Connollys Sports Grill for the last 14 years which has
provided me not only the hands on experience, but the tools to lead me into the
ownership of this establishment. All of our employees and managers are trained on the
state and municipal liquor laws and have Title 4 liquor law training.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Connolly's Sports Grill has been a staple in the north Phoenix area for 14 years
providing the public, its loyal patrons, and growing community a great place to have a
delicious meal, sip a cocktail, relax, and socialize.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Connolly's Sports Grill
Liquor License Map - Connolly's Sports Grill
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 38
Page 39
Page 40
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Crafted Beer and Wine
Request for a liquor license. Arizona State License Application 237092.
Summary
Applicant
Marcus Freeland, Agent
License Type
Series 10 and 10S - Beer and Wine Store with Sampling Privileges
Location
15030 N. Tatum Blvd., Ste. 110
Zoning Classification: C-1
Council District: 2
This request is for a new liquor license with sampling privileges for a beer and wine
store. This location was not previously licensed for liquor sales and does not have an
interim permit. This location requires a Use Permit to allow package liquor sales. This
business has plans to open in June 2023.
The 60-day limit for processing this application is May 26, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
Page 41
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have over 10 years experience in managing retail spaces in corporate structures
with responsibilities including management of inventory, adhering to corporate and
government regulations, maintaining certifications and licenses, and managing
employees. During my career in marketing in the finance industry I've worked with
government entities to ensure that retail conveyance of services/goods sold were done
in accordance with government regulation while providing a unique and exciting
customer experience for consumers.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The issuance of this liquor license will enable residents in the community to access a
large selection of craft beer and wine that can be enjoyed in the convenience of their
own home. Typically, craft beer and wine products have very limited selections
available at non-specialty stores or dining establishments. Residents that do not want
to dine out or drive home after consuming will have a store to discover craft selections,
making it convenient to purchase and enjoy craft spirituous liquors.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Crafted Beer and Wine
Liquor License Map - Crafted Beer and Wine
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 42
Page 43
Page 44
Report
Request for a liquor license. Arizona State License Application 237092.
Summary
Applicant
Marcus Freeland, Agent
License Type
Series 10 and 10S - Beer and Wine Store with Sampling Privileges
Location
15030 N. Tatum Blvd., Ste. 110
Zoning Classification: C-1
Council District: 2
This request is for a new liquor license with sampling privileges for a beer and wine
store. This location was not previously licensed for liquor sales and does not have an
interim permit. This location requires a Use Permit to allow package liquor sales. This
business has plans to open in June 2023.
The 60-day limit for processing this application is May 26, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
Page 41
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have over 10 years experience in managing retail spaces in corporate structures
with responsibilities including management of inventory, adhering to corporate and
government regulations, maintaining certifications and licenses, and managing
employees. During my career in marketing in the finance industry I've worked with
government entities to ensure that retail conveyance of services/goods sold were done
in accordance with government regulation while providing a unique and exciting
customer experience for consumers.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The issuance of this liquor license will enable residents in the community to access a
large selection of craft beer and wine that can be enjoyed in the convenience of their
own home. Typically, craft beer and wine products have very limited selections
available at non-specialty stores or dining establishments. Residents that do not want
to dine out or drive home after consuming will have a store to discover craft selections,
making it convenient to purchase and enjoy craft spirituous liquors.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Crafted Beer and Wine
Liquor License Map - Crafted Beer and Wine
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 42
Page 43
Page 44
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Grapes and Hops Wine Bar & Shop
Request for a liquor license. Arizona State License Application 07070366.
Summary
Applicant
Jeffrey Miller, Agent
License Type
Series 7 - Beer and Wine Bar
Location
4843 E. Greenway Road
Zoning Classification: PSC
Council District: 2
This request is for an ownership and location transfer of a liquor license for a beer and
wine bar. This location was not previously licensed for liquor sales and does not have
an interim permit. This location requires a variance to allow a bar. This location is
currently being remodeled with plans to open in July 2023.
The 60-day limit for processing this application is May 13, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
Page 45
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“We will ensure our employees are selected from a pool of qualified and customer
centric people. Our employees will go through all the required training.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are a small neighborhood wine bar serving craft beer, wine and pre-packaged
charcuteri small bites. While beer and wine are served, the shop will also have a
boutique with local art and gift baskets to go.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Grapes and Hops Wine Bar & Shop
Liquor License Map - Grapes and Hops Wine Bar & Shop
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 46
Liquor License Data: GRAPES AND HOPS WINE BAR & SHOP
Liquor License
Description Series 1 Mile 1/2 Mile
Liquor Store 9 4 2
Beer and Wine Store 10 3 2
Restaurant 12 10 3
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 1.03 1.59
Violent Crimes 11.25 0.13 0.1
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 30
Total Violations 90 41
Page 47
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1032112 1945 90 10 2
1032121 2007 97 6 1
1032123 1092 97 13 7
1032152 1418 91 18 4
1032162 1982 84 0 4
1032163 1647 68 5 2
Average 0 61 13 19
Page 48
Liquor License Map: GRAPES AND HOPS WINE BAR & SHOP
4843 E GREENWAY RD
Ü
Date: 3/21/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 49
Report
Request for a liquor license. Arizona State License Application 07070366.
Summary
Applicant
Jeffrey Miller, Agent
License Type
Series 7 - Beer and Wine Bar
Location
4843 E. Greenway Road
Zoning Classification: PSC
Council District: 2
This request is for an ownership and location transfer of a liquor license for a beer and
wine bar. This location was not previously licensed for liquor sales and does not have
an interim permit. This location requires a variance to allow a bar. This location is
currently being remodeled with plans to open in July 2023.
The 60-day limit for processing this application is May 13, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
Page 45
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“We will ensure our employees are selected from a pool of qualified and customer
centric people. Our employees will go through all the required training.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are a small neighborhood wine bar serving craft beer, wine and pre-packaged
charcuteri small bites. While beer and wine are served, the shop will also have a
boutique with local art and gift baskets to go.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Grapes and Hops Wine Bar & Shop
Liquor License Map - Grapes and Hops Wine Bar & Shop
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 46
Liquor License Data: GRAPES AND HOPS WINE BAR & SHOP
Liquor License
Description Series 1 Mile 1/2 Mile
Liquor Store 9 4 2
Beer and Wine Store 10 3 2
Restaurant 12 10 3
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 1.03 1.59
Violent Crimes 11.25 0.13 0.1
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 30
Total Violations 90 41
Page 47
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1032112 1945 90 10 2
1032121 2007 97 6 1
1032123 1092 97 13 7
1032152 1418 91 18 4
1032162 1982 84 0 4
1032163 1647 68 5 2
Average 0 61 13 19
Page 48
Liquor License Map: GRAPES AND HOPS WINE BAR & SHOP
4843 E GREENWAY RD
Ü
Date: 3/21/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 49
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Hana Sushi
Request for a liquor license. Arizona State License Application 239114.
Summary
Applicant
Chang Kang, Agent
License Type
Series 12 - Restaurant
Location
602 W. Union Hills Dr., Ste. 3
Zoning Classification: C-1
Council District: 2
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 28, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 50
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have been working in the food industry for over 20 years and I have shown
responsibility and commitment to fulfill the law. I also took the basic and management
liquor license course at Mereco Inc-AAEC this year.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Basic Class-Mereco Inc-AAEC on 3/25/23. Management-Mereco Inc- AAEC on
3/26/23.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Hana Sushi
Liquor License Map - Hana Sushi
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 51
Page 52
Page 53
Page 54
Report
Request for a liquor license. Arizona State License Application 239114.
Summary
Applicant
Chang Kang, Agent
License Type
Series 12 - Restaurant
Location
602 W. Union Hills Dr., Ste. 3
Zoning Classification: C-1
Council District: 2
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 28, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 50
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have been working in the food industry for over 20 years and I have shown
responsibility and commitment to fulfill the law. I also took the basic and management
liquor license course at Mereco Inc-AAEC this year.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Basic Class-Mereco Inc-AAEC on 3/25/23. Management-Mereco Inc- AAEC on
3/26/23.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Hana Sushi
Liquor License Map - Hana Sushi
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 51
Page 52
Page 53
Page 54
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Humble Oysters & Bubbles
Request for a liquor license. Arizona State License Application 237333.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 12 - Restaurant
Location
5415 E. High St., Ste. 121
Zoning Classification: C-2 DRSP
Council District: 2
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow outdoor dining and outdoor alcohol consumption.
The 60-day limit for processing this application is May 21, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
Page 55
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Humble Bistro & Market (Series 10 and Series 12)
1524 E. Williams Field Road, Ste. 101, Gilbert
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Humble Bistro (Series 7)
5415 E. High St., Ste. 127, Phoenix
Calls for police service: 21
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“From the owners of Humble Bistro, Humble Oysters & Bubbles will feature high-
quality, fresh seafood and cocktails in a casual yet sophisticated setting. Applicant
would like to offer guests 21 and over the opportunity to enjoy alcoholic beverages with
the meals served.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Page 56
Liquor License Data - Humble Oysters & Bubbles
Liquor License Map - Humble Oysters & Bubbles
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 57
Liquor License Data: HUMBLE OYSTERS & BUBBLES
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 10 7
Beer and Wine Bar 7 5 3
Liquor Store 9 3 3
Beer and Wine Store 10 5 3
Restaurant 12 33 26
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 9.39 14.75
Violent Crimes 11.25 0.74 1.48
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 0
Total Violations 89 0
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
6152001 1993 8 29 12
6152002 2127 70 10 4
Average 0 61 13 19
Page 58
Liquor License Map: HUMBLE OYSTERS & BUBBLES
5415 E HIGH ST
Ü
Date: 3/27/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 59
Report
Request for a liquor license. Arizona State License Application 237333.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 12 - Restaurant
Location
5415 E. High St., Ste. 121
Zoning Classification: C-2 DRSP
Council District: 2
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow outdoor dining and outdoor alcohol consumption.
The 60-day limit for processing this application is May 21, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
Page 55
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Humble Bistro & Market (Series 10 and Series 12)
1524 E. Williams Field Road, Ste. 101, Gilbert
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Humble Bistro (Series 7)
5415 E. High St., Ste. 127, Phoenix
Calls for police service: 21
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“From the owners of Humble Bistro, Humble Oysters & Bubbles will feature high-
quality, fresh seafood and cocktails in a casual yet sophisticated setting. Applicant
would like to offer guests 21 and over the opportunity to enjoy alcoholic beverages with
the meals served.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Page 56
Liquor License Data - Humble Oysters & Bubbles
Liquor License Map - Humble Oysters & Bubbles
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 57
Liquor License Data: HUMBLE OYSTERS & BUBBLES
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 10 7
Beer and Wine Bar 7 5 3
Liquor Store 9 3 3
Beer and Wine Store 10 5 3
Restaurant 12 33 26
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 9.39 14.75
Violent Crimes 11.25 0.74 1.48
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 0
Total Violations 89 0
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
6152001 1993 8 29 12
6152002 2127 70 10 4
Average 0 61 13 19
Page 58
Liquor License Map: HUMBLE OYSTERS & BUBBLES
5415 E HIGH ST
Ü
Date: 3/27/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 59
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Trevor's
Request for a liquor license. Arizona State License Application 238533.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 7 - Beer and Wine Bar
Location
7000 E. Mayo Blvd., Bldg. 25
Zoning Classification: PUD PCD
Council District: 2
This request is for a new liquor license for a beer and wine bar. This location was
previously licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application is May 30, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
Page 60
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Trevor's (Series 9 and Series 12)
7000 E. Mayo Blvd., Bldg. 25, Phoenix
Calls for police service: 265
Liquor license violations: None
Trevor's (Series 7 and Series 9)
7340 E. McDowell Road, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is an experienced licensee committed to upholding the highest standards to
maintain compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Trevor's would like to offer guests the opportunity to consume beer and wine at the
licensed premises.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Trevor's
Liquor License Map - Trevor's
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department
Page 61
Page 62
Page 63
Report
Request for a liquor license. Arizona State License Application 238533.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 7 - Beer and Wine Bar
Location
7000 E. Mayo Blvd., Bldg. 25
Zoning Classification: PUD PCD
Council District: 2
This request is for a new liquor license for a beer and wine bar. This location was
previously licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application is May 30, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
Page 60
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Trevor's (Series 9 and Series 12)
7000 E. Mayo Blvd., Bldg. 25, Phoenix
Calls for police service: 265
Liquor license violations: None
Trevor's (Series 7 and Series 9)
7340 E. McDowell Road, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is an experienced licensee committed to upholding the highest standards to
maintain compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Trevor's would like to offer guests the opportunity to consume beer and wine at the
licensed premises.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Trevor's
Liquor License Map - Trevor's
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department
Page 61
Page 62
Page 63
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Request for a liquor license. Arizona State License Application 236319.
Summary
Applicant
Jeffrey Miller, Agent
License Type
Series 12 - Restaurant
Location
4912 E. Shea Blvd., Ste. 101
Zoning Classification: C-1
Council District: 3
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit for the sale of alcohol, outdoor dining and outdoor alcohol
consumption.
The 60-day limit for processing this application is May 9, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Page 64
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“We have owned and operated several stores in Colorado. We will ensure our
employees attend the title 4 liquor law training courses.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Cheba Hut they serve mouth watering toasted subs on proprietar bread with
homemade sauces and a secret stash with local options. Cheba Hut is dedicated to
providing an eating experience with a relaxed environment.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Cheba Hut
Liquor License Map - Cheba Hut
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 65
Page 66
Page 67
Liquor License Map: CHEBA HUT
4912 E SHEA BLVD
E
,a
CJ
D C
n In
RI
M
Date: 3/15/2023
■ --=:::i-•□••••===:::::i••••mi
0.2 0.4 0.8 1.2 1.6
City Clerk Department
Page 68
Report
Summary
Applicant
Jeffrey Miller, Agent
License Type
Series 12 - Restaurant
Location
4912 E. Shea Blvd., Ste. 101
Zoning Classification: C-1
Council District: 3
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit for the sale of alcohol, outdoor dining and outdoor alcohol
consumption.
The 60-day limit for processing this application is May 9, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Page 64
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“We have owned and operated several stores in Colorado. We will ensure our
employees attend the title 4 liquor law training courses.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Cheba Hut they serve mouth watering toasted subs on proprietar bread with
homemade sauces and a secret stash with local options. Cheba Hut is dedicated to
providing an eating experience with a relaxed environment.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Cheba Hut
Liquor License Map - Cheba Hut
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 65
Page 66
Page 67
Liquor License Map: CHEBA HUT
4912 E SHEA BLVD
E
,a
CJ
D C
n In
RI
M
Date: 3/15/2023
■ --=:::i-•□••••===:::::i••••mi
0.2 0.4 0.8 1.2 1.6
City Clerk Department
Page 68
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - The One Stop & Shop
Request for a liquor license. Arizona State License Application 236304.
Summary
Applicant
John Curtis II, Agent
License Type
Series 10 - Beer and Wine Store
Location
12839 N. Cave Creek Road
Zoning Classification: C-2
Council District: 3
This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.
The 60-day limit for processing this application is May 13, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 69
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“The One Stop & Shop is a typical neighborhood convenience store. It is located at the
site of what has been a Circle K since at least 1984, which has sold beer and wine
since that time. The owner of The One Stop & Shop, LLC, Tony Youssef has operated
a business in this area for many years and knows the neighborhood and the neighbors
personally. Mr. Youssef is a successful local entrepreneur who is committed to
ensuring that The One Stop & Shop is operated professionally with the safety and
welfare of his patrons, employees and the neighborhood as his top priority. Mr.
Youssef's long-time residence in the area and his history of successfully operating
retail businesses establishes that he has the capability, reliability, and qualifications to
successfully and safely sell alcoholic beverages at its newest location in North
Phoenix.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The current site for The One Stop & Shop has been a convenience store serving the
local community for nearly four decades. The One Stop & Shop taking over this
location and upgrading it to improve the service and offerings fulfills the need in the
community for a convenient place to purchase necessaries, including beer and wine.
Thus, the public convenience requires and the best interests of the community will be
served by the issuance of a Series 10 liquor license at this location.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - The One Stop & Shop
Liquor License Map - The One Stop & Shop
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 70
Liquor License Data: THE ONE STOP & SHOP
Liquor License
Description Series 1 Mile 1/2 Mile
Wholesaler 4 1 1
Bar 6 1 0
Liquor Store 9 1 1
Beer and Wine Store 10 3 2
Restaurant 12 3 3
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 58.7 7.74
Violent Crimes 11.25 5.86 2.86
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 133
Total Violations 90 210
Page 71
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1035022 816 79 4 8
1035024 884 66 13 5
1035025 1744 70 0 4
1037011 968 37 20 12
1037012 1871 58 17 5
1037013 1355 42 20 23
1037023 1050 23 4 11
1048024 1057 65 0 29
Average 0 61 13 19
Page 72
Liquor License Map: THE ONE STOP & SHOP
12839 N CAVE CREEK RD
Ü
Date: 3/20/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 73
Report
Request for a liquor license. Arizona State License Application 236304.
Summary
Applicant
John Curtis II, Agent
License Type
Series 10 - Beer and Wine Store
Location
12839 N. Cave Creek Road
Zoning Classification: C-2
Council District: 3
This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.
The 60-day limit for processing this application is May 13, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 69
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“The One Stop & Shop is a typical neighborhood convenience store. It is located at the
site of what has been a Circle K since at least 1984, which has sold beer and wine
since that time. The owner of The One Stop & Shop, LLC, Tony Youssef has operated
a business in this area for many years and knows the neighborhood and the neighbors
personally. Mr. Youssef is a successful local entrepreneur who is committed to
ensuring that The One Stop & Shop is operated professionally with the safety and
welfare of his patrons, employees and the neighborhood as his top priority. Mr.
Youssef's long-time residence in the area and his history of successfully operating
retail businesses establishes that he has the capability, reliability, and qualifications to
successfully and safely sell alcoholic beverages at its newest location in North
Phoenix.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The current site for The One Stop & Shop has been a convenience store serving the
local community for nearly four decades. The One Stop & Shop taking over this
location and upgrading it to improve the service and offerings fulfills the need in the
community for a convenient place to purchase necessaries, including beer and wine.
Thus, the public convenience requires and the best interests of the community will be
served by the issuance of a Series 10 liquor license at this location.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - The One Stop & Shop
Liquor License Map - The One Stop & Shop
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 70
Liquor License Data: THE ONE STOP & SHOP
Liquor License
Description Series 1 Mile 1/2 Mile
Wholesaler 4 1 1
Bar 6 1 0
Liquor Store 9 1 1
Beer and Wine Store 10 3 2
Restaurant 12 3 3
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 58.7 7.74
Violent Crimes 11.25 5.86 2.86
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 133
Total Violations 90 210
Page 71
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1035022 816 79 4 8
1035024 884 66 13 5
1035025 1744 70 0 4
1037011 968 37 20 12
1037012 1871 58 17 5
1037013 1355 42 20 23
1037023 1050 23 4 11
1048024 1057 65 0 29
Average 0 61 13 19
Page 72
Liquor License Map: THE ONE STOP & SHOP
12839 N CAVE CREEK RD
Ü
Date: 3/20/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 73
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Yusef's Middle Eastern Grocery, Restaurant, Deli
Request for a liquor license. Arizona State License Application 234600.
Summary
Applicant
Jim Khnanisho, Agent
License Type
Series 10 - Beer and Wine Store
Location
15238 N. Cave Creek Road
Zoning Classification: C-2
Council District: 3
This request is for a new liquor license for a beer and wine store. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow package liquor sales.
The 60-day limit for processing this application is May 26, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Page 74
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have the experience and training due to owning a business for almost 20 years. I
also use to manage a restaurant that served alcohol prior to owning my own business.
I have a clean criminal record and consider myself a good moral person. Also my
community has been supportive of my idea to have a beer and wine license.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I will be selling beers and wines from the meddittereon. We will mainly carry imported
beers and wines that our people are not able to find just anywhere. We also have a big
neighborhood around the shop that can benefit from the convienence. Our community
is exciting about trying wines from around the world! These beers and wines fit in with
many of our grocery products.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Yusef's Middle Eastern Grocery, Restaurant, Deli
Liquor License Map - Yusef's Middle Eastern Grocery, Restaurant, Deli
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 75
Liquor License Data: YUSEF'S MIDDLE EASTERN
GROCERY, RESTAURANT, DELI
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 2 2
Liquor Store 9 3 1
Beer and Wine Store 10 7 6
Restaurant 12 4 2
Craft Distiller 18 1 1
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 31.74 19.74
Violent Crimes 11.25 5.38 3.6
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 116
Total Violations 90 222
Page 76
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1033061 921 18 28 32
1033062 2272 17 22 37
1035011 1381 67 5 23
1035012 999 80 8 26
1035024 884 66 13 5
1036061 1067 84 15 13
1036062 854 90 13 4
1036063 2174 78 13 25
1036071 1285 83 3 18
1036074 1299 89 0 3
Average 0 61 13 19
Page 77
Liquor License Map: YUSEF'S MIDDLE EASTERN GROCERY, RESTAURANT, DELI
15238 N CAVE CREEK RD
Ü
Date: 3/28/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 78
Report
Request for a liquor license. Arizona State License Application 234600.
Summary
Applicant
Jim Khnanisho, Agent
License Type
Series 10 - Beer and Wine Store
Location
15238 N. Cave Creek Road
Zoning Classification: C-2
Council District: 3
This request is for a new liquor license for a beer and wine store. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow package liquor sales.
The 60-day limit for processing this application is May 26, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Page 74
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have the experience and training due to owning a business for almost 20 years. I
also use to manage a restaurant that served alcohol prior to owning my own business.
I have a clean criminal record and consider myself a good moral person. Also my
community has been supportive of my idea to have a beer and wine license.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I will be selling beers and wines from the meddittereon. We will mainly carry imported
beers and wines that our people are not able to find just anywhere. We also have a big
neighborhood around the shop that can benefit from the convienence. Our community
is exciting about trying wines from around the world! These beers and wines fit in with
many of our grocery products.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Yusef's Middle Eastern Grocery, Restaurant, Deli
Liquor License Map - Yusef's Middle Eastern Grocery, Restaurant, Deli
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 75
Liquor License Data: YUSEF'S MIDDLE EASTERN
GROCERY, RESTAURANT, DELI
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 2 2
Liquor Store 9 3 1
Beer and Wine Store 10 7 6
Restaurant 12 4 2
Craft Distiller 18 1 1
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 31.74 19.74
Violent Crimes 11.25 5.38 3.6
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 116
Total Violations 90 222
Page 76
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1033061 921 18 28 32
1033062 2272 17 22 37
1035011 1381 67 5 23
1035012 999 80 8 26
1035024 884 66 13 5
1036061 1067 84 15 13
1036062 854 90 13 4
1036063 2174 78 13 25
1036071 1285 83 3 18
1036074 1299 89 0 3
Average 0 61 13 19
Page 77
Liquor License Map: YUSEF'S MIDDLE EASTERN GROCERY, RESTAURANT, DELI
15238 N CAVE CREEK RD
Ü
Date: 3/28/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 78
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Brunch Problems
Request for a liquor license. Arizona State License Application 236458.
Summary
Applicant
Jerome Greene Jr., Agent
License Type
Series 12 - Restaurant
Location
2603 N. Central Ave.
Zoning Classification: C-2 TOD-1
Council District: 4
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 9, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 79
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I am a responsible adult with the responsibility of serving responsible adults over the
age 21 alcoholic beverages. My goal is to ensure the safety of my patrons and those
around them. I took the title IV management, and fully understand my obligations.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I would never do anything to cause any harm to those around me, and I will do my
best to make sure they drink responsibly.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Brunch Problems
Liquor License Map - Brunch Problems
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 80
Liquor License Data: BRUNCH PROBLEMS
Liquor License
Description Series 1 Mile 1/2 Mile
Microbrewery 3 1 0
Wholesaler 4 1 0
Bar 6 7 4
Beer and Wine Bar 7 6 2
Liquor Store 9 6 1
Beer and Wine Store 10 11 4
Hotel 11 1 1
Restaurant 12 49 16
Club 14 1 1
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 921.31 1913.58
Violent Crimes 11.25 181.9 340.97
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 32
Total Violations 90 50
Page 81
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1105013 824 16 17 40
1105022 1216 28 19 23
1117004 1227 75 20 21
1118001 742 44 28 5
1118002 1030 67 9 17
1118003 996 65 15 4
1118004 671 62 6 6
Average 0 61 13 19
Page 82
Liquor License Map: BRUNCH PROBLEMS
2603 N CENTRAL AVE
Ü
Date: 3/14/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 83
Report
Request for a liquor license. Arizona State License Application 236458.
Summary
Applicant
Jerome Greene Jr., Agent
License Type
Series 12 - Restaurant
Location
2603 N. Central Ave.
Zoning Classification: C-2 TOD-1
Council District: 4
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 9, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 79
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I am a responsible adult with the responsibility of serving responsible adults over the
age 21 alcoholic beverages. My goal is to ensure the safety of my patrons and those
around them. I took the title IV management, and fully understand my obligations.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I would never do anything to cause any harm to those around me, and I will do my
best to make sure they drink responsibly.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Brunch Problems
Liquor License Map - Brunch Problems
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 80
Liquor License Data: BRUNCH PROBLEMS
Liquor License
Description Series 1 Mile 1/2 Mile
Microbrewery 3 1 0
Wholesaler 4 1 0
Bar 6 7 4
Beer and Wine Bar 7 6 2
Liquor Store 9 6 1
Beer and Wine Store 10 11 4
Hotel 11 1 1
Restaurant 12 49 16
Club 14 1 1
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 921.31 1913.58
Violent Crimes 11.25 181.9 340.97
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 32
Total Violations 90 50
Page 81
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1105013 824 16 17 40
1105022 1216 28 19 23
1117004 1227 75 20 21
1118001 742 44 28 5
1118002 1030 67 9 17
1118003 996 65 15 4
1118004 671 62 6 6
Average 0 61 13 19
Page 82
Liquor License Map: BRUNCH PROBLEMS
2603 N CENTRAL AVE
Ü
Date: 3/14/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 83
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - HB Hanratty's
Request for a liquor license. Arizona State License Application 06070358.
Summary
Applicant
Jeffrey Miller, Agent
License Type
Series 6 - Bar
Location
537 E. Camelback Road
Zoning Classification: C-2
Council District: 4
This request is for an ownership transfer of a liquor license for a bar. This location was
previously licensed for liquor sales and may currently operate with an interim permit.
This location requires a Use Permit to allow outdoor dining and outdoor alcoholic
beverage consumption.
The 60-day limit for processing this application is May 29, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Page 84
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“HB Handratty's Pub is a long existing fixture of the Phoenix Uptown community
providing a clean, safe, relaxing venue for adults to meet and share relaxation time
enjoying liquor w/out violence or drama. Robin Tuttle sole owner and Misty Kirk GM will
continue operating the pub with this tradition. Robin is an experienced business owner,
previously owning a similar venue, Misty is a well respected manager and bartender.
Our goal is to continue as a valued contributor to the community while reaching out to
be all inclusive”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
"Our goal is continue as a valued contributor to the community while reaching out to be
all inclusive. One of our key mottoes is about non-discrimination and it states
'intolerance is not tolerated'.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - HB Hanratty's
Liquor License Map - HB Hanratty's
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 85
Liquor License Data: HB HANRATTY'S
Liquor License
Description Series 1 Mile 1/2 Mile
Microbrewery 3 1 1
Bar 6 11 2
Beer and Wine Bar 7 11 4
Liquor Store 9 5 2
Beer and Wine Store 10 8 0
Restaurant 12 55 25
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 439.14 673.99
Violent Crimes 11.25 91.42 109.34
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 61
Total Violations 89 99
Page 86
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1075001 758 80 2 3
1075003 1599 46 15 14
1076013 1748 38 8 17
1086011 1374 18 29 41
1086023 650 23 34 15
1086024 1171 24 9 12
1088021 1456 23 32 31
1088022 435 43 41 19
1171001 2126 10 15 10
Average 0 61 13 19
Page 87
Liquor License Map: HB HANRATTY'S
537 E CAMELBACK RD
Ü
Date: 4/4/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 88
Report
Request for a liquor license. Arizona State License Application 06070358.
Summary
Applicant
Jeffrey Miller, Agent
License Type
Series 6 - Bar
Location
537 E. Camelback Road
Zoning Classification: C-2
Council District: 4
This request is for an ownership transfer of a liquor license for a bar. This location was
previously licensed for liquor sales and may currently operate with an interim permit.
This location requires a Use Permit to allow outdoor dining and outdoor alcoholic
beverage consumption.
The 60-day limit for processing this application is May 29, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Page 84
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“HB Handratty's Pub is a long existing fixture of the Phoenix Uptown community
providing a clean, safe, relaxing venue for adults to meet and share relaxation time
enjoying liquor w/out violence or drama. Robin Tuttle sole owner and Misty Kirk GM will
continue operating the pub with this tradition. Robin is an experienced business owner,
previously owning a similar venue, Misty is a well respected manager and bartender.
Our goal is to continue as a valued contributor to the community while reaching out to
be all inclusive”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
"Our goal is continue as a valued contributor to the community while reaching out to be
all inclusive. One of our key mottoes is about non-discrimination and it states
'intolerance is not tolerated'.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - HB Hanratty's
Liquor License Map - HB Hanratty's
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 85
Liquor License Data: HB HANRATTY'S
Liquor License
Description Series 1 Mile 1/2 Mile
Microbrewery 3 1 1
Bar 6 11 2
Beer and Wine Bar 7 11 4
Liquor Store 9 5 2
Beer and Wine Store 10 8 0
Restaurant 12 55 25
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 439.14 673.99
Violent Crimes 11.25 91.42 109.34
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 61
Total Violations 89 99
Page 86
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1075001 758 80 2 3
1075003 1599 46 15 14
1076013 1748 38 8 17
1086011 1374 18 29 41
1086023 650 23 34 15
1086024 1171 24 9 12
1088021 1456 23 32 31
1088022 435 43 41 19
1171001 2126 10 15 10
Average 0 61 13 19
Page 87
Liquor License Map: HB HANRATTY'S
537 E CAMELBACK RD
Ü
Date: 4/4/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 88
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Toasted Owl Cafe
Request for a liquor license. Arizona State License Application 234327.
Summary
Applicant
Cecily Maniaci, Agent
License Type
Series 12 - Restaurant
Location
300 W. Camelback Road, Ste. 3
Zoning Classification: C-2 TOD-1
Council District: 4
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
is currently being remodeled with plans to open in June 2023.
The 60-day limit for processing this application is May 6, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
Page 89
applicant in the State of Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I currently operate five businesses in Arizona with liquor licenses. I feel I know and
understand the responsibility of holding a liquor license.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Toasted Owl Cafe will serve alcohol as part of our menu. We believe it is an important
part of our offerings. The staff is trained and aware of current Alcohol standards.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Toasted Owl Cafe
Liquor License Map - Toasted Owl Cafe
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 90
Liquor License Data: TOASTED OWL CAFE
Liquor License
Description Series 1 Mile 1/2 Mile
Microbrewery 3 1 0
Bar 6 16 4
Beer and Wine Bar 7 10 10
Liquor Store 9 5 3
Beer and Wine Store 10 5 2
Restaurant 12 48 20
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 439.46 1220.7
Violent Crimes 11.25 91.21 233.65
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 56
Total Violations 90 105
Page 91
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1074002 1009 62 7 16
1074005 661 0 30 77
1075001 758 80 2 3
1075002 1458 74 7 15
1075003 1599 46 15 14
1088021 1456 23 32 31
1088022 435 43 41 19
1089023 1072 28 3 47
1089024 1278 46 9 21
1171001 2126 10 15 10
1171002 703 57 27 12
Average 0 61 13 19
Page 92
Liquor License Map: TOASTED OWL CAFE
300 W CAMELBACK RD
Ü
Date: 3/14/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 93
Report
Request for a liquor license. Arizona State License Application 234327.
Summary
Applicant
Cecily Maniaci, Agent
License Type
Series 12 - Restaurant
Location
300 W. Camelback Road, Ste. 3
Zoning Classification: C-2 TOD-1
Council District: 4
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
is currently being remodeled with plans to open in June 2023.
The 60-day limit for processing this application is May 6, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
Page 89
applicant in the State of Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I currently operate five businesses in Arizona with liquor licenses. I feel I know and
understand the responsibility of holding a liquor license.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Toasted Owl Cafe will serve alcohol as part of our menu. We believe it is an important
part of our offerings. The staff is trained and aware of current Alcohol standards.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Toasted Owl Cafe
Liquor License Map - Toasted Owl Cafe
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 90
Liquor License Data: TOASTED OWL CAFE
Liquor License
Description Series 1 Mile 1/2 Mile
Microbrewery 3 1 0
Bar 6 16 4
Beer and Wine Bar 7 10 10
Liquor Store 9 5 3
Beer and Wine Store 10 5 2
Restaurant 12 48 20
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 439.46 1220.7
Violent Crimes 11.25 91.21 233.65
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 56
Total Violations 90 105
Page 91
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1074002 1009 62 7 16
1074005 661 0 30 77
1075001 758 80 2 3
1075002 1458 74 7 15
1075003 1599 46 15 14
1088021 1456 23 32 31
1088022 435 43 41 19
1089023 1072 28 3 47
1089024 1278 46 9 21
1171001 2126 10 15 10
1171002 703 57 27 12
Average 0 61 13 19
Page 92
Liquor License Map: TOASTED OWL CAFE
300 W CAMELBACK RD
Ü
Date: 3/14/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 93
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Dashmart
Request for a liquor license. Arizona State License Application 09070728.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 9 - Liquor Store
Location
2330 W. Bethany Home Road, Ste. 110
Zoning Classification: C-2
Council District: 5
This request is for an ownership and location transfer of a liquor license for a liquor
store. This location is currently licensed for liquor sales with a Series 10 - Beer and
Wine Store, liquor license.
The 60-day limit for processing this application is May 19, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
Page 94
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Dashmart (Series 10)
2330 W. Bethany Home Road, Ste. 110, Phoenix
Calls for police service: 47
Liquor license violations: None
Dashmart (Series 10)
3512 E. Southern Ave., Mesa
Calls for police service: N/A - Not in Phoenix
Liquor license violations: None
Dashmart (Series 10)
14131 N. Rio Vista Blvd., Ste. 3, Peoria
Calls for police service: N/A - Not in Phoenix
Liquor license violations: None
Dashmart (Series 9)
2414 W. 14th St., Ste. 2414 A, Tempe
Calls for police service: N/A - Not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is an experienced license committed to upholding the highest standards for
business and maintaining compliance with applicable laws. Managers and staff will be
trained in the techniques of legal and responsible alcohol sales.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Currently operating with a series 10 liquor license, Applicant offers direct delivery of
Page 95
snacks, drink, personal essentials and a variety of convenience items, and would like
to offer customers 21 and over the opportunity to purchase beer, wine and spirits.
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Dashmart
Liquor License Map - Dashmart
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 96
Liquor License Data: DASHMART
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 5 2
Liquor Store 9 7 3
Beer and Wine Store 10 15 6
Restaurant 12 7 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 59.36 329.93 273.99
Violent Crimes 11.38 66.29 93.09
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 50 160
Total Violations 89 316
Page 97
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1068012 1670 5 28 55
1068013 1083 30 20 33
1068021 1099 60 0 9
1068022 1105 85 21 1
1068023 1633 17 17 34
1069002 2629 71 5 22
1072022 2085 62 5 22
1073001 2203 79 3 6
1073004 2614 23 5 31
Average 0 61 13 19
Page 98
Liquor License Map: DASHMART
2330 W BETHANY HOME RD
Ü
Date: 4/10/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 99
Report
Request for a liquor license. Arizona State License Application 09070728.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 9 - Liquor Store
Location
2330 W. Bethany Home Road, Ste. 110
Zoning Classification: C-2
Council District: 5
This request is for an ownership and location transfer of a liquor license for a liquor
store. This location is currently licensed for liquor sales with a Series 10 - Beer and
Wine Store, liquor license.
The 60-day limit for processing this application is May 19, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
Page 94
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Dashmart (Series 10)
2330 W. Bethany Home Road, Ste. 110, Phoenix
Calls for police service: 47
Liquor license violations: None
Dashmart (Series 10)
3512 E. Southern Ave., Mesa
Calls for police service: N/A - Not in Phoenix
Liquor license violations: None
Dashmart (Series 10)
14131 N. Rio Vista Blvd., Ste. 3, Peoria
Calls for police service: N/A - Not in Phoenix
Liquor license violations: None
Dashmart (Series 9)
2414 W. 14th St., Ste. 2414 A, Tempe
Calls for police service: N/A - Not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is an experienced license committed to upholding the highest standards for
business and maintaining compliance with applicable laws. Managers and staff will be
trained in the techniques of legal and responsible alcohol sales.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Currently operating with a series 10 liquor license, Applicant offers direct delivery of
Page 95
snacks, drink, personal essentials and a variety of convenience items, and would like
to offer customers 21 and over the opportunity to purchase beer, wine and spirits.
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Dashmart
Liquor License Map - Dashmart
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 96
Liquor License Data: DASHMART
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 5 2
Liquor Store 9 7 3
Beer and Wine Store 10 15 6
Restaurant 12 7 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 59.36 329.93 273.99
Violent Crimes 11.38 66.29 93.09
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 50 160
Total Violations 89 316
Page 97
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1068012 1670 5 28 55
1068013 1083 30 20 33
1068021 1099 60 0 9
1068022 1105 85 21 1
1068023 1633 17 17 34
1069002 2629 71 5 22
1072022 2085 62 5 22
1073001 2203 79 3 6
1073004 2614 23 5 31
Average 0 61 13 19
Page 98
Liquor License Map: DASHMART
2330 W BETHANY HOME RD
Ü
Date: 4/10/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 99
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Special Event - Phoenix Community Alliance, Inc.
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Devney Majerle
Location
1130 N. 1st St.
Council District: 7
Function
Taco Food Festival
Date(s) - Time(s) / Expected Attendance
May 20, 2023 - 6 p.m. to 11 p.m. / 2,000 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 100
Report
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Devney Majerle
Location
1130 N. 1st St.
Council District: 7
Function
Taco Food Festival
Date(s) - Time(s) / Expected Attendance
May 20, 2023 - 6 p.m. to 11 p.m. / 2,000 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 100
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Mariscos A Todo Mar
Request for a liquor license. Arizona State License Application 234678.
Summary
Applicant
Theresa Morse, Agent
License Type
Series 12 - Restaurant
Location
2632 S. 83rd Ave., Ste. 108
Zoning Classification: C-2
Council District: 7
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application is May 8, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 101
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I am a hard working business man. I opened my restaurant without a liquor license
and have been operating for several years. My customers continue to ask me if I would
ever get a liquor license as it complements the food I serve. I finally agreed and will be
taking both the Basic and Management liquor law training. I am proud to own a
restaurant in the City of Phoenix.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“My business as continued to get busier last year. It is apparent that the community is
in support of my restaurant as well as obtaining a liquor license to complement the
food they consume. I am very strict with my policies and will be even more so with the
responsibility of holding a liquor license. I believe the license will be an asset to my
restaurant and to the community. I understand it is my responsibility to serve alcohol
responsibility to protect the safety of my customers.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Mariscos A Todo Mar
Liquor License Map - Mariscos A Todo Mar
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 102
Page 103
Page 104
Report
Request for a liquor license. Arizona State License Application 234678.
Summary
Applicant
Theresa Morse, Agent
License Type
Series 12 - Restaurant
Location
2632 S. 83rd Ave., Ste. 108
Zoning Classification: C-2
Council District: 7
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application is May 8, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Page 101
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I am a hard working business man. I opened my restaurant without a liquor license
and have been operating for several years. My customers continue to ask me if I would
ever get a liquor license as it complements the food I serve. I finally agreed and will be
taking both the Basic and Management liquor law training. I am proud to own a
restaurant in the City of Phoenix.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“My business as continued to get busier last year. It is apparent that the community is
in support of my restaurant as well as obtaining a liquor license to complement the
food they consume. I am very strict with my policies and will be even more so with the
responsibility of holding a liquor license. I believe the license will be an asset to my
restaurant and to the community. I understand it is my responsibility to serve alcohol
responsibility to protect the safety of my customers.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Mariscos A Todo Mar
Liquor License Map - Mariscos A Todo Mar
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 102
Page 103
Page 104
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Miel de Agave
Request for a liquor license. Arizona State License Application 06070234.
Summary
Applicant
Theresa Morse, Agent
License Type
Series 6 - Bar
Location
705 N. 1st St., Ste. 110
Zoning Classification: DTC-Evans Churchill West
Council District: 7
This request is for an ownership and location transfer of a liquor license for a bar. This
location was previously licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application is May 28, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
Page 105
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
ZA-SON 662 (Series 12)
4025 E. Chandler Blvd., Ste. 5, Phoenix
Calls for police service: 38
Liquor license violations: None
ZA-SON 662 (Series 12)
835 S. Gilbert Road, Ste. 105, Gilbert
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Fuego Bar & Grill (Series 6)
9118 W. Van Buren St., Tolleson
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Call Her Martina (Series 12)
7135 E. Camelback Road, Ste. 165, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have ownership in several restaurants with liquor licenses and have knowledge of
the Arizona Liquor Laws as required. The staff at this new location will receive liquor
law training to ensure they are familiar with the laws; specifically which ID's are valid,
checking young looking customers ID, preventing obvious intoxication and protecting
the health safety and welfare of our customers and any Arizona citizen by taking pro-
active action.”
The public convenience requires and the best interest of the community will be
Page 106
substantially served by the issuance of the liquor license because:
“This location had a restaurant liquor license in the past however it was not operating
as a restaurant. We have purchase all new kitchen equipment and table/chairs for
dining at this location. We decided to purchase a bar license based upon the Dept of
Liquor's experience with the previous owner. We will however, operate primarily as a
restaurant with the bar license. We will maintain relationships with any neighbors and
community organizations”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Miel de Agave
Liquor License Map - Miel de Agave
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 107
Liquor License Data: MIEL DE AGAVE
Liquor License
Description Series 1 Mile 1/2 Mile
Producer 1 1 0
Microbrewery 3 5 2
Wholesaler 4 1 0
Government 5 7 6
Bar 6 45 21
Beer and Wine Bar 7 18 9
Liquor Store 9 4 0
Beer and Wine Store 10 16 5
Hotel 11 6 4
Restaurant 12 116 61
Club 14 1 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 1275.02 1365.49
Violent Crimes 11.25 281.36 366.66
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 50 88
Total Violations 89 196
Page 108
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1130001 1218 23 16 11
1130002 873 29 21 38
1131001 1015 7 8 28
1131002 1242 3 7 33
1132021 731 33 20 74
1132022 1257 47 29 55
1132031 1473 30 20 57
1141001 2299 16 37 44
Average 0 61 13 19
Page 109
Liquor License Map: MIEL DE AGAVE
705 N 1ST ST
Ü
Date: 4/3/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 110
Report
Request for a liquor license. Arizona State License Application 06070234.
Summary
Applicant
Theresa Morse, Agent
License Type
Series 6 - Bar
Location
705 N. 1st St., Ste. 110
Zoning Classification: DTC-Evans Churchill West
Council District: 7
This request is for an ownership and location transfer of a liquor license for a bar. This
location was previously licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application is May 28, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
Page 105
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
ZA-SON 662 (Series 12)
4025 E. Chandler Blvd., Ste. 5, Phoenix
Calls for police service: 38
Liquor license violations: None
ZA-SON 662 (Series 12)
835 S. Gilbert Road, Ste. 105, Gilbert
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Fuego Bar & Grill (Series 6)
9118 W. Van Buren St., Tolleson
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Call Her Martina (Series 12)
7135 E. Camelback Road, Ste. 165, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I have ownership in several restaurants with liquor licenses and have knowledge of
the Arizona Liquor Laws as required. The staff at this new location will receive liquor
law training to ensure they are familiar with the laws; specifically which ID's are valid,
checking young looking customers ID, preventing obvious intoxication and protecting
the health safety and welfare of our customers and any Arizona citizen by taking pro-
active action.”
The public convenience requires and the best interest of the community will be
Page 106
substantially served by the issuance of the liquor license because:
“This location had a restaurant liquor license in the past however it was not operating
as a restaurant. We have purchase all new kitchen equipment and table/chairs for
dining at this location. We decided to purchase a bar license based upon the Dept of
Liquor's experience with the previous owner. We will however, operate primarily as a
restaurant with the bar license. We will maintain relationships with any neighbors and
community organizations”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Miel de Agave
Liquor License Map - Miel de Agave
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 107
Liquor License Data: MIEL DE AGAVE
Liquor License
Description Series 1 Mile 1/2 Mile
Producer 1 1 0
Microbrewery 3 5 2
Wholesaler 4 1 0
Government 5 7 6
Bar 6 45 21
Beer and Wine Bar 7 18 9
Liquor Store 9 4 0
Beer and Wine Store 10 16 5
Hotel 11 6 4
Restaurant 12 116 61
Club 14 1 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 1275.02 1365.49
Violent Crimes 11.25 281.36 366.66
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 50 88
Total Violations 89 196
Page 108
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1130001 1218 23 16 11
1130002 873 29 21 38
1131001 1015 7 8 28
1131002 1242 3 7 33
1132021 731 33 20 74
1132022 1257 47 29 55
1132031 1473 30 20 57
1141001 2299 16 37 44
Average 0 61 13 19
Page 109
Liquor License Map: MIEL DE AGAVE
705 N 1ST ST
Ü
Date: 4/3/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 110
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Liquor License - Fleet Coffee
Request for a liquor license. Arizona State License Application 237543.
Summary
Applicant
Jeffrey Miller, Agent
License Type
Series 12 - Restaurant
Location
811 N. 3rd St.
Zoning Classification: DTC-Evans Churchill West
Council District: 8
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow outdoor alcohol service and is currently being
remodeled with plans to open in June 2023.
The 60-day limit for processing this application is May 20, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Page 111
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“We will ensure our employees are Title 4 liquor law trained.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are a coffee to cocktails cafe with small bites to accompany. We will source local
ingredients to prepare our beverages and food to the highest quality for our guests.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Fleet Coffee
Liquor License Map - Fleet Coffee
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 112
Liquor License Data: FLEET COFFEE
Liquor License
Description Series 1 Mile 1/2 Mile
Producer 1 1 0
Microbrewery 3 4 2
Wholesaler 4 1 0
Government 5 7 6
Bar 6 45 13
Beer and Wine Bar 7 17 8
Liquor Store 9 4 0
Beer and Wine Store 10 15 6
Hotel 11 6 3
Restaurant 12 114 43
Club 14 2 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 1275.34 1144.37
Violent Crimes 11.25 281.13 319.32
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 100
Total Violations 90 192
Page 113
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1130001 1218 23 16 11
1130002 873 29 21 38
1131001 1015 7 8 28
1131002 1242 3 7 33
1132021 731 33 20 74
1132022 1257 47 29 55
1132031 1473 30 20 57
1132032 638 28 7 70
1140001 1831 25 20 47
1141001 2299 16 37 44
Average 0 61 13 19
Page 114
Liquor License Map: FLEET COFFEE
811 N 3RD ST
Ü
Date: 3/22/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 115
Report
Request for a liquor license. Arizona State License Application 237543.
Summary
Applicant
Jeffrey Miller, Agent
License Type
Series 12 - Restaurant
Location
811 N. 3rd St.
Zoning Classification: DTC-Evans Churchill West
Council District: 8
This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow outdoor alcohol service and is currently being
remodeled with plans to open in June 2023.
The 60-day limit for processing this application is May 20, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Page 111
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“We will ensure our employees are Title 4 liquor law trained.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are a coffee to cocktails cafe with small bites to accompany. We will source local
ingredients to prepare our beverages and food to the highest quality for our guests.”
Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.
Attachments
Liquor License Data - Fleet Coffee
Liquor License Map - Fleet Coffee
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 112
Liquor License Data: FLEET COFFEE
Liquor License
Description Series 1 Mile 1/2 Mile
Producer 1 1 0
Microbrewery 3 4 2
Wholesaler 4 1 0
Government 5 7 6
Bar 6 45 13
Beer and Wine Bar 7 17 8
Liquor Store 9 4 0
Beer and Wine Store 10 15 6
Hotel 11 6 3
Restaurant 12 114 43
Club 14 2 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 1275.34 1144.37
Violent Crimes 11.25 281.13 319.32
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 100
Total Violations 90 192
Page 113
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1130001 1218 23 16 11
1130002 873 29 21 38
1131001 1015 7 8 28
1131002 1242 3 7 33
1132021 731 33 20 74
1132022 1257 47 29 55
1132031 1473 30 20 57
1132032 638 28 7 70
1140001 1831 25 20 47
1141001 2299 16 37 44
Average 0 61 13 19
Page 114
Liquor License Map: FLEET COFFEE
811 N 3RD ST
Ü
Date: 3/22/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 115
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
***REQUEST TO WITHDRAW (SEE ATTACHED MEMO)*** Liquor License - Mr.
Lucky's Restaurant & Bar LLC
Request for a liquor license. Arizona State License Application 235879.
Summary
Applicant
Lazar Miskovic, Agent
License Type
Series 12 - Restaurant
Location
3660 Grand Ave.
Zoning Classification: C-3
Council District: 5
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application is May 8, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Page 116
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I want take liquor license classes because I want be responsible to customers”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I want liquor license that I can serve customers drink's with food and enable them to
enjoy.”
Staff Recommendation
Staff recommends disapproval of this application based on a Police Department
recommendation for disapproval. The Police Department disapproval is based on the
owner's failure to communicate with investigators, having no experience owning or
operating a restaurant or liquor establishment, submitting incorrect information on the
State application, and incorrectly utilizing a Covid-related Federal SBA loan issued to
support his trucking business to finance the purchase of Mr. Lucky's Restaurant & Bar.
The applicant has not demonstrated the capability, qualifications and reliability to hold
and control a liquor license.
Attachments
Liquor License Data - Mr. Lucky's Restaurant & Bar LLC
Liquor License Map - Mr. Lucky's Restaurant & Bar LLC
Liquor License Police Department Recommendation - Mr. Lucky's Restaurant & Bar
LLC
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 117
Liquor License Data: MR. LUCKY'S RESTAURANT & BAR
LLC
Liquor License
Description Series 1 Mile 1/2 Mile
Wholesaler 4 2 0
Bar 6 6 1
Beer and Wine Bar 7 3 1
Liquor Store 9 4 1
Beer and Wine Store 10 15 4
Restaurant 12 9 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 75.71 115.92
Violent Crimes 11.25 19.42 29.51
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 101
Total Violations 90 194
Page 118
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1091011 1722 69 0 34
1091021 2115 47 14 46
1091023 1085 28 19 21
1092001 1455 52 10 45
1092002 1665 36 30 46
1092003 1593 11 26 32
1101001 1919 16 15 58
1169001 2535 66 12 50
Average 0 61 13 19
Page 119
Liquor License Map: MR. LUCKY'S RESTAURANT & BAR LLC
3660 GRAND AVE
Ü
Date: 3/13/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 120
Police Department Liquor License Disapproval Recommendation
Application Information
!Business Name Mr. Lucky's Restaurant & Bar !District 5
!Business Location 3660 Grand Avenue
Applicant Names I Uros Miskovic, Lazar Miskovic and Zoran Miskovic !Series Type! 12
The Police Department recommends disapproval of this liquor license application as the
applicants are not proven to be capable qualified and reliable to own and operate a Series 12
:a:: liquor license. Uros Miskovic, Lazar Miskovic and Zoran Miskovic were unresponsive,
ct::
providing late, inconsistent information on application, misused a Federal (SBA) loan to
finance the purchase of Mr. Lucky's Restaurant & Bar and did not disclose past history of
0 endangerment charges for Zoran Miskovic.
LL On March 17, 2023 and March 22, 2023 Detective Gokool made several attempts by phone and
..J electronic mail to contact the business owners originally listed on application, Uros and Lazar,
;;0
however both applicants were unresponsive.
The state application reflects ownership as Mr. Lucky's Restaurant Bar LLC. The Arizona
Corporation Commission reflects Uros is the sole member and agent. The City of Phoenix
ct:: Questionnaire (#8) lists Uros, in addition to his brother Lazar as the owners. During the interview
Lazar stated he was the agent and would be responsible for the day to daily operations and Uros
D.. would be the owner. When asked about their experience Lazar stated that Uros and their father
D.. Zoran owned and operated a trucking company for approximately 9 years and were currently
-
en
C
experience owning, managing or operating a restaurant or liquor establishment.
Lazar was asked about the $150,000.00 paid using personal savings (question 9-City
Questionnaire) Lazar stated the loan was paid using a portion of a $500,000.00 SBA loan acquired
w by ZM Trucking LLC that is owned by brother Zoran. Lazar was informed that the loan was not
en disclosed on the state liquor license application or city questionnaire. Zoran was asked if he was a
z
member of the business and he stated, yes, it was a family business. Lazar was informed, that
Zoran needed to be added as owner to State application and City Questionnaire.
w
-..J
According to the loan security agreement Section 7, titled Changes to Borrower's Legal Structure,
the borrower must notify secured party by writing or electronic communication not less than 30 days
before taking any of the following actions: Place of Business, Jurisdiction of Organization, or Name,
line a. states changing or reorganizing the type of organization of form under which it does
ct:: business. Zoran had not followed this and incorrectly used the SBA loan.
0 On April 3, 2023, the State application was amended to add Zoran as an owner. Question 14 on
:::, state
a
-
questionnaire, in relation to citations, arrests, indictments, convictions or summons, Zoran
checked "No." However, Arizona Supreme Court records reflect Zeran was arrested for
Endangerment ARS 13-1201A on 4/8/18 and was convicted of Endangerment on 8/10/18.
..J Due to the above factors the applicants Uros Miskovic, Lazar Miskovic and Zoran Miskovic have not
shown they are capable, qualified, and reliable to hold a Series 12 liquor license.
This recommendation for disa proval is submitted b : Det. R. Gokool 7605
SIGNATURES
Administrative Licensing Investigator I. Alonge A4289
Liquor Enforcement Detail Supervisor
Page 121
PAYMENT ORDINANCE (Ordinance S-49633) (Items 24-41)
Ordinance S-49633 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code Section 42-13.
24 Transunion Risk and Alternative Data Solutions, Inc.
For $17,000 in payment authority to purchase Transunion's TLOxp Online
Investigative Services for the Police Department. The services include
access to an online investigative research database of public and
proprietary information. TLOxp's streamlined processes provide quick
turnaround of requested information. The information available in this
database is vital to the role and mission of the Police Department to
provide life safety efforts.
25 Arizona Piano Service
Requesting $42,500 in payment authority for a new contract, entered on
or about May 1, 2023, for a term of five years for Piano Maintenance and
Repair for the Phoenix Convention Center (PCC). PCC has nine pianos
located at the Herberger Theatre Center, Orpheum Theatre and
Symphony Hall. The pianos require cleaning, tuning, maintenance and
repair on an as-needed basis. Services provided will maintain a minimum
standard of playability for each piano when used by clients for rehearsals
and live events.
26 U.S. Environmental Protection Agency
For $150,000 in payment authority for reimbursement to the United States
Page 122
Environmental Protection Agency (USEPA) for oversight of the 19th
Avenue Landfill for the Public Works Department. The payment request is
necessary for the City to pay costs to the USEPA for compliance review
and site inspections for the annual regulatory oversight process and the
Five-Year Review.
27 City of Buckeye
For $874,000 in payment authority for Contract 100744 to continue the
operation of the City of Phoenix landfill within the City of Buckeye, for the
Public Works Department. Payment of royalties is based on 7.5 percent
of the gate revenue generated from solid waste received at each transfer
station and disposed of at the State Route (SR) 85 Landfill in Buckeye.
The Intergovernmental Agreement requires Phoenix to reimburse
Buckeye for its solid waste collection and disposal fees paid on behalf of
the prison adjacent to the SR85 Landfill.
28 Arizona Department of Environmental Quality
For $811,000 in payment authority for annual payment of regulatory fees
for the Public Works Department. The City operates and maintains one
open landfill, five closed landfills and two transfer stations that must meet
regulatory requirements as mandated by the Arizona Department of
Environmental Quality (ADEQ). ADEQ requires the City to pay several
routine fees including but not limited to landfill and transfer station
registration fees, quarterly landfill fees, storm water permit fees,
superfund program oversight fees, aquifer protection permit
administration fees, underground storage tank fees, and financial
assurance fees.
29 City of Glendale
For $23,000 annual payment authority for Intergovernmental Agreement
123273 to provide water treatment services to the Camelback Ranch area
located within the boundaries of the City of Phoenix but outside the City's
water distribution system, for the Water Services Department.
30 Maricopa County Environmental Services Department
For $60,000 in payment authority for Fiscal Year 2023-24 for Phoenix
Municipal Water System annual operating permits and for non-hazardous
liquid waste hauler permits for the Water Services Department. The
Page 123
permits are required by the Maricopa County Environmental Services
Department.
31 Maricopa County Air Quality Department
For $40,000 in payment authority for Fiscal Year 2023-24 for annual
operating air permits for the Water Services Department. The air permits
are required for any source or facility that releases contaminants into the
air such as dust particles, smoke, carbon monoxide, or volatile organic
compounds.
32 Salt River Project Agricultural Improvement and Power
District doing business as Salt River Project
For $340,000 in payment authority for Contract 63846 for Fiscal Year
2023-24 for annual operation and maintenance costs for the Granite Reef
Underground Storage Project (GRUSP) for the Water Services
Department. GRUSP operates under an Intergovernmental Agreement
between Salt River Project and the cities of Chandler, Gilbert, Phoenix,
Mesa, Scottsdale and Tempe. Phoenix owns 25.755 percent of the
underground water storage capacity of GRUSP and pays its proportional
share of GRUSP costs.
33 Salt River Project Agricultural Improvement and Power
District doing business as Salt River Project
For $240,000 in payment authority for Contract 53453 for operation and
maintenance of the Central Arizona Project Salt River Project
interconnection facility for the Water Services Department. The
Intergovernmental Agreement between the Salt River Valley Water Users'
Association, the Salt River Project Agricultural Improvement and Power
District, cities of Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix,
Scottsdale and Tempe allows the City of Phoenix to transport water from
the Central Arizona Project aqueduct to the Granite Reef Dam. The City of
Phoenix Water Services Department is responsible for 38.425 percent of
the operating and maintenance expenses for Fiscal Year 2023-24.
34 Salt River Valley Water Users' Association Doing
Business as Salt River Project
For $160,000 in payment authority for Agreement 107647 for delivery,
ordering, accounting and reporting of the Peninsula - Horowitz Water
Page 124
Entitlement for Fiscal Year 2023-24 for the Water Services Department.
Peninsula, Horowitz, and Champion Irrigation Districts are located in the
southwest portion of the City of Phoenix and are in the initial stages of
conversion from farmland to urban usage. Under the agreement, the City
receives water from the Salt River Valley Water Users' Association, treats
it, and delivers it to urban customers within these irrigation districts.
35 Salt River Valley Water Users' Association Doing Business as
Salt River Project
For $5,200,000 in payment authority for Contract 100353 for water
delivery and use agreement with the Salt River Valley Water Users'
Association (Association) to provide wholesale water for resale by the
Water Services Department within the Salt River Reservoir District for
Fiscal Year 2023-24. The water delivered to the City by the Association
from the Salt and Verde Rivers represents approximately 60 percent of
the City's water supply.
36 Arizona Department of Water Resources Annual Water
Withdrawal and Use Permit
For $35,000 in payment authority for Fiscal Year 2023-24 to pay fees
associated with water storage permit applications, groundwater
withdrawal, groundwater production, long-term storage credit recovery,
and dewatering for the Water Services and Parks and Recreation
departments.
37 Roosevelt Irrigation District
For $1,250,000 in payment authority for Fiscal Year 2023-24 water rights
settlement claim costs for Contract 54170, for the Water Services
Department. In 1998, the City of Phoenix entered into a comprehensive
settlement agreement with Salt River Pima Maricopa Indian Community
(SRPMIC), and others, to settle SRPMIC water rights claims. Part of that
settlement included an ongoing three-way exchange among the City of
Phoenix, Salt River Project and the Roosevelt Irrigation District. The City
of Phoenix is responsible to pay a portion of costs associated with the
ongoing annual exchange.
Page 125
38 Settlement of Claim(s) Beltran-Valenzuela v. City of
Phoenix
To make payment of up to $60,000 in settlement of claim(s) in Beltran-
Valenzuela v. City of Phoenix, CV2022-091617, 21-0345-001, AU, BI,
PD, for the Finance Department pursuant to Phoenix City Code
Chapter 42. This is a settlement of an auto accident claim involving the
Police Department on May 21, 2021.
39 Settlement of Claim(s) Capitol Indemnity Corp. v. City of
Phoenix
To make payment of up to $450,000 in settlement of claim(s) in Capitol
Indemnity Corp. v. City of Phoenix, CV2021-015113, 20-0527-001, GL,
PD, for the Finance Department pursuant to Phoenix City Code Chapter
42. This is a settlement of claim(s) involving the Fire Department for an
occurrence that took place on Oct. 12, 2020.
40 Settlement of Claim(s) Foremost Insurance Company v.
To make payment of up to $52,500 in settlement of claim(s) in Foremost
Insurance Company v. City of Phoenix, 22-0451-002, GL, PD, for the
Finance Department pursuant to Phoenix City Code Chapter 42. This is a
settlement of a claim involving the Public Works Department that occurred
on June 15, 2022.
41 Settlement of Claim(s) Papineau v. City of Phoenix
To make payment of up to $33,000 in settlement of claim(s) in Papineau
v. City of Phoenix, CV2022-009030, 21-0562-001, AU, BI, PD, for the
Finance Department pursuant to Phoenix City Code Chapter 42. This is a
settlement of an auto accident claim involving the Water Services
Department that occurred on July 15, 2021.
Page 126
Report
Lucky's Restaurant & Bar LLC
Request for a liquor license. Arizona State License Application 235879.
Summary
Applicant
Lazar Miskovic, Agent
License Type
Series 12 - Restaurant
Location
3660 Grand Ave.
Zoning Classification: C-3
Council District: 5
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application is May 8, 2023.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Page 116
Arizona.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I want take liquor license classes because I want be responsible to customers”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I want liquor license that I can serve customers drink's with food and enable them to
enjoy.”
Staff Recommendation
Staff recommends disapproval of this application based on a Police Department
recommendation for disapproval. The Police Department disapproval is based on the
owner's failure to communicate with investigators, having no experience owning or
operating a restaurant or liquor establishment, submitting incorrect information on the
State application, and incorrectly utilizing a Covid-related Federal SBA loan issued to
support his trucking business to finance the purchase of Mr. Lucky's Restaurant & Bar.
The applicant has not demonstrated the capability, qualifications and reliability to hold
and control a liquor license.
Attachments
Liquor License Data - Mr. Lucky's Restaurant & Bar LLC
Liquor License Map - Mr. Lucky's Restaurant & Bar LLC
Liquor License Police Department Recommendation - Mr. Lucky's Restaurant & Bar
LLC
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
Page 117
Liquor License Data: MR. LUCKY'S RESTAURANT & BAR
LLC
Liquor License
Description Series 1 Mile 1/2 Mile
Wholesaler 4 2 0
Bar 6 6 1
Beer and Wine Bar 7 3 1
Liquor Store 9 4 1
Beer and Wine Store 10 15 4
Restaurant 12 9 0
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 58.75 75.71 115.92
Violent Crimes 11.25 19.42 29.51
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 51 101
Total Violations 90 194
Page 118
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1091011 1722 69 0 34
1091021 2115 47 14 46
1091023 1085 28 19 21
1092001 1455 52 10 45
1092002 1665 36 30 46
1092003 1593 11 26 32
1101001 1919 16 15 58
1169001 2535 66 12 50
Average 0 61 13 19
Page 119
Liquor License Map: MR. LUCKY'S RESTAURANT & BAR LLC
3660 GRAND AVE
Ü
Date: 3/13/2023
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
Page 120
Police Department Liquor License Disapproval Recommendation
Application Information
!Business Name Mr. Lucky's Restaurant & Bar !District 5
!Business Location 3660 Grand Avenue
Applicant Names I Uros Miskovic, Lazar Miskovic and Zoran Miskovic !Series Type! 12
The Police Department recommends disapproval of this liquor license application as the
applicants are not proven to be capable qualified and reliable to own and operate a Series 12
:a:: liquor license. Uros Miskovic, Lazar Miskovic and Zoran Miskovic were unresponsive,
ct::
providing late, inconsistent information on application, misused a Federal (SBA) loan to
finance the purchase of Mr. Lucky's Restaurant & Bar and did not disclose past history of
0 endangerment charges for Zoran Miskovic.
LL On March 17, 2023 and March 22, 2023 Detective Gokool made several attempts by phone and
..J electronic mail to contact the business owners originally listed on application, Uros and Lazar,
;;0
however both applicants were unresponsive.
The state application reflects ownership as Mr. Lucky's Restaurant Bar LLC. The Arizona
Corporation Commission reflects Uros is the sole member and agent. The City of Phoenix
ct:: Questionnaire (#8) lists Uros, in addition to his brother Lazar as the owners. During the interview
Lazar stated he was the agent and would be responsible for the day to daily operations and Uros
D.. would be the owner. When asked about their experience Lazar stated that Uros and their father
D.. Zoran owned and operated a trucking company for approximately 9 years and were currently
-
en
C
experience owning, managing or operating a restaurant or liquor establishment.
Lazar was asked about the $150,000.00 paid using personal savings (question 9-City
Questionnaire) Lazar stated the loan was paid using a portion of a $500,000.00 SBA loan acquired
w by ZM Trucking LLC that is owned by brother Zoran. Lazar was informed that the loan was not
en disclosed on the state liquor license application or city questionnaire. Zoran was asked if he was a
z
member of the business and he stated, yes, it was a family business. Lazar was informed, that
Zoran needed to be added as owner to State application and City Questionnaire.
w
-..J
According to the loan security agreement Section 7, titled Changes to Borrower's Legal Structure,
the borrower must notify secured party by writing or electronic communication not less than 30 days
before taking any of the following actions: Place of Business, Jurisdiction of Organization, or Name,
line a. states changing or reorganizing the type of organization of form under which it does
ct:: business. Zoran had not followed this and incorrectly used the SBA loan.
0 On April 3, 2023, the State application was amended to add Zoran as an owner. Question 14 on
:::, state
a
-
questionnaire, in relation to citations, arrests, indictments, convictions or summons, Zoran
checked "No." However, Arizona Supreme Court records reflect Zeran was arrested for
Endangerment ARS 13-1201A on 4/8/18 and was convicted of Endangerment on 8/10/18.
..J Due to the above factors the applicants Uros Miskovic, Lazar Miskovic and Zoran Miskovic have not
shown they are capable, qualified, and reliable to hold a Series 12 liquor license.
This recommendation for disa proval is submitted b : Det. R. Gokool 7605
SIGNATURES
Administrative Licensing Investigator I. Alonge A4289
Liquor Enforcement Detail Supervisor
Page 121
PAYMENT ORDINANCE (Ordinance S-49633) (Items 24-41)
Ordinance S-49633 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code Section 42-13.
24 Transunion Risk and Alternative Data Solutions, Inc.
For $17,000 in payment authority to purchase Transunion's TLOxp Online
Investigative Services for the Police Department. The services include
access to an online investigative research database of public and
proprietary information. TLOxp's streamlined processes provide quick
turnaround of requested information. The information available in this
database is vital to the role and mission of the Police Department to
provide life safety efforts.
25 Arizona Piano Service
Requesting $42,500 in payment authority for a new contract, entered on
or about May 1, 2023, for a term of five years for Piano Maintenance and
Repair for the Phoenix Convention Center (PCC). PCC has nine pianos
located at the Herberger Theatre Center, Orpheum Theatre and
Symphony Hall. The pianos require cleaning, tuning, maintenance and
repair on an as-needed basis. Services provided will maintain a minimum
standard of playability for each piano when used by clients for rehearsals
and live events.
26 U.S. Environmental Protection Agency
For $150,000 in payment authority for reimbursement to the United States
Page 122
Environmental Protection Agency (USEPA) for oversight of the 19th
Avenue Landfill for the Public Works Department. The payment request is
necessary for the City to pay costs to the USEPA for compliance review
and site inspections for the annual regulatory oversight process and the
Five-Year Review.
27 City of Buckeye
For $874,000 in payment authority for Contract 100744 to continue the
operation of the City of Phoenix landfill within the City of Buckeye, for the
Public Works Department. Payment of royalties is based on 7.5 percent
of the gate revenue generated from solid waste received at each transfer
station and disposed of at the State Route (SR) 85 Landfill in Buckeye.
The Intergovernmental Agreement requires Phoenix to reimburse
Buckeye for its solid waste collection and disposal fees paid on behalf of
the prison adjacent to the SR85 Landfill.
28 Arizona Department of Environmental Quality
For $811,000 in payment authority for annual payment of regulatory fees
for the Public Works Department. The City operates and maintains one
open landfill, five closed landfills and two transfer stations that must meet
regulatory requirements as mandated by the Arizona Department of
Environmental Quality (ADEQ). ADEQ requires the City to pay several
routine fees including but not limited to landfill and transfer station
registration fees, quarterly landfill fees, storm water permit fees,
superfund program oversight fees, aquifer protection permit
administration fees, underground storage tank fees, and financial
assurance fees.
29 City of Glendale
For $23,000 annual payment authority for Intergovernmental Agreement
123273 to provide water treatment services to the Camelback Ranch area
located within the boundaries of the City of Phoenix but outside the City's
water distribution system, for the Water Services Department.
30 Maricopa County Environmental Services Department
For $60,000 in payment authority for Fiscal Year 2023-24 for Phoenix
Municipal Water System annual operating permits and for non-hazardous
liquid waste hauler permits for the Water Services Department. The
Page 123
permits are required by the Maricopa County Environmental Services
Department.
31 Maricopa County Air Quality Department
For $40,000 in payment authority for Fiscal Year 2023-24 for annual
operating air permits for the Water Services Department. The air permits
are required for any source or facility that releases contaminants into the
air such as dust particles, smoke, carbon monoxide, or volatile organic
compounds.
32 Salt River Project Agricultural Improvement and Power
District doing business as Salt River Project
For $340,000 in payment authority for Contract 63846 for Fiscal Year
2023-24 for annual operation and maintenance costs for the Granite Reef
Underground Storage Project (GRUSP) for the Water Services
Department. GRUSP operates under an Intergovernmental Agreement
between Salt River Project and the cities of Chandler, Gilbert, Phoenix,
Mesa, Scottsdale and Tempe. Phoenix owns 25.755 percent of the
underground water storage capacity of GRUSP and pays its proportional
share of GRUSP costs.
33 Salt River Project Agricultural Improvement and Power
District doing business as Salt River Project
For $240,000 in payment authority for Contract 53453 for operation and
maintenance of the Central Arizona Project Salt River Project
interconnection facility for the Water Services Department. The
Intergovernmental Agreement between the Salt River Valley Water Users'
Association, the Salt River Project Agricultural Improvement and Power
District, cities of Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix,
Scottsdale and Tempe allows the City of Phoenix to transport water from
the Central Arizona Project aqueduct to the Granite Reef Dam. The City of
Phoenix Water Services Department is responsible for 38.425 percent of
the operating and maintenance expenses for Fiscal Year 2023-24.
34 Salt River Valley Water Users' Association Doing
Business as Salt River Project
For $160,000 in payment authority for Agreement 107647 for delivery,
ordering, accounting and reporting of the Peninsula - Horowitz Water
Page 124
Entitlement for Fiscal Year 2023-24 for the Water Services Department.
Peninsula, Horowitz, and Champion Irrigation Districts are located in the
southwest portion of the City of Phoenix and are in the initial stages of
conversion from farmland to urban usage. Under the agreement, the City
receives water from the Salt River Valley Water Users' Association, treats
it, and delivers it to urban customers within these irrigation districts.
35 Salt River Valley Water Users' Association Doing Business as
Salt River Project
For $5,200,000 in payment authority for Contract 100353 for water
delivery and use agreement with the Salt River Valley Water Users'
Association (Association) to provide wholesale water for resale by the
Water Services Department within the Salt River Reservoir District for
Fiscal Year 2023-24. The water delivered to the City by the Association
from the Salt and Verde Rivers represents approximately 60 percent of
the City's water supply.
36 Arizona Department of Water Resources Annual Water
Withdrawal and Use Permit
For $35,000 in payment authority for Fiscal Year 2023-24 to pay fees
associated with water storage permit applications, groundwater
withdrawal, groundwater production, long-term storage credit recovery,
and dewatering for the Water Services and Parks and Recreation
departments.
37 Roosevelt Irrigation District
For $1,250,000 in payment authority for Fiscal Year 2023-24 water rights
settlement claim costs for Contract 54170, for the Water Services
Department. In 1998, the City of Phoenix entered into a comprehensive
settlement agreement with Salt River Pima Maricopa Indian Community
(SRPMIC), and others, to settle SRPMIC water rights claims. Part of that
settlement included an ongoing three-way exchange among the City of
Phoenix, Salt River Project and the Roosevelt Irrigation District. The City
of Phoenix is responsible to pay a portion of costs associated with the
ongoing annual exchange.
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38 Settlement of Claim(s) Beltran-Valenzuela v. City of
Phoenix
To make payment of up to $60,000 in settlement of claim(s) in Beltran-
Valenzuela v. City of Phoenix, CV2022-091617, 21-0345-001, AU, BI,
PD, for the Finance Department pursuant to Phoenix City Code
Chapter 42. This is a settlement of an auto accident claim involving the
Police Department on May 21, 2021.
39 Settlement of Claim(s) Capitol Indemnity Corp. v. City of
Phoenix
To make payment of up to $450,000 in settlement of claim(s) in Capitol
Indemnity Corp. v. City of Phoenix, CV2021-015113, 20-0527-001, GL,
PD, for the Finance Department pursuant to Phoenix City Code Chapter
42. This is a settlement of claim(s) involving the Fire Department for an
occurrence that took place on Oct. 12, 2020.
40 Settlement of Claim(s) Foremost Insurance Company v.
To make payment of up to $52,500 in settlement of claim(s) in Foremost
Insurance Company v. City of Phoenix, 22-0451-002, GL, PD, for the
Finance Department pursuant to Phoenix City Code Chapter 42. This is a
settlement of a claim involving the Public Works Department that occurred
on June 15, 2022.
41 Settlement of Claim(s) Papineau v. City of Phoenix
To make payment of up to $33,000 in settlement of claim(s) in Papineau
v. City of Phoenix, CV2022-009030, 21-0562-001, AU, BI, PD, for the
Finance Department pursuant to Phoenix City Code Chapter 42. This is a
settlement of an auto accident claim involving the Water Services
Department that occurred on July 15, 2021.
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Report
Supporting documents
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Item text
Call for a Special Meeting and Notice of Legally Required Public Hearings on the
Proposed FY 2023-24 Budget for the City of Phoenix
Request the City Council call for a special meeting of the City Council, as required by
Arizona Revised Statute 42-17105, at 2:30 p.m., Wed., June 14, 2023, for the purpose
of considering adoption of the final Fiscal Year (FY) 2023-24 budget for the City of
Phoenix, including Operating Funds, Capital Funds and Reappropriated Funds.
Request to authorize the City Manager to:
1. Set 2:30 p.m., Wednesday, May 31, 2023, as the time and date of the legally
required public hearing on the adoption of the tentative budget ordinances for the
Reappropriated Funds.
2. Set 2:30 p.m., Wednesday, May 31, 2023, as the time and date of the public
hearing for purposes of receiving public comments on the proposed 2023-28
Capital Improvement Program.
3. Set 2:30 p.m., Wednesday, June 14, 2023, as the time and date of the legally
required public hearing on the adoption of a Property Tax Levy and Truth in
Taxation, if applicable, and the final adoption of the budget for the City of Phoenix
for FY 2023-24, including Operating Funds, Capital Funds, and Reappropriated
Funds.
4. Set 10:00 a.m., Monday, July 3, 2023, as the time and date of the legally required
public hearing on the adoption of the Property Tax Levy for FY 2023-24.
Summary
In addition to these legally required public hearings, from April 3 through April 15,
2023, 12 community budget hearings were advertised in various City newspapers and
online, and were held for each Council District in locations throughout the City and in
residents with several opportunities to comment on the proposed FY 2023-24 budget
and were video recorded for viewing on the City’s YouTube page and on PHXTV.
Residents also had the opportunity to provide feedback via phone, email or through
the City’s online budget tool FundPHX. All comments and messages were summarized
and forwarded in weekly City Council reports.
Page 127
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Budget and Research
Department.
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Report
Proposed FY 2023-24 Budget for the City of Phoenix
Request the City Council call for a special meeting of the City Council, as required by
Arizona Revised Statute 42-17105, at 2:30 p.m., Wed., June 14, 2023, for the purpose
of considering adoption of the final Fiscal Year (FY) 2023-24 budget for the City of
Phoenix, including Operating Funds, Capital Funds and Reappropriated Funds.
Request to authorize the City Manager to:
1. Set 2:30 p.m., Wednesday, May 31, 2023, as the time and date of the legally
required public hearing on the adoption of the tentative budget ordinances for the
Reappropriated Funds.
2. Set 2:30 p.m., Wednesday, May 31, 2023, as the time and date of the public
hearing for purposes of receiving public comments on the proposed 2023-28
Capital Improvement Program.
3. Set 2:30 p.m., Wednesday, June 14, 2023, as the time and date of the legally
required public hearing on the adoption of a Property Tax Levy and Truth in
Taxation, if applicable, and the final adoption of the budget for the City of Phoenix
for FY 2023-24, including Operating Funds, Capital Funds, and Reappropriated
Funds.
4. Set 10:00 a.m., Monday, July 3, 2023, as the time and date of the legally required
public hearing on the adoption of the Property Tax Levy for FY 2023-24.
Summary
In addition to these legally required public hearings, from April 3 through April 15,
2023, 12 community budget hearings were advertised in various City newspapers and
online, and were held for each Council District in locations throughout the City and in
residents with several opportunities to comment on the proposed FY 2023-24 budget
and were video recorded for viewing on the City’s YouTube page and on PHXTV.
Residents also had the opportunity to provide feedback via phone, email or through
the City’s online budget tool FundPHX. All comments and messages were summarized
and forwarded in weekly City Council reports.
Page 127
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Budget and Research
Department.
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Report
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Item text
Special Bond Election - Nov. 7, 2023 - Ordering of Such Election (Ordinance S-
49691)
An ordinance ordering a Special Bond Election in the City of Phoenix to be held on
Nov. 7, 2023, for the purpose of submitting questions on the issuance of bonds of the
rejection, and making certain provisions with respect to the calling of such Election.
Summary
This item orders a Special Bond Election to be held in the City of Phoenix on Nov. 7,
2023, for the purpose of submitting to the qualified voters of the City certain questions
on the issuance of bonds for their approval or rejection. A separate ordinance for the
conduct of election and to adopt the form of the ballot will be submitted to the City
Council. The election will be conducted in accordance with applicable state law and
provisions of the City Charter and Code.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
49691)
An ordinance ordering a Special Bond Election in the City of Phoenix to be held on
Nov. 7, 2023, for the purpose of submitting questions on the issuance of bonds of the
rejection, and making certain provisions with respect to the calling of such Election.
Summary
This item orders a Special Bond Election to be held in the City of Phoenix on Nov. 7,
2023, for the purpose of submitting to the qualified voters of the City certain questions
on the issuance of bonds for their approval or rejection. A separate ordinance for the
conduct of election and to adopt the form of the ballot will be submitted to the City
Council. The election will be conducted in accordance with applicable state law and
provisions of the City Charter and Code.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Special Bond Election to be held on Nov. 7, 2023, Conducted by Maricopa
County (Ordinance S-49696)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Maricopa County to conduct the City of Phoenix Special Bond Election to be held
on Nov. 7, 2023, according to State law and applicable City Charter and City Code
provisions, and authorizing payment to Maricopa County not to exceed $2,000,000.
Further authorize the City Controller to disburse all funds related to this item.
Summary
The Special Bond Election will be held on Nov. 7, 2023. In this election, citywide
registered voters will vote to approve or reject certain questions related to the selling
and issuance of bonds. The City will design, print and mail an Election Notification
Postcard and an Informational Pamphlet for the Special Bond Election, to be paid for
by the City. The pamphlet will be mailed to each household in the City of Phoenix in
which a registered voter resides. The estimated total cost of the election, including
payment for the County and City expenses, is approximately $4,100,000.
This request seeks City Council authorization to permit the City Manager, or his
designee, to enter into an agreement with the Maricopa County Elections Department
to conduct the Special Bond Election by placing the ballot measures on the County
ballot for the election; to conduct an all mail election including ballot replacement sites;
to process and tabulate the ballots for the Special Bond Election; and to provide
unofficial results of all ballots tabulated. This item authorizes the County Board of
Supervisors to designate ballot replacement sites and appoint election board workers
for the conduct of the election, as needed.
Contract Term
The contract with the County will begin on or about July 3, 2023, and expire on Dec.
31, 2023.
Financial Impact
Payment will be authorized for the duration of the contract, not to exceed $2,000,000
to the County, and will be allotted from the General Fund.
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Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
County (Ordinance S-49696)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Maricopa County to conduct the City of Phoenix Special Bond Election to be held
on Nov. 7, 2023, according to State law and applicable City Charter and City Code
provisions, and authorizing payment to Maricopa County not to exceed $2,000,000.
Further authorize the City Controller to disburse all funds related to this item.
Summary
The Special Bond Election will be held on Nov. 7, 2023. In this election, citywide
registered voters will vote to approve or reject certain questions related to the selling
and issuance of bonds. The City will design, print and mail an Election Notification
Postcard and an Informational Pamphlet for the Special Bond Election, to be paid for
by the City. The pamphlet will be mailed to each household in the City of Phoenix in
which a registered voter resides. The estimated total cost of the election, including
payment for the County and City expenses, is approximately $4,100,000.
This request seeks City Council authorization to permit the City Manager, or his
designee, to enter into an agreement with the Maricopa County Elections Department
to conduct the Special Bond Election by placing the ballot measures on the County
ballot for the election; to conduct an all mail election including ballot replacement sites;
to process and tabulate the ballots for the Special Bond Election; and to provide
unofficial results of all ballots tabulated. This item authorizes the County Board of
Supervisors to designate ballot replacement sites and appoint election board workers
for the conduct of the election, as needed.
Contract Term
The contract with the County will begin on or about July 3, 2023, and expire on Dec.
31, 2023.
Financial Impact
Payment will be authorized for the duration of the contract, not to exceed $2,000,000
to the County, and will be allotted from the General Fund.
Page 130
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.
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Report
Supporting documents
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Item text
Facilities Use Agreement with the Maricopa County Community College
District (Ordinance S-49690)
Request to authorize the City Manager, or his designee, on behalf of the City of
Phoenix Women's Commission to enter into a Facilities Use Agreement (FUA) with
the Maricopa County Community College District (MCCCD) to use South Mountain
Community College located at 7050 S. 24th St., in Phoenix, Arizona, for the
Women's Forum event scheduled for May 18, 2023. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
indemnification and assumption of liability provisions be included in the FUA that
would otherwise be prohibited by Phoenix City Code 42-18.
Summary
This FUA is needed in order to provide a venue for the Phoenix Women's
Commission (PWC) to host the "She Matters Equity Forum," which will be held on
May 18, 2023, from 8:30 a.m. to noon. The PWC is authorized by Phoenix City
Code section 18-305, et.seq., and was created to provide a formal forum for citizen
review of the City of Phoenix's diversity efforts and salary equity, and to serve as an
Advisory Board to the Council. One of the duties delegated to the PWC is to assist
in efforts to provide information and educational programs to improve the status of
women. In effecting this duty, the PWC has organized the "She Matters Equity
Forum," an event to address equity issues and promote wellness and
empowerment for women in the workforce.
Request to authorize an exception to the requirements of Phoenix City Code
section 42-18 to allow inclusion of indemnification and limitation of liability
provisions in the FUA. The risk of this exception is low due to the FUA only being in
effect for a finite amount of time. MCCCD has requested this exception as a
condition of entering into the FUA and providing the venue for the "She Matters
Equity Forum."
Contract Term
May 18, 2023 between 6:30 a.m. and 12:30 p.m.
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Financial Impact
There will be no financial impact to the City as all charges have been waived.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Equal
Opportunity Department.
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Report
District (Ordinance S-49690)
Request to authorize the City Manager, or his designee, on behalf of the City of
Phoenix Women's Commission to enter into a Facilities Use Agreement (FUA) with
the Maricopa County Community College District (MCCCD) to use South Mountain
Community College located at 7050 S. 24th St., in Phoenix, Arizona, for the
Women's Forum event scheduled for May 18, 2023. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
indemnification and assumption of liability provisions be included in the FUA that
would otherwise be prohibited by Phoenix City Code 42-18.
Summary
This FUA is needed in order to provide a venue for the Phoenix Women's
Commission (PWC) to host the "She Matters Equity Forum," which will be held on
May 18, 2023, from 8:30 a.m. to noon. The PWC is authorized by Phoenix City
Code section 18-305, et.seq., and was created to provide a formal forum for citizen
review of the City of Phoenix's diversity efforts and salary equity, and to serve as an
Advisory Board to the Council. One of the duties delegated to the PWC is to assist
in efforts to provide information and educational programs to improve the status of
women. In effecting this duty, the PWC has organized the "She Matters Equity
Forum," an event to address equity issues and promote wellness and
empowerment for women in the workforce.
Request to authorize an exception to the requirements of Phoenix City Code
section 42-18 to allow inclusion of indemnification and limitation of liability
provisions in the FUA. The risk of this exception is low due to the FUA only being in
effect for a finite amount of time. MCCCD has requested this exception as a
condition of entering into the FUA and providing the venue for the "She Matters
Equity Forum."
Contract Term
May 18, 2023 between 6:30 a.m. and 12:30 p.m.
Page 132
Financial Impact
There will be no financial impact to the City as all charges have been waived.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Equal
Opportunity Department.
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Report
Supporting documents
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Item text
Council District Redistricting Services Contract RFP23-080- Request for Award
(Ordinance S-49639)
Request to authorize the City Manager, or his designee, to enter into a contract with
ARCBridge Consulting and Training, Inc. to provide Council District Redistricting
Services. Further request to authorize the City Controller to disburse all funds related
to this item. The total value of the contract will not exceed $550,000.
Summary
This contract will provide qualified consultants to assist in the revision of council district
boundaries pursuant to the requirements of Section 12-1502 of the Phoenix City Code.
The goal of this project is to collect public input and revise the district boundaries to
satisfy the respective criteria of the Phoenix City Charter and Code, any applicable
Arizona State Statutes, and the United States Constitution. The City's redistricting
process occurs every 10 years following the census. The City's maps were last drawn
in 2013 when Phoenix's population was about 1.4 million. Currently, Phoenix's
population is about 1.6 million, according to census data.
Each council member should represent a similar number of voters, to the extent
possible.
Procurement Information
A Request for Proposal procurement was processed in accordance with City of
Phoenix Administrative Regulation 3.10.
Two vendors submitted proposals deemed responsive and responsible. An evaluation
committee of City staff evaluated those offers based on the following criteria with a
maximum possible point total of 1,000:
Method of Approach (0-400 points);
Experience and expertise (0-300 points);
Capacity (0-200 points); and
Cost (0-100 points).
After reaching consensus, the evaluation committee recommends award to the
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following vendor(s):
ARCBridge Consulting and Training, Inc.- 725.50
Contract Term
The contract will begin on or about May 3, 2023 for a one-year term with four one-year
options to extend.
Financial Impact
The aggregate contract value will not exceed $550,000.
Funding is available in the City Clerk Department's budget.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk and
Finance departments.
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Report
(Ordinance S-49639)
Request to authorize the City Manager, or his designee, to enter into a contract with
ARCBridge Consulting and Training, Inc. to provide Council District Redistricting
Services. Further request to authorize the City Controller to disburse all funds related
to this item. The total value of the contract will not exceed $550,000.
Summary
This contract will provide qualified consultants to assist in the revision of council district
boundaries pursuant to the requirements of Section 12-1502 of the Phoenix City Code.
The goal of this project is to collect public input and revise the district boundaries to
satisfy the respective criteria of the Phoenix City Charter and Code, any applicable
Arizona State Statutes, and the United States Constitution. The City's redistricting
process occurs every 10 years following the census. The City's maps were last drawn
in 2013 when Phoenix's population was about 1.4 million. Currently, Phoenix's
population is about 1.6 million, according to census data.
Each council member should represent a similar number of voters, to the extent
possible.
Procurement Information
A Request for Proposal procurement was processed in accordance with City of
Phoenix Administrative Regulation 3.10.
Two vendors submitted proposals deemed responsive and responsible. An evaluation
committee of City staff evaluated those offers based on the following criteria with a
maximum possible point total of 1,000:
Method of Approach (0-400 points);
Experience and expertise (0-300 points);
Capacity (0-200 points); and
Cost (0-100 points).
After reaching consensus, the evaluation committee recommends award to the
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following vendor(s):
ARCBridge Consulting and Training, Inc.- 725.50
Contract Term
The contract will begin on or about May 3, 2023 for a one-year term with four one-year
options to extend.
Financial Impact
The aggregate contract value will not exceed $550,000.
Funding is available in the City Clerk Department's budget.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk and
Finance departments.
Page 135
Report
Supporting documents
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Item text
Authorization to Sell City-owned Properties Identified as Excess Real Property
Inventory (Ordinance S-49641)
Request to authorize the City Manager, or his designee, to sell City-owned properties
identified by the Aviation Department as excess real property inventory by special
warranty deed. Further request to authorize the City Treasurer to accept all funds
related to this item.
Summary
The excess properties to be sold include five Maricopa County Assessor Parcel
Numbers (APN) totaling approximately 452.78 acres of land along Litchfield Road
between Olive and Peoria avenues. The land was originally acquired in a three-way
swap involving the Aviation Department, the City of Surprise, and a private party in
1999.
The properties to be sold are located outside of the City and are identified by address
or location and APN as follows:
1) 9801 N. Litchfield Road, 501-43-012C
2) East of N. Litchfield Road, south of Peoria Avenue, 501-43-013A
3) Southeast corner of Peoria Avenue and Litchfield Road, 501-43-013C
4) Along the east side of Litchfield Road between Olive and Peoria avenues, 501-43-
013D
5) 9816 N. Litchfield Road, 501-43-023A
The properties will be advertised on the open market through a City-contracted broker
at market value to be determined by an appraisal or other valuation method accepted
by the Finance Department's Real Estate Division. Further request authorization to
negotiate with offeror(s) in order to yield the highest dollar return to the City, as
deemed acceptable by the City Manager or his designee. The City Manager, or his
designee, will select the highest responsive and responsible offer for each property
based upon market value, and enter into an Agreement for the Purchase and Sale of
City-owned property, containing terms and conditions deemed necessary and
appropriate by the City. The subsequent fee simple conveyance will be by special
warranty deed.
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Financial Impact
Revenue will be reflective of the market value of each property.
Concurrence/Previous Council Action
The Transportation, Infrastructure and Planning Subcommittee reviewed this item on
Jan. 18, 2023.
Location
Along Litchfield Road between Olive and Peoria avenues.
Council District: Outside of the City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation and
Finance departments.
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Report
Inventory (Ordinance S-49641)
Request to authorize the City Manager, or his designee, to sell City-owned properties
identified by the Aviation Department as excess real property inventory by special
warranty deed. Further request to authorize the City Treasurer to accept all funds
related to this item.
Summary
The excess properties to be sold include five Maricopa County Assessor Parcel
Numbers (APN) totaling approximately 452.78 acres of land along Litchfield Road
between Olive and Peoria avenues. The land was originally acquired in a three-way
swap involving the Aviation Department, the City of Surprise, and a private party in
1999.
The properties to be sold are located outside of the City and are identified by address
or location and APN as follows:
1) 9801 N. Litchfield Road, 501-43-012C
2) East of N. Litchfield Road, south of Peoria Avenue, 501-43-013A
3) Southeast corner of Peoria Avenue and Litchfield Road, 501-43-013C
4) Along the east side of Litchfield Road between Olive and Peoria avenues, 501-43-
013D
5) 9816 N. Litchfield Road, 501-43-023A
The properties will be advertised on the open market through a City-contracted broker
at market value to be determined by an appraisal or other valuation method accepted
by the Finance Department's Real Estate Division. Further request authorization to
negotiate with offeror(s) in order to yield the highest dollar return to the City, as
deemed acceptable by the City Manager or his designee. The City Manager, or his
designee, will select the highest responsive and responsible offer for each property
based upon market value, and enter into an Agreement for the Purchase and Sale of
City-owned property, containing terms and conditions deemed necessary and
appropriate by the City. The subsequent fee simple conveyance will be by special
warranty deed.
Page 136
Financial Impact
Revenue will be reflective of the market value of each property.
Concurrence/Previous Council Action
The Transportation, Infrastructure and Planning Subcommittee reviewed this item on
Jan. 18, 2023.
Location
Along Litchfield Road between Olive and Peoria avenues.
Council District: Outside of the City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation and
Finance departments.
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Report
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Item text
Acquisition of Sewer Easement near 31st Avenue and Beardsley Road for Odor
Control Purposes (Ordinance S-49642)
Request to authorize the City Manager, or his designee, to acquire a sewer easement
by either donation, purchase within the City's appraised value, or by the power of
eminent domain for odor control purposes near 31st Avenue and Beardsley Road.
Further request for the City Controller to disburse all funds related to this item.
Summary
Acquisition of a sewer easement is required to tie into the existing sewer line and for
an odor control device. The parcel affected by this easement and included in this
request is identified by Maricopa County Assessor's parcel number 206-09-024 located
near 31st Avenue and Beardsley Road.
Financial Impact
Funding is available in Water Services Department's budget.
Location
Near 31st Avenue and Beardsley Road.
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services and Finance departments.
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Report
Control Purposes (Ordinance S-49642)
Request to authorize the City Manager, or his designee, to acquire a sewer easement
by either donation, purchase within the City's appraised value, or by the power of
eminent domain for odor control purposes near 31st Avenue and Beardsley Road.
Further request for the City Controller to disburse all funds related to this item.
Summary
Acquisition of a sewer easement is required to tie into the existing sewer line and for
an odor control device. The parcel affected by this easement and included in this
request is identified by Maricopa County Assessor's parcel number 206-09-024 located
near 31st Avenue and Beardsley Road.
Financial Impact
Funding is available in Water Services Department's budget.
Location
Near 31st Avenue and Beardsley Road.
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services and Finance departments.
Page 138
Report
Supporting documents
No supporting documents stored.
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Item text
Aviation Department Elevator, Escalator, and Moving Walkway Maintenance and
Repair Services Contract - COOP 23-062 - Request for Award (Ordinance S-
49643)
Request to authorize the City Manager, or his designee, to enter into a contract with
Kone, Inc. to provide elevator, escalator, and moving walkway maintenance and repair
services for the Aviation Department. Further request to authorize the City Controller to
disburse all funds related to this item. The total value of the contract will not exceed
$51,000,000.
Summary
This contract will provide all parts and labor to perform services and will include
preventative maintenance services, repair services, and safety tests to ensure that the
Aviation Department elevators, escalators, and moving walkways are maintained in
compliance with current code requirements for such equipment. This maintenance
service is vital for proper operation and longevity of the vertical and horizontal
transportation equipment. Proper maintenance and testing will protect the equipment
from deterioration, keep the equipment in constant peak performance, and keep
downtime to a minimum in a must-run environment at Phoenix Sky Harbor
International Airport, Deer Valley Airport, and Goodyear Airport.
Procurement Information
In accordance with Administrative Regulation 3.10, a Determination Memo was
authorized based on the following category: Special Circumstances Alternative
Competition. Omnia is a cooperative purchasing organization for state and local
governments, K-12 educational facilities, and colleges and universities. The contract
was awarded through a competitive process consistent with the City's procurement
processes, as set forth in the Phoenix City Code, Chapter 43. The City of Phoenix,
through the Finance Department, is a member of Omnia's cooperative purchasing
program which authorizes the City to contract with Kone, Inc. By utilizing the
cooperative agreement with Kone, Inc., the Aviation Department will have the benefit
of pre-negotiated exclusive rates available only to members of Omnia.
Contract Term
The contract will begin on or about June 1, 2023, for a five-year initial term with one-
Page 139
year option to extend the term.
Financial Impact
The contract value will not exceed $51,000,000 for the anticipated term. Funding is
available in the Aviation Department's budget.
Location
Phoenix Sky Harbor International Airport: 2485 E. Buckeye Road
Phoenix Deer Valley Airport: 702 W. Deer Valley Road
Phoenix Goodyear Airport: 1658 S. Litchfield Road, Goodyear, Ariz.
Council Districts: 1, 8 and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
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Report
Repair Services Contract - COOP 23-062 - Request for Award (Ordinance S-
49643)
Request to authorize the City Manager, or his designee, to enter into a contract with
Kone, Inc. to provide elevator, escalator, and moving walkway maintenance and repair
services for the Aviation Department. Further request to authorize the City Controller to
disburse all funds related to this item. The total value of the contract will not exceed
$51,000,000.
Summary
This contract will provide all parts and labor to perform services and will include
preventative maintenance services, repair services, and safety tests to ensure that the
Aviation Department elevators, escalators, and moving walkways are maintained in
compliance with current code requirements for such equipment. This maintenance
service is vital for proper operation and longevity of the vertical and horizontal
transportation equipment. Proper maintenance and testing will protect the equipment
from deterioration, keep the equipment in constant peak performance, and keep
downtime to a minimum in a must-run environment at Phoenix Sky Harbor
International Airport, Deer Valley Airport, and Goodyear Airport.
Procurement Information
In accordance with Administrative Regulation 3.10, a Determination Memo was
authorized based on the following category: Special Circumstances Alternative
Competition. Omnia is a cooperative purchasing organization for state and local
governments, K-12 educational facilities, and colleges and universities. The contract
was awarded through a competitive process consistent with the City's procurement
processes, as set forth in the Phoenix City Code, Chapter 43. The City of Phoenix,
through the Finance Department, is a member of Omnia's cooperative purchasing
program which authorizes the City to contract with Kone, Inc. By utilizing the
cooperative agreement with Kone, Inc., the Aviation Department will have the benefit
of pre-negotiated exclusive rates available only to members of Omnia.
Contract Term
The contract will begin on or about June 1, 2023, for a five-year initial term with one-
Page 139
year option to extend the term.
Financial Impact
The contract value will not exceed $51,000,000 for the anticipated term. Funding is
available in the Aviation Department's budget.
Location
Phoenix Sky Harbor International Airport: 2485 E. Buckeye Road
Phoenix Deer Valley Airport: 702 W. Deer Valley Road
Phoenix Goodyear Airport: 1658 S. Litchfield Road, Goodyear, Ariz.
Council Districts: 1, 8 and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 140
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Electronic Submittal and Verification Certified Payrolls - EXC 21-133 -
Amendment (Ordinance S-49653)
Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 155571 with AskReply, Inc. dba B2GNOW for the
purchase of electronic payroll verification for the Street Transportation Department.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $99,393.
Summary
This contract will provide software, which monitors payrolls under federally funded
construction projects, to ensure compliance with Davis Bacon wage requirements.
Increases in the capital improvement program and increased federal funding received
by the Street Transportation Department have caused the volume of construction
projects to grow, leading to increased needs for payroll monitoring for contractors and
subcontractors.
Contract Term
The contract term remains unchanged, ending Oct. 26, 2026.
Financial Impact
Upon approval of $99,393 in additional funds, the revised aggregate value of the
contract will not exceed $268,622. Funds are available in the Street Transportation
Department's budget.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Electronic Submittal and Verification Certified Payrolls; Contract 155571; Ordinance
S-48021 on Oct. 27, 2021.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.
Page 141
Report
Amendment (Ordinance S-49653)
Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 155571 with AskReply, Inc. dba B2GNOW for the
purchase of electronic payroll verification for the Street Transportation Department.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $99,393.
Summary
This contract will provide software, which monitors payrolls under federally funded
construction projects, to ensure compliance with Davis Bacon wage requirements.
Increases in the capital improvement program and increased federal funding received
by the Street Transportation Department have caused the volume of construction
projects to grow, leading to increased needs for payroll monitoring for contractors and
subcontractors.
Contract Term
The contract term remains unchanged, ending Oct. 26, 2026.
Financial Impact
Upon approval of $99,393 in additional funds, the revised aggregate value of the
contract will not exceed $268,622. Funds are available in the Street Transportation
Department's budget.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Electronic Submittal and Verification Certified Payrolls; Contract 155571; Ordinance
S-48021 on Oct. 27, 2021.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.
Page 141
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Acquisition of Real Property along Thomas Road between 48th and 52nd
Streets for Fire Station 13 (Ordinance S-49655)
Request to authorize the City Manager, or his designee, to acquire real property
along Thomas Road between 48th and 52nd streets either by donation, purchase
within the City's appraised value, purchase at a settlement amount arrived at
through mediation and determined by the City Manager or designee to be
reasonable under the circumstances, or by the power of eminent domain, for Fire
Station 13. Further request authorization to provide relocation assistance and
benefits as federally mandated, and to execute agreements to minimize relocation
costs and allow occupants time to relocate, as may be necessary to and in
furtherance of this acquisition. Additionally, request to authorize the City Controller
to disburse, and for the City Treasurer to accept, all funds related to this item.
Summary
Fire Station 13, currently located at 2828 N. 47th Place, is an older station that
requires updating and expansion. The proposed location will improve response
times and provide space for additional equipment to better serve the public.
The parcels affected by this project and included in this request are identified by
Maricopa County Assessor's parcel number 128-16-001B and 128-16-001A located
at 5018 E. Thomas Road.
Financial Impact
Funding is available in the Fire Department's Capital Improvement Program budget.
Location
Along Thomas Road between 48th and 52nd streets.
Council District: 6
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Fire and
Finance departments.
Page 142
Report
Streets for Fire Station 13 (Ordinance S-49655)
Request to authorize the City Manager, or his designee, to acquire real property
along Thomas Road between 48th and 52nd streets either by donation, purchase
within the City's appraised value, purchase at a settlement amount arrived at
through mediation and determined by the City Manager or designee to be
reasonable under the circumstances, or by the power of eminent domain, for Fire
Station 13. Further request authorization to provide relocation assistance and
benefits as federally mandated, and to execute agreements to minimize relocation
costs and allow occupants time to relocate, as may be necessary to and in
furtherance of this acquisition. Additionally, request to authorize the City Controller
to disburse, and for the City Treasurer to accept, all funds related to this item.
Summary
Fire Station 13, currently located at 2828 N. 47th Place, is an older station that
requires updating and expansion. The proposed location will improve response
times and provide space for additional equipment to better serve the public.
The parcels affected by this project and included in this request are identified by
Maricopa County Assessor's parcel number 128-16-001B and 128-16-001A located
at 5018 E. Thomas Road.
Financial Impact
Funding is available in the Fire Department's Capital Improvement Program budget.
Location
Along Thomas Road between 48th and 52nd streets.
Council District: 6
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Fire and
Finance departments.
Page 142
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Acceptance of a Traffic Control Easement along the East Side of Tatum
Boulevard, North of Bell Road (Ordinance S-49658)
Request for the City Council to accept a traffic control easement located along the east
side of Tatum Boulevard, north of Bell Road, from Dillon Real Estate Co., Inc., a
Kansas Corporation; further ordering the ordinance recorded.
Summary
The approximate 506 square-foot traffic control easement was donated by Dillon Real
Estate Co., Inc., for a traffic signal modernization project. The permanent easement is
located along the east side of Tatum Boulevard, north of Bell Road, within Maricopa
County Assessor's parcel number 215-11-985A and is more fully described in the legal
description to be recorded with the ordinance.
Location
East side of Tatum Boulevard, north of Bell Road.
Council District: 2
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation and Finance departments.
Page 143
Report
Boulevard, North of Bell Road (Ordinance S-49658)
Request for the City Council to accept a traffic control easement located along the east
side of Tatum Boulevard, north of Bell Road, from Dillon Real Estate Co., Inc., a
Kansas Corporation; further ordering the ordinance recorded.
Summary
The approximate 506 square-foot traffic control easement was donated by Dillon Real
Estate Co., Inc., for a traffic signal modernization project. The permanent easement is
located along the east side of Tatum Boulevard, north of Bell Road, within Maricopa
County Assessor's parcel number 215-11-985A and is more fully described in the legal
description to be recorded with the ordinance.
Location
East side of Tatum Boulevard, north of Bell Road.
Council District: 2
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation and Finance departments.
Page 143
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Street Sweepers - Utility Equipment - COOP 21-041-Amendment (Ordinance S-
49662)
Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 154839 with Norwood Equipment, LLC, Federal Signal
Corporation's local vendor, for the purchase of up to eight Elgin Broom Bear Street
Sweepers for the Public Works Department. Further request to authorize the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $2,400,000.
Summary
This contract will provide street sweepers, related services and supplies for the Public
Works Department on behalf of the Street Transportation Department. The street
sweepers include the Elgin Broom Bear Street Sweepers line which has been proven
to perform in intense heat and to collect heavy sand that is constantly being removed
from driving lanes. Street sweepers are purchased in accordance with PM-10
guidance, and are required for the safety of drivers and pedestrians while commuting
on city streets. In addition, they are used to protect sewers from damage during
inclement weather and as dust inhibitors for pollution prevention. Additional funds are
needed to allow for the purchase of additional sweepers through contract expiration.
Purchases will focus on equipment that have reached the end of their life cycle and
have become cost inefficient to keep in operational condition.
Contract Term
The contract term remains unchanged, ending on June 22, 2026.
Financial Impact
Upon approval of $2,400,000 in additional funds, the revised aggregate value of the
contract will not exceed $4,800,000. Funds are available in the Street Transportation
Department’s budget.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Street Sweeper, Utility Equipment Contract (Ordinance S-47756) on June 23, 2021
Page 144
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Works
Department.
Page 145
Report
49662)
Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 154839 with Norwood Equipment, LLC, Federal Signal
Corporation's local vendor, for the purchase of up to eight Elgin Broom Bear Street
Sweepers for the Public Works Department. Further request to authorize the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $2,400,000.
Summary
This contract will provide street sweepers, related services and supplies for the Public
Works Department on behalf of the Street Transportation Department. The street
sweepers include the Elgin Broom Bear Street Sweepers line which has been proven
to perform in intense heat and to collect heavy sand that is constantly being removed
from driving lanes. Street sweepers are purchased in accordance with PM-10
guidance, and are required for the safety of drivers and pedestrians while commuting
on city streets. In addition, they are used to protect sewers from damage during
inclement weather and as dust inhibitors for pollution prevention. Additional funds are
needed to allow for the purchase of additional sweepers through contract expiration.
Purchases will focus on equipment that have reached the end of their life cycle and
have become cost inefficient to keep in operational condition.
Contract Term
The contract term remains unchanged, ending on June 22, 2026.
Financial Impact
Upon approval of $2,400,000 in additional funds, the revised aggregate value of the
contract will not exceed $4,800,000. Funds are available in the Street Transportation
Department’s budget.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Street Sweeper, Utility Equipment Contract (Ordinance S-47756) on June 23, 2021
Page 144
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Works
Department.
Page 145
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Sell City-owned Real Property Identified as Excess Real
Property Inventory (Ordinance S-49666)
Request to authorize the City Manager, or his designee, to sell City-owned real
property by sealed bid solicitation, to be offered to the two adjacent property owners.
Should the City fail to receive a responsive and responsible bid, further requesting
authorization to negotiate with the bidder whose bid most closely conforms with the
elements of the bid solicitation, to yield the highest return in value to the City, as
deemed acceptable by the City Manager or his designee. Additionally, request to
authorize the City Treasurer to accept all funds related to this item.
Summary
The excess real property is a 25-foot drainage way located between two residential
properties, containing approximately 3,089 square feet. The parcel, originally used for
drainage, is no longer needed by the Street Transportation Department because of the
construction of the Loop 101 Freeway. The drainage way is not developable as a
standalone parcel.
The City Manager, or his designee, will offer the property by sealed bid solicitation to
the two adjacent property owners. The City will select the highest responsive and
responsible offer for the real property, and will enter into a purchase agreement
containing terms and conditions acceptable to the City. The subsequent fee simple
conveyance will be by special warranty deed. The property will be sold "as-is" based
on market value to be determined by an appraisal or other valuation method accepted
by the Finance Department's Real Estate Division.
The property to be sold is identified by Maricopa County Assessor parcel number 213-
25-790, identified as Tract B in the recorded plat, Maricopa County recording 267-20.
Financial Impact
Revenue will be reflective of market value.
Location
Along the north side of Escuda Drive, west of 12th Street.
Council District: 2
Page 146
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation and Finance departments.
Page 147
Report
Property Inventory (Ordinance S-49666)
Request to authorize the City Manager, or his designee, to sell City-owned real
property by sealed bid solicitation, to be offered to the two adjacent property owners.
Should the City fail to receive a responsive and responsible bid, further requesting
authorization to negotiate with the bidder whose bid most closely conforms with the
elements of the bid solicitation, to yield the highest return in value to the City, as
deemed acceptable by the City Manager or his designee. Additionally, request to
authorize the City Treasurer to accept all funds related to this item.
Summary
The excess real property is a 25-foot drainage way located between two residential
properties, containing approximately 3,089 square feet. The parcel, originally used for
drainage, is no longer needed by the Street Transportation Department because of the
construction of the Loop 101 Freeway. The drainage way is not developable as a
standalone parcel.
The City Manager, or his designee, will offer the property by sealed bid solicitation to
the two adjacent property owners. The City will select the highest responsive and
responsible offer for the real property, and will enter into a purchase agreement
containing terms and conditions acceptable to the City. The subsequent fee simple
conveyance will be by special warranty deed. The property will be sold "as-is" based
on market value to be determined by an appraisal or other valuation method accepted
by the Finance Department's Real Estate Division.
The property to be sold is identified by Maricopa County Assessor parcel number 213-
25-790, identified as Tract B in the recorded plat, Maricopa County recording 267-20.
Financial Impact
Revenue will be reflective of market value.
Location
Along the north side of Escuda Drive, west of 12th Street.
Council District: 2
Page 146
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation and Finance departments.
Page 147
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Acceptance and Dedication of Easements for Public Utility, Sidewalk and Bus
Pad Purposes (Ordinance S-49667)
Request for the City Council to accept and dedicate easements for public utility,
sidewalk and bus pad purposes; further ordering the ordinance recorded.
Summary
Accepting the property interests below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.
Easement (a)
Applicant: KMS Enterprises, LLC., its successor and assigns
Purpose: Public Utility
Location: 12602 N. 24th St.
File: FN 230027
Council District: 3
Easement (b)
Applicant: Novica Bosnjak & Ilinka Bosnjak, its successor and assigns
Purpose: Public Utility
Location: 2136 E. Paradise Lane
File: FN 230029
Council District: 3
Easement (c)
Applicant: ZT Biltmore Owner, LLC, its successor and assigns
Purpose: Bus Pad
Location: 2355 E. Highland Ave.
File: FN 230015
Council District: 6
Easement (d)
Applicant: ZT Biltmore Owner, LLC, its successor and assigns
Purpose: Sidewalk
Page 148
Location: 2355 E. Highland Ave.
File: FN 230015
Council District: 6
Easement (e)
Applicant: EZ Homes Inc, its successor and assigns
Purpose: Public Utility
Location: 2332 N. 28th Place
File: FN 230022
Council District: 8
..Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.
Page 149
Report
Pad Purposes (Ordinance S-49667)
Request for the City Council to accept and dedicate easements for public utility,
sidewalk and bus pad purposes; further ordering the ordinance recorded.
Summary
Accepting the property interests below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.
Easement (a)
Applicant: KMS Enterprises, LLC., its successor and assigns
Purpose: Public Utility
Location: 12602 N. 24th St.
File: FN 230027
Council District: 3
Easement (b)
Applicant: Novica Bosnjak & Ilinka Bosnjak, its successor and assigns
Purpose: Public Utility
Location: 2136 E. Paradise Lane
File: FN 230029
Council District: 3
Easement (c)
Applicant: ZT Biltmore Owner, LLC, its successor and assigns
Purpose: Bus Pad
Location: 2355 E. Highland Ave.
File: FN 230015
Council District: 6
Easement (d)
Applicant: ZT Biltmore Owner, LLC, its successor and assigns
Purpose: Sidewalk
Page 148
Location: 2355 E. Highland Ave.
File: FN 230015
Council District: 6
Easement (e)
Applicant: EZ Homes Inc, its successor and assigns
Purpose: Public Utility
Location: 2332 N. 28th Place
File: FN 230022
Council District: 8
..Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.
Page 149
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Acceptance of an Easement for Water Purposes (Ordinance S-49668)
Request for the City Council to accept an easement for water purposes; further
ordering the ordinance recorded.
Summary
Accepting the property interest below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.
Easement (a)
Applicant: ZT Biltmore Owner, LLC, its successor and assigns
Purpose: Water
Location: 2355 E. Highland Ave.
File: FN 230015
Council District: 6
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.
Page 150
Report
Request for the City Council to accept an easement for water purposes; further
ordering the ordinance recorded.
Summary
Accepting the property interest below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.
Easement (a)
Applicant: ZT Biltmore Owner, LLC, its successor and assigns
Purpose: Water
Location: 2355 E. Highland Ave.
File: FN 230015
Council District: 6
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.
Page 150
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Roof and Roofing Systems - Installation, Products and Services - 18R-PRO-0418-
Amendment (Ordinance S-49671)
Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 150228 with Progressive Services, Inc., dba Progressive
Roofing, for the purchase of roof and roofing systems to include installation, products
and services for Citywide departments. Further request to authorize the City Controller
to disburse all funds related to this item. The additional expenditures will not exceed
$2,568,000.
Summary
This contract will provide roof and roofing systems to include installations, repairs,
restorations, products and services for a wide variety of roof types to meet the City's
ongoing needs. This contract includes various roofing systems to accommodate all
City structures, and is used for roofing system repairs and replacements on an as-
needed basis. Additional funds are needed to continue essential department
operations Citywide through contract expiration. The main users of this contract
include the Phoenix Convention Center and the Aviation, Public Works, Parks and
Recreation, and Water Services departments.
Contract Term
The contract term remains unchanged, ending on July 1, 2024.
Financial Impact
Upon approval of $2,568,000 in additional funds, the revised aggregate value of the
contract will not exceed $5,918,000. Funds are available in the various department
budgets.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Roof and Roofing Systems - Installation, Products and Services Contract 150228
(Ordinance S-45693) on June 5, 2019.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.
Page 151
Report
Amendment (Ordinance S-49671)
Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 150228 with Progressive Services, Inc., dba Progressive
Roofing, for the purchase of roof and roofing systems to include installation, products
and services for Citywide departments. Further request to authorize the City Controller
to disburse all funds related to this item. The additional expenditures will not exceed
$2,568,000.
Summary
This contract will provide roof and roofing systems to include installations, repairs,
restorations, products and services for a wide variety of roof types to meet the City's
ongoing needs. This contract includes various roofing systems to accommodate all
City structures, and is used for roofing system repairs and replacements on an as-
needed basis. Additional funds are needed to continue essential department
operations Citywide through contract expiration. The main users of this contract
include the Phoenix Convention Center and the Aviation, Public Works, Parks and
Recreation, and Water Services departments.
Contract Term
The contract term remains unchanged, ending on July 1, 2024.
Financial Impact
Upon approval of $2,568,000 in additional funds, the revised aggregate value of the
contract will not exceed $5,918,000. Funds are available in the various department
budgets.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Roof and Roofing Systems - Installation, Products and Services Contract 150228
(Ordinance S-45693) on June 5, 2019.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.
Page 151
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Elevator Maintenance Services - Citywide - IFB 16-030 - Amendment (Ordinance
S-49688)
Request to authorize the City Manager, or his designee, to execute amendment to
Contract 142331 with Centric Elevator Corporation of Arizona to extend contract term.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $6,000,000.
Summary
This contract will provide all parts and labor needed to perform elevator repair and
maintenance services which includes preventative maintenance services, repair
services and safety tests to ensure that City elevators and lifts are maintained in
compliance with current code requirements for such equipment. Extending this
contract allows the City to utilize the current lowest market price for services and also
access elevator parts at no additional cost.
Contract Term
Upon approval the contract will be extended through May 31, 2028.
Financial Impact
Upon approval of $6,000,000 in additional funds, the revised aggregate value of the
contract will not exceed $11,600,000. Funds are available in various department
budgets.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Elevator Maintenance Services 142331 (Ordinance S-42341) on March 2, 2016.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.
Page 152
Report
S-49688)
Request to authorize the City Manager, or his designee, to execute amendment to
Contract 142331 with Centric Elevator Corporation of Arizona to extend contract term.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $6,000,000.
Summary
This contract will provide all parts and labor needed to perform elevator repair and
maintenance services which includes preventative maintenance services, repair
services and safety tests to ensure that City elevators and lifts are maintained in
compliance with current code requirements for such equipment. Extending this
contract allows the City to utilize the current lowest market price for services and also
access elevator parts at no additional cost.
Contract Term
Upon approval the contract will be extended through May 31, 2028.
Financial Impact
Upon approval of $6,000,000 in additional funds, the revised aggregate value of the
contract will not exceed $11,600,000. Funds are available in various department
budgets.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Elevator Maintenance Services 142331 (Ordinance S-42341) on March 2, 2016.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.
Page 152
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Professional Services Agreement with SS&C Technologies, Inc. (Ordinance S-
49695)
Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 147816 with SS&C Technologies, Inc., to extend contract term. Further
request to authorize the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $120,000.
Summary
The vendor provides web-service hosting and continued annual maintenance of the
Portia Investment System. The Finance Department uses the Portia Investment
System as an essential control for safeguarding, managing, and reporting of the City's
$4.8 billion investment portfolios.
This item has been reviewed and approved by the Information Technology Services
Department.
Contract Term
Upon approval the contract will be extended through May 31, 2024.
Financial Impact
Upon approval of $120,000 in additional funds, the revised aggregate value of the
contract will not exceed $529,000. Funds are available in the Finance Department's
operating budget.
Concurrence/Previous Council Action
The City Council previously approved this request:
Professional Services Agreement with SS&C Technologies, Inc. (Ordinance S-44604)
on May 16, 2018.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.
Page 153
Report
49695)
Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 147816 with SS&C Technologies, Inc., to extend contract term. Further
request to authorize the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $120,000.
Summary
The vendor provides web-service hosting and continued annual maintenance of the
Portia Investment System. The Finance Department uses the Portia Investment
System as an essential control for safeguarding, managing, and reporting of the City's
$4.8 billion investment portfolios.
This item has been reviewed and approved by the Information Technology Services
Department.
Contract Term
Upon approval the contract will be extended through May 31, 2024.
Financial Impact
Upon approval of $120,000 in additional funds, the revised aggregate value of the
contract will not exceed $529,000. Funds are available in the Finance Department's
operating budget.
Concurrence/Previous Council Action
The City Council previously approved this request:
Professional Services Agreement with SS&C Technologies, Inc. (Ordinance S-44604)
on May 16, 2018.
Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.
Page 153
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Community Service Fund Drive Campaign Services (Ordinance S-49687)
Request to authorize the City Manager, or his designee, to enter into a contract with
Valley of the Sun United Way to provide Community Service Fund Drive Campaign
Services.
Summary
The City has a tradition of giving back to the community with the annual Community
Service Fund Drive (CSFD) in partnership with Valley of the Sun United Way. This is
an opportunity to support nonprofit organizations in education, housing and
homelessness, health and workforce development. Valley of the Sun United Way will
act as the fiscal sponsor and provide campaign services for the CSFD and the City's
Helping Other Phoenix Employee (HOPE) Fund.
Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of an approved Determination Memo citing Valley of the Sun United Way as a
Special Circumstances - Without Competition. Valley of the Sun United Way has been
a long-time partner of the City in its annual CSFD and has offered excellent,
professional campaign services and the City wishes to continue its partnership with
this organization.
Contract Term
The contract will begin on June 1, 2023 and will end May 31, 2028.
Financial Impact
There is no financial impact. Valley of the Sun United Way is a 501(c)(3) tax-exempt,
non-profit organization.
Responsible Department
This item is submitted Assistant City Manager Lori Bays and the Human Resources
Department.
Page 154
Report
Request to authorize the City Manager, or his designee, to enter into a contract with
Valley of the Sun United Way to provide Community Service Fund Drive Campaign
Services.
Summary
The City has a tradition of giving back to the community with the annual Community
Service Fund Drive (CSFD) in partnership with Valley of the Sun United Way. This is
an opportunity to support nonprofit organizations in education, housing and
homelessness, health and workforce development. Valley of the Sun United Way will
act as the fiscal sponsor and provide campaign services for the CSFD and the City's
Helping Other Phoenix Employee (HOPE) Fund.
Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of an approved Determination Memo citing Valley of the Sun United Way as a
Special Circumstances - Without Competition. Valley of the Sun United Way has been
a long-time partner of the City in its annual CSFD and has offered excellent,
professional campaign services and the City wishes to continue its partnership with
this organization.
Contract Term
The contract will begin on June 1, 2023 and will end May 31, 2028.
Financial Impact
There is no financial impact. Valley of the Sun United Way is a 501(c)(3) tax-exempt,
non-profit organization.
Responsible Department
This item is submitted Assistant City Manager Lori Bays and the Human Resources
Department.
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Report
Supporting documents
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Item text
Approving the Memorandum of Understanding Between the City of Phoenix and
Laborers' International Union of North America, LIUNA Local 777 (Unit 1)
(Resolution 22115)
The City of Phoenix has met and conferred with Laborers' International Union of North
America, LIUNA Local 777 (Unit 1) in accordance with the terms of Phoenix City Code
section 2-218, and a Memorandum of Understanding (MOU) has been approved by
the organization's membership. A copy of the proposed MOU has been filed with the
City Clerk and an opportunity for public comment was conducted at the April 19, 2023,
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
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ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
BETWEEN
LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA,
LOCAL 777, AFL-CIO
AND
CITY OF PHOENIX
REPRESENTING FIELD UNIT I EMPLOYEES
Page 156
TABLE OF CONTENTS
ARTICLE 1: RIGHTS ................................................................................................................................ 5
Section 1-1. Purpose ........................................................................................................................... 5
Section 1-2. Recognition ................................................................................................................... 5
Section 1-3. City and Department Rights ...................................................................................... 6
Section 1-4: Union Rights .................................................................................................................. 6
Section 1-5. Rights of Unit Employees......................................................................................... 14
Section 1-6. Prohibition of Strikes and Lockouts...................................................................... 21
Section 1-7. New Positions / Classifications .............................................................................. 21
ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT ....................................... 22
Section 2-1. Grievance Procedure ................................................................................................. 22
Section 2-2. Labor-Management Committee .............................................................................. 26
Section 2-3. Bargaining Unit Work ................................................................................................ 27
Section 2-4. Health and Safety Committee .................................................................................. 28
Section 2-5. Public Outreach & Public/Employee Safety Cross Training ........................... 29
Section 2-6. Laborers’ Apprenticeship Projects ........................................................................ 30
ARTICLE 3: COMPENSATION / WAGES .......................................................................................... 31
Section 3-1. Wages ............................................................................................................................ 31
Section 3-2. Productivity Enhancement Pay ............................................................................. 32
Section 3-3. Overtime ........................................................................................................................ 33
Section 3-4. Call-Out Pay ................................................................................................................. 35
Section 3-5. Out-Of-Class Pay ........................................................................................................ 36
Section 3-6. Pesticide Applicator Differential ............................................................................. 37
Section 3-7. Shift Differential Pay .................................................................................................. 37
Section 3-8. Weekend Shift Differential Pay ............................................................................... 38
Section 3-9. Stand-By Pay ............................................................................................................... 38
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Section 3-10. Show-Up Time ........................................................................................................... 38
Section 3-11. Jury Duty Pay ............................................................................................................ 39
Section 3-12. Deferred Compensation Program ........................................................................ 40
Section 3-13. Sick Leave Conversion at Retirement................................................................. 40
ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS ......................................................... 40
Section 4-1. Hours of Work.............................................................................................................. 40
Section 4-2. Rest and Lunch Periods ........................................................................................... 42
Section 4-3. Clean-Up Time ............................................................................................................. 43
Section 4-4. Seniority ........................................................................................................................ 43
Section 4-5. Transfer Program........................................................................................................ 43
Section 4-6. CDL Renewal ............................................................................................................... 44
ARTICLE 5: BENEFITS.......................................................................................................................... 44
Section 5-1: Employee Assistance ................................................................................................ 44
Section 5-2: Health and Dental Insurance ................................................................................... 44
Section 5-3: Life Insurance .............................................................................................................. 45
Section 5-4. Long Term Disability Insurance.............................................................................. 46
Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave Donations ........................ 46
Section 5-6. Tuition Reimbursement ............................................................................................ 49
ARTICLE 6: MISCELLANEOUS ........................................................................................................... 50
Section 6-1. Saving Clause .............................................................................................................. 50
Section 6-2. Copies of MOU ............................................................................................................ 50
Section 6-3. Aid to Construction of Provisions of MOU .......................................................... 50
Section 6-4. Part-Time Employees ................................................................................................ 51
Section 6-5. Term and Effect of MOU............................................................................................ 51
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PREAMBLE
Whereas the well-being and morale of employees of the City are benefited by providing
employees an opportunity to participate in the formulation of policies and practices
affecting the wages, hours and working conditions of their employment; and
Whereas the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter “Memorandum”) are not intended to abrogate the authority
and responsibility of City government provided for under the statutes of the State of
Arizona or the charter or ordinances of the City except as expressly and lawfully modified
herein; and
Whereas the parties agree that the Phoenix Employment Relations Board (PERB) unit
certification reflects that there exists a clear and identifiable community of interest among
employees covered by this Memorandum; and
Whereas the parties, through their designated representatives, met and conferred in good
faith pursuant to the Meet and Confer Ordinance in order to reach agreement concerning
wages, hours, and working conditions of employees in Field Unit I; and
Whereas it is understood by the parties that any hours or fractions of hours spent outside
the employee's work shift in pursuit of rights and benefits provided by this Memorandum,
shall not be counted as hours or time worked for the purpose of calculating and paying
overtime;
Now therefore, the City of Phoenix, hereinafter referred to as the "City" and Laborers’
International Union of North America, Local 777, AFL-CIO, hereinafter referred to as the
"Union", having reached this complete agreement concerning wages, hours and working
conditions for the term specified, the parties submit this Memorandum to the City Council
of the City of Phoenix with their joint recommendation that the body resolve to adopt its
terms.
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ARTICLE 1: RIGHTS
Section 1-1. Purpose
It is the purpose of this Memorandum of Understanding (hereinafter "MOU") to continue
and maintain harmonious relations, cooperation and understanding between the City and
its employees; and to set forth the full and entire understanding of the parties reached as
a result of good faith meeting and conferring regarding wages, hours, terms and
conditions of employment of the employees covered hereby, which understanding the
parties intend jointly to submit and recommend for approval and implementation to the
Mayor and City Council.
Section 1-2. Recognition
The City of Phoenix recognizes Laborers’ International Union of North America, Local
777, AFL-CIO, (hereinafter "Union") as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance for all regular employees in positions as
certified or hereafter certified by the Phoenix Employment Relations Board (PERB) as
constituting Field Unit I. This includes the following positions in Unit I:
All regular full-time and part-time field employees employed by the following City of
Phoenix Departments: (1) City Clerk – Mail Room, (2) Human Services – Laborers, (3)
Parks & Recreation – Division Operations, Sports and Turf Management, Specialized
Maintenance, and Aquatics Division, (4) Public Transit – Minibus Operators, (5) Public
Works – Solid Waste Collections and Disposal Divisions, Landfill Operations and Transfer
Stations, and (6) Street Transportation – Street Maintenance Division, Sign
Manufacturing, Street Marking and Parking Meter Sections.
Whenever any words used herein in the masculine, feminine or neuter, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
The City will notify the Union, in writing, 30 calendar days in advance before any new
position or classification is placed permanently within Unit 1. The parties agree to consult
on the inclusion or exclusion of new classification(s) in Unit I and will thereafter refer any
such matter to PERB for appropriate action.
If any conflict exists between the language in the Administrative Regulations or
employment/department rule and the language of this MOU, the MOU shall prevail.
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Section 1-3. City and Department Rights
A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the sole and exclusive right to operate, administer and manage its municipal
services and work force performing those services in all respects except as expressly
modified by this MOU.
B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not officially and expressly modified by specific
provisions of this MOU, and such decision making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.
C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations, consistent with law and the specific provisions of
this MOU to direct its employees, to take disciplinary action for just cause, to relieve
its employees from duty because of lack of work or for other legitimate reasons, to
determine the methods, means and personnel by which the City's services are to be
provided, including the right to schedule and assign work and overtime, and to
otherwise act in the interest of efficient service to the community. Nothing herein shall
be construed to diminish the rights of the City under the Meet and Confer Ordinance.
Section 1-4: Union Rights
A. No employee shall suffer reprisal for the exercise of rights granted by this MOU.
B. Union Release
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and LIUNA Local 777 have negotiated
full-time release positions, and release hours, as an efficient and readily available
point of contact for addressing labor-management concerns. Examples of work
performed by the release positions in support of the City include ensuring
representation for unit employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in
collaborative labor-management initiatives that benefit the City and the unit
employees; serving on City and departmental task forces and committees; facilitating
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effective communication between City and Department management and unit
employees; assisting unit employees in understanding and following work rules; and
administering the provisions of the Memorandum of Understanding. The cost to the
City for these release positions, including all benefits, has been charged as part of the
total compensation contained in this agreement in lieu of wages and benefits.
1. Full-Time Release Positions
Three (3) persons designated as official full-time release Union representative for
the unit shall be allowed up to 2,080 work hours for each representative per MOU
year to engage in lawful Union activities pursuant to and consistent with this MOU.
The full-time release positions agree to be bound by all City rules and regulations.
Time used for this purpose in excess of 2,080 hours for each representative shall
be at the expense of the Union and the Union shall reimburse the City at the
employee's hourly rate of pay. The City will pay the employee's full-time fringe
benefits.
The Union shall notify Labor Relations and the appropriate Human Resources
Liaison 5 working days in advance when requesting release time for the above
official designated Union representatives.
The Union will submit quarterly reports to the Labor Relations Division documenting
the regular work schedules of the release positions and any leave used during the
quarter.
Upon return from full-time release, the official Union representative shall be
reinstated to their original location/yard and schedule. If the previous location is no
longer available, then the employee will have their choice of location/yard and
schedule based on availability and operational need as determined by the
department. Once at the location/yard the employee will, if applicable, receive an
available assignment of route, truck and partner. They will then have an opportunity
to participate in the next future transfer process in accordance with the department’s
transfer policy. In addition, any approved leave time the employee had scheduled
prior to their return to their department shall be honored by the department.
The City will provide 3 parking cards to the Union.
2. Union Stewards
The Union may designate 45 Union members as stewards and shall notify the Labor
Relations Administrator of such designations. There shall be no obligation on the
City to change or adjust normal departmental scheduling or assignments of
personnel as a result of such designations. Such designations shall be made from
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amongst Union members regularly working at the job sites within the proximate
geographic area where they are intended to provide representation. The Union shall
endeavor to be equitable in the distribution of its stewards.
a) One such representative from the Grievant’s home department may, after the
Grievant and the supervisor were unable to resolve the matter informally (Article
2, Section 2-1-A), when the Union is designated by a Grievant as his
representative, attend mutually scheduled grievance meetings and hearings
with department representatives without loss of pay or benefits. Paid release
time used for any other purpose, such as gathering information, interviewing the
grievant or witnesses, or preparing a presentation shall be charged against the
bank of Union release hours (Section 1-4 D).
b) City employees who are on duty and are, either witnesses, charging parties,
appellants or grievants and the shop steward representing any such employee
from the employee’s home department, may attend grievance, Civil Service,
Phoenix Employment Relations Board (P.E.R.B.) and department Accident
Review Board meetings on City time provided 1) it is for their particular case
which is either scheduled or on the public meeting agenda for that date and time
and 2) Once a witness testimony has been concluded, or if a grievant, charging
party or appellant once that agenda item has been completed or the grievance
meeting concluded, unless they have made other arrangements in advance with
their immediate supervisors approval, they will promptly return to work.
Management reserves the right to restrict the number of witnesses who can be
off of the job at any one time but will cooperate in rotating witnesses from the
workplace so as to minimize the impact to operations and service to the public.
For group grievances the group will be allowed to select no more than two non-
witness grievant representatives to attend the proceeding. These do not have
to be the same group grievant representative for each step or meeting of the
entire proceeding. As a matter of courtesy, employees will give management as
much notice as possible.
c) Union designated representatives shall be admitted to the buildings and
grounds of the City for the purpose of assisting in the adjustment of grievances
and other official Union business, so long as such will not, in any manner,
interfere with any work operation or the safety and security of any work site.
Such representative will check in with the supervisor involved and will be
required to conform with the operational and safety regulations and procedures
as directed by the supervisor.
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3. Bank of Union Release Hours
The Union will be allowed, subject to operational and scheduling factors and 4
working days advance request in each instance, a unit total of 4,287.25 hours paid
release time in a bank of release hours per M.O.U. year. Requests for release time
shall be submitted to the Labor Relations Administrator and approval of release
time hereunder shall not be arbitrarily withheld. The cost to the City for these
release hours, including fringe, has been charged as part of the total compensation
contained in this agreement in lieu of wages and benefits. Examples of how these
hours are used by the Union include:
• For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations.
• For stewards to provide representation when a steward from the employee’s
home department or a full-time release employee is unavailable.
• For a second representative to attend a grievance or investigative meeting.
• For authorized representatives to attend Union conferences, meetings,
seminars, training classes and workshops so that representatives better
understand issues such as City policies and practices, conflict resolution, labor-
management partnerships, and methods of effective representation.
• For authorized representatives to research and prepare for grievance meetings
and disciplinary hearings.
• For authorized representatives to educate and communicate with unit
employees in support of City policies and programs, and participate in City
partnerships.
Only one representative may be released from the same work group at the same
time. No representative will be permitted to use more than 420 hours of release
time from the bank of hours in any one MOU year.
Any hours used in excess of the bank of Union release hours must be approved by
the Labor Relations Administrator and the LIUNA Local 777 Lead Business
Manager. The number of hours used in excess of the allowable Union release hours at
the end of the contract term will be deducted from the Union release hours available for the
following year. A surplus of hours will be carried over into the next year to a maximum total
Union release of 7500 hours.
a) The Union shall be allowed up to $20,000 per MOU year to be used towards
LIUNA Local 777-City of Phoenix Apprenticeship Programs to purchase training
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materials, uniforms, promotional outreach materials, instructional activities such
as schools and workshops, and any other activity approved by the Human
Resources Director or his/her designee for Unit employees approved to
participate in the Apprenticeship Programs. These monies are to be paid to the
Union in one lump sum in the first pay period of each MOU year. The Union will
document the nature of the expenditures made for each Unit employee
approved to participate in the Apprenticeship Programs. The City Auditor
Department may conduct an audit of the funds designated for the
Apprenticeship Programs periodically. Any payments not adequately supported
by the documentation of expenses, or payments made for activities outside the
scope of this agreement, will be returned to the City by the Union.
At the end of each fiscal year, any money not expended on the Apprenticeship
Programs will be carried over to the next year for continued use in these
programs. The funds set aside for the Apprenticeship Programs will not exceed
$30,000 and the City and the Union will discuss appropriate measures to ensure
the Union receives the appropriate economic value.
b) In recognition of the mutual benefit provided to the City and the Union by the
full-time release positions, the City agrees to pay the Lead Business Agent of
the Unit two hundred and eight overtime hours each MOU year. The two full
time Union Representatives will be paid 80 hours overtime each MOU year. The
overtime will be paid on the last paycheck of July upon request of the Union.
The Union shall make such request no later than June 1.
The Union agrees to reimburse the City of Phoenix for the equivalent salary
costs plus fringe benefits on or before the last day of July each MOU year.
C. Unit employees may be authorized in advance in writing to engage in lawful Union
related activities during City work hours on a non-paid basis by the City Manager or
his designee in his unrestricted discretion consistent with this MOU.
D. There shall be no use of official time for unit-related activities except as has been
expressly authorized under this MOU. The City reserves the right to deny approval of
request for use of official time for activities not expressly authorized under this MOU.
The City shall not arbitrarily deny requests for use of official time for union activities.
E. Payroll Deductions
1) The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union membership dues as certified by an
authorized official of the Union and regular periodic Union sponsored insurance
benefits pursuant to the City's deduction authorization form duly completed and
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signed by the employee and transmit such deductions monthly to the Union no later
than the 14th day following the end of the pay period in which the deduction occurs,
along with an alphabetical list of all employees for whom deductions have been
made. Such deductions shall be made only when the Union member's earnings for
a pay period are sufficient after other legally required deductions are made.
Authorization for membership dues deductions herein shall remain in effect during
the term hereof unless revoked by the employee. Revocation of deductions shall
be accepted by the City only during the first week of July or January to be effective
the following payroll period. The City will notify the Union of any revocations
submitted to it, consistent with the PERB Ordinance Section 2-214.
If it is determined by a final decision by a court of competent jurisdiction that “Fair
Share” does not violate Arizona State law or the Arizona State Constitution, the
Union and City shall open up this contract to bargain in good faith over the “Fair
Share” issue.
2) The City shall not make dues deductions for unit employees on behalf of any other
employee organization as defined in the Meet and Confer Ordinance, during the
term of this MOU.
3) The City assumes no liability on account of any actions taken pursuant to this
section. The City shall, however, as promptly as technically possible, implement
changes brought to its attention. The City shall, at the written request of the Union
during the term of this agreement, make changes in the amount of deduction
hereunder for the general membership, provided cost for implementing such
changes shall be reimbursed by the Union. This charge shall not apply to
submission of new individual authorization cards or revocations or individual status
changes.
F. Facilities and Services
1) The Union may distribute material which is not abusive of any person or
organization, which does not violate Administrative Regulation (A.R.) 2.16, and
which is not disruptive of the City’s operation. Materials may be posted or
distributed on the City's premises (buildings and grounds) before and after
scheduled working hours or in non-work areas during scheduled work hours
provided both the employee distributing and the employee receiving such material
are on their own time.
2) The City shall provide the Union with bulletin board space for its sole and exclusive
use in communicating with its members at mutually agreeable locations. All bulletin
boards will be kept updated with material that is current and up to date.
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3) The Union shall have the right to meet with new unit employees for the purpose of
informing each such employee of the Union and of that employee's right to have
Union dues deducted from his/her pay warrant. The Human Resources Department
will notify the Union when orientation sessions involving new unit employees are
scheduled.
Such opportunity shall be afforded the Union during the new employee orientation
(NEO) sessions conducted by the Human Resources Department, Public Works
Department Orientation Program (PWOP), and Parks & Recreation Department
New Employee Orientation (Parks & Recreation NEO), Streets Transportation
Department New Employee Orientation (Streets Transportation NEO), Aviation
Department New Employee Orientation (Aviation NEO).
The speaker cannot be defamatory against the City or specific departments or
individuals.
G. List of Unit Employees
Upon the Union’s filing of a Third-Party Data Sharing agreement with the HR
Department, the City shall provide electronically, at no cost, a list of unit employees
which includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service
Date, Dept ID, Department, Job Title, Job Locator Code, Mailing Address, City, State,
Zip, Home Phone, Work Phone, active Union deduction, and a monthly list of
employees added that month to Unit 1.
Any and all information furnished by the City shall be used by the Union solely for the
purpose of communicating with unit employees, other legitimate union purposes, and
shall not be shared with any other individual or organization.
H. Upon written request from the Union, the City will provide specific information from an
employee’s personnel files pertinent to a written grievance, arbitration case or civil
service appeal. The City will also provide all pertinent collective bargaining information
requested by the Union. The information will be supplied to the Union at no charge.
I. In accordance with the City’s selection and interview process guidelines and at
management’s request, Union Designated Employees will participate in City Selection
processes.
J. For a unit employee whose regular shift is other than day shift, there will be flexibility
in changing his, her or their normal work hours for the purposes of attending official
Labor-Management meetings called by or with the concurrence of the Department
Head or designee. There shall be a 48-hour notice to the affected Department to
ensure proper coverage.
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K. City Email
The City shall send union-requested communication using the City Email System
using the following procedures:
Processing Guidelines
• Requests for email distribution must be submitted by the LIUNA Local 777
Business Manager or their designee from the labor group to the Labor Relations
email address (labor.relations@phoenix.gov).
• Labor Relations will review the email content to ensure compliance with the
guidelines noted below.
• Labor Relations will distribute compliant emails to unit members within 5 business
days.
• A limit of one email per month, per labor group will be distributed. Exceptions will
be reviewed by Labor Relations.
• Emails will only be distributed to the corresponding unit members.
• Emails will be sent to unit members via blind copy.
• The standard City notice not to reply will be included on all emails.
Email Content Guidelines
The following is a list of acceptable types of communication. This is not an all-inclusive
list:
• Labor benefit fairs/ meet-and-greets.
• Union Open House's.
• City program/policy changes.
• Open Enrollment.
• Promoting City/union-sponsored training, committees, safety programs or
initiatives.
• City/union/association-sponsored charitable events or community projects.
Other Guidelines/Information
• Communication cannot violate City policies.
• Communication cannot reflect negatively on the City organization, City staff,
elected officials, or residents.
• Communication cannot negatively Impact our residents' perception of the City.
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• All distributed emails are subject to the City's public records policy (reference AR
1.60, Public Records Request Processing).
• Changes may be made to these procedures at any time.
• Changes will be communicated with labor groups prior to implementation.
Section 1-5. Rights of Unit Employees
A. Non-Discrimination
All unit employees have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in the
Union.
B. Grievance Representation
All unit employees have the right to present their own grievance, in person or by legal
counsel in accordance with Article 2, Section 2-1. A copy of all MOU grievances, filed
by anyone other than a designated official Union representative, shall be sent to the
Union office. There shall be no cost incurred to the Union.
C. Disciplinary Investigations / NOI Representation
A. Unit employees have the right to be represented by the union and the union
reserves the right to provide representation to its members in dealings with the City
concerning grievances, and matters pertaining to their individual employment
rights and obligations, and during an investigatory interview concerning
allegations focused on the employee which may result in disciplinary action.
B. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with an employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they
have a reasonable belief that discipline (a written reprimand or higher) could result.
Should information be made during a conversation to attempt to resolve an issue
that could result in discipline, the supervisor will immediately stop the meeting and
utilize an investigatory process as outlined below. Any interview becomes
investigatory when facts or evidence sought by the City may result in a disciplinary
action.
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C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions. In either case, a Notice of
Inquiry (NOI) form will be used. The intent of the NOI is to clearly put employees
on notice that they are under investigation that could result in discipline, inform
them of the nature of the allegations against them, and inform them of their right
to representation.
Time limit for investigations
D. If the City elects to issue written questions to the employee, the following shall
apply:
I. If an NOI is being issued and there is no active questioning, representation is
not required. Employees may bring a representative if they desire, however
there will be no discussion during the issuance of the NOI.
II. The employee will have 72-hours excluding holidays and N-days to respond in
writing and provide any other material requested. This deadline may be
extended by mutual agreement if there are extenuating circumstances.
E. If the City elects to conduct an investigatory interview, the following shall apply:
I. Prior to the employee being interviewed, the unit employee shall be advised of
their right to a representative.
A. Prior to the employee being interviewed, the employee shall be advised of
their right to a representative and given up to 48 hours to secure
representation. The 48-hour time period may not apply in emergency
situations.
B. A unit employee identified solely as a witness will not be prevented from
contacting the union on their own time to consult with a union representative
prior to their interview.
II. The NOI form will be issued at the meeting.
III. The union representative may assist and consult with the employee, attempt to
clarify the facts or questions asked, and suggest other employees or witnesses
who may have knowledge of the underlying issues. The union representative
cannot speak on behalf of the employee or impede the progress of the
interview.
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IV. The member or representative may ask for a caucus during the meeting.
Caucuses will be granted for a reasonable timeframe. Ay any time either party
requests a caucus the party shall inform the other party of an estimate of what
time they shall return.
V. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be
allowed to seek advice from their representative in caucus during the interview.
A caucus will not be permitted when a question is pending. The employee will
be given the opportunity to clarify their answer after the caucus
VI. Neither party will behave in a violent, verbally abusive, insulting, or demeaning
manner toward the interviewer.
VII. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement for no more than 5 minutes.
VIII. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement.
Additional time may be granted at the sole discretion of the department and will
not be withheld arbitrarily.
IX. The employee will be provided with a copy of the interview notes and given 72
hours to confirm their answers and provide any additional information.
F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:
I. The employee will be instructed not to speak to anyone regarding an
investigation. This restriction does not apply to the union, the union’s attorney,
the employee’s family, the employee’s attorney, the employee’s clergy, the
investigator, or chain-of-command.
II. The employee will be advised if the inquiry is supervisor initiated or the result
of a citizen complaint, employee/co-worker complaint, or other.
III. The member shall also be informed of the Garrity protections afforded to public
employees who may also be under criminal investigation or whose actions
meet the elements of a crime [Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct.
616 (1967)].
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IV. A unit member shall receive a copy of any statement that they are asked to
sign.
V. Every 60 days, a unit employee under investigation may request a status
update. At management’s discretion, the status will be provided either verbally
or in writing.
G. Misc.
No investigatory documentation, such as the NOI or witness statements shall be
kept in the Personnel or Supervisory Files after the investigation is concluded.
H. Unit employees will be permitted to apply and/or compete in a transfer process
while in a pending investigation. The transfer process will not be delayed pending
the conclusion of the related investigation.
I. An employee who receives a written reprimand or suspension may request a copy
of the information upon which the written reprimand or suspension was based,
pertaining to what was specifically cited in the discipline at no cost to the employee.
J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the employee's work shift in pursuit of benefits
provided by this Article unless otherwise specified in this MOU. The employer shall
count as time worked any hours or fractions of hours spent within the employee's
regular work shift in pursuit of benefits provided by this Article.
D. Personnel Files
1) Any unit employee covered hereunder shall, at their request and by appointment,
be permitted to examine their personnel files in the presence of an appropriate
supervisory official of the Department and/or authorize a Union representative to
obtain copies of documents in their personnel files. Said files shall be in a location
as specified below, one per location. These include the main Human Resources
Department file, the department personnel file, and the official department office
personnel file contained at the district or yard office.
2) No unit employee shall have any adverse statements entered in to their personnel
file without having a discussion about the action.
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3) Unit employee may, at their discretion, attach no more than a 1-page rebuttal
statement to any material contained in their personnel file which may be of a
derogatory nature within 7 business days.
E. Fair & Impartial Treatment
All unit employees have the right to be treated equally and in a manner, which is fair
and impartial in any matter associated with the rights of unit employees under the
terms of this MOU.
F. Coaching / Supervisory Counseling
A coaching is a verbal discussion with an employee. A coaching is not to be
considered a first offense for purposes of progressive discipline. A written record of a
coaching may be placed in the supervisor’s files for both positive and negative
incidences. A coaching is to be one-on-one. When 2 or more supervisors are present
at the coaching, the employee shall be advised of their right to representation. An
employee may receive more than 1 coaching for a similar matter.
A supervisory counseling is a warning that the supervisor shall document in memo
form. A supervisory counseling is not discipline. They are to be used to determine only
notice to the employee. If a supervisory counseling is to be used in any disciplinary or
personnel action or any performance rating, the employee will be given the
supervisory counseling in memo form, that identifies the behavior requiring
improvement, the reason for the improvement, and the consequences of continuing
the unacceptable behavior. The memo will contain a line for the employee’s signature
and an above the line statement of “The employee shall date and sign the supervisory
counseling, not as an indication of agreement, but solely as evidence of being advised
of its existence.” The employee will receive a copy of the memo.
Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee's return to employment, if applicable):
Sustained discipline of 40-hour suspension or greater of the following types:
• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.
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• The employee has solicited or taken for personal use a fee, gift or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13-3102) at a City
worksite1, unless such employee is a police officer.
1(A worksite includes not only City buildings and property, but also City
vehicles and private vehicles while being used on City business, and
other assigned work locations).
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or
the property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies.
• The employee committed a violation of the City's Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
remove/inactivate eligible documents based on the below criteria by contacting the
department Human Resources Officer. Official records may only be inactivated and
not removed per records retention law, and members/employees will receive
confirmation once the requested record is removed/inactivated.
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Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original in
file.
Coaching’s/Supervisory Not maintained in Not maintained in
Remove annually
Counseling’s file. file.
provided no further
incidents.
Maintain original in
Maintain copy in
file.
file.
Employee may
Written Reprimands Employee may
request to
request to remove
inactivate
after 3 years.
after 3 years.
Maintain copy in
Maintain original in
file. Maintain copy in
file.
Remove annually file.
Suspensions Employee may
provided no further Employee may
(other than below) request to
incidents. request to remove
inactivate
after 10 years.
after 10 years.
Discipline under 21b2, Maintain original in
Maintain copy in
21b4, 21b5, 21b12, file.
file.
21b13, 21b14, 21b15, May not be
Cannot Remove
21b18, 21b19, 21b20. inactivated
G. Performance Evaluation
Although the terms “coaching” or “supervisory counseling” will not be used, the
employee’s behavior or performance which resulted in the “coaching” or “supervisory
counseling” can, along with any other behavior or performance, be discussed in the
performance evaluation.
If an employee is not given their performance evaluation by the annual review date,
the employee’s merit increase shall be processed within 21 calendar days following
the above due date and be retroactive to the performance evaluation annual review
date. (If an overall “met”).
H. Departmental Policies
The City will notify employees and Unit 1 of new or revised written City or
Departmental policies affecting unit employees as soon after release as possible. The
City shall post on their bulletin boards any new policies and/or revisions in City or
written department policies and procedures affecting Unit I employees. Notice shall
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remain posted for no less than 21 calendar days. Review of policy and procedure
revisions shall be included in employee group meetings when appropriate and
practical to do so.
Section 1-6. Prohibition of Strikes and Lockouts
A. The provisions of the Meet and Confer Ordinance are expressly incorporated herein.
B. The City nor its agents for any reason shall authorize, institute, aid or promote any
lockout of employees covered by this MOU.
Section 1-7. New Positions / Classifications
A. Classification and Compensation Studies
The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active positions
belonging to the Union. The Human Resources Department shall provide the Union
with an opportunity to meet with the person conducting the study prior to preparation
of any report or recommendations. The City shall notify the affected Union of the
results and recommendations resulting from any study 30 calendar days prior to that
study being presented to the Human Resources Committee. It should be noted that
there is no guarantee, either expressed or implied that changes to a classification or
its grade and salary range will result from a study.
B. New Classifications
The parties agree to consult on the inclusion or exclusion of new classification(s) in
the bargaining unit and may thereafter refer any such matter, jointly or individually, to
the Phoenix Employment Relations Board (PERB) for appropriate action.
C. Position Management
The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.
D. Union Requested Job Classification Studies
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The Union may submit written requests for job classification studies to the Human
Resources Department. Requests from the Union will be prioritized with other standing
requests.
1) All written requests for classification studies submitted by the Union shall include,
but not be limited to, the following information:
a) A full description of the new duties and responsibilities.
b) A full explanation of why the Union feels the position(s) should be reclassified.
c) A list of comparative positions/ classifications that led to the Union's request.
d) Such other information as is normally considered relevant to a classification
review.
2) The results of the audit of any classification study shall be subject to review by the
City's Personnel Committee in accordance with existing procedures.
3) The Union may submit a prioritized written request of classifications specific to the
unit that they wish to have studied. All written requests shall include a full
explanation of why the classification should be studied. This explanation shall
indicate whether the Union is requesting a full classification study (including job
levels and job architecture) or if the request is limited to a compensation review to
assess market competitiveness and grade and salary levels. At least one request
by the Union shall be completed by the Human Resources Department in order of
their ranking if the City Manager has authorized the HR Department to conduct
studies.
ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT
Section 2-1. Grievance Procedure
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee’s work shift in pursuit of benefits provide
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee’s regular work shift in pursuit of benefits provided by this
Article.
A. Informal Resolution
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1. As a matter of good labor-management relations the parties encourage unit
employees who believe that they have a bona fide grievance to discuss and attempt
to resolve it with their immediate non-unit supervisor.
2. If the above informal discussion is held and does not resolve the grievance, the
unit employee may file a formal grievance in accordance with the following procedure.
B. Definition of Grievance
1. A grievance is a written allegation by a unit employee, submitted as herein
specified, claiming violation(s) regarding the interpretation and/or application of the
specific express terms of this Memorandum for which there is no other specific and
formal method of review; and doesn’t have a fact pattern that has been presented to
and decided upon by the City Manager in a prior grievance. However, disputes
specifically excluded in other Articles of this Agreement from the Grievance and
Arbitration procedure shall not be construed as within the definition set forth above
and shall not be handled in accordance with this procedure. It is agreed that such
excluded disputes are not grievable or arbitrable under the terms of this Article or
under this contract.
2. The City continues to retain the format used for grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall be
null and void, and will not be processed in accordance with this procedure.
C. Procedure
All grievances covered by this Article shall be handled exclusively in the following
manner:
A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
1. Step 1
The unit employee shall reduce the grievance to writing by signing and completing the
grievance form provided by the City and submit it to the division head, or designee,
within 14 calendar days of the initial commencement of the occurrence being grieved.
The division head, or designee, may investigate, further consider, and discuss the
grievance with the grievant and the grievant’s representative, if any, as deemed
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appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. By mutual agreement,
the parties can agree to skip Step 1 and proceed to Step 2 of the grievance procedure.
2. Step 2
If the written response of the Step 1 does not result in a resolution of the grievance,
the grievant may appeal the grievance by signing and completing the City form and
presenting it to the department head, or designee within 14 calendar days of the
grievant’s receipt of the Step 1 response.
The department head, or designee, may further consider and discuss the grievance
with the grievant and the grievant’s representative, if any, as deemed appropriate, and
shall, within 14 calendar days of having received the written grievance, submit a
response thereto in writing to the grievant. By mutual agreement, the parties can agree
to skip Step 2 and proceed to Step 2.5 or Step 3 of the grievance procedure.
3. Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The
grievance, as originally written and Step 1 and Step 2 responses, must be submitted
to Labor Relations within 14 calendar days of receipt of the Step 2 response. Labor
Relations shall, within 14 calendar days of the receipt of the grievance, meet with the
department head, or designee, and the grievance and the grievant’s representative, if
any, in an attempt to resolve the grievance. Labor Relations shall then submit a written
response to all parties within 14 calendar days of the meeting.
4. Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in a
resolution of the grievance, the grievant may, within 14 calendar days of the Step
2 response, appeal the grievance by signing and completing the City form and
presenting it to Labor Relations. A Grievance Committee hearing will be scheduled
at which the grievant shall be afforded the opportunity to fully present their position
and to be represented.
The Grievance Committee shall be composed of:
Chairman – A member of the City Manager’s Office designated by the City
Manager.
Member – A City function head on a rotating schedule.
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Member – An individual mutually agreed upon between the City Manager,
or his designee, and LIUNA Local 777.
The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and their designated
representative.
b. If the grievant so elects in writing within the above time limit, in lieu of such hearing
the grievance may be reviewed by an arbitrator. The parties, or their designated
representatives, shall agree on an arbitrator, and if they are unable to agree on an
arbitrator within a reasonable time, either party may request the Federal Mediation
and Conciliation Service to submit to them a list of 7 arbitrators who have had
experience in the public sector. The parties shall, within 7 calendar days of the
receipt of said list, select the arbitrator by alternately striking names from said list
until one name remains. Such person shall then become the arbitrator. The
arbitrator so selected shall hold a hearing as expeditiously as possible at a time
and place convenient to the parties, and shall be bound by the following:
i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering any
issue properly before him/her.
ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not so submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City law.
iv. The cost of the arbitrator and any other mutually incurred costs shall be borne
equally by the parties.
The arbitrator shall submit findings and advisory recommendations to the City
Manager. The City Manager shall make the final determination of the grievance
and submit it in writing to the grievant and his designated representative.
D. Time Limits
Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
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grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.
E. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1-4 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.
F. Group Grievance
When more than one unit employee claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be filed
in the name of all such members. Such group grievances shall be filed at the Step of
this Procedure which provides the lowest level of common supervision having
authority over all named grievants. Each unit employee that is a party Grievant must
be named and must sign such group grievance.
G. Employer Grievances
Should they occur as a result of official Union activities or actions, including the failure
to act as required under the terms of this Memorandum, employer grievances will be
presented directly to the Union president or any officer of the Union within 14 days of
the occurrence prompting the grievance. The president, or designee, shall in each
case provide a written answer within 14 days from receipt of the grievance.
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3.
H. Municipal Court
It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Step 2 that the designated "Department Head" is the
Executive Court Administrator, and the "City Manager's Office" or "City Manager" shall
mean the Presiding Judge, or his designee as provided in the procedure.
Section 2-2. Labor-Management Committee
The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
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count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.
A. There shall be a Labor-Management Committee consisting of the three Union
Authorized Representatives, one LIUNA staff member, and four representatives from
management that are agreed upon by the LIUNA staff member and the Labor
Relations Administrator. The Labor-Management Committee shall be facilitated by
Labor Relations staff. The purpose of the Committee shall be to facilitate improved
relations, provide a forum for open and informal discussion, and make
recommendations for operational or other rules changes that are of mutual benefit.
B. The Committee shall meet, at least once a month per MOU year, or more often by
mutual agreement, at mutually agreed upon times. The Committee will meet to discuss
matters to be of a mutual benefit including, but not limited to, methods of improving
the level of productivity when needed. The members shall, upon request for a meeting,
provide the Chairman with proposed agenda items and the Chairman shall provide
the members with the meeting agenda in advance of the meeting.
C. Any signed/dated written Labor/Management agreements with the signatures of the
parties and the Chairman will be binding on the parties for the remaining term of the
MOU.
D. If the representative of the Union is a unit employee, such representative shall not
lose pay or benefits for meetings mutually scheduled during duty time.
E. During this Memorandum of Understanding, the City and the Union will establish a
Labor-Management Committee dedicated to the discussion of cost analysis for
potential contracted work presently performed by Unit employees, the reduction in
force process and any other matters deemed relevant by the Committee.
F. During this Memorandum of Understanding, the City and the Union will discuss the
following topics at the Labor Management Committee Meetings
• The City’s disciplinary process
Section 2-3. Bargaining Unit Work
A. Contracting Out Work – The City will notify the Union, in writing, of the City's
intent to contract with a private agency for planned or emergency work that is
currently being performed by unit employees. The Union may, within 5 business
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days of this notification, request a meeting for the purpose of discussing the
contracted work. The meeting will occur prior to any final recommendation to the
In cases of an emergency when Unit 1 employees are unavailable to perform the
work, for example, a staffing shortage or specialty work, the City will notify
LIUNA as soon as possible via phone or email. The intent is to provide the Union
the opportunity to discuss, but does not prevent the City from contracting the
work in an emergency situation.
Failure by the City to meet with the Union under this Article may be subject to the
Grievance Procedure (Article 2, Section 2-1) of this MOU.
B. The Management recommendation, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2, Section 2-1) of this MOU.
C. The City agrees that it will not assign work currently performed by LIUNA represented
employees to non-represented City employees or to employees in any other City of
Phoenix bargaining unit, for a period up to 90 days.
The exception will be when individuals are being placed in an effort to comply with
federal law, in which case the Union will be notified.
By mutual consent, the City and the Union may agree to a time period longer than 90
days.
Section 2-4. Health and Safety Committee
The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.
A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.
B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This Committee shall be composed of 2 unit
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employees appointed by the Union and 2 City representatives as designated by the
City Manager. The Chairmanship shall rotate among the members.
C. The Committee shall meet quarterly at mutually scheduled times or more frequently
by mutual agreement to consider on-the-job safety matters referred to it by the existing
departmental safety committees and safety officers, or otherwise coming to its
attention, and shall advise Department Heads and the City Manager concerning on-
the-job safety and health matters.
All written recommendations of the Committee shall be submitted to the Department
Head concerned and to the City Manager.
D. The Committee shall be guided by the applicable regulations of the State's OSHA
agency, and the City's existing practices and rules relating to safety and health, and
formulate suggested changes.
E. Employee members of the Committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time.
Incident Review Board
An Incident Review Board is an effective management tool to minimize injuries and
protect property. The function of an Incident Review Board is to determine if a vehicular
or operational incident is preventable or non-preventable. The City shall establish an
Incident Review Board in each Unit One represented department. Each Incident Review
Board shall have the same rules, and all rules shall be applied in the same manner in
each department.
Section 2-5. Public Outreach & Public/Employee Safety Cross Training
It is understood that bargaining unit employees are frequently required to address social
service needs and problems as well as threats to public health and public/employee
safety posed in our streets and parks.
To ensure that bargaining unit employees are trained adequately to safely deal directly
with members of the public and to properly refer citizens to appropriate City agencies, all
bargaining unit employees shall be cross-trained with public outreach and
public/employee safety skills in accordance with department needs.
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Section 2-6. Laborers’ Apprenticeship Projects
A. Gardener Apprenticeship Project
The Union and the City shall continue the Joint Pilot Apprentice Program as needed
and when positions are available for the Gardener classification in the City of Phoenix,
entitled “Phoenix Gardener Apprenticeship Program”.
The Phoenix Gardener Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix Parks
and Recreation Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.
The Phoenix Gardener Apprenticeship Program is designed to prepare individuals,
and produce highly qualified and well trained workers who have solid knowledge as
well as specific, technical job skills for occupations in the skilled trades and crafts.
The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
Gardener Apprenticeship Program.
B. SWEO Apprenticeship Project
The Union and the City shall establish a continue the Joint Pilot Apprentice Program
as needed and when positions are available for the Solid Waste Equipment Operator
classification in the City of Phoenix, entitled “Phoenix SWEO Apprenticeship
Program”.
The Phoenix SWEO Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix
Public Works Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.
The Phoenix SWEO Apprenticeship Program is designed to prepare individuals, and
produce highly qualified and well trained workers who have solid knowledge as well
as specific, technical job skills for occupations in the skilled trades and crafts. The
Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
SWEO Apprenticeship Program.
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C. Street Maintenance Worker I Apprenticeship Project
The Union and the City shall continue the Joint Pilot Apprentice Program as needed and
when positions are available for the Street Maintenance Worker classification in the City
of Phoenix, entitled “Phoenix Street Maintenance Worker Apprenticeship Program”.
The Phoenix Street Maintenance Worker Apprenticeship Program shall be organized with
a set of standards established by a 5 person Joint Apprenticeship Committee
(Committee). The Committee shall be comprised of 2 Union representatives, 2 City of
Phoenix Streets Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.
The Phoenix Street Maintenance Worker Apprenticeship Program is designed to prepare
individuals, and produce highly qualified and well trained workers who have solid
knowledge as well as specific, technical job skills for occupations in the skilled trades and
crafts. The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix Street
Maintenance Worker Apprenticeship Program.
ARTICLE 3: COMPENSATION / WAGES
Various sections of this MOU contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit employee have been negotiated in place of
a direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.
Section 3-1. Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This
will be paid as follows:
1. 5.67% base wage increase, effective the first full pay period in July 2023.
B. Additionally, Unit 1 employees will receive a non-continuous payment of
$2,655.00 for each full-time employee and $200.00 for each part-time
employee to be paid out on the first full pay period in August of 2023.
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The City will evaluate the American Rescue Plan Act and will provide a (non-specified)
percentage of premium pay as allowed by the legislation and deemed appropriate by
the City Council, balancing the needs of the community and employees in their
development of a strategic plan for the ARPA funds. The strategic plan will follow
guidelines provided by the Department of Treasury. This language will expire at the
conclusion of the 2021-2023 MOU.
C. During the term of this MOU the City will provide an annual budget presentation to the
LIUNA Local 777 Chapter Board. This presentation will be scheduled within 30 days
of the final budget being presented to Council.
D. It is understood that for implementation purposes, the practice of rounding of fractional
cents shall be done in accordance with accepted mathematical and accounting
principles.
E. Notwithstanding the rates of pay set forth in any appendix or attachment to the
agreement for reference, the term "Pay Schedule" shall mean the schedule computed
and published by the Human Resources Department for payroll purposes pursuant to
Council Action in the Pay and Compensation Ordinance.
Section 3-2. Productivity Enhancement Pay
In recognition of continuous service and overall performance, the City agrees to the
following productivity enhancement pay formula for unit employees.
A. Pay Benefit:
In November 2023, and June 2024, unit employees who meet the additional qualifications
of this section shall qualify for $50.00 for each full year of continuous full-time service in
excess of 5 years, up to an annual maximum of $1,400.00 at 19 years.
In November 2023, and June 2024, unit employees who have completed at least 20 years
of full-time service and who meet the additional qualifications of this section shall qualify
for $65.00 for each full year of continuous full-time service in excess of 5 years, up to an
annual maximum of $1,820.00.
B. Qualifications:
1) An employee must have completed at least 1 year of continuous full-time service
at the top step in his pay range. Qualifications for Productivity Enhancement pay
are made in the base class and will not be affected by movement into or out of
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assignment positions. As well, Productivity Enhancement pay will not be affected
by movements to positions within the same pay range.
2) An employee must have received a performance rating of overall "Met” on his latest
scheduled performance evaluation on file at the time of the qualifying date. For
employees who are otherwise eligible for Productivity Enhancement pay, an
employee who receives an overall “Not Met” evaluation shall receive another
evaluation within 90 days to 120 days, and if that evaluation is an overall “Met”, he,
she, they will be eligible to start receiving Productivity Enhancement pay the first
paycheck for the first full pay period after the next qualifying date. A unit employee
who receives an overall “Not Met” rating may appeal by memo through his chain
of command to the Department Head.
3) An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave. However,
the entire period of industrial leave shall qualify as continuous service when the
employee returns to active employment.
C. Terms of Payment:
1) The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit employee’s regular paycheck.
2) When a position is reclassified to a higher classification, or when classification is
assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which corresponds
the closest to their combined base pay and previous Productivity Enhancement
amount (incumbent’s annualized payment), and which does not result in a
decrease from that total amount. The placement in the new range will be limited to
the maximum step in the range. If the reclassification or pay range change only
results in a maximum possible one-range increase, and the incumbent is receiving
Productivity Enhancement pay, the employee will be moved to the top step and
continue to be eligible for Productivity Enhancement pay.
Section 3-3. Overtime
A. As a regular practice, overtime shall not be used. The parties agree that at times the
City may require overtime work outside of an employee’s regularly-scheduled shift.
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B. Overtime is defined as time assigned and worked beyond the regularly scheduled
40 hours per week.
C. Except for paid sick leave, all duly authorized paid leave time shall be considered as
time worked for the purposes of the regularly scheduled workweek. Paid sick leave
shall not be considered as time worked for the purpose of calculating overtime for
the regularly scheduled workweek.
The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.
D. Overtime shall be worked and shall be allowed if assigned by the non-unit supervisor
or other authorized representative of the City. The City shall endeavor to be
equitable in the distribution of voluntary overtime amongst qualified employees or
crews of employees within the same classification, function, work location, and shift.
Seniority may be used as a factor in determining the assignment of overtime work.
Other factors include skill level, assigned equipment, etc. The City will make
available to the Union upon request reports of overtime worked by unit employees
on a quarterly basis. The City reserves the right to assign overtime in the event
insufficient employees volunteer, to avoid inadequate staffing, to insure timely
service delivery or to conduct mandatory training.
Employees may be required to work on scheduled holidays and/or non-work days
during the holiday week in order to provide City services on weeks containing
holidays.
Rotational overtime work lists ranked by seniority shall be posted on city bulletin
boards and updated each time it is worked.
E. Compensation for overtime work as defined in Section B. above will be as follows:
1-½ times the regular rate. The regular rate shall include, if applicable, night shift
differential, stand-by pay, and out-of-class pay. Overtime will be compensated after
the first 7 minutes assigned and worked beyond a member's regularly scheduled
work week or work shift, as outlined in Section B, calculated to the nearest 1/4 hour.
There shall be no compounding or pyramiding of overtime pay with regular or
premium pay except as required under the Fair Labor Standards Act.
F. There shall be a minimum of 12 hours off between shifts. If this is not possible and
the unit employee is not receiving overtime pay for the additional hours worked (the
unit employee is not entitled to both overtime and 12-Hour Rule time), the unit
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employee shall receive 12-Hour Rule compensation (1-1/2 times the regular rate)
for each full hour worked within the described 12 hour period. This language only
applies to employees who work 2 full shifts.
Example #1:
Monday Tuesday Wed – Fri Total for Week
6a.m. – 5:30 p.m. 3:30 a.m. – 1p.m. 6a.m. – 2:30 p.m. 44 hrs. Worked
40 hrs. Paid at Regular Rate
11 hrs. Worked 9 hrs. Worked 8 hrs. Worked per Day
of Pay
2 hrs. within
4 hrs. Paid at 1-1/2 (OT)
12-Hour Rule
In example #1, the 12-Hour Rule time is not paid for the two hours worked within
the 12-Hour Rule because overtime was earned for the additional hours worked.
Example #2:
Monday Tuesday Wed – Thurs Friday Total for Week
6 a.m. – 5:30 3:30 a.m. – 1
6 a.m. – 2:30 p.m. 6 a.m. – 10 a.m. 40 hrs. Worked
p.m. p.m.
8 hrs. Worked 38 hrs. Paid at
11 hrs. Worked 9 hrs. Worked 4 hrs. Worked
per Day Regular Rate of Pay
2 hrs. within 2 hrs. Paid at 1-1/2
12-Hour Rule (12-Hour Rule)
In example #2, the 12-Hour Rule time is paid for the two hours worked within the 12-
Hour Rule because overtime was not earned for the additional hours worked.
G. In lieu of cash payment, a unit employee may request compensatory time credits up
to a maximum accumulation of 210 hours. The request for compensatory credit must
be made at the time the overtime is worked. Use of compensatory time off within the
work period shall be subject to departmental approval and scheduling.
Accumulated compensatory time in excess of 210 hours must be paid in cash.
Effective July 2009, 210 hours is increased to 215 hours.
Section 3-4. Call-Out Pay
A. A unit employee called out for work after going home from a shift or called out for
overtime work while on stand-by pay shall be entitled to a minimum of 3 hours pay at
1 ½ times the employee's regular rate of pay.
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B. Travel time shall be included in the minimum call-out guarantee and shall be paid only
if the total work and allowed travel time exceed the 3 hour minimum. The total travel
time compensated for round trip travel to and from the job site shall be 45 minutes.
C. Travel time shall not apply when the employee is working on overtime which was
planned in advance. An employee requested to report early, before the normal starting
time of the shift, shall not be eligible for travel time, but would qualify for overtime for
the extra time worked at the job site.
D. Once called out, Standby Pay will stop.
Section 3-5. Out-Of-Class Pay
A unit employee temporarily required to serve in a regular authorized position in a higher
classification shall be compensated at a higher rate of pay in accordance with the
following:
A. To be eligible for the additional compensation, the unit employee must first accumulate
10 regular working shifts of assignment in the higher class within any 24 month period;
satisfactory performance during a previous appointment to the higher class will be
credited to the qualifying period. The days of out-of-class assignment need not
necessarily be consecutive.
The days of out-of-class will be credited to the qualifying period. Once this qualification
is satisfied, no additional re-qualification will be required.
B. Temporary assignments out-of-class shall be recorded only in full-shift units. A unit
employee working out-of-class for 4 hours in an 8 hour shift or 5 hours in a 10 hour
shift or more in a given shift shall be credited with working out-of-class for the entire
shift. No out-of-class credit shall be given for out-of-class work of less than 4 or 5
hours in any given shift.
C. To qualify for out-of-class pay, a unit employee must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-class pay is
not authorized, for example, if the organization of a work unit is such that each unit
employee carries on his normal duties during the temporary absence of a supervisor,
without a need for the direction which the supervisor would provide on a longer term
basis. However, eligibility for out-of-class compensation shall take place when an
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employee becomes responsible on a regular basis, for the full range of duties normally
assigned to the higher class.
D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.
E. A unit employee who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift served
in the higher class. In the event of overlapping unit salary ranges, a minimum one-
step differential shall be paid for out-of-class assignments into unit classifications. The
higher rate of pay shall be used in computing overtime when authorized overtime is
served in out-of-class work assignments; the overtime rate shall be the rate
established by the overtime regulations that apply to the higher rank.
F. The City shall endeavor to be equitable in the distribution of out-of-class assignments
amongst qualified unit employees.
G. The City shall not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.
Section 3-6. Pesticide Applicator Differential
Licensed Pesticide Applicators shall receive $1.00 in addition to their base hourly rate for
each hour engaged in assigned and authorized activities when applying, mixing, or
managing herbicide or pesticides. This compensation includes any preparation and
maintenance of application equipment.
Section 3-7. Shift Differential Pay
Unit employees shall receive $1.00 per hour in addition to their hourly rate of pay when
working a night shift which ends at or after 9:00 p.m. and before midnight, and $1.50 per
hour in addition to their hourly rate of pay when working a night shift which includes work
during the period after midnight to 3:30 a.m.
Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time.
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Employees participating in a 4/10 work schedule shall receive $1.00 per hour in addition
to their hourly rate of pay when working a regular night shift which ends between 10:00
p.m. and 3:30 a.m., inclusive, and $1.50 per hour in addition to their hourly rate of pay
when working a regular night shift which ends after 3:30 a.m. Night shift differential shall
continue to be paid at the rate of the regular shift for any additional hours worked following
the regular shift.
Section 3-8. Weekend Shift Differential Pay
A unit employee shall receive $0.45 per hour added to his base hourly rate of pay and
any other shift differential or any other premium pay he, she, they may be receiving for
working a weekend shift. A designated weekend shift is defined as any shift that starts on
or after 2:00 p.m., on Friday, and continuing through any shift that starts on or before, but
not after 11:59 p.m. on Sunday.
A unit employee shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.
A unit employee, who is called out and works between 2:00 p.m. on Friday and 11:59
p.m. on Sunday, will be paid weekend shift differential for all hours worked at the rate
specified in this article. If a unit employee was called out while on stand-by status, he,
she, they will not receive weekend shift differential.
Section 3-9. Stand-By Pay
When a unit employee is required and assigned to be available for emergency call back,
outside of his regular daily or weekly work schedule, the employee shall be compensated
for such stand-by hours that he, she, they remained available at $3.25 per hour. Unit
employees serving in stand-by assignments shall be subject to contact requirements as
provided for by the Department Head.
Section 3-10. Show-Up Time
Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself/herself for work as scheduled, shall be paid
for at least 4 hours at the hourly rate of pay. If work on the employee's regular job is not
available for reasons beyond his control, the City may assign the employee substitute
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work. Where there is substitute work readily available, the opportunity for such work will
not be arbitrarily denied.
In the event scheduled work is interrupted due to conditions beyond the City's control,
and substitute work is not available to be assigned, affected employees shall be paid for
4 hours at the hourly rate of pay, beginning at release, or to the end of the scheduled
work shift, whichever occurs first. An employee shall have the option of using either
vacation or comp time. If there is no other leave available, unit employee shall be able to
use unpaid leave for the balance of the regular shift in compliance with the personnel
rules.
Employees released hereunder prior to the end of their scheduled shift may be required
to stand-by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-9 hereof). Employees called back to work shall be entitled to their hourly rate
of pay only and not any guaranteed minimums for work performed during the balance of
their regularly scheduled shift.
Section 3-11. Jury Duty Pay
A unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence for the period of jury or witness service and will be
compensated his/her regular pay and jury or witness pay for work absences necessarily
caused by such jury or witness duty. To be eligible for such pay, an employee must
present verification of the call to jury or witness duty.
A unit employee required by the Court to call in for jury duty the morning of his/her
scheduled daily work shift may elect to take the day off on vacation or compensatory time.
Such leave request shall not be denied. Should the unit employee be required by the
Court to report for jury duty, the vacation or compensatory time will be restored from the
actual time of reporting required by the Court through the end of the scheduled work shift.
To be eligible for such leave restoration, the unit employee must present verification of
the jury service.
Unit employees subpoenaed to appear as a witness in court as a result of their official
duties on their status as a City employee shall return all fees tendered for such service to
the City.
Paid Jury Duty leave shall not be allowed when the unit employee is the defendant,
plaintiff, or voluntary character witness in a court action.
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Section 3-12. Deferred Compensation Program
The current percentage of base pay for deferred compensation is .45 %.
Section 3-13. Sick Leave Conversion at Retirement
A. Sick Leave Cash Out Formula
A unit employee who has accumulated a minimum of 750 qualifying hours or more of
accrued and unused sick leave at the time of retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.
B. Final Average Salary
The number of sick leave hours eligible to be cashed out and included in an employee’s
Final Average Salary upon retirement will be limited to the number of sick leave hours in
the employee’s leave bank on July 1, 2012, provided all criteria are met as described in
Subsection A.
Employees with less than 250 hours of accrued and unused sick leave on July 1, 2012,
will not meet the minimum balance requirements for a sick leave cash out that can be
included in their Final Average Salary.
The portion of accrued and unused sick leave that is not included in the Final Average
Salary upon retirement can be cashed out as a lump sum upon retirement, provided all
criteria are met as described in Subsection A.
The number of vacation leave hours eligible to be cashed out and included in an
employee’s Final Average Salary upon retirement will be limited to the number of vacation
leave hours in the employee’s bank on June 30, 2014, not to exceed 450 hours.
ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS
Section 4-1. Hours of Work
The City, in collaboration with the Union, may approve flextime schedules when all the
following conditions are met:
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1. Approval of Department Head
2. Approval of LIUNA Local 777 Business Manager or their Designee
3. Mutually agreed schedule between Unit Employee and Supervisor
4. The City, the Union and the affected employee(s) shall sign a written agreement.
A. This Article is intended to define the normal hours of work and to provide the basis for
calculation and payment of overtime pursuant to Article 3, Section 3-3.
B. Work Week Defined
The regular work week for regular full-time unit employees shall consist of 5
consecutive work days in a 7 day pre-established work period, except as provided in
Article 4, Section 4-1-F and except in those departments performing normal services
regularly on Saturday and/or Sunday and except in those operations utilizing a
different work week, such as a 4 day work week.
C. Work Day Defined
The work day for regular full-time unit employees shall consist of 8 hours of work within
any 24 hours in a pre-established work schedule, exclusive of unpaid time allotted for
meals except in those operations utilizing a different workday schedule such as a 10
hour work day.
D. Work Schedule Changes
Except for emergency situations, permanent regular work schedules shall not be
changed without notice by the Department of at least 14 days to the affected
employee(s) and to the Union. Exceptions for more or less than the 14 days notice
mentioned above may be mutually agreed to by labor and management on a case by
case non-precedent basis.
When temporary work schedule changes are necessary, the Department will try to
give affected employees at least 2 calendar days notice or, if less notice, it will be
considered an emergency.
When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the Union of such changes or new schedules, prior to implementation.
Overtime work or stand-by, before or after the normal work day or work week, does
not constitute a change in the work schedule. A department will not reassign
employees to another work location temporarily for arbitrary or capricious reason(s).
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E. Summer Work Schedules
Summer hours may begin no later than the first Monday in April, and may terminate
no earlier than the second Monday in October whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier or terminated later in the
year than specified in this section. Summer work schedules in the Streets Department
and Parks Department may begin at 5:00 a.m.
It shall be within the Department Head's discretion to determine starting times for
summer hours based on such operational considerations as dividing and/or rotating
crew starting times to facilitate safety to the public, employees and equipment, to
guarantee a high level of convenient service to the public, to preclude negative impact
on traffic flow, and similar factors.
F. SWEO Schedule
The City may implement a 10 hour workday, 4 workdays per week schedule in all
functions of the Solid Waste Management Division.
Except for Solid Waste Collections and Disposal, the regular work-week for regular
full-time unit employees working a “four/ten” work schedule shall consist of 4
consecutive work days in a 7 day pre-established work period.
Section 4-2. Rest and Lunch Periods
A. Existing workday schedules spanning 9 elapsed hours shall continue to include a 60
minute unpaid meal period. Existing workday schedules of 8-1/2 hours and 10-1/2
hours shall continue to include a 30 minute unpaid meal period. Workday schedules
of 8 and 10 consecutive hours shall include a paid straight time meal period of up to
½ hour on the job. Two (2) non-work periods of up to 15 minutes during a regular daily
shift shall be permitted by supervision to promote the health, safety, and efficiency of
employees on the job. Emergency situations may make this impossible in rare
situations. Activities of employees during those non-work periods shall not be subject
to any unreasonable restrictions.
B. When a unit employee does not receive a paid meal period, his/her meal period shall
be uninterrupted and duty-free.
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Section 4-3. Clean-Up Time
Employees will be given time, in keeping with past practice, at the end of a normal daily
shift for personal clean-up.
Such time is in addition to and exclusive of any time the City requires be spent for
maintaining equipment.
The intent of the above provision has always been to allow field employees who need
personal clean-up prior to rest or lunch periods a reasonable amount of time to do so.
Clean-up material should be supplied on an as needed basis to field employees. If the
field supervisors and employees act reasonably in addressing the issue, everyone will
have a healthier and safer work environment.
Section 4-4. Seniority
A. The City shall provide the Union with a list of unit employees showing each unit
employee’s employment date and class date.
B. Seniority shall be by length of service within a class. If seniority within a class is not
determinative, then length of service with the City shall prevail.
C. Seniority shall be used as a factor consistent with established Civil Service procedures
in choice of work assignments, vacation schedules, and in the determination of layoffs.
Department policies for work assignment selection and vacation scheduling will be
discussed with the Union at least 30 days prior to implementation.
Section 4-5. Transfer Program
The City and the Union acknowledge mutual interest in the success of the present
program of minimizing layoffs of employees by seeking to place such employees in other
positions, consistent with Civil Service Rules on seniority. The Union agrees to provide
positive counseling to unit employees so affected to ease the transition to other positions.
The City agrees to make available, on request, job counseling in order to provide training
assistance to the employee during the first 30 days of the new work assignment.
Although not required to honor a request for a voluntary transfer for an employee having
documented extraordinary personal hardship beyond his/her control, the City will try to
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honor the request. In such a case, factors such as, but not limited to, the employee’s shift,
seniority, and work record may be considered.
To every extent practicable, a transferred unit employee will be allowed to maintain his
previous vacation schedule.
Section 4-6. CDL Renewal
Employees will be allowed City time to renew their CDL license and or related
endorsements and will be reimbursed for such renewal fees which will include the
HAZMAT background screening fee.
ARTICLE 5: BENEFITS
Section 5-1: Employee Assistance
The City Employee Assistance Program, will provide confidential, individual and family
counseling to all employees and their household members. These services will be
furnished by an independent contract agency to be chosen by the City.
Section 5-2: Health and Dental Insurance
A. The City shall maintain the current 80/20 split for health insurance for both single and
family coverage. If there is a rate increase or decrease the City shall pay 80% of the
new monthly contribution and the employee will pay 20%.
B. The City agrees to the continuation of a Healthcare Taskforce for the purpose of
studying existing plans and to explore alternative plans. The Taskforce shall include
representatives of the City and Union.
C. The City shall retain the dental insurance plan for unit employees and their qualified
dependents. The plan shall consist of 80% payment of reasonable and customary
charges covered for preventive and diagnostic services, basic services, and major
services. The plan shall also include an orthodontia benefit providing for 80% payment
of reasonable and customary charges up to a maximum lifetime benefit of $4,000 per
person. This plan is subject to the deductibles and limitations contained in the contract
between the dental insurance carrier and the City of Phoenix. The City shall pay the
premium costs for single unit employees for employees enrolled in the base dental
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HMO or PPO plan (employee only coverage), and 75% of the premium costs for unit
employees and their qualified dependents (family coverage).
The City shall maintain the current dental premium split. If there is a rate increase or
decrease, the City will pay 100% of the new monthly contribution for single coverage
for employees enrolled in the base dental HMO or PPO plan. If there is a rate increase
or decrease, the City will pay 75% of the new monthly contribution, and the employee
will pay 25% for family dental coverage.
D. The City agrees to continue the formalized complaint procedure with respect to the
service under all plans.
E. Unit employees retiring on or after July 1, 2006, who meet all other MERP eligibility
requirements and enroll in either single or family City of Phoenix health insurance,
shall receive an additional $100.00 per month to help defray the cost of health
insurance.
Unit employees retiring after August 1, 2022, who meet eligibility requirements, shall
receive the $150 month allowance for Post Employment Health Plan accounts
(PEHP).
Section 5-3: Life Insurance
The City will provide regular full-time unit employees the existing off-the-job and on-the-
job life and dismemberment insurance coverage. The face value of the policy being
$15,000; in addition the City will pay $75,000 for death in-the-line-of-duty insurance.
The designated beneficiary of a unit employee will be paid for all accumulated sick leave
hours that remain on the City's official file at the time of a line-of-duty death of the unit
employee and payment will be based upon the unit employee’s current base hourly rate.
The beneficiary shall be designated in the eCHRIS Benefits portal for the City of Phoenix
Group Life Insurance Program on file in the City Human Resources Department.
Additionally, the City will provide to each unit employees a $200,000 death benefit
covering the unit employee’s commutation to and from their City work location. The
current City Life Insurance carrier will cover the unit employee’s commute for up to two
hours before their shift begins, and two hours after their shift concludes. The Union will
only pay the cost of their benefit the first year of the MOU.
In the event of the death of a unit employee while commuting to or from their work location,
for a period of two hours each way, the City will continue to pay the full monthly health
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insurance premium for the spouse and all eligible dependents. The current City Life
Insurance carrier for the payment of a supplementary commutation life insurance policy
for each unit employee. The Union will pay the cost of this benefit, if any, the first year of
each new MOU period.
Section 5-4. Long Term Disability Insurance
Employees who have been continuously employed and working on a full-time basis for
twelve consecutive months are eligible for long term disability coverage. After an
established 90 calendar day qualifying period, the plan will provide up to 66-2/3% of the
employee's basic monthly salary at the time disability occurs and continue up to age 75
for employees who have been employed full-time for 36 months and one day. This
coverage will be coordinated with leave payments, industrial insurance payments,
unemployment compensation, social security benefits and disability provisions of the
retirement plan.
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to apply for long term disability coverage for no more than 30 months.
Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave
Donations
A. Holidays / Personal Days
The City agrees to incorporate into the MOU the benefits provided under A.R. 2.11
modified to indicate the following holidays.
Employees, except those on hourly paid status, shall, when possible without disrupting
the various municipal services, be allowed the paid holidays listed below:
New Year’s Day January 1
Martin Luther King’s Birthday January, Third Monday
President’s Day February, Third Monday
Cesar Chavez Birthday March 31
Memorial Day May, Last Monday
Independence Day July 4
Labor Day September, First Monday
Veteran’s Day November 11
Thanksgiving Day November, Fourth Thursday
Friday after Thanksgiving Day Friday after Thanksgiving
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Christmas Eve Half an employee’s paid regular shift on
December 24
Christmas Day December 25
Two Personal Leave Days After completion of six months of full-time
employment.
When a holiday named in this regulation falls on Sunday, it shall be observed on the
following Monday. When a holiday named in this regulation falls on Saturday, it shall
be observed on the preceding Friday except that in the case of 6 day operations such
holidays may be observed on Saturday. This paragraph shall not apply to Christmas
Eve, which shall only be granted when it falls on the employees' regular scheduled
workday. In the case of continuous 24 hour, 7 day operations and 7 day non-continuous
operations, holidays shall be observed only on the calendar days on which they actually
fall.
The Personal Leave Days are added to an employee’s vacation leave bank and may
be taken on any day of the employee’s choosing after completion of six months of full-
time employment, subject to operational and scheduling factors and the limitations of
A.R. 2.11. This time does not alter the maximum carryover of vacation hours outlined
in A.R. 2.18.
If a full-time unit employee’s regularly scheduled day off falls on a holiday to which he,
she, they are entitled under this Article, 1st consideration shall be given to allowing 3
consecutive days off, but if this is not feasible, a substitute day off of 8 hours with pay
shall be given at straight time on a day designated by the Department Head. Unit
employees who work a 4/10 schedule, whose regularly scheduled day off falls on one
of the holidays listed in paragraph C of this Article, shall receive 10 hours of
compensatory time. An employee shall not be paid in cash in lieu of a substitute holiday
except that in extraordinary circumstances the City Manager's office may approve
payment in cash at a straight-time rate. The substitute holiday shall not be granted
when an employee is on paid industrial leave.
A unit employee whose regular scheduled day-off falls on a holiday specified in this
Article, and who is called in to work a regular shift on such holiday and scheduled day
off, shall be compensated at 1-1/2 the regular rate for each hour assigned and worked
in addition to the substitute holiday provided above.
B. Vacation Accumulation
Vacation accrual and carryover shall be governed according to the following table:
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MONTHLY MAXIMUM MAXIMUM
SERVICE ACCRUAL CARRYOVER PAYOUT
0-5 years 8 hours 192 hours 290 hours
6-10 years 10 hours 240 hours 350 hours
11-15 years 11 hours 264 hours 380 hours
16-20 years 13 hours 312 hours 440 hours
21+ years 15 hours 360 hours 500 hours
C. The parties agree that on all holidays, unit employees whose regularly assigned work
week consists of 4 10 shifts, shall not be required to submit documentation for 2 hours
of paid leave.
Unit employees shall be allowed a vacation buyout twice per calendar year, by
notifying the Department payroll staff in writing of such intent during the month of either
October or April, to be paid on the last paycheck of November and May. The total
annual buyout is up to a maximum of 80 hours taken in no more than 40 hour
increments, after the employee has accumulated a minimum of 175 hours and has
used 40 hours of vacation/comp-time during the calendar year.
D. Parental/Family Leave
The City will, as a matter of general policy, and subject to operational needs, authorize
up to 3 months of unpaid leave for an employee who is the parent of a newly born or
legally adopted child or any Unit employee who needs to care for an ill family member.
Family members include spouse, children (natural, adopted, foster, or stepchildren),
brother, sister, parents, grandparents, as well as others living in the same household
with the employee. Approval and use of this leave shall be subject to existing
Personnel Rules.
E. An employee may use up to 10 hours of accumulated sick leave in at least one-hour
increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. This will be marked
as “BO” on leave slips. When there is an extreme illness or injury situation where a
life or death question exists involving an immediate family member, an employee may
use up to 5 days of accumulated sick leave. (This should not be construed as
bereavement leave under Personnel Rule 15g). This will be marked as “BN” on leave
slips.
In addition, employees may have dependent care situations where the above leave is
insufficient to cover their absence. Therefore, employees will be allowed to use
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unscheduled accumulated vacation or compensatory time for the care of an immediate
family member up to a maximum of 5 incidents not to exceed a total of 40 hours each
calendar year.
For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave management
program, up to a maximum total of 7 incidents per calendar year. An incident is defined
as an absence from work, regardless of the length of time.
An immediate family member is defined as the employee’s spouse, qualified domestic
partner, mother, father or child. A child is defined as a biological, adopted, foster or
stepchild, legal ward, or a child of a person standing in place of a parent. A brother,
sister, grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member.
F. Leave Donations
Unit employees may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness or injury of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father, or child. A child is defined as a biological, adopted, foster or stepchild, legal
ward, or a child of a person standing in place of a parent. A brother, sister,
grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member. Requests to receive such leave
contributions will require a completed doctor’s certification.
Section 5-6. Tuition Reimbursement
A. Unit Employees who participate in the Tuition Reimbursement Program shall be
eligible for tuition reimbursement pursuant to the following provisions:
1. The maximum sum reimbursable to unit employees each MOU year shall be
$6,500.
2. To be eligible for any reimbursement, unit employees must have successfully
completed academic or training courses approved by the department and the
Human Resources Director as provided in existing Administrative Regulations.
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B. Tuition Reimbursement, in accordance with this Article, shall be made in the event an
employee’s approved course of instruction is terminated by the educational institution.
Tuition reimbursement shall not occur in the event of any voluntary termination of
employment by the employee.
C. The City will reimburse unit employees for expenses incurred as a result of requiring
and maintaining certification required by the City. The City will not reimburse unit
employees for classes the City provides at no cost, or for classes the City identifies
for unit employees to be taken at no cost.
D. Unit employees shall be allowed to utilize up to $150 to attend one-day, in-state, City-
related seminars/training.
ARTICLE 6: MISCELLANEOUS
Section 6-1. Saving Clause
A. If any article or section of this MOU should be held invalid by operations of law or by
a final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal, the
remainder of this MOU shall not be affected thereby.
Section 6-2. Copies of MOU
A. Within 60 days after this MOU is adopted by the City Council, the Union will arrange
for printing of jointly approved copies of it for furnishing one to every unit employee,
unit supervisor and to management personnel. The costs of such duplication and
distribution will be borne equally by the Union and the City.
B. Printing vendors secured by the Union shall comply with Chapter 18, Articles IV (City
Construction Contractors' Affirmative Action Requirements) and V (Supplier's and
Lessee's Affirmative Action Requirements), Phoenix City Code.
Section 6-3. Aid to Construction of Provisions of MOU
A. The provisions of this MOU shall be in harmony with the rights, duties, obligations and
responsibilities which by law devolve upon the City Council, City Manager, and other
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City boards and officials, and these provisions shall be interpreted and applied in such
manner.
B. The lawful provisions of this MOU are binding upon the parties for the term thereof, it
being understood that the Union is precluded from initiating any further meeting and
conferring for the term thereof relative to matters under the control of the City Council
or the City Manager.
Section 6-4. Part-Time Employees
Hourly paid unit employees, excluding seasonal and temporary employees, who have
worked a minimum of 50 hours in each pay period for 26 consecutive weeks shall be
entitled to the same benefits for authorized work on holidays as received by regular full-
time unit employees. In addition, such employees shall receive vacation credits prorated
for the number of hours worked after the qualifying period is satisfied. Vacation credits
shall be calculated and paid in cash in December and June. These hourly-paid employees
shall be considered for advancement from Pay Step 1 to Pay Step 2 after completing
1,040 hours of work in Step 1 and for advancement from Pay Step 2 to Pay Step 3 after
working 2,080 hours in Pay Step 2.
Hourly paid unit employees who have worked a minimum of 50 hours in each pay
period for 26 consecutive weeks shall be entitled to the same benefits as received by
regular full-time unit employees. Members that meet these requirements shall be
eligible for participation in the City's Health, Life, and Dental insurance programs. The
City's premium participation will be the same as that provided for full-time employees.
Continuation of participation under these plans will be determined by reviewing the
average hours worked in the prior 12-month period every calendar year on October 1.
This qualifying period will be determined for the following benefit year effective January
1. If the employee separates from City employment, the participation will cease.
Part-time employees are allowed an hours reduction of up to 2 weeks in one pay period
in the (26 week qualifying period and each period thereafter, without impacting their
eligibility to participate in the part-time employees’ benefit programs.
Section 6-5. Term and Effect of MOU
A. This Memorandum shall remain in full force and effect commencing with the beginning
of the first regular pay period in July 2023, up to the beginning of the first regular pay
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period commencing in July 2024. In compliance with the Meet and Confer Ordinance
(Phoenix City Code Chapter 2, Article XVII, Division 1) as may be amended, on or
before December 1, 2023, LIUNA 777 shall submit its proposed memorandum of
understanding for the next contract period.
B. Except as expressly provided in this MOU, the City shall not be required to meet and
confer concerning any matter, whether covered or not covered herein, during the term
or extensions thereof.
C. The provisions of this MOU shall be subject to Federal, State and local law that vests
jurisdiction and authority in other public boards and officials, including the City Council,
Phoenix Employment Relations Board, Phoenix Civil Service Board, City Manager and
Department Managers, or determines issues contrary to the provisions hereof.
D. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions. All side agreements executed during this MOU contract period will expire
on or before the contract end date unless incorporated into the MOU or extended by
mutual agreement. Any supplement, amendments, or modifications to this MOU which
are mutually agreed upon must be reduced to writing and signed by both parties.
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IN WITNESS WHEREOF, the parties have set their hands this
____ of May, 2023
______________________________________________________________________
Wendell Llopis, LIUNA Local 777 Representative
______________________________________________________________________
Greg Carmichael, Assistant Human Resources Director, City of Phoenix
_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix
ATTEST:
______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED AS TO FORM:
______________________________________________________________________
City Attorney, City of Phoenix
LIUNA 777 Team: City of Phoenix Team:
Wendell Llopis Greg Carmichael, Human Resources
Daniel Salinas Megan Avalos, Human Resources
Michael Ruelas Scott Coughlin, Parks and Recreation
Jasmine Barger Jesse Duarte, Street Transportation
Ronald March Felipe Moreno, Public Works
Alexis Petrinovic Kim Hill, Human Resources (Coordinator)
John Sandoval Lorraine Rodriguez, Human Resources (Scribe)
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Report
Laborers' International Union of North America, LIUNA Local 777 (Unit 1)
(Resolution 22115)
The City of Phoenix has met and conferred with Laborers' International Union of North
America, LIUNA Local 777 (Unit 1) in accordance with the terms of Phoenix City Code
section 2-218, and a Memorandum of Understanding (MOU) has been approved by
the organization's membership. A copy of the proposed MOU has been filed with the
City Clerk and an opportunity for public comment was conducted at the April 19, 2023,
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
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ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
BETWEEN
LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA,
LOCAL 777, AFL-CIO
AND
CITY OF PHOENIX
REPRESENTING FIELD UNIT I EMPLOYEES
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TABLE OF CONTENTS
ARTICLE 1: RIGHTS ................................................................................................................................ 5
Section 1-1. Purpose ........................................................................................................................... 5
Section 1-2. Recognition ................................................................................................................... 5
Section 1-3. City and Department Rights ...................................................................................... 6
Section 1-4: Union Rights .................................................................................................................. 6
Section 1-5. Rights of Unit Employees......................................................................................... 14
Section 1-6. Prohibition of Strikes and Lockouts...................................................................... 21
Section 1-7. New Positions / Classifications .............................................................................. 21
ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT ....................................... 22
Section 2-1. Grievance Procedure ................................................................................................. 22
Section 2-2. Labor-Management Committee .............................................................................. 26
Section 2-3. Bargaining Unit Work ................................................................................................ 27
Section 2-4. Health and Safety Committee .................................................................................. 28
Section 2-5. Public Outreach & Public/Employee Safety Cross Training ........................... 29
Section 2-6. Laborers’ Apprenticeship Projects ........................................................................ 30
ARTICLE 3: COMPENSATION / WAGES .......................................................................................... 31
Section 3-1. Wages ............................................................................................................................ 31
Section 3-2. Productivity Enhancement Pay ............................................................................. 32
Section 3-3. Overtime ........................................................................................................................ 33
Section 3-4. Call-Out Pay ................................................................................................................. 35
Section 3-5. Out-Of-Class Pay ........................................................................................................ 36
Section 3-6. Pesticide Applicator Differential ............................................................................. 37
Section 3-7. Shift Differential Pay .................................................................................................. 37
Section 3-8. Weekend Shift Differential Pay ............................................................................... 38
Section 3-9. Stand-By Pay ............................................................................................................... 38
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Section 3-10. Show-Up Time ........................................................................................................... 38
Section 3-11. Jury Duty Pay ............................................................................................................ 39
Section 3-12. Deferred Compensation Program ........................................................................ 40
Section 3-13. Sick Leave Conversion at Retirement................................................................. 40
ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS ......................................................... 40
Section 4-1. Hours of Work.............................................................................................................. 40
Section 4-2. Rest and Lunch Periods ........................................................................................... 42
Section 4-3. Clean-Up Time ............................................................................................................. 43
Section 4-4. Seniority ........................................................................................................................ 43
Section 4-5. Transfer Program........................................................................................................ 43
Section 4-6. CDL Renewal ............................................................................................................... 44
ARTICLE 5: BENEFITS.......................................................................................................................... 44
Section 5-1: Employee Assistance ................................................................................................ 44
Section 5-2: Health and Dental Insurance ................................................................................... 44
Section 5-3: Life Insurance .............................................................................................................. 45
Section 5-4. Long Term Disability Insurance.............................................................................. 46
Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave Donations ........................ 46
Section 5-6. Tuition Reimbursement ............................................................................................ 49
ARTICLE 6: MISCELLANEOUS ........................................................................................................... 50
Section 6-1. Saving Clause .............................................................................................................. 50
Section 6-2. Copies of MOU ............................................................................................................ 50
Section 6-3. Aid to Construction of Provisions of MOU .......................................................... 50
Section 6-4. Part-Time Employees ................................................................................................ 51
Section 6-5. Term and Effect of MOU............................................................................................ 51
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PREAMBLE
Whereas the well-being and morale of employees of the City are benefited by providing
employees an opportunity to participate in the formulation of policies and practices
affecting the wages, hours and working conditions of their employment; and
Whereas the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter “Memorandum”) are not intended to abrogate the authority
and responsibility of City government provided for under the statutes of the State of
Arizona or the charter or ordinances of the City except as expressly and lawfully modified
herein; and
Whereas the parties agree that the Phoenix Employment Relations Board (PERB) unit
certification reflects that there exists a clear and identifiable community of interest among
employees covered by this Memorandum; and
Whereas the parties, through their designated representatives, met and conferred in good
faith pursuant to the Meet and Confer Ordinance in order to reach agreement concerning
wages, hours, and working conditions of employees in Field Unit I; and
Whereas it is understood by the parties that any hours or fractions of hours spent outside
the employee's work shift in pursuit of rights and benefits provided by this Memorandum,
shall not be counted as hours or time worked for the purpose of calculating and paying
overtime;
Now therefore, the City of Phoenix, hereinafter referred to as the "City" and Laborers’
International Union of North America, Local 777, AFL-CIO, hereinafter referred to as the
"Union", having reached this complete agreement concerning wages, hours and working
conditions for the term specified, the parties submit this Memorandum to the City Council
of the City of Phoenix with their joint recommendation that the body resolve to adopt its
terms.
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ARTICLE 1: RIGHTS
Section 1-1. Purpose
It is the purpose of this Memorandum of Understanding (hereinafter "MOU") to continue
and maintain harmonious relations, cooperation and understanding between the City and
its employees; and to set forth the full and entire understanding of the parties reached as
a result of good faith meeting and conferring regarding wages, hours, terms and
conditions of employment of the employees covered hereby, which understanding the
parties intend jointly to submit and recommend for approval and implementation to the
Mayor and City Council.
Section 1-2. Recognition
The City of Phoenix recognizes Laborers’ International Union of North America, Local
777, AFL-CIO, (hereinafter "Union") as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance for all regular employees in positions as
certified or hereafter certified by the Phoenix Employment Relations Board (PERB) as
constituting Field Unit I. This includes the following positions in Unit I:
All regular full-time and part-time field employees employed by the following City of
Phoenix Departments: (1) City Clerk – Mail Room, (2) Human Services – Laborers, (3)
Parks & Recreation – Division Operations, Sports and Turf Management, Specialized
Maintenance, and Aquatics Division, (4) Public Transit – Minibus Operators, (5) Public
Works – Solid Waste Collections and Disposal Divisions, Landfill Operations and Transfer
Stations, and (6) Street Transportation – Street Maintenance Division, Sign
Manufacturing, Street Marking and Parking Meter Sections.
Whenever any words used herein in the masculine, feminine or neuter, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
The City will notify the Union, in writing, 30 calendar days in advance before any new
position or classification is placed permanently within Unit 1. The parties agree to consult
on the inclusion or exclusion of new classification(s) in Unit I and will thereafter refer any
such matter to PERB for appropriate action.
If any conflict exists between the language in the Administrative Regulations or
employment/department rule and the language of this MOU, the MOU shall prevail.
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Section 1-3. City and Department Rights
A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the sole and exclusive right to operate, administer and manage its municipal
services and work force performing those services in all respects except as expressly
modified by this MOU.
B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not officially and expressly modified by specific
provisions of this MOU, and such decision making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.
C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations, consistent with law and the specific provisions of
this MOU to direct its employees, to take disciplinary action for just cause, to relieve
its employees from duty because of lack of work or for other legitimate reasons, to
determine the methods, means and personnel by which the City's services are to be
provided, including the right to schedule and assign work and overtime, and to
otherwise act in the interest of efficient service to the community. Nothing herein shall
be construed to diminish the rights of the City under the Meet and Confer Ordinance.
Section 1-4: Union Rights
A. No employee shall suffer reprisal for the exercise of rights granted by this MOU.
B. Union Release
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and LIUNA Local 777 have negotiated
full-time release positions, and release hours, as an efficient and readily available
point of contact for addressing labor-management concerns. Examples of work
performed by the release positions in support of the City include ensuring
representation for unit employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in
collaborative labor-management initiatives that benefit the City and the unit
employees; serving on City and departmental task forces and committees; facilitating
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effective communication between City and Department management and unit
employees; assisting unit employees in understanding and following work rules; and
administering the provisions of the Memorandum of Understanding. The cost to the
City for these release positions, including all benefits, has been charged as part of the
total compensation contained in this agreement in lieu of wages and benefits.
1. Full-Time Release Positions
Three (3) persons designated as official full-time release Union representative for
the unit shall be allowed up to 2,080 work hours for each representative per MOU
year to engage in lawful Union activities pursuant to and consistent with this MOU.
The full-time release positions agree to be bound by all City rules and regulations.
Time used for this purpose in excess of 2,080 hours for each representative shall
be at the expense of the Union and the Union shall reimburse the City at the
employee's hourly rate of pay. The City will pay the employee's full-time fringe
benefits.
The Union shall notify Labor Relations and the appropriate Human Resources
Liaison 5 working days in advance when requesting release time for the above
official designated Union representatives.
The Union will submit quarterly reports to the Labor Relations Division documenting
the regular work schedules of the release positions and any leave used during the
quarter.
Upon return from full-time release, the official Union representative shall be
reinstated to their original location/yard and schedule. If the previous location is no
longer available, then the employee will have their choice of location/yard and
schedule based on availability and operational need as determined by the
department. Once at the location/yard the employee will, if applicable, receive an
available assignment of route, truck and partner. They will then have an opportunity
to participate in the next future transfer process in accordance with the department’s
transfer policy. In addition, any approved leave time the employee had scheduled
prior to their return to their department shall be honored by the department.
The City will provide 3 parking cards to the Union.
2. Union Stewards
The Union may designate 45 Union members as stewards and shall notify the Labor
Relations Administrator of such designations. There shall be no obligation on the
City to change or adjust normal departmental scheduling or assignments of
personnel as a result of such designations. Such designations shall be made from
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amongst Union members regularly working at the job sites within the proximate
geographic area where they are intended to provide representation. The Union shall
endeavor to be equitable in the distribution of its stewards.
a) One such representative from the Grievant’s home department may, after the
Grievant and the supervisor were unable to resolve the matter informally (Article
2, Section 2-1-A), when the Union is designated by a Grievant as his
representative, attend mutually scheduled grievance meetings and hearings
with department representatives without loss of pay or benefits. Paid release
time used for any other purpose, such as gathering information, interviewing the
grievant or witnesses, or preparing a presentation shall be charged against the
bank of Union release hours (Section 1-4 D).
b) City employees who are on duty and are, either witnesses, charging parties,
appellants or grievants and the shop steward representing any such employee
from the employee’s home department, may attend grievance, Civil Service,
Phoenix Employment Relations Board (P.E.R.B.) and department Accident
Review Board meetings on City time provided 1) it is for their particular case
which is either scheduled or on the public meeting agenda for that date and time
and 2) Once a witness testimony has been concluded, or if a grievant, charging
party or appellant once that agenda item has been completed or the grievance
meeting concluded, unless they have made other arrangements in advance with
their immediate supervisors approval, they will promptly return to work.
Management reserves the right to restrict the number of witnesses who can be
off of the job at any one time but will cooperate in rotating witnesses from the
workplace so as to minimize the impact to operations and service to the public.
For group grievances the group will be allowed to select no more than two non-
witness grievant representatives to attend the proceeding. These do not have
to be the same group grievant representative for each step or meeting of the
entire proceeding. As a matter of courtesy, employees will give management as
much notice as possible.
c) Union designated representatives shall be admitted to the buildings and
grounds of the City for the purpose of assisting in the adjustment of grievances
and other official Union business, so long as such will not, in any manner,
interfere with any work operation or the safety and security of any work site.
Such representative will check in with the supervisor involved and will be
required to conform with the operational and safety regulations and procedures
as directed by the supervisor.
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3. Bank of Union Release Hours
The Union will be allowed, subject to operational and scheduling factors and 4
working days advance request in each instance, a unit total of 4,287.25 hours paid
release time in a bank of release hours per M.O.U. year. Requests for release time
shall be submitted to the Labor Relations Administrator and approval of release
time hereunder shall not be arbitrarily withheld. The cost to the City for these
release hours, including fringe, has been charged as part of the total compensation
contained in this agreement in lieu of wages and benefits. Examples of how these
hours are used by the Union include:
• For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations.
• For stewards to provide representation when a steward from the employee’s
home department or a full-time release employee is unavailable.
• For a second representative to attend a grievance or investigative meeting.
• For authorized representatives to attend Union conferences, meetings,
seminars, training classes and workshops so that representatives better
understand issues such as City policies and practices, conflict resolution, labor-
management partnerships, and methods of effective representation.
• For authorized representatives to research and prepare for grievance meetings
and disciplinary hearings.
• For authorized representatives to educate and communicate with unit
employees in support of City policies and programs, and participate in City
partnerships.
Only one representative may be released from the same work group at the same
time. No representative will be permitted to use more than 420 hours of release
time from the bank of hours in any one MOU year.
Any hours used in excess of the bank of Union release hours must be approved by
the Labor Relations Administrator and the LIUNA Local 777 Lead Business
Manager. The number of hours used in excess of the allowable Union release hours at
the end of the contract term will be deducted from the Union release hours available for the
following year. A surplus of hours will be carried over into the next year to a maximum total
Union release of 7500 hours.
a) The Union shall be allowed up to $20,000 per MOU year to be used towards
LIUNA Local 777-City of Phoenix Apprenticeship Programs to purchase training
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materials, uniforms, promotional outreach materials, instructional activities such
as schools and workshops, and any other activity approved by the Human
Resources Director or his/her designee for Unit employees approved to
participate in the Apprenticeship Programs. These monies are to be paid to the
Union in one lump sum in the first pay period of each MOU year. The Union will
document the nature of the expenditures made for each Unit employee
approved to participate in the Apprenticeship Programs. The City Auditor
Department may conduct an audit of the funds designated for the
Apprenticeship Programs periodically. Any payments not adequately supported
by the documentation of expenses, or payments made for activities outside the
scope of this agreement, will be returned to the City by the Union.
At the end of each fiscal year, any money not expended on the Apprenticeship
Programs will be carried over to the next year for continued use in these
programs. The funds set aside for the Apprenticeship Programs will not exceed
$30,000 and the City and the Union will discuss appropriate measures to ensure
the Union receives the appropriate economic value.
b) In recognition of the mutual benefit provided to the City and the Union by the
full-time release positions, the City agrees to pay the Lead Business Agent of
the Unit two hundred and eight overtime hours each MOU year. The two full
time Union Representatives will be paid 80 hours overtime each MOU year. The
overtime will be paid on the last paycheck of July upon request of the Union.
The Union shall make such request no later than June 1.
The Union agrees to reimburse the City of Phoenix for the equivalent salary
costs plus fringe benefits on or before the last day of July each MOU year.
C. Unit employees may be authorized in advance in writing to engage in lawful Union
related activities during City work hours on a non-paid basis by the City Manager or
his designee in his unrestricted discretion consistent with this MOU.
D. There shall be no use of official time for unit-related activities except as has been
expressly authorized under this MOU. The City reserves the right to deny approval of
request for use of official time for activities not expressly authorized under this MOU.
The City shall not arbitrarily deny requests for use of official time for union activities.
E. Payroll Deductions
1) The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union membership dues as certified by an
authorized official of the Union and regular periodic Union sponsored insurance
benefits pursuant to the City's deduction authorization form duly completed and
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signed by the employee and transmit such deductions monthly to the Union no later
than the 14th day following the end of the pay period in which the deduction occurs,
along with an alphabetical list of all employees for whom deductions have been
made. Such deductions shall be made only when the Union member's earnings for
a pay period are sufficient after other legally required deductions are made.
Authorization for membership dues deductions herein shall remain in effect during
the term hereof unless revoked by the employee. Revocation of deductions shall
be accepted by the City only during the first week of July or January to be effective
the following payroll period. The City will notify the Union of any revocations
submitted to it, consistent with the PERB Ordinance Section 2-214.
If it is determined by a final decision by a court of competent jurisdiction that “Fair
Share” does not violate Arizona State law or the Arizona State Constitution, the
Union and City shall open up this contract to bargain in good faith over the “Fair
Share” issue.
2) The City shall not make dues deductions for unit employees on behalf of any other
employee organization as defined in the Meet and Confer Ordinance, during the
term of this MOU.
3) The City assumes no liability on account of any actions taken pursuant to this
section. The City shall, however, as promptly as technically possible, implement
changes brought to its attention. The City shall, at the written request of the Union
during the term of this agreement, make changes in the amount of deduction
hereunder for the general membership, provided cost for implementing such
changes shall be reimbursed by the Union. This charge shall not apply to
submission of new individual authorization cards or revocations or individual status
changes.
F. Facilities and Services
1) The Union may distribute material which is not abusive of any person or
organization, which does not violate Administrative Regulation (A.R.) 2.16, and
which is not disruptive of the City’s operation. Materials may be posted or
distributed on the City's premises (buildings and grounds) before and after
scheduled working hours or in non-work areas during scheduled work hours
provided both the employee distributing and the employee receiving such material
are on their own time.
2) The City shall provide the Union with bulletin board space for its sole and exclusive
use in communicating with its members at mutually agreeable locations. All bulletin
boards will be kept updated with material that is current and up to date.
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3) The Union shall have the right to meet with new unit employees for the purpose of
informing each such employee of the Union and of that employee's right to have
Union dues deducted from his/her pay warrant. The Human Resources Department
will notify the Union when orientation sessions involving new unit employees are
scheduled.
Such opportunity shall be afforded the Union during the new employee orientation
(NEO) sessions conducted by the Human Resources Department, Public Works
Department Orientation Program (PWOP), and Parks & Recreation Department
New Employee Orientation (Parks & Recreation NEO), Streets Transportation
Department New Employee Orientation (Streets Transportation NEO), Aviation
Department New Employee Orientation (Aviation NEO).
The speaker cannot be defamatory against the City or specific departments or
individuals.
G. List of Unit Employees
Upon the Union’s filing of a Third-Party Data Sharing agreement with the HR
Department, the City shall provide electronically, at no cost, a list of unit employees
which includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service
Date, Dept ID, Department, Job Title, Job Locator Code, Mailing Address, City, State,
Zip, Home Phone, Work Phone, active Union deduction, and a monthly list of
employees added that month to Unit 1.
Any and all information furnished by the City shall be used by the Union solely for the
purpose of communicating with unit employees, other legitimate union purposes, and
shall not be shared with any other individual or organization.
H. Upon written request from the Union, the City will provide specific information from an
employee’s personnel files pertinent to a written grievance, arbitration case or civil
service appeal. The City will also provide all pertinent collective bargaining information
requested by the Union. The information will be supplied to the Union at no charge.
I. In accordance with the City’s selection and interview process guidelines and at
management’s request, Union Designated Employees will participate in City Selection
processes.
J. For a unit employee whose regular shift is other than day shift, there will be flexibility
in changing his, her or their normal work hours for the purposes of attending official
Labor-Management meetings called by or with the concurrence of the Department
Head or designee. There shall be a 48-hour notice to the affected Department to
ensure proper coverage.
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K. City Email
The City shall send union-requested communication using the City Email System
using the following procedures:
Processing Guidelines
• Requests for email distribution must be submitted by the LIUNA Local 777
Business Manager or their designee from the labor group to the Labor Relations
email address (labor.relations@phoenix.gov).
• Labor Relations will review the email content to ensure compliance with the
guidelines noted below.
• Labor Relations will distribute compliant emails to unit members within 5 business
days.
• A limit of one email per month, per labor group will be distributed. Exceptions will
be reviewed by Labor Relations.
• Emails will only be distributed to the corresponding unit members.
• Emails will be sent to unit members via blind copy.
• The standard City notice not to reply will be included on all emails.
Email Content Guidelines
The following is a list of acceptable types of communication. This is not an all-inclusive
list:
• Labor benefit fairs/ meet-and-greets.
• Union Open House's.
• City program/policy changes.
• Open Enrollment.
• Promoting City/union-sponsored training, committees, safety programs or
initiatives.
• City/union/association-sponsored charitable events or community projects.
Other Guidelines/Information
• Communication cannot violate City policies.
• Communication cannot reflect negatively on the City organization, City staff,
elected officials, or residents.
• Communication cannot negatively Impact our residents' perception of the City.
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• All distributed emails are subject to the City's public records policy (reference AR
1.60, Public Records Request Processing).
• Changes may be made to these procedures at any time.
• Changes will be communicated with labor groups prior to implementation.
Section 1-5. Rights of Unit Employees
A. Non-Discrimination
All unit employees have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in the
Union.
B. Grievance Representation
All unit employees have the right to present their own grievance, in person or by legal
counsel in accordance with Article 2, Section 2-1. A copy of all MOU grievances, filed
by anyone other than a designated official Union representative, shall be sent to the
Union office. There shall be no cost incurred to the Union.
C. Disciplinary Investigations / NOI Representation
A. Unit employees have the right to be represented by the union and the union
reserves the right to provide representation to its members in dealings with the City
concerning grievances, and matters pertaining to their individual employment
rights and obligations, and during an investigatory interview concerning
allegations focused on the employee which may result in disciplinary action.
B. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with an employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they
have a reasonable belief that discipline (a written reprimand or higher) could result.
Should information be made during a conversation to attempt to resolve an issue
that could result in discipline, the supervisor will immediately stop the meeting and
utilize an investigatory process as outlined below. Any interview becomes
investigatory when facts or evidence sought by the City may result in a disciplinary
action.
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C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions. In either case, a Notice of
Inquiry (NOI) form will be used. The intent of the NOI is to clearly put employees
on notice that they are under investigation that could result in discipline, inform
them of the nature of the allegations against them, and inform them of their right
to representation.
Time limit for investigations
D. If the City elects to issue written questions to the employee, the following shall
apply:
I. If an NOI is being issued and there is no active questioning, representation is
not required. Employees may bring a representative if they desire, however
there will be no discussion during the issuance of the NOI.
II. The employee will have 72-hours excluding holidays and N-days to respond in
writing and provide any other material requested. This deadline may be
extended by mutual agreement if there are extenuating circumstances.
E. If the City elects to conduct an investigatory interview, the following shall apply:
I. Prior to the employee being interviewed, the unit employee shall be advised of
their right to a representative.
A. Prior to the employee being interviewed, the employee shall be advised of
their right to a representative and given up to 48 hours to secure
representation. The 48-hour time period may not apply in emergency
situations.
B. A unit employee identified solely as a witness will not be prevented from
contacting the union on their own time to consult with a union representative
prior to their interview.
II. The NOI form will be issued at the meeting.
III. The union representative may assist and consult with the employee, attempt to
clarify the facts or questions asked, and suggest other employees or witnesses
who may have knowledge of the underlying issues. The union representative
cannot speak on behalf of the employee or impede the progress of the
interview.
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IV. The member or representative may ask for a caucus during the meeting.
Caucuses will be granted for a reasonable timeframe. Ay any time either party
requests a caucus the party shall inform the other party of an estimate of what
time they shall return.
V. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be
allowed to seek advice from their representative in caucus during the interview.
A caucus will not be permitted when a question is pending. The employee will
be given the opportunity to clarify their answer after the caucus
VI. Neither party will behave in a violent, verbally abusive, insulting, or demeaning
manner toward the interviewer.
VII. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement for no more than 5 minutes.
VIII. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement.
Additional time may be granted at the sole discretion of the department and will
not be withheld arbitrarily.
IX. The employee will be provided with a copy of the interview notes and given 72
hours to confirm their answers and provide any additional information.
F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:
I. The employee will be instructed not to speak to anyone regarding an
investigation. This restriction does not apply to the union, the union’s attorney,
the employee’s family, the employee’s attorney, the employee’s clergy, the
investigator, or chain-of-command.
II. The employee will be advised if the inquiry is supervisor initiated or the result
of a citizen complaint, employee/co-worker complaint, or other.
III. The member shall also be informed of the Garrity protections afforded to public
employees who may also be under criminal investigation or whose actions
meet the elements of a crime [Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct.
616 (1967)].
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IV. A unit member shall receive a copy of any statement that they are asked to
sign.
V. Every 60 days, a unit employee under investigation may request a status
update. At management’s discretion, the status will be provided either verbally
or in writing.
G. Misc.
No investigatory documentation, such as the NOI or witness statements shall be
kept in the Personnel or Supervisory Files after the investigation is concluded.
H. Unit employees will be permitted to apply and/or compete in a transfer process
while in a pending investigation. The transfer process will not be delayed pending
the conclusion of the related investigation.
I. An employee who receives a written reprimand or suspension may request a copy
of the information upon which the written reprimand or suspension was based,
pertaining to what was specifically cited in the discipline at no cost to the employee.
J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the employee's work shift in pursuit of benefits
provided by this Article unless otherwise specified in this MOU. The employer shall
count as time worked any hours or fractions of hours spent within the employee's
regular work shift in pursuit of benefits provided by this Article.
D. Personnel Files
1) Any unit employee covered hereunder shall, at their request and by appointment,
be permitted to examine their personnel files in the presence of an appropriate
supervisory official of the Department and/or authorize a Union representative to
obtain copies of documents in their personnel files. Said files shall be in a location
as specified below, one per location. These include the main Human Resources
Department file, the department personnel file, and the official department office
personnel file contained at the district or yard office.
2) No unit employee shall have any adverse statements entered in to their personnel
file without having a discussion about the action.
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3) Unit employee may, at their discretion, attach no more than a 1-page rebuttal
statement to any material contained in their personnel file which may be of a
derogatory nature within 7 business days.
E. Fair & Impartial Treatment
All unit employees have the right to be treated equally and in a manner, which is fair
and impartial in any matter associated with the rights of unit employees under the
terms of this MOU.
F. Coaching / Supervisory Counseling
A coaching is a verbal discussion with an employee. A coaching is not to be
considered a first offense for purposes of progressive discipline. A written record of a
coaching may be placed in the supervisor’s files for both positive and negative
incidences. A coaching is to be one-on-one. When 2 or more supervisors are present
at the coaching, the employee shall be advised of their right to representation. An
employee may receive more than 1 coaching for a similar matter.
A supervisory counseling is a warning that the supervisor shall document in memo
form. A supervisory counseling is not discipline. They are to be used to determine only
notice to the employee. If a supervisory counseling is to be used in any disciplinary or
personnel action or any performance rating, the employee will be given the
supervisory counseling in memo form, that identifies the behavior requiring
improvement, the reason for the improvement, and the consequences of continuing
the unacceptable behavior. The memo will contain a line for the employee’s signature
and an above the line statement of “The employee shall date and sign the supervisory
counseling, not as an indication of agreement, but solely as evidence of being advised
of its existence.” The employee will receive a copy of the memo.
Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee's return to employment, if applicable):
Sustained discipline of 40-hour suspension or greater of the following types:
• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.
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• The employee has solicited or taken for personal use a fee, gift or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13-3102) at a City
worksite1, unless such employee is a police officer.
1(A worksite includes not only City buildings and property, but also City
vehicles and private vehicles while being used on City business, and
other assigned work locations).
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or
the property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies.
• The employee committed a violation of the City's Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
remove/inactivate eligible documents based on the below criteria by contacting the
department Human Resources Officer. Official records may only be inactivated and
not removed per records retention law, and members/employees will receive
confirmation once the requested record is removed/inactivated.
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Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original in
file.
Coaching’s/Supervisory Not maintained in Not maintained in
Remove annually
Counseling’s file. file.
provided no further
incidents.
Maintain original in
Maintain copy in
file.
file.
Employee may
Written Reprimands Employee may
request to
request to remove
inactivate
after 3 years.
after 3 years.
Maintain copy in
Maintain original in
file. Maintain copy in
file.
Remove annually file.
Suspensions Employee may
provided no further Employee may
(other than below) request to
incidents. request to remove
inactivate
after 10 years.
after 10 years.
Discipline under 21b2, Maintain original in
Maintain copy in
21b4, 21b5, 21b12, file.
file.
21b13, 21b14, 21b15, May not be
Cannot Remove
21b18, 21b19, 21b20. inactivated
G. Performance Evaluation
Although the terms “coaching” or “supervisory counseling” will not be used, the
employee’s behavior or performance which resulted in the “coaching” or “supervisory
counseling” can, along with any other behavior or performance, be discussed in the
performance evaluation.
If an employee is not given their performance evaluation by the annual review date,
the employee’s merit increase shall be processed within 21 calendar days following
the above due date and be retroactive to the performance evaluation annual review
date. (If an overall “met”).
H. Departmental Policies
The City will notify employees and Unit 1 of new or revised written City or
Departmental policies affecting unit employees as soon after release as possible. The
City shall post on their bulletin boards any new policies and/or revisions in City or
written department policies and procedures affecting Unit I employees. Notice shall
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remain posted for no less than 21 calendar days. Review of policy and procedure
revisions shall be included in employee group meetings when appropriate and
practical to do so.
Section 1-6. Prohibition of Strikes and Lockouts
A. The provisions of the Meet and Confer Ordinance are expressly incorporated herein.
B. The City nor its agents for any reason shall authorize, institute, aid or promote any
lockout of employees covered by this MOU.
Section 1-7. New Positions / Classifications
A. Classification and Compensation Studies
The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active positions
belonging to the Union. The Human Resources Department shall provide the Union
with an opportunity to meet with the person conducting the study prior to preparation
of any report or recommendations. The City shall notify the affected Union of the
results and recommendations resulting from any study 30 calendar days prior to that
study being presented to the Human Resources Committee. It should be noted that
there is no guarantee, either expressed or implied that changes to a classification or
its grade and salary range will result from a study.
B. New Classifications
The parties agree to consult on the inclusion or exclusion of new classification(s) in
the bargaining unit and may thereafter refer any such matter, jointly or individually, to
the Phoenix Employment Relations Board (PERB) for appropriate action.
C. Position Management
The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.
D. Union Requested Job Classification Studies
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The Union may submit written requests for job classification studies to the Human
Resources Department. Requests from the Union will be prioritized with other standing
requests.
1) All written requests for classification studies submitted by the Union shall include,
but not be limited to, the following information:
a) A full description of the new duties and responsibilities.
b) A full explanation of why the Union feels the position(s) should be reclassified.
c) A list of comparative positions/ classifications that led to the Union's request.
d) Such other information as is normally considered relevant to a classification
review.
2) The results of the audit of any classification study shall be subject to review by the
City's Personnel Committee in accordance with existing procedures.
3) The Union may submit a prioritized written request of classifications specific to the
unit that they wish to have studied. All written requests shall include a full
explanation of why the classification should be studied. This explanation shall
indicate whether the Union is requesting a full classification study (including job
levels and job architecture) or if the request is limited to a compensation review to
assess market competitiveness and grade and salary levels. At least one request
by the Union shall be completed by the Human Resources Department in order of
their ranking if the City Manager has authorized the HR Department to conduct
studies.
ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT
Section 2-1. Grievance Procedure
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee’s work shift in pursuit of benefits provide
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee’s regular work shift in pursuit of benefits provided by this
Article.
A. Informal Resolution
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1. As a matter of good labor-management relations the parties encourage unit
employees who believe that they have a bona fide grievance to discuss and attempt
to resolve it with their immediate non-unit supervisor.
2. If the above informal discussion is held and does not resolve the grievance, the
unit employee may file a formal grievance in accordance with the following procedure.
B. Definition of Grievance
1. A grievance is a written allegation by a unit employee, submitted as herein
specified, claiming violation(s) regarding the interpretation and/or application of the
specific express terms of this Memorandum for which there is no other specific and
formal method of review; and doesn’t have a fact pattern that has been presented to
and decided upon by the City Manager in a prior grievance. However, disputes
specifically excluded in other Articles of this Agreement from the Grievance and
Arbitration procedure shall not be construed as within the definition set forth above
and shall not be handled in accordance with this procedure. It is agreed that such
excluded disputes are not grievable or arbitrable under the terms of this Article or
under this contract.
2. The City continues to retain the format used for grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall be
null and void, and will not be processed in accordance with this procedure.
C. Procedure
All grievances covered by this Article shall be handled exclusively in the following
manner:
A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
1. Step 1
The unit employee shall reduce the grievance to writing by signing and completing the
grievance form provided by the City and submit it to the division head, or designee,
within 14 calendar days of the initial commencement of the occurrence being grieved.
The division head, or designee, may investigate, further consider, and discuss the
grievance with the grievant and the grievant’s representative, if any, as deemed
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appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. By mutual agreement,
the parties can agree to skip Step 1 and proceed to Step 2 of the grievance procedure.
2. Step 2
If the written response of the Step 1 does not result in a resolution of the grievance,
the grievant may appeal the grievance by signing and completing the City form and
presenting it to the department head, or designee within 14 calendar days of the
grievant’s receipt of the Step 1 response.
The department head, or designee, may further consider and discuss the grievance
with the grievant and the grievant’s representative, if any, as deemed appropriate, and
shall, within 14 calendar days of having received the written grievance, submit a
response thereto in writing to the grievant. By mutual agreement, the parties can agree
to skip Step 2 and proceed to Step 2.5 or Step 3 of the grievance procedure.
3. Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The
grievance, as originally written and Step 1 and Step 2 responses, must be submitted
to Labor Relations within 14 calendar days of receipt of the Step 2 response. Labor
Relations shall, within 14 calendar days of the receipt of the grievance, meet with the
department head, or designee, and the grievance and the grievant’s representative, if
any, in an attempt to resolve the grievance. Labor Relations shall then submit a written
response to all parties within 14 calendar days of the meeting.
4. Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in a
resolution of the grievance, the grievant may, within 14 calendar days of the Step
2 response, appeal the grievance by signing and completing the City form and
presenting it to Labor Relations. A Grievance Committee hearing will be scheduled
at which the grievant shall be afforded the opportunity to fully present their position
and to be represented.
The Grievance Committee shall be composed of:
Chairman – A member of the City Manager’s Office designated by the City
Manager.
Member – A City function head on a rotating schedule.
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Member – An individual mutually agreed upon between the City Manager,
or his designee, and LIUNA Local 777.
The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and their designated
representative.
b. If the grievant so elects in writing within the above time limit, in lieu of such hearing
the grievance may be reviewed by an arbitrator. The parties, or their designated
representatives, shall agree on an arbitrator, and if they are unable to agree on an
arbitrator within a reasonable time, either party may request the Federal Mediation
and Conciliation Service to submit to them a list of 7 arbitrators who have had
experience in the public sector. The parties shall, within 7 calendar days of the
receipt of said list, select the arbitrator by alternately striking names from said list
until one name remains. Such person shall then become the arbitrator. The
arbitrator so selected shall hold a hearing as expeditiously as possible at a time
and place convenient to the parties, and shall be bound by the following:
i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering any
issue properly before him/her.
ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not so submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City law.
iv. The cost of the arbitrator and any other mutually incurred costs shall be borne
equally by the parties.
The arbitrator shall submit findings and advisory recommendations to the City
Manager. The City Manager shall make the final determination of the grievance
and submit it in writing to the grievant and his designated representative.
D. Time Limits
Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
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grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.
E. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1-4 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.
F. Group Grievance
When more than one unit employee claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be filed
in the name of all such members. Such group grievances shall be filed at the Step of
this Procedure which provides the lowest level of common supervision having
authority over all named grievants. Each unit employee that is a party Grievant must
be named and must sign such group grievance.
G. Employer Grievances
Should they occur as a result of official Union activities or actions, including the failure
to act as required under the terms of this Memorandum, employer grievances will be
presented directly to the Union president or any officer of the Union within 14 days of
the occurrence prompting the grievance. The president, or designee, shall in each
case provide a written answer within 14 days from receipt of the grievance.
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3.
H. Municipal Court
It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Step 2 that the designated "Department Head" is the
Executive Court Administrator, and the "City Manager's Office" or "City Manager" shall
mean the Presiding Judge, or his designee as provided in the procedure.
Section 2-2. Labor-Management Committee
The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
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count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.
A. There shall be a Labor-Management Committee consisting of the three Union
Authorized Representatives, one LIUNA staff member, and four representatives from
management that are agreed upon by the LIUNA staff member and the Labor
Relations Administrator. The Labor-Management Committee shall be facilitated by
Labor Relations staff. The purpose of the Committee shall be to facilitate improved
relations, provide a forum for open and informal discussion, and make
recommendations for operational or other rules changes that are of mutual benefit.
B. The Committee shall meet, at least once a month per MOU year, or more often by
mutual agreement, at mutually agreed upon times. The Committee will meet to discuss
matters to be of a mutual benefit including, but not limited to, methods of improving
the level of productivity when needed. The members shall, upon request for a meeting,
provide the Chairman with proposed agenda items and the Chairman shall provide
the members with the meeting agenda in advance of the meeting.
C. Any signed/dated written Labor/Management agreements with the signatures of the
parties and the Chairman will be binding on the parties for the remaining term of the
MOU.
D. If the representative of the Union is a unit employee, such representative shall not
lose pay or benefits for meetings mutually scheduled during duty time.
E. During this Memorandum of Understanding, the City and the Union will establish a
Labor-Management Committee dedicated to the discussion of cost analysis for
potential contracted work presently performed by Unit employees, the reduction in
force process and any other matters deemed relevant by the Committee.
F. During this Memorandum of Understanding, the City and the Union will discuss the
following topics at the Labor Management Committee Meetings
• The City’s disciplinary process
Section 2-3. Bargaining Unit Work
A. Contracting Out Work – The City will notify the Union, in writing, of the City's
intent to contract with a private agency for planned or emergency work that is
currently being performed by unit employees. The Union may, within 5 business
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days of this notification, request a meeting for the purpose of discussing the
contracted work. The meeting will occur prior to any final recommendation to the
In cases of an emergency when Unit 1 employees are unavailable to perform the
work, for example, a staffing shortage or specialty work, the City will notify
LIUNA as soon as possible via phone or email. The intent is to provide the Union
the opportunity to discuss, but does not prevent the City from contracting the
work in an emergency situation.
Failure by the City to meet with the Union under this Article may be subject to the
Grievance Procedure (Article 2, Section 2-1) of this MOU.
B. The Management recommendation, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2, Section 2-1) of this MOU.
C. The City agrees that it will not assign work currently performed by LIUNA represented
employees to non-represented City employees or to employees in any other City of
Phoenix bargaining unit, for a period up to 90 days.
The exception will be when individuals are being placed in an effort to comply with
federal law, in which case the Union will be notified.
By mutual consent, the City and the Union may agree to a time period longer than 90
days.
Section 2-4. Health and Safety Committee
The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.
A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.
B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This Committee shall be composed of 2 unit
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employees appointed by the Union and 2 City representatives as designated by the
City Manager. The Chairmanship shall rotate among the members.
C. The Committee shall meet quarterly at mutually scheduled times or more frequently
by mutual agreement to consider on-the-job safety matters referred to it by the existing
departmental safety committees and safety officers, or otherwise coming to its
attention, and shall advise Department Heads and the City Manager concerning on-
the-job safety and health matters.
All written recommendations of the Committee shall be submitted to the Department
Head concerned and to the City Manager.
D. The Committee shall be guided by the applicable regulations of the State's OSHA
agency, and the City's existing practices and rules relating to safety and health, and
formulate suggested changes.
E. Employee members of the Committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time.
Incident Review Board
An Incident Review Board is an effective management tool to minimize injuries and
protect property. The function of an Incident Review Board is to determine if a vehicular
or operational incident is preventable or non-preventable. The City shall establish an
Incident Review Board in each Unit One represented department. Each Incident Review
Board shall have the same rules, and all rules shall be applied in the same manner in
each department.
Section 2-5. Public Outreach & Public/Employee Safety Cross Training
It is understood that bargaining unit employees are frequently required to address social
service needs and problems as well as threats to public health and public/employee
safety posed in our streets and parks.
To ensure that bargaining unit employees are trained adequately to safely deal directly
with members of the public and to properly refer citizens to appropriate City agencies, all
bargaining unit employees shall be cross-trained with public outreach and
public/employee safety skills in accordance with department needs.
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Section 2-6. Laborers’ Apprenticeship Projects
A. Gardener Apprenticeship Project
The Union and the City shall continue the Joint Pilot Apprentice Program as needed
and when positions are available for the Gardener classification in the City of Phoenix,
entitled “Phoenix Gardener Apprenticeship Program”.
The Phoenix Gardener Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix Parks
and Recreation Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.
The Phoenix Gardener Apprenticeship Program is designed to prepare individuals,
and produce highly qualified and well trained workers who have solid knowledge as
well as specific, technical job skills for occupations in the skilled trades and crafts.
The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
Gardener Apprenticeship Program.
B. SWEO Apprenticeship Project
The Union and the City shall establish a continue the Joint Pilot Apprentice Program
as needed and when positions are available for the Solid Waste Equipment Operator
classification in the City of Phoenix, entitled “Phoenix SWEO Apprenticeship
Program”.
The Phoenix SWEO Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix
Public Works Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.
The Phoenix SWEO Apprenticeship Program is designed to prepare individuals, and
produce highly qualified and well trained workers who have solid knowledge as well
as specific, technical job skills for occupations in the skilled trades and crafts. The
Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
SWEO Apprenticeship Program.
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C. Street Maintenance Worker I Apprenticeship Project
The Union and the City shall continue the Joint Pilot Apprentice Program as needed and
when positions are available for the Street Maintenance Worker classification in the City
of Phoenix, entitled “Phoenix Street Maintenance Worker Apprenticeship Program”.
The Phoenix Street Maintenance Worker Apprenticeship Program shall be organized with
a set of standards established by a 5 person Joint Apprenticeship Committee
(Committee). The Committee shall be comprised of 2 Union representatives, 2 City of
Phoenix Streets Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.
The Phoenix Street Maintenance Worker Apprenticeship Program is designed to prepare
individuals, and produce highly qualified and well trained workers who have solid
knowledge as well as specific, technical job skills for occupations in the skilled trades and
crafts. The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix Street
Maintenance Worker Apprenticeship Program.
ARTICLE 3: COMPENSATION / WAGES
Various sections of this MOU contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit employee have been negotiated in place of
a direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.
Section 3-1. Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This
will be paid as follows:
1. 5.67% base wage increase, effective the first full pay period in July 2023.
B. Additionally, Unit 1 employees will receive a non-continuous payment of
$2,655.00 for each full-time employee and $200.00 for each part-time
employee to be paid out on the first full pay period in August of 2023.
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The City will evaluate the American Rescue Plan Act and will provide a (non-specified)
percentage of premium pay as allowed by the legislation and deemed appropriate by
the City Council, balancing the needs of the community and employees in their
development of a strategic plan for the ARPA funds. The strategic plan will follow
guidelines provided by the Department of Treasury. This language will expire at the
conclusion of the 2021-2023 MOU.
C. During the term of this MOU the City will provide an annual budget presentation to the
LIUNA Local 777 Chapter Board. This presentation will be scheduled within 30 days
of the final budget being presented to Council.
D. It is understood that for implementation purposes, the practice of rounding of fractional
cents shall be done in accordance with accepted mathematical and accounting
principles.
E. Notwithstanding the rates of pay set forth in any appendix or attachment to the
agreement for reference, the term "Pay Schedule" shall mean the schedule computed
and published by the Human Resources Department for payroll purposes pursuant to
Council Action in the Pay and Compensation Ordinance.
Section 3-2. Productivity Enhancement Pay
In recognition of continuous service and overall performance, the City agrees to the
following productivity enhancement pay formula for unit employees.
A. Pay Benefit:
In November 2023, and June 2024, unit employees who meet the additional qualifications
of this section shall qualify for $50.00 for each full year of continuous full-time service in
excess of 5 years, up to an annual maximum of $1,400.00 at 19 years.
In November 2023, and June 2024, unit employees who have completed at least 20 years
of full-time service and who meet the additional qualifications of this section shall qualify
for $65.00 for each full year of continuous full-time service in excess of 5 years, up to an
annual maximum of $1,820.00.
B. Qualifications:
1) An employee must have completed at least 1 year of continuous full-time service
at the top step in his pay range. Qualifications for Productivity Enhancement pay
are made in the base class and will not be affected by movement into or out of
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assignment positions. As well, Productivity Enhancement pay will not be affected
by movements to positions within the same pay range.
2) An employee must have received a performance rating of overall "Met” on his latest
scheduled performance evaluation on file at the time of the qualifying date. For
employees who are otherwise eligible for Productivity Enhancement pay, an
employee who receives an overall “Not Met” evaluation shall receive another
evaluation within 90 days to 120 days, and if that evaluation is an overall “Met”, he,
she, they will be eligible to start receiving Productivity Enhancement pay the first
paycheck for the first full pay period after the next qualifying date. A unit employee
who receives an overall “Not Met” rating may appeal by memo through his chain
of command to the Department Head.
3) An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave. However,
the entire period of industrial leave shall qualify as continuous service when the
employee returns to active employment.
C. Terms of Payment:
1) The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit employee’s regular paycheck.
2) When a position is reclassified to a higher classification, or when classification is
assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which corresponds
the closest to their combined base pay and previous Productivity Enhancement
amount (incumbent’s annualized payment), and which does not result in a
decrease from that total amount. The placement in the new range will be limited to
the maximum step in the range. If the reclassification or pay range change only
results in a maximum possible one-range increase, and the incumbent is receiving
Productivity Enhancement pay, the employee will be moved to the top step and
continue to be eligible for Productivity Enhancement pay.
Section 3-3. Overtime
A. As a regular practice, overtime shall not be used. The parties agree that at times the
City may require overtime work outside of an employee’s regularly-scheduled shift.
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B. Overtime is defined as time assigned and worked beyond the regularly scheduled
40 hours per week.
C. Except for paid sick leave, all duly authorized paid leave time shall be considered as
time worked for the purposes of the regularly scheduled workweek. Paid sick leave
shall not be considered as time worked for the purpose of calculating overtime for
the regularly scheduled workweek.
The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.
D. Overtime shall be worked and shall be allowed if assigned by the non-unit supervisor
or other authorized representative of the City. The City shall endeavor to be
equitable in the distribution of voluntary overtime amongst qualified employees or
crews of employees within the same classification, function, work location, and shift.
Seniority may be used as a factor in determining the assignment of overtime work.
Other factors include skill level, assigned equipment, etc. The City will make
available to the Union upon request reports of overtime worked by unit employees
on a quarterly basis. The City reserves the right to assign overtime in the event
insufficient employees volunteer, to avoid inadequate staffing, to insure timely
service delivery or to conduct mandatory training.
Employees may be required to work on scheduled holidays and/or non-work days
during the holiday week in order to provide City services on weeks containing
holidays.
Rotational overtime work lists ranked by seniority shall be posted on city bulletin
boards and updated each time it is worked.
E. Compensation for overtime work as defined in Section B. above will be as follows:
1-½ times the regular rate. The regular rate shall include, if applicable, night shift
differential, stand-by pay, and out-of-class pay. Overtime will be compensated after
the first 7 minutes assigned and worked beyond a member's regularly scheduled
work week or work shift, as outlined in Section B, calculated to the nearest 1/4 hour.
There shall be no compounding or pyramiding of overtime pay with regular or
premium pay except as required under the Fair Labor Standards Act.
F. There shall be a minimum of 12 hours off between shifts. If this is not possible and
the unit employee is not receiving overtime pay for the additional hours worked (the
unit employee is not entitled to both overtime and 12-Hour Rule time), the unit
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employee shall receive 12-Hour Rule compensation (1-1/2 times the regular rate)
for each full hour worked within the described 12 hour period. This language only
applies to employees who work 2 full shifts.
Example #1:
Monday Tuesday Wed – Fri Total for Week
6a.m. – 5:30 p.m. 3:30 a.m. – 1p.m. 6a.m. – 2:30 p.m. 44 hrs. Worked
40 hrs. Paid at Regular Rate
11 hrs. Worked 9 hrs. Worked 8 hrs. Worked per Day
of Pay
2 hrs. within
4 hrs. Paid at 1-1/2 (OT)
12-Hour Rule
In example #1, the 12-Hour Rule time is not paid for the two hours worked within
the 12-Hour Rule because overtime was earned for the additional hours worked.
Example #2:
Monday Tuesday Wed – Thurs Friday Total for Week
6 a.m. – 5:30 3:30 a.m. – 1
6 a.m. – 2:30 p.m. 6 a.m. – 10 a.m. 40 hrs. Worked
p.m. p.m.
8 hrs. Worked 38 hrs. Paid at
11 hrs. Worked 9 hrs. Worked 4 hrs. Worked
per Day Regular Rate of Pay
2 hrs. within 2 hrs. Paid at 1-1/2
12-Hour Rule (12-Hour Rule)
In example #2, the 12-Hour Rule time is paid for the two hours worked within the 12-
Hour Rule because overtime was not earned for the additional hours worked.
G. In lieu of cash payment, a unit employee may request compensatory time credits up
to a maximum accumulation of 210 hours. The request for compensatory credit must
be made at the time the overtime is worked. Use of compensatory time off within the
work period shall be subject to departmental approval and scheduling.
Accumulated compensatory time in excess of 210 hours must be paid in cash.
Effective July 2009, 210 hours is increased to 215 hours.
Section 3-4. Call-Out Pay
A. A unit employee called out for work after going home from a shift or called out for
overtime work while on stand-by pay shall be entitled to a minimum of 3 hours pay at
1 ½ times the employee's regular rate of pay.
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B. Travel time shall be included in the minimum call-out guarantee and shall be paid only
if the total work and allowed travel time exceed the 3 hour minimum. The total travel
time compensated for round trip travel to and from the job site shall be 45 minutes.
C. Travel time shall not apply when the employee is working on overtime which was
planned in advance. An employee requested to report early, before the normal starting
time of the shift, shall not be eligible for travel time, but would qualify for overtime for
the extra time worked at the job site.
D. Once called out, Standby Pay will stop.
Section 3-5. Out-Of-Class Pay
A unit employee temporarily required to serve in a regular authorized position in a higher
classification shall be compensated at a higher rate of pay in accordance with the
following:
A. To be eligible for the additional compensation, the unit employee must first accumulate
10 regular working shifts of assignment in the higher class within any 24 month period;
satisfactory performance during a previous appointment to the higher class will be
credited to the qualifying period. The days of out-of-class assignment need not
necessarily be consecutive.
The days of out-of-class will be credited to the qualifying period. Once this qualification
is satisfied, no additional re-qualification will be required.
B. Temporary assignments out-of-class shall be recorded only in full-shift units. A unit
employee working out-of-class for 4 hours in an 8 hour shift or 5 hours in a 10 hour
shift or more in a given shift shall be credited with working out-of-class for the entire
shift. No out-of-class credit shall be given for out-of-class work of less than 4 or 5
hours in any given shift.
C. To qualify for out-of-class pay, a unit employee must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-class pay is
not authorized, for example, if the organization of a work unit is such that each unit
employee carries on his normal duties during the temporary absence of a supervisor,
without a need for the direction which the supervisor would provide on a longer term
basis. However, eligibility for out-of-class compensation shall take place when an
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employee becomes responsible on a regular basis, for the full range of duties normally
assigned to the higher class.
D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.
E. A unit employee who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift served
in the higher class. In the event of overlapping unit salary ranges, a minimum one-
step differential shall be paid for out-of-class assignments into unit classifications. The
higher rate of pay shall be used in computing overtime when authorized overtime is
served in out-of-class work assignments; the overtime rate shall be the rate
established by the overtime regulations that apply to the higher rank.
F. The City shall endeavor to be equitable in the distribution of out-of-class assignments
amongst qualified unit employees.
G. The City shall not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.
Section 3-6. Pesticide Applicator Differential
Licensed Pesticide Applicators shall receive $1.00 in addition to their base hourly rate for
each hour engaged in assigned and authorized activities when applying, mixing, or
managing herbicide or pesticides. This compensation includes any preparation and
maintenance of application equipment.
Section 3-7. Shift Differential Pay
Unit employees shall receive $1.00 per hour in addition to their hourly rate of pay when
working a night shift which ends at or after 9:00 p.m. and before midnight, and $1.50 per
hour in addition to their hourly rate of pay when working a night shift which includes work
during the period after midnight to 3:30 a.m.
Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time.
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Employees participating in a 4/10 work schedule shall receive $1.00 per hour in addition
to their hourly rate of pay when working a regular night shift which ends between 10:00
p.m. and 3:30 a.m., inclusive, and $1.50 per hour in addition to their hourly rate of pay
when working a regular night shift which ends after 3:30 a.m. Night shift differential shall
continue to be paid at the rate of the regular shift for any additional hours worked following
the regular shift.
Section 3-8. Weekend Shift Differential Pay
A unit employee shall receive $0.45 per hour added to his base hourly rate of pay and
any other shift differential or any other premium pay he, she, they may be receiving for
working a weekend shift. A designated weekend shift is defined as any shift that starts on
or after 2:00 p.m., on Friday, and continuing through any shift that starts on or before, but
not after 11:59 p.m. on Sunday.
A unit employee shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.
A unit employee, who is called out and works between 2:00 p.m. on Friday and 11:59
p.m. on Sunday, will be paid weekend shift differential for all hours worked at the rate
specified in this article. If a unit employee was called out while on stand-by status, he,
she, they will not receive weekend shift differential.
Section 3-9. Stand-By Pay
When a unit employee is required and assigned to be available for emergency call back,
outside of his regular daily or weekly work schedule, the employee shall be compensated
for such stand-by hours that he, she, they remained available at $3.25 per hour. Unit
employees serving in stand-by assignments shall be subject to contact requirements as
provided for by the Department Head.
Section 3-10. Show-Up Time
Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself/herself for work as scheduled, shall be paid
for at least 4 hours at the hourly rate of pay. If work on the employee's regular job is not
available for reasons beyond his control, the City may assign the employee substitute
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work. Where there is substitute work readily available, the opportunity for such work will
not be arbitrarily denied.
In the event scheduled work is interrupted due to conditions beyond the City's control,
and substitute work is not available to be assigned, affected employees shall be paid for
4 hours at the hourly rate of pay, beginning at release, or to the end of the scheduled
work shift, whichever occurs first. An employee shall have the option of using either
vacation or comp time. If there is no other leave available, unit employee shall be able to
use unpaid leave for the balance of the regular shift in compliance with the personnel
rules.
Employees released hereunder prior to the end of their scheduled shift may be required
to stand-by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-9 hereof). Employees called back to work shall be entitled to their hourly rate
of pay only and not any guaranteed minimums for work performed during the balance of
their regularly scheduled shift.
Section 3-11. Jury Duty Pay
A unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence for the period of jury or witness service and will be
compensated his/her regular pay and jury or witness pay for work absences necessarily
caused by such jury or witness duty. To be eligible for such pay, an employee must
present verification of the call to jury or witness duty.
A unit employee required by the Court to call in for jury duty the morning of his/her
scheduled daily work shift may elect to take the day off on vacation or compensatory time.
Such leave request shall not be denied. Should the unit employee be required by the
Court to report for jury duty, the vacation or compensatory time will be restored from the
actual time of reporting required by the Court through the end of the scheduled work shift.
To be eligible for such leave restoration, the unit employee must present verification of
the jury service.
Unit employees subpoenaed to appear as a witness in court as a result of their official
duties on their status as a City employee shall return all fees tendered for such service to
the City.
Paid Jury Duty leave shall not be allowed when the unit employee is the defendant,
plaintiff, or voluntary character witness in a court action.
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Section 3-12. Deferred Compensation Program
The current percentage of base pay for deferred compensation is .45 %.
Section 3-13. Sick Leave Conversion at Retirement
A. Sick Leave Cash Out Formula
A unit employee who has accumulated a minimum of 750 qualifying hours or more of
accrued and unused sick leave at the time of retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.
B. Final Average Salary
The number of sick leave hours eligible to be cashed out and included in an employee’s
Final Average Salary upon retirement will be limited to the number of sick leave hours in
the employee’s leave bank on July 1, 2012, provided all criteria are met as described in
Subsection A.
Employees with less than 250 hours of accrued and unused sick leave on July 1, 2012,
will not meet the minimum balance requirements for a sick leave cash out that can be
included in their Final Average Salary.
The portion of accrued and unused sick leave that is not included in the Final Average
Salary upon retirement can be cashed out as a lump sum upon retirement, provided all
criteria are met as described in Subsection A.
The number of vacation leave hours eligible to be cashed out and included in an
employee’s Final Average Salary upon retirement will be limited to the number of vacation
leave hours in the employee’s bank on June 30, 2014, not to exceed 450 hours.
ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS
Section 4-1. Hours of Work
The City, in collaboration with the Union, may approve flextime schedules when all the
following conditions are met:
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1. Approval of Department Head
2. Approval of LIUNA Local 777 Business Manager or their Designee
3. Mutually agreed schedule between Unit Employee and Supervisor
4. The City, the Union and the affected employee(s) shall sign a written agreement.
A. This Article is intended to define the normal hours of work and to provide the basis for
calculation and payment of overtime pursuant to Article 3, Section 3-3.
B. Work Week Defined
The regular work week for regular full-time unit employees shall consist of 5
consecutive work days in a 7 day pre-established work period, except as provided in
Article 4, Section 4-1-F and except in those departments performing normal services
regularly on Saturday and/or Sunday and except in those operations utilizing a
different work week, such as a 4 day work week.
C. Work Day Defined
The work day for regular full-time unit employees shall consist of 8 hours of work within
any 24 hours in a pre-established work schedule, exclusive of unpaid time allotted for
meals except in those operations utilizing a different workday schedule such as a 10
hour work day.
D. Work Schedule Changes
Except for emergency situations, permanent regular work schedules shall not be
changed without notice by the Department of at least 14 days to the affected
employee(s) and to the Union. Exceptions for more or less than the 14 days notice
mentioned above may be mutually agreed to by labor and management on a case by
case non-precedent basis.
When temporary work schedule changes are necessary, the Department will try to
give affected employees at least 2 calendar days notice or, if less notice, it will be
considered an emergency.
When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the Union of such changes or new schedules, prior to implementation.
Overtime work or stand-by, before or after the normal work day or work week, does
not constitute a change in the work schedule. A department will not reassign
employees to another work location temporarily for arbitrary or capricious reason(s).
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E. Summer Work Schedules
Summer hours may begin no later than the first Monday in April, and may terminate
no earlier than the second Monday in October whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier or terminated later in the
year than specified in this section. Summer work schedules in the Streets Department
and Parks Department may begin at 5:00 a.m.
It shall be within the Department Head's discretion to determine starting times for
summer hours based on such operational considerations as dividing and/or rotating
crew starting times to facilitate safety to the public, employees and equipment, to
guarantee a high level of convenient service to the public, to preclude negative impact
on traffic flow, and similar factors.
F. SWEO Schedule
The City may implement a 10 hour workday, 4 workdays per week schedule in all
functions of the Solid Waste Management Division.
Except for Solid Waste Collections and Disposal, the regular work-week for regular
full-time unit employees working a “four/ten” work schedule shall consist of 4
consecutive work days in a 7 day pre-established work period.
Section 4-2. Rest and Lunch Periods
A. Existing workday schedules spanning 9 elapsed hours shall continue to include a 60
minute unpaid meal period. Existing workday schedules of 8-1/2 hours and 10-1/2
hours shall continue to include a 30 minute unpaid meal period. Workday schedules
of 8 and 10 consecutive hours shall include a paid straight time meal period of up to
½ hour on the job. Two (2) non-work periods of up to 15 minutes during a regular daily
shift shall be permitted by supervision to promote the health, safety, and efficiency of
employees on the job. Emergency situations may make this impossible in rare
situations. Activities of employees during those non-work periods shall not be subject
to any unreasonable restrictions.
B. When a unit employee does not receive a paid meal period, his/her meal period shall
be uninterrupted and duty-free.
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Section 4-3. Clean-Up Time
Employees will be given time, in keeping with past practice, at the end of a normal daily
shift for personal clean-up.
Such time is in addition to and exclusive of any time the City requires be spent for
maintaining equipment.
The intent of the above provision has always been to allow field employees who need
personal clean-up prior to rest or lunch periods a reasonable amount of time to do so.
Clean-up material should be supplied on an as needed basis to field employees. If the
field supervisors and employees act reasonably in addressing the issue, everyone will
have a healthier and safer work environment.
Section 4-4. Seniority
A. The City shall provide the Union with a list of unit employees showing each unit
employee’s employment date and class date.
B. Seniority shall be by length of service within a class. If seniority within a class is not
determinative, then length of service with the City shall prevail.
C. Seniority shall be used as a factor consistent with established Civil Service procedures
in choice of work assignments, vacation schedules, and in the determination of layoffs.
Department policies for work assignment selection and vacation scheduling will be
discussed with the Union at least 30 days prior to implementation.
Section 4-5. Transfer Program
The City and the Union acknowledge mutual interest in the success of the present
program of minimizing layoffs of employees by seeking to place such employees in other
positions, consistent with Civil Service Rules on seniority. The Union agrees to provide
positive counseling to unit employees so affected to ease the transition to other positions.
The City agrees to make available, on request, job counseling in order to provide training
assistance to the employee during the first 30 days of the new work assignment.
Although not required to honor a request for a voluntary transfer for an employee having
documented extraordinary personal hardship beyond his/her control, the City will try to
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honor the request. In such a case, factors such as, but not limited to, the employee’s shift,
seniority, and work record may be considered.
To every extent practicable, a transferred unit employee will be allowed to maintain his
previous vacation schedule.
Section 4-6. CDL Renewal
Employees will be allowed City time to renew their CDL license and or related
endorsements and will be reimbursed for such renewal fees which will include the
HAZMAT background screening fee.
ARTICLE 5: BENEFITS
Section 5-1: Employee Assistance
The City Employee Assistance Program, will provide confidential, individual and family
counseling to all employees and their household members. These services will be
furnished by an independent contract agency to be chosen by the City.
Section 5-2: Health and Dental Insurance
A. The City shall maintain the current 80/20 split for health insurance for both single and
family coverage. If there is a rate increase or decrease the City shall pay 80% of the
new monthly contribution and the employee will pay 20%.
B. The City agrees to the continuation of a Healthcare Taskforce for the purpose of
studying existing plans and to explore alternative plans. The Taskforce shall include
representatives of the City and Union.
C. The City shall retain the dental insurance plan for unit employees and their qualified
dependents. The plan shall consist of 80% payment of reasonable and customary
charges covered for preventive and diagnostic services, basic services, and major
services. The plan shall also include an orthodontia benefit providing for 80% payment
of reasonable and customary charges up to a maximum lifetime benefit of $4,000 per
person. This plan is subject to the deductibles and limitations contained in the contract
between the dental insurance carrier and the City of Phoenix. The City shall pay the
premium costs for single unit employees for employees enrolled in the base dental
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HMO or PPO plan (employee only coverage), and 75% of the premium costs for unit
employees and their qualified dependents (family coverage).
The City shall maintain the current dental premium split. If there is a rate increase or
decrease, the City will pay 100% of the new monthly contribution for single coverage
for employees enrolled in the base dental HMO or PPO plan. If there is a rate increase
or decrease, the City will pay 75% of the new monthly contribution, and the employee
will pay 25% for family dental coverage.
D. The City agrees to continue the formalized complaint procedure with respect to the
service under all plans.
E. Unit employees retiring on or after July 1, 2006, who meet all other MERP eligibility
requirements and enroll in either single or family City of Phoenix health insurance,
shall receive an additional $100.00 per month to help defray the cost of health
insurance.
Unit employees retiring after August 1, 2022, who meet eligibility requirements, shall
receive the $150 month allowance for Post Employment Health Plan accounts
(PEHP).
Section 5-3: Life Insurance
The City will provide regular full-time unit employees the existing off-the-job and on-the-
job life and dismemberment insurance coverage. The face value of the policy being
$15,000; in addition the City will pay $75,000 for death in-the-line-of-duty insurance.
The designated beneficiary of a unit employee will be paid for all accumulated sick leave
hours that remain on the City's official file at the time of a line-of-duty death of the unit
employee and payment will be based upon the unit employee’s current base hourly rate.
The beneficiary shall be designated in the eCHRIS Benefits portal for the City of Phoenix
Group Life Insurance Program on file in the City Human Resources Department.
Additionally, the City will provide to each unit employees a $200,000 death benefit
covering the unit employee’s commutation to and from their City work location. The
current City Life Insurance carrier will cover the unit employee’s commute for up to two
hours before their shift begins, and two hours after their shift concludes. The Union will
only pay the cost of their benefit the first year of the MOU.
In the event of the death of a unit employee while commuting to or from their work location,
for a period of two hours each way, the City will continue to pay the full monthly health
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insurance premium for the spouse and all eligible dependents. The current City Life
Insurance carrier for the payment of a supplementary commutation life insurance policy
for each unit employee. The Union will pay the cost of this benefit, if any, the first year of
each new MOU period.
Section 5-4. Long Term Disability Insurance
Employees who have been continuously employed and working on a full-time basis for
twelve consecutive months are eligible for long term disability coverage. After an
established 90 calendar day qualifying period, the plan will provide up to 66-2/3% of the
employee's basic monthly salary at the time disability occurs and continue up to age 75
for employees who have been employed full-time for 36 months and one day. This
coverage will be coordinated with leave payments, industrial insurance payments,
unemployment compensation, social security benefits and disability provisions of the
retirement plan.
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to apply for long term disability coverage for no more than 30 months.
Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave
Donations
A. Holidays / Personal Days
The City agrees to incorporate into the MOU the benefits provided under A.R. 2.11
modified to indicate the following holidays.
Employees, except those on hourly paid status, shall, when possible without disrupting
the various municipal services, be allowed the paid holidays listed below:
New Year’s Day January 1
Martin Luther King’s Birthday January, Third Monday
President’s Day February, Third Monday
Cesar Chavez Birthday March 31
Memorial Day May, Last Monday
Independence Day July 4
Labor Day September, First Monday
Veteran’s Day November 11
Thanksgiving Day November, Fourth Thursday
Friday after Thanksgiving Day Friday after Thanksgiving
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Christmas Eve Half an employee’s paid regular shift on
December 24
Christmas Day December 25
Two Personal Leave Days After completion of six months of full-time
employment.
When a holiday named in this regulation falls on Sunday, it shall be observed on the
following Monday. When a holiday named in this regulation falls on Saturday, it shall
be observed on the preceding Friday except that in the case of 6 day operations such
holidays may be observed on Saturday. This paragraph shall not apply to Christmas
Eve, which shall only be granted when it falls on the employees' regular scheduled
workday. In the case of continuous 24 hour, 7 day operations and 7 day non-continuous
operations, holidays shall be observed only on the calendar days on which they actually
fall.
The Personal Leave Days are added to an employee’s vacation leave bank and may
be taken on any day of the employee’s choosing after completion of six months of full-
time employment, subject to operational and scheduling factors and the limitations of
A.R. 2.11. This time does not alter the maximum carryover of vacation hours outlined
in A.R. 2.18.
If a full-time unit employee’s regularly scheduled day off falls on a holiday to which he,
she, they are entitled under this Article, 1st consideration shall be given to allowing 3
consecutive days off, but if this is not feasible, a substitute day off of 8 hours with pay
shall be given at straight time on a day designated by the Department Head. Unit
employees who work a 4/10 schedule, whose regularly scheduled day off falls on one
of the holidays listed in paragraph C of this Article, shall receive 10 hours of
compensatory time. An employee shall not be paid in cash in lieu of a substitute holiday
except that in extraordinary circumstances the City Manager's office may approve
payment in cash at a straight-time rate. The substitute holiday shall not be granted
when an employee is on paid industrial leave.
A unit employee whose regular scheduled day-off falls on a holiday specified in this
Article, and who is called in to work a regular shift on such holiday and scheduled day
off, shall be compensated at 1-1/2 the regular rate for each hour assigned and worked
in addition to the substitute holiday provided above.
B. Vacation Accumulation
Vacation accrual and carryover shall be governed according to the following table:
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MONTHLY MAXIMUM MAXIMUM
SERVICE ACCRUAL CARRYOVER PAYOUT
0-5 years 8 hours 192 hours 290 hours
6-10 years 10 hours 240 hours 350 hours
11-15 years 11 hours 264 hours 380 hours
16-20 years 13 hours 312 hours 440 hours
21+ years 15 hours 360 hours 500 hours
C. The parties agree that on all holidays, unit employees whose regularly assigned work
week consists of 4 10 shifts, shall not be required to submit documentation for 2 hours
of paid leave.
Unit employees shall be allowed a vacation buyout twice per calendar year, by
notifying the Department payroll staff in writing of such intent during the month of either
October or April, to be paid on the last paycheck of November and May. The total
annual buyout is up to a maximum of 80 hours taken in no more than 40 hour
increments, after the employee has accumulated a minimum of 175 hours and has
used 40 hours of vacation/comp-time during the calendar year.
D. Parental/Family Leave
The City will, as a matter of general policy, and subject to operational needs, authorize
up to 3 months of unpaid leave for an employee who is the parent of a newly born or
legally adopted child or any Unit employee who needs to care for an ill family member.
Family members include spouse, children (natural, adopted, foster, or stepchildren),
brother, sister, parents, grandparents, as well as others living in the same household
with the employee. Approval and use of this leave shall be subject to existing
Personnel Rules.
E. An employee may use up to 10 hours of accumulated sick leave in at least one-hour
increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. This will be marked
as “BO” on leave slips. When there is an extreme illness or injury situation where a
life or death question exists involving an immediate family member, an employee may
use up to 5 days of accumulated sick leave. (This should not be construed as
bereavement leave under Personnel Rule 15g). This will be marked as “BN” on leave
slips.
In addition, employees may have dependent care situations where the above leave is
insufficient to cover their absence. Therefore, employees will be allowed to use
Page 203
unscheduled accumulated vacation or compensatory time for the care of an immediate
family member up to a maximum of 5 incidents not to exceed a total of 40 hours each
calendar year.
For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave management
program, up to a maximum total of 7 incidents per calendar year. An incident is defined
as an absence from work, regardless of the length of time.
An immediate family member is defined as the employee’s spouse, qualified domestic
partner, mother, father or child. A child is defined as a biological, adopted, foster or
stepchild, legal ward, or a child of a person standing in place of a parent. A brother,
sister, grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member.
F. Leave Donations
Unit employees may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness or injury of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father, or child. A child is defined as a biological, adopted, foster or stepchild, legal
ward, or a child of a person standing in place of a parent. A brother, sister,
grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member. Requests to receive such leave
contributions will require a completed doctor’s certification.
Section 5-6. Tuition Reimbursement
A. Unit Employees who participate in the Tuition Reimbursement Program shall be
eligible for tuition reimbursement pursuant to the following provisions:
1. The maximum sum reimbursable to unit employees each MOU year shall be
$6,500.
2. To be eligible for any reimbursement, unit employees must have successfully
completed academic or training courses approved by the department and the
Human Resources Director as provided in existing Administrative Regulations.
Page 204
B. Tuition Reimbursement, in accordance with this Article, shall be made in the event an
employee’s approved course of instruction is terminated by the educational institution.
Tuition reimbursement shall not occur in the event of any voluntary termination of
employment by the employee.
C. The City will reimburse unit employees for expenses incurred as a result of requiring
and maintaining certification required by the City. The City will not reimburse unit
employees for classes the City provides at no cost, or for classes the City identifies
for unit employees to be taken at no cost.
D. Unit employees shall be allowed to utilize up to $150 to attend one-day, in-state, City-
related seminars/training.
ARTICLE 6: MISCELLANEOUS
Section 6-1. Saving Clause
A. If any article or section of this MOU should be held invalid by operations of law or by
a final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal, the
remainder of this MOU shall not be affected thereby.
Section 6-2. Copies of MOU
A. Within 60 days after this MOU is adopted by the City Council, the Union will arrange
for printing of jointly approved copies of it for furnishing one to every unit employee,
unit supervisor and to management personnel. The costs of such duplication and
distribution will be borne equally by the Union and the City.
B. Printing vendors secured by the Union shall comply with Chapter 18, Articles IV (City
Construction Contractors' Affirmative Action Requirements) and V (Supplier's and
Lessee's Affirmative Action Requirements), Phoenix City Code.
Section 6-3. Aid to Construction of Provisions of MOU
A. The provisions of this MOU shall be in harmony with the rights, duties, obligations and
responsibilities which by law devolve upon the City Council, City Manager, and other
Page 205
City boards and officials, and these provisions shall be interpreted and applied in such
manner.
B. The lawful provisions of this MOU are binding upon the parties for the term thereof, it
being understood that the Union is precluded from initiating any further meeting and
conferring for the term thereof relative to matters under the control of the City Council
or the City Manager.
Section 6-4. Part-Time Employees
Hourly paid unit employees, excluding seasonal and temporary employees, who have
worked a minimum of 50 hours in each pay period for 26 consecutive weeks shall be
entitled to the same benefits for authorized work on holidays as received by regular full-
time unit employees. In addition, such employees shall receive vacation credits prorated
for the number of hours worked after the qualifying period is satisfied. Vacation credits
shall be calculated and paid in cash in December and June. These hourly-paid employees
shall be considered for advancement from Pay Step 1 to Pay Step 2 after completing
1,040 hours of work in Step 1 and for advancement from Pay Step 2 to Pay Step 3 after
working 2,080 hours in Pay Step 2.
Hourly paid unit employees who have worked a minimum of 50 hours in each pay
period for 26 consecutive weeks shall be entitled to the same benefits as received by
regular full-time unit employees. Members that meet these requirements shall be
eligible for participation in the City's Health, Life, and Dental insurance programs. The
City's premium participation will be the same as that provided for full-time employees.
Continuation of participation under these plans will be determined by reviewing the
average hours worked in the prior 12-month period every calendar year on October 1.
This qualifying period will be determined for the following benefit year effective January
1. If the employee separates from City employment, the participation will cease.
Part-time employees are allowed an hours reduction of up to 2 weeks in one pay period
in the (26 week qualifying period and each period thereafter, without impacting their
eligibility to participate in the part-time employees’ benefit programs.
Section 6-5. Term and Effect of MOU
A. This Memorandum shall remain in full force and effect commencing with the beginning
of the first regular pay period in July 2023, up to the beginning of the first regular pay
Page 206
period commencing in July 2024. In compliance with the Meet and Confer Ordinance
(Phoenix City Code Chapter 2, Article XVII, Division 1) as may be amended, on or
before December 1, 2023, LIUNA 777 shall submit its proposed memorandum of
understanding for the next contract period.
B. Except as expressly provided in this MOU, the City shall not be required to meet and
confer concerning any matter, whether covered or not covered herein, during the term
or extensions thereof.
C. The provisions of this MOU shall be subject to Federal, State and local law that vests
jurisdiction and authority in other public boards and officials, including the City Council,
Phoenix Employment Relations Board, Phoenix Civil Service Board, City Manager and
Department Managers, or determines issues contrary to the provisions hereof.
D. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions. All side agreements executed during this MOU contract period will expire
on or before the contract end date unless incorporated into the MOU or extended by
mutual agreement. Any supplement, amendments, or modifications to this MOU which
are mutually agreed upon must be reduced to writing and signed by both parties.
Page 207
IN WITNESS WHEREOF, the parties have set their hands this
____ of May, 2023
______________________________________________________________________
Wendell Llopis, LIUNA Local 777 Representative
______________________________________________________________________
Greg Carmichael, Assistant Human Resources Director, City of Phoenix
_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix
ATTEST:
______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED AS TO FORM:
______________________________________________________________________
City Attorney, City of Phoenix
LIUNA 777 Team: City of Phoenix Team:
Wendell Llopis Greg Carmichael, Human Resources
Daniel Salinas Megan Avalos, Human Resources
Michael Ruelas Scott Coughlin, Parks and Recreation
Jasmine Barger Jesse Duarte, Street Transportation
Ronald March Felipe Moreno, Public Works
Alexis Petrinovic Kim Hill, Human Resources (Coordinator)
John Sandoval Lorraine Rodriguez, Human Resources (Scribe)
Page 208
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Item text
Approving the Memorandum of Understanding Between the City of Phoenix and
American Federation of State, County and Municipal Employees, AFSCME Local
2384 (Unit 2) (Resolution 22116)
The City of Phoenix has met and conferred with American Federation of State, County
and Municipal Employees, AFSCME Local 2384 (Unit 2) in accordance with the terms
of Phoenix City Code section 2-218, and a Memorandum of Understanding (MOU) has
been approved by the organization's membership. A copy of the proposed MOU has
been filed with the City Clerk and an opportunity for public comment was conducted at
the April 19, 2023, City Council Formal Meeting.
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 209
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
CITY OF PHOENIX
AND
AMERICAN FEDERATION
OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES
LOCAL 2384, AFL-CIO
REPRESENTING FIELD UNIT II EMPLOYEES
Page 210
PREAMBLE .................................................................................................................... 4
ARTICLE 1: RIGHTS ...................................................................................................... 5
SECTION 1-1: GENDER ...............................................................................................................................................5
SECTION 1-1A: RECOGNITION ...................................................................................................................................5
SECTION 1-2: CITY AND DEPARTMENT RIGHTS .........................................................................................................5
SECTION 1-3: UNION RIGHTS .....................................................................................................................................6
SECTION 1-4: RIGHTS OF UNIT EMPLOYEES............................................................................................................. 12
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS........................................................................................... 18
SECTION 1-6: NEW POSITIONS/CLASSIFICATIONS .................................................................................................... 18
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 19
SECTION 2-1: GRIEVANCE PROCEDURE ................................................................................................................... 19
SECTION 2-2: ARBITRATION .................................................................................................................................... 24
SECTION 2-3: LABOR-MANAGEMENT COMMITTEE .................................................................................................. 27
SECTION 2-4: HEALTH AND SAFETY COMMITTEE .................................................................................................... 28
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 29
SECTION 3-1: WAGES .............................................................................................................................................. 29
SECTION 3-1A: PRODUCTIVITY ENHANCEMENT PAY............................................................................................... 30
SECTION 3-2: OVERTIME ......................................................................................................................................... 31
SECTION 3-2A: CALL OUT PAY ............................................................................................................................... 33
SECTION 3-3: OUT-OF-CLASS PAY........................................................................................................................... 34
SECTION 3-4: SICK LEAVE CONVERSION AT RETIREMENT ....................................................................................... 35
SECTION 3-4A: SICK LEAVE PAYOUT ...................................................................................................................... 35
SECTION 3-5: SHIFT DIFFERENTIAL PAY .................................................................................................................. 35
SECTION 3-5A: WEEKEND SHIFT DIFFERENTIAL PAY .............................................................................................. 36
SECTION 3-6: STAND-BY PAY ................................................................................................................................. 36
SECTION 3-7: SHOW-UP TIME.................................................................................................................................. 36
SECTION 3-8: JURY DUTY ........................................................................................................................................ 37
SECTION 3-9: DEFERRED COMPENSATION PROGRAM .............................................................................................. 37
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 37
SECTION 4-1: HOURS OF WORK ............................................................................................................................... 37
SECTION 4-2: REST AND LUNCH PERIODS ................................................................................................................ 39
SECTION 4-3: CLEAN-UP TIME ................................................................................................................................ 40
SECTION 4-4: SENIORITY ......................................................................................................................................... 40
SECTION 4-5: BUMP/BID PROCEDURE EQUIPMENT MANAGEMENT DIVISION .......................................................... 40
ARTICLE 5: BENEFITS ................................................................................................ 43
SECTION 5-1: HEALTH INSURANCE AND EMPLOYEE ASSISTANCE ........................................................................... 43
SECTION 5-2: DENTAL INSURANCE .......................................................................................................................... 43
SECTION 5-3: LIFE INSURANCE ................................................................................................................................ 44
SECTION 5-4: LONG-TERM DISABILITY INSURANCE ................................................................................................ 45
SECTION 5-5: HOLIDAYS AND VACATION LEAVE .................................................................................................... 45
SECTION 5-6: UNIFORMS ......................................................................................................................................... 47
SECTION 5-7: PARKING ............................................................................................................................................ 48
SECTION 5-8: TOOL ALLOWANCE ............................................................................................................................ 48
SECTION 5-9: PARENTAL LEAVE .............................................................................................................................. 49
ARTICLE 6: MISCELLANEOUS .................................................................................. 50
SECTION 6-1: SAVING CLAUSE ................................................................................................................................ 50
SECTION 6-2: COPIES OF MEMORANDUM................................................................................................................. 50
SECTION 6-3: APPRENTICESHIP PROGRAMS ............................................................................................................. 51
Page 211
SECTION 6-4: PART-TIME EMPLOYEES .................................................................................................................... 51
SECTION 6-5: DEPARTMENT CERTIFICATIONS AND REQUIRED LICENSES ................................................................ 52
SECTION 6-6: SAFETY MANUAL .............................................................................................................................. 52
SECTION 6-7: TERM AND EFFECT OF MEMORANDUM .............................................................................................. 52
SECTION 6-8: ........................................................................................................................................................... 53
ADDENDUM A - ALLOCATION OF STEWARDS ........................................................ 55
ATTACHMENT A .......................................................................................................... 56
ATTACHMENT B (RELATING TO VACATION LEAVE).............................................. 58
ATTACHMENT C (RELATING TO SICK LEAVE) ........................................................ 61
Page 212
PREAMBLE
WHEREAS the well-being dignity, respect, and morale of the employees of the City are
benefited by providing employees an opportunity to participate in the formulation of
policies and practices affecting the wages, hours, and working conditions of their
employment; and
WHEREAS the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter Memorandum or M.O.U.) are not intended to abrogate the
authority and responsibility of City government provided for under the statutes of the State
of Arizona or the Charter or Ordinances of the City of Phoenix except as expressly and
lawfully modified herein; and
WHEREAS the parties agree that the Phoenix Employment Relations Board (P.E.R.B.)
unit certification reflects that there exists a clear and identifiable community of interest
among employees covered by this Memorandum; and
WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, and working conditions of employees in Field Unit II;
NOW therefore, the City of Phoenix, hereinafter referred to as "the City," and Local 2384,
as an affiliate of the American Federation of State, County, and Municipal Employees,
AFL-CIO, hereinafter referred to as the "Union", having reached this complete agreement
concerning wages, hours, and working conditions for the term specified, the parties
submit this Memorandum to the City Council of the City of Phoenix with their joint
recommendation that body resolve to adopt its terms.
Page 213
ARTICLE 1: Rights
Section 1-1: Gender
Whenever any words used herein in the masculine, feminine, or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
Section 1-1A: Recognition
A. The City recognizes the Union as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance as amended, for the purpose of
representation regarding wages, hours, and other conditions of employment for all
employees in positions constituting Field Unit II, as certified or as may be modified
by the Phoenix Employment Relations Board (P.E.R.B.).
Section 1-2: City and Department Rights
A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the unilateral and exclusive right to operate, administer, and manage its
municipal services and work force performing those services in all respects subject
to this Memorandum.
B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not expressly modified by specific provisions of
this Memorandum and such decision-making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.
C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations consistent with law and the specific provisions of
this Memorandum, to direct its employees, to take disciplinary action for just cause,
to relieve its employees from duty because of lack of work or for other legitimate
reasons, to determine the methods, means, and personnel by which the City's
services are to be provided, including the right to schedule and assign work and
overtime, and to otherwise act in the interest of efficient service to the community.
Nothing herein shall be construed to diminish the rights of the City under Section 5
of the Meet and Confer Ordinance.
Page 214
Section 1-3: Union Rights
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.
A. Union Release
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2384 have
negotiated full-time release positions, and release hours, as an efficient and readily
available point of contact for addressing labor-management concerns. Examples of
work performed by the release positions in support of the City include ensuring
representation for employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in
collaborative labor-management initiatives that benefit the City and the members;
serving on City and departmental task forces and committees; facilitating effective
communication between City and Department management and employees;
assisting members in understanding and following work rules; and administering the
provisions of the Memorandum of Understanding. Union release is also used for
authorized employees to prepare for appeals and hearings and attend Union
conferences, meetings, seminars, training classes and workshops so that employees
better understand issues such as City policies and practices, conflict resolution,
labor-management partnerships, and methods of effective representation. The cost
to the City for these release positions and release hours, including all benefits, has
been charged as part of the total compensation detailed in this agreement.
1. Full-Time Release Positions
Four full-time release positions, designated by the Executive Board of the Union,
shall each be allowed up to 2,080 work hours per M.O.U. year to engage in lawful
union activities, pursuant to and consistent with this Memorandum. There will be
a deduction of hours from the Union’s release bank for the fourth full-time release
positions. The full-time release positions agree to comply with all City rules and
regulations. Full-time release positions are subject to all City Personnel Rules
and Administrative Regulations. The City will pay the employees’ full time fringe
benefits. Time used for this purpose in excess of 2,080 hours per position shall
be at the expense of the Union, and the Union shall reimburse the City at the
applicable employee’s hourly rate of pay.
The Union will keep the Labor Relations Division apprised of the regular work
schedules of the release positions and submit leave slips for processing.
Page 215
Upon return to their regular city duties, the Unit employee shall be reinstated to
their original position, location, and schedule by seniority.
The City values and benefits from the participation of Union leaders on citywide
task forces and committees, Labor - Management work groups, and a variety of
Health and Safety committees. These activities take time away from expected
tasks such as representation and communicating with the membership and may
occur outside the regular work day of the Union officials. The full-time release
positions agree to participate in these important committees and task forces. In
recognition of this commitment, the City agrees to pay the President of the Union
two hundred eight (208) hours of straight time in his/her compensatory time bank.
Each of the other three full-time Union release positions will receive eighty (80)
hours of straight time in each of their compensatory time banks each MOU year.
The Union, subject to departmental operation and scheduling factors and
reasonable advance notice, shall be allowed a total of one hundred and fifty (150)
hours of paid leave to attend Union seminars, lectures, and conventions.
In addition, the Union shall be allowed fourteen thousand dollars ($14,000)
reimbursable to the Union by the City each M.O.U. year, for designated members
of the local to attend schools, conferences, workshops and training to develop
skills in effective member representation, conflict resolution techniques, labor-
management cooperation, and other employee relations areas that promote
cooperative and harmonious relationships. The Union will submit receipts for
reimbursement by the City. If the entire $14,000 is not used in the first year of the
M.O.U. the balance will carry over into the second year not to exceed twenty-eight
thousand ($28,000) during the term of this M.O.U. Funds not used by the end of
the M.O.U. will expire.
As a result of the COVID-19 pandemic, the Union was not able to attend trainings
in 2020. Due to this, the parties agree to hold over the funds in Article 3, Section
1-3.A.1 until June 30, 2022.
2. Union Stewards
The Union may designate up to fifty-five (55) site stewards, twenty-six (26) chief
stewards, and seventeen (17) lead stewards to serve as Union representatives.
Such designations shall be made from amongst employees regularly working at
the job sites as specified in Attachment "A" and such stewards shall service
grievances at said job sites to which they are regularly assigned, in accordance
with Attachment "A" hereto. Chief Stewards may substitute for job site stewards
in the assigned area of jurisdiction as shown in Attachment "A."
The Labor-Management Committee will discuss the job site allocation of stewards
upon request by either party (Attachment A) and will consider the deletion or
Page 216
addition of stewards in the event of reorganization or expansion of Unit II
departments.
a. The Union shall notify the Labor Relations Division of the Human Resources
Department, in writing, of its designations and re-designations of stewards and
chief stewards.
b. There shall be no obligations on the City, nor shall the City change or modify
employees' permanent regular work schedules or assignments solely as a
result of such designations.
c. One such steward from the Grievant’s home department and the grievant may,
after the grievant and the supervisor were unable to resolve the matter
informally (Article 2, Section 2-1) when the Union is designated by a grievant
as his representative, attend mutually scheduled grievance meetings with City
of Phoenix department representatives without loss of pay or benefits. One
steward working in the same department as a unit member under investigation
may also attend investigative meetings without loss of pay or benefits.
Stewards not from the same department as the grievant or employee under
investigation may provide representation, however the total time spent on
representation will be requested from and charged to the bank of hours as
outlined in 1-3 A 3.
d. City employees who are on duty, either witnesses or grievants and the shop
steward representing an employee, may attend Civil Service meetings and
Phoenix Employment Relations Board (P.E.R.B.) meetings on City time.
e. The Union will be allowed subject to operational and scheduling factors and
fourteen (14) calendar days advance notice, up to one day of paid release time
for authorized stewards to attend a one-time contract orientation session
conducted by the Union in each year of the contract.
f. Union Stewards are subject to all City Personnel Rules and Administrative
Regulations.
3. Bank of Union Release Hours
The Union will be allowed, subject to operational and scheduling factors and
seventy two (72) hours advance notice in each instance, a unit total of three
thousand one hundred eighty three (3,183) hours paid release time in a bank of
release hours per M.O.U. year. Requests for release time shall be submitted to
the Labor Relations Administrator and approval of release time hereunder shall
not be arbitrarily withheld.
Page 217
With the exception of the ten elected union officials, only one representative may
be released from the same work group/shop at the same time. The union may
request an exception when training is being provided by the International Union.
Approval will not be arbitrarily withheld. No representative (with the exception of
the ten elected union officials), will be permitted to use more than 420 hours of
release time from the bank of hours in any one M.O.U. year.
Any hours used in excess of the bank of Union release hours must be approved
by the Labor Relations Administrator and the AFSCME Local 2384 President. The
number of hours used in excess of the allowable Union release hours at the end
of the contract term will be deducted from the Union release hours available for
the following year. A surplus of hours will be carried over into the next year to a
maximum total Union release of 8,325 hours.
B. Unpaid Release Time for Unit Related Activity
Union members may be authorized in advance in writing to engage in lawful Union
activities during City work hours on a non-paid basis at the unrestricted discretion of
the City Manager or designee consistent with the purpose of this Memorandum.
A member selected by the Union to do Unit representative work which takes the
employee from his employment with the City shall, at the written request of the Union,
and subject to Civil Service Rules, be granted an unpaid leave of absence. The leave
of absence shall be in increments of no less than three (3) months and shall not
exceed one (1) year, but it may be renewed or extended for a similar period upon the
request of the Union.
C. The Union will be allowed one (1) hour each orientation session to talk to and recruit
new Unit members into the Union and to explain the rights and benefits under the
M.O.U. This time will be allotted in addition to new employee orientation, at the
departments that have new employee orientation, in the Aviation, Public Works, and
Water Services Departments. The content of such information shall not be political in
nature, or abusive of any person in City employment. This time shall be considered
de minimus time.
D. Prior to the termination of the current Memorandum and subject to operational and
scheduling factors, each designated Union representative, which is defined as the
elected Executive Board, will be allowed up to one day of paid release time to facilitate
the familiarization of the terms of the successor Memorandum.
E. There shall be no use of official time for Union related activities except as expressly
authorized under the aforesaid sections.
F. International and Union Representatives
Page 218
Accredited International and appropriately designated Local representatives shall be
admitted to the buildings and grounds of the City during working hours for legitimate
Union purposes including providing representation to employees, so long as such will
not interfere with any work operation or the safety and security of any work site. Such
representative will check in with the supervisor involved and will be required to
conform to the safety regulations of the work site. Non-City personnel will be identified
to the department director or designee prior to entering restricted City areas.
G. Payroll Deduction
1. The City shall deduct from the first pay warrant of Union members, in each month,
the regular periodic membership dues and regular periodic Union sponsored
insurance premiums pursuant to the City's deduction authorization form duly
completed and signed by the employee and transmit such deductions monthly to
the Union no later than the fourteenth (14th) day following the end of the pay
period in which the deduction occurs, along with an alphabetical list of all
employees for whom deductions have been made. Such deduction shall be made
only when the Union member's earnings for a pay period are sufficient after other
legally required deductions are made.
2. Authorization for membership dues deduction herein under shall remain in effect
during the term hereof unless revoked by the employee. Revocation of
deductions shall be accepted by the City only during the first week of July or
January to be effective the following payroll period. The City will notify the Union
of any revocations submitted to it.
3. The City shall not make dues deductions for Unit employees on behalf of any
other employee organization (as defined in the Meet and Confer Ordinance)
during the term of this Memorandum. At each scheduled Labor Management
Committee meeting, the City shall provide to the Union a list of any exceptions to
this provision arising from transfers between any other Unit.
4. It is agreed that the City assumes no liability except for its gross negligence on
account of any actions taken pursuant to this section. The City will however, as
promptly as technically possible, implement changes brought to its attention. The
City shall at the written request of the Union during the term of this agreement
make changes in the amount of deduction hereunder for the general membership
provided cost for implementing such changes shall be reimbursed by the Union.
H. Facilities and Services
1. The Union through its designated representative, may distribute materials on the
City premises (buildings and grounds) before and after scheduled working hours
or in non-work areas during scheduled work hours provided that both the
employee distributing and the employee receiving such materials are on non-work
periods.
Page 219
2. The City shall provide the Union with accessible bulletin boards at mutually
agreed upon locations. The City shall grant sole and exclusive use of such bulletin
boards to the Union.
3. Materials which are abusive of any person or organization, which conflict with laws
regulating the political activities of City employees, and which are disruptive of the
City’s operations may not be posted or distributed.
4. The Union may grieve any refusal by the City to approve posting or distributing of
materials. The City will not arbitrarily disapprove materials.
5. Upon the Union’s filing of a Third Party Data Sharing Agreement with the Labor
Relations Division, the City shall provide the Union, upon request, a listing of Unit
employees indicating name, address, job classification, department number,
and/or a seniority list by job classification.
6. The City will endeavor to maintain remote computer access to the City’s intranet
for the Union Office.
I. Contracting Out
The City will comply with the provisions of Management Procedure Number 5.501,
dated February 7, 1994, and notify the Union, in writing, of the City's intent to contract
with a private agency for the provision of municipal services. The Union may, within
seven (7) calendar days of this notification, request a Labor-Management Committee
meeting for the purpose of discussing the potential contract. It is understood by all
parties that the Union's exercise of rights granted by this Article shall in no way delay
the process outlined in Management Procedure 5.501, nor impede the City's authority
to enter into a contractual agreement with a private agency.
The City will provide the union, upon request, with a listing in electronic format of unit
employees’ name, home address, date of employment, and department. The City will
also provide mailing information of all Unit 2 employees at the request of the Union.
The City shall provide the Union a list of all Unit 2 vacancies monthly.
Based upon mutually agreed upon frequency, departments will establish regular Labor
Management meetings with union leadership to ensure productive communications
on items such as: department policy changes and the outsourcing of services currently
performed by unit members which could directly result in a reduction in the number of
permanent Unit positions (“contracting out”).
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Section 1-4: Rights of Unit Employees
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.
A. Unit employees have the right to be represented by the union and the union reserves
the right to provide representation to its members in dealings with the City concerning
grievances, and matters pertaining to their individual employment rights and
obligations, and during an investigatory interview concerning allegations focused on
the employee which may result in disciplinary action.
B. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with an employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they have
a reasonable belief that discipline (a written reprimand or higher) could result. Should
information be made during a conversation to attempt to resolve an issue that could
result in discipline, the supervisor will stop the meeting and utilize an investigatory
process as outlined below. Any interview becomes investigatory when facts or
evidence sought by management may result in a disciplinary action.
• An employee is entitled to Union representation if the employee reasonably
believes that the investigatory interview will result in disciplinary action and the
employee has requested representation from their union.
C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions in order to provide the employee an
opportunity to gather additional information. In either case, a Notice of Inquiry (NOI)
form will be used. The intent of the NOI is to clearly put employees on notice that they
are under investigation that could result in discipline, inform them of the nature of the
allegations against them, and inform them of their right to representation.
D. If the City elects to issue written questions to the employee, the following shall apply:
1. If an NOI is being issued and there is no active questioning, representation is not
required.
2. The employee will have 72-hours excluding holidays and N-days to respond in
writing and provide any other material requested. This deadline may be extended
by mutual agreement if there are extenuating circumstances.
E. If the City elects to conduct an investigatory interview, the following shall apply:
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1. Prior to the employee being interviewed, the employee shall be advised of their
right to a representative.
2. The NOI form will be issued at the meeting.
3. The union representative may engage in meaningful representation, including but
not limited to assisting and consulting with the employee, attempting to clarify the
facts or questions asked, and suggesting other employees or witnesses who may
have knowledge of the underlying issues. The union representative cannot speak
on behalf of the employee or impede the progress of the interview.
4. The member or representative may ask for a caucus during the meeting. The
caucusing party will attempt to keep the caucus to reasonable timeframes.
5. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be
allowed to seek advice and counsel from their representative in caucus during the
interview.
6. The union representative may not behave in a violent, verbally abusive, insulting,
or demeaning manner toward the interviewer.
7. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement.
8. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement. Additional
time may be granted at the sole discretion of the department and will not be
withheld arbitrarily.
9. The employee will be provided with a copy of the interview notes and given 72
hours to confirm their answers and provide any additional information.
10. Except for emergency situations, the unit employees shall have a minimum of 48
hours to arrange for union representation when the member is the subject of an
administrative investigatory interview. The union representative will make every
reasonable attempt to arrive within the 48 hours. An employee may waive the 48-
hour time requirement if the employee is not opting for representation. Employees
will be provided with the NOI cover sheet (and attachment if applicable) listing the
allegations against the employee 48 hours in advance of the investigatory
interview, however, the NOI/interview questions will not be provided in advance.
F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:
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1. The employee will be instructed not to speak to anyone regarding an investigation.
This restriction does not apply to the union, the employee's family or clergy, the
investigator, or chain-of-command.
2. The employee will be advised if the inquiry is supervisor initiated or the result of a
citizen complaint, employee/co-worker complaint, or other.
3. The member shall also be informed that none of their statements, nor any
information or evidence which is gained by reason of such statements, can be
issued against them in any criminal proceedings.
4. A unit member shall receive a copy of any statement that they are asked to sign.
5. An employee under investigation will be notified in writing every 90 calendar days
as to the current status of the investigation. Every 30 days, an employee under
investigation may request a status update. At management's discretion, the status
will be provided either verbally or in writing. This will include a brief description of
the number of known witnesses still to be interviewed and other investigate
processes remaining to be completed, as well as an estimated date of completion.
G. Misc.
1. A unit member identified solely as a witness will not be prevented from reaching
out to the union on their own time to consult with a union representative prior to
their interview.
2. Only paperwork pertaining to any completed NOI investigation resolved as
sustained will be kept in an employee's personnel files.
3. If a Union Steward is requested by management to hold over or is called in from
home by a supervisor to represent an employee at meeting required by
management, the Union Steward will receive overtime compensation for actual
time held over or a minimum of 1 hour if called from home.
H. Unit employees will be permitted to apply and/or compete in a transfer process while
in a pending investigation. The transfer process will not be delayed pending the
conclusion of the related investigation.
I. The City will provide to the employee a copy of the Citywide completed accident
investigation and any other material the City plans to present at the Citywide Accident
Review Board hearing. This material will be supplied as quickly as possible after the
material has been prepared.
J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the employee's work shift in pursuit of benefits
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provided by this Article unless otherwise specified in this MOU. The employer shall
count as time worked any hours or fractions of hours spent within the employee's
regular work shift in pursuit of benefits provided by this Article.
K. Unit employees have the right to present their own grievance, in person or by legal
counsel.
1. Any Unit member covered hereunder or his representative designated on a written
form signed by the employee shall, on request and by appointment, be permitted
to examine his departmental personnel file, in the presence of an appropriate
supervisory official of the Department.
2. No Unit member shall have any adverse comments entered into a departmental
personnel file without the member being informed by a supervisor. The Unit
member shall be asked to date and sign such material solely as evidence of being
advised of its existence, not as indicating agreement. If the Unit member
requests, he shall receive a copy of the adverse comment.
3. Unit members may, at their discretion, attach rebuttal statements to any material
contained in their departmental personnel file, which may be adverse in nature.
The attachments must be no more than 4 pages.
L. The City will comply with provisions of A.R.S. Section 12-2506, paragraph D,
subparagraph 1, and assume responsibility for actions of any Unit II employee in a
legal proceeding for personal injury, property damage, or wrongful death, when it is
demonstrated that the employee was performing his regularly assigned duties without
malice or any degree of negligence.
M. Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee’s return to employment, if applicable):
Sustained discipline of a 40-hour suspension or greater discipline of the following
types:
• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift, or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13- 3102) at a City
worksite, unless such employee is a police officer. (A worksite includes not only
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City buildings and property, but also City vehicles and private vehicles while
being used on City business, and other assigned work locations.)
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or
the property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies.
• The employee committed a violation of the City’s Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
• The employee has committed a Class 3 violation of use of force (For
enforcement positions within the Police Department).
N. The City shall post on employee bulletin boards for employee review any new policies
and/or revision in City or written department policies and procedures affecting Unit II
employees and provide a copy to the Union. Notice shall remain posted for not
less than thirty (30) calendar days. Review of policy and procedure revisions shall be
included in employee meetings and shift briefings when appropriate and practical to
do so. The City will notify employees of new or revised written City or Department
policies affecting Unit employees as soon after release as possible.
Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).
O. A coaching is a verbal discussion with an employee. A coaching is not disciplinary
nor shall it be considered a first offense for purpose of progressive discipline.
Employees will be advised that they are receiving a coaching at the time it is given.
A written record of a coaching may be placed in the supervisor’s file for both positive
and negative incidents. An employee may receive more than one (1) coaching for a
similar matter.
A supervisory counseling is a verbal warning that the supervisor shall document in
memo form. A supervisory counseling is not discipline. They are to be used to
determine only notice to the employee.
If a supervisory counseling is to be used in any disciplinary or personnel action or
any performance rating, the employee will be given the supervisory counseling in
memo form, that identifies the behavior requiring improvement, the reason for the
improvement, and the consequences of continuing the unacceptable behavior. The
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memo will contain a line for the employee’s signature and above the line the
statement: “The employee shall date and sign the supervisory counseling, not as an
indication of agreement, but solely as evidence of being advised of its existence.”
The employee will receive a copy of the memo.
A supervisory counseling will only be retained in the supervisor’s file. It will not be
placed in the employee’s personnel file.
Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
in file.
Coachings/Supervisory Not maintained Not maintained
Remove annually
Counselings in file. in file.
provided no
further incidents.
Maintain copy in Maintain original
Maintain copy in
file. in file.
file.
Employee may Employee may
Written Reprimands Remove annually
request to request to
provided no
remove inactivate
further incidents.
after 3 years. after 3 years.
Maintain copy in Maintain original
file. in file.
Suspensions Employee may Employee may
Maintain copy in
(other than below) request to request to
file.
remove inactivate
Remove annually
after 10 years. after 10 years.
provided no
Maintain copy in Maintain original
Discipline as discussed further incidents.
file. in file.
in
Cannot Remove May not be
section 1-4.M.
inactivated
The official discipline record is maintained in the Personnel File. Copies maintained
in either the Supervisory and/or Department files are not the official record.
Employees may request to remove/inactivate eligible documents based on the
above criteria. Official records may only be inactivated and not removed.
If an employee receives a written reprimand during the rating period, the supervisor
will document the improvement required in the employee’s performance evaluation
without documenting the issuance of discipline.
The City continues to retain the format used for corrective action/discipline,
including forms, technology, etc.
P. If an employee is not given his/her PMG by the annual review date, the employee’s
merit increase will be processed within twenty-one (21) calendar days following the
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above due date and be retroactive to the PMG annual review date. (If PMG is an
overall “met”).
Employees will be notified of performance issues as they occur or are discovered.
Q. All unit members have the right to be treated in a manner which is fair and impartial
in any matter associated with the rights of unit members under specific terms of this
Memorandum of Understanding.
If a unit employee is suspended, it is understood that a suspension day is defined as
eight (8) hours. For employees working compressed workweek, the remaining hours
of the workday would be accounted at the sole discretion of management.
Section 1-5: Prohibition of Strike and Lockouts
A. The provisions of Section 2(17) and Section 13 of the Meet and Confer Ordinance
are expressly incorporated herein.
B. There shall be no "lockout" by the City during the term hereof.
Section 1-6: New Positions/Classifications
A. The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.
The parties agree to consult on the inclusion or exclusion of new classification(s) in
the bargaining unit and may thereafter refer any such matter, jointly or individually, to
the Phoenix Employment Relations Board (PERB) for appropriate action.
The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active positions
belonging to the Union. The Human Resources Department shall provide the Union
with an opportunity to meet with the person conducting the study prior to preparation
of any report or recommendations. The City shall notify the affected Union of the
results and recommendations resulting from any study 30 calendar days prior to that
study being presented to the Human Resources Committee. It should be noted that
there is no guarantee, either expressed or implied that changes to a classification or
its grade and salary range will result from a study.
The Union may submit a prioritized written request of classifications specific to the unit
that they wish to have studied. All written requests shall include a full explanation of
why the classification should be studied. This explanation shall indicate whether the
Union is requesting a full classification study (including job levels and job architecture)
or if the request is limited to a compensation review to assess market competitiveness
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and grade and salary levels. At least two requests by the Union shall be started by the
Human Resources Department in order of their ranking per contract year.
ARTICLE 2: Grievance/Arbitration/Labor Management
Section 2-1: Grievance Procedure
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The City shall count as time worked any hours or fractions of hours spent
within the employee's regular work shift in pursuit of benefits provided by this Article.
A. Informal Resolution
1. The parties agree that the first attempt to resolve employee complaints arising
under this M.O.U. will be an informal discussion between the employee and his
immediate non-unit supervisor only.
2. It is the responsibility of Unit members who believe that they have a bona fide
complaint concerning their working conditions to promptly inform and discuss it
with their immediate nonunit supervisor in order to, in good faith, endeavor to
clarify the matter expeditiously and informally at the employee-immediate
supervisor level.
3. If such informal discussion does not resolve the problem to the Unit member's
satisfaction, and if the complaint constitutes a grievance herein defined, the Unit
member may file a formal grievance in accordance with the following procedure.
B. Definition of Grievance
1. A "grievance" is a written allegation by a Unit employee, submitted as herein
specified, claiming violation(s) of the specific express terms of this Memorandum
for which there is no Civil Service or other specific method of review provided by
State or City law.
2. The City continues to retain the format used for the grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall
be null and void and will not be processed in accordance with this procedure.
C. Procedure
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In processing a formal grievance, the following procedure shall apply:
A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
Step 1
The unit employee shall reduce the grievance to writing by completing all parts of the
grievance form provided by the City, and submit it to the second line supervisor
designated by the City or City designee within fourteen (14) calendar days of the initial
commencement of the occurrence being grieved or when the employee had
reasonable cause to become aware of such occurrence. The City will assign a
grievance number within fourteen (14) calendar days. Either party may then request
that a meeting be held concerning the grievance or they may mutually agree that no
meeting be held.
The second line supervisor shall, within fourteen (14) calendar days of having received
the written grievance or such meeting, whichever is later, submit his response thereto
in writing to the Grievant and the Grievant’s representative, if any. The parties by
written mutual agreement may skip from Step 1 to Step 2 of the grievance procedure.
Step 2
If the written response of Step 1 does not result in resolution of the grievance, the
grievant may appeal the grievance by completing the City form and presenting it to
the second Step of review, the Department Head or his designee, within fourteen (14)
calendar days of the grievant’s receipt of the Step 1 response.
Either party may request that a meeting be held concerning the grievance or may
mutually agree that no meeting be held. Within fourteen (14) calendar days of having
received the written grievance or the meeting, whichever is later, the second level of
review shall submit his response to the grievance to the grievant and the grievant’s
representative, if any. The parties by written mutual agreement may skip from Step 2
to Step 3 of the grievance procedure.
Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee/Arbitrator,
the parties involved may mutually agree to submit the grievance to Labor Relations.
The grievance, as originally written and Step 1 and Step 2 responses, must be
submitted to Labor Relations within fourteen (14) calendar days of receipt of the
Step 2 response. Labor Relations shall, within fourteen (14) calendar days of the
receipt of the grievance, meet with the department head, or designees, and the
Grievant and the Grievant's representative, if any, in an attempt to resolve the
grievance. Labor Relations shall then submit a written response to all parties within
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fourteen (14) calendar days of the meeting.
Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
resolution of the grievance, the grievant and Union may, within fourteen (14)
calendar days of having received the Step 2 response, appeal the grievance by
completing the City form and presenting it to the Grievance Committee. The
Grievance Committee shall be composed of:
The Grievance Committee will consist of:
Chairman: A member of the City Manager's Office designated by the City
Manager.
Member: A mutually agreed upon neutral member.
Member: The President or the President's designee of another civilian
union/association, other than the Grievant’s, representing employees with the
City.
At the beginning of each contract year, the Union and the City will each select
five Department Directors to serve as Grievance Committee members. No
selected Department Director will serve as a committee member when the
grievance involves his/her department. Staff support to the Grievance Committee
will be provided by the Human Resources Department. The Labor Relations
Administrator and/or Department Director in Labor Relations will serve as an
advisor to the committee.
The Grievance Committee shall, within fourteen (14) calendar days of receipt of
the appeal, schedule a hearing regarding the grievance at which the grievant shall
be afforded the opportunity to fully present his position and to be represented. The
Grievance Committee shall, within fourteen (14) calendar days of the conclusion
of the hearing, make advisory recommendation on the grievance and submit it to
the City Manager for final determination for those employees who have elected to
use this procedure instead of arbitration.
The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.
b. In lieu of such hearing, the grievant and the Union may jointly invoke the
following procedure by submitting the written notice to the Labor Relations
Division within fourteen (14) calendar days of having received the Step 2
response. If the grievant and the Union so elect in writing within the above time
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limit, in lieu of such Grievance Committee hearing, the grievance may be
reviewed by an arbitrator.
The parties or their designated representatives shall agree on an arbitrator, and if
they are unable to agree on an arbitrator within a reasonable time, either party
may request the Federal Mediation and Conciliation Service to submit to them a
list of seven (7) arbitrators who have had experience in the public sector. The
parties shall, within fourteen (14) calendar days of the receipt of said list, select
the arbitrator by alternately striking names from the said list until one-name
remains. Such person shall then become the arbitrator. The arbitrator so selected
shall hold a hearing as expeditiously as possible at a time and place convenient
to the parties, and shall be bound by the following:
i. The arbitrator shall neither add to, detract from, nor modify the language of
the Memorandum or of Departmental rules and regulations in considering any
issue properly before him/her.
ii. The arbitrator shall be expressly confined him/her to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City Law.
The arbitrator shall submit his findings and advisory recommendations to the
grievant and the City Manager, or their designated representatives. The costs
of the arbitrator and any other mutually incurred costs shall be borne equally
by the parties. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.
D. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1, Section 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of the procedure. All
other grievances must be filed and signed by Unit employees subject to the
provisions of this Article.
E. Group Grievance
When more than one Unit employee claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be
filed in the name of all such employees. Such group grievances shall be filed at the
step of this procedure which provides the lowest level of common supervision
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having authority over all named grievants. Each Unit employee that is a party
grievant must be named and must sign such group grievance. The Union may sign
a group grievance on behalf of employees, however, in such instance, the grievance
must be amended within fourteen (14) days naming each Unit employee who is a
party grievant and containing his signature.
F. Time Limits
Failure of the City Management representatives to comply with time limits specified
in Section 2-1 C shall entitle the grievant to appeal to the next level of review; and
failure of the grievant to comply with said time limits shall constitute abandonment of
the grievance. Except, however, that the parties may extend time limits by mutual
written agreement in advance.
G. Notice to Union of Grievance Resolution
The City will put the Union on notice of proposed final resolutions of grievances
where the Union has not been designated as the grievant's representative for the
purpose of allowing the Union to ascertain that a final resolution will not be contrary
to the terms of this Memorandum.
The City will ensure that a copy of every M.O.U. grievance filed by a Unit member,
including the response from management, is forwarded to the Union at each step of
the process.
H. The City will not discriminate or retaliate against employees because of their
exercise of rights granted by this Article.
I. Employer grievances, should they occur as a result of official Union activities or
actions, including the failure to act as required under this agreement, will be
presented directly to the Union President or any Officer of the Union within fourteen
(14) calendar days of the occurrence prompting the grievance, or within fourteen
(14) calendar days of the date upon which the employer became aware of the
situation prompting the grievance. The President, or designee, shall, in each case,
provide a written answer within fourteen (14) calendar days from receipt of the
grievance
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3
herein; provided that the employer shall bear the cost of the services of the
arbitrator.
J. The Union and the City agree to meet at regular intervals (as defined in Article 2
Section 2-2 Labor/Management Committee) to find ways to improve the grievance
procedures.
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Section 2-2: Arbitration
A. Independent Arbitrator
Any Unit member who is a classified employee having completed the prescribed
probationary period who has received a disciplinary demotion, suspension, or
discharge, and has a right to appeal that disciplinary action pursuant to the Personnel
Rules, may under the provisions of this article request the Civil Service Board appoint
as a hearing officer an independent arbitrator selected pursuant to the procedures
described in Section 2-1 C below.
B. Appeal
The Union, on behalf of the employee, may request the selection of an independent
arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary
action. Such request must be made within fourteen (14) calendar days after the date
of service of notice of the order of suspension, demotion, or dismissal on him
personally, or twenty-one (21) calendar days from the date of mailing by certified mail
the notice of the order of suspension, demotion, or dismissal. The request must be
in writing and must state specific allegations in the discipline notice with which the
employee disagrees. The request must be personally delivered to the Board or
deposited in the United States mail, certified return receipt requested, postage
prepaid, addressed to the office of the Civil Service Board, within the above-stated
time.
The Union, on behalf of the employee, shall also immediately thereafter file copies
thereof with the complainant department head and the City Attorney. At the time the
Union files the request for hearing, it shall set forth whether the hearing will be public
or private.
C. Selection of Arbitrator
If the request for an independent arbitrator to be appointed as a hearing officer is
approved by the Civil Service Board, the Labor Relations Administrator or his
designated representative on behalf of the City and the Union president or his
designated representative on behalf of the employee shall agree on an independent
arbitrator within ten (10) calendar days after approval and appointment by the Board
of the appeal request. If an agreement on an independent arbitrator cannot be
reached within said ten (10) calendar days, either party may request that the Federal
Mediation and Conciliation Service (FMCS) or the American Arbitration Association
(AAA) provide a list with the names of seven (7) arbitrators with public sector
experience. In requesting such lists, the parties shall stipulate that arbitrators should
be from within Arizona.
The parties shall, within seven (7) calendar days of the receipt of the list, select the
arbitrator by striking names alternately until one-name remains. The remaining name
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shall be designated as the independent arbitrator appointed by the Civil Service
Board as the hearing officer for the appeal. The parties shall jointly communicate with
the chosen arbitrator to advise him of the appointment.
In the event that the chosen arbitrator is unable to accept the appointment as hearing
officer, the parties shall either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
independent arbitrator from the original list. The independent arbitrator chosen shall
be designated as the hearing officer appointed by the Civil Service Board for the
appeal.
D. Time for Hearing
When possible the hearing date shall be set within thirty (30) calendar days from the
request. Delays may be granted by mutual agreement of the parties. However, any
such delay occurring at the request of the Union, shall automatically be excluded from
any calculations of back pay to the employees, if any, as determined by the Civil
Service Board.
E. Hearing Procedures
The hearing procedures will be the same as the procedures set forth in Rule 22d,
Personnel Rules of the City of Phoenix. In the conduct of the hearing, the hearing
officer shall not be bound by the technical rules of evidence, nor shall informality in
any of the proceedings or in the manner of taking testimony invalidate any order,
decision, rule, or regulation made or approved by the Civil Service Board.
F. Witnesses
An employee appellant, or an employee subpoenaed as a witness, shall be granted
a leave of absence from his/her regularly assigned duties during his/her regularly
assigned work hours without loss of pay for the time.
At the request of either party, the arbitrator shall order that any witness who will testify
during the hearing be excluded from the hearing room until such time as they testify.
The City and the Union may exclude from the operation of this provision one
representative each of the City and the local Union.
G. Proposed Findings; Objections to Report
Either party may file with the hearing officer written proposed findings of fact and
conclusions within seven (7) calendar days of the conclusion of the hearing. A copy
of such proposed findings and conclusions shall be served on the other party at the
same time as filing with the hearing officer.
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No later than two (2) calendar days before the Civil Service Board meeting where the
appeal has been scheduled for hearing either party may file with the Civil Service
Board written objections to the hearing officer's report. A copy of such objections
shall be served on the other party at the same time as filing with the Civil Service
Board. No post-hearing evidence shall be submitted.
H. Requirements
The independent arbitrator selected by the parties and appointed by the Civil Service
Board pursuant to this article shall be bound by the following:
1. The independent arbitrator shall neither add to, detract from, nor modify the
language of this Memorandum of Understanding.
2. The independent arbitrator shall be expressly confined to the precise issues
submitted and shall have no authority to consider any other issue.
3. The independent arbitrator shall be bound by applicable Federal, State, and City
laws.
I. Report
Within two (2) weeks of the conclusion of the hearing, the hearing officer shall forward
all records and the report containing a statement of the findings of fact, conclusions,
and recommendations concerning the appeal to the Civil Service Board and send a
copy of the report to the parties. The hearing officer may recommend to the Civil
Service Board the discipline be upheld or modified, or rescinded pursuant to
Personnel Rule 22 (e).
J. Costs
The cost of the independent arbitrator and other costs related to obtaining said
arbitrator shall be borne equally by the parties. Each party will be responsible for its
own costs incurred in the hearing process, including but not limited to costs for legal
services, service of subpoenas, and expert witnesses.
K. Civil Service Board
It is expressly understood that this article shall not impinge on the powers and duties
of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City
Charter and Rule 22, Personnel Rules of the City of Phoenix.
L. Representation
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The parties agree that for the purpose of this article the City will be represented by
the Labor Relations Administrator for the City of Phoenix or designee and the
employee will be represented by the President of AFSCME, Local 2384 or designee.
Section 2-3: Labor-Management Committee
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.
A. There shall be a Labor-Management Committee consisting of representatives of the
Union and representatives of the City. The purpose of the Committee is to facilitate
improved labor-management relationships by providing a forum for the free
discussion of mutual concerns and to attempt to resolve problems brought to its
attention. Participants will agree to meet quarterly.
B. During the term of this M.O.U., the Union and the City shall establish an
Apprenticeship Labor Management Committee. The Apprenticeship Labor
Management Committee shall be comprised of a maximum of five (5) persons each
from Labor and from Management.
C. The Committee shall meet monthly or at other mutually scheduled times.
D. The members shall, upon request for a meeting, provide the Chairman with proposed
agenda items, and the Chairman shall provide the members with the meeting agenda
in advance of the meeting.
E. The Union shall be advised of management recommendations for contracting of work
presently being performed by Unit employees which would directly result in a
reduction in the number of permanent Unit positions during the term of this
agreement. The Union may request an opportunity to discuss these
recommendations in the Labor-Management Committee prior to any final
recommendation to the City Council. Failure by the City to notify the Union under this
Article may be subject to the Grievance Procedure of this Memorandum.
The Management recommendations, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2 Section 2-1) of this Memorandum.
F. Any signed/dated written Labor/Management agreements with the signatures of both
parties and the Chairperson will be binding on the parties for the remaining term of
this M.O.U.
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Section 2-4: Health and Safety Committee
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.
A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.
The City will continue its practice of providing personal protective equipment to
protect employees from recognized safety and health hazards, this includes voucher
for boots on an as needed basis.
A Unit employee may file, without fear of discipline, retaliation, or discrimination, a
grievance (Article 2 Section 2-1) when, in his best judgment, the City has failed to
comply with specific safety and health standards promulgated by local, state, and
federal regulations.
B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This committee shall be composed of two (2) Unit
employees appointed by the Union and two (2) City representatives as designated
by the City Manager. The chair shall rotate among the members.
C. The committee shall meet quarterly or at other mutually scheduled times to consider
on-the-job safety matters referred to it by the existing departmental safety committees
and safety officers, or otherwise coming to its attention, and shall advise Department
Heads and the City Manager concerning on-the-job safety and health matters.
All written recommendations of the committee shall be submitted to the Department
Head concerned and to the City Manager.
D. In the discharge of its function, the committee shall be guided by the applicable
regulations of the State's OSHA agency, and the City's existing practices and rules
relating to safety and health, and formulate suggested changes.
E. Employee members of the committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time. Union members assigned to the Health
and Safety Committee shall be permitted to attend Department Health and Safety
Committee meetings.
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ARTICLE 3: Compensation/Wages
Various sections of this M.O.U. contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit member have been negotiated in place of a
direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.
Section 3-1: Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This
will be paid as follows:
1. A 5.55% base wage increase, effective the first full pay period in July 2023.
B. Additionally, Unit 2 employees will receive a non-continuous payment equal to
the economic value of 5.0% of their base wage to be paid out on the first full pay
period in August of 2023.
C. The City will complete a classification and compensation study before
December 31, 2023.
The City will evaluate the American Rescue Plan Act and will provide a (non-specified)
percentage of premium pay as allowed by the legislation and deemed appropriate by
the City Council, balancing the needs of the community and employees in their
development of a strategic plan for the ARPA funds. The strategic plan will follow
guidelines provided by the Department of Treasury. This language will expire at the
conclusion of the 2021-2023 MOU.
D. If the City projects a General Fund surplus for Fiscal Year 2018-2019 in the five-year
forecast that is presented to City Council in February 2018, the parties will Meet and
Confer in February 2018.
E. Licensed Pesticide Applicators shall receive fifty ($.50) in addition to their base hourly
rate for each hour engaged in assigned and authorized activities when applying,
mixing, or managing herbicide or pesticides. This compensation includes any
preparation and maintenance of application equipment.
F. Unit II Employees required by the City to maintain a Commercial Drivers License
(CDL) as a secondary part of their regular position duties shall receive twenty cents
($.20) in addition to their base hourly rate. This pay is not applicable to all positions in
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classifications which hold CDLs, nor is it applicable to positions in classification in
which driving is a primary function of the position.
G. It is understood that for implementation purposes, the practice of rounding off
fractional cents shall be done in accordance with universally accepted mathematical
and accounting principles.
H. The term "Pay Schedule" shall mean the schedule computed and published by the
Human Resources Department for payroll purposes.
Unpaid “Floating” Holidays
Unpaid “floating” holidays must be designated and approved by their supervisor by
August 1 of each fiscal year. If not all unpaid “floating” holidays are designated by the
deadline, the holidays will be designated by the department by September 1. The
unpaid “floating” holiday furlough may be taken in at least a one (1) hour increment.
Per state law, New Year’s Day, Independence Day, Labor Day, Thanksgiving, and
Christmas must be paid holiday; and therefore, cannot be designated unpaid
“floating” holidays.
Administration and approval of unpaid “floating” holidays are not subject to the
grievance procedure.
The unpaid holiday requirement will be phased out by Year Two of the 2016-19 MOU.
Section 3-1A: Productivity Enhancement Pay
Productivity Enhancement Pay
In recognition of continuous service and overall performance, the City agrees to the
following Productivity Enhancement pay formula for Unit II employees.
A. Pay Benefit:
In November of each calendar year, and June of each calendar year, unit members
who have completed at least six (6) years of continuous full-time service and who
meet the additional qualifications specified in this section shall qualify for one hundred
and three dollars ($103.00) for the completion of each year of continuous full-time
service in excess of five (5) years, up to an annual maximum of three thousand five
hundred and two dollars ($3,502) at the completion of 22 years of continuous full time
service.
In November of each calendar year, and June of each calendar year, unit members
who have completed twenty three (23) years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for
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one hundred thirty-eight dollars and eighty-nine cents ($138.89) for the completion of
each year of continuous full-time service in excess of five (5) years, up to annual
maximum of six thousand one hundred twelve dollars ($6,112) at the completion of
twenty-seven (27) years.
B. Qualifications:
1. An employee must have completed at least one year of continuous full-time
service at the top step in his classification.
Qualifications for Productivity Enhancement pay are made in the base class and
will not be affected by movement into or out of assignment positions. As well,
Productivity Enhancement pay will not be affected by movement to positions
within the same pay range.
When a position is reclassified to a higher classification, or when a classification
is assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which
corresponds to the closest to their combined base pay and previous Productivity
Enhancement amount (incumbent’s annualized payment), and which does not
result in a decrease from that amount. The placement in the new range will be
limited to the maximum step in the range. If the reclassification or pay range
change results in only a maximum possible one-range increase and the
incumbent is receiving Productivity Enhancement pay, he/she will be moved to
the top step and continue to be eligible for Productivity Enhancement pay.
2. An employee must have completed six (6) years of continuous full-time service.
3. An employee must have received an overall performance rating of “Met” on his
latest scheduled performance evaluation on file at the time of the qualifying date.
4. An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the employee returns to active employment.
C. Terms of Payment:
1. The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit member’s regular paycheck.
Section 3-2: Overtime
A. Overtime is defined as time assigned and worked beyond the regularly scheduled
workweek or daily work shift; it being understood that overtime for Unit members who
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normally work a daily work shift of eight (8) consecutive hours, including a paid meal
period on the job, is defined as time assigned and worked in excess of forty (40)
hours in a seven (7) day work period, or eight (8) hours per daily shift including paid
meal periods. In addition, when an employee is assigned and works two (2) eight (8)
hour shifts, and/or two (2) ten (10) hour shifts, or any combination of the two shifts,
the second of which commences less than twelve (12) hours after the regularly
scheduled conclusion of the first, that amount of time falling within said twelve (12)
hour period is deemed overtime for purposes of Section 3-2 D below, except,
however, that such twelve (12) hour rule does not apply to regular shift change
situations, relief positions, and positions in the classification of Event Services Worker
at the Phoenix Convention Center. The twelve (12) hour rule also does not apply if
an employee works less than a full shift either before or after his/her regular shift.
B. For the 2019 – 2021 M.O.U. contract, except for paid sick leave, all duly authorized
paid leave time shall be considered as time worked for the purposes of the regularly
scheduled workweek (but not daily work shift). Paid sick leave shall not be considered
as time worked for the purpose of calculating overtime for the regularly scheduled
workweek.
The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.
C. Overtime shall be worked and shall be allowed if assigned by the non-Unit supervisor
or other authorized representative of the City.
D. Overtime work will be compensated at one and one-half (1 1/2) times the regular rate,
which will be computed in accordance with provisions of the Fair Labor Standards
Act. Such payment will commence after the first seven (7) minutes.
E. In lieu of cash payment, a Unit member may request compensatory time credits up
to a maximum accumulation of two hundred and fifteen (215) hours. Authorized
overtime hours worked in excess of the maximum accumulation shall be paid in cash.
The request for compensatory time credit must be made at the time the overtime is
worked. The Department Head shall make the final determination on the method of
payment (either cash or compensatory time). Use of compensatory time off shall be
subject to departmental approval and scheduling.
F. Compensatory Time Conversion
Effective July 1, 2018, a unit member may convert accumulated compensatory time
credits to cash twice per M.O.U. year, up to a maximum of seventy (70) hours by
notifying the Department Head in writing of such intent either July and/or November.
Payment will be made on or before August 31 or November 30.
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G. The City shall endeavor to distribute the opportunity for non-standby overtime equally
between employees or crews of employees within the same classification and work
location.
Records of overtime worked by employees shall be provided to the designated Union
Steward, to be posted on a quarterly basis on Union bulletin boards. In areas where
no Steward is available, the list will be sent electronically to the Union Hall general
email address: afscme2384@afscme2384.com. In addition, records of overtime
worked by Unit members shall be made available for inspection by an authorized
representative of the Union upon advance request and at reasonable times.
H. Overtime shall be voluntary, except however, the City reserves the right to assign
overtime in the event insufficient employees volunteer, or to avoid inadequate
staffing, or to ensure service delivery, or to conduct mandatory training.
I. Where a ten (10) hour, four (4) day workweek schedule is implemented, overtime is
defined as time assigned and worked beyond ten (10) hours a day or forty (40) hours
a week.
Section 3-2A: Call Out Pay
The eight (8) hour period before the start of a Unit employee’s regular shift is to be called
“rest time.” If an employee is called out during this time, the employee shall be allowed to
adjust their work hours up to 4 hours (flex time) to allow the employee to have proper rest
before the start of the employee’s shift, whenever possible at the supervisor’s discretion.
Example: An employee starts at 6 am, and is allowed to start at up to 10 am to 8 pm.
An employee shall have a minimum of three (3) hours’ pay at overtime rates when called
out for work after going home from a shift, or when called out for overtime work while on
standby pay.
Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate forty-five (45) minutes after being relieved from
duty. These forty-five (45) minutes travel time shall be included in the minimum guarantee
and shall be paid only if the total work and allowed travel time exceed the minimum.
Travel time shall not apply when the employee is working on overtime which was planned
in advance. An employee requested to report early, before the normal starting time of the
shift, shall not be eligible for travel time, but would qualify for overtime for the extra time
worked.
Provisions of this section shall be interpreted in a manner which complies with the Fair
Labor Standards Act.
Remote Access Support
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Employees on Stand by called to perform work by remote access, such as VPN, shall
receive a minimum of thirty (30) minutes pay at the overtime rate or the actual amount of
time expended, whichever is greater. Remote access overtime shall be paid even when
more than one call out is made provided these calls are separated by more than thirty
(30) minutes. Calls placed closer than thirty (30) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.
Telephone Support
Employees on Stand by called to perform work by means of telephone support shall
receive fifteen (15) minutes pay at the overtime rate or the actual amount of time
expended whichever is greater. Telephone support overtime shall be paid even when
more than one call out is made provided these calls are separated by more than fifteen
(15) minutes. Calls placed closer than fifteen (15) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.
Section 3-3: Out-of-Class Pay
A Unit employee who is temporarily required to serve in a regular authorized position in
a higher classification shall be compensated at a higher rate of pay in accordance with
the following:
A. To be eligible for the additional compensation, the Unit employee must first
accumulate ten (10) regular working shifts of assignment in the higher class within
any twenty-four (24) month period. Satisfactory performance during a previous
appointment to the higher class will be credited to the qualifying period. The days of
out-of-class will be credited to the qualifying period. The days of out-of-class
assignment need not be consecutive. Once this qualification is satisfied, no
additional re-qualification will be required. In addition, out-of-class credit shall be
given for out-of-class work for five (5) hours work for a ten (10) hour shift and for four
(4) hours work for an eight (8) hour shift.
B. Temporary assignments out-of-class shall be recorded only in full shift units. A Unit
employee working out-of-class for five (5) hours for a ten (10) hour shift or four (4)
hours for an eight (8) hour shift shall be credited with working out-of-class for the
entire shift.
C. To qualify for out-of-class pay, a Unit employee must be given the assignment in
writing by a non-Unit supervisor or other authorized management representative of
the City.
D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class. Such time, however, shall be
submitted by the employee as creditable experience in promotional examinations for
the higher class.
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E. A Unit member who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift
served in the higher class. In the event of overlapping Unit salary ranges, a minimum
one-step differential shall be paid for out-of-class assignments into Unit
classifications. The higher rate of pay shall be used in computing overtime when
authorized overtime is served in out-of-class work assignments. The overtime rate
shall be the rate established by the overtime regulations that apply to the higher
classification.
Section 3-4: Sick Leave Conversion at Retirement
A. Sick Leave Cash Out Formula
Effective July 8, 2002, the following benefits shall apply:
Upon retirement, bargaining Unit employees with a minimum of 750 hours of accrued
and unused sick leave, excluding the first 250 hours, will be paid for 25% of the
remaining hours as base hourly wage.
Additional language of this Section 3-4 is contained in Attachments B and C.
Section 3-4A: Sick Leave Payout
All accumulated sick leave hours on the city's official file at the time of the member's death
will be paid. Payment will be based upon the member's base hourly rate at the time of
death.
Section 3-5: Shift Differential Pay
Unit employees shall receive ninety cents ($0.90) per hour in addition to their regular rate
of pay when working a night shift which ends at or after 9:00 p.m., and before midnight,
and one dollar and twenty-five cents ($1.25) per hour in addition to their regular rate of
pay when working a night shift which includes work during the period after midnight to
4:00 a.m.
Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.
Shift premium pay shall continue to be paid at the rate of the regular shift for any additional
hours worked following the regular shift. Effective July 1, 1999, night shift premium pay
applies to regular part-time employees.
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Section 3-5A: Weekend Shift Differential Pay
Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.
Effective July 10, 2006, a Unit member shall receive forty cents ($0.40) per hour in
addition to his base hourly rate of pay and any other shift differential or any other premium
pay he may be receiving for working a weekend shift. A designated weekend shift is
defined as any shift that starts on or after 2:00 p.m., on Friday, and continuing through
any shift that starts on or before, but not after 11:59 p.m., on Sunday.
A Unit member shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.
A Unit member who is called out and works between 2:00 p.m., on Friday and 11:59 p.m.,
on Sunday, will be paid weekend shift differential for all hours worked at the rate specified
in this article. If a Unit member was called out while on stand-by status, he will not receive
weekend shift differential.
Section 3-6: Stand-By Pay
When a Unit member is required to be available for call-out outside the employee's regular
work schedule, the member shall be compensated for such assigned stand-by hours at
two dollars ($2.00) per hour. Starting in the first pay period in July 2007, stand by pay
shall increase to two dollars and fifty cents ($2.50) per hour. Employees serving in stand-
by assignments shall be subject to contact requirements as provided for by the
Department Head.
Section 3-7: Show-Up Time
Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself for work as scheduled, shall be paid for at
least four (4) hours at the applicable rate of pay. If work on the employee's regular job is
not available for reasons beyond his control, the City may assign the employee substitute
work. In the event scheduled work is interrupted due to conditions beyond the City's
control and substitute work is not available to be assigned, affected employees shall be
paid for four (4) hours at the regular rate of pay, beginning at release, or to the end of the
scheduled work shift, whichever occurs first.
Except in emergencies, an employee who is scheduled to report to work for overtime, has
not been notified to the contrary, and presents himself for work as scheduled shall be paid
for at least four (4) hours at the applicable rate of pay. An employee who is entitled to
four (4) hours of pay due to cancellation in whole or in part of their shift will not receive
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pay for travel time to and from the worksite for this shift. Employees are not entitled to
submit vacation or compensation time for the remainder of an overtime shift.
An employee will only be paid at the overtime rate for hours “actually worked” and will be
paid at the otherwise applicable rate of pay for the remainder of the four (4) hours.
“Actually worked” is defined as the time the employee is scheduled and available to
perform work or performing job duties, prior to being released by a supervisor because
that work has ended.
Employees released hereunder prior to the end of their scheduled shift may be required
to stand by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-6, "Stand-By Pay" hereof). An employee shall have the option of using either
vacation time or compensatory time for the balance of his regular shift. Employees called
back to work shall be entitled to their regular pay only and not any premium for work
performed during the balance of their regularly scheduled shift.
Section 3-8: Jury Duty
A Unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence from municipal duties without loss of pay for the time actually
required for such service and reasonable travel time and shall, if he chooses, retain jury
or witness pay, except where such testimony or witness duty is the result of an employee's
official duties as a City employee.
To be eligible for paid leave for jury or witness duty, an employee must present verification
of his call to jury duty or witness duty.
Paid witness leave shall not be allowed when the Unit employee is the defendant or
plaintiff in a court action.
Section 3-9: Deferred Compensation Program
The City will contribute 3.62% of the base wage to a 401(a) Deferred Compensation
Plan (DCP) for each Unit employee for each year.
ARTICLE 4: Hours of Work/Working Conditions
Section 4-1: Hours of Work
A. This Article is intended to define the normal hours of work and to provide the basis
for calculation and payment of overtime pursuant to Article 3, Section 3-2.
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The City, in collaboration with the Union, may experiment with flextime schedules
when the following conditions are met:
a. Approval of Department Head
b. Approval of Union President
c. Mutually agreed schedule between Unit Member and Supervisor
d. Signed Wavier
B. The work week shall only consist of a schedule of consecutive work days in a seven
(7) calendar day pre-established work period, except in the Equipment Management
Division of Public Works Department. Any changes to the consecutive workday
schedule will be made by mutual agreement between AFSCME 2384 and the City on
the 4 day, 10 hour work shift.
C. Within a five (5) day work schedule, the work day will consist of eight (8) hours of
work within any twenty-four (24) hours in a pre-established work schedule, excluding
relief positions. Within a four (4) day work schedule, the work day will consist of ten
(10) hours of work within any twenty-four (24) hours in a pre-established work
schedule, excluding relief positions.
The City and the Union recognize that no regularly scheduled shift lengths, other than
those outlined in Article 4, shall be observed in Field Unit II.
D. Relief Crews
At the 9lst Avenue and 23rd Avenue Wastewater Treatment Plants, there may be one
(1), but no more than one (1), relief crew per plant as determined by management.
E. Permanent regular work schedules showing the employees' shifts, workdays, and
hours shall be posted on appropriate department bulletin boards.
F. When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the affected employees and the Union Hall, not less than fourteen (14)
calendar days in advance and will notify the Union of such changes, prior to actual
implementation.
In emergency situations, temporary work schedules may be adopted without the
fourteen (14) calendar days notice to the affected employees. "Emergency" shall
mean unforeseen operational circumstances.
Employees have the option to waive their fourteen (14) calendar day notice and begin
their new schedule with the City and Union's written approval.
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G. Summer hours shall begin no later than the last Monday in April and shall terminate
no earlier than the second Monday in September whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier in the year than specified in
this section, or terminated later in the year than specified in this section.
H. The City may implement ten (10) hours per day, four (4) days per week work
schedules when it is determined by the City that such scheduling is beneficial to City
operations.
Section 4-2: Rest and Lunch Periods
Scheduled work shifts shall include meal periods to be observed as follows:
5 DAY WORK WEEK MEAL PERIOD
8 hours Under normal conditions, no less than 30 minutes on
the job, paid at straight time.
8-1/2 hours No less than 30 minutes, unpaid.
9 hours No less than 60 minutes, unpaid.
4 DAY WORK WEEK MEAL PERIOD
10 hours Under normal conditions, no less than 30 minutes on
the job, paid at straight time.
10 1/2 hours No less than 30 minutes, unpaid.
11 hours No less than 60 minutes, unpaid.
Two (2) non-work periods of fifteen (15) minutes during the above scheduled work shifts
shall be permitted to promote the health, safety, and efficiency of employees on the job.
Activities of employees during those non-work periods shall not be subject to any
unreasonable restrictions.
When work demands permit, with a supervisor’s approval, a Unit member may combine
their thirty (30) minute meal period with one of his fifteen (15) minute rest periods to
achieve a forty-five (45) minute meal period. This paid leave time counts as hours worked.
When a unit member works overtime of two (2) hours or more in addition to their daily
work shift, they shall be entitled to an additional fifteen (15) minute break. Every additional
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two (2) hours of overtime will entitle an employee to an additional fifteen (15) minute
break.
After four (4) consecutive hours of overtime, a unit member shall be entitled to a paid
meal break of thirty (30) minutes, but in no event shall a unit member be entitled to more
than one such break for every eight (8) consecutive hours of overtime.
Employees shall be allowed reasonable time, as necessary, for personal clean up prior
to the commencement of the lunch and break periods.
Section 4-3: Clean-Up Time
Unit employees will be given time, in keeping with past practice, at the end of a normal
daily shift for personal clean up. Such time is in addition to and exclusive of any time the
City requires be spent for maintaining equipment.
Section 4-4: Seniority
A. The City shall provide the Union with a list of Unit members showing each Unit
member’s City employment date and class employment date.
B. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.
C. Seniority shall be used as a factor consistent with established Civil Service
procedures in choice of training, work assignments, vacation schedules, and in the
determination of layoffs.
Section 4-5: Bump/Bid Procedure Equipment Management Division
Policy: To provide an equitable system for employee selection of shift, days off, and area
location, the Union and the City recommend that departments considering the
implementation of a bump/bid policy for a designated group of Unit II employees use this
article as a guideline in the development of their policy.
A. General Guidelines
1. Annual Bump/Bid
There will be a full Bump/Bid each fiscal year, in December, which will become
effective the first pay period in January.
2. Interim Bump/Bid
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A layoff, a transfer of a vacant position number to another shift or shop, the
addition of a permanent position number, a promotion, demotion, dismissal,
resignation, or retirement will be filled subject to the in-class Bump/Bid. This
means that any time positions become vacant within a particular classification, an
open sign-up will be held. Vacant positions will be filled according to the seniority
ranking of interested employees within a class.
3. Exceptions
a. The specialties listed below will be exempt from the general Bump/Bid
procedure. Employees in these specialties will Bump/Bid only within their
specialty and/or section.
1) Motorcycle Mechanics
2) Heavy Equipment Mechanics in the following assignments:
-Fire shop
-Off-road equipment
-Aerial equipment
-91st Ave. Treatment Plant
-Landfills
3) Police substations-
-Auto Technicians (master)
-Fire Shop Auto Technicians
-Equipment Service Worker II
4) Leads
5) Temporary, new hire and promoted employees*
6) Rovers
7) Make-ready shop (all personnel)
8) Service writers
9) Auto Parts Clerk III (annual bump for this class will be effective after the
physical inventory each year).
10) Engine diagnostic specialist
11) Auto Mechanic at the 91st Ave. Treatment Plant
* Management reserves the right to place new employees on any shift and location
for a six (6) month period for training and evaluation purposes. These employees
become subject to the Bump/Bid procedure upon completion of six (6) months’
employment. The day after the due date shown on their six (6) month
performance rating will be the effective date.
At the end of the six (6) months, the position occupied by the temporary, new, or
promoted employee will become available to the most senior employee who has
signed up within the class. The two employees will then "switch" positions until
the next Bump/Bid.
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b. Positions of employees who have been on long-term industrial leave or light
duty, or personal illness, for at least one hundred (100) days, at the time of the
annual bump/bid will be excluded from the process. Upon return to regular,
full-time employment, management will assign the employee to an available
shift and location until the next Bump/Bid. Employees must return to work
seven (7) days prior to the original bump/bid posting to be included in the
bump/bid.
4. Annual Bump/Bid Completion
All personnel shall be frozen into the position selected, except to bid for openings
created as outlined in Section 4-5 A (2) "Interim Bump/Bid."
5. Delegation of Authority
Employees may delegate/select a representative to participate in the bump/bid in
their absence. This may be done by completing a proxy form and presenting it at
the designated sign-up time. This form must be signed by the delegating
employee and the employee performing the selection. The actual Bump/Bid Sign-
up Sheet will be annotated by the employee's representative printing the
employee's last name and initialing the entry. The Proxy form will be created in
Labor Management with the City and Unit II in efforts to create one universal
document. The Labor Management committee will also identify procedures of
distribution, request process, process to submit, deadlines and any other
concerns regarding this form.
6. Official Notification
The annual bump/bid will be posted, in its entirety, for a minimum of fourteen (14)
calendar days prior to the official sign-up date. A copy of the document will be
posted at all Equipment Management Division Facilities.
B. Seniority
Seniority within classification will be the principal factor for bumping and/or bidding.
1. Determination of Seniority
Seniority constitutes length of certified status within a class of the City service.
When two or more employees have the same length of time in the class, the
employee with the longest certified City employment time shall be senior. If a tie
still exists, the employee with the least amount of leave of absence without pay
(excluding leave of absence due to sickness, injury, or military service) shall have
the greater amount of seniority.
2. Dispute Resolution of Seniority
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Any disputes concerning the calculation of seniority length will be resolved by the
Public Works Department Human Resources Officer using the guidelines
identified in the above "Determination of Seniority."
ARTICLE 5: Benefits
Section 5-1: Health Insurance and Employee Assistance
The City will continue to offer health insurance plans for Unit members.
A. Medical and Dental Insurance
1. Effective August 1, 2004, the City and the Union agree to maintain the current
split for the health insurance monthly contribution for both single and family
coverage. If there is a rate increase or decrease, the City will pay 80% of the new
monthly contribution and the employee will pay 20%.
2. It is understood between the City and the Union that any changes in health
insurance benefits or rates shall be effective on or about January 1, and that the
City's monthly contributions will not, under any circumstances, exceed the actual
premium cost.
B. Employee Assistance Program
The City will continue the Employee Assistance Program, which will provide
confidential individual and family counseling to all Unit employees and their eligible
dependents. These services will be furnished by an independent contract agency to
be chosen by the City.
C. The City agrees to the continuation of a Health Insurance Advisory Committee for the
purpose of studying existing plans and to explore alternative plans. The Committee
shall include representatives of the City and Local 2384.
D. The $150 monthly allowance for Post Employment Health Plan accounts (PEHP)
continues for all qualifying employees eligible to retire after August 1, 2022. (The date
of an individual’s retirement eligibility was determined on August 1, 2007).
Section 5-2: Dental Insurance
The current dental split will also remain the same. If there is a rate increase or decrease,
the City will pay 100% of the new monthly contribution for single coverage. If there is a
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rate increase or decrease, the City will pay 75% of the new monthly contribution, and the
employee will pay 25% for family dental coverage.
The City agrees to contribute 100% of the cost to provide dental insurance for employees
enrolled in the base HMO or PPO plan for single employee coverage, and 75% of the
cost for family coverage.
The City agrees to retain the dental insurance plan for Unit members and their qualified
dependents. The plan shall consist of eighty percent (80%) payment of reasonable and
customary charges covered for preventive and diagnostic services, basic services, and
major services. The Plan shall also include an orthodontia benefit providing for eighty
percent (80%) payment of reasonable and customary charges up to a maximum lifetime
benefit of four thousand dollars ($4,000) per person. This plan is subject to the
deductibles and limitations contained in the contract between the dental insurance carrier
and the City of Phoenix.
Section 5-3: Life Insurance
The City will provide at no cost to Unit employees off-the-job and on-the-job life and
dismemberment insurance with a face value equivalent to the employee's annual base
salary rounded up to the next one thousand dollars ($1,000.00) or twenty-five thousand
dollars ($25,000.00), whichever is greater; in addition, the City will also provide death in
the line of duty insurance with a face value of seventy-five thousand dollars ($75,000.00).
It is understood between the City and the Union that any change in life insurance benefits
shall be effective on or about January 1. The designated beneficiary of a Unit member
will be paid for all accumulated sick leave hours that remain on the City's official file at the
time of a line-of-duty death of the Unit member, and payment will be based upon the Unit
member's base hourly rate of pay at the time of death. The beneficiary shall be that
person designated on the Employee Declaration of Beneficiary card for the City of
Phoenix Group Life Insurance Program on file in the City Human Resources Department.
Additionally, the City will provide to each Unit member a $200,000 death benefit covering
the Unit member’s commutation to and from his City work location. This policy will be
consistent with the policy negotiated in 1997 with CIGNA Group Insurance, and will cover
the Unit member commute for up to two hours before his shift begins, and two hours after
his shift concludes. The Union will only pay the cost of this benefit the first year of the
M.O.U.
In the event of the death of a Unit member while commuting to or from his work location,
for a period of two hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. This policy will be
consistent with the terms of the 1997 agreement between the City of Phoenix and CIGNA
Group Insurance, for the payment of a supplementary commutation life insurance policy
for each Unit member. The Union will pay the cost of this benefit, if any, the first year of
each new M.O.U. period.
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Section 5-4: Long-Term Disability Insurance
Pursuant to A.R. 2.323, the City will offer a long term disability benefit for all regular full-
time unit members. The City may revise the A.R., provided, however, that such revisions
shall not conflict with the express provisions of the M.O.U. Employees who have been
continuously employed and working on a full-time basis for twelve (12) consecutive
months are eligible for long term disability coverage. After an established ninety (90)
calendar day qualifying period, the plan will provide up to 66 2/3% of the employee's basic
monthly salary at the time disability occurs and continue up to age seventy-five (75) for
employees who have been employed full-time for 36 months and one day. This benefit
will be coordinated with leave payments, industrial insurance payments, unemployment
compensation, social security benefits, and disability provisions of the retirement plan.
Unit II members must apply to activate this benefit.
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than thirty (30)
months. Unit II members must apply to activate this benefit.
Section 5-5: Holidays and Vacation Leave
A. Employees, except those on hourly paid status, shall, when possible, without
disrupting the various municipal services, be allowed the paid holidays listed below:
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Cesar Chavez’s Birthday March 31
Memorial Day Last Monday in May
Juneteenth Day June 19
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Thanksgiving Day Friday after Thanksgiving Day
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Christmas Eve Four (4) hours on December 24
Christmas Day December 25
24 Personal Leave Hours After completion of six (6)
months' service
1. Personal leave hours are added to an employee’s vacation leave bank to be used
as such.
2. When a holiday named herein falls on Sunday, it shall be observed on the
following Monday, and when a holiday named herein falls on a Saturday, it shall
be observed on the preceding Friday, except that the Library Department may
observe such holidays on Saturday, and in the case of continuous and/or seven
(7) day operations, holidays shall be observed only on the calendar days on which
they actually fall. This paragraph shall not apply to Christmas Eve which shall be
granted only when it falls on the employee's regular scheduled workday.
A Unit employee working in continuous and/or seven (7) day operation, whose
regularly scheduled day off falls on a holiday specified above, who is not on
standby (Article 3 Section 3-6), and who is scheduled to work a regular shift on
such holiday and scheduled day off, shall be compensated as follows: eight (8)
hours pay for the holiday plus pay at time and one-half (1 1/2) the regular rate for
each hour assigned and worked to a maximum of eight (8) hours.
B. Vacation Accumulation
Vacation accrual, carryover, and separation pay-out shall be governed by the
following table:
MONTHLY
SERVICE ACCRUAL
0-5 years 8 hours
6-10 years 10 hours
11-15 years 11 hours
16-20 years 13 hours
21+ years 15 hours
MAX. CARRYOVER MAX. PAYOUT
192 Hours 240 Hours
240 Hours 300 Hours
264 Hours 330 Hours
312 Hours 390 Hours
360 Hours 450 Hours
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Unit members shall be allowed “vacation sell-back” twice per calendar year, on the
last paycheck of November and/or May. The total annual buy out is up to a maximum
of eighty (80) hours taken in no more than forty (40) hour increments, after the
employee has accumulated a minimum of one hundred twenty (120) hours of
vacation leave. The employee must take a minimum of forty (40) hours of
vacation/comp-time during the calendar year to qualify for these payments.
From July 1, 2016 through June 30, 2018, the vacation sell back remains in
concession at 40 hours maximum. Effective July 1, 2018, this benefit is restored to
80 hours.
Unit members may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father or child. Child is defined as a biological, adopted, foster or stepchild, legal ward,
or a child of a person standing in place of a parent. Or a brother, sister, grandparent,
or in-law who are living with the employee and under his/her care. Requests to
receive such leave contributions will require a completed doctor’s certification.
All unit members whose regularly assigned work week consists of 4/10 hour shifts,
shall not be required to submit documentation for 2 hours of paid leave on the
following holidays:
1. Memorial Day, last Monday in May
2. Juneteenth, June 19
3. Independence Day, July 4
4. Labor Day, first Monday in September
5. Veterans Day, November 11
6. Thanksgiving Day, fourth Thursday in November
7. Friday after Thanksgiving Day
8. Christmas Day, December 25
Section 5-6: Uniforms
A. Airport Security Guards (Class Code 24000) uniforms will be supplied by the Aviation
Department.
B. On the effective date of this Memorandum, the City will assume responsibility for the
weekly cleaning/laundering of uniforms issued to those Unit members who are
employees of the Equipment Management Division of the Public Works Department.
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Section 5-7: Parking
A. Employees regularly assigned to the Airport Terminal buildings shall be provided
parking facilities without charge at a location at the airport to be specified by the
Director of Aviation.
B. Effective July 8, 2002, all employees who pay for parking will be charged half price
at any downtown City owned parking garage if they park a motorcycle.
C. All regular full-time and regular part-time Unit employees will receive, upon request,
a City issued bus pass at no cost to the employee.
D. The City will provide 4 parking cards to the Union.
Section 5-8: Tool Allowance
A. Unit employees in the following eligible classifications will receive a tool maintenance
allowance of three hundred dollars ($300.00) per annum.
Payment for tool allowance will be made on or about September 1.
Classification
User Technology Specialist U2
Instrumentation and Control Specialist
Trades Helper, Assigned U2
Equipment Service Worker I
Electrician Helper
Electrician Apprentice
Electrician
Electrician, Assigned Lead
Traffic Signal Technician
Telecommunications Specialist
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Welder, Assigned U2
Building Equipment Operator I, assigned U2
Building Equipment Operator II, assigned U2
Building Maintenance Worker, Assigned U2
Locksmith
B. Unit employees in the following eligible classifications will receive a tool
maintenance allowance of six hundred dollars ($600.00) per annum.
Payment for tool allowance will be made on or about September 1.
Equipment Service Worker II
Automotive Technician and all assignments
Heavy Equipment Mechanic and all assignments
Equipment Repair Specialist
Body Repair Specialist
Helicopter Mechanic
Fuel Systems Support Technician
Aircraft Technician and assignment
Section 5-9: Parental Leave
A. The City will, as a matter of general policy, and subject to operational needs,
authorize up to three (3) months of unpaid leave for an employee who is the parent
of a newly born or legally adopted child or any Unit member who needs to care for
an ill family member. Family members include spouse, children (natural, adopted,
foster, or stepchildren), brother, sister, parents, grandparents, as well as others living
in the same household with the employee. Approval and use of this leave shall be
subject to existing Personnel Rules.
B. An employee may use up to ten (10) hours of accumulated sick leave in at least one-
hour increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. When there is an
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extreme illness or injury situation where a life or death question exists involving an
immediate family member, an employee may use up to five (5) days of accumulated
sick leave. (This should not be construed as bereavement leave under Personnel
Rule 15g).
In addition, employees may have dependent care situations where the above leave
is insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an
immediate family member up to a maximum of five (5) incidents not to exceed a total
of forty (40) hours each calendar year.
For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave-management
program, up to a maximum total of seven (7) incidents per calendar year. An incident
is defined as an absence from work, regardless of the length of time.
An immediate family member is defined as the employee’s spouse, qualified
domestic partner, mother, father or child. Child is defined as a biological, adopted,
foster or stepchild, legal ward, or a child of a person standing in place of a parent. Or
a brother, sister, grandparent, or in-law who are living with the employee and under
his/her care.
ARTICLE 6: Miscellaneous
Section 6-1: Saving Clause
A. If any article or section of this Memorandum should be held invalid by operation of
law or by a final judgment of any tribunal of competent jurisdiction, or if compliance
with or enforcement of any article or section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby; and upon issuance
of such final decree, the parties, upon request of either of them, shall meet and confer
to endeavor to agree on a substitute provision or that such a substitute provision is
not indicated.
Section 6-2: Copies of Memorandum
Within sixty (60) days of the date that this Memorandum is adopted by the City Council,
the Union will arrange for printing of jointly approved copies of it for furnishing one to
every Unit employee, Unit supervisor, and to management personnel. The cost of such
duplication and distribution will be borne equally by the Union and the City.
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Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors and Suppliers), as may be amended.
Section 6-3: Apprenticeship Programs
The City will make available to the Union copies of all existing apprenticeship agreements
affecting Unit II employees.
Section 6-4: Part-Time Employees
A. Hourly paid Unit members, excluding seasonal and temporary employees, who have
worked a minimum of fifty (50) hours in each pay period for twenty-six (26)
consecutive weeks shall be entitled to vacation credits of four (4) hours per month.
Vacation credits shall be calculated and paid in cash, in December and June.
Continuation of this entitlement will be determined on November 1, February 1, and
May 1. If the employee has worked a minimum of fifty (50) hours in each pay period
in July, August, and September, his participation shall continue for the period
November through January. A similar review and qualification will be required for
October, November, and December; January, February, and March; and April, May,
and June. If the employee separates from City employment, the participation will
cease.
B. Hourly paid employees, excluding seasonal employees, may be considered for
advancement from pay step 1 to pay step 2 after completing 1,040 hours of work at
step 1. Advancement from pay step 2 to pay step 3 and each subsequent step in a
range may be considered after working 2,080 hours in each step.
C. No full-time or part-time permanent employees in the City Civic Plaza Department
shall be displaced or their hours reduced by the utilization of temporary employees,
unless the issue has been discussed by the parties in a Labor/Management meeting
and the City has complied with the provisions of Management Procedure 5.501,
dated February 7, 1994.
Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).
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Section 6-5: Department Certifications and Required Licenses
The City will reimburse Unit members of the Water Services Department for expenses
incurred as a result of acquiring and maintaining certification required by the Arizona
Department of Environmental Quality. Unit member of the Water Services Department
will be reimbursed for 1 (one) fail and/or 1 (one) pass per certification.
Employees will be allowed City time to renew their CDL license and/or related
endorsements and will be reimbursed for such renewal fees which include the HAZMAT
background screening fee.
The City will provide reimbursements to Unit members for CDL endorsements.
Employees in the Water Services Department will receive a one-time special merit
increase/step adjustment when they obtain a higher ADEQ Grade Certification than
required for their job classification. Employees must provide a copy of their examination
results.
When the employee obtains a higher ADEQ Grade Certification and submits results for
reimbursement or merit increase, there will be no change to the employees PMG
anniversary date.
Section 6-6: Safety Manual
The parties agree that, during the term of this Memorandum, the City will publish a Safety
Manual covering all citywide safety issues.
The Health and Safety Committee established in Article 2 Section 2-3 of this
Memorandum will be given the opportunity to review and to offer input on the manual
while it is in draft form and before its final publication.
Once published, there will be no changes made in the manual without the review of the
Health and Safety Committee.
Employees are entitled to exercise the rules under OSHA by relating to the competent
person assigned that the situation is unsafe and in conflict with OSHA rules.
Section 6-7: Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect commencing with the
beginning of the first regular pay period in July 2023 up to the beginning of the
first regular pay period commencing in July 2024, and thereafter shall continue
in effect year by year unless one of the parties notifies the other in writing no later
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than December first of the final contract year of its request(s) to modify or terminate
it.
B. Except as expressly provided in this Memorandum, the City shall not be required to
meet and confer concerning any matter, whether covered or not covered herein,
during the term or extensions thereof.
However, the parties will continue to meet with affirmative willingness to resolve
grievance and disputes relating to wages, hours and working conditions without
effecting the terms of this agreement.
C. If any section or provision of this Memorandum violates existing Federal, State, or
City law, then such law shall supersede such provision or section.
D. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with
the meet and confer proceedings resulting in this Memorandum is precluded from
initiating any further meeting and conferring for the term thereof relative to matters
under the control of the City Council or the City Manager.
E. The provisions of this Memorandum apply to all Unit employees, except that
entitlement to health, life, and long term disability insurance; holiday, overtime, and
show-up time benefits for regular hourly employees shall continue in accordance with
present practice and policy.
Permanent employees shall not be laid off from City employment and replaced by the
hiring of part-time employees solely for the purpose of eliminating the cost of existing
full-time benefits received by permanent employees.
F. This Memorandum constitutes the total and entire agreements between the parties
and no verbal statement shall supersede any of its provisions. All side agreements
modified during this contract period must contain an effective starting and expiration
timeframe. Any supplements, amendments, or modifications to this M.O.U. shall be
executed by duly authorized representative of each party.
Section 6-8:
The City shall create an Employee Memorial for those Unit II employees lost to
COVID-19 to thank them for their service to the City of Phoenix. This Memorial can
be in conjunction with other Memorials the City may have planned.
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IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2023
_____________________________________________________________________
Jason Henley, President, AFSCME Local 2384
_____________________________________________________________________
Corina Ramsey, Deputy Director, Human Resources, City of Phoenix
_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix
ATTEST:
______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED TO FORM:
______________________________________________________________________
City Attorney, City of Phoenix
AFSCME 2384 Team: City of Phoenix Team:
Jason Henley, President Corina Ramsey, Deputy Human Resources Director
James Sagar Janice Pitts, Deputy Human Resources Director
Diana Peterson Brandy Kelso, Water Services Department
James Mckenna Gabe Nevarez, Aviation Department
Donald Furnival Keith Carbajal, Public Works Department
Alejandro Gutierrez Bob Fingerman, Phoenix Convention Center
Mario Ayala Brittany Whittle, Human Resources (Coordinator)
Christopher Idlebird Donna Love, Human Resources (Scribe)
Lorenzo Ortega
Page 263
Addendum A - Allocation of Stewards
The allocation of new steward positions under Article 1 will be referred to the Labor-
Management Committee for appropriate action.
Guidelines for designation of new stewards shall include:
1. A designated steward must be one from amongst employees regularly working at
a specified job site.
2. The designation of job site stewards shall take into consideration the following:
a. proportional representation of approximately 1-30,
b. organizational structure of department,
c. avoidance of duplicating service,
d. crew size of work unit divisions.
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ATTACHMENT A
(Subject to Reallocation)
Site Steward Allocations
Department/Division Site
Aviation/Bldg. Ops. Sky Harbor Airport
General Aviation Deer Valley Airport
Goodyear Airport
Maint/Air. Sect. Sky Harbor Airport
Op./Custodians All Term.-Sky Harbor
Electrical Maint. Electrical Shop
Op./Security Phoenix Convention Center
Event Services Phoenix Convention Center
Housing/Conventional All Conventional Sites
Elderly All Elderly Sites
Public Works Bldg Maint 2631 S. 22nd Ave.
Equipment Mgmt. 22nd Ave. Service Center
Fire Operations
Salt River Service Center
Union Hills Service Center
Glenrosa Service Center
Okemah Service Center
Fire Operations Center 150 S. 12th St.
Street Trans./Materials/Insp. 1034 E. Madison
Street Trans./Survey 1034 East Madison
Street Trans./Operations 2141 E. Jefferson
Waste/Wastewater Treatment 23rd Ave. & Durango
91st Ave. Plant
Water Pollution Control
Wastewater Collection 52nd St. & Thomas
Northwest Service Center
North Yard
Water Customer Service A.1-2525 E. Hess
A.2-2002 E. Maryland
A.3-16201 N. 21st Ave.
A.4-2301 W. Durango
A.5-138 E. Union Hills
Water Production Verde Plant
Deer Valley Plant
Squaw Peak Plant
Union Hills Plant
Val Vista Plant
52nd St. & Thomas
Phoenix Wells West
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ATTACHMENT A - CONTINUED
(Subject to Reallocation)
Site Steward Allocations
Water Distribution 3045 S. 22nd Ave.
52nd St. & Thomas
Corona Yard
Deer Valley Yard
Morten Yard
Paradise Valley Yard
Heavy Maint. Yard
Heavy Maint. Yard
Water/Wastewater Specialized Svcs Electricians
Heavy Maint.
Light Maint. (O&M)
Instrument & Control Specialist
Chief Steward Allocations
Department Division
Aviation Sky Harbor All (4)
Police/Fire/Street Trans. All (3)
Public Works All (2)
Housing All (2)
Water/Wastewater
Wastewater Treatment – 23rd Avenue 91st Avenue (3)
Wastewater Collections All (2)
Water Customer Services All (2)
Water Pollution Control All
Water Production All (3)
Water Distribution All (2)
Specialized Services All (2)
Lead Steward Allocations
Department
Aviation (3)
Public Works (2)
Street Transportation
Phoenix Convention Center (2)
Fire
Housing
Police
Water Services (6)
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Attachment B (Relating to Vacation Leave)
All of the following, including the agreed-upon Intent, are material terms of this Attachment
B and if any provision contained herein is not accepted by the City, the City Council or
the employee group, this entire Attachment B becomes null and void:
Section 3-4 (Continued)
A. Final Average Compensation and Vacation Leave
1. The number of vacation leave hours eligible to be cashed out and included in
an employee’s Final Average Compensation upon retirement will be limited
to the number of vacation leave hours in the employee’s leave bank on June
30, 2014, not to exceed 450 hours.
2. The City recognizes that the Union may bring a lawsuit regarding the City’s
proposed implementation of the practice set forth in this Attachment B by
submitting the dispute concerning the City’s proposal and planned
implementation of the practice in Paragraph B.1 of this Attachment B to a
court of competent jurisdiction.
3. The Parties expressly agree that nothing contained in Section 3-4 or this
Attachment B shall be construed to constitute an agreement by the Union to
the lawfulness of the practice set forth in Attachment B or the lawfulness of
implementation of the changes set forth in Paragraph B.1 of this Attachment
B. Nor shall anything contained in this Attachment B constitute a waiver of
the Union’s, employees’ or the City’s claims or defenses in connection with a
lawsuit as set forth in Paragraph B.2. hereof regarding the lawfulness of the
City’s proposed implementation of the changes set forth in Paragraph B.1.
The City agrees not to make any argument based on this Attachment B
regarding waiver, estoppel, ratification, novation or any similar arguments
based on this Attachment B. The City expressly agrees it waives any rights
to argue and will not and may not argue, based on this Attachment B, in any
lawsuit as set forth in Paragraph B.2 regarding the lawfulness of City’s
proposed implementation of the changes in Paragraph B.1, that the Union or
Unit 2 employees agreed to the lawfulness of such changes including, without
limitation, by asserting that the Union or employees agreed to the lawfulness
of such change based on this Attachment B, the negotiations leading up to
this Attachment B, the ratification of the M.O.U. by the Unit 2 employees or
Page 267
based on any action or statements of the Union in relation to this Attachment
B.
4. The Parties further agree that until there is a final judgment and declaration
with respect to the rights of the parties regarding the lawfulness of and the
proposed implementation of the practice in Paragraph B.1, if the City
calculates retirement benefits based on such practice, the Union will not seek
a temporary restraining order, preliminary injunction or other interim relief to
cease the practice set forth in paragraph B.1. The City expressly agrees that
it waives any rights to argue and will not and may not argue that failure to
seek a temporary restraining order, preliminary injunction or other interim
relief to cease the practice set forth in paragraph B.1 constitutes estoppel, an
agreement to such practice or waives any rights to challenge such practice
nor will the City argue that either the Union or Unit 2 employees agreed to the
lawfulness of the practice set forth in Paragraph B.1 or such practices based
on the failure to seek a temporary restraining order, preliminary injunction or
other interim relief.
5. The City and the Union further agree that in the event a court determines in
a lawsuit as described in Paragraph B.2., after final judgment and all appeals
are exhausted, that: (a) the vacation payments at issue in Paragraph A are
compensation within the meaning of the Charter; or (b) determines that the
practice set forth violates the contractually vested rights of employees; or (c)
determines that the practice violates either the Arizona or United States
Constitutions, the City shall, as soon as is reasonably practicable after final
judgment and all appeal rights are exhausted, sever Paragraph B.1 of this
Attachment B and its terms from this M.O.U. and will take whatever
administrative action is reasonably necessary to undo the practice described
in this Attachment B as required to implement such court’s judgment and
make any affected employees whole. The City shall meet and discuss with
the Union about such administrative action before such action is taken and
shall advise the Union first before advising affected Unit 2 employees about
any such administrative action that directly affects Unit 2 employees
6. The City and the Union further agree that, in the event of a final judgment in
the Union’s favor such as described in Paragraph B.5. of this Attachment, and
after all appeals are exhausted, the City will apply such judgment retroactively
to undo the effect of the practices described in this Attachment B.1 on any
employees affected or bound by this Attachment B and make such
employees whole, including without limitation those Unit 2 employees who
Page 268
retire after June 30, 2014 but before such final judgment and appeals are
concluded. The City shall meet and discuss with the Union about what
actions are taken to undo the effect of the practices and shall provide the
Union with information concerning what Unit 2 employees retired after June
30, 2014 who were affected by Paragraph B.1 of this Attachment B as
reasonably requested by the Union. The City agrees that it will not argue or
claim that such judgment should be applied prospectively only.
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Attachment C (Relating to Sick Leave)
All of the following are material terms of this Attachment C and if any provision contained
herein is not accepted by the City, the City Council or the employee group, this entire
Attachment C becomes null and void:
Section 3-4 (Continued)
B. Sick Leave Cash Out Formula (Continued)
1. Final Average Compensation and Sick Leave.
a. The number of sick leave hours eligible to be cashed out and included in an employee’s
Final Average Compensation upon retirement will be limited to the number of sick leave
hours in the employee’s leave bank on July 1, 2012, provided all criteria are met as
described in Subsection A of Section 3-4 of this M.O.U..
b. Employees with less than 250 hours of accrued and unused sick leave on July 1, 2012,
will not meet the minimum balance requirements for a sick leave cash out that can be
included in their Final Average Compensation.
c. The portion of accrued and unused sick leave that is not included in the Final Average
Compensation upon retirement can be cashed out as a lump sum upon retirement,
provided all criteria are met as described in Subsection A of Section 3-4 of this M.O.U.
2. The Parties agree that Paragraph C.1(a-c) of this Attachment C of this M.O.U. shall
not take effect, unless and until a final judgment, after all appeals are exhausted, has
issued in the City’s favor on all claims asserted by the Plaintiffs, as to the lawfulness of
the practice described in Paragraph C.1(a-c), in the pending lawsuit, Piccioli, et. al., v.
3. The Parties agree that nothing in either Paragraph C.1 (a-c) or this Attachment C of
this M.O.U. shall be construed to be a waiver of either the Union’s or the City’s claims or
defenses in connection with the Piccioli lawsuit, including any of the City’s arguments in
defense of continuing its current practice under Administrative Regulation 2.441 or any of
the Union’s arguments that it never agreed to such changes in the MOU effective July 1,
2012 through June 30, 2014 or otherwise. The City agrees not to make any argument
based on this Attachment C regarding waiver, estoppel, ratification, novation or any
similar arguments based on this Attachment C. The City expressly agrees it waives any
rights to argue and will not and may not argue, based on this Attachment C, in the Piccioli
matter regarding the City’s proposed implementation of the changes in Paragraph C.1(a-
c), that the Union or Unit 2 employees agreed to the lawfulness of such changes including,
Page 270
without limitation, by asserting that the Union or employees agreed to the lawfulness of
such change based on this Attachment C, the negotiations leading up to this Attachment
C, the ratification of the MOU by the Unit 2 employees or based on any action or
statements of the Union in relation to this Attachment C.
4. In the event a final judgment as described in Paragraph C.2. is issued, the Parties
agree that the City may, as soon as is reasonably practicable after final judgment and all
appeal rights are exhausted, take whatever administrative action is reasonably necessary
to implement the practice described in Paragraph C.1(a-c) of this Attachment C, provided
such action is consistent with the Court’s final judgment. The City shall meet and confer
with the Union about such administrative action before such action is taken and shall
advise the Union first before advising any other Unit 2 employees about any
administrative action regarding implementation of Paragraph C.1(a-c) that directly affects
Unit 2 employees.
Page 271
Report
American Federation of State, County and Municipal Employees, AFSCME Local
2384 (Unit 2) (Resolution 22116)
The City of Phoenix has met and conferred with American Federation of State, County
and Municipal Employees, AFSCME Local 2384 (Unit 2) in accordance with the terms
of Phoenix City Code section 2-218, and a Memorandum of Understanding (MOU) has
been approved by the organization's membership. A copy of the proposed MOU has
been filed with the City Clerk and an opportunity for public comment was conducted at
the April 19, 2023, City Council Formal Meeting.
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 209
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
CITY OF PHOENIX
AND
AMERICAN FEDERATION
OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES
LOCAL 2384, AFL-CIO
REPRESENTING FIELD UNIT II EMPLOYEES
Page 210
PREAMBLE .................................................................................................................... 4
ARTICLE 1: RIGHTS ...................................................................................................... 5
SECTION 1-1: GENDER ...............................................................................................................................................5
SECTION 1-1A: RECOGNITION ...................................................................................................................................5
SECTION 1-2: CITY AND DEPARTMENT RIGHTS .........................................................................................................5
SECTION 1-3: UNION RIGHTS .....................................................................................................................................6
SECTION 1-4: RIGHTS OF UNIT EMPLOYEES............................................................................................................. 12
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS........................................................................................... 18
SECTION 1-6: NEW POSITIONS/CLASSIFICATIONS .................................................................................................... 18
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 19
SECTION 2-1: GRIEVANCE PROCEDURE ................................................................................................................... 19
SECTION 2-2: ARBITRATION .................................................................................................................................... 24
SECTION 2-3: LABOR-MANAGEMENT COMMITTEE .................................................................................................. 27
SECTION 2-4: HEALTH AND SAFETY COMMITTEE .................................................................................................... 28
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 29
SECTION 3-1: WAGES .............................................................................................................................................. 29
SECTION 3-1A: PRODUCTIVITY ENHANCEMENT PAY............................................................................................... 30
SECTION 3-2: OVERTIME ......................................................................................................................................... 31
SECTION 3-2A: CALL OUT PAY ............................................................................................................................... 33
SECTION 3-3: OUT-OF-CLASS PAY........................................................................................................................... 34
SECTION 3-4: SICK LEAVE CONVERSION AT RETIREMENT ....................................................................................... 35
SECTION 3-4A: SICK LEAVE PAYOUT ...................................................................................................................... 35
SECTION 3-5: SHIFT DIFFERENTIAL PAY .................................................................................................................. 35
SECTION 3-5A: WEEKEND SHIFT DIFFERENTIAL PAY .............................................................................................. 36
SECTION 3-6: STAND-BY PAY ................................................................................................................................. 36
SECTION 3-7: SHOW-UP TIME.................................................................................................................................. 36
SECTION 3-8: JURY DUTY ........................................................................................................................................ 37
SECTION 3-9: DEFERRED COMPENSATION PROGRAM .............................................................................................. 37
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 37
SECTION 4-1: HOURS OF WORK ............................................................................................................................... 37
SECTION 4-2: REST AND LUNCH PERIODS ................................................................................................................ 39
SECTION 4-3: CLEAN-UP TIME ................................................................................................................................ 40
SECTION 4-4: SENIORITY ......................................................................................................................................... 40
SECTION 4-5: BUMP/BID PROCEDURE EQUIPMENT MANAGEMENT DIVISION .......................................................... 40
ARTICLE 5: BENEFITS ................................................................................................ 43
SECTION 5-1: HEALTH INSURANCE AND EMPLOYEE ASSISTANCE ........................................................................... 43
SECTION 5-2: DENTAL INSURANCE .......................................................................................................................... 43
SECTION 5-3: LIFE INSURANCE ................................................................................................................................ 44
SECTION 5-4: LONG-TERM DISABILITY INSURANCE ................................................................................................ 45
SECTION 5-5: HOLIDAYS AND VACATION LEAVE .................................................................................................... 45
SECTION 5-6: UNIFORMS ......................................................................................................................................... 47
SECTION 5-7: PARKING ............................................................................................................................................ 48
SECTION 5-8: TOOL ALLOWANCE ............................................................................................................................ 48
SECTION 5-9: PARENTAL LEAVE .............................................................................................................................. 49
ARTICLE 6: MISCELLANEOUS .................................................................................. 50
SECTION 6-1: SAVING CLAUSE ................................................................................................................................ 50
SECTION 6-2: COPIES OF MEMORANDUM................................................................................................................. 50
SECTION 6-3: APPRENTICESHIP PROGRAMS ............................................................................................................. 51
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SECTION 6-4: PART-TIME EMPLOYEES .................................................................................................................... 51
SECTION 6-5: DEPARTMENT CERTIFICATIONS AND REQUIRED LICENSES ................................................................ 52
SECTION 6-6: SAFETY MANUAL .............................................................................................................................. 52
SECTION 6-7: TERM AND EFFECT OF MEMORANDUM .............................................................................................. 52
SECTION 6-8: ........................................................................................................................................................... 53
ADDENDUM A - ALLOCATION OF STEWARDS ........................................................ 55
ATTACHMENT A .......................................................................................................... 56
ATTACHMENT B (RELATING TO VACATION LEAVE).............................................. 58
ATTACHMENT C (RELATING TO SICK LEAVE) ........................................................ 61
Page 212
PREAMBLE
WHEREAS the well-being dignity, respect, and morale of the employees of the City are
benefited by providing employees an opportunity to participate in the formulation of
policies and practices affecting the wages, hours, and working conditions of their
employment; and
WHEREAS the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter Memorandum or M.O.U.) are not intended to abrogate the
authority and responsibility of City government provided for under the statutes of the State
of Arizona or the Charter or Ordinances of the City of Phoenix except as expressly and
lawfully modified herein; and
WHEREAS the parties agree that the Phoenix Employment Relations Board (P.E.R.B.)
unit certification reflects that there exists a clear and identifiable community of interest
among employees covered by this Memorandum; and
WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, and working conditions of employees in Field Unit II;
NOW therefore, the City of Phoenix, hereinafter referred to as "the City," and Local 2384,
as an affiliate of the American Federation of State, County, and Municipal Employees,
AFL-CIO, hereinafter referred to as the "Union", having reached this complete agreement
concerning wages, hours, and working conditions for the term specified, the parties
submit this Memorandum to the City Council of the City of Phoenix with their joint
recommendation that body resolve to adopt its terms.
Page 213
ARTICLE 1: Rights
Section 1-1: Gender
Whenever any words used herein in the masculine, feminine, or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
Section 1-1A: Recognition
A. The City recognizes the Union as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance as amended, for the purpose of
representation regarding wages, hours, and other conditions of employment for all
employees in positions constituting Field Unit II, as certified or as may be modified
by the Phoenix Employment Relations Board (P.E.R.B.).
Section 1-2: City and Department Rights
A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the unilateral and exclusive right to operate, administer, and manage its
municipal services and work force performing those services in all respects subject
to this Memorandum.
B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not expressly modified by specific provisions of
this Memorandum and such decision-making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.
C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations consistent with law and the specific provisions of
this Memorandum, to direct its employees, to take disciplinary action for just cause,
to relieve its employees from duty because of lack of work or for other legitimate
reasons, to determine the methods, means, and personnel by which the City's
services are to be provided, including the right to schedule and assign work and
overtime, and to otherwise act in the interest of efficient service to the community.
Nothing herein shall be construed to diminish the rights of the City under Section 5
of the Meet and Confer Ordinance.
Page 214
Section 1-3: Union Rights
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.
A. Union Release
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2384 have
negotiated full-time release positions, and release hours, as an efficient and readily
available point of contact for addressing labor-management concerns. Examples of
work performed by the release positions in support of the City include ensuring
representation for employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in
collaborative labor-management initiatives that benefit the City and the members;
serving on City and departmental task forces and committees; facilitating effective
communication between City and Department management and employees;
assisting members in understanding and following work rules; and administering the
provisions of the Memorandum of Understanding. Union release is also used for
authorized employees to prepare for appeals and hearings and attend Union
conferences, meetings, seminars, training classes and workshops so that employees
better understand issues such as City policies and practices, conflict resolution,
labor-management partnerships, and methods of effective representation. The cost
to the City for these release positions and release hours, including all benefits, has
been charged as part of the total compensation detailed in this agreement.
1. Full-Time Release Positions
Four full-time release positions, designated by the Executive Board of the Union,
shall each be allowed up to 2,080 work hours per M.O.U. year to engage in lawful
union activities, pursuant to and consistent with this Memorandum. There will be
a deduction of hours from the Union’s release bank for the fourth full-time release
positions. The full-time release positions agree to comply with all City rules and
regulations. Full-time release positions are subject to all City Personnel Rules
and Administrative Regulations. The City will pay the employees’ full time fringe
benefits. Time used for this purpose in excess of 2,080 hours per position shall
be at the expense of the Union, and the Union shall reimburse the City at the
applicable employee’s hourly rate of pay.
The Union will keep the Labor Relations Division apprised of the regular work
schedules of the release positions and submit leave slips for processing.
Page 215
Upon return to their regular city duties, the Unit employee shall be reinstated to
their original position, location, and schedule by seniority.
The City values and benefits from the participation of Union leaders on citywide
task forces and committees, Labor - Management work groups, and a variety of
Health and Safety committees. These activities take time away from expected
tasks such as representation and communicating with the membership and may
occur outside the regular work day of the Union officials. The full-time release
positions agree to participate in these important committees and task forces. In
recognition of this commitment, the City agrees to pay the President of the Union
two hundred eight (208) hours of straight time in his/her compensatory time bank.
Each of the other three full-time Union release positions will receive eighty (80)
hours of straight time in each of their compensatory time banks each MOU year.
The Union, subject to departmental operation and scheduling factors and
reasonable advance notice, shall be allowed a total of one hundred and fifty (150)
hours of paid leave to attend Union seminars, lectures, and conventions.
In addition, the Union shall be allowed fourteen thousand dollars ($14,000)
reimbursable to the Union by the City each M.O.U. year, for designated members
of the local to attend schools, conferences, workshops and training to develop
skills in effective member representation, conflict resolution techniques, labor-
management cooperation, and other employee relations areas that promote
cooperative and harmonious relationships. The Union will submit receipts for
reimbursement by the City. If the entire $14,000 is not used in the first year of the
M.O.U. the balance will carry over into the second year not to exceed twenty-eight
thousand ($28,000) during the term of this M.O.U. Funds not used by the end of
the M.O.U. will expire.
As a result of the COVID-19 pandemic, the Union was not able to attend trainings
in 2020. Due to this, the parties agree to hold over the funds in Article 3, Section
1-3.A.1 until June 30, 2022.
2. Union Stewards
The Union may designate up to fifty-five (55) site stewards, twenty-six (26) chief
stewards, and seventeen (17) lead stewards to serve as Union representatives.
Such designations shall be made from amongst employees regularly working at
the job sites as specified in Attachment "A" and such stewards shall service
grievances at said job sites to which they are regularly assigned, in accordance
with Attachment "A" hereto. Chief Stewards may substitute for job site stewards
in the assigned area of jurisdiction as shown in Attachment "A."
The Labor-Management Committee will discuss the job site allocation of stewards
upon request by either party (Attachment A) and will consider the deletion or
Page 216
addition of stewards in the event of reorganization or expansion of Unit II
departments.
a. The Union shall notify the Labor Relations Division of the Human Resources
Department, in writing, of its designations and re-designations of stewards and
chief stewards.
b. There shall be no obligations on the City, nor shall the City change or modify
employees' permanent regular work schedules or assignments solely as a
result of such designations.
c. One such steward from the Grievant’s home department and the grievant may,
after the grievant and the supervisor were unable to resolve the matter
informally (Article 2, Section 2-1) when the Union is designated by a grievant
as his representative, attend mutually scheduled grievance meetings with City
of Phoenix department representatives without loss of pay or benefits. One
steward working in the same department as a unit member under investigation
may also attend investigative meetings without loss of pay or benefits.
Stewards not from the same department as the grievant or employee under
investigation may provide representation, however the total time spent on
representation will be requested from and charged to the bank of hours as
outlined in 1-3 A 3.
d. City employees who are on duty, either witnesses or grievants and the shop
steward representing an employee, may attend Civil Service meetings and
Phoenix Employment Relations Board (P.E.R.B.) meetings on City time.
e. The Union will be allowed subject to operational and scheduling factors and
fourteen (14) calendar days advance notice, up to one day of paid release time
for authorized stewards to attend a one-time contract orientation session
conducted by the Union in each year of the contract.
f. Union Stewards are subject to all City Personnel Rules and Administrative
Regulations.
3. Bank of Union Release Hours
The Union will be allowed, subject to operational and scheduling factors and
seventy two (72) hours advance notice in each instance, a unit total of three
thousand one hundred eighty three (3,183) hours paid release time in a bank of
release hours per M.O.U. year. Requests for release time shall be submitted to
the Labor Relations Administrator and approval of release time hereunder shall
not be arbitrarily withheld.
Page 217
With the exception of the ten elected union officials, only one representative may
be released from the same work group/shop at the same time. The union may
request an exception when training is being provided by the International Union.
Approval will not be arbitrarily withheld. No representative (with the exception of
the ten elected union officials), will be permitted to use more than 420 hours of
release time from the bank of hours in any one M.O.U. year.
Any hours used in excess of the bank of Union release hours must be approved
by the Labor Relations Administrator and the AFSCME Local 2384 President. The
number of hours used in excess of the allowable Union release hours at the end
of the contract term will be deducted from the Union release hours available for
the following year. A surplus of hours will be carried over into the next year to a
maximum total Union release of 8,325 hours.
B. Unpaid Release Time for Unit Related Activity
Union members may be authorized in advance in writing to engage in lawful Union
activities during City work hours on a non-paid basis at the unrestricted discretion of
the City Manager or designee consistent with the purpose of this Memorandum.
A member selected by the Union to do Unit representative work which takes the
employee from his employment with the City shall, at the written request of the Union,
and subject to Civil Service Rules, be granted an unpaid leave of absence. The leave
of absence shall be in increments of no less than three (3) months and shall not
exceed one (1) year, but it may be renewed or extended for a similar period upon the
request of the Union.
C. The Union will be allowed one (1) hour each orientation session to talk to and recruit
new Unit members into the Union and to explain the rights and benefits under the
M.O.U. This time will be allotted in addition to new employee orientation, at the
departments that have new employee orientation, in the Aviation, Public Works, and
Water Services Departments. The content of such information shall not be political in
nature, or abusive of any person in City employment. This time shall be considered
de minimus time.
D. Prior to the termination of the current Memorandum and subject to operational and
scheduling factors, each designated Union representative, which is defined as the
elected Executive Board, will be allowed up to one day of paid release time to facilitate
the familiarization of the terms of the successor Memorandum.
E. There shall be no use of official time for Union related activities except as expressly
authorized under the aforesaid sections.
F. International and Union Representatives
Page 218
Accredited International and appropriately designated Local representatives shall be
admitted to the buildings and grounds of the City during working hours for legitimate
Union purposes including providing representation to employees, so long as such will
not interfere with any work operation or the safety and security of any work site. Such
representative will check in with the supervisor involved and will be required to
conform to the safety regulations of the work site. Non-City personnel will be identified
to the department director or designee prior to entering restricted City areas.
G. Payroll Deduction
1. The City shall deduct from the first pay warrant of Union members, in each month,
the regular periodic membership dues and regular periodic Union sponsored
insurance premiums pursuant to the City's deduction authorization form duly
completed and signed by the employee and transmit such deductions monthly to
the Union no later than the fourteenth (14th) day following the end of the pay
period in which the deduction occurs, along with an alphabetical list of all
employees for whom deductions have been made. Such deduction shall be made
only when the Union member's earnings for a pay period are sufficient after other
legally required deductions are made.
2. Authorization for membership dues deduction herein under shall remain in effect
during the term hereof unless revoked by the employee. Revocation of
deductions shall be accepted by the City only during the first week of July or
January to be effective the following payroll period. The City will notify the Union
of any revocations submitted to it.
3. The City shall not make dues deductions for Unit employees on behalf of any
other employee organization (as defined in the Meet and Confer Ordinance)
during the term of this Memorandum. At each scheduled Labor Management
Committee meeting, the City shall provide to the Union a list of any exceptions to
this provision arising from transfers between any other Unit.
4. It is agreed that the City assumes no liability except for its gross negligence on
account of any actions taken pursuant to this section. The City will however, as
promptly as technically possible, implement changes brought to its attention. The
City shall at the written request of the Union during the term of this agreement
make changes in the amount of deduction hereunder for the general membership
provided cost for implementing such changes shall be reimbursed by the Union.
H. Facilities and Services
1. The Union through its designated representative, may distribute materials on the
City premises (buildings and grounds) before and after scheduled working hours
or in non-work areas during scheduled work hours provided that both the
employee distributing and the employee receiving such materials are on non-work
periods.
Page 219
2. The City shall provide the Union with accessible bulletin boards at mutually
agreed upon locations. The City shall grant sole and exclusive use of such bulletin
boards to the Union.
3. Materials which are abusive of any person or organization, which conflict with laws
regulating the political activities of City employees, and which are disruptive of the
City’s operations may not be posted or distributed.
4. The Union may grieve any refusal by the City to approve posting or distributing of
materials. The City will not arbitrarily disapprove materials.
5. Upon the Union’s filing of a Third Party Data Sharing Agreement with the Labor
Relations Division, the City shall provide the Union, upon request, a listing of Unit
employees indicating name, address, job classification, department number,
and/or a seniority list by job classification.
6. The City will endeavor to maintain remote computer access to the City’s intranet
for the Union Office.
I. Contracting Out
The City will comply with the provisions of Management Procedure Number 5.501,
dated February 7, 1994, and notify the Union, in writing, of the City's intent to contract
with a private agency for the provision of municipal services. The Union may, within
seven (7) calendar days of this notification, request a Labor-Management Committee
meeting for the purpose of discussing the potential contract. It is understood by all
parties that the Union's exercise of rights granted by this Article shall in no way delay
the process outlined in Management Procedure 5.501, nor impede the City's authority
to enter into a contractual agreement with a private agency.
The City will provide the union, upon request, with a listing in electronic format of unit
employees’ name, home address, date of employment, and department. The City will
also provide mailing information of all Unit 2 employees at the request of the Union.
The City shall provide the Union a list of all Unit 2 vacancies monthly.
Based upon mutually agreed upon frequency, departments will establish regular Labor
Management meetings with union leadership to ensure productive communications
on items such as: department policy changes and the outsourcing of services currently
performed by unit members which could directly result in a reduction in the number of
permanent Unit positions (“contracting out”).
Page 220
Section 1-4: Rights of Unit Employees
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.
A. Unit employees have the right to be represented by the union and the union reserves
the right to provide representation to its members in dealings with the City concerning
grievances, and matters pertaining to their individual employment rights and
obligations, and during an investigatory interview concerning allegations focused on
the employee which may result in disciplinary action.
B. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with an employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they have
a reasonable belief that discipline (a written reprimand or higher) could result. Should
information be made during a conversation to attempt to resolve an issue that could
result in discipline, the supervisor will stop the meeting and utilize an investigatory
process as outlined below. Any interview becomes investigatory when facts or
evidence sought by management may result in a disciplinary action.
• An employee is entitled to Union representation if the employee reasonably
believes that the investigatory interview will result in disciplinary action and the
employee has requested representation from their union.
C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions in order to provide the employee an
opportunity to gather additional information. In either case, a Notice of Inquiry (NOI)
form will be used. The intent of the NOI is to clearly put employees on notice that they
are under investigation that could result in discipline, inform them of the nature of the
allegations against them, and inform them of their right to representation.
D. If the City elects to issue written questions to the employee, the following shall apply:
1. If an NOI is being issued and there is no active questioning, representation is not
required.
2. The employee will have 72-hours excluding holidays and N-days to respond in
writing and provide any other material requested. This deadline may be extended
by mutual agreement if there are extenuating circumstances.
E. If the City elects to conduct an investigatory interview, the following shall apply:
Page 221
1. Prior to the employee being interviewed, the employee shall be advised of their
right to a representative.
2. The NOI form will be issued at the meeting.
3. The union representative may engage in meaningful representation, including but
not limited to assisting and consulting with the employee, attempting to clarify the
facts or questions asked, and suggesting other employees or witnesses who may
have knowledge of the underlying issues. The union representative cannot speak
on behalf of the employee or impede the progress of the interview.
4. The member or representative may ask for a caucus during the meeting. The
caucusing party will attempt to keep the caucus to reasonable timeframes.
5. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be
allowed to seek advice and counsel from their representative in caucus during the
interview.
6. The union representative may not behave in a violent, verbally abusive, insulting,
or demeaning manner toward the interviewer.
7. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement.
8. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement. Additional
time may be granted at the sole discretion of the department and will not be
withheld arbitrarily.
9. The employee will be provided with a copy of the interview notes and given 72
hours to confirm their answers and provide any additional information.
10. Except for emergency situations, the unit employees shall have a minimum of 48
hours to arrange for union representation when the member is the subject of an
administrative investigatory interview. The union representative will make every
reasonable attempt to arrive within the 48 hours. An employee may waive the 48-
hour time requirement if the employee is not opting for representation. Employees
will be provided with the NOI cover sheet (and attachment if applicable) listing the
allegations against the employee 48 hours in advance of the investigatory
interview, however, the NOI/interview questions will not be provided in advance.
F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:
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1. The employee will be instructed not to speak to anyone regarding an investigation.
This restriction does not apply to the union, the employee's family or clergy, the
investigator, or chain-of-command.
2. The employee will be advised if the inquiry is supervisor initiated or the result of a
citizen complaint, employee/co-worker complaint, or other.
3. The member shall also be informed that none of their statements, nor any
information or evidence which is gained by reason of such statements, can be
issued against them in any criminal proceedings.
4. A unit member shall receive a copy of any statement that they are asked to sign.
5. An employee under investigation will be notified in writing every 90 calendar days
as to the current status of the investigation. Every 30 days, an employee under
investigation may request a status update. At management's discretion, the status
will be provided either verbally or in writing. This will include a brief description of
the number of known witnesses still to be interviewed and other investigate
processes remaining to be completed, as well as an estimated date of completion.
G. Misc.
1. A unit member identified solely as a witness will not be prevented from reaching
out to the union on their own time to consult with a union representative prior to
their interview.
2. Only paperwork pertaining to any completed NOI investigation resolved as
sustained will be kept in an employee's personnel files.
3. If a Union Steward is requested by management to hold over or is called in from
home by a supervisor to represent an employee at meeting required by
management, the Union Steward will receive overtime compensation for actual
time held over or a minimum of 1 hour if called from home.
H. Unit employees will be permitted to apply and/or compete in a transfer process while
in a pending investigation. The transfer process will not be delayed pending the
conclusion of the related investigation.
I. The City will provide to the employee a copy of the Citywide completed accident
investigation and any other material the City plans to present at the Citywide Accident
Review Board hearing. This material will be supplied as quickly as possible after the
material has been prepared.
J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the employee's work shift in pursuit of benefits
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provided by this Article unless otherwise specified in this MOU. The employer shall
count as time worked any hours or fractions of hours spent within the employee's
regular work shift in pursuit of benefits provided by this Article.
K. Unit employees have the right to present their own grievance, in person or by legal
counsel.
1. Any Unit member covered hereunder or his representative designated on a written
form signed by the employee shall, on request and by appointment, be permitted
to examine his departmental personnel file, in the presence of an appropriate
supervisory official of the Department.
2. No Unit member shall have any adverse comments entered into a departmental
personnel file without the member being informed by a supervisor. The Unit
member shall be asked to date and sign such material solely as evidence of being
advised of its existence, not as indicating agreement. If the Unit member
requests, he shall receive a copy of the adverse comment.
3. Unit members may, at their discretion, attach rebuttal statements to any material
contained in their departmental personnel file, which may be adverse in nature.
The attachments must be no more than 4 pages.
L. The City will comply with provisions of A.R.S. Section 12-2506, paragraph D,
subparagraph 1, and assume responsibility for actions of any Unit II employee in a
legal proceeding for personal injury, property damage, or wrongful death, when it is
demonstrated that the employee was performing his regularly assigned duties without
malice or any degree of negligence.
M. Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee’s return to employment, if applicable):
Sustained discipline of a 40-hour suspension or greater discipline of the following
types:
• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift, or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13- 3102) at a City
worksite, unless such employee is a police officer. (A worksite includes not only
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City buildings and property, but also City vehicles and private vehicles while
being used on City business, and other assigned work locations.)
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or
the property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies.
• The employee committed a violation of the City’s Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
• The employee has committed a Class 3 violation of use of force (For
enforcement positions within the Police Department).
N. The City shall post on employee bulletin boards for employee review any new policies
and/or revision in City or written department policies and procedures affecting Unit II
employees and provide a copy to the Union. Notice shall remain posted for not
less than thirty (30) calendar days. Review of policy and procedure revisions shall be
included in employee meetings and shift briefings when appropriate and practical to
do so. The City will notify employees of new or revised written City or Department
policies affecting Unit employees as soon after release as possible.
Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).
O. A coaching is a verbal discussion with an employee. A coaching is not disciplinary
nor shall it be considered a first offense for purpose of progressive discipline.
Employees will be advised that they are receiving a coaching at the time it is given.
A written record of a coaching may be placed in the supervisor’s file for both positive
and negative incidents. An employee may receive more than one (1) coaching for a
similar matter.
A supervisory counseling is a verbal warning that the supervisor shall document in
memo form. A supervisory counseling is not discipline. They are to be used to
determine only notice to the employee.
If a supervisory counseling is to be used in any disciplinary or personnel action or
any performance rating, the employee will be given the supervisory counseling in
memo form, that identifies the behavior requiring improvement, the reason for the
improvement, and the consequences of continuing the unacceptable behavior. The
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memo will contain a line for the employee’s signature and above the line the
statement: “The employee shall date and sign the supervisory counseling, not as an
indication of agreement, but solely as evidence of being advised of its existence.”
The employee will receive a copy of the memo.
A supervisory counseling will only be retained in the supervisor’s file. It will not be
placed in the employee’s personnel file.
Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
in file.
Coachings/Supervisory Not maintained Not maintained
Remove annually
Counselings in file. in file.
provided no
further incidents.
Maintain copy in Maintain original
Maintain copy in
file. in file.
file.
Employee may Employee may
Written Reprimands Remove annually
request to request to
provided no
remove inactivate
further incidents.
after 3 years. after 3 years.
Maintain copy in Maintain original
file. in file.
Suspensions Employee may Employee may
Maintain copy in
(other than below) request to request to
file.
remove inactivate
Remove annually
after 10 years. after 10 years.
provided no
Maintain copy in Maintain original
Discipline as discussed further incidents.
file. in file.
in
Cannot Remove May not be
section 1-4.M.
inactivated
The official discipline record is maintained in the Personnel File. Copies maintained
in either the Supervisory and/or Department files are not the official record.
Employees may request to remove/inactivate eligible documents based on the
above criteria. Official records may only be inactivated and not removed.
If an employee receives a written reprimand during the rating period, the supervisor
will document the improvement required in the employee’s performance evaluation
without documenting the issuance of discipline.
The City continues to retain the format used for corrective action/discipline,
including forms, technology, etc.
P. If an employee is not given his/her PMG by the annual review date, the employee’s
merit increase will be processed within twenty-one (21) calendar days following the
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above due date and be retroactive to the PMG annual review date. (If PMG is an
overall “met”).
Employees will be notified of performance issues as they occur or are discovered.
Q. All unit members have the right to be treated in a manner which is fair and impartial
in any matter associated with the rights of unit members under specific terms of this
Memorandum of Understanding.
If a unit employee is suspended, it is understood that a suspension day is defined as
eight (8) hours. For employees working compressed workweek, the remaining hours
of the workday would be accounted at the sole discretion of management.
Section 1-5: Prohibition of Strike and Lockouts
A. The provisions of Section 2(17) and Section 13 of the Meet and Confer Ordinance
are expressly incorporated herein.
B. There shall be no "lockout" by the City during the term hereof.
Section 1-6: New Positions/Classifications
A. The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.
The parties agree to consult on the inclusion or exclusion of new classification(s) in
the bargaining unit and may thereafter refer any such matter, jointly or individually, to
the Phoenix Employment Relations Board (PERB) for appropriate action.
The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active positions
belonging to the Union. The Human Resources Department shall provide the Union
with an opportunity to meet with the person conducting the study prior to preparation
of any report or recommendations. The City shall notify the affected Union of the
results and recommendations resulting from any study 30 calendar days prior to that
study being presented to the Human Resources Committee. It should be noted that
there is no guarantee, either expressed or implied that changes to a classification or
its grade and salary range will result from a study.
The Union may submit a prioritized written request of classifications specific to the unit
that they wish to have studied. All written requests shall include a full explanation of
why the classification should be studied. This explanation shall indicate whether the
Union is requesting a full classification study (including job levels and job architecture)
or if the request is limited to a compensation review to assess market competitiveness
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and grade and salary levels. At least two requests by the Union shall be started by the
Human Resources Department in order of their ranking per contract year.
ARTICLE 2: Grievance/Arbitration/Labor Management
Section 2-1: Grievance Procedure
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The City shall count as time worked any hours or fractions of hours spent
within the employee's regular work shift in pursuit of benefits provided by this Article.
A. Informal Resolution
1. The parties agree that the first attempt to resolve employee complaints arising
under this M.O.U. will be an informal discussion between the employee and his
immediate non-unit supervisor only.
2. It is the responsibility of Unit members who believe that they have a bona fide
complaint concerning their working conditions to promptly inform and discuss it
with their immediate nonunit supervisor in order to, in good faith, endeavor to
clarify the matter expeditiously and informally at the employee-immediate
supervisor level.
3. If such informal discussion does not resolve the problem to the Unit member's
satisfaction, and if the complaint constitutes a grievance herein defined, the Unit
member may file a formal grievance in accordance with the following procedure.
B. Definition of Grievance
1. A "grievance" is a written allegation by a Unit employee, submitted as herein
specified, claiming violation(s) of the specific express terms of this Memorandum
for which there is no Civil Service or other specific method of review provided by
State or City law.
2. The City continues to retain the format used for the grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall
be null and void and will not be processed in accordance with this procedure.
C. Procedure
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In processing a formal grievance, the following procedure shall apply:
A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
Step 1
The unit employee shall reduce the grievance to writing by completing all parts of the
grievance form provided by the City, and submit it to the second line supervisor
designated by the City or City designee within fourteen (14) calendar days of the initial
commencement of the occurrence being grieved or when the employee had
reasonable cause to become aware of such occurrence. The City will assign a
grievance number within fourteen (14) calendar days. Either party may then request
that a meeting be held concerning the grievance or they may mutually agree that no
meeting be held.
The second line supervisor shall, within fourteen (14) calendar days of having received
the written grievance or such meeting, whichever is later, submit his response thereto
in writing to the Grievant and the Grievant’s representative, if any. The parties by
written mutual agreement may skip from Step 1 to Step 2 of the grievance procedure.
Step 2
If the written response of Step 1 does not result in resolution of the grievance, the
grievant may appeal the grievance by completing the City form and presenting it to
the second Step of review, the Department Head or his designee, within fourteen (14)
calendar days of the grievant’s receipt of the Step 1 response.
Either party may request that a meeting be held concerning the grievance or may
mutually agree that no meeting be held. Within fourteen (14) calendar days of having
received the written grievance or the meeting, whichever is later, the second level of
review shall submit his response to the grievance to the grievant and the grievant’s
representative, if any. The parties by written mutual agreement may skip from Step 2
to Step 3 of the grievance procedure.
Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee/Arbitrator,
the parties involved may mutually agree to submit the grievance to Labor Relations.
The grievance, as originally written and Step 1 and Step 2 responses, must be
submitted to Labor Relations within fourteen (14) calendar days of receipt of the
Step 2 response. Labor Relations shall, within fourteen (14) calendar days of the
receipt of the grievance, meet with the department head, or designees, and the
Grievant and the Grievant's representative, if any, in an attempt to resolve the
grievance. Labor Relations shall then submit a written response to all parties within
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fourteen (14) calendar days of the meeting.
Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
resolution of the grievance, the grievant and Union may, within fourteen (14)
calendar days of having received the Step 2 response, appeal the grievance by
completing the City form and presenting it to the Grievance Committee. The
Grievance Committee shall be composed of:
The Grievance Committee will consist of:
Chairman: A member of the City Manager's Office designated by the City
Manager.
Member: A mutually agreed upon neutral member.
Member: The President or the President's designee of another civilian
union/association, other than the Grievant’s, representing employees with the
City.
At the beginning of each contract year, the Union and the City will each select
five Department Directors to serve as Grievance Committee members. No
selected Department Director will serve as a committee member when the
grievance involves his/her department. Staff support to the Grievance Committee
will be provided by the Human Resources Department. The Labor Relations
Administrator and/or Department Director in Labor Relations will serve as an
advisor to the committee.
The Grievance Committee shall, within fourteen (14) calendar days of receipt of
the appeal, schedule a hearing regarding the grievance at which the grievant shall
be afforded the opportunity to fully present his position and to be represented. The
Grievance Committee shall, within fourteen (14) calendar days of the conclusion
of the hearing, make advisory recommendation on the grievance and submit it to
the City Manager for final determination for those employees who have elected to
use this procedure instead of arbitration.
The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.
b. In lieu of such hearing, the grievant and the Union may jointly invoke the
following procedure by submitting the written notice to the Labor Relations
Division within fourteen (14) calendar days of having received the Step 2
response. If the grievant and the Union so elect in writing within the above time
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limit, in lieu of such Grievance Committee hearing, the grievance may be
reviewed by an arbitrator.
The parties or their designated representatives shall agree on an arbitrator, and if
they are unable to agree on an arbitrator within a reasonable time, either party
may request the Federal Mediation and Conciliation Service to submit to them a
list of seven (7) arbitrators who have had experience in the public sector. The
parties shall, within fourteen (14) calendar days of the receipt of said list, select
the arbitrator by alternately striking names from the said list until one-name
remains. Such person shall then become the arbitrator. The arbitrator so selected
shall hold a hearing as expeditiously as possible at a time and place convenient
to the parties, and shall be bound by the following:
i. The arbitrator shall neither add to, detract from, nor modify the language of
the Memorandum or of Departmental rules and regulations in considering any
issue properly before him/her.
ii. The arbitrator shall be expressly confined him/her to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City Law.
The arbitrator shall submit his findings and advisory recommendations to the
grievant and the City Manager, or their designated representatives. The costs
of the arbitrator and any other mutually incurred costs shall be borne equally
by the parties. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.
D. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1, Section 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of the procedure. All
other grievances must be filed and signed by Unit employees subject to the
provisions of this Article.
E. Group Grievance
When more than one Unit employee claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be
filed in the name of all such employees. Such group grievances shall be filed at the
step of this procedure which provides the lowest level of common supervision
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having authority over all named grievants. Each Unit employee that is a party
grievant must be named and must sign such group grievance. The Union may sign
a group grievance on behalf of employees, however, in such instance, the grievance
must be amended within fourteen (14) days naming each Unit employee who is a
party grievant and containing his signature.
F. Time Limits
Failure of the City Management representatives to comply with time limits specified
in Section 2-1 C shall entitle the grievant to appeal to the next level of review; and
failure of the grievant to comply with said time limits shall constitute abandonment of
the grievance. Except, however, that the parties may extend time limits by mutual
written agreement in advance.
G. Notice to Union of Grievance Resolution
The City will put the Union on notice of proposed final resolutions of grievances
where the Union has not been designated as the grievant's representative for the
purpose of allowing the Union to ascertain that a final resolution will not be contrary
to the terms of this Memorandum.
The City will ensure that a copy of every M.O.U. grievance filed by a Unit member,
including the response from management, is forwarded to the Union at each step of
the process.
H. The City will not discriminate or retaliate against employees because of their
exercise of rights granted by this Article.
I. Employer grievances, should they occur as a result of official Union activities or
actions, including the failure to act as required under this agreement, will be
presented directly to the Union President or any Officer of the Union within fourteen
(14) calendar days of the occurrence prompting the grievance, or within fourteen
(14) calendar days of the date upon which the employer became aware of the
situation prompting the grievance. The President, or designee, shall, in each case,
provide a written answer within fourteen (14) calendar days from receipt of the
grievance
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3
herein; provided that the employer shall bear the cost of the services of the
arbitrator.
J. The Union and the City agree to meet at regular intervals (as defined in Article 2
Section 2-2 Labor/Management Committee) to find ways to improve the grievance
procedures.
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Section 2-2: Arbitration
A. Independent Arbitrator
Any Unit member who is a classified employee having completed the prescribed
probationary period who has received a disciplinary demotion, suspension, or
discharge, and has a right to appeal that disciplinary action pursuant to the Personnel
Rules, may under the provisions of this article request the Civil Service Board appoint
as a hearing officer an independent arbitrator selected pursuant to the procedures
described in Section 2-1 C below.
B. Appeal
The Union, on behalf of the employee, may request the selection of an independent
arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary
action. Such request must be made within fourteen (14) calendar days after the date
of service of notice of the order of suspension, demotion, or dismissal on him
personally, or twenty-one (21) calendar days from the date of mailing by certified mail
the notice of the order of suspension, demotion, or dismissal. The request must be
in writing and must state specific allegations in the discipline notice with which the
employee disagrees. The request must be personally delivered to the Board or
deposited in the United States mail, certified return receipt requested, postage
prepaid, addressed to the office of the Civil Service Board, within the above-stated
time.
The Union, on behalf of the employee, shall also immediately thereafter file copies
thereof with the complainant department head and the City Attorney. At the time the
Union files the request for hearing, it shall set forth whether the hearing will be public
or private.
C. Selection of Arbitrator
If the request for an independent arbitrator to be appointed as a hearing officer is
approved by the Civil Service Board, the Labor Relations Administrator or his
designated representative on behalf of the City and the Union president or his
designated representative on behalf of the employee shall agree on an independent
arbitrator within ten (10) calendar days after approval and appointment by the Board
of the appeal request. If an agreement on an independent arbitrator cannot be
reached within said ten (10) calendar days, either party may request that the Federal
Mediation and Conciliation Service (FMCS) or the American Arbitration Association
(AAA) provide a list with the names of seven (7) arbitrators with public sector
experience. In requesting such lists, the parties shall stipulate that arbitrators should
be from within Arizona.
The parties shall, within seven (7) calendar days of the receipt of the list, select the
arbitrator by striking names alternately until one-name remains. The remaining name
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shall be designated as the independent arbitrator appointed by the Civil Service
Board as the hearing officer for the appeal. The parties shall jointly communicate with
the chosen arbitrator to advise him of the appointment.
In the event that the chosen arbitrator is unable to accept the appointment as hearing
officer, the parties shall either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
independent arbitrator from the original list. The independent arbitrator chosen shall
be designated as the hearing officer appointed by the Civil Service Board for the
appeal.
D. Time for Hearing
When possible the hearing date shall be set within thirty (30) calendar days from the
request. Delays may be granted by mutual agreement of the parties. However, any
such delay occurring at the request of the Union, shall automatically be excluded from
any calculations of back pay to the employees, if any, as determined by the Civil
Service Board.
E. Hearing Procedures
The hearing procedures will be the same as the procedures set forth in Rule 22d,
Personnel Rules of the City of Phoenix. In the conduct of the hearing, the hearing
officer shall not be bound by the technical rules of evidence, nor shall informality in
any of the proceedings or in the manner of taking testimony invalidate any order,
decision, rule, or regulation made or approved by the Civil Service Board.
F. Witnesses
An employee appellant, or an employee subpoenaed as a witness, shall be granted
a leave of absence from his/her regularly assigned duties during his/her regularly
assigned work hours without loss of pay for the time.
At the request of either party, the arbitrator shall order that any witness who will testify
during the hearing be excluded from the hearing room until such time as they testify.
The City and the Union may exclude from the operation of this provision one
representative each of the City and the local Union.
G. Proposed Findings; Objections to Report
Either party may file with the hearing officer written proposed findings of fact and
conclusions within seven (7) calendar days of the conclusion of the hearing. A copy
of such proposed findings and conclusions shall be served on the other party at the
same time as filing with the hearing officer.
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No later than two (2) calendar days before the Civil Service Board meeting where the
appeal has been scheduled for hearing either party may file with the Civil Service
Board written objections to the hearing officer's report. A copy of such objections
shall be served on the other party at the same time as filing with the Civil Service
Board. No post-hearing evidence shall be submitted.
H. Requirements
The independent arbitrator selected by the parties and appointed by the Civil Service
Board pursuant to this article shall be bound by the following:
1. The independent arbitrator shall neither add to, detract from, nor modify the
language of this Memorandum of Understanding.
2. The independent arbitrator shall be expressly confined to the precise issues
submitted and shall have no authority to consider any other issue.
3. The independent arbitrator shall be bound by applicable Federal, State, and City
laws.
I. Report
Within two (2) weeks of the conclusion of the hearing, the hearing officer shall forward
all records and the report containing a statement of the findings of fact, conclusions,
and recommendations concerning the appeal to the Civil Service Board and send a
copy of the report to the parties. The hearing officer may recommend to the Civil
Service Board the discipline be upheld or modified, or rescinded pursuant to
Personnel Rule 22 (e).
J. Costs
The cost of the independent arbitrator and other costs related to obtaining said
arbitrator shall be borne equally by the parties. Each party will be responsible for its
own costs incurred in the hearing process, including but not limited to costs for legal
services, service of subpoenas, and expert witnesses.
K. Civil Service Board
It is expressly understood that this article shall not impinge on the powers and duties
of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City
Charter and Rule 22, Personnel Rules of the City of Phoenix.
L. Representation
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The parties agree that for the purpose of this article the City will be represented by
the Labor Relations Administrator for the City of Phoenix or designee and the
employee will be represented by the President of AFSCME, Local 2384 or designee.
Section 2-3: Labor-Management Committee
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.
A. There shall be a Labor-Management Committee consisting of representatives of the
Union and representatives of the City. The purpose of the Committee is to facilitate
improved labor-management relationships by providing a forum for the free
discussion of mutual concerns and to attempt to resolve problems brought to its
attention. Participants will agree to meet quarterly.
B. During the term of this M.O.U., the Union and the City shall establish an
Apprenticeship Labor Management Committee. The Apprenticeship Labor
Management Committee shall be comprised of a maximum of five (5) persons each
from Labor and from Management.
C. The Committee shall meet monthly or at other mutually scheduled times.
D. The members shall, upon request for a meeting, provide the Chairman with proposed
agenda items, and the Chairman shall provide the members with the meeting agenda
in advance of the meeting.
E. The Union shall be advised of management recommendations for contracting of work
presently being performed by Unit employees which would directly result in a
reduction in the number of permanent Unit positions during the term of this
agreement. The Union may request an opportunity to discuss these
recommendations in the Labor-Management Committee prior to any final
recommendation to the City Council. Failure by the City to notify the Union under this
Article may be subject to the Grievance Procedure of this Memorandum.
The Management recommendations, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2 Section 2-1) of this Memorandum.
F. Any signed/dated written Labor/Management agreements with the signatures of both
parties and the Chairperson will be binding on the parties for the remaining term of
this M.O.U.
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Section 2-4: Health and Safety Committee
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.
A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.
The City will continue its practice of providing personal protective equipment to
protect employees from recognized safety and health hazards, this includes voucher
for boots on an as needed basis.
A Unit employee may file, without fear of discipline, retaliation, or discrimination, a
grievance (Article 2 Section 2-1) when, in his best judgment, the City has failed to
comply with specific safety and health standards promulgated by local, state, and
federal regulations.
B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This committee shall be composed of two (2) Unit
employees appointed by the Union and two (2) City representatives as designated
by the City Manager. The chair shall rotate among the members.
C. The committee shall meet quarterly or at other mutually scheduled times to consider
on-the-job safety matters referred to it by the existing departmental safety committees
and safety officers, or otherwise coming to its attention, and shall advise Department
Heads and the City Manager concerning on-the-job safety and health matters.
All written recommendations of the committee shall be submitted to the Department
Head concerned and to the City Manager.
D. In the discharge of its function, the committee shall be guided by the applicable
regulations of the State's OSHA agency, and the City's existing practices and rules
relating to safety and health, and formulate suggested changes.
E. Employee members of the committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time. Union members assigned to the Health
and Safety Committee shall be permitted to attend Department Health and Safety
Committee meetings.
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ARTICLE 3: Compensation/Wages
Various sections of this M.O.U. contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit member have been negotiated in place of a
direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.
Section 3-1: Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This
will be paid as follows:
1. A 5.55% base wage increase, effective the first full pay period in July 2023.
B. Additionally, Unit 2 employees will receive a non-continuous payment equal to
the economic value of 5.0% of their base wage to be paid out on the first full pay
period in August of 2023.
C. The City will complete a classification and compensation study before
December 31, 2023.
The City will evaluate the American Rescue Plan Act and will provide a (non-specified)
percentage of premium pay as allowed by the legislation and deemed appropriate by
the City Council, balancing the needs of the community and employees in their
development of a strategic plan for the ARPA funds. The strategic plan will follow
guidelines provided by the Department of Treasury. This language will expire at the
conclusion of the 2021-2023 MOU.
D. If the City projects a General Fund surplus for Fiscal Year 2018-2019 in the five-year
forecast that is presented to City Council in February 2018, the parties will Meet and
Confer in February 2018.
E. Licensed Pesticide Applicators shall receive fifty ($.50) in addition to their base hourly
rate for each hour engaged in assigned and authorized activities when applying,
mixing, or managing herbicide or pesticides. This compensation includes any
preparation and maintenance of application equipment.
F. Unit II Employees required by the City to maintain a Commercial Drivers License
(CDL) as a secondary part of their regular position duties shall receive twenty cents
($.20) in addition to their base hourly rate. This pay is not applicable to all positions in
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classifications which hold CDLs, nor is it applicable to positions in classification in
which driving is a primary function of the position.
G. It is understood that for implementation purposes, the practice of rounding off
fractional cents shall be done in accordance with universally accepted mathematical
and accounting principles.
H. The term "Pay Schedule" shall mean the schedule computed and published by the
Human Resources Department for payroll purposes.
Unpaid “Floating” Holidays
Unpaid “floating” holidays must be designated and approved by their supervisor by
August 1 of each fiscal year. If not all unpaid “floating” holidays are designated by the
deadline, the holidays will be designated by the department by September 1. The
unpaid “floating” holiday furlough may be taken in at least a one (1) hour increment.
Per state law, New Year’s Day, Independence Day, Labor Day, Thanksgiving, and
Christmas must be paid holiday; and therefore, cannot be designated unpaid
“floating” holidays.
Administration and approval of unpaid “floating” holidays are not subject to the
grievance procedure.
The unpaid holiday requirement will be phased out by Year Two of the 2016-19 MOU.
Section 3-1A: Productivity Enhancement Pay
Productivity Enhancement Pay
In recognition of continuous service and overall performance, the City agrees to the
following Productivity Enhancement pay formula for Unit II employees.
A. Pay Benefit:
In November of each calendar year, and June of each calendar year, unit members
who have completed at least six (6) years of continuous full-time service and who
meet the additional qualifications specified in this section shall qualify for one hundred
and three dollars ($103.00) for the completion of each year of continuous full-time
service in excess of five (5) years, up to an annual maximum of three thousand five
hundred and two dollars ($3,502) at the completion of 22 years of continuous full time
service.
In November of each calendar year, and June of each calendar year, unit members
who have completed twenty three (23) years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for
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one hundred thirty-eight dollars and eighty-nine cents ($138.89) for the completion of
each year of continuous full-time service in excess of five (5) years, up to annual
maximum of six thousand one hundred twelve dollars ($6,112) at the completion of
twenty-seven (27) years.
B. Qualifications:
1. An employee must have completed at least one year of continuous full-time
service at the top step in his classification.
Qualifications for Productivity Enhancement pay are made in the base class and
will not be affected by movement into or out of assignment positions. As well,
Productivity Enhancement pay will not be affected by movement to positions
within the same pay range.
When a position is reclassified to a higher classification, or when a classification
is assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which
corresponds to the closest to their combined base pay and previous Productivity
Enhancement amount (incumbent’s annualized payment), and which does not
result in a decrease from that amount. The placement in the new range will be
limited to the maximum step in the range. If the reclassification or pay range
change results in only a maximum possible one-range increase and the
incumbent is receiving Productivity Enhancement pay, he/she will be moved to
the top step and continue to be eligible for Productivity Enhancement pay.
2. An employee must have completed six (6) years of continuous full-time service.
3. An employee must have received an overall performance rating of “Met” on his
latest scheduled performance evaluation on file at the time of the qualifying date.
4. An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the employee returns to active employment.
C. Terms of Payment:
1. The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit member’s regular paycheck.
Section 3-2: Overtime
A. Overtime is defined as time assigned and worked beyond the regularly scheduled
workweek or daily work shift; it being understood that overtime for Unit members who
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normally work a daily work shift of eight (8) consecutive hours, including a paid meal
period on the job, is defined as time assigned and worked in excess of forty (40)
hours in a seven (7) day work period, or eight (8) hours per daily shift including paid
meal periods. In addition, when an employee is assigned and works two (2) eight (8)
hour shifts, and/or two (2) ten (10) hour shifts, or any combination of the two shifts,
the second of which commences less than twelve (12) hours after the regularly
scheduled conclusion of the first, that amount of time falling within said twelve (12)
hour period is deemed overtime for purposes of Section 3-2 D below, except,
however, that such twelve (12) hour rule does not apply to regular shift change
situations, relief positions, and positions in the classification of Event Services Worker
at the Phoenix Convention Center. The twelve (12) hour rule also does not apply if
an employee works less than a full shift either before or after his/her regular shift.
B. For the 2019 – 2021 M.O.U. contract, except for paid sick leave, all duly authorized
paid leave time shall be considered as time worked for the purposes of the regularly
scheduled workweek (but not daily work shift). Paid sick leave shall not be considered
as time worked for the purpose of calculating overtime for the regularly scheduled
workweek.
The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.
C. Overtime shall be worked and shall be allowed if assigned by the non-Unit supervisor
or other authorized representative of the City.
D. Overtime work will be compensated at one and one-half (1 1/2) times the regular rate,
which will be computed in accordance with provisions of the Fair Labor Standards
Act. Such payment will commence after the first seven (7) minutes.
E. In lieu of cash payment, a Unit member may request compensatory time credits up
to a maximum accumulation of two hundred and fifteen (215) hours. Authorized
overtime hours worked in excess of the maximum accumulation shall be paid in cash.
The request for compensatory time credit must be made at the time the overtime is
worked. The Department Head shall make the final determination on the method of
payment (either cash or compensatory time). Use of compensatory time off shall be
subject to departmental approval and scheduling.
F. Compensatory Time Conversion
Effective July 1, 2018, a unit member may convert accumulated compensatory time
credits to cash twice per M.O.U. year, up to a maximum of seventy (70) hours by
notifying the Department Head in writing of such intent either July and/or November.
Payment will be made on or before August 31 or November 30.
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G. The City shall endeavor to distribute the opportunity for non-standby overtime equally
between employees or crews of employees within the same classification and work
location.
Records of overtime worked by employees shall be provided to the designated Union
Steward, to be posted on a quarterly basis on Union bulletin boards. In areas where
no Steward is available, the list will be sent electronically to the Union Hall general
email address: afscme2384@afscme2384.com. In addition, records of overtime
worked by Unit members shall be made available for inspection by an authorized
representative of the Union upon advance request and at reasonable times.
H. Overtime shall be voluntary, except however, the City reserves the right to assign
overtime in the event insufficient employees volunteer, or to avoid inadequate
staffing, or to ensure service delivery, or to conduct mandatory training.
I. Where a ten (10) hour, four (4) day workweek schedule is implemented, overtime is
defined as time assigned and worked beyond ten (10) hours a day or forty (40) hours
a week.
Section 3-2A: Call Out Pay
The eight (8) hour period before the start of a Unit employee’s regular shift is to be called
“rest time.” If an employee is called out during this time, the employee shall be allowed to
adjust their work hours up to 4 hours (flex time) to allow the employee to have proper rest
before the start of the employee’s shift, whenever possible at the supervisor’s discretion.
Example: An employee starts at 6 am, and is allowed to start at up to 10 am to 8 pm.
An employee shall have a minimum of three (3) hours’ pay at overtime rates when called
out for work after going home from a shift, or when called out for overtime work while on
standby pay.
Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate forty-five (45) minutes after being relieved from
duty. These forty-five (45) minutes travel time shall be included in the minimum guarantee
and shall be paid only if the total work and allowed travel time exceed the minimum.
Travel time shall not apply when the employee is working on overtime which was planned
in advance. An employee requested to report early, before the normal starting time of the
shift, shall not be eligible for travel time, but would qualify for overtime for the extra time
worked.
Provisions of this section shall be interpreted in a manner which complies with the Fair
Labor Standards Act.
Remote Access Support
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Employees on Stand by called to perform work by remote access, such as VPN, shall
receive a minimum of thirty (30) minutes pay at the overtime rate or the actual amount of
time expended, whichever is greater. Remote access overtime shall be paid even when
more than one call out is made provided these calls are separated by more than thirty
(30) minutes. Calls placed closer than thirty (30) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.
Telephone Support
Employees on Stand by called to perform work by means of telephone support shall
receive fifteen (15) minutes pay at the overtime rate or the actual amount of time
expended whichever is greater. Telephone support overtime shall be paid even when
more than one call out is made provided these calls are separated by more than fifteen
(15) minutes. Calls placed closer than fifteen (15) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.
Section 3-3: Out-of-Class Pay
A Unit employee who is temporarily required to serve in a regular authorized position in
a higher classification shall be compensated at a higher rate of pay in accordance with
the following:
A. To be eligible for the additional compensation, the Unit employee must first
accumulate ten (10) regular working shifts of assignment in the higher class within
any twenty-four (24) month period. Satisfactory performance during a previous
appointment to the higher class will be credited to the qualifying period. The days of
out-of-class will be credited to the qualifying period. The days of out-of-class
assignment need not be consecutive. Once this qualification is satisfied, no
additional re-qualification will be required. In addition, out-of-class credit shall be
given for out-of-class work for five (5) hours work for a ten (10) hour shift and for four
(4) hours work for an eight (8) hour shift.
B. Temporary assignments out-of-class shall be recorded only in full shift units. A Unit
employee working out-of-class for five (5) hours for a ten (10) hour shift or four (4)
hours for an eight (8) hour shift shall be credited with working out-of-class for the
entire shift.
C. To qualify for out-of-class pay, a Unit employee must be given the assignment in
writing by a non-Unit supervisor or other authorized management representative of
the City.
D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class. Such time, however, shall be
submitted by the employee as creditable experience in promotional examinations for
the higher class.
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E. A Unit member who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift
served in the higher class. In the event of overlapping Unit salary ranges, a minimum
one-step differential shall be paid for out-of-class assignments into Unit
classifications. The higher rate of pay shall be used in computing overtime when
authorized overtime is served in out-of-class work assignments. The overtime rate
shall be the rate established by the overtime regulations that apply to the higher
classification.
Section 3-4: Sick Leave Conversion at Retirement
A. Sick Leave Cash Out Formula
Effective July 8, 2002, the following benefits shall apply:
Upon retirement, bargaining Unit employees with a minimum of 750 hours of accrued
and unused sick leave, excluding the first 250 hours, will be paid for 25% of the
remaining hours as base hourly wage.
Additional language of this Section 3-4 is contained in Attachments B and C.
Section 3-4A: Sick Leave Payout
All accumulated sick leave hours on the city's official file at the time of the member's death
will be paid. Payment will be based upon the member's base hourly rate at the time of
death.
Section 3-5: Shift Differential Pay
Unit employees shall receive ninety cents ($0.90) per hour in addition to their regular rate
of pay when working a night shift which ends at or after 9:00 p.m., and before midnight,
and one dollar and twenty-five cents ($1.25) per hour in addition to their regular rate of
pay when working a night shift which includes work during the period after midnight to
4:00 a.m.
Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.
Shift premium pay shall continue to be paid at the rate of the regular shift for any additional
hours worked following the regular shift. Effective July 1, 1999, night shift premium pay
applies to regular part-time employees.
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Section 3-5A: Weekend Shift Differential Pay
Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.
Effective July 10, 2006, a Unit member shall receive forty cents ($0.40) per hour in
addition to his base hourly rate of pay and any other shift differential or any other premium
pay he may be receiving for working a weekend shift. A designated weekend shift is
defined as any shift that starts on or after 2:00 p.m., on Friday, and continuing through
any shift that starts on or before, but not after 11:59 p.m., on Sunday.
A Unit member shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.
A Unit member who is called out and works between 2:00 p.m., on Friday and 11:59 p.m.,
on Sunday, will be paid weekend shift differential for all hours worked at the rate specified
in this article. If a Unit member was called out while on stand-by status, he will not receive
weekend shift differential.
Section 3-6: Stand-By Pay
When a Unit member is required to be available for call-out outside the employee's regular
work schedule, the member shall be compensated for such assigned stand-by hours at
two dollars ($2.00) per hour. Starting in the first pay period in July 2007, stand by pay
shall increase to two dollars and fifty cents ($2.50) per hour. Employees serving in stand-
by assignments shall be subject to contact requirements as provided for by the
Department Head.
Section 3-7: Show-Up Time
Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself for work as scheduled, shall be paid for at
least four (4) hours at the applicable rate of pay. If work on the employee's regular job is
not available for reasons beyond his control, the City may assign the employee substitute
work. In the event scheduled work is interrupted due to conditions beyond the City's
control and substitute work is not available to be assigned, affected employees shall be
paid for four (4) hours at the regular rate of pay, beginning at release, or to the end of the
scheduled work shift, whichever occurs first.
Except in emergencies, an employee who is scheduled to report to work for overtime, has
not been notified to the contrary, and presents himself for work as scheduled shall be paid
for at least four (4) hours at the applicable rate of pay. An employee who is entitled to
four (4) hours of pay due to cancellation in whole or in part of their shift will not receive
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pay for travel time to and from the worksite for this shift. Employees are not entitled to
submit vacation or compensation time for the remainder of an overtime shift.
An employee will only be paid at the overtime rate for hours “actually worked” and will be
paid at the otherwise applicable rate of pay for the remainder of the four (4) hours.
“Actually worked” is defined as the time the employee is scheduled and available to
perform work or performing job duties, prior to being released by a supervisor because
that work has ended.
Employees released hereunder prior to the end of their scheduled shift may be required
to stand by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-6, "Stand-By Pay" hereof). An employee shall have the option of using either
vacation time or compensatory time for the balance of his regular shift. Employees called
back to work shall be entitled to their regular pay only and not any premium for work
performed during the balance of their regularly scheduled shift.
Section 3-8: Jury Duty
A Unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence from municipal duties without loss of pay for the time actually
required for such service and reasonable travel time and shall, if he chooses, retain jury
or witness pay, except where such testimony or witness duty is the result of an employee's
official duties as a City employee.
To be eligible for paid leave for jury or witness duty, an employee must present verification
of his call to jury duty or witness duty.
Paid witness leave shall not be allowed when the Unit employee is the defendant or
plaintiff in a court action.
Section 3-9: Deferred Compensation Program
The City will contribute 3.62% of the base wage to a 401(a) Deferred Compensation
Plan (DCP) for each Unit employee for each year.
ARTICLE 4: Hours of Work/Working Conditions
Section 4-1: Hours of Work
A. This Article is intended to define the normal hours of work and to provide the basis
for calculation and payment of overtime pursuant to Article 3, Section 3-2.
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The City, in collaboration with the Union, may experiment with flextime schedules
when the following conditions are met:
a. Approval of Department Head
b. Approval of Union President
c. Mutually agreed schedule between Unit Member and Supervisor
d. Signed Wavier
B. The work week shall only consist of a schedule of consecutive work days in a seven
(7) calendar day pre-established work period, except in the Equipment Management
Division of Public Works Department. Any changes to the consecutive workday
schedule will be made by mutual agreement between AFSCME 2384 and the City on
the 4 day, 10 hour work shift.
C. Within a five (5) day work schedule, the work day will consist of eight (8) hours of
work within any twenty-four (24) hours in a pre-established work schedule, excluding
relief positions. Within a four (4) day work schedule, the work day will consist of ten
(10) hours of work within any twenty-four (24) hours in a pre-established work
schedule, excluding relief positions.
The City and the Union recognize that no regularly scheduled shift lengths, other than
those outlined in Article 4, shall be observed in Field Unit II.
D. Relief Crews
At the 9lst Avenue and 23rd Avenue Wastewater Treatment Plants, there may be one
(1), but no more than one (1), relief crew per plant as determined by management.
E. Permanent regular work schedules showing the employees' shifts, workdays, and
hours shall be posted on appropriate department bulletin boards.
F. When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the affected employees and the Union Hall, not less than fourteen (14)
calendar days in advance and will notify the Union of such changes, prior to actual
implementation.
In emergency situations, temporary work schedules may be adopted without the
fourteen (14) calendar days notice to the affected employees. "Emergency" shall
mean unforeseen operational circumstances.
Employees have the option to waive their fourteen (14) calendar day notice and begin
their new schedule with the City and Union's written approval.
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G. Summer hours shall begin no later than the last Monday in April and shall terminate
no earlier than the second Monday in September whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier in the year than specified in
this section, or terminated later in the year than specified in this section.
H. The City may implement ten (10) hours per day, four (4) days per week work
schedules when it is determined by the City that such scheduling is beneficial to City
operations.
Section 4-2: Rest and Lunch Periods
Scheduled work shifts shall include meal periods to be observed as follows:
5 DAY WORK WEEK MEAL PERIOD
8 hours Under normal conditions, no less than 30 minutes on
the job, paid at straight time.
8-1/2 hours No less than 30 minutes, unpaid.
9 hours No less than 60 minutes, unpaid.
4 DAY WORK WEEK MEAL PERIOD
10 hours Under normal conditions, no less than 30 minutes on
the job, paid at straight time.
10 1/2 hours No less than 30 minutes, unpaid.
11 hours No less than 60 minutes, unpaid.
Two (2) non-work periods of fifteen (15) minutes during the above scheduled work shifts
shall be permitted to promote the health, safety, and efficiency of employees on the job.
Activities of employees during those non-work periods shall not be subject to any
unreasonable restrictions.
When work demands permit, with a supervisor’s approval, a Unit member may combine
their thirty (30) minute meal period with one of his fifteen (15) minute rest periods to
achieve a forty-five (45) minute meal period. This paid leave time counts as hours worked.
When a unit member works overtime of two (2) hours or more in addition to their daily
work shift, they shall be entitled to an additional fifteen (15) minute break. Every additional
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two (2) hours of overtime will entitle an employee to an additional fifteen (15) minute
break.
After four (4) consecutive hours of overtime, a unit member shall be entitled to a paid
meal break of thirty (30) minutes, but in no event shall a unit member be entitled to more
than one such break for every eight (8) consecutive hours of overtime.
Employees shall be allowed reasonable time, as necessary, for personal clean up prior
to the commencement of the lunch and break periods.
Section 4-3: Clean-Up Time
Unit employees will be given time, in keeping with past practice, at the end of a normal
daily shift for personal clean up. Such time is in addition to and exclusive of any time the
City requires be spent for maintaining equipment.
Section 4-4: Seniority
A. The City shall provide the Union with a list of Unit members showing each Unit
member’s City employment date and class employment date.
B. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.
C. Seniority shall be used as a factor consistent with established Civil Service
procedures in choice of training, work assignments, vacation schedules, and in the
determination of layoffs.
Section 4-5: Bump/Bid Procedure Equipment Management Division
Policy: To provide an equitable system for employee selection of shift, days off, and area
location, the Union and the City recommend that departments considering the
implementation of a bump/bid policy for a designated group of Unit II employees use this
article as a guideline in the development of their policy.
A. General Guidelines
1. Annual Bump/Bid
There will be a full Bump/Bid each fiscal year, in December, which will become
effective the first pay period in January.
2. Interim Bump/Bid
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A layoff, a transfer of a vacant position number to another shift or shop, the
addition of a permanent position number, a promotion, demotion, dismissal,
resignation, or retirement will be filled subject to the in-class Bump/Bid. This
means that any time positions become vacant within a particular classification, an
open sign-up will be held. Vacant positions will be filled according to the seniority
ranking of interested employees within a class.
3. Exceptions
a. The specialties listed below will be exempt from the general Bump/Bid
procedure. Employees in these specialties will Bump/Bid only within their
specialty and/or section.
1) Motorcycle Mechanics
2) Heavy Equipment Mechanics in the following assignments:
-Fire shop
-Off-road equipment
-Aerial equipment
-91st Ave. Treatment Plant
-Landfills
3) Police substations-
-Auto Technicians (master)
-Fire Shop Auto Technicians
-Equipment Service Worker II
4) Leads
5) Temporary, new hire and promoted employees*
6) Rovers
7) Make-ready shop (all personnel)
8) Service writers
9) Auto Parts Clerk III (annual bump for this class will be effective after the
physical inventory each year).
10) Engine diagnostic specialist
11) Auto Mechanic at the 91st Ave. Treatment Plant
* Management reserves the right to place new employees on any shift and location
for a six (6) month period for training and evaluation purposes. These employees
become subject to the Bump/Bid procedure upon completion of six (6) months’
employment. The day after the due date shown on their six (6) month
performance rating will be the effective date.
At the end of the six (6) months, the position occupied by the temporary, new, or
promoted employee will become available to the most senior employee who has
signed up within the class. The two employees will then "switch" positions until
the next Bump/Bid.
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b. Positions of employees who have been on long-term industrial leave or light
duty, or personal illness, for at least one hundred (100) days, at the time of the
annual bump/bid will be excluded from the process. Upon return to regular,
full-time employment, management will assign the employee to an available
shift and location until the next Bump/Bid. Employees must return to work
seven (7) days prior to the original bump/bid posting to be included in the
bump/bid.
4. Annual Bump/Bid Completion
All personnel shall be frozen into the position selected, except to bid for openings
created as outlined in Section 4-5 A (2) "Interim Bump/Bid."
5. Delegation of Authority
Employees may delegate/select a representative to participate in the bump/bid in
their absence. This may be done by completing a proxy form and presenting it at
the designated sign-up time. This form must be signed by the delegating
employee and the employee performing the selection. The actual Bump/Bid Sign-
up Sheet will be annotated by the employee's representative printing the
employee's last name and initialing the entry. The Proxy form will be created in
Labor Management with the City and Unit II in efforts to create one universal
document. The Labor Management committee will also identify procedures of
distribution, request process, process to submit, deadlines and any other
concerns regarding this form.
6. Official Notification
The annual bump/bid will be posted, in its entirety, for a minimum of fourteen (14)
calendar days prior to the official sign-up date. A copy of the document will be
posted at all Equipment Management Division Facilities.
B. Seniority
Seniority within classification will be the principal factor for bumping and/or bidding.
1. Determination of Seniority
Seniority constitutes length of certified status within a class of the City service.
When two or more employees have the same length of time in the class, the
employee with the longest certified City employment time shall be senior. If a tie
still exists, the employee with the least amount of leave of absence without pay
(excluding leave of absence due to sickness, injury, or military service) shall have
the greater amount of seniority.
2. Dispute Resolution of Seniority
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Any disputes concerning the calculation of seniority length will be resolved by the
Public Works Department Human Resources Officer using the guidelines
identified in the above "Determination of Seniority."
ARTICLE 5: Benefits
Section 5-1: Health Insurance and Employee Assistance
The City will continue to offer health insurance plans for Unit members.
A. Medical and Dental Insurance
1. Effective August 1, 2004, the City and the Union agree to maintain the current
split for the health insurance monthly contribution for both single and family
coverage. If there is a rate increase or decrease, the City will pay 80% of the new
monthly contribution and the employee will pay 20%.
2. It is understood between the City and the Union that any changes in health
insurance benefits or rates shall be effective on or about January 1, and that the
City's monthly contributions will not, under any circumstances, exceed the actual
premium cost.
B. Employee Assistance Program
The City will continue the Employee Assistance Program, which will provide
confidential individual and family counseling to all Unit employees and their eligible
dependents. These services will be furnished by an independent contract agency to
be chosen by the City.
C. The City agrees to the continuation of a Health Insurance Advisory Committee for the
purpose of studying existing plans and to explore alternative plans. The Committee
shall include representatives of the City and Local 2384.
D. The $150 monthly allowance for Post Employment Health Plan accounts (PEHP)
continues for all qualifying employees eligible to retire after August 1, 2022. (The date
of an individual’s retirement eligibility was determined on August 1, 2007).
Section 5-2: Dental Insurance
The current dental split will also remain the same. If there is a rate increase or decrease,
the City will pay 100% of the new monthly contribution for single coverage. If there is a
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rate increase or decrease, the City will pay 75% of the new monthly contribution, and the
employee will pay 25% for family dental coverage.
The City agrees to contribute 100% of the cost to provide dental insurance for employees
enrolled in the base HMO or PPO plan for single employee coverage, and 75% of the
cost for family coverage.
The City agrees to retain the dental insurance plan for Unit members and their qualified
dependents. The plan shall consist of eighty percent (80%) payment of reasonable and
customary charges covered for preventive and diagnostic services, basic services, and
major services. The Plan shall also include an orthodontia benefit providing for eighty
percent (80%) payment of reasonable and customary charges up to a maximum lifetime
benefit of four thousand dollars ($4,000) per person. This plan is subject to the
deductibles and limitations contained in the contract between the dental insurance carrier
and the City of Phoenix.
Section 5-3: Life Insurance
The City will provide at no cost to Unit employees off-the-job and on-the-job life and
dismemberment insurance with a face value equivalent to the employee's annual base
salary rounded up to the next one thousand dollars ($1,000.00) or twenty-five thousand
dollars ($25,000.00), whichever is greater; in addition, the City will also provide death in
the line of duty insurance with a face value of seventy-five thousand dollars ($75,000.00).
It is understood between the City and the Union that any change in life insurance benefits
shall be effective on or about January 1. The designated beneficiary of a Unit member
will be paid for all accumulated sick leave hours that remain on the City's official file at the
time of a line-of-duty death of the Unit member, and payment will be based upon the Unit
member's base hourly rate of pay at the time of death. The beneficiary shall be that
person designated on the Employee Declaration of Beneficiary card for the City of
Phoenix Group Life Insurance Program on file in the City Human Resources Department.
Additionally, the City will provide to each Unit member a $200,000 death benefit covering
the Unit member’s commutation to and from his City work location. This policy will be
consistent with the policy negotiated in 1997 with CIGNA Group Insurance, and will cover
the Unit member commute for up to two hours before his shift begins, and two hours after
his shift concludes. The Union will only pay the cost of this benefit the first year of the
M.O.U.
In the event of the death of a Unit member while commuting to or from his work location,
for a period of two hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. This policy will be
consistent with the terms of the 1997 agreement between the City of Phoenix and CIGNA
Group Insurance, for the payment of a supplementary commutation life insurance policy
for each Unit member. The Union will pay the cost of this benefit, if any, the first year of
each new M.O.U. period.
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Section 5-4: Long-Term Disability Insurance
Pursuant to A.R. 2.323, the City will offer a long term disability benefit for all regular full-
time unit members. The City may revise the A.R., provided, however, that such revisions
shall not conflict with the express provisions of the M.O.U. Employees who have been
continuously employed and working on a full-time basis for twelve (12) consecutive
months are eligible for long term disability coverage. After an established ninety (90)
calendar day qualifying period, the plan will provide up to 66 2/3% of the employee's basic
monthly salary at the time disability occurs and continue up to age seventy-five (75) for
employees who have been employed full-time for 36 months and one day. This benefit
will be coordinated with leave payments, industrial insurance payments, unemployment
compensation, social security benefits, and disability provisions of the retirement plan.
Unit II members must apply to activate this benefit.
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than thirty (30)
months. Unit II members must apply to activate this benefit.
Section 5-5: Holidays and Vacation Leave
A. Employees, except those on hourly paid status, shall, when possible, without
disrupting the various municipal services, be allowed the paid holidays listed below:
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Cesar Chavez’s Birthday March 31
Memorial Day Last Monday in May
Juneteenth Day June 19
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Thanksgiving Day Friday after Thanksgiving Day
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Christmas Eve Four (4) hours on December 24
Christmas Day December 25
24 Personal Leave Hours After completion of six (6)
months' service
1. Personal leave hours are added to an employee’s vacation leave bank to be used
as such.
2. When a holiday named herein falls on Sunday, it shall be observed on the
following Monday, and when a holiday named herein falls on a Saturday, it shall
be observed on the preceding Friday, except that the Library Department may
observe such holidays on Saturday, and in the case of continuous and/or seven
(7) day operations, holidays shall be observed only on the calendar days on which
they actually fall. This paragraph shall not apply to Christmas Eve which shall be
granted only when it falls on the employee's regular scheduled workday.
A Unit employee working in continuous and/or seven (7) day operation, whose
regularly scheduled day off falls on a holiday specified above, who is not on
standby (Article 3 Section 3-6), and who is scheduled to work a regular shift on
such holiday and scheduled day off, shall be compensated as follows: eight (8)
hours pay for the holiday plus pay at time and one-half (1 1/2) the regular rate for
each hour assigned and worked to a maximum of eight (8) hours.
B. Vacation Accumulation
Vacation accrual, carryover, and separation pay-out shall be governed by the
following table:
MONTHLY
SERVICE ACCRUAL
0-5 years 8 hours
6-10 years 10 hours
11-15 years 11 hours
16-20 years 13 hours
21+ years 15 hours
MAX. CARRYOVER MAX. PAYOUT
192 Hours 240 Hours
240 Hours 300 Hours
264 Hours 330 Hours
312 Hours 390 Hours
360 Hours 450 Hours
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Unit members shall be allowed “vacation sell-back” twice per calendar year, on the
last paycheck of November and/or May. The total annual buy out is up to a maximum
of eighty (80) hours taken in no more than forty (40) hour increments, after the
employee has accumulated a minimum of one hundred twenty (120) hours of
vacation leave. The employee must take a minimum of forty (40) hours of
vacation/comp-time during the calendar year to qualify for these payments.
From July 1, 2016 through June 30, 2018, the vacation sell back remains in
concession at 40 hours maximum. Effective July 1, 2018, this benefit is restored to
80 hours.
Unit members may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father or child. Child is defined as a biological, adopted, foster or stepchild, legal ward,
or a child of a person standing in place of a parent. Or a brother, sister, grandparent,
or in-law who are living with the employee and under his/her care. Requests to
receive such leave contributions will require a completed doctor’s certification.
All unit members whose regularly assigned work week consists of 4/10 hour shifts,
shall not be required to submit documentation for 2 hours of paid leave on the
following holidays:
1. Memorial Day, last Monday in May
2. Juneteenth, June 19
3. Independence Day, July 4
4. Labor Day, first Monday in September
5. Veterans Day, November 11
6. Thanksgiving Day, fourth Thursday in November
7. Friday after Thanksgiving Day
8. Christmas Day, December 25
Section 5-6: Uniforms
A. Airport Security Guards (Class Code 24000) uniforms will be supplied by the Aviation
Department.
B. On the effective date of this Memorandum, the City will assume responsibility for the
weekly cleaning/laundering of uniforms issued to those Unit members who are
employees of the Equipment Management Division of the Public Works Department.
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Section 5-7: Parking
A. Employees regularly assigned to the Airport Terminal buildings shall be provided
parking facilities without charge at a location at the airport to be specified by the
Director of Aviation.
B. Effective July 8, 2002, all employees who pay for parking will be charged half price
at any downtown City owned parking garage if they park a motorcycle.
C. All regular full-time and regular part-time Unit employees will receive, upon request,
a City issued bus pass at no cost to the employee.
D. The City will provide 4 parking cards to the Union.
Section 5-8: Tool Allowance
A. Unit employees in the following eligible classifications will receive a tool maintenance
allowance of three hundred dollars ($300.00) per annum.
Payment for tool allowance will be made on or about September 1.
Classification
User Technology Specialist U2
Instrumentation and Control Specialist
Trades Helper, Assigned U2
Equipment Service Worker I
Electrician Helper
Electrician Apprentice
Electrician
Electrician, Assigned Lead
Traffic Signal Technician
Telecommunications Specialist
Page 257
Welder, Assigned U2
Building Equipment Operator I, assigned U2
Building Equipment Operator II, assigned U2
Building Maintenance Worker, Assigned U2
Locksmith
B. Unit employees in the following eligible classifications will receive a tool
maintenance allowance of six hundred dollars ($600.00) per annum.
Payment for tool allowance will be made on or about September 1.
Equipment Service Worker II
Automotive Technician and all assignments
Heavy Equipment Mechanic and all assignments
Equipment Repair Specialist
Body Repair Specialist
Helicopter Mechanic
Fuel Systems Support Technician
Aircraft Technician and assignment
Section 5-9: Parental Leave
A. The City will, as a matter of general policy, and subject to operational needs,
authorize up to three (3) months of unpaid leave for an employee who is the parent
of a newly born or legally adopted child or any Unit member who needs to care for
an ill family member. Family members include spouse, children (natural, adopted,
foster, or stepchildren), brother, sister, parents, grandparents, as well as others living
in the same household with the employee. Approval and use of this leave shall be
subject to existing Personnel Rules.
B. An employee may use up to ten (10) hours of accumulated sick leave in at least one-
hour increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. When there is an
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extreme illness or injury situation where a life or death question exists involving an
immediate family member, an employee may use up to five (5) days of accumulated
sick leave. (This should not be construed as bereavement leave under Personnel
Rule 15g).
In addition, employees may have dependent care situations where the above leave
is insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an
immediate family member up to a maximum of five (5) incidents not to exceed a total
of forty (40) hours each calendar year.
For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave-management
program, up to a maximum total of seven (7) incidents per calendar year. An incident
is defined as an absence from work, regardless of the length of time.
An immediate family member is defined as the employee’s spouse, qualified
domestic partner, mother, father or child. Child is defined as a biological, adopted,
foster or stepchild, legal ward, or a child of a person standing in place of a parent. Or
a brother, sister, grandparent, or in-law who are living with the employee and under
his/her care.
ARTICLE 6: Miscellaneous
Section 6-1: Saving Clause
A. If any article or section of this Memorandum should be held invalid by operation of
law or by a final judgment of any tribunal of competent jurisdiction, or if compliance
with or enforcement of any article or section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby; and upon issuance
of such final decree, the parties, upon request of either of them, shall meet and confer
to endeavor to agree on a substitute provision or that such a substitute provision is
not indicated.
Section 6-2: Copies of Memorandum
Within sixty (60) days of the date that this Memorandum is adopted by the City Council,
the Union will arrange for printing of jointly approved copies of it for furnishing one to
every Unit employee, Unit supervisor, and to management personnel. The cost of such
duplication and distribution will be borne equally by the Union and the City.
Page 259
Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors and Suppliers), as may be amended.
Section 6-3: Apprenticeship Programs
The City will make available to the Union copies of all existing apprenticeship agreements
affecting Unit II employees.
Section 6-4: Part-Time Employees
A. Hourly paid Unit members, excluding seasonal and temporary employees, who have
worked a minimum of fifty (50) hours in each pay period for twenty-six (26)
consecutive weeks shall be entitled to vacation credits of four (4) hours per month.
Vacation credits shall be calculated and paid in cash, in December and June.
Continuation of this entitlement will be determined on November 1, February 1, and
May 1. If the employee has worked a minimum of fifty (50) hours in each pay period
in July, August, and September, his participation shall continue for the period
November through January. A similar review and qualification will be required for
October, November, and December; January, February, and March; and April, May,
and June. If the employee separates from City employment, the participation will
cease.
B. Hourly paid employees, excluding seasonal employees, may be considered for
advancement from pay step 1 to pay step 2 after completing 1,040 hours of work at
step 1. Advancement from pay step 2 to pay step 3 and each subsequent step in a
range may be considered after working 2,080 hours in each step.
C. No full-time or part-time permanent employees in the City Civic Plaza Department
shall be displaced or their hours reduced by the utilization of temporary employees,
unless the issue has been discussed by the parties in a Labor/Management meeting
and the City has complied with the provisions of Management Procedure 5.501,
dated February 7, 1994.
Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).
Page 260
Section 6-5: Department Certifications and Required Licenses
The City will reimburse Unit members of the Water Services Department for expenses
incurred as a result of acquiring and maintaining certification required by the Arizona
Department of Environmental Quality. Unit member of the Water Services Department
will be reimbursed for 1 (one) fail and/or 1 (one) pass per certification.
Employees will be allowed City time to renew their CDL license and/or related
endorsements and will be reimbursed for such renewal fees which include the HAZMAT
background screening fee.
The City will provide reimbursements to Unit members for CDL endorsements.
Employees in the Water Services Department will receive a one-time special merit
increase/step adjustment when they obtain a higher ADEQ Grade Certification than
required for their job classification. Employees must provide a copy of their examination
results.
When the employee obtains a higher ADEQ Grade Certification and submits results for
reimbursement or merit increase, there will be no change to the employees PMG
anniversary date.
Section 6-6: Safety Manual
The parties agree that, during the term of this Memorandum, the City will publish a Safety
Manual covering all citywide safety issues.
The Health and Safety Committee established in Article 2 Section 2-3 of this
Memorandum will be given the opportunity to review and to offer input on the manual
while it is in draft form and before its final publication.
Once published, there will be no changes made in the manual without the review of the
Health and Safety Committee.
Employees are entitled to exercise the rules under OSHA by relating to the competent
person assigned that the situation is unsafe and in conflict with OSHA rules.
Section 6-7: Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect commencing with the
beginning of the first regular pay period in July 2023 up to the beginning of the
first regular pay period commencing in July 2024, and thereafter shall continue
in effect year by year unless one of the parties notifies the other in writing no later
Page 261
than December first of the final contract year of its request(s) to modify or terminate
it.
B. Except as expressly provided in this Memorandum, the City shall not be required to
meet and confer concerning any matter, whether covered or not covered herein,
during the term or extensions thereof.
However, the parties will continue to meet with affirmative willingness to resolve
grievance and disputes relating to wages, hours and working conditions without
effecting the terms of this agreement.
C. If any section or provision of this Memorandum violates existing Federal, State, or
City law, then such law shall supersede such provision or section.
D. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with
the meet and confer proceedings resulting in this Memorandum is precluded from
initiating any further meeting and conferring for the term thereof relative to matters
under the control of the City Council or the City Manager.
E. The provisions of this Memorandum apply to all Unit employees, except that
entitlement to health, life, and long term disability insurance; holiday, overtime, and
show-up time benefits for regular hourly employees shall continue in accordance with
present practice and policy.
Permanent employees shall not be laid off from City employment and replaced by the
hiring of part-time employees solely for the purpose of eliminating the cost of existing
full-time benefits received by permanent employees.
F. This Memorandum constitutes the total and entire agreements between the parties
and no verbal statement shall supersede any of its provisions. All side agreements
modified during this contract period must contain an effective starting and expiration
timeframe. Any supplements, amendments, or modifications to this M.O.U. shall be
executed by duly authorized representative of each party.
Section 6-8:
The City shall create an Employee Memorial for those Unit II employees lost to
COVID-19 to thank them for their service to the City of Phoenix. This Memorial can
be in conjunction with other Memorials the City may have planned.
Page 262
IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2023
_____________________________________________________________________
Jason Henley, President, AFSCME Local 2384
_____________________________________________________________________
Corina Ramsey, Deputy Director, Human Resources, City of Phoenix
_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix
ATTEST:
______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED TO FORM:
______________________________________________________________________
City Attorney, City of Phoenix
AFSCME 2384 Team: City of Phoenix Team:
Jason Henley, President Corina Ramsey, Deputy Human Resources Director
James Sagar Janice Pitts, Deputy Human Resources Director
Diana Peterson Brandy Kelso, Water Services Department
James Mckenna Gabe Nevarez, Aviation Department
Donald Furnival Keith Carbajal, Public Works Department
Alejandro Gutierrez Bob Fingerman, Phoenix Convention Center
Mario Ayala Brittany Whittle, Human Resources (Coordinator)
Christopher Idlebird Donna Love, Human Resources (Scribe)
Lorenzo Ortega
Page 263
Addendum A - Allocation of Stewards
The allocation of new steward positions under Article 1 will be referred to the Labor-
Management Committee for appropriate action.
Guidelines for designation of new stewards shall include:
1. A designated steward must be one from amongst employees regularly working at
a specified job site.
2. The designation of job site stewards shall take into consideration the following:
a. proportional representation of approximately 1-30,
b. organizational structure of department,
c. avoidance of duplicating service,
d. crew size of work unit divisions.
Page 264
ATTACHMENT A
(Subject to Reallocation)
Site Steward Allocations
Department/Division Site
Aviation/Bldg. Ops. Sky Harbor Airport
General Aviation Deer Valley Airport
Goodyear Airport
Maint/Air. Sect. Sky Harbor Airport
Op./Custodians All Term.-Sky Harbor
Electrical Maint. Electrical Shop
Op./Security Phoenix Convention Center
Event Services Phoenix Convention Center
Housing/Conventional All Conventional Sites
Elderly All Elderly Sites
Public Works Bldg Maint 2631 S. 22nd Ave.
Equipment Mgmt. 22nd Ave. Service Center
Fire Operations
Salt River Service Center
Union Hills Service Center
Glenrosa Service Center
Okemah Service Center
Fire Operations Center 150 S. 12th St.
Street Trans./Materials/Insp. 1034 E. Madison
Street Trans./Survey 1034 East Madison
Street Trans./Operations 2141 E. Jefferson
Waste/Wastewater Treatment 23rd Ave. & Durango
91st Ave. Plant
Water Pollution Control
Wastewater Collection 52nd St. & Thomas
Northwest Service Center
North Yard
Water Customer Service A.1-2525 E. Hess
A.2-2002 E. Maryland
A.3-16201 N. 21st Ave.
A.4-2301 W. Durango
A.5-138 E. Union Hills
Water Production Verde Plant
Deer Valley Plant
Squaw Peak Plant
Union Hills Plant
Val Vista Plant
52nd St. & Thomas
Phoenix Wells West
Page 265
ATTACHMENT A - CONTINUED
(Subject to Reallocation)
Site Steward Allocations
Water Distribution 3045 S. 22nd Ave.
52nd St. & Thomas
Corona Yard
Deer Valley Yard
Morten Yard
Paradise Valley Yard
Heavy Maint. Yard
Heavy Maint. Yard
Water/Wastewater Specialized Svcs Electricians
Heavy Maint.
Light Maint. (O&M)
Instrument & Control Specialist
Chief Steward Allocations
Department Division
Aviation Sky Harbor All (4)
Police/Fire/Street Trans. All (3)
Public Works All (2)
Housing All (2)
Water/Wastewater
Wastewater Treatment – 23rd Avenue 91st Avenue (3)
Wastewater Collections All (2)
Water Customer Services All (2)
Water Pollution Control All
Water Production All (3)
Water Distribution All (2)
Specialized Services All (2)
Lead Steward Allocations
Department
Aviation (3)
Public Works (2)
Street Transportation
Phoenix Convention Center (2)
Fire
Housing
Police
Water Services (6)
Page 266
Attachment B (Relating to Vacation Leave)
All of the following, including the agreed-upon Intent, are material terms of this Attachment
B and if any provision contained herein is not accepted by the City, the City Council or
the employee group, this entire Attachment B becomes null and void:
Section 3-4 (Continued)
A. Final Average Compensation and Vacation Leave
1. The number of vacation leave hours eligible to be cashed out and included in
an employee’s Final Average Compensation upon retirement will be limited
to the number of vacation leave hours in the employee’s leave bank on June
30, 2014, not to exceed 450 hours.
2. The City recognizes that the Union may bring a lawsuit regarding the City’s
proposed implementation of the practice set forth in this Attachment B by
submitting the dispute concerning the City’s proposal and planned
implementation of the practice in Paragraph B.1 of this Attachment B to a
court of competent jurisdiction.
3. The Parties expressly agree that nothing contained in Section 3-4 or this
Attachment B shall be construed to constitute an agreement by the Union to
the lawfulness of the practice set forth in Attachment B or the lawfulness of
implementation of the changes set forth in Paragraph B.1 of this Attachment
B. Nor shall anything contained in this Attachment B constitute a waiver of
the Union’s, employees’ or the City’s claims or defenses in connection with a
lawsuit as set forth in Paragraph B.2. hereof regarding the lawfulness of the
City’s proposed implementation of the changes set forth in Paragraph B.1.
The City agrees not to make any argument based on this Attachment B
regarding waiver, estoppel, ratification, novation or any similar arguments
based on this Attachment B. The City expressly agrees it waives any rights
to argue and will not and may not argue, based on this Attachment B, in any
lawsuit as set forth in Paragraph B.2 regarding the lawfulness of City’s
proposed implementation of the changes in Paragraph B.1, that the Union or
Unit 2 employees agreed to the lawfulness of such changes including, without
limitation, by asserting that the Union or employees agreed to the lawfulness
of such change based on this Attachment B, the negotiations leading up to
this Attachment B, the ratification of the M.O.U. by the Unit 2 employees or
Page 267
based on any action or statements of the Union in relation to this Attachment
B.
4. The Parties further agree that until there is a final judgment and declaration
with respect to the rights of the parties regarding the lawfulness of and the
proposed implementation of the practice in Paragraph B.1, if the City
calculates retirement benefits based on such practice, the Union will not seek
a temporary restraining order, preliminary injunction or other interim relief to
cease the practice set forth in paragraph B.1. The City expressly agrees that
it waives any rights to argue and will not and may not argue that failure to
seek a temporary restraining order, preliminary injunction or other interim
relief to cease the practice set forth in paragraph B.1 constitutes estoppel, an
agreement to such practice or waives any rights to challenge such practice
nor will the City argue that either the Union or Unit 2 employees agreed to the
lawfulness of the practice set forth in Paragraph B.1 or such practices based
on the failure to seek a temporary restraining order, preliminary injunction or
other interim relief.
5. The City and the Union further agree that in the event a court determines in
a lawsuit as described in Paragraph B.2., after final judgment and all appeals
are exhausted, that: (a) the vacation payments at issue in Paragraph A are
compensation within the meaning of the Charter; or (b) determines that the
practice set forth violates the contractually vested rights of employees; or (c)
determines that the practice violates either the Arizona or United States
Constitutions, the City shall, as soon as is reasonably practicable after final
judgment and all appeal rights are exhausted, sever Paragraph B.1 of this
Attachment B and its terms from this M.O.U. and will take whatever
administrative action is reasonably necessary to undo the practice described
in this Attachment B as required to implement such court’s judgment and
make any affected employees whole. The City shall meet and discuss with
the Union about such administrative action before such action is taken and
shall advise the Union first before advising affected Unit 2 employees about
any such administrative action that directly affects Unit 2 employees
6. The City and the Union further agree that, in the event of a final judgment in
the Union’s favor such as described in Paragraph B.5. of this Attachment, and
after all appeals are exhausted, the City will apply such judgment retroactively
to undo the effect of the practices described in this Attachment B.1 on any
employees affected or bound by this Attachment B and make such
employees whole, including without limitation those Unit 2 employees who
Page 268
retire after June 30, 2014 but before such final judgment and appeals are
concluded. The City shall meet and discuss with the Union about what
actions are taken to undo the effect of the practices and shall provide the
Union with information concerning what Unit 2 employees retired after June
30, 2014 who were affected by Paragraph B.1 of this Attachment B as
reasonably requested by the Union. The City agrees that it will not argue or
claim that such judgment should be applied prospectively only.
Page 269
Attachment C (Relating to Sick Leave)
All of the following are material terms of this Attachment C and if any provision contained
herein is not accepted by the City, the City Council or the employee group, this entire
Attachment C becomes null and void:
Section 3-4 (Continued)
B. Sick Leave Cash Out Formula (Continued)
1. Final Average Compensation and Sick Leave.
a. The number of sick leave hours eligible to be cashed out and included in an employee’s
Final Average Compensation upon retirement will be limited to the number of sick leave
hours in the employee’s leave bank on July 1, 2012, provided all criteria are met as
described in Subsection A of Section 3-4 of this M.O.U..
b. Employees with less than 250 hours of accrued and unused sick leave on July 1, 2012,
will not meet the minimum balance requirements for a sick leave cash out that can be
included in their Final Average Compensation.
c. The portion of accrued and unused sick leave that is not included in the Final Average
Compensation upon retirement can be cashed out as a lump sum upon retirement,
provided all criteria are met as described in Subsection A of Section 3-4 of this M.O.U.
2. The Parties agree that Paragraph C.1(a-c) of this Attachment C of this M.O.U. shall
not take effect, unless and until a final judgment, after all appeals are exhausted, has
issued in the City’s favor on all claims asserted by the Plaintiffs, as to the lawfulness of
the practice described in Paragraph C.1(a-c), in the pending lawsuit, Piccioli, et. al., v.
3. The Parties agree that nothing in either Paragraph C.1 (a-c) or this Attachment C of
this M.O.U. shall be construed to be a waiver of either the Union’s or the City’s claims or
defenses in connection with the Piccioli lawsuit, including any of the City’s arguments in
defense of continuing its current practice under Administrative Regulation 2.441 or any of
the Union’s arguments that it never agreed to such changes in the MOU effective July 1,
2012 through June 30, 2014 or otherwise. The City agrees not to make any argument
based on this Attachment C regarding waiver, estoppel, ratification, novation or any
similar arguments based on this Attachment C. The City expressly agrees it waives any
rights to argue and will not and may not argue, based on this Attachment C, in the Piccioli
matter regarding the City’s proposed implementation of the changes in Paragraph C.1(a-
c), that the Union or Unit 2 employees agreed to the lawfulness of such changes including,
Page 270
without limitation, by asserting that the Union or employees agreed to the lawfulness of
such change based on this Attachment C, the negotiations leading up to this Attachment
C, the ratification of the MOU by the Unit 2 employees or based on any action or
statements of the Union in relation to this Attachment C.
4. In the event a final judgment as described in Paragraph C.2. is issued, the Parties
agree that the City may, as soon as is reasonably practicable after final judgment and all
appeal rights are exhausted, take whatever administrative action is reasonably necessary
to implement the practice described in Paragraph C.1(a-c) of this Attachment C, provided
such action is consistent with the Court’s final judgment. The City shall meet and confer
with the Union about such administrative action before such action is taken and shall
advise the Union first before advising any other Unit 2 employees about any
administrative action regarding implementation of Paragraph C.1(a-c) that directly affects
Unit 2 employees.
Page 271
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Item text
Approving the Memorandum of Understanding Between the City of Phoenix and
American Federation of State, County and Municipal Employees, AFSCME Local
2960 (Unit 3) (Resolution 22117)
The City of Phoenix has met and conferred with American Federation of State, County
and Municipal Employees, AFSCME Local 2960 (Unit 3) in accordance with the terms
of Phoenix City Code section 2-218, and a Memorandum of Understanding (MOU) has
been approved by the organization's membership. A copy of the proposed MOU has
been filed with the City Clerk and an opportunity for public comment was conducted at
the April 19, 2023, City Council Formal Meeting.
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
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ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
CITY OF PHOENIX
AND
AMERICAN FEDERATION
OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES,
LOCAL 2960 AFL-CIO
REPRESENTING UNIT 3 EMPLOYEES
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Table of Contents
PREAMBLE ........................................................................................................................ 4
ARTICLE 1: Rights ............................................................................................................ 5
Section 1-1: Purpose/Gender .......................................................................................................... 5
Section 1-2: City and Department Rights ....................................................................................... 5
Section 1-3: Union Rights............................................................................................................... 6
Section 1-4: Rights of Unit Members ........................................................................................... 11
Section 1-5: Prohibition of Strike and Lockouts .......................................................................... 21
Section 1-6: New Positions and Classifications ........................................................................... 22
ARTICLE 2: Grievance/Arbitration/Labor Management ............................................... 22
Section 2-1: Grievance Procedure ................................................................................................ 22
Section 2-2: Labor-Management Committee ............................................................................... 30
Section 2-3: Health and Safety Committee................................................................................... 31
ARTICLE 3: Compensation/Wages ................................................................................ 32
Section 3-1: Wages ....................................................................................................................... 32
Section 3-2: Overtime ................................................................................................................... 35
Section 3-3: Out-of-Class Pay ...................................................................................................... 38
Section 3-4: Sick Leave Cash Out Formula.................................................................................. 39
Section 3-5: Shift Differential Pay................................................................................................ 39
Section 3-6: Stand-By Pay ............................................................................................................ 39
Section 3-7: Show-up Time .......................................................................................................... 40
Section 3-8: Jury Duty Pay ........................................................................................................... 40
Section 3-9: Deferred Compensation Program ............................................................................. 41
Section 3-10: Compensation for Approved Training ................................................................... 41
ARTICLE 4: Hours of Work/Working Conditions .......................................................... 41
Section 4-1: Hours of Work .......................................................................................................... 41
Section 4-2: Rest and Lunch Periods ............................................................................................ 43
Section 4-3: Clean-up Time .......................................................................................................... 44
Section 4-4: Seniority ................................................................................................................... 44
ARTICLE 5: Benefits ....................................................................................................... 44
Section 5-1: Health Insurance ....................................................................................................... 44
Section 5-2: Dental Insurance ....................................................................................................... 46
Section 5-3: Life Insurance ........................................................................................................... 46
Section 5-4: Long-Term Disability ............................................................................................... 47
Section 5-5: Holidays and Vacations ............................................................................................ 47
Section 5-6: Uniforms ................................................................................................................... 49
Section 5-7: Tuition Reimbursement ............................................................................................ 52
Section 5-8: Car Insurance, Mileage Allowance, Bus Pass and Parking ...................................... 52
Section 5-9: Unpaid Parental Leave / Family Leave .................................................................... 53
Section 5-10: Retirement Program and Benefits .......................................................................... 54
ARTICLE 6: Miscellaneous ............................................................................................. 54
Section 6-1: Saving Clause ........................................................................................................... 54
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Section 6-2: Copies of Memorandum ........................................................................................... 54
Section 6-3: Term and Effect of Memorandum ............................................................................ 55
Section 6-4: ................................................................................................................................... 56
ATTACHMENT A ............................................................................................................. 58
ATTACHMENT B (Relating to Vacation Leave)............................................................. 59
ATTACHMENT C (Relating to Sick Leave) .................................................................... 61
ATTACHMENT D ............................................................................................................. 63
APPENDIX E .................................................................................................................... 64
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PREAMBLE
WHEREAS, the well-being and morale of employees of the City are benefited by providing
employees an opportunity to participate in the formulation of policies and practices affecting
the wages, hours and working conditions of their employment; and
WHEREAS, the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter Memorandum) are not intended to abrogate the authority and
responsibility of City government provided for under the statutes of the State of Arizona or
the Charter or Ordinances of the City of Phoenix, except as expressly and lawfully modified
herein; and
WHEREAS, the parties, through their designated representatives, met and conferred in
good faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, and other terms and conditions of employment of employees of
Unit III;
NOW, THEREFORE, the City of Phoenix, hereinafter referred to as the "City" and Local
2960, as an affiliate of the American Federation of State, County and Municipal Employees,
AFL-CIO, hereinafter referred to as the "Union," having reached this complete agreement
concerning wages, hours, and other terms and conditions for the term specified, the parties
submit this Memorandum to the City Council of the City of Phoenix with their joint
recommendation that body resolve to adopt its terms.
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ARTICLE 1: Rights
Section 1-1: Purpose/Gender
Whenever any words used herein in the masculine, feminine or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
A. Recognition
The City recognizes the Union as the sole and exclusive Meet and Confer agent,
pursuant to the Meet and Confer Ordinance as amended, for the purpose of
representation regarding wages, hours, and other conditions of employment for all
regular full time and regular part time employees in positions constituting Unit III, as
certified May 22, 1978, or as may be modified by the Phoenix Employment Relations
Board (PERB).
If a court of competent jurisdiction (defined as Arizona Supreme Court or U. S. Supreme
Court) determines that "fair share" does not violate Arizona State Law, then the Union
and the City of Phoenix shall open up the contract to bargain in good faith on this issue.
If any conflict exists between the language in an A.R. or employment/ department rule
and the language of the negotiated M.O.U., the M.O.U. shall prevail.
Section 1-2: City and Department Rights
The Union recognizes that the City has and will continue to retain, whether exercised or not,
the unilateral and exclusive right to operate, administer and manage its municipal services
and work force performing those services in all respects subject to this Memorandum.
The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not officially and expressly modified by specific
provisions of this Memorandum of Understanding, and such decision making shall not be in
any way, directly or indirectly, subject to the grievance procedure contained herein.
The exclusive rights of the City shall include, but not be limited to, the right to determine the
organization of City government and the purpose and mission of its constituent agencies,
to set standards of service to be offered to the public, and through its management officials
to exercise control and discretion over its organization and operations, to establish and
effect Administrative Regulations and employment rules and regulations, consistent with
law and the specific provisions of this Memorandum of Understanding to direct its
employees, to take disciplinary action for just cause, to terminate or reassign its employees
from duty because of lack of work or for other legitimate reasons, to determine the methods,
means and personnel by which the City's services are to be provided, including the right to
schedule and assign work and overtime, and to otherwise act in the interest of efficient
service to the community.
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Nothing herein shall preclude the City from being in compliance with the Americans with
Disabilities Act.
Section 1-3: Union Rights
It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article. In compliance
with City Code Article XVII Employer-Employee Relations, Chapter 2-214, Public Employee
Rights (as of Feb 18, 2021), any Union release time, including that of full-time release
positions, shall count as time worked in the unit member’s job classification.
A. Union Release
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2960 have negotiated
full-time release positions, and release hours, as an efficient and readily available point
of contact for addressing labor-management concerns. Examples of work performed by
representatives using union release in support of the City include ensuring
representation for employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in collaborative
labor-management initiatives that benefit the City and the members; serving on City and
departmental task forces and committees; facilitating effective communication between
City and Department management and employees; assisting unit members in
understanding and following work rules; and administering the provisions of the
Memorandum of Understanding. Union release is also used for authorized employees
to prepare for appeals and hearings and attend Union conferences, meetings, seminars,
training classes and workshops so that employees better understand issues such as
City policies and practices, conflict resolution, labor-management partnerships, and
methods of effective representation. The cost to the City for these release positions and
release hours, including all benefits, has been charged as part of the total compensation
package detailed in this agreement.
For a unit member whose regular shift is other than day shift, there will be flexibility in
changing his normal work hours for the purposes of attending official Labor-
Management meetings called by or with the concurrence of the Department Head or
designee.
In accordance with the City’s selection and interview process guidelines and at
management’s request, Union Designated Employees will participate in City Selection
processes.
1. Full-Time Release Positions
The President or President’s Designee and three additional full-time release
positions to be designated by the Executive Board of the Union, shall each be
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allowed up to 2,080 work hours per M.O.U. year to engage in lawful union activities,
pursuant to and consistent with this Memorandum. The full-time release employees
will be engaged in either union activities or city activities in accordance with city
administrative regulations during paid release time. The City will pay the employees’
full time fringe benefits. Time used for this purpose in excess of 2,080 hours per
position shall be at the expense of the Union, and the Union shall reimburse the City
at the applicable employee’s hourly rate of pay.
The Union will keep the Labor Relations Division apprised of the regular work
schedules of the release positions and submit leave slips for processing.
Upon return to regular City duties, a full-time release employee shall be reinstated to
his/her original position, location and schedule by seniority. In addition, any approved
leave time the full-time release employee had scheduled prior to his/her return shall
be honored by the department.
The City values and benefits from the participation of Union leaders on citywide task
forces and committees, Labor-Management work groups, and a variety of Health and
Safety committees. These activities take time away from expected tasks such as
representation and communicating with the membership and may occur outside the
regular work day of the Union officials. The full-time release positions agree to
participate in these important committees and task forces. In recognition of this
commitment, the City agrees to provide a compensatory time bank of 520 hours and
paid overtime rates for use by the full-time release positions each MOU year. The
Union will submit a written request to redeem the hours from this bank to the Labor
Relations Division no later than July 1st of each MOU year for remittance with the
second paycheck in August.
2. Union Stewards
The Union may designate 52 stewards including 10 Chief Stewards and 19 Lead
Stewards to serve as employee representatives. Such designation shall be made
from amongst employees regularly working at the job sites as specified in Attachment
"A" hereto. The Labor-Management Committee will discuss the job site allocation of
the 52 stewards upon request by either party (Attachment A). Employees must have
completed the initial City probationary period of 1 year to be eligible for designation
as a steward.
The Union shall notify Labor Relations in writing of its designations and re-
designations of stewards.
There shall be no obligation on the City, nor shall the City change or adjust
employees' permanent regular work schedules or assignments solely as a result of
such designations.
One such steward from the Grievant’s home department and the Grievant may, after
the Grievant and the supervisor were unable to resolve the matter informally (Article
2, Section 2-1), when the Union is designated by the Grievant as his representative,
attend mutually scheduled grievance meetings with department representatives
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without loss of pay or benefits during City time. One steward working in the same
department as a unit member under investigation may also attend investigative
meetings without loss of pay or benefits during City time. Stewards not from the same
department as the grievant or employee under investigation may provide
representation, however the total time spent on representation will be requested from
and charged to the bank of hours as outlined in 1-3 A 3.
Stewards with assigned City vehicles who are on duty and actively working, and are
scheduled to return to duty at the conclusion of the meeting, may use the City vehicle
to attend mutually scheduled grievance and/or labor-management meetings with
department representatives.
The unit will be allowed, subject to operational and scheduling factors and 14
calendar days advance notice, up to one shift (either 8 or 10 hours depending upon
their regular schedule) of paid release time for authorized stewards to attend a one-
time contract orientation session conducted by the Union in each year of the contract.
3. Bank of Release Hours
The unit will be allowed, during each 12 month term of this Memorandum, subject to
operational and scheduling factors and 48 hours advance notice to the Labor
Relations Division. A unit total of 4,540 hours paid release time in a bank of release
hours per M.O.U. year.
With the exception of the ten elected union officials, only one representative may be
released from the same work group on the same shift at the same time. The union
may request an exception when training is being provided by the International Union.
Approval will not be arbitrarily withheld.
Any hours used in excess of the bank of hours must be approved by the Labor
Relations Administrator and the AFSCME Local 2960 President. The number of
hours used in excess of the bank at the end of the MOU term will be deducted from
the bank of hours in the first year of the next MOU. A surplus of hours will be carried
over into the next MOU to a maximum beginning bank of 6,810.
B. Unpaid Time
Unit members may be authorized in advance in writing to engage in lawful unit-related
activities during City work hours on a non-paid basis by the City Manager or his designee
in his unrestricted discretion according to the applicable Personnel Rules. A member
selected by the Union to do unit representation work which takes the employee from his
employment with the City shall, at the written request of the Union, and subject to Civil
Service rules and the approval of the Personnel Official, be granted an unpaid leave of
absence. The leave of absence shall be in increments of no less than 3 months and
shall not exceed 1 year, but it may be renewed or extended for a similar period upon the
request of the Union.
C. There shall be no use of official time for unit related activities except as expressly
authorized under the aforesaid sections. The City reserves the right to deny approval
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of requests for use of official time for activities not expressly authorized under this
Memorandum.
D. International and Local 2960 Union Representatives
Accredited A.F.S.C.M.E. International, and designated Local 2960 Chief Steward and
Lead Stewards shall be admitted to the buildings and grounds of the City during working
hours for assisting in the adjustment of grievances, so long as such will not interfere with
any work operation or the safety and security of any work site. Such representatives will
check in with the supervisor involved and will be required to conform to the safety
regulations of the work site.
E. Payroll Deduction
1. The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union membership dues and regular periodic Union
sponsored insurance premiums pursuant to the City's deduction authorization form
duly completed and signed by the employee and transmit such deductions monthly
to the Union no later than the 14 day following the end of the pay period in which the
deduction occurs, along with an alphabetical list of all employees for whom
deductions have been made. Such deduction shall be made only when the Union
member's earning for a pay period are sufficient after other legally required
deductions are made.
2. Authorization for membership dues deduction herein under shall remain in effect
during the term hereof unless revoked in writing by the employee. Revocation of
deductions shall be accepted by the City only during the first week of July or January
of each year of the term of this memorandum to be effective the following payroll
period. The City will notify the Union of any revocations submitted to it.
3. The City shall not make dues deductions for unit members on behalf of any other
employee organization (as defined in the Meet and Confer Ordinance) during the
term of this Memorandum.
4. It is agreed that the City assumes no liability except for its gross negligence on
account of any actions taken pursuant to this section. The City will, however, as
promptly as technically possible, implement changes brought to its attention.
5. The City shall, at the written request of the Union during the term of this agreement,
make changes in the amount of dues deduction hereunder for the general
membership, provided costs for implementing such changes shall be reimbursed by
the Union at actual cost incurred by the City.
F. Facilities and Services
The Union may distribute material on the City's premises (buildings and grounds) before
and after scheduled working hours or in non-work areas during scheduled work hours
provided that both the person distributing and the employee receiving such material are
on their own time.
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The Union shall be allowed to send one union-requested communication per month
using the City Email System to communicate with Unit 3 employees. Requests will be
processed through Labor Relations. Issues stemming from this agreement will not be
subject to the grievance procedure and will be discussed in labor-management
meetings.
The Union’s web page shall be listed as a link on the City’s Intranet home page as one
of the City’s Employee Resources.
The City shall provide the Union with bulletin boards for its use in communicating with
its members at mutually agreeable locations. The City shall grant sole and exclusive
use of such bulletin boards to the Union. The City will provide glass-enclosed, locking
bulletin boards (standard to be set by the City) for any new City facility where five or
more Unit 3 employees will be assigned. The Union may request that two existing
bulletin boards be replaced with glass-enclosed, locking bulletin boards (standard to be
set by the City) each contract year, provided at least five Unit 3 employees are assigned
to the requested locations. Lost keys will be replaced with the full expense charged to
the party that lost them (meaning City or Union). Damaged bulletin boards will be
replaced with the cost split equally between the City and the Union.
Material which is not abusive of any person or organization, which complies with laws
regulating the political activities of City employees, and which is not disruptive of the
City's operations, may be posted or distributed, provided that such material is submitted
to the City and also signed by an authorized official of the Union. The Union may grieve
any refusal by the City to approve posting or distribution of submitted material. The City
will not arbitrarily disapprove submitted material.
The Union shall have the right to meet with each new unit member for 1 hour during the
scheduled Human Resources Department’s new employee orientation before or after
lunch for the purpose of informing each such new employee of the Union and of that
member's right to have Union dues deducted from his pay warrant. Additional time will
be allotted – in addition to new employee orientation – in departments that have new
employee orientation.
Where possible, Unit III becomes a participant in the appropriate electronic distribution
lists for promotions, seamless service, City Connections and/or educational
opportunities.
Upon the Union’s filing of a Third Party Data Sharing agreement with the HR
Department, the City shall provide electronically, at no cost, a list of unit members which
includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service Date,
Dept ID, Department, Job Title, Job Locator Code, Work Location, Mailing Address,
City, State, Zip, Home Phone, Work Phone, active Union deduction, and a list of Unit 3
employees who have left the unit. (This includes unit members who retire, promote, quit,
are terminated, or pass away). The City shall provide the Union a list of all Unit 3
vacancies monthly. Any and all information furnished by the City shall be used by the
Union solely for the purpose of communicating with unit members, other legitimate union
purposes, and shall not be shared with any other individual or organization.
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G. The Union shall be allowed $14,000, reimbursable to the Union by the City each fiscal
year, for designated members of the local to attend schools, conferences, workshops
and training to develop skills in effective member representation, conflict resolution
techniques, labor-management cooperation, and other employee relations areas that
promote cooperative and harmonious relationships. The Union will submit receipts for
reimbursement by the City. If the entire $14,000 is not used , the balance will carry over
into the next fiscal year; however, the total fund balance must not exceed $28,000,
and any funds in excess of $28,000 will expire.
The Labor Relations Administrator will continue the practice of providing the union
information concerning grievance and arbitration cases. The union agrees that they will
be reasonable in making these requests for information.
Section 1-4: Rights of Unit Members
It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article.
All unit members have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in the
Union or any other organization.
All unit members have the right to be treated in a manner which is fair and impartial in
any matter associated with the rights of unit members under the specific express terms
of this Memorandum of Understanding.
No unit employee shall suffer reprisal for the exercise of rights granted by this MOU.
A. Unit employees have the right to be represented by the union and the union reserves
the right to provide representation to its members in dealings with the City concerning
grievances, and matters pertaining to their individual employment rights and obligations,
and during an investigatory interview concerning allegations focused on the employee
which may result in disciplinary action.
B. Supervisors are encouraged to discuss concerns and attempt to resolve those concerns
with an employee without utilizing a formal investigatory process. Supervisors are
encouraged to not utilize an investigatory process unless they have a reasonable belief
that discipline (a written reprimand or higher) could result. Should information be made
during a conversation to attempt to resolve an issue that could result in discipline, the
supervisor will stop the meeting and utilize an investigatory process as outlined below.
Any interview becomes investigatory when facts or evidence sought by management
may result in a disciplinary action.
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• An employee is entitled to Union representation if the employee reasonably believes
that the investigatory interview will result in disciplinary action and the employee has
requested representation from their union.
C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions in order to provide the employee an
opportunity to gather additional information. In either case, a Notice of Inquiry (NOI) form
will be used. The intent of the NOI is to clearly put employees on notice that they are
under investigation that could result in discipline, inform them of the nature of the
allegations against them, and inform them of their right to representation.
D. If the City elects to issue written questions to the employee, the following shall apply:
1. If an NOI is being issued and there is no active questioning, representation is not
required.
2. The employee will have 72-hours excluding holidays and N-days to respond in writing
and provide any other material requested. This deadline may be extended by mutual
agreement if there are extenuating circumstances.
E. If the City elects to conduct an investigatory interview, the following shall apply:
1. Prior to the employee being interviewed, the employee shall be advised of their right
to a representative.
2. The NOI form will be issued at the meeting.
3. The union representative may engage in meaningful representation, including but
not limited to assisting and consulting with the employee, attempting to clarify the
facts or questions asked, and suggesting other employees or witnesses who may
have knowledge of the underlying issues. The union representative cannot speak on
behalf of the employee or impede the progress of the interview.
4. The member or representative may ask for a caucus during the meeting. The
caucusing party will attempt to keep the caucus to reasonable timeframes.
5. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be allowed
to seek advice and counsel from their representative in caucus during the interview.
6. The union representative may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.
7. Prior to the conclusion of the meeting, the member or representative shall have the
opportunity to make a closing statement.
8. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement. Additional
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time may be granted at the sole discretion of the department and will not be withheld
arbitrarily.
9. The employee will be provided with a copy of the interview notes and given 72 hours
excluding the employee's holidays and N-days to confirm their answers and
provide any additional information.
10. Except for emergency situations, the unit employees shall have a minimum of 48
hours excluding the employee's holidays and N-days to arrange for union
representation when the member is the subject of an administrative investigatory
interview. The union representative will make every reasonable attempt to arrive
within the 48 hours. An employee may waive the 48-hour time requirement if the
employee is not opting for representation.
11. Employees will be provided with the NOI cover sheet (and attachment if applicable)
listing the allegations against the employee 48 hours in advance of the investigatory
interview, however, the NOI/interview questions will not be provided in advance.
F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:
1. The employee will be instructed not to speak to anyone regarding an investigation.
This restriction does not apply to the union, the employee's family or clergy, the
investigator, or chain-of-command.
2. The employee will be advised if the inquiry is supervisor initiated or the result of a
citizen complaint, employee/co-worker complaint, or other.
3. The member shall also be informed that none of their statements, nor any information
or evidence which is gained by reason of such statements, can be issued against
them in any criminal proceedings.
4. A unit member shall receive a copy of any statement that they are asked to sign.
5. An employee under investigation will be notified in writing every 90 calendar days as
to the current status of the investigation. Every 30 days, an employee under
investigation may request a status update. At management's discretion, the status
will be provided either verbally or in writing. This will include a brief description of the
number of known witnesses still to be interviewed and other investigate processes
remaining to be completed, as well as an estimated date of completion.
G. Misc.
1. A unit member identified solely as a witness will not be prevented from reaching out
to the union on their own time to consult with a union representative prior to their
interview.
2. Only paperwork pertaining to any completed NOI investigation resolved as sustained
will be kept in an employee's personnel files.
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3. This article applies to all regular full-time and regular part-time employees in Unit 3
positions, this includes probationary employees.
4. In addition, Police employees are covered in Section 1-4.P.
5. If a Union Steward is requested by management to hold over or is called in from
home by a supervisor to represent an employee at a meeting required by
management, the Union Steward will receive overtime compensation for actual time
held over or a minimum of 1 hour if called in from home.
6. Employees have the option to bring a union steward for purpose of observation to a
scheduled meeting where a suspension, demotion or termination is being issued by
management.
7. See Section 1-4N for retention schedule.
H. Unit employees will be permitted to apply and/or compete in a transfer process while in
a pending investigation. The transfer process will not be delayed pending the conclusion
of the related investigation.
I. The City will provide to the employee a copy of the Citywide completed accident
investigation and any other material the City plans to present at the Citywide Accident
Review Board hearing. This material will be supplied as quickly as possible after the
material has been prepared.
J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article unless otherwise specified in this MOU. The employer shall count as time
worked any hours or fractions of hours spent within the employee's regular work shift in
pursuit of benefits provided by this Article.
K. Any unit member covered hereunder shall, on his request and by appointment, be
permitted to examine his personnel file and/or supervisor file, in the presence of an
appropriate supervisory official of the Department. The unit employee may authorize in
writing a union representative to examine their personnel and/ or supervisor file on their
behalf. The employee is entitled to designate 1 person of his choosing (lawyer, union
representative, close friend, etc.) to accompany him in reviewing his file. The employee,
however, must be present at the review. In addition, the unit member may, at his
discretion, attach rebuttal statements to any material contained in his personnel file
and/or supervisor file, which may be of a derogatory nature. No unit member shall have
any adverse statements entered into his personnel file without the member being
informed by a supervisor. The employee shall be requested to date and sign such
adverse material, not as an indication of agreement, but solely as evidence of being
advised of its existence. If the unit member requests, he shall receive a copy of the
material in question. Medical information should be maintained in a separate confidential
file.
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1. The City will establish a logging system within the department and central personnel
file. The log will identify the date, name of the person (other than Human Resources
staff) that examined the file, and purpose.
2. If an employee is not given their performance evaluation by the annual review date
the employee's merit increase will be processed within 21 calendar days following
the above due date and be retroactive to the performance evaluation annual review
date. (If an over all "met").
Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee’s return to employment, if applicable):
Sustained discipline of 40-hour suspension or greater of the following types:
• The employee has been abusive or threatening in attitude, language, or conduct towards
fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift, or favor in the course of
the assigned work or in connection with it, which would lead toward favoritism or the
appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-3101),
excepting a pocket knife (as provided in ARS 13- 3102) at a City worksite1, unless such
employee is a police officer. 1 (A worksite includes not only City buildings and property,
but also City vehicles and private vehicles while being used on City business, and other
assigned work locations.)
• The employee has intentionally falsified records or documents made, kept, or maintained
for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or the property
of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-discrimination
policies.
• The employee committed a violation of the City’s Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
• The employee has committed a Class 3 violation of use of force (For enforcement
positions within the Police Department).
L. The City will comply with provisions of A.R.S. Sec. 12-2506, paragraph D, subparagraph
1, and assume responsibility for the actions of any Unit III employee in a legal proceeding
for personal injury, property damage, or wrongful death, when it is demonstrated that
the employee was performing his regularly assigned duties without malice or any degree
of negligence.
M. The City shall notify employees in writing of any new policies and/or revision in City or
written department policies affecting Unit III employees. Notice shall remain available
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for not less than 21 working days. Review of policy revisions shall be included in
employee meetings and shift briefings when appropriate and practical to do so. The City
will notify employees of new or revised written City or Department policies affecting Unit
employees as soon after release as possible.
N. A coaching is a verbal discussion or meeting with an employee to actively discuss any
problem with the employee. A coaching is not to be considered a first offense for
purposes of progressive discipline. A written record of a coaching may be placed in the
supervisor’s file. A coaching is to be one-on-one. When 2 or more supervisors are
present at the coaching, the employee will be allowed a representative at the employee’s
request. An employee may receive more than 1 coaching for a similar matter. A
coaching given to a unit member cannot remain in a supervisor’s file for more than 1
year from the date the coaching was issued, provided no further incidents of a similar
nature occur during this 1 year period.
A supervisory counseling is a written warning that the supervisor shall document in
memo form. A supervisory counseling is not discipline. They are to be used to determine
only notice to the employee and credibility. The supervisory counseling shall be initialed
or signed by the unit member within 2 weeks of being advised that the counseling has
been issued.
If a supervisory counseling is to be used in any disciplinary or personnel action or any
performance rating, the employee will be given the supervisory counseling in memo
form, that identifies the behavior requiring improvement, the reason for the improvement,
and the consequences of continuing the unacceptable behavior. The memo will contain
a line for the employee’s signature and above the line the statement: “The employee
shall date and sign the supervisory counseling, not as an indication of agreement, but
solely as evidence of being advised of its existence.” The employee will receive a copy
of the memo.
A supervisory counseling will only be retained in the supervisor’s file. It will not be placed
in the employee’s personnel file.
Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
in file.
Coachings/Supervisory Not maintained Not maintained
Remove annually
Counselings in file. in file.
provided no
further incidents.
Maintain copy in Maintain original
Maintain copy in
file. in file.
file.
Employee may Employee may
Written Reprimands Remove annually
request to request to
provided no
remove inactivate
further incidents.
after 3 years. after 3 years.
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Maintain copy in Maintain original
file. in file.
Suspensions Employee may Employee may
(other than below) request to request to
remove inactivate
after 10 years. after 10 years.
Maintain copy in Maintain original
Discipline as discussed file. in file.
in section 1-4.K.2 Cannot Remove May not be
inactivated
The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or Department
files are not the official record. Employees may request to remove/inactivate eligible
documents based on the above criteria. Official records may only be inactivated and not
removed.
If an employee receives a written reprimand during the rating period, the supervisor will
document the improvement required in the employee’s performance evaluation without
documenting the issuance of discipline.
The City continues to retain the format used for corrective action/discipline, including
forms, technology, etc.
Documents or notes maintained in a supervisor’s file will not be used in future
disciplinary actions (Grievances or Civil Service Board) unless the unit member has
been previously made aware of the existence of the performance/conduct concerns.
A unit member who receives a written reprimand, suspension or demotion upon request
will be provided a copy of the investigative summary (if any exists) supporting the written
reprimand, suspension, or demotion at the time the unit member receives the discipline.
An employee who receives a written reprimand, suspension, or demotion may request
a copy of the information upon which the discipline was based and will be provided a
copy at no cost to the employee.
If a unit employee is suspended, it is understood that a suspension day is defined as 8
hours. For employees working a 4-10 schedule, the other two hours of the work day
would be accounted for at the sole discretion of management.
Unit members may serve suspensions of more than 40 hours on an alternating weekly
schedule.
After a separation notice has been signed by the appropriate authorities, and if the unit
member is given the opportunity to resign, the unit member will have two hours to consult
with a representative.
Unit members are entitled to representation if a "Not Met" performance evaluation is
appealed and is at the Executive Level (Assistant Director or Director) or when
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management has more than one representative at the meeting to discuss the appeal of
the performance evaluation.
A unit member shall receive a copy of any statement that they are asked to sign.
Employees will be notified of performance issues as they occur or are discovered.
Employees may appeal “Not Met” ratings on their performance evaluations.
O. City employees who are on duty and are, either witnesses, charging parties, appellants
or grievants may attend grievance, Civil Service, Phoenix Employment Relations Board
(P.E.R.B.) and Accident/Collision Review Board hearings and/or meetings on city time
provided 1) it is for their particular case which is either scheduled or on the public
meeting agenda for that date and time and 2) Once a witness testimony has been
concluded, or if a grievant, charging party or appellant once that agenda item has been
completed of if the grievance meeting concluded, unless they have made other
arrangements in advance with their immediate supervisor’s approval, they will promptly
return to work. Management reserves the right to restrict the number of witnesses who
can be off of the job at any one time but will cooperate in rotating witnesses from the
workplace so as to minimize the impact to operations and service to the public. For
group grievances, the group will be allowed to select no more than two non-witness
members of the group to attend the proceeding. These do not have to be the same
group members for each step or meeting of the entire proceeding. As a matter of
courtesy, employees will give management as much notice as possible.
P. Rights and Disciplinary Matters (Police Department)
1. Unit members of the Police Department have the right to appear before the
Departmental Disciplinary Review Board when disciplinary matters are brought
before the Board involving the unit member which may lead to demotion, suspension
or discharge.
a) The purpose of such appearance is to give the unit member an opportunity to
respond to the assertions made against him.
b) The Department shall notify the unit member 10 calendar days prior to such
opportunity to respond to the Board. The notification shall contain the date, time,
violation(s) and basis of each violation that has been partially or wholly sustained.
In addition, the unit member, if he chooses, may meet with his immediate
supervisor along with his second level supervisor, or the unit member’s
bureau/precinct commander for the purpose of discussing the basis of each
violation to be reviewed by the DRB. If the immediate supervisor conducted the
investigation, the unit member, if he chooses, may meet with the next supervisor
in his chain of command.
Such request shall be made in writing to the unit member’s immediate supervisor.
Also, the unit member, if he chooses, may be accompanied by a unit
representative at either meeting.
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At the pre-DRB meeting, the unit member shall be afforded a reasonable
opportunity to review the written investigation.
Realizing that in some cases there may be information that would be detrimental
to the department’s ability to conduct misconduct investigations, that information
may be deleted. However, all other information will be available for review.
The unit members under investigation may request an edited copy of the DRB
packet at no cost to the unit member. The City has 7 calendar days from the date
of request to provide above-mentioned packet. If this information is provided to
the unit member, there shall be no pre-DRB meeting.
The unit member may, at his discretion, appear before the Board with a unit
representative of his choosing, and may state his reasons why the proposed
action is unjustified.
The unit member may submit relevant written matter in support of his position.
2. Any unit member under investigation by Professional Standards or a Police
Department Supervisor for a disciplinary matter, and who is interviewed or
interrogated shall be given a written notice of investigation (Form 80-58DB) informing
him of the nature of the investigation and his status in the investigation. In addition,
the unit member and/or the Police Department supervisor/internal affairs
representative may mechanically record such interview/interrogation. Should any
mechanical recordings take place, the department reserves the right to transcribe
any such interview/interrogation for the purpose of verifying the accuracy of the
interview/interrogation and, if requested, the unit member shall sign the transcription
if it is accurate.
The unit member may request a copy of the above recording. In order to receive this
copy, the unit member may be asked to provide Professional Standards with a
current appropriate medium to record the copy. The unit member shall not receive
additional pay for picking up or dropping off this recording.
The employee shall be given the above-mentioned written notice of investigation at
the onset of the misconduct interview and prior to the employee being requested to
prepare a written statement. If the employee is requested to prepare a written
statement, the employee may request 1 hour to contact his Union representative
prior to making the written statement. When a unit member is given a written notice
of investigation (Form 80-58DB), other than the investigating supervisor/s, the only
persons the unit member may speak to concerning the investigation are their
attorney, minister, unit representative, or spouse not involved in the investigation.
When the investigation is completed, the accused employee will be notified in writing
of the findings.
A Professional Standards Bureau investigator will make available for review by the
unit member and the representative any video, audio, or photographs that are being
used as the basis for an allegation of misconduct. The investigator will not
intentionally misrepresent any fact or material issue to the unit member.
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3. Unit members have the right to representation in dealings with the City concerning
grievances and investigatory interviews with a Police Department supervisor in a
disciplinary matter which may lead to suspension, demotion or termination. The
representative must be a bargaining unit member. The bargaining unit representative
will be the most readily available unit representative. The employee will be allowed
to seek advice and counsel from their representative during caucus and prior to,
during, and after the interview. Prior to the conclusion of the meeting, the member,
or representative on behalf of the employee, will have the opportunity to make a
closing statement. If a unit member is called to an investigatory interview with a
Police Department supervisor for a disciplinary matter which may lead to a Written
Reprimand, the conversation shall be mechanically recorded by the supervisor and,
if requested, the unit member shall receive a copy of the recording. Further, if
personally requested by the unit member, representation will be allowed during a
Professional Standards investigatory interview/interrogation concerning allegations
focused on the unit member which may result in disciplinary action against him for
violation(s) of the City or department work rules and regulations. The representative
must be a bargaining unit member. The representative will be the most readily
available unit representative. The employee will be allowed to seek advice and
counsel from their representative during caucus and after conclusion of the interview.
Prior to the conclusion of the meeting, the member, or representative on behalf of
the employee, will have the opportunity to make a closing statement.
The Union representative may assist and consult with the employee, attempt to
clarify the facts or questions asked, and suggest other employees or witnesses who
may have knowledge of the underlying issues. The Union representative may not
turn the meeting into an adversarial proceeding, unduly disrupt the interview,
interfere with the objective of the examination, or compromise the integrity of the
interview. The Union representative may not interrupt the employee’s response to a
question or prevent the employee from responding to a question. The Union
representative also may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.
During the interview, the interviewer may insist that he is only interested in hearing
the employee’s own account of the matter under investigation at that time. The
interviewer may not prohibit the Union representative from engaging in meaningful
representation, including assisting and consulting with the employee.
If a supervisory counseling is to be used in any disciplinary or personnel action or
any performance rating, the employee will be given the Supervisory Counseling in
memo form, that identifies the behavior requiring improvement, the reason for the
improvement, and the consequences of continuing the unacceptable behavior. The
memo will contain a line for the employee's signature and above the line the
statement, the employee shall date and sign the supervisory counseling, not as an
indication of agreement, but solely as evidence of being advised of its existence," will
be included. The employee shall date and sign the supervisory counseling, not as
an indication of agreement, but solely as evidence of being advised of its existence.
The employee will receive a copy of the memo.
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Only paperwork pertaining to any completed N.O.I. Investigation resolved as
sustained will be kept in an employee's file.
Attendance at the Police Department Disciplinary Review Board (DRB) is optional.
An employee may attend or not attend; it is his or her individual choice. If an
employee declines to appear before the DRB, comments made during deliberations
of the Board will not be presented to the Civil Service Board and the fact that the
employee did not appear before the DRB will not be held against the employee. The
employee may, at his or her discretion, appear before the Board with a representative
of his or her choosing and may state his or her reasons why the proposed action is
unjustified. The employee and his or her representative may passively observe all
presentations made to the Board and all responses made to questions by Board
members. The employee and non-board members will be excluded from the room
during Board deliberations. In addition, a representative from Labor Relations will
be present as a passive observer at the DRB at the union's request.
If a Polygraph examination is required of a unit member, a unit representative may
monitor the audio/video-taped examination from the monitoring room.
Q. Crime Scene Specialists, Detention Officers, and Police Assistants assigned to
Enforcement positions in the Police Department shall be permitted to work out on
their "Code 7" at Police Department facilities.
Unit employees who work out on their "Code 7":
Are required to remain in workpants/boots.
Must adhere to Operations Order 4.1 (Meals and Breaks);
Must submit a workout memo through the Chain of Command to the Department
Fitness Coordinator;
Must adhere to Operations Order 3.7 (Industrial Injuries);
Must limit their activity to Strength Training/Cardio Training;
May not work out on their "Code 7" during overtime shifts; and,
May not work out during the last 2 hours of their duty shift, unless approved by their
supervisor.
Program viability will be reviewed annually by the Police Chief and the program may
be cancelled at that time.
Section 1-5: Prohibition of Strike and Lockouts
A. The Union pledges to maintain unimpaired municipal services as directed by the City
and neither the Union nor any of its agents will authorize, institute, engage in a
slowdown, work stoppage, or strike against the City. During the term of this
Memorandum, neither the City nor its agents shall authorize, institute, aid or promote
any lockout of unit members covered by this Memorandum.
B. The provisions of Section 2(17) and Section 13 of the Meet and Confer Ordinance are
expressly incorporated herein.
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Section 1-6: New Positions and Classifications
A. The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.
The parties agree to consult on the inclusion or exclusion of new classification(s) in the
bargaining unit and may thereafter refer any such matter, jointly or individually, to the
Phoenix Employment Relations Board (PERB) for appropriate action.
The City shall give notice to the Union within 10 working days whenever a classification
or compensation study is undertaken that includes active positions belonging to the
Union. The City shall notify the affected Union of the results and recommendations
resulting from any study 30 calendar days prior to that study being presented to the
Human Resources Committee. It should be noted that there is no guarantee, either
expressed or implied that changes to a classification or its grade and salary range will
result from a study.
The Union may submit a prioritized written request of classifications specific to the unit
that they wish to have studied. All written requests shall include a full explanation of why
the classification should be studied. This explanation shall indicate whether the Union is
requesting a full classification study (including job levels and job architecture) or if the
request is limited to a compensation review to assess market competitiveness and grade
and salary levels. At least two requests by the Union shall be started by the Human
Resources Department in order of their ranking per contract year.
The Human Resources Department shall provide the Union with an opportunity to meet
with the person conducting the study prior to preparation of any report or
recommendations.
B. The City will schedule a meeting with the Union, with a minimum of seven calendar
days’ notice, to discuss management recommendations for contracting of work
presently being performed by unit members which would directly result in a reduction
in the number of regular unit positions during the term of this agreement. The meeting
will occur prior to any final recommendation to the City Council. Failure by the City
to meet with the Union under this Article may be subject to the Grievance Procedure
(Article 2, Section 2-1) of this MOU. The management recommendation, and final
decision thereon by the City, shall not be subject to the Grievance Procedure (Article
2, Section 2-1) of this MOU. The City shall endeavor to meet with the Union at least
30days prior to elimination of any Unit 3 positions.
ARTICLE 2: Grievance/Arbitration/Labor Management
Section 2-1: Grievance Procedure
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It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article.
A. Informal Resolution
1. As a matter of good labor-management relations a unit member who believes that
they have a bona fide grievance must discuss and attempt to resolve it with his
immediate non-unit supervisor.
2. If such informal discussion does not resolve the problem to the unit member's
satisfaction, the unit member may file a formal grievance in accordance with the
following procedure:
B. Definition of Grievance
1. A "grievance" is a written allegation by a unit member, submitted as herein specified,
claiming violation(s) of the specific express terms of this Memorandum for which
there is no Civil Service or other specific method of review provided by State or City
law.
2. The City continues to retain the format used for grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall be
null and void and will not be processed in accordance with this procedure.
C. Procedure
In processing a formal grievance, the following procedure shall apply:
A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
Step 1
The unit member shall reduce the grievance to writing by signing and completing the
grievance form provided by the City, and submit it to the second line supervisor
designated by the City or City designee within 14 calendar days of the initial
commencement of the occurrence being grieved or when the employee had reasonable
cause to become aware of such occurrence. Either party may then request that a
meeting be held concerning the grievance or they may mutually agree that no meeting
be held.
The second line supervisor shall, within 14 calendar days of having received the written
grievance or such meeting, whichever is later, submit a response thereto in writing to
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the Grievant and the Grievant’s representative if any. The time period for an appeal
begins when an email is sent to the Grievant's representative. (Grievance responses
may be emailed. Email to officestaff@afscme2960.org or local’s current email approved
by Local President. It is recommended that the fax is sent when the copy is given to
employee). The parties by written mutual agreement may skip from Step 1 directly to
Step 2 of the grievance procedure.
Step 2
If the written response of the Step 1 does not result in resolution of the grievance, the
Grievant may appeal the grievance by signing and completing the City form and
presenting it to the second level of review (Department Director designated by the City)
within 14 calendar days of the Grievant’s receipt of the Step 1 response.
Either party may request that a meeting be held concerning the grievance or may
mutually agree that no meeting be held. Within 14 calendar days of having received the
written grievance or the meeting, whichever is later, the second level of review shall
submit a response to the grievance to the Grievant and the Grievant’s representative, if
any. The time period for an appeal begins when an email is sent to the Grievant's
representative. (Grievance responses may be emailed. Email to
officestaff@afscme2960.org or local’s current email approved by Local President. ).
The parties by written mutual agreement may skip from Step 2 directly to Step 3 of the
grievance procedure.
Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The grievance,
as originally written and Step 1 and Step 2 responses, must be submitted to Labor
Relations within 14 calendar days of receipt of the Step 2 response. Labor Relations
shall, within 14 calendar days of the receipt of the grievance, meet with the department
head, or designee, and the Grievant and the Grievant’s representative, if any, in an
attempt to resolve the grievance. Labor Relations shall then submit a written response
to all parties within 14 calendar days of the meeting.
Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in resolution
of the grievance, the Grievant and the Union may, within 14 calendar days of having
received the Step 2 response, appeal the grievance by signing and completing the
City form and presenting it to Labor Relations. The time period for an appeal begins
when an email is sent to the Grievant's representative. (Grievance responses may
be emailed. Email to officestaff@afscme2960.org or local’s current email approved
by Local President. ). A Grievance Committee hearing will be scheduled at which
the Grievant shall be afforded the opportunity to fully present his position.
The Grievance Committee will consist of:
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Chairman: A City of Phoenix Department Director or a member of the City
Manager’s Executive Staff or a retired City Manager’s Executive Staff (at no cost)
as selected jointly by the Labor Relations Administrator and the Union President
through a pre-established list.
Member: A mutually agreed upon neutral member.
Member: The President or the President's designee of another civilian
union/association, other than the Grievant’s, representing employees with the
City.
At the beginning of each MOU year, the Union and the City will each select 5
Department Directors or members of current or retired City Manager’s Executive
Staff to serve on the Grievance Committee. No selected Department Director or
Executive Staff member will serve as a committee member when the grievance
involves his/her assigned department. Staff support to the Committee during the
hearing will be provided by Human Resources Department staff.
Before each Grievance Committee, the Labor Relations Administrator and the Union
President will either mutually agree upon one of the names, or the parties will take
turns striking names and the final name will be selected. Labor Relations staff will
then schedule the Grievance Committee meeting.
The Grievance Committee shall, within 10 calendar days of receipt of the appeal,
schedule a hearing regarding the grievance at which the Grievant shall be afforded
the opportunity to fully present his position and to be represented. A Grievance
Committee meeting shall be held within 60 calendar days of receipt of the appeal.
The Grievance Committee shall, within 10 calendar days of the conclusion of the
hearing, make advisory recommendation on the grievance and submit it to the City
Manager for final determination for those employees who have elected to use this
procedure instead of arbitration.
The Grievance Committee shall submit findings and advisory recommendation(s) to
the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated representative.
b. In lieu of such hearing, the Grievant and the Union may jointly invoke the following
procedure by submitting written notice to the Labor Relations Division within 14
calendar days of having received the Step II response. If the Grievant and the Union
so elects in writing within the above time limit, in lieu of such Grievance Committee
hearing, the grievance may be reviewed by an arbitrator.
The parties, or their designated representatives, shall agree on an arbitrator, and if
they are unable to agree on an arbitrator within a reasonable time, either party may
request the Federal Mediation and Conciliation Service to submit to them a list of 7
arbitrators who have had experience in the public sector. The parties shall, within
10 calendar days of the receipt of said list, select the arbitrator by alternately striking
names from said list until one name remains. Such person shall then become the
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arbitrator. The arbitrator so selected shall hold a hearing as expeditiously as possible
at a time and place convenient to the parties, and shall be bound by the following:
i. The arbitrator shall neither add to, detract from nor modify the language of the
Memorandum or of departmental rules and regulations in considering any issue
properly before him/her.
ii. The arbitrator shall expressly confine him/herself to the precise issues submitted
to him/her and shall have no authority to consider any other issue not so
submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City Law.
The arbitrator shall submit findings and advisory recommendations to the Grievant
and the City Manager, or their designated representatives. The cost of the arbitrator
and any other mutually incurred costs shall be borne equally by the parties. The City
Manager shall make the final determination of the grievance and submit it in writing
to the Grievant and his designated representative.
D. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City of the
rights accorded to the Union or unit employee by the specific terms of this Memorandum.
The Union shall file such grievance at Step 3 of the Procedure.
E. Group Grievance
When more than one unit member claims the same violation of the same rights allegedly
accorded by this Memorandum, and such claims arise at substantially the same time
and out of the same circumstances, a single group grievance may be filed in the name
of all such members. Such group grievances shall be filed at the Step of this Procedure
which provides the lowest level of common supervision having authority over all named
Grievant’s. Each unit member that is a party Grievant must be named and must sign
such group grievance.
F. Time Limits
If the City fails to answer a grievance within the time limits specified in Section 2-1 C, it
shall be deemed to have been denied and may be appealed to the next step under the
Article. If the Grievant or the Union fail to comply with said time limits, the grievance
shall be deemed to have been withdrawn without prejudice. The parties may extend
time limits by mutual written agreement in advance.
G. Notice to Union of Grievance Resolution
The City will put the Union on notice of proposed final resolutions of grievances where
the Union has not been designated as the Grievant’s representative for the purpose of
allowing the Union to ascertain that a final resolution will not be contrary to the terms of
this Memorandum.
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The City will ensure that a copy of every M.O.U. grievance filed by a unit member,
including the response from management, is forwarded to the Union at each step of the
process.
H. The City will not discriminate or retaliate against employees because of their exercise of
rights granted by this Article.
I. Regular full-time and regular part-time employees are covered by this grievance
procedure.
J. Employer grievances, should they occur as a result of Official Union activities or actions,
including the failure to act as required under this agreement, will be presented directly
to the Union president or any officer of the Union within 14 calendar days of the
occurrence prompting the grievance. The President, or designee, shall in each case
provide a written answer within 14 calendar days from receipt of the grievance.
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3
herein, provided that the employer shall bear the costs of the services of the arbitrator.
K. Municipal Court
It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Steps 2 and 3 that the designated "Department Head" is
the Executive Court Administrator, and the "City Manager's Office" or "City Manager"
shall mean the Presiding Judge, or his designee as provided in the procedure.
L. The City will be responsible for notifying the Grievant of any grievance meeting by work
and personal email (if available in eCHRIS), to include date, time, and place of any
grievance committee hearing. A copy will be sent to the Union by email to
officestaff@afscme2960.org. If a City representative or if the Grievant does not appear
at the Grievance Committee hearing, the party not appearing shall lose the grievance.
M. Arbitration
1. Independent Arbitrator:
Any unit member who is a classified employee having completed the prescribed
probationary period who has received a disciplinary demotion, suspension, or
discharge, and has a right to appeal that disciplinary action pursuant to the Personnel
Rules, may under the provisions of this article request the Civil Service Board appoint
as a hearing officer an independent arbitrator selected pursuant to the procedures
described in Section 3 below.
2. Appeal:
The Union, on behalf of the member, may request the selection of an independent
arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary
action. Such request must be made within 14 calendar days after the date of service
of notice of the order of suspension, demotion, or dismissal on him personally, or 21
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calendar days from the date of mailing by certified mail the notice of the order of
suspension, demotion or dismissal. The request must be in writing and must state
specific allegations in the discipline notice with which the employee disagrees. The
request must be personally delivered to the Board or deposited in the United States
mail, certified return receipt requested, postage prepaid, addressed to the office of
the Civil Service Board, within the above-stated time.
The Union on behalf of the employee will also immediately thereafter file copies
thereof with the complainant department head and the City Attorney. At the time the
Union files the request for hearing, it shall set forth whether the hearing will be public
or private.
3. Selection of Arbitrator:
Once an independent arbitrator is requested for a hearing, the Labor Relations
Administrator or his designated representative on behalf of the City and the Union
president or his designated representative on behalf of the member will agree on an
independent arbitrator within 10 calendar days after approval and appointment by
the Board of the appeal request. If an agreement on an independent arbitrator
cannot be reached within said 10 calendar days, either party may request that the
Federal Mediation and Conciliation Service (FMCS) or the American Arbitration
Association (AAA) provide a list with the names of 7 arbitrators with public sector
experience. In requesting such lists, the parties will stipulate that arbitrators should
be from within Arizona.
The parties will, within 7 calendar days of the receipt of the list, select the arbitrator
by striking names alternately until one name remains. The remaining name will be
designated as the independent arbitrator appointed by the Civil Service Board as the
hearing officer for the appeal. The parties will jointly communicate with the chosen
arbitrator to advise him of the appointment.
In the event that the chosen arbitrator is unable to accept the appointment as hearing
officer, the parties will either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
arbitrator from the original list. The independent arbitrator chosen will be designated
as the hearing officer appointed by the Civil Service Board for the appeal.
4. Time for Hearing:
When possible, the hearing date will be set within 30 calendar days from the request.
Delays may be granted by mutual agreement of the parties. However, any such
delay occurring at the request of the Union, will automatically be excluded from any
calculations of back pay to the employees, if any, as determined by the Civil Service
Board.
5. Hearing Procedures:
The hearing procedures will be the same as the procedures set forth in Rule 22d,
Personnel Rules of the City of Phoenix. In the conduct of the hearing, the hearing
officer will not be bound by the technical rules of evidence, nor will informality in any
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of the proceedings or in the manner of taking testimony invalidate any order,
decision, rule or regulation made or approved by the Civil Service Board.
6. Witnesses:
An employee appellant, or an employee subpoenaed as a witness, will be granted a
leave of absence from his/her regularly assigned duties during his/her regularly
assigned work hours without loss of pay for the time.
At the request of either party, the arbitrator will order that any witness who will testify
during the hearing be excluded from the hearing room until such time as they testify.
The City and the Union may exclude from the operation of this provision one
representative each of the City and the local Union.
7. Proposed Findings: Objections to Report:
Either party may file with the hearing officer written proposed findings of fact and
conclusions within 7 calendar days of the conclusion of the hearing. A copy of such
proposed findings and conclusions will be served on the other party at the same time
as filing with the hearing officer.
No later than 2 calendar days before the Civil Service Board meeting where the
appeal has been scheduled for hearing either party may file with the Civil Service
Board written objections to the hearing officer’s report. A copy of such objections will
be served on the other party at the same time as filing with the Civil Service Board.
No post-hearing evidence will be submitted.
8. Requirements:
The independent arbitrator selected by the parties pursuant to this article will be
bound by the following:
The independent arbitrator will neither add to, detract from, nor modify the language
of this Memorandum of Understanding.
The independent arbitrator will be expressly confined to the precise issues submitted
and will have no authority to consider any other issue.
The independent arbitrator will be bound by applicable Federal, State, and City laws.
9. Report:
Within 2 weeks of the conclusion of the hearing, the hearing officer/arbitrator will
forward all records and his report containing a statement of the findings of fact,
conclusions, and recommendations concerning the appeal to the Civil Service Board
and send a copy of the report to the parties. The hearing officer/arbitrator may
recommend to the Civil Service Board, the discipline be upheld or modified, or
rescinded pursuant to Personnel Rule 22 (e).
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10. Costs:
The cost of the independent arbitrator and other costs related to obtaining said
arbitrator will be borne equally by the parties. Each party will be responsible for its
own costs incurred in the hearing process, including but not limited to costs for legal
services, service of subpoenas, and expert witnesses.
11. Civil Service Board:
It is expressly understood that this article will not impinge on the powers and duties
of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City
Charter and Rule 22, Personnel Rules of the City of Phoenix.
12. Representation:
The parties agree that for the purpose of this article, the City will be represented by
the Labor Relations Administrator for the City of Phoenix or his designee and the
member will be represented by the President of AFSCME Local 2960 or his
designee.
Section 2-2: Labor-Management Committee
It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article.
There shall be a Labor-Management Committee consisting of representatives of the Union
and representatives of the City. The purpose of the Committee is to facilitate improved
labor-management relationships by providing an informal forum for the free discussion of
mutual concerns and to attempt to resolve problems brought to its attention. If requested
by one of the parties FMCS will be invited to attend.
Topics for discussion may be established and agreed to in good faith by both parties at the
beginning of each contract year and throughout the contract period.
Unit 3 will be involved in a RBO/Labor-Management Process in the Fire Department. The
Committee shall meet monthly or at other mutually scheduled times. For Fire Department
Sections in which Unit 3 members are the majority of employees (i.e., Dispatch &
Deployment, Fire Prevention), those Sections shall establish a Fire Department Labor
Management Committee consisting of the Section Head and Union Stewards within that
Section. The purpose of this Fire Department Labor Management committee is to enhance
service delivery models and address public safety employee-related issues. The Fire
Department Labor Management process is done through the facilitation and open
discussion of mutual concerns and problems which may include: implementation of major
department programs and/or substantial modifications of existing major programs that have
a significant impact on service delivery or work schedules. The Fire Department Labor
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Management Committee shall meet at least annually at mutually scheduled times, and at
other mutually agreed upon times as necessary. Representatives of the Union on the
Committee shall not lose pay or benefits for meetings mutually scheduled during their duty
time.
The parties will have monthly discussions on new city and departmental policies,
procedures, Personnel rules, etc.
The members shall, upon request for a meeting, provide the Chairman with proposed
agenda items and the Chairman shall provide the members with the meeting agenda in
advance of the meeting.
Based upon mutually agreed upon frequency, departments and the City will schedule
regular Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes; the outsourcing of services
currently performed by unit members which could directly result in a reduction in the number
of permanent Unit positions (“contracting out”); and Union participation on City Selection
processes.
Any signed/dated written Labor/Management agreements with the signatures of the parties
and the Chairman will be binding on the parties for the remaining term of the MOU.
Representatives of the Union on the Committee who are employees shall not lose pay or
benefits for meetings mutually scheduled during their duty time up to a maximum of 4 hours
per employee per meeting.
Clarification on defining the hours for shift differential and how it is applied across
departments with Unit 3 employees will be discussed in Labor Management
committee meetings.
Section 2-3: Health and Safety Committee
It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article.
The City will continue to undertake all reasonable efforts to provide for employee health and
safety in accordance with the State's Occupational Safety and Health law. Supervisors and
employees are committed to working together to ensure a healthy and safe work
environment.
A Unit employee may file, without fear of discipline, retaliation or discrimination, a grievance
when in his best judgment; the City has failed to comply with specific safety and health
standards promulgated by local, state and federal regulations. The City will continue its
practice of providing personal protective safety equipment to employees to protect them
from recognized safety and health hazards.
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In order to facilitate this policy, a joint committee entitled, "Health and Safety Committee"
shall be established. This Committee shall be composed of 2 unit members appointed by
the Union and 2 City representatives as designated by the City Manager. The chairpersons
shall rotate among the members.
The Committee shall meet quarterly at mutually scheduled times to consider on-the-job
safety matters referred to it by the existing departmental safety committees and safety
officers, or otherwise coming to its attention, and shall advise Department Heads and the
City Manager concerning on-the-job safety and health matters.
All written recommendations of the Committee shall be submitted to the Department Head
concerned and to the City Manager.
In the discharge of its function, the Committee shall be guided by the applicable regulations
of the State's OSHA agency, and the City's existing practices and rules relating to safety
and health, and formulate suggested changes.
The Union may review and suggest improvements to existing City building evacuation plans
and the City Safety Program.
Employee members of the Committee shall not lose pay or benefits for meetings mutually
scheduled during their duty time up to a maximum of 4 hours per employee per meeting.
ARTICLE 3: Compensation/Wages
Various sections of this MOU contain a form of compensation, wages, or benefits that have
been negotiated in good faith and may or may not provide a direct payment of wages or
other benefit to each member. Those forms of compensation, wages, or benefits that do
not provide a direct payment to each unit member have been negotiated in place of a direct
payment and costed as part of the overall economic package. Examples include: life
insurance, long term disability insurance, leave payouts, etc.
Section 3-1: Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This will
be paid as follows:
1. A 5.24% base wage increase, effective the first full pay period in July 2023.
2. Additional uniform allowance (See Sec. 5-6).
3. A change to the Employee Development Fund benefits (See Sec. 5-7).
B. Additionally, Unit 3 employees will receive a non-continuous payment of $2,776.00
for each full-time employee or $1,111.00 for each part-time employee to be paid
out on the first full pay period in August of 2023.
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The City will evaluate the American Rescue Plan Act and will provide a (non-
specified) percentage of premium pay as allowed by the legislation and deemed
appropriate by the City Council, balancing the needs of the community and
employees in their development of a strategic plan for the ARPA funds. The strategic
plan will follow guidelines provided by the Department of Treasury. This language will
expire at the conclusion of the 2021-2023 MOU.
C. It is understood that for implementation purposes, the practice of rounding of fractional
cents shall be done in accordance with accepted mathematical and accounting
principles.
D. Notwithstanding the rates of pay set forth in any appendix or attachment to the
agreement for reference, the term "pay schedule" shall mean the schedule computed
and published by the Human Resources Department for payroll purposes pursuant to
Council action in the pay and compensation ordinance.
E. Productivity Enhancement Pay
In recognition of dedicated service and overall performance, the City agrees to
implement the following Productivity pay formula for unit members:
1. a) Pay Benefits for those unit employees receiving payments during the prior fiscal
year:
On July 10, 2023 (paid July 28, 2023), and November 13, 2023 (paid December 1,
2023), unit employees who have completed at least six years (6) but no more than
up to 19 years of continuous full-time service and who meet the additional
qualifications specified in this section shall qualify for $100 for the completion of each
year of continuous full-time service in excess of 5 years, up to an annual maximum
of $2,800 at the completion of 19 years of continuous full time service.
On July 10, 2023 (paid July 28, 2023), and November 13, 2023 (paid December 1,
2023), unit employees who have completed 20 years or more of continuous full-time
service and who meet the additional qualifications specified in this section shall
qualify for $125 for the completion of each year of continuous full time service in
excess of five years, up to an annual maximum of $6,000 at the completion of 29
years of continuous full time service.
b) Pay Benefits for those unit employees receiving their first payment on or after July
1, 2014:
Effective the first paycheck in July (same qualifying date as semi-annual payments)
and the first paycheck in January (same qualifying date as semi- annual) payments,
unit members who have completed at least six years (6) but no more than up to 19
years of continuous full time service and who meet the additional qualifications
specified in this section shall qualify for $100, prorated and included each pay period
in the qualifying unit employee’s regular paycheck, for the completion of each year
of continuous full time service in excess of 5 years, up to an annual maximum of
$2,800 at the completion of 19 years of continuous full time service.
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Effective the first paycheck in July (same qualifying date as semi-annual payments)
and the first paycheck in January (same qualifying date as semi- annual payments),
unit employees who have completed 20 years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for
$125, prorated and included each pay period in the qualifying unit employee’s regular
paycheck, for the completion of each year of continuous full time service in excess
of five years, up to an annual maximum of $6,000 at the completion of 29 years of
continuous full time service.
2. Qualifications:
a) An employee must have completed at least one year of continuous full-time
service at the top step in his pay range. Qualifications for Productivity
Enhancement pay are made in the base class and will not be affected by
movement into or out of assignment positions. Productivity Enhancement pay
will not be affected by movements to positions within the same pay range.
When a position is reclassified to a higher classification, or when a classification
is assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which
corresponds the closest to their combined base pay and previous Productivity
Enhancement pay amount (incumbent’s annualized payment, and which does not
result in a decrease from that amount. The placement in the new range will be
limited to the maximum step in the range. If the reclassification or pay range
change only results in a maximum possible one-range increase, and the
incumbent is receiving Productivity Enhancement pay, the employee will be
moved to the top step and continue to be eligible for Productivity Enhancement
pay.
b) An employee must have completed 6 years of continuous full-time service.
c) An employee must have achieved the overall performance rating of “Met” on his
latest performance evaluation on file at the time of the qualifying date.
d) An employee must be on full time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the employee returns to active employment.
e) For those employees who are otherwise eligible for Productivity Enhancement
pay, an employee who receives a below “meets standards” evaluation shall
receive another evaluation within 90 days to 120 days, and if that evaluation is
“meets standards” or better, he will be eligible to receive the next scheduled
Productivity Enhancement payment.
3. Terms of Payment:
a) Payments will be made within 30 days of the qualifying date.
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b) Employees receiving semi-annual payment, who separate from City employment
after the qualifying date, but prior to the payment day, shall receive the payment
in their termination check.
F. Linguistic Pay
This provision is written to provide guidelines for paying Unit 3 members who are
authorized, certified, and required by management to utilize a language other than
English to conduct official City business.
1. Pay Benefits:
A unit member who meets the linguistic skills qualification as determined by a
management review panel and becomes certified shall be paid a premium of $75 per
month.
G. Unit 3 employees who receive an overall “Met” on their performance evaluation and are
eligible for merit shall receive it in accordance with the pay plan.
H. The Union President may bring recommendations for Special Merit Increases to a
Department Head for consideration on behalf of unit employees.
I. During the term of this MOU the City will provide an annual budget presentation to the
AFSCME Local 2960 Board. This presentation will be scheduled within 30 days of the
final budget being presented to Council.
Section 3-2: Overtime
A. Overtime is defined as time assigned and worked beyond the regularly scheduled work
week or daily work shift; it being understood that overtime for all unit members who
normally work a daily work shift of 8 consecutive hours, including a paid meal period on
the job, is defined as time assigned and worked in excess of 40 hours in a 7 day work
period or 8 hours per daily shift including paid meal breaks.
Overtime for unit members assigned to a 4/10 work week schedule is defined as time
assigned and worked beyond the regularly scheduled 10 hours per shift or 40 hours per
week.
There shall be a minimum of 12 hours off between shifts for unit members working a
4/10 and 5/8 schedules. If this is not possible, the employee shall receive overtime
compensation at their regular rate of pay for each full hour, or fraction of hour, worked
within the described 12 hour period for a 4/10 or 5/8 schedule.
This language only applies to employees who work 2 full shifts. A shift holdover is
considered a continuation of the regular shift. Employees cannot receive overtime
compensation and 12-hour rule for the same hours worked (i.e., no pyramiding). If an
employee works less than a full shift either before or after his/her regular shift, the 12
hour rule does not apply. See Appendix E for examples.
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B. Duly authorized paid leave time shall be considered as time worked for the purposes of
calculating premium overtime pay during the regularly scheduled work week (but not
daily workshift).
C. Overtime work shall be compensated at 1 ½ times the regular rate, or compensatory
time at 1 ½ times up to a maximum accumulation of 300 hours of compensatory time,
exclusive of any premium or bonus pay. Authorized overtime hours worked in excess
of 300 hours shall be paid in cash. There shall be no compounding or pyramiding of
overtime pay with regular or premium pay.
Requests for use of compensatory time shall be subject to approval of supervision based
upon operational and scheduling factors. Guidelines for administration of compensatory
time or cash payment of overtime are contained in this Memorandum of Understanding
in Attachment "D."
A unit member may convert accumulated compensatory time credits to cash, up to a
maximum of 120 hours in no more than two, 60 hour increments, by notifying the
Department payroll staff in writing of such intent no later than November 1 (payment will
be made on or before December 15) and no later than July 31 (payment will be made
on or before August 31).
D. Call-Out Pay
An employee shall have a minimum of 3 hours pay at overtime rates when called out for
work after leaving City facilities at a time other than his regularly assigned shift, or when
he is called out for overtime work while on stand-by pay.
Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate 45 minutes after being relieved from duty. This
45 minutes travel time shall be included in the minimum guarantee and shall be paid
only if the total work and allowed travel time exceed the minimum. Where employees
are assigned take-home transportation, they will not be allowed the 45 minutes travel
time. Travel time shall not apply when the employee is working on overtime which was
planned in advance. An employee requested to report early, before the normal starting
time of the shift, shall not be eligible for travel time, but would qualify for overtime for the
extra hours.
Provisions of this section shall be interpreted in a manner which complies with the Fair
Labor Standards Act.
At times when employees are required to work scheduled overtime, they will receive a
minimum of three hours, at 1 1/2, providing said overtime is not immediately preceding
or following his regular work hours.
Remote Access Support
Employees called to perform work by remote access, such as VPN, shall receive a
minimum of 30 minutes pay at the overtime rate or the actual amount of time expended,
whichever is greater. The employee will be paid at the overtime rate in quarter hour
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increments for each remote access support response after the initial response. Calls
placed closer than 30 minutes shall be treated as a single event and subject to the actual
time worked or minimum payment.
Telephone Support
Employees called to perform work by means of telephone support shall receive 30
minutes pay at the overtime rate or the actual amount of time expended whichever is
greater. The employee will be paid at the overtime rate in quarter hour increments for
each telephone support response after the initial response. Calls placed closer than 30
minutes shall be treated as a single event and subject to the actual time worked or
minimum payment.
E. Cash compensation for all overtime will be at 1 1/2 times the regular rate after the first 7
minutes assigned and worked beyond the end of an employee's regularly scheduled
shift, calculated to the nearest quarter hour. There shall be no compounding or
pyramiding of overtime pay with other regular or premium pay except as required under
Fair Labor Standards Act.
F. Off Duty Physician Appointments
When, at the direction of the immediate non-unit supervisor, unit members being treated
by the authorized and designated City physician at times they are not scheduled to be
on duty nor are on paid leave or disability benefit status, shall be entitled to overtime
compensation in accordance with Article 3 hereof. This compensation shall be at a
minimum of one hour or based on actual check-in and check-out time recorded by health
center staff.
G. Overtime shall be worked and shall be allowed if assigned by the non-unit supervisor or
other authorized representative of the City. The City shall endeavor to be equitable in
the distribution of voluntary overtime amongst qualified employees or crews of
employees within the same classification, function, work location, and shift. Seniority
may be used as a factor in determining the assignment of overtime work. Other factors
include work history, skill level, assigned equipment, etc. The City will make available
to the Union, upon request, reports of overtime worked by unit members on a quarterly
basis. Overtime shall be voluntary, except however, the City reserves the right to assign
overtime in the event insufficient employees volunteer, or to avoid inadequate staffing,
or to insure timely service delivery, or to conduct mandatory training.
When a unit member is off duty or on leave and is contacted by telephone by his
supervisor for purposes other than callout or a supervisor approves of the making or
receiving of the call, the unit member will be paid at time and one-half his regular rate of
pay for each quarter hour calculated to the nearest quarter hour (over 7 minutes goes
to the next quarter hour). There will be no compensation for calls under 7 minutes.
A unit member has the option of donating accrued vacation or compensatory time to
another City employee in accordance with Administrative Regulation 2.144.
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Section 3-3: Out-of-Class Pay
A unit member who is temporarily required to serve in a regular authorized position in a
higher classification shall be compensated at a higher rate of pay in accordance with the
following:
A. To be eligible for the additional compensation, the unit member must first accumulate
10 regular working shifts of assignment in the higher class within any 24 month period;
satisfactory performance during a previous appointment to the higher class will be
credited to the qualifying period. The days of out-of-class assignment need not
necessarily be consecutive. Once this qualification is satisfied, no additional re-
qualification will be required. The unit member must be specifically designated in writing
to perform out-of-class duties.
B. Temporary assignments out-of-class shall be recorded only in full shift units. A unit
employee working out-of-class for 5 hours work for a 10 hour shift and 4 hours work for
an 8 hour shift shall be credited with working out-of-class for the entire shift. No
out-of-class credit shall be given for out-of-class work of less than 5 hours for a 10 hour
shift and 4 hours work for an 8 hour shift.
C. To qualify for out-of-class pay, a unit member must be assuming substantially the full
range of duties and responsibilities of the higher level position. Out-of-class pay is not
authorized, for example, if the organization of a work unit is such that each unit member
carries on his normal duties during the temporary absence of a supervisor, without a
need for the direction which the supervisor would provide on a longer term basis.
D. 1. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.
2. When authorized, time worked out-of-class may earn experience only credit toward
completion of experience requirements in lieu of existing experience requirements
for promotion to those classifications where such out-of-class work was performed
in a certified position.
E. A unit member who has qualified under these provisions shall be compensated at the
minimum rate established for the higher class for each completed work shift served in
the higher class. In the event of overlapping salary ranges, a one-step differential shall
be paid for out-of-class assignments. The higher rate of pay shall be used in computing
overtime when authorized overtime is served in out-of-class work assignments; the
overtime rate shall be the rate established by the overtime regulations that apply to the
higher rank.
F. The City shall not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.
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Section 3-4: Sick Leave Cash Out Formula
A unit member who has accumulated a minimum of 750 qualifying hours or more of accrued
and unused sick leave at the time of a duty related retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.
Additional language of this Section 3-4 is contained in Attachments B and C.
Section 3-5: Shift Differential Pay
Unit members shall receive $.60 per hour in addition to their hourly rate of pay when working
a night shift which ends at or after 10:00 p.m. (9:00 p.m. in the Library Division) and before
midnight, and $.80 per hour in addition to their hourly rate of pay when working a night shift
which includes work during the period after midnight to 3:00 a.m. Shift differential shall
continue be paid at the rate of the regular shift for any additional hours worked following the
regular shift.
Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time. If an employee works a 2nd or 3rd shift for 6 hours or
more, they will receive a shift differential.
Employees participating in a 4/10 work schedule shall receive $.60 per hour in addition to
their hourly rate of pay when working a night shift which ends between 10:00 p.m. and 3:00
a.m., inclusive; and $.80 per hour in addition to their hourly rate of pay when working a
regular night shift which ends after 3:00 a.m.
A Unit member shall receive 10 cents per hour in addition to his base hourly rate of pay and
any other shift differential or any other premium pay he may be receiving for working a
weekend shift. A designated weekend shift is defined as any shift that starts on or after 2
PM on Friday and continuing through any shift that starts on or before, but not after 11:59
PM on Sunday.
A Unit member who is called out and works between 2:00 PM on Friday and 11:59 PM on
Sunday will be paid weekend shift differential for all hours worked at the rate specified in
this article.
Section 3-6: Stand-By Pay
When a unit member is required to be available for immediate emergency call-back at times
when the member is not otherwise on duty, the member shall be compensated for such
stand-by hours at $3.00 per hour. Members serving in stand-by assignments shall be
subject to contact requirements as provided for by the Department Head.
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Section 3-7: Show-up Time
Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself for work as scheduled, shall be paid for at
least 4 hours at the hourly or applicable rate of pay. If work on the employee's regular job
is not available for reasons beyond his control, the City may, at the City's discretion, assign
the employee substitute work.
Employees who start work and are later compelled to stop because of inclement weather
or other conditions beyond their control shall be paid for the hours they work, but they shall
be paid for not less than 4 hours at the straight time rate.
Employees released hereunder prior to the end of their regular shift may be required to
stand-by and keep themselves available for immediate call-back during the balance of their
regular shift (for which time they shall be entitled to stand-by pay under Article 3, section 3-
6, "STAND-BY PAY" hereof). An employee may request the use of any accrued leave time,
exclusive of sick leave, to cover the balance of his regular scheduled work shift. Employees
called back to work shall be entitled to their hourly rate of pay for the balance of their
regularly scheduled shift.
Section 3-8: Jury Duty Pay
Pursuant to A.R. 2.24, as amended, a unit member called for jury duty or subpoenaed by a
court as a witness shall be granted a leave of absence from municipal duties without loss
of pay for the time actually required for such service and may retain jury or witness pay,
except where such testimony or witness duty is the result of a unit member's official duties
as a City employee.
To be eligible for paid leave for jury or witness duty, an employee must present verification
of his call to jury duty or witness duty.
Paid witness leave shall not be allowed when the unit member is the defendant, plaintiff or
voluntary character witness in a court action.
Subject to operational and scheduling needs, unit members whose regular work shift is
worked after 5 p.m. and prior to 8 a.m. may be allowed by management to be assigned to
the day shift during the period of jury duty service. The member will be responsible to notify
their supervisor as soon as they are notified for jury duty by a court.
Call Out Pay for Court Time:
When, as a result of his official duties, a Unit member is required to appear as a witness at
a time that the employee is not otherwise on duty, the employee will receive a minimum of
3 hours pay at 1 ½ his regular rate of pay, except that an employee shall not be eligible for
additional compensation during that 3 hour period.
Court Time Stand-By:
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When a Police Department Assistant, Crime Scene Specialist, or Commercial Vehicle
Inspector receives a subpoena or other notice requiring him to stand-by to appear in court
to testify concerning the performance of his official duties at a time other than his regularly
scheduled shift, he shall be compensated the greater of either $100 per day for each day
the subject court proceeding is in session and the Unit member is subject to call, or in
accordance with the current provisions of the Fair Labor Standards Act for the term of this
agreement or for so long as the Act is applicable.
Subject to operational and scheduling needs, full-time Unit 3 employees whose non-
traditional work schedules include N-days may be allowed by management to be provided
an alternate N-day during the pay week for hourly employees (when the date of jury service
falls on the employee’s regularly scheduled N-day).
Section 3-9: Deferred Compensation Program
The City shall contribute an additional 0.75% of each Unit employee’s monthly base wages
for a total of 2.36% to the City Deferred Compensation Plan.
Section 3-10: Compensation for Approved Training
Any Communication Dispatcher assigned to the Aviation or Fire Departments and Police
Communications Operator who is selected by their Department to conduct department
approved field training will be paid a one-step differential or a minimum of 3%, whichever is
higher, for those hours actually spent training other staff members.
ARTICLE 4: Hours of Work/Working Conditions
Section 4-1: Hours of Work
A. This Article is intended to define the normal hours of work and to provide the basis for
calculation and payment of overtime pursuant to Article 3, section 3-2. Unit members
may sign individual statements waiving the provisions of this section concerning
consecutive days. Signed waivers shall continue in effect per M.O.U. year, unless there
is an emergency of long-term duration affecting the employee. In which case, the
employee will give the City at least ten calendar days notice in order to revoke the
waiver.
The City, in collaboration with the Union, may experiment with flextime schedules when
all the following conditions are met:
a. Approval of Department Head
b. Approval of Union President
c. Mutually agreed schedule between Unit Member and Supervisor
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d. Signed waiver
The regular work day and regular work week shall consist of 5 consecutive days of 8
hours or 4 consecutive days of 10 hours of work excluding unpaid meal periods in a 7
calendar day pre-established work period, except in those departments performing
normal services regularly on Saturday and/or Sunday, with the following exceptions:
1. To the extent that Library schedules do not conform to the above provision, it is not
intended nor shall this section change such scheduling practices in the Library
Division.
2. The shift schedule for unit members in the Fire Dispatch Operation shall be subject
to change during the term of this Memorandum, when such is conducive to efficient
operations in the judgment of department management. The Union shall be advised
of such changes in advance in the Labor-Management Committee (Article 2, section
2-2).
3. Exceptions to this Section may be made for Detention Officers in the Police
Department.
The City and Union will discuss aligning the definition of the start date of the shift in
Labor-Management meetings.
B. Regular work schedules showing the employees' shifts, work days, and hours shall be
posted where accessible to employees.
C. Except for emergency situations, permanent regular work schedules shall not be
changed without notice of at least 14 calendar days to the affected employee(s). Full-
time unit members shall be given notice of at least 14 calendar days when there is a
change in their permanent work location. Excluding employees of Parks or City
Clerk, part-time employees who have one permanent work location shall be given
notice of at least 14 calendar days when there is a change in their permanent work
location. "Emergency" hereunder shall mean unforeseen operational circumstances.
When used in the context of this article, operational circumstances will be defined as
service demands or other required actions performed to accomplish the mission of the
department. These actions may be routine (anticipated) or emergency (unanticipated).
For routine operational actions, 14 calendar days notice will be given to change
permanent regular work schedules. For emergency operational actions, unit members
will be provided as much advance notice and information as the situation will allow.
When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City will
notify the Union of such changes or new schedules within 7 calendar days notice.
Employees may request to be changed to another work schedule, and when a position
on such schedule becomes vacant and available, shall be so reassigned on a seniority
preferred basis when qualifications and experience are deemed to be equal by the City.
(See Article 4, section 4-4 Seniority)
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D. Employees engaged in continuous operations are defined as being any employee or
group of employees engaged in an operation for which there is regularly scheduled
employment for 24 hours a day, 7 days a week.
The work week for employees engaged in continuous operations shall consist of 5
consecutive days of 8 hours of work or 4 consecutive days of 10 hours of work, excluding
unpaid meal periods. This provision shall not apply to relief positions.
E. Unit 3 employees' regularly scheduled workday will be determined by the actual calendar
date that they start their shift.
Section 4-2: Rest and Lunch Periods
A. Scheduled work shifts shall include meal periods to be observed as follows:
5 DAY WORK WEEK MEAL PERIOD
8 hours 30 minutes on the job, paid at straight time
8-1/2 hours 30 minutes, unpaid
9 hours 60 minutes, unpaid
4 DAY WORK WEEK MEAL PERIOD
10 hours 30 minutes on the job, paid at straight time
10-1/2 hours 30 minutes, unpaid
11 hours 60 minutes, unpaid
Schedules for Police Assistants and Police Aides, in the Police Department shall include
a paid straight-time meal period of 1/2 hour on the job.
Two (2) paid non-work periods of 15 minutes during the above scheduled work shifts
shall be permitted to promote the health, safety and efficiency of employees on the job.
A unit member may request a flextime schedule. If work demands preclude a unit
member from taking an unpaid lunch period, they will receive compensatory time at 1 ½
x for the missed meal period, provided they have received prior authorization from their
supervisor for working through the lunch period and they have worked more than 40
hours that week. When a Unit member does not receive a paid meal period, the meal
period shall be uninterrupted and duty-free. For paid straight-time meal periods of 1/2
hour, the intent is for the employee to have a break from their work station during this
period, but the employee must be available for immediate call-back to work when
necessary. When work demands permit, with a supervisor’s approval, a Unit employee
may combine their 30 minute meal period with one of their 15 minute rest periods to
achieve a 45 minute meal period. This paid leave time counts as hours worked.
B. Activities of employees during above non-work periods shall not be subject to any
unreasonable restrictions.
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C. When a Unit member works overtime of 2 hours or more in addition to their daily work
shift, they shall be entitled to an additional 15 minute break. Every additional 2 hours of
overtime will entitle an employee to an additional 15 minute break.
After 4 consecutive hours of overtime in addition to their daily work shift, a unit member
shall be entitled to a paid meal break of 30 minutes but in no event shall a unit member
be entitled to more than one such break for every 8 consecutive hours of overtime.
Section 4-3: Clean-up Time
Unit employees will be given time, in keeping with past practice, at the end of a normal daily
shift for personal clean-up. Such time is in addition to and exclusive of any time the City
requires be spent for maintaining equipment.
All departments shall provide field employees with the appropriate clean up kits/ materials,
upon request.
Employees shall be allowed reasonable time, as necessary, for personal cleanup prior to
the commencement of lunch and break periods.
The intent of the above provision has always been to allow field employees who need
personal clean-up prior to rest or lunch periods a reasonable amount of time to do so. Clean-
up material should be supplied on an as needed basis to field employees. If the field
supervisors and employees act reasonably in addressing the issue, everyone will have a
more healthy and safer work environment.
Section 4-4: Seniority
A. Seniority shall be by length of service within a class. If seniority within the class is not
determinative, then length of service with the City shall prevail.
B. Seniority shall be used as a factor consistent with established Civil Service procedures
and Personnel Rule 14 in choice of work assignments, vacation schedules, and in the
determination of lay-offs.
ARTICLE 5: Benefits
Section 5-1: Health Insurance
A. The City and Union agree to maintain the current 80/20 split for health insurance for
both single and family coverage. If there is a rate increase or decrease, the City shall
pay 80% of the new monthly contribution and the employee will pay 20%.
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B. The City agrees to the continuation of a Healthcare Taskforce for the purpose of studying
existing plans and to explore alternative plans. The Taskforce shall include
representatives from the City and a Local 2960 representative.
C. It is understood between the City and the Union that the City's monthly contributions will
not, under any circumstances, exceed the actual premium cost.
D. The City will maintain an Employee Assistance Program which will provide confidential
individual and family counseling to all unit members and their eligible dependents.
These services will be furnished by an independent contract agency to be chosen by the
City.
E. Employees in positions in classifications 320 and below will receive a health insurance
supplement allowance of $66.50 two (2) times a year to be paid in August and February.
Regular bargaining unit employees must be enrolled in current City Health Insurance
Program to receive this benefit.
F. All Unit 3 Police employees will be included in coverage of the Police Officers Assistance
Program.
G. The following chart reflects the MERP benefits for unit employees eligible to receive
MERP as determined on August 1, 2007. It is understood the MERP amounts listed are
not subject to modification through contract negotiations but may be increased by the
City.
Retiree with less than 5 years of active City credited service. $117 per month
Retiree with at least 5 years but less than 15 years of active City $135 per month
credited service.
Retiree with at least 15 years but less than 25 years of active $168 per month
City credited service.
Retiree with 25 or more years of active City credited service. $202 per month
H. An additional Medical Expense Reimbursement Plan (MERP) supplement of $100 will
be paid to unit employees who retire on or after July 1, 2007 and are within 15 years of
becoming retirement eligible as of August 1, 2007 and who choose the City’s family
coverage. This additional MERP amount will be paid until retirees reach age 65. Any
unit employee who retires after July 1, 2009, and is eligible to receive MERP, as
determined on August 1, 2007, will receive this additional MERP amount for either family
or single coverage until age 65. This credit is applied directly to the retiree’s premium
deduction.
The $150 monthly allowance for Post Employment Health Plan accounts (PEHP)
continues for all qualifying employees eligible to retire after August 1, 2022. (The
date of an individual's retirement eligibility was determined on August 1, 2007).
I. In the event of the death of a unit member while on duty or while performing a job function
as determined by the City, the City will continue to pay the full monthly health insurance
premium for the spouse or domestic partner and all eligible dependents. Should the
surviving spouse or domestic partner remarry, the benefits of this provision may continue
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through COBRA. The policy is retroactive to any reported and known In-Line-of-Duty
death of a Unit member from July 1, 2010 to June 30, 2019.
Section 5-2: Dental Insurance
The City shall pay the full premium costs for single coverage for employees enrolled in the
base dental HMO or PPO plan and 75% of the premium costs for family coverage for a City
dental plan. If an employee selects a dental plan other than the base HMO or PPO, the
employee will pay the difference between the PPO plan and the selected plan.
The plan shall consist of 80% payment of reasonable and customary charges covered for
preventive and diagnostic services, basic services, and major services. The plan shall also
include an orthodontia benefit providing for 80% payment of reasonable and customary
charges up to a maximum lifetime benefit of $2,500 per person. This plan is subject to the
deductibles and limitations contained in the contract between the dental insurance carrier
and the City of Phoenix.
Effective August 1, 2003 the orthodontia benefit shall be $4000 dollars.
Section 5-3: Life Insurance
The City will provide at no cost to unit employees off-the-job and on-the-job life and
dismemberment insurance with a face value equivalent to the employee's gross annual
salary rounded up to the next $1,000 or $25,000, whichever is greater; in addition, the City
will also provide death-in-the-line-of-duty insurance with a face value of $75,000.
It is understood between the City and the Union that any negotiated changes in life
insurance benefits shall be effective on or about January 1. The designated beneficiary of
a unit member will be paid for all accumulated sick leave hours that remain on the City's
official file at the time of a line-of-duty death of the unit member and payment will be based
upon the unit member's base hourly rate of pay at the time of death. The beneficiary shall
be that person designated in the eCHRIS Benefits portal for the City of Phoenix Group Life
Insurance Program on file in the City Human Resources Department.
Additionally, the City will provide to each unit employee a $200,000 death benefit covering
the unit employees commutation to and from his City work location. This policy will be
consistent with the current City Life Insurance carrier, and will cover the unit employee’s
commute for up to two hours before his shift begins, and two hours after his shift concludes.
In the event of the death of a unit employee while commuting to or from his work location,
for a period of two hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. This policy will be consistent
with the terms of the current City Life Insurance carrier, for the payment of a supplementary
commutation life insurance policy for each unit employee.
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Accumulated sick leave hours on the city’s official file at the time of an active unit member’s
death will be paid. Payment will be based upon the member’s base hourly rate at the time
of death.
Upon receipt of invoice, the City will reimburse the Union up to $6.00 per month per
full-time unit employee for premiums and reasonable administrative costs incurred
by the Union sponsored life/long term care insurance benefit. Labor Relations must
approve all associated administrative costs prior to reimbursement; however,
approval will not be arbitrarily withheld.
Section 5-4: Long-Term Disability
The City will offer a long term disability benefit for all full time, regular unit employees
pursuant to A.R. 2.323 as may be amended (providing that such amendments shall not be
in conflict with the MOU). Employees who have been continuously employed and working
on a full-time basis for 12 consecutive months are eligible to apply for long term disability
coverage. After an established 90 calendar day qualifying period, the plan will provide up
to 66 2/3% of the employee's basic monthly salary at the time disability occurs and continue
up to age 75 for employees who have been employed full-time for 36 months and one day.
This benefit will be coordinated with leave payments, industrial insurance payments,
unemployment compensation, social security benefits and disability provisions of the
retirement plan.
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than 30 months.
Employees participating in the long term disability benefit as of June 30, 2012 will continue
under the previous benefit rules until they return to work or achieve the maximum age of 80
for benefits.
Section 5-5: Holidays and Vacations
A. The City agrees to incorporate into the Memorandum the benefits provided under
Administrative Regulation 2.11, as amended, modified to indicate the following holidays.
Employees, except those on hourly paid status, shall, when possible without disrupting
the various municipal services, be allowed the paid holidays listed below:
New Year's Day - January 1
Martin Luther King’s Birthday - Third Monday in January
President's Day - Third Monday in February
Cesar Chavez’s Birthday - March 31
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran's Day - November 11
Thanksgiving Day - Fourth Thursday in November
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Friday after Thanksgiving Day
Eve of the Christmas holiday - 4 hours
Christmas Day - December 25
Three vacation days- After completion of six months of full-time employment
added to vacation bank of hours
When a holiday named herein falls on Sunday, it shall be observed on the following
Monday, and when a holiday herein falls on a Saturday, it shall be observed on the
preceding Friday, except that in the case of 6 day operations and in the Library
Department such holidays may be observed on Saturday, and in the case of continuous
operations and seven day operations, holidays shall be observed only on the calendar
days on which they actually fall. This paragraph shall not apply to the Eve of Christmas
holiday, which shall only be granted when it falls on the employees' regular scheduled
work day.
A unit member working in a continuous operation, whose regularly scheduled day off
falls on a holiday specified above, and who is scheduled or called in by management to
work a regular shift on such holiday and scheduled day off, shall be compensated as
follows: 8 hours pay for the holiday plus pay at 1 1/2 the regular rate for each hour
assigned and worked, plus compensatory time credit for each hour assigned and worked
to a maximum of 8 hours.
B. Vacation accrual, carryover, and separation payout shall be governed by the following
table:
SERVICE MONTHLY MAXIMUM PAYOUT
YEARS ACCRUAL CARRYOVER
0-5 8 hours 232 hours 280 hours
6-10 10 hours 280 hours 340 hours
11-15 11 hours 304 hours 370 hours
16-20 13 hours** 352 hours 430 hours
21 + 15 hours** 400 hours 490 hours
**In the last three years of service an additional 80 hours may be carried over into a
new calendar year.
Unit members shall be allowed vacation buy out twice per calendar year, on the last
paycheck of November and/or May. The total annual buy out is up to a maximum of 80
hours taken in no more than 40 hour increments, after the employee has accumulated
a minimum of 120 hours and has used 40 hours of vacation/comp-time during the
calendar year.
Unit members may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness of an employee or their immediate family member.
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To every extent practicable, a transferred unit member will be allowed to maintain his
previous vacation schedule.
C. Through Labor-Management Unit 3 established a pilot program for unused vacation time
that unit members would lose since it could not be carried over into the next calendar
year. A bank was established and the time was donated to Unit 3 employees with a
petition on file per A.R. 2.144. The City agrees to continue the pilot program during
the 2023-2024 MOU.
Section 5-6: Uniforms
A. Uniform Allowance
Unit members employed by the Police Department or Fire Department who are required
to purchase, wear and maintain uniforms pursuant to Police or Fire Department rules
and regulations shall be entitled to an annual uniform allowance in the below listed
amounts for the appropriate listed classifications:
Job Classification Allowance
Police Assistant/Special Detail $1150 per annum
(Assigned to Patrol or Transit functions)
Police Assistant $725 per annum
Detention Officer $1150 per annum
Police Aide $725 per annum
Police Communications Operator $725 per annum
Fire Prevention Specialist Trainee $725 per annum
Fire Prevention Specialist assigned to Fire Dept. $1150 per annum
Fire Prevention Specialist assigned to other depts $725 per annum
Court Security Officer $725 per annum
Fire Emergency Dispatcher/Lead $725 per annum
Municipal Security Guard $725 per annum
(Part-time employees receive
80% of full-time allowance
($580) in Library Dept only)
Municipal Security Guard in Police $1150 per annum
(Required to wear Class B or C uniform)
Crime Scene Specialist $725 per annum
The City will issue a one-time $200 winter uniform jacket allowance to for outdoor work
to the following classifications and assignments:
Police Assistants assigned to Parking Enforcement Detail
Police Assistants assigned to Patrol or Police Transit
Detention Officers
Crime Scene Specialists
Municipal Security Guards in Police, Water and Public Transit
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Police Assistants, Detention Officers, Municipal Security Guards in all departments,
Police Assistant-Transit and Police Assistants and Crime Scene Specialists in public
facing positions, as well as Operations Assistants in Aviation working non-secured side
of airport who purchase a new ballistic vest, upon showing proof of purchase, shall be
reimbursed an amount up to, but not exceeding $1,000. Upon replacement, a qualified
employee as listed in this section shall be entitled to the $1,000 reimbursement every 5
years after initial purchase.
In lieu of the $100 employees in the job classifications of Fire Emergency
Dispatcher/Lead previously received from the City/Fire Department for additional
uniform items, employees in these job classifications will now receive an equivalent
uniform allowance of $100. Payment to be made on or about August 1 of each MOU
year.
1. Payment of the annual allowance will be made on or about August 1 of the fiscal year
and shall be for the period of July through June, and is intended to cover the cost of
uniforms, maintenance, and cleaning of such uniforms.
2. New employees will receive the entire annual uniform allowance within 30 days of
the time they are directed to wear and maintain a uniform.
The second uniform allowance, received at the start of the next fiscal year, will be
equal to 1/12 of the annual uniform allowance for each month of the preceding fiscal
period, starting with the first month the employee was directed to wear and maintain
a uniform, to the start of the new fiscal year.
3. Unit members who leave City employment shall repay to the City the uniform
allowance equal to 1/12 for each month remaining in the fiscal year after the last day
of the month in which the separation occurs. Provided, however, that unit members
who retire will not be required to repay any uniform allowance.
The family or beneficiary of a unit member who dies while in the employment of the
City shall not have to pay back any uniform allowance.
4. A unit member who has been on extended leave (paid or unpaid) of 2 months or
longer shall have the next annual uniform allowance reduced by 1/12 of the annual
amount for each month of extended leave.
5. An employee who has received an allowance under this agreement and is
subsequently promoted or transferred into a Public Safety Retirement System
position shall have his allowance adjusted to accommodate the difference but shall
not be entitled to both allowances.
6. Reimbursement Schedule
The City agrees to reimburse all unit members for the repair or replacement of
uniform items and for other personal property damaged in the course of employment
and performance of their assigned duties without fault or negligence on the part of
employees, other than normal wear and tear in accordance with the schedule of
items and maximum amounts authorized for reimbursement outlined below:
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Uniform Boots/Shoes - Full Cost
Uniform Trousers - Full Cost
Uniform Shirt - Full Cost
Uniform Jacket - Full Cost
Glasses - Prescription $130.00
Watches - $52.00
Jewelry - $44.00
Flashlight - $21.00
Sun Glasses - $17.00 Non-Prescription
Safety Vest - Full Cost
Reimbursement for full, 3/4, 1/2, 1/4, value are based on the supervisor's evaluation
and recommendations of the article's condition and age. Items not listed above are
not covered by the policy.
The option to repair or replace damaged items, and to determine whether replaced
property will be returned to the employee, rests with the City.
The provisions of this policy shall not apply if the employee has concealed or
misrepresented any material fact or circumstances concerning the subject of the
loss, his interests therein, or in the case of any fraud or false statements by the
employee relating thereto.
Any item not specifically mentioned may be discussed in a meeting of the
Labor-Management Committee.
7. Prior to changing or modifying current uniforms, the City will notify the Union, in
writing, with a minimum of 30 calendar days notice of its intent. The Union may
at any time request the Labor-Management Committee meet to discuss changes and
modifications to the current uniforms.
HONOR Guard – Prior to any formal recognition of the Unit 3 Honor Guard, the City and
Union will determine the Honor Guard fund management, uniforms, policies, and
procedures in Labor-Management meetings. A good-faith effort will be made to
schedule these Labor-Management meetings within 8 weeks of the contract start date.
The AFSCME Local 2960 Honor Guard is a professional organization that represents
the City of Phoenix at official events, memorial services and employee funerals. The
AFSCME Local 2960 Honor Guard was established in January 2015 after the LODD
loss of Unit 3 employee Megan V. Lange. The 501c3 was formalized during the 2016-
2019 contract MOU at the request of the City during negotiations to help institute formal
recognition of the Honor Guard. Through the work of AFSCME Local 2960, a registered
501c3 non-profit association (ID #82-08366266), the Honor Guard provides public
education and community service. Each year of this agreement, the City will direct
$25,000 to a fund maintained by the City, which has been charged to the total
compensation of the Unit 3 economic package, to support the work and related
expenses of maintaining the Honor Guard. The Union will submit receipts to the City for
reimbursement. If the entire $25,000 is not used in the first year of the MOU the balance
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will carry over into the following year not to exceed $50,000 during the term of this MOU.
Funds not used by the end of the MOU will be credited to the Unit 3 package for the
following contract.
Section 5-7: Tuition Reimbursement
A. Unit members who participate in the Tuition Assistance Program shall be eligible for
tuition reimbursement pursuant to the following provisions:
1. For the 2023-2024 fiscal years, an employee may submit tuition expenses incurred
in the prior fiscal year such that the maximum total reimbursed does not exceed
$13,000 across any two-year period.
2. To be eligible for any reimbursement, unit members must have successfully
completed academic or training courses approved by the department head and the
Human Resources Director as provided in existing regulations.
B. Tuition reimbursement in accordance with this Article will be made in the event an
employee's approved course of instruction is terminated solely and directly as a result
reimbursement shall not occur in the event of any other voluntary or involuntary change
in job assignment or employment status.
C. The City will reimburse unit members for expenses incurred as a result of requiring and
maintaining certification required by the City for Building Inspectors, Construction Permit
Specialists, and Operation Assistants Air side, and Fire Prevention Specialist once they
pass the test, on a one time basis only. The City will not reimburse unit members for
classes the City provides at no cost, or for classes the City identifies for unit members
to be taken at no cost.
D. Unit classifications at pay range 324 and above shall be allowed to utilize up to $225 to
attend one-day, in-state, city-related seminars/training and city-related memberships.
Section 5-8: Car Insurance, Mileage Allowance, Bus Pass and Parking
A. Where, with respect to the below listed classifications, the City expressly requires as a
condition of employment that the employee own and utilize his personal automobile in
performing assigned duties, such employees shall be compensated $12.00 per month
toward automobile insurance expenses upon submission and resubmission as may be
required by the City of such insurance expenses being incurred by the employee:
Community Worker II
Caseworker I
Caseworker Aide
Senior Center Assistant
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Employees required and authorized to use their private vehicle on City business and
who have provided proof of appropriate insurance as required by City regulations shall
be compensated at the IRS regulated rate per mile.*
*Refer to A.R. 6.21
B. Employees regularly assigned to the airport terminal buildings shall be provided parking
facilities without charge at a location at the airport to be specified by the Director of
Aviation.
C. All regular full-time and part time bargaining unit employees will receive, upon request,
a City issued bus/transit pass at no cost to be used only by the employee.
D. If parking rates are increased, the City will notify the union prior to the increase taking
place.
E. Parking rates for employees who drive motorcycles to work shall be reduced by 50%
when they park at the 305 garage or Adams Street Garage.
F. The City will provide 4 parking cards to the Union.
Section 5-9: Unpaid Parental Leave / Family Leave
A. The City will, as a matter of general policy, authorize up to 3 months of unpaid leave for
any unit member who is the parent of newly born, legally adopted child, or any unit
member who needs to care for an ill family member. Family members include spouse,
qualified domestic partner, children (natural, adopted, foster or stepchildren) brother,
sister, parents, and grandparents. Approval and use of this leave shall be subject to
existing Personnel Rules. The employees’ immediate family member does not have to
live in the employees’ household to be covered by this section.
B. Employee may use up to 10 hours of accumulated sick leave in at least one-hour
increments each calendar year for the home care or medical treatment for an immediate
family member residing in the employee’s household. When there is an extreme illness
or injury situation where a life or death question exists involving an immediate family
member, an employee may use up to 5 days of accumulated sick leave. (This should
not be construed as bereavement leave under Personnel Rule 15g.)
In addition, employees may have dependent care situations where the above leave is
insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an immediate
family member up to a maximum of 5 incidents not to exceed a total of 40 hours each
calendar year.
For all of the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor under A.R.
2.30, when evaluating the job performance of an employee involved in a leave-
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management program, up to a maximum total of 7 incidents per calendar year. An
incident is defined as an absence from work regardless of the length of time.
Immediate family is defined as the following persons: spouse, qualified domestic
partner, child, step-child, brother or sister of the employee or the parent of the employee
or spouse, a relative who, because of family circumstances, has been a parent substitute
to the employee may be considered as a substitute for mother or father in this definition.
Section 5-10: Retirement Program and Benefits
The retirement program and benefits for Unit 3 employees are listed in the Phoenix City
Charter.
ARTICLE 6: Miscellaneous
Section 6-1: Saving Clause
A. If any Article or Section of this Memorandum should be held invalid by operation of law
or by final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any Article or Section should be restrained by such tribunal, the
remainder of this Memorandum shall not be affected thereby; and upon issuance of such
final decree, the parties, upon request of either of them, shall meet and confer and
endeavor to agree on a substitution provision or that such a substitute provision is not
indicated.
B. It is recognized by the parties that this MOU shall be administered in compliance with
appropriate provisions of the Fair Labor Standards Act as may be amended.
Section 6-2: Copies of Memorandum
A. Within 60 days of the date that this Memorandum is adopted by the City Council, the
City will arrange for printing of jointly approved copies of it for furnishing one to every
unit employee, unit supervisor and to management personnel.
B. Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors, and Suppliers), as may be
amended.
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Section 6-3: Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect July 1, 2023 through June 30,
2024 and thereafter shall continue in effect year-by-year unless one of the parties
notifies the other in writing no later than December 1st, of the final year of the contract,
of its request(s) to modify or terminate it.
B. Except as expressly provided in this Memorandum, the City shall not be required to meet
and confer concerning any matter, whether covered or not covered herein, during the
term or extensions thereof.
C. If any section or provision of this Memorandum violates existing Federal, State or City
law, then such law shall supersede such provisions or section.
D. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with the
meet and confer proceedings resulting in this Memorandum is precluded from initiating
any further meeting and conferring for the term thereof relative to matters under the
control of the City Council or the City Manager.
E. The City may change the terms and conditions of Administrative Regulations during the
term of this Memorandum. The City will notify the Union of any changes in
Personnel Rules and/or new or revised Chapter 2 Administrative Regulations
(ARs) affecting unit employees.
The City will consult the Union concerning changes affecting existing compensation
provided for under the following Administrative Regulations:
2.16 Political Activity Time Off to Vote
2.241 Compensation for Interpreting and
Translation by Personnel in City Courts
2.27 Employee Suggestion Program
2.34 Transitional Work Policy
3.41 Travel Authorization and Travel Expense Allowances
F. The provisions of this Memorandum apply to all unit members, except that entitlement
to health, life and long-term disability insurance, holiday, overtime and show-up benefits
for regular hourly employees shall continue in accordance with present practice and
policy. The City shall not lay off from City employment full-time employees for the sole
purpose of replacing them with hourly employees, and will not alter the status of
incumbent full-time employees to hourly employees.
G. This Memorandum constitutes the total and entire agreements between the parties and
no past written or verbal statement/agreements shall supersede any of its provisions.
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Section 6-4:
The City shall create an Employee Memorial for those employees lost to COVID-19 to
thank them for their service to the City of Phoenix
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IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2023
______________________________________________________________________
Frank Piccioli, President, AFSCME Local 2960
_____________________________________________________________________
Jason Perkiser, Assistant Human Resources Director, Labor Relations, City of Phoenix
_____________________________________________________________________
Jeff Barton, City Manager, City of Phoenix
ATTEST:
______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED TO FORM:
______________________________________________________________________
City Attorney, City of Phoenix
AFSCME 2960 Team: City of Phoenix Team:
Frank Piccioli, President Jason Perkiser, Assistant Human Resources Director
Debra Novak-Scott Martin Whitfield, Parks and Recreation Department
Angie Hernandez Jesse Cooper, Police Department
Kanika Jones Patricia Kirkland, Human Services Department
Michelle Newcomb Michael O'Shaughnessy, Aviation Department
Jose Vejar Brandie Barrett, Public Works Department
Kennethy Franklin Rayne Gray, Fire Department
Karen Roberts Sheree Rucker, Human Resources (Coordinator)
Sonya Valenzuela Brianna Soto, Human Resources (Scribe)
Lena Bernal
Sheila Yellowhair
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ATTACHMENT A
DEPARTMENTS REPRESENTED BY AFSCME LOCAL 2960
Aviation
City Clerk
Community & Economic Development
Phoenix Convention Center
Finance
Fire
Housing
Human Services
Information Technology
Law
Library
Municipal Court
Neighborhood Services
Parks & Recreation
Planning & Development Services
Police
Public Transit
Public Works
Street Transportation
Water
Stewards are listed on our website - afscme2960.org
Page 330
ATTACHMENT B (Relating to Vacation Leave)
All of the following, including the agreed-upon Intent, are material terms of this Attachment
B and if any provision contained herein is not accepted by the City, the City Council or the
employee group, this entire Attachment B becomes null and void:
Section 3-4 (Continued)
A. Final Average Compensation and Vacation Leave
1. The number of vacation leave hours eligible to be cashed out and included in an
employee’s Final Average Compensation upon retirement will be limited to the
number of vacation leave hours in the employee’s leave bank on June 30, 2014, not
to exceed 450 hours.
2. The City recognizes that the Union may bring a lawsuit regarding the City’s proposed
implementation of the practice set forth in this Attachment B by submitting the dispute
concerning the City’s proposal and planned implementation of the practice in
Paragraph B.1 of this Attachment B to a court of competent jurisdiction.
3. The Parties expressly agree that nothing contained in Section 3-4 or this Attachment
B shall be construed to constitute an agreement by the Union to the lawfulness of
the practice set forth in Attachment B or the lawfulness of implementation of the
changes set forth in Paragraph B.1 of this Attachment B. Nor shall anything
contained in this Attachment B constitute a waiver of the Union’s, employees’ or the
City’s claims or defenses in connection with a lawsuit as set forth in Paragraph B.2.
hereof regarding the lawfulness of the City’s proposed implementation of the
changes set forth in Paragraph B.1. The City agrees not to make any argument
based on this Attachment B regarding waiver, estoppel, ratification, novation or any
similar arguments based on this Attachment B. The City expressly agrees it waives
any rights to argue and will not and may not argue, based on this Attachment B, in
any lawsuit as set forth in Paragraph B.2 regarding the lawfulness of City’s proposed
implementation of the changes in Paragraph B.1, that the Union or Unit 3 employees
agreed to the lawfulness of such changes including, without limitation, by asserting
that the Union or employees agreed to the lawfulness of such change based on this
Attachment B, the negotiations leading up to this Attachment B, the ratification of the
MOU by the Unit 3 employees or based on any action or statements of the Union in
relation to this Attachment B.
4. The Parties further agree that until there is a final judgment and declaration with
respect to the rights of the parties regarding the lawfulness of and the proposed
implementation of the practice in Paragraph B.1, if the City calculates retirement
benefits based on such practice, the Union will not seek a temporary restraining
Page 331
order, preliminary injunction or other interim relief to cease the practice set forth in
paragraph B.1. The City expressly agrees that it waives any rights to argue and will
not and may not argue that failure to seek a temporary restraining order, preliminary
injunction or other interim relief to cease the practice set forth in paragraph B.1
constitutes estoppel, an agreement to such practice or waives any rights to challenge
such practice nor will the City argue that either the Union or Unit 3 employees agreed
to the lawfulness of the practice set forth in Paragraph B.1 or such practices based
on the failure to seek a temporary restraining order, preliminary injunction or other
interim relief.
5. The City and the Union further agree that in the event a court determines in a lawsuit
as described in Paragraph B.2., after final judgment and all appeals are exhausted,
that: (a) the vacation payments at issue in Paragraph A are compensation within the
meaning of the Charter; or (b) determines that the practice set forth violates the
contractually vested rights of employees; or (c) determines that the practice violates
either the Arizona or United States Constitutions, the City shall, as soon as is
reasonably practicable after final judgment and all appeal rights are exhausted, sever
Paragraph B.1 of this Attachment B and its terms from this MOU and will take
whatever administrative action is reasonably necessary to undo the practice
described in this Attachment B as required to implement such court’s judgment and
make any affected employees whole. The City shall meet and discuss with the Union
about such administrative action before such action is taken and shall advise the
Union first before advising affected Unit 3 employees about any such administrative
action that directly affects Unit 3 employees
6. The City and the Union further agree that, in the event of a final judgment in the
Union’s favor such as described in Paragraph B.5. of this Attachment, and after all
appeals are exhausted, the City will apply such judgment retroactively to undo the
effect of the practices described in this Attachment B.1 on any employees affected
or bound by this Attachment B and make such employees whole, including without
limitation those Unit 3 employees who retire after June 30, 2014 but before such final
judgment and appeals are concluded. The City shall meet and discuss with the
Union about what actions are taken to undo the effect of the practices and shall
provide the Union with information concerning what Unit 3 employees retired after
June 30, 2014 who were affected by Paragraph B.1 of this Attachment B as
reasonably requested by the Union. The City agrees that it will not argue or claim
that such judgment should be applied prospectively only.
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ATTACHMENT C (Relating to Sick Leave)
All of the following are material terms of this Attachment C and if any provision contained
herein is not accepted by the City, the City Council or the employee group, this entire
Attachment C becomes null and void:
Section 3-4 (Continued)
C. Sick Leave Cash Out Formula (Continued)
1. Final Average Compensation and Sick Leave.
a. The number of sick leave hours eligible to be cashed out and included in an
employee’s Final Average Compensation upon retirement will be limited to the
number of sick leave hours in the employee’s leave bank on July 1, 2012, provided
all criteria are met as described in Subsection A of Section 3-4 of this MOU.
b. Employees with less than 250 hours of accrued and unused sick leave on July 1,
2012, will not meet the minimum balance requirements for a sick leave cash out
that can be included in their Final Average Compensation.
c. The portion of accrued and unused sick leave that is not included in the Final
Average Compensation upon retirement can be cashed out as a lump sum upon
retirement, provided all criteria are met as described in Subsection A of Section 3-
4 of this MOU.
2. The Parties agree that Paragraph C.1(a-c) of this Attachment C of this MOU shall
not take effect, unless and until a final judgment, after all appeals are exhausted, has
issued in the City’s favor on all claims asserted by the Plaintiffs, as to the lawfulness
of the practice described in Paragraph C.1(a-c), in the pending lawsuit, Piccioli, et.
al., v. City of Phoenix, et al., Ariz. Super. Ct. Case No. CV2012-010330 (“Piccioli”).
3. The Parties agree that nothing in either Paragraph C.1 (a-c) or this Attachment C of
this MOU shall be construed to be a waiver of either the Union’s or the City’s claims
or defenses in connection with the Piccioli lawsuit, including any of the City’s
arguments in defense of continuing its current practice under Administrative
Regulation 2.441 or any of the Union’s arguments that it never agreed to such
changes in the MOU effective July 1, 2012 through June 30, 2014 or otherwise. The
City agrees not to make any argument based on this Attachment C regarding waiver,
estoppel, ratification, novation or any similar arguments based on this Attachment C.
The City expressly agrees it waives any rights to argue and will not and may not
argue, based on this Attachment C, in the Piccioli matter regarding the City’s
proposed implementation of the changes in Paragraph C.1(a-c), that the Union or
Unit 3 employees agreed to the lawfulness of such changes including, without
limitation, by asserting that the Union or employees agreed to the lawfulness of such
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change based on this Attachment C, the negotiations leading up to this Attachment
C, the ratification of the MOU by the Unit 3 employees or based on any action or
statements of the Union in relation to this Attachment C.
4. In the event a final judgment as described in Paragraph C.2. is issued, the Parties
agree that the City may, as soon as is reasonably practicable after final judgment
and all appeal rights are exhausted, take whatever administrative action is
reasonably necessary to implement the practice described in Paragraph C.1(a-c) of
this Attachment C, provided such action is consistent with the Court’s final judgment.
The City shall meet and confer with the Union about such administrative action before
such action is taken and shall advise the Union first before advising any other Unit 3
employees about any administrative action regarding implementation of Paragraph
C.1(a-c) that directly affects Unit 3 employees.
Page 334
ATTACHMENT D
GUIDELINES FOR ADMINISTRATION OF
COMPENSATORY TIME/CASH PAYMENT OF OVERTIME
The following understanding is intended to serve as guidelines for employees and
supervisory and management personnel when administering the compensatory
time provisions of this Memorandum of Understanding.
Subject to the limitations set forth herein, the following shall apply:
Employees shall have the choice of requesting either compensatory time or cash
payment for overtime authorized and worked, if an overtime appropriation has been
included in the department budget for the departmental work unit in which the
employee works.
Employees will specify the type of payment (cash or compensatory time) at the
time the overtime is worked.
An employee's choice of type of payment shall be subject to supervisory approval.
Once agreement has been reached between the employee and the supervisor, the
type of payment agreed upon shall be honored.
This understanding regarding employee choice shall not apply under the following
circumstances:
Where no overtime appropriation has been included in the department budget for
the work unit in which the employee works.
Where budgetary, staffing, or grant limitations have been placed on the
authorization, use, disbursement or payment of such funds by the City Manager,
Department Head or their designated representatives, or where the terms and
conditions for the receipt and/or utilization of any federal, state, or local government
grants impose such limitations.
The City will make reasonable efforts to notify the Union when changes in
departmental overtime policies regarding the type of payment occur. Provided,
however, that failure to notify the Union shall not prevent or prohibit the department
from implementing such change.
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APPENDIX E
12-Hour Rule Examples
Regular Shift 2:00 PM - 10:00 PM M-F
Monday Tuesday
Works regular shift Works morning shift
2:00 PM 4:00 PM 6:00 PM 8:00 PM 10:00 PM 12:00 AM 2:00 AM 4:00 AM 6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM
Time period of 6:00 AM - 10:00 AM qualifies for the
12-hour rule. Process XF 4 hours, employee is paid 4
hours at 1/2 time and receives regular hours paid
Wednesday Wednesday
Regular Shift 2:00 PM - 10:00 PM M-F
6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM 4:00 PM 6:00 PM 8:00 PM
Time period of 6:00 AM - 2:00 PM qualifies for the
12-hour rule. Process XF 8 hours, employee is paid 8
hours at 1/2 time and receives OT (1 1/2) for
working 6:00 AM -2:00 PM
Thursday Friday
Regular Shift 6:00 AM - 2:00 PM M-F
6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM 4:00 PM 6:00 PM 8:00 PM 10:00 PM 12:00 AM 2:00 AM
Time period of 6:00 PM - 2:00 AM qualifies for the 12-hour rule.
Process XF 8 hours, employee is paid 8 hours at 1/2 time and
receives OT (1 1/2) for working 6:00 PM - 2:00 AM
Page 336
Report
American Federation of State, County and Municipal Employees, AFSCME Local
2960 (Unit 3) (Resolution 22117)
The City of Phoenix has met and conferred with American Federation of State, County
and Municipal Employees, AFSCME Local 2960 (Unit 3) in accordance with the terms
of Phoenix City Code section 2-218, and a Memorandum of Understanding (MOU) has
been approved by the organization's membership. A copy of the proposed MOU has
been filed with the City Clerk and an opportunity for public comment was conducted at
the April 19, 2023, City Council Formal Meeting.
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 272
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
CITY OF PHOENIX
AND
AMERICAN FEDERATION
OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES,
LOCAL 2960 AFL-CIO
REPRESENTING UNIT 3 EMPLOYEES
Page 273
Table of Contents
PREAMBLE ........................................................................................................................ 4
ARTICLE 1: Rights ............................................................................................................ 5
Section 1-1: Purpose/Gender .......................................................................................................... 5
Section 1-2: City and Department Rights ....................................................................................... 5
Section 1-3: Union Rights............................................................................................................... 6
Section 1-4: Rights of Unit Members ........................................................................................... 11
Section 1-5: Prohibition of Strike and Lockouts .......................................................................... 21
Section 1-6: New Positions and Classifications ........................................................................... 22
ARTICLE 2: Grievance/Arbitration/Labor Management ............................................... 22
Section 2-1: Grievance Procedure ................................................................................................ 22
Section 2-2: Labor-Management Committee ............................................................................... 30
Section 2-3: Health and Safety Committee................................................................................... 31
ARTICLE 3: Compensation/Wages ................................................................................ 32
Section 3-1: Wages ....................................................................................................................... 32
Section 3-2: Overtime ................................................................................................................... 35
Section 3-3: Out-of-Class Pay ...................................................................................................... 38
Section 3-4: Sick Leave Cash Out Formula.................................................................................. 39
Section 3-5: Shift Differential Pay................................................................................................ 39
Section 3-6: Stand-By Pay ............................................................................................................ 39
Section 3-7: Show-up Time .......................................................................................................... 40
Section 3-8: Jury Duty Pay ........................................................................................................... 40
Section 3-9: Deferred Compensation Program ............................................................................. 41
Section 3-10: Compensation for Approved Training ................................................................... 41
ARTICLE 4: Hours of Work/Working Conditions .......................................................... 41
Section 4-1: Hours of Work .......................................................................................................... 41
Section 4-2: Rest and Lunch Periods ............................................................................................ 43
Section 4-3: Clean-up Time .......................................................................................................... 44
Section 4-4: Seniority ................................................................................................................... 44
ARTICLE 5: Benefits ....................................................................................................... 44
Section 5-1: Health Insurance ....................................................................................................... 44
Section 5-2: Dental Insurance ....................................................................................................... 46
Section 5-3: Life Insurance ........................................................................................................... 46
Section 5-4: Long-Term Disability ............................................................................................... 47
Section 5-5: Holidays and Vacations ............................................................................................ 47
Section 5-6: Uniforms ................................................................................................................... 49
Section 5-7: Tuition Reimbursement ............................................................................................ 52
Section 5-8: Car Insurance, Mileage Allowance, Bus Pass and Parking ...................................... 52
Section 5-9: Unpaid Parental Leave / Family Leave .................................................................... 53
Section 5-10: Retirement Program and Benefits .......................................................................... 54
ARTICLE 6: Miscellaneous ............................................................................................. 54
Section 6-1: Saving Clause ........................................................................................................... 54
Page 274
Section 6-2: Copies of Memorandum ........................................................................................... 54
Section 6-3: Term and Effect of Memorandum ............................................................................ 55
Section 6-4: ................................................................................................................................... 56
ATTACHMENT A ............................................................................................................. 58
ATTACHMENT B (Relating to Vacation Leave)............................................................. 59
ATTACHMENT C (Relating to Sick Leave) .................................................................... 61
ATTACHMENT D ............................................................................................................. 63
APPENDIX E .................................................................................................................... 64
Page 275
PREAMBLE
WHEREAS, the well-being and morale of employees of the City are benefited by providing
employees an opportunity to participate in the formulation of policies and practices affecting
the wages, hours and working conditions of their employment; and
WHEREAS, the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter Memorandum) are not intended to abrogate the authority and
responsibility of City government provided for under the statutes of the State of Arizona or
the Charter or Ordinances of the City of Phoenix, except as expressly and lawfully modified
herein; and
WHEREAS, the parties, through their designated representatives, met and conferred in
good faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, and other terms and conditions of employment of employees of
Unit III;
NOW, THEREFORE, the City of Phoenix, hereinafter referred to as the "City" and Local
2960, as an affiliate of the American Federation of State, County and Municipal Employees,
AFL-CIO, hereinafter referred to as the "Union," having reached this complete agreement
concerning wages, hours, and other terms and conditions for the term specified, the parties
submit this Memorandum to the City Council of the City of Phoenix with their joint
recommendation that body resolve to adopt its terms.
Page 276
ARTICLE 1: Rights
Section 1-1: Purpose/Gender
Whenever any words used herein in the masculine, feminine or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
A. Recognition
The City recognizes the Union as the sole and exclusive Meet and Confer agent,
pursuant to the Meet and Confer Ordinance as amended, for the purpose of
representation regarding wages, hours, and other conditions of employment for all
regular full time and regular part time employees in positions constituting Unit III, as
certified May 22, 1978, or as may be modified by the Phoenix Employment Relations
Board (PERB).
If a court of competent jurisdiction (defined as Arizona Supreme Court or U. S. Supreme
Court) determines that "fair share" does not violate Arizona State Law, then the Union
and the City of Phoenix shall open up the contract to bargain in good faith on this issue.
If any conflict exists between the language in an A.R. or employment/ department rule
and the language of the negotiated M.O.U., the M.O.U. shall prevail.
Section 1-2: City and Department Rights
The Union recognizes that the City has and will continue to retain, whether exercised or not,
the unilateral and exclusive right to operate, administer and manage its municipal services
and work force performing those services in all respects subject to this Memorandum.
The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not officially and expressly modified by specific
provisions of this Memorandum of Understanding, and such decision making shall not be in
any way, directly or indirectly, subject to the grievance procedure contained herein.
The exclusive rights of the City shall include, but not be limited to, the right to determine the
organization of City government and the purpose and mission of its constituent agencies,
to set standards of service to be offered to the public, and through its management officials
to exercise control and discretion over its organization and operations, to establish and
effect Administrative Regulations and employment rules and regulations, consistent with
law and the specific provisions of this Memorandum of Understanding to direct its
employees, to take disciplinary action for just cause, to terminate or reassign its employees
from duty because of lack of work or for other legitimate reasons, to determine the methods,
means and personnel by which the City's services are to be provided, including the right to
schedule and assign work and overtime, and to otherwise act in the interest of efficient
service to the community.
Page 277
Nothing herein shall preclude the City from being in compliance with the Americans with
Disabilities Act.
Section 1-3: Union Rights
It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article. In compliance
with City Code Article XVII Employer-Employee Relations, Chapter 2-214, Public Employee
Rights (as of Feb 18, 2021), any Union release time, including that of full-time release
positions, shall count as time worked in the unit member’s job classification.
A. Union Release
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2960 have negotiated
full-time release positions, and release hours, as an efficient and readily available point
of contact for addressing labor-management concerns. Examples of work performed by
representatives using union release in support of the City include ensuring
representation for employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in collaborative
labor-management initiatives that benefit the City and the members; serving on City and
departmental task forces and committees; facilitating effective communication between
City and Department management and employees; assisting unit members in
understanding and following work rules; and administering the provisions of the
Memorandum of Understanding. Union release is also used for authorized employees
to prepare for appeals and hearings and attend Union conferences, meetings, seminars,
training classes and workshops so that employees better understand issues such as
City policies and practices, conflict resolution, labor-management partnerships, and
methods of effective representation. The cost to the City for these release positions and
release hours, including all benefits, has been charged as part of the total compensation
package detailed in this agreement.
For a unit member whose regular shift is other than day shift, there will be flexibility in
changing his normal work hours for the purposes of attending official Labor-
Management meetings called by or with the concurrence of the Department Head or
designee.
In accordance with the City’s selection and interview process guidelines and at
management’s request, Union Designated Employees will participate in City Selection
processes.
1. Full-Time Release Positions
The President or President’s Designee and three additional full-time release
positions to be designated by the Executive Board of the Union, shall each be
Page 278
allowed up to 2,080 work hours per M.O.U. year to engage in lawful union activities,
pursuant to and consistent with this Memorandum. The full-time release employees
will be engaged in either union activities or city activities in accordance with city
administrative regulations during paid release time. The City will pay the employees’
full time fringe benefits. Time used for this purpose in excess of 2,080 hours per
position shall be at the expense of the Union, and the Union shall reimburse the City
at the applicable employee’s hourly rate of pay.
The Union will keep the Labor Relations Division apprised of the regular work
schedules of the release positions and submit leave slips for processing.
Upon return to regular City duties, a full-time release employee shall be reinstated to
his/her original position, location and schedule by seniority. In addition, any approved
leave time the full-time release employee had scheduled prior to his/her return shall
be honored by the department.
The City values and benefits from the participation of Union leaders on citywide task
forces and committees, Labor-Management work groups, and a variety of Health and
Safety committees. These activities take time away from expected tasks such as
representation and communicating with the membership and may occur outside the
regular work day of the Union officials. The full-time release positions agree to
participate in these important committees and task forces. In recognition of this
commitment, the City agrees to provide a compensatory time bank of 520 hours and
paid overtime rates for use by the full-time release positions each MOU year. The
Union will submit a written request to redeem the hours from this bank to the Labor
Relations Division no later than July 1st of each MOU year for remittance with the
second paycheck in August.
2. Union Stewards
The Union may designate 52 stewards including 10 Chief Stewards and 19 Lead
Stewards to serve as employee representatives. Such designation shall be made
from amongst employees regularly working at the job sites as specified in Attachment
"A" hereto. The Labor-Management Committee will discuss the job site allocation of
the 52 stewards upon request by either party (Attachment A). Employees must have
completed the initial City probationary period of 1 year to be eligible for designation
as a steward.
The Union shall notify Labor Relations in writing of its designations and re-
designations of stewards.
There shall be no obligation on the City, nor shall the City change or adjust
employees' permanent regular work schedules or assignments solely as a result of
such designations.
One such steward from the Grievant’s home department and the Grievant may, after
the Grievant and the supervisor were unable to resolve the matter informally (Article
2, Section 2-1), when the Union is designated by the Grievant as his representative,
attend mutually scheduled grievance meetings with department representatives
Page 279
without loss of pay or benefits during City time. One steward working in the same
department as a unit member under investigation may also attend investigative
meetings without loss of pay or benefits during City time. Stewards not from the same
department as the grievant or employee under investigation may provide
representation, however the total time spent on representation will be requested from
and charged to the bank of hours as outlined in 1-3 A 3.
Stewards with assigned City vehicles who are on duty and actively working, and are
scheduled to return to duty at the conclusion of the meeting, may use the City vehicle
to attend mutually scheduled grievance and/or labor-management meetings with
department representatives.
The unit will be allowed, subject to operational and scheduling factors and 14
calendar days advance notice, up to one shift (either 8 or 10 hours depending upon
their regular schedule) of paid release time for authorized stewards to attend a one-
time contract orientation session conducted by the Union in each year of the contract.
3. Bank of Release Hours
The unit will be allowed, during each 12 month term of this Memorandum, subject to
operational and scheduling factors and 48 hours advance notice to the Labor
Relations Division. A unit total of 4,540 hours paid release time in a bank of release
hours per M.O.U. year.
With the exception of the ten elected union officials, only one representative may be
released from the same work group on the same shift at the same time. The union
may request an exception when training is being provided by the International Union.
Approval will not be arbitrarily withheld.
Any hours used in excess of the bank of hours must be approved by the Labor
Relations Administrator and the AFSCME Local 2960 President. The number of
hours used in excess of the bank at the end of the MOU term will be deducted from
the bank of hours in the first year of the next MOU. A surplus of hours will be carried
over into the next MOU to a maximum beginning bank of 6,810.
B. Unpaid Time
Unit members may be authorized in advance in writing to engage in lawful unit-related
activities during City work hours on a non-paid basis by the City Manager or his designee
in his unrestricted discretion according to the applicable Personnel Rules. A member
selected by the Union to do unit representation work which takes the employee from his
employment with the City shall, at the written request of the Union, and subject to Civil
Service rules and the approval of the Personnel Official, be granted an unpaid leave of
absence. The leave of absence shall be in increments of no less than 3 months and
shall not exceed 1 year, but it may be renewed or extended for a similar period upon the
request of the Union.
C. There shall be no use of official time for unit related activities except as expressly
authorized under the aforesaid sections. The City reserves the right to deny approval
Page 280
of requests for use of official time for activities not expressly authorized under this
Memorandum.
D. International and Local 2960 Union Representatives
Accredited A.F.S.C.M.E. International, and designated Local 2960 Chief Steward and
Lead Stewards shall be admitted to the buildings and grounds of the City during working
hours for assisting in the adjustment of grievances, so long as such will not interfere with
any work operation or the safety and security of any work site. Such representatives will
check in with the supervisor involved and will be required to conform to the safety
regulations of the work site.
E. Payroll Deduction
1. The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union membership dues and regular periodic Union
sponsored insurance premiums pursuant to the City's deduction authorization form
duly completed and signed by the employee and transmit such deductions monthly
to the Union no later than the 14 day following the end of the pay period in which the
deduction occurs, along with an alphabetical list of all employees for whom
deductions have been made. Such deduction shall be made only when the Union
member's earning for a pay period are sufficient after other legally required
deductions are made.
2. Authorization for membership dues deduction herein under shall remain in effect
during the term hereof unless revoked in writing by the employee. Revocation of
deductions shall be accepted by the City only during the first week of July or January
of each year of the term of this memorandum to be effective the following payroll
period. The City will notify the Union of any revocations submitted to it.
3. The City shall not make dues deductions for unit members on behalf of any other
employee organization (as defined in the Meet and Confer Ordinance) during the
term of this Memorandum.
4. It is agreed that the City assumes no liability except for its gross negligence on
account of any actions taken pursuant to this section. The City will, however, as
promptly as technically possible, implement changes brought to its attention.
5. The City shall, at the written request of the Union during the term of this agreement,
make changes in the amount of dues deduction hereunder for the general
membership, provided costs for implementing such changes shall be reimbursed by
the Union at actual cost incurred by the City.
F. Facilities and Services
The Union may distribute material on the City's premises (buildings and grounds) before
and after scheduled working hours or in non-work areas during scheduled work hours
provided that both the person distributing and the employee receiving such material are
on their own time.
Page 281
The Union shall be allowed to send one union-requested communication per month
using the City Email System to communicate with Unit 3 employees. Requests will be
processed through Labor Relations. Issues stemming from this agreement will not be
subject to the grievance procedure and will be discussed in labor-management
meetings.
The Union’s web page shall be listed as a link on the City’s Intranet home page as one
of the City’s Employee Resources.
The City shall provide the Union with bulletin boards for its use in communicating with
its members at mutually agreeable locations. The City shall grant sole and exclusive
use of such bulletin boards to the Union. The City will provide glass-enclosed, locking
bulletin boards (standard to be set by the City) for any new City facility where five or
more Unit 3 employees will be assigned. The Union may request that two existing
bulletin boards be replaced with glass-enclosed, locking bulletin boards (standard to be
set by the City) each contract year, provided at least five Unit 3 employees are assigned
to the requested locations. Lost keys will be replaced with the full expense charged to
the party that lost them (meaning City or Union). Damaged bulletin boards will be
replaced with the cost split equally between the City and the Union.
Material which is not abusive of any person or organization, which complies with laws
regulating the political activities of City employees, and which is not disruptive of the
City's operations, may be posted or distributed, provided that such material is submitted
to the City and also signed by an authorized official of the Union. The Union may grieve
any refusal by the City to approve posting or distribution of submitted material. The City
will not arbitrarily disapprove submitted material.
The Union shall have the right to meet with each new unit member for 1 hour during the
scheduled Human Resources Department’s new employee orientation before or after
lunch for the purpose of informing each such new employee of the Union and of that
member's right to have Union dues deducted from his pay warrant. Additional time will
be allotted – in addition to new employee orientation – in departments that have new
employee orientation.
Where possible, Unit III becomes a participant in the appropriate electronic distribution
lists for promotions, seamless service, City Connections and/or educational
opportunities.
Upon the Union’s filing of a Third Party Data Sharing agreement with the HR
Department, the City shall provide electronically, at no cost, a list of unit members which
includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service Date,
Dept ID, Department, Job Title, Job Locator Code, Work Location, Mailing Address,
City, State, Zip, Home Phone, Work Phone, active Union deduction, and a list of Unit 3
employees who have left the unit. (This includes unit members who retire, promote, quit,
are terminated, or pass away). The City shall provide the Union a list of all Unit 3
vacancies monthly. Any and all information furnished by the City shall be used by the
Union solely for the purpose of communicating with unit members, other legitimate union
purposes, and shall not be shared with any other individual or organization.
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G. The Union shall be allowed $14,000, reimbursable to the Union by the City each fiscal
year, for designated members of the local to attend schools, conferences, workshops
and training to develop skills in effective member representation, conflict resolution
techniques, labor-management cooperation, and other employee relations areas that
promote cooperative and harmonious relationships. The Union will submit receipts for
reimbursement by the City. If the entire $14,000 is not used , the balance will carry over
into the next fiscal year; however, the total fund balance must not exceed $28,000,
and any funds in excess of $28,000 will expire.
The Labor Relations Administrator will continue the practice of providing the union
information concerning grievance and arbitration cases. The union agrees that they will
be reasonable in making these requests for information.
Section 1-4: Rights of Unit Members
It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article.
All unit members have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in the
Union or any other organization.
All unit members have the right to be treated in a manner which is fair and impartial in
any matter associated with the rights of unit members under the specific express terms
of this Memorandum of Understanding.
No unit employee shall suffer reprisal for the exercise of rights granted by this MOU.
A. Unit employees have the right to be represented by the union and the union reserves
the right to provide representation to its members in dealings with the City concerning
grievances, and matters pertaining to their individual employment rights and obligations,
and during an investigatory interview concerning allegations focused on the employee
which may result in disciplinary action.
B. Supervisors are encouraged to discuss concerns and attempt to resolve those concerns
with an employee without utilizing a formal investigatory process. Supervisors are
encouraged to not utilize an investigatory process unless they have a reasonable belief
that discipline (a written reprimand or higher) could result. Should information be made
during a conversation to attempt to resolve an issue that could result in discipline, the
supervisor will stop the meeting and utilize an investigatory process as outlined below.
Any interview becomes investigatory when facts or evidence sought by management
may result in a disciplinary action.
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• An employee is entitled to Union representation if the employee reasonably believes
that the investigatory interview will result in disciplinary action and the employee has
requested representation from their union.
C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions in order to provide the employee an
opportunity to gather additional information. In either case, a Notice of Inquiry (NOI) form
will be used. The intent of the NOI is to clearly put employees on notice that they are
under investigation that could result in discipline, inform them of the nature of the
allegations against them, and inform them of their right to representation.
D. If the City elects to issue written questions to the employee, the following shall apply:
1. If an NOI is being issued and there is no active questioning, representation is not
required.
2. The employee will have 72-hours excluding holidays and N-days to respond in writing
and provide any other material requested. This deadline may be extended by mutual
agreement if there are extenuating circumstances.
E. If the City elects to conduct an investigatory interview, the following shall apply:
1. Prior to the employee being interviewed, the employee shall be advised of their right
to a representative.
2. The NOI form will be issued at the meeting.
3. The union representative may engage in meaningful representation, including but
not limited to assisting and consulting with the employee, attempting to clarify the
facts or questions asked, and suggesting other employees or witnesses who may
have knowledge of the underlying issues. The union representative cannot speak on
behalf of the employee or impede the progress of the interview.
4. The member or representative may ask for a caucus during the meeting. The
caucusing party will attempt to keep the caucus to reasonable timeframes.
5. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be allowed
to seek advice and counsel from their representative in caucus during the interview.
6. The union representative may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.
7. Prior to the conclusion of the meeting, the member or representative shall have the
opportunity to make a closing statement.
8. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement. Additional
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time may be granted at the sole discretion of the department and will not be withheld
arbitrarily.
9. The employee will be provided with a copy of the interview notes and given 72 hours
excluding the employee's holidays and N-days to confirm their answers and
provide any additional information.
10. Except for emergency situations, the unit employees shall have a minimum of 48
hours excluding the employee's holidays and N-days to arrange for union
representation when the member is the subject of an administrative investigatory
interview. The union representative will make every reasonable attempt to arrive
within the 48 hours. An employee may waive the 48-hour time requirement if the
employee is not opting for representation.
11. Employees will be provided with the NOI cover sheet (and attachment if applicable)
listing the allegations against the employee 48 hours in advance of the investigatory
interview, however, the NOI/interview questions will not be provided in advance.
F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:
1. The employee will be instructed not to speak to anyone regarding an investigation.
This restriction does not apply to the union, the employee's family or clergy, the
investigator, or chain-of-command.
2. The employee will be advised if the inquiry is supervisor initiated or the result of a
citizen complaint, employee/co-worker complaint, or other.
3. The member shall also be informed that none of their statements, nor any information
or evidence which is gained by reason of such statements, can be issued against
them in any criminal proceedings.
4. A unit member shall receive a copy of any statement that they are asked to sign.
5. An employee under investigation will be notified in writing every 90 calendar days as
to the current status of the investigation. Every 30 days, an employee under
investigation may request a status update. At management's discretion, the status
will be provided either verbally or in writing. This will include a brief description of the
number of known witnesses still to be interviewed and other investigate processes
remaining to be completed, as well as an estimated date of completion.
G. Misc.
1. A unit member identified solely as a witness will not be prevented from reaching out
to the union on their own time to consult with a union representative prior to their
interview.
2. Only paperwork pertaining to any completed NOI investigation resolved as sustained
will be kept in an employee's personnel files.
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3. This article applies to all regular full-time and regular part-time employees in Unit 3
positions, this includes probationary employees.
4. In addition, Police employees are covered in Section 1-4.P.
5. If a Union Steward is requested by management to hold over or is called in from
home by a supervisor to represent an employee at a meeting required by
management, the Union Steward will receive overtime compensation for actual time
held over or a minimum of 1 hour if called in from home.
6. Employees have the option to bring a union steward for purpose of observation to a
scheduled meeting where a suspension, demotion or termination is being issued by
management.
7. See Section 1-4N for retention schedule.
H. Unit employees will be permitted to apply and/or compete in a transfer process while in
a pending investigation. The transfer process will not be delayed pending the conclusion
of the related investigation.
I. The City will provide to the employee a copy of the Citywide completed accident
investigation and any other material the City plans to present at the Citywide Accident
Review Board hearing. This material will be supplied as quickly as possible after the
material has been prepared.
J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article unless otherwise specified in this MOU. The employer shall count as time
worked any hours or fractions of hours spent within the employee's regular work shift in
pursuit of benefits provided by this Article.
K. Any unit member covered hereunder shall, on his request and by appointment, be
permitted to examine his personnel file and/or supervisor file, in the presence of an
appropriate supervisory official of the Department. The unit employee may authorize in
writing a union representative to examine their personnel and/ or supervisor file on their
behalf. The employee is entitled to designate 1 person of his choosing (lawyer, union
representative, close friend, etc.) to accompany him in reviewing his file. The employee,
however, must be present at the review. In addition, the unit member may, at his
discretion, attach rebuttal statements to any material contained in his personnel file
and/or supervisor file, which may be of a derogatory nature. No unit member shall have
any adverse statements entered into his personnel file without the member being
informed by a supervisor. The employee shall be requested to date and sign such
adverse material, not as an indication of agreement, but solely as evidence of being
advised of its existence. If the unit member requests, he shall receive a copy of the
material in question. Medical information should be maintained in a separate confidential
file.
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1. The City will establish a logging system within the department and central personnel
file. The log will identify the date, name of the person (other than Human Resources
staff) that examined the file, and purpose.
2. If an employee is not given their performance evaluation by the annual review date
the employee's merit increase will be processed within 21 calendar days following
the above due date and be retroactive to the performance evaluation annual review
date. (If an over all "met").
Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee’s return to employment, if applicable):
Sustained discipline of 40-hour suspension or greater of the following types:
• The employee has been abusive or threatening in attitude, language, or conduct towards
fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift, or favor in the course of
the assigned work or in connection with it, which would lead toward favoritism or the
appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-3101),
excepting a pocket knife (as provided in ARS 13- 3102) at a City worksite1, unless such
employee is a police officer. 1 (A worksite includes not only City buildings and property,
but also City vehicles and private vehicles while being used on City business, and other
assigned work locations.)
• The employee has intentionally falsified records or documents made, kept, or maintained
for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or the property
of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-discrimination
policies.
• The employee committed a violation of the City’s Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
• The employee has committed a Class 3 violation of use of force (For enforcement
positions within the Police Department).
L. The City will comply with provisions of A.R.S. Sec. 12-2506, paragraph D, subparagraph
1, and assume responsibility for the actions of any Unit III employee in a legal proceeding
for personal injury, property damage, or wrongful death, when it is demonstrated that
the employee was performing his regularly assigned duties without malice or any degree
of negligence.
M. The City shall notify employees in writing of any new policies and/or revision in City or
written department policies affecting Unit III employees. Notice shall remain available
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for not less than 21 working days. Review of policy revisions shall be included in
employee meetings and shift briefings when appropriate and practical to do so. The City
will notify employees of new or revised written City or Department policies affecting Unit
employees as soon after release as possible.
N. A coaching is a verbal discussion or meeting with an employee to actively discuss any
problem with the employee. A coaching is not to be considered a first offense for
purposes of progressive discipline. A written record of a coaching may be placed in the
supervisor’s file. A coaching is to be one-on-one. When 2 or more supervisors are
present at the coaching, the employee will be allowed a representative at the employee’s
request. An employee may receive more than 1 coaching for a similar matter. A
coaching given to a unit member cannot remain in a supervisor’s file for more than 1
year from the date the coaching was issued, provided no further incidents of a similar
nature occur during this 1 year period.
A supervisory counseling is a written warning that the supervisor shall document in
memo form. A supervisory counseling is not discipline. They are to be used to determine
only notice to the employee and credibility. The supervisory counseling shall be initialed
or signed by the unit member within 2 weeks of being advised that the counseling has
been issued.
If a supervisory counseling is to be used in any disciplinary or personnel action or any
performance rating, the employee will be given the supervisory counseling in memo
form, that identifies the behavior requiring improvement, the reason for the improvement,
and the consequences of continuing the unacceptable behavior. The memo will contain
a line for the employee’s signature and above the line the statement: “The employee
shall date and sign the supervisory counseling, not as an indication of agreement, but
solely as evidence of being advised of its existence.” The employee will receive a copy
of the memo.
A supervisory counseling will only be retained in the supervisor’s file. It will not be placed
in the employee’s personnel file.
Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
in file.
Coachings/Supervisory Not maintained Not maintained
Remove annually
Counselings in file. in file.
provided no
further incidents.
Maintain copy in Maintain original
Maintain copy in
file. in file.
file.
Employee may Employee may
Written Reprimands Remove annually
request to request to
provided no
remove inactivate
further incidents.
after 3 years. after 3 years.
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Maintain copy in Maintain original
file. in file.
Suspensions Employee may Employee may
(other than below) request to request to
remove inactivate
after 10 years. after 10 years.
Maintain copy in Maintain original
Discipline as discussed file. in file.
in section 1-4.K.2 Cannot Remove May not be
inactivated
The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or Department
files are not the official record. Employees may request to remove/inactivate eligible
documents based on the above criteria. Official records may only be inactivated and not
removed.
If an employee receives a written reprimand during the rating period, the supervisor will
document the improvement required in the employee’s performance evaluation without
documenting the issuance of discipline.
The City continues to retain the format used for corrective action/discipline, including
forms, technology, etc.
Documents or notes maintained in a supervisor’s file will not be used in future
disciplinary actions (Grievances or Civil Service Board) unless the unit member has
been previously made aware of the existence of the performance/conduct concerns.
A unit member who receives a written reprimand, suspension or demotion upon request
will be provided a copy of the investigative summary (if any exists) supporting the written
reprimand, suspension, or demotion at the time the unit member receives the discipline.
An employee who receives a written reprimand, suspension, or demotion may request
a copy of the information upon which the discipline was based and will be provided a
copy at no cost to the employee.
If a unit employee is suspended, it is understood that a suspension day is defined as 8
hours. For employees working a 4-10 schedule, the other two hours of the work day
would be accounted for at the sole discretion of management.
Unit members may serve suspensions of more than 40 hours on an alternating weekly
schedule.
After a separation notice has been signed by the appropriate authorities, and if the unit
member is given the opportunity to resign, the unit member will have two hours to consult
with a representative.
Unit members are entitled to representation if a "Not Met" performance evaluation is
appealed and is at the Executive Level (Assistant Director or Director) or when
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management has more than one representative at the meeting to discuss the appeal of
the performance evaluation.
A unit member shall receive a copy of any statement that they are asked to sign.
Employees will be notified of performance issues as they occur or are discovered.
Employees may appeal “Not Met” ratings on their performance evaluations.
O. City employees who are on duty and are, either witnesses, charging parties, appellants
or grievants may attend grievance, Civil Service, Phoenix Employment Relations Board
(P.E.R.B.) and Accident/Collision Review Board hearings and/or meetings on city time
provided 1) it is for their particular case which is either scheduled or on the public
meeting agenda for that date and time and 2) Once a witness testimony has been
concluded, or if a grievant, charging party or appellant once that agenda item has been
completed of if the grievance meeting concluded, unless they have made other
arrangements in advance with their immediate supervisor’s approval, they will promptly
return to work. Management reserves the right to restrict the number of witnesses who
can be off of the job at any one time but will cooperate in rotating witnesses from the
workplace so as to minimize the impact to operations and service to the public. For
group grievances, the group will be allowed to select no more than two non-witness
members of the group to attend the proceeding. These do not have to be the same
group members for each step or meeting of the entire proceeding. As a matter of
courtesy, employees will give management as much notice as possible.
P. Rights and Disciplinary Matters (Police Department)
1. Unit members of the Police Department have the right to appear before the
Departmental Disciplinary Review Board when disciplinary matters are brought
before the Board involving the unit member which may lead to demotion, suspension
or discharge.
a) The purpose of such appearance is to give the unit member an opportunity to
respond to the assertions made against him.
b) The Department shall notify the unit member 10 calendar days prior to such
opportunity to respond to the Board. The notification shall contain the date, time,
violation(s) and basis of each violation that has been partially or wholly sustained.
In addition, the unit member, if he chooses, may meet with his immediate
supervisor along with his second level supervisor, or the unit member’s
bureau/precinct commander for the purpose of discussing the basis of each
violation to be reviewed by the DRB. If the immediate supervisor conducted the
investigation, the unit member, if he chooses, may meet with the next supervisor
in his chain of command.
Such request shall be made in writing to the unit member’s immediate supervisor.
Also, the unit member, if he chooses, may be accompanied by a unit
representative at either meeting.
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At the pre-DRB meeting, the unit member shall be afforded a reasonable
opportunity to review the written investigation.
Realizing that in some cases there may be information that would be detrimental
to the department’s ability to conduct misconduct investigations, that information
may be deleted. However, all other information will be available for review.
The unit members under investigation may request an edited copy of the DRB
packet at no cost to the unit member. The City has 7 calendar days from the date
of request to provide above-mentioned packet. If this information is provided to
the unit member, there shall be no pre-DRB meeting.
The unit member may, at his discretion, appear before the Board with a unit
representative of his choosing, and may state his reasons why the proposed
action is unjustified.
The unit member may submit relevant written matter in support of his position.
2. Any unit member under investigation by Professional Standards or a Police
Department Supervisor for a disciplinary matter, and who is interviewed or
interrogated shall be given a written notice of investigation (Form 80-58DB) informing
him of the nature of the investigation and his status in the investigation. In addition,
the unit member and/or the Police Department supervisor/internal affairs
representative may mechanically record such interview/interrogation. Should any
mechanical recordings take place, the department reserves the right to transcribe
any such interview/interrogation for the purpose of verifying the accuracy of the
interview/interrogation and, if requested, the unit member shall sign the transcription
if it is accurate.
The unit member may request a copy of the above recording. In order to receive this
copy, the unit member may be asked to provide Professional Standards with a
current appropriate medium to record the copy. The unit member shall not receive
additional pay for picking up or dropping off this recording.
The employee shall be given the above-mentioned written notice of investigation at
the onset of the misconduct interview and prior to the employee being requested to
prepare a written statement. If the employee is requested to prepare a written
statement, the employee may request 1 hour to contact his Union representative
prior to making the written statement. When a unit member is given a written notice
of investigation (Form 80-58DB), other than the investigating supervisor/s, the only
persons the unit member may speak to concerning the investigation are their
attorney, minister, unit representative, or spouse not involved in the investigation.
When the investigation is completed, the accused employee will be notified in writing
of the findings.
A Professional Standards Bureau investigator will make available for review by the
unit member and the representative any video, audio, or photographs that are being
used as the basis for an allegation of misconduct. The investigator will not
intentionally misrepresent any fact or material issue to the unit member.
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3. Unit members have the right to representation in dealings with the City concerning
grievances and investigatory interviews with a Police Department supervisor in a
disciplinary matter which may lead to suspension, demotion or termination. The
representative must be a bargaining unit member. The bargaining unit representative
will be the most readily available unit representative. The employee will be allowed
to seek advice and counsel from their representative during caucus and prior to,
during, and after the interview. Prior to the conclusion of the meeting, the member,
or representative on behalf of the employee, will have the opportunity to make a
closing statement. If a unit member is called to an investigatory interview with a
Police Department supervisor for a disciplinary matter which may lead to a Written
Reprimand, the conversation shall be mechanically recorded by the supervisor and,
if requested, the unit member shall receive a copy of the recording. Further, if
personally requested by the unit member, representation will be allowed during a
Professional Standards investigatory interview/interrogation concerning allegations
focused on the unit member which may result in disciplinary action against him for
violation(s) of the City or department work rules and regulations. The representative
must be a bargaining unit member. The representative will be the most readily
available unit representative. The employee will be allowed to seek advice and
counsel from their representative during caucus and after conclusion of the interview.
Prior to the conclusion of the meeting, the member, or representative on behalf of
the employee, will have the opportunity to make a closing statement.
The Union representative may assist and consult with the employee, attempt to
clarify the facts or questions asked, and suggest other employees or witnesses who
may have knowledge of the underlying issues. The Union representative may not
turn the meeting into an adversarial proceeding, unduly disrupt the interview,
interfere with the objective of the examination, or compromise the integrity of the
interview. The Union representative may not interrupt the employee’s response to a
question or prevent the employee from responding to a question. The Union
representative also may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.
During the interview, the interviewer may insist that he is only interested in hearing
the employee’s own account of the matter under investigation at that time. The
interviewer may not prohibit the Union representative from engaging in meaningful
representation, including assisting and consulting with the employee.
If a supervisory counseling is to be used in any disciplinary or personnel action or
any performance rating, the employee will be given the Supervisory Counseling in
memo form, that identifies the behavior requiring improvement, the reason for the
improvement, and the consequences of continuing the unacceptable behavior. The
memo will contain a line for the employee's signature and above the line the
statement, the employee shall date and sign the supervisory counseling, not as an
indication of agreement, but solely as evidence of being advised of its existence," will
be included. The employee shall date and sign the supervisory counseling, not as
an indication of agreement, but solely as evidence of being advised of its existence.
The employee will receive a copy of the memo.
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Only paperwork pertaining to any completed N.O.I. Investigation resolved as
sustained will be kept in an employee's file.
Attendance at the Police Department Disciplinary Review Board (DRB) is optional.
An employee may attend or not attend; it is his or her individual choice. If an
employee declines to appear before the DRB, comments made during deliberations
of the Board will not be presented to the Civil Service Board and the fact that the
employee did not appear before the DRB will not be held against the employee. The
employee may, at his or her discretion, appear before the Board with a representative
of his or her choosing and may state his or her reasons why the proposed action is
unjustified. The employee and his or her representative may passively observe all
presentations made to the Board and all responses made to questions by Board
members. The employee and non-board members will be excluded from the room
during Board deliberations. In addition, a representative from Labor Relations will
be present as a passive observer at the DRB at the union's request.
If a Polygraph examination is required of a unit member, a unit representative may
monitor the audio/video-taped examination from the monitoring room.
Q. Crime Scene Specialists, Detention Officers, and Police Assistants assigned to
Enforcement positions in the Police Department shall be permitted to work out on
their "Code 7" at Police Department facilities.
Unit employees who work out on their "Code 7":
Are required to remain in workpants/boots.
Must adhere to Operations Order 4.1 (Meals and Breaks);
Must submit a workout memo through the Chain of Command to the Department
Fitness Coordinator;
Must adhere to Operations Order 3.7 (Industrial Injuries);
Must limit their activity to Strength Training/Cardio Training;
May not work out on their "Code 7" during overtime shifts; and,
May not work out during the last 2 hours of their duty shift, unless approved by their
supervisor.
Program viability will be reviewed annually by the Police Chief and the program may
be cancelled at that time.
Section 1-5: Prohibition of Strike and Lockouts
A. The Union pledges to maintain unimpaired municipal services as directed by the City
and neither the Union nor any of its agents will authorize, institute, engage in a
slowdown, work stoppage, or strike against the City. During the term of this
Memorandum, neither the City nor its agents shall authorize, institute, aid or promote
any lockout of unit members covered by this Memorandum.
B. The provisions of Section 2(17) and Section 13 of the Meet and Confer Ordinance are
expressly incorporated herein.
Page 293
Section 1-6: New Positions and Classifications
A. The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.
The parties agree to consult on the inclusion or exclusion of new classification(s) in the
bargaining unit and may thereafter refer any such matter, jointly or individually, to the
Phoenix Employment Relations Board (PERB) for appropriate action.
The City shall give notice to the Union within 10 working days whenever a classification
or compensation study is undertaken that includes active positions belonging to the
Union. The City shall notify the affected Union of the results and recommendations
resulting from any study 30 calendar days prior to that study being presented to the
Human Resources Committee. It should be noted that there is no guarantee, either
expressed or implied that changes to a classification or its grade and salary range will
result from a study.
The Union may submit a prioritized written request of classifications specific to the unit
that they wish to have studied. All written requests shall include a full explanation of why
the classification should be studied. This explanation shall indicate whether the Union is
requesting a full classification study (including job levels and job architecture) or if the
request is limited to a compensation review to assess market competitiveness and grade
and salary levels. At least two requests by the Union shall be started by the Human
Resources Department in order of their ranking per contract year.
The Human Resources Department shall provide the Union with an opportunity to meet
with the person conducting the study prior to preparation of any report or
recommendations.
B. The City will schedule a meeting with the Union, with a minimum of seven calendar
days’ notice, to discuss management recommendations for contracting of work
presently being performed by unit members which would directly result in a reduction
in the number of regular unit positions during the term of this agreement. The meeting
will occur prior to any final recommendation to the City Council. Failure by the City
to meet with the Union under this Article may be subject to the Grievance Procedure
(Article 2, Section 2-1) of this MOU. The management recommendation, and final
decision thereon by the City, shall not be subject to the Grievance Procedure (Article
2, Section 2-1) of this MOU. The City shall endeavor to meet with the Union at least
30days prior to elimination of any Unit 3 positions.
ARTICLE 2: Grievance/Arbitration/Labor Management
Section 2-1: Grievance Procedure
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It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article.
A. Informal Resolution
1. As a matter of good labor-management relations a unit member who believes that
they have a bona fide grievance must discuss and attempt to resolve it with his
immediate non-unit supervisor.
2. If such informal discussion does not resolve the problem to the unit member's
satisfaction, the unit member may file a formal grievance in accordance with the
following procedure:
B. Definition of Grievance
1. A "grievance" is a written allegation by a unit member, submitted as herein specified,
claiming violation(s) of the specific express terms of this Memorandum for which
there is no Civil Service or other specific method of review provided by State or City
law.
2. The City continues to retain the format used for grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall be
null and void and will not be processed in accordance with this procedure.
C. Procedure
In processing a formal grievance, the following procedure shall apply:
A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
Step 1
The unit member shall reduce the grievance to writing by signing and completing the
grievance form provided by the City, and submit it to the second line supervisor
designated by the City or City designee within 14 calendar days of the initial
commencement of the occurrence being grieved or when the employee had reasonable
cause to become aware of such occurrence. Either party may then request that a
meeting be held concerning the grievance or they may mutually agree that no meeting
be held.
The second line supervisor shall, within 14 calendar days of having received the written
grievance or such meeting, whichever is later, submit a response thereto in writing to
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the Grievant and the Grievant’s representative if any. The time period for an appeal
begins when an email is sent to the Grievant's representative. (Grievance responses
may be emailed. Email to officestaff@afscme2960.org or local’s current email approved
by Local President. It is recommended that the fax is sent when the copy is given to
employee). The parties by written mutual agreement may skip from Step 1 directly to
Step 2 of the grievance procedure.
Step 2
If the written response of the Step 1 does not result in resolution of the grievance, the
Grievant may appeal the grievance by signing and completing the City form and
presenting it to the second level of review (Department Director designated by the City)
within 14 calendar days of the Grievant’s receipt of the Step 1 response.
Either party may request that a meeting be held concerning the grievance or may
mutually agree that no meeting be held. Within 14 calendar days of having received the
written grievance or the meeting, whichever is later, the second level of review shall
submit a response to the grievance to the Grievant and the Grievant’s representative, if
any. The time period for an appeal begins when an email is sent to the Grievant's
representative. (Grievance responses may be emailed. Email to
officestaff@afscme2960.org or local’s current email approved by Local President. ).
The parties by written mutual agreement may skip from Step 2 directly to Step 3 of the
grievance procedure.
Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The grievance,
as originally written and Step 1 and Step 2 responses, must be submitted to Labor
Relations within 14 calendar days of receipt of the Step 2 response. Labor Relations
shall, within 14 calendar days of the receipt of the grievance, meet with the department
head, or designee, and the Grievant and the Grievant’s representative, if any, in an
attempt to resolve the grievance. Labor Relations shall then submit a written response
to all parties within 14 calendar days of the meeting.
Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in resolution
of the grievance, the Grievant and the Union may, within 14 calendar days of having
received the Step 2 response, appeal the grievance by signing and completing the
City form and presenting it to Labor Relations. The time period for an appeal begins
when an email is sent to the Grievant's representative. (Grievance responses may
be emailed. Email to officestaff@afscme2960.org or local’s current email approved
by Local President. ). A Grievance Committee hearing will be scheduled at which
the Grievant shall be afforded the opportunity to fully present his position.
The Grievance Committee will consist of:
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Chairman: A City of Phoenix Department Director or a member of the City
Manager’s Executive Staff or a retired City Manager’s Executive Staff (at no cost)
as selected jointly by the Labor Relations Administrator and the Union President
through a pre-established list.
Member: A mutually agreed upon neutral member.
Member: The President or the President's designee of another civilian
union/association, other than the Grievant’s, representing employees with the
City.
At the beginning of each MOU year, the Union and the City will each select 5
Department Directors or members of current or retired City Manager’s Executive
Staff to serve on the Grievance Committee. No selected Department Director or
Executive Staff member will serve as a committee member when the grievance
involves his/her assigned department. Staff support to the Committee during the
hearing will be provided by Human Resources Department staff.
Before each Grievance Committee, the Labor Relations Administrator and the Union
President will either mutually agree upon one of the names, or the parties will take
turns striking names and the final name will be selected. Labor Relations staff will
then schedule the Grievance Committee meeting.
The Grievance Committee shall, within 10 calendar days of receipt of the appeal,
schedule a hearing regarding the grievance at which the Grievant shall be afforded
the opportunity to fully present his position and to be represented. A Grievance
Committee meeting shall be held within 60 calendar days of receipt of the appeal.
The Grievance Committee shall, within 10 calendar days of the conclusion of the
hearing, make advisory recommendation on the grievance and submit it to the City
Manager for final determination for those employees who have elected to use this
procedure instead of arbitration.
The Grievance Committee shall submit findings and advisory recommendation(s) to
the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated representative.
b. In lieu of such hearing, the Grievant and the Union may jointly invoke the following
procedure by submitting written notice to the Labor Relations Division within 14
calendar days of having received the Step II response. If the Grievant and the Union
so elects in writing within the above time limit, in lieu of such Grievance Committee
hearing, the grievance may be reviewed by an arbitrator.
The parties, or their designated representatives, shall agree on an arbitrator, and if
they are unable to agree on an arbitrator within a reasonable time, either party may
request the Federal Mediation and Conciliation Service to submit to them a list of 7
arbitrators who have had experience in the public sector. The parties shall, within
10 calendar days of the receipt of said list, select the arbitrator by alternately striking
names from said list until one name remains. Such person shall then become the
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arbitrator. The arbitrator so selected shall hold a hearing as expeditiously as possible
at a time and place convenient to the parties, and shall be bound by the following:
i. The arbitrator shall neither add to, detract from nor modify the language of the
Memorandum or of departmental rules and regulations in considering any issue
properly before him/her.
ii. The arbitrator shall expressly confine him/herself to the precise issues submitted
to him/her and shall have no authority to consider any other issue not so
submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City Law.
The arbitrator shall submit findings and advisory recommendations to the Grievant
and the City Manager, or their designated representatives. The cost of the arbitrator
and any other mutually incurred costs shall be borne equally by the parties. The City
Manager shall make the final determination of the grievance and submit it in writing
to the Grievant and his designated representative.
D. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City of the
rights accorded to the Union or unit employee by the specific terms of this Memorandum.
The Union shall file such grievance at Step 3 of the Procedure.
E. Group Grievance
When more than one unit member claims the same violation of the same rights allegedly
accorded by this Memorandum, and such claims arise at substantially the same time
and out of the same circumstances, a single group grievance may be filed in the name
of all such members. Such group grievances shall be filed at the Step of this Procedure
which provides the lowest level of common supervision having authority over all named
Grievant’s. Each unit member that is a party Grievant must be named and must sign
such group grievance.
F. Time Limits
If the City fails to answer a grievance within the time limits specified in Section 2-1 C, it
shall be deemed to have been denied and may be appealed to the next step under the
Article. If the Grievant or the Union fail to comply with said time limits, the grievance
shall be deemed to have been withdrawn without prejudice. The parties may extend
time limits by mutual written agreement in advance.
G. Notice to Union of Grievance Resolution
The City will put the Union on notice of proposed final resolutions of grievances where
the Union has not been designated as the Grievant’s representative for the purpose of
allowing the Union to ascertain that a final resolution will not be contrary to the terms of
this Memorandum.
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The City will ensure that a copy of every M.O.U. grievance filed by a unit member,
including the response from management, is forwarded to the Union at each step of the
process.
H. The City will not discriminate or retaliate against employees because of their exercise of
rights granted by this Article.
I. Regular full-time and regular part-time employees are covered by this grievance
procedure.
J. Employer grievances, should they occur as a result of Official Union activities or actions,
including the failure to act as required under this agreement, will be presented directly
to the Union president or any officer of the Union within 14 calendar days of the
occurrence prompting the grievance. The President, or designee, shall in each case
provide a written answer within 14 calendar days from receipt of the grievance.
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3
herein, provided that the employer shall bear the costs of the services of the arbitrator.
K. Municipal Court
It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Steps 2 and 3 that the designated "Department Head" is
the Executive Court Administrator, and the "City Manager's Office" or "City Manager"
shall mean the Presiding Judge, or his designee as provided in the procedure.
L. The City will be responsible for notifying the Grievant of any grievance meeting by work
and personal email (if available in eCHRIS), to include date, time, and place of any
grievance committee hearing. A copy will be sent to the Union by email to
officestaff@afscme2960.org. If a City representative or if the Grievant does not appear
at the Grievance Committee hearing, the party not appearing shall lose the grievance.
M. Arbitration
1. Independent Arbitrator:
Any unit member who is a classified employee having completed the prescribed
probationary period who has received a disciplinary demotion, suspension, or
discharge, and has a right to appeal that disciplinary action pursuant to the Personnel
Rules, may under the provisions of this article request the Civil Service Board appoint
as a hearing officer an independent arbitrator selected pursuant to the procedures
described in Section 3 below.
2. Appeal:
The Union, on behalf of the member, may request the selection of an independent
arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary
action. Such request must be made within 14 calendar days after the date of service
of notice of the order of suspension, demotion, or dismissal on him personally, or 21
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calendar days from the date of mailing by certified mail the notice of the order of
suspension, demotion or dismissal. The request must be in writing and must state
specific allegations in the discipline notice with which the employee disagrees. The
request must be personally delivered to the Board or deposited in the United States
mail, certified return receipt requested, postage prepaid, addressed to the office of
the Civil Service Board, within the above-stated time.
The Union on behalf of the employee will also immediately thereafter file copies
thereof with the complainant department head and the City Attorney. At the time the
Union files the request for hearing, it shall set forth whether the hearing will be public
or private.
3. Selection of Arbitrator:
Once an independent arbitrator is requested for a hearing, the Labor Relations
Administrator or his designated representative on behalf of the City and the Union
president or his designated representative on behalf of the member will agree on an
independent arbitrator within 10 calendar days after approval and appointment by
the Board of the appeal request. If an agreement on an independent arbitrator
cannot be reached within said 10 calendar days, either party may request that the
Federal Mediation and Conciliation Service (FMCS) or the American Arbitration
Association (AAA) provide a list with the names of 7 arbitrators with public sector
experience. In requesting such lists, the parties will stipulate that arbitrators should
be from within Arizona.
The parties will, within 7 calendar days of the receipt of the list, select the arbitrator
by striking names alternately until one name remains. The remaining name will be
designated as the independent arbitrator appointed by the Civil Service Board as the
hearing officer for the appeal. The parties will jointly communicate with the chosen
arbitrator to advise him of the appointment.
In the event that the chosen arbitrator is unable to accept the appointment as hearing
officer, the parties will either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
arbitrator from the original list. The independent arbitrator chosen will be designated
as the hearing officer appointed by the Civil Service Board for the appeal.
4. Time for Hearing:
When possible, the hearing date will be set within 30 calendar days from the request.
Delays may be granted by mutual agreement of the parties. However, any such
delay occurring at the request of the Union, will automatically be excluded from any
calculations of back pay to the employees, if any, as determined by the Civil Service
Board.
5. Hearing Procedures:
The hearing procedures will be the same as the procedures set forth in Rule 22d,
Personnel Rules of the City of Phoenix. In the conduct of the hearing, the hearing
officer will not be bound by the technical rules of evidence, nor will informality in any
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of the proceedings or in the manner of taking testimony invalidate any order,
decision, rule or regulation made or approved by the Civil Service Board.
6. Witnesses:
An employee appellant, or an employee subpoenaed as a witness, will be granted a
leave of absence from his/her regularly assigned duties during his/her regularly
assigned work hours without loss of pay for the time.
At the request of either party, the arbitrator will order that any witness who will testify
during the hearing be excluded from the hearing room until such time as they testify.
The City and the Union may exclude from the operation of this provision one
representative each of the City and the local Union.
7. Proposed Findings: Objections to Report:
Either party may file with the hearing officer written proposed findings of fact and
conclusions within 7 calendar days of the conclusion of the hearing. A copy of such
proposed findings and conclusions will be served on the other party at the same time
as filing with the hearing officer.
No later than 2 calendar days before the Civil Service Board meeting where the
appeal has been scheduled for hearing either party may file with the Civil Service
Board written objections to the hearing officer’s report. A copy of such objections will
be served on the other party at the same time as filing with the Civil Service Board.
No post-hearing evidence will be submitted.
8. Requirements:
The independent arbitrator selected by the parties pursuant to this article will be
bound by the following:
The independent arbitrator will neither add to, detract from, nor modify the language
of this Memorandum of Understanding.
The independent arbitrator will be expressly confined to the precise issues submitted
and will have no authority to consider any other issue.
The independent arbitrator will be bound by applicable Federal, State, and City laws.
9. Report:
Within 2 weeks of the conclusion of the hearing, the hearing officer/arbitrator will
forward all records and his report containing a statement of the findings of fact,
conclusions, and recommendations concerning the appeal to the Civil Service Board
and send a copy of the report to the parties. The hearing officer/arbitrator may
recommend to the Civil Service Board, the discipline be upheld or modified, or
rescinded pursuant to Personnel Rule 22 (e).
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10. Costs:
The cost of the independent arbitrator and other costs related to obtaining said
arbitrator will be borne equally by the parties. Each party will be responsible for its
own costs incurred in the hearing process, including but not limited to costs for legal
services, service of subpoenas, and expert witnesses.
11. Civil Service Board:
It is expressly understood that this article will not impinge on the powers and duties
of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City
Charter and Rule 22, Personnel Rules of the City of Phoenix.
12. Representation:
The parties agree that for the purpose of this article, the City will be represented by
the Labor Relations Administrator for the City of Phoenix or his designee and the
member will be represented by the President of AFSCME Local 2960 or his
designee.
Section 2-2: Labor-Management Committee
It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article.
There shall be a Labor-Management Committee consisting of representatives of the Union
and representatives of the City. The purpose of the Committee is to facilitate improved
labor-management relationships by providing an informal forum for the free discussion of
mutual concerns and to attempt to resolve problems brought to its attention. If requested
by one of the parties FMCS will be invited to attend.
Topics for discussion may be established and agreed to in good faith by both parties at the
beginning of each contract year and throughout the contract period.
Unit 3 will be involved in a RBO/Labor-Management Process in the Fire Department. The
Committee shall meet monthly or at other mutually scheduled times. For Fire Department
Sections in which Unit 3 members are the majority of employees (i.e., Dispatch &
Deployment, Fire Prevention), those Sections shall establish a Fire Department Labor
Management Committee consisting of the Section Head and Union Stewards within that
Section. The purpose of this Fire Department Labor Management committee is to enhance
service delivery models and address public safety employee-related issues. The Fire
Department Labor Management process is done through the facilitation and open
discussion of mutual concerns and problems which may include: implementation of major
department programs and/or substantial modifications of existing major programs that have
a significant impact on service delivery or work schedules. The Fire Department Labor
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Management Committee shall meet at least annually at mutually scheduled times, and at
other mutually agreed upon times as necessary. Representatives of the Union on the
Committee shall not lose pay or benefits for meetings mutually scheduled during their duty
time.
The parties will have monthly discussions on new city and departmental policies,
procedures, Personnel rules, etc.
The members shall, upon request for a meeting, provide the Chairman with proposed
agenda items and the Chairman shall provide the members with the meeting agenda in
advance of the meeting.
Based upon mutually agreed upon frequency, departments and the City will schedule
regular Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes; the outsourcing of services
currently performed by unit members which could directly result in a reduction in the number
of permanent Unit positions (“contracting out”); and Union participation on City Selection
processes.
Any signed/dated written Labor/Management agreements with the signatures of the parties
and the Chairman will be binding on the parties for the remaining term of the MOU.
Representatives of the Union on the Committee who are employees shall not lose pay or
benefits for meetings mutually scheduled during their duty time up to a maximum of 4 hours
per employee per meeting.
Clarification on defining the hours for shift differential and how it is applied across
departments with Unit 3 employees will be discussed in Labor Management
committee meetings.
Section 2-3: Health and Safety Committee
It is understood by the parties that the benefits granted by this Article shall not be interpreted
or applied as requiring the employer to count as time worked, any hours or fractions of hours
spent outside the employee's work shift in pursuit of benefits provided by this Article. The
employer shall count as time worked any hours or fractions of hours spent within the
employee's regular work shift in pursuit of benefits provided by this Article.
The City will continue to undertake all reasonable efforts to provide for employee health and
safety in accordance with the State's Occupational Safety and Health law. Supervisors and
employees are committed to working together to ensure a healthy and safe work
environment.
A Unit employee may file, without fear of discipline, retaliation or discrimination, a grievance
when in his best judgment; the City has failed to comply with specific safety and health
standards promulgated by local, state and federal regulations. The City will continue its
practice of providing personal protective safety equipment to employees to protect them
from recognized safety and health hazards.
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In order to facilitate this policy, a joint committee entitled, "Health and Safety Committee"
shall be established. This Committee shall be composed of 2 unit members appointed by
the Union and 2 City representatives as designated by the City Manager. The chairpersons
shall rotate among the members.
The Committee shall meet quarterly at mutually scheduled times to consider on-the-job
safety matters referred to it by the existing departmental safety committees and safety
officers, or otherwise coming to its attention, and shall advise Department Heads and the
City Manager concerning on-the-job safety and health matters.
All written recommendations of the Committee shall be submitted to the Department Head
concerned and to the City Manager.
In the discharge of its function, the Committee shall be guided by the applicable regulations
of the State's OSHA agency, and the City's existing practices and rules relating to safety
and health, and formulate suggested changes.
The Union may review and suggest improvements to existing City building evacuation plans
and the City Safety Program.
Employee members of the Committee shall not lose pay or benefits for meetings mutually
scheduled during their duty time up to a maximum of 4 hours per employee per meeting.
ARTICLE 3: Compensation/Wages
Various sections of this MOU contain a form of compensation, wages, or benefits that have
been negotiated in good faith and may or may not provide a direct payment of wages or
other benefit to each member. Those forms of compensation, wages, or benefits that do
not provide a direct payment to each unit member have been negotiated in place of a direct
payment and costed as part of the overall economic package. Examples include: life
insurance, long term disability insurance, leave payouts, etc.
Section 3-1: Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This will
be paid as follows:
1. A 5.24% base wage increase, effective the first full pay period in July 2023.
2. Additional uniform allowance (See Sec. 5-6).
3. A change to the Employee Development Fund benefits (See Sec. 5-7).
B. Additionally, Unit 3 employees will receive a non-continuous payment of $2,776.00
for each full-time employee or $1,111.00 for each part-time employee to be paid
out on the first full pay period in August of 2023.
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The City will evaluate the American Rescue Plan Act and will provide a (non-
specified) percentage of premium pay as allowed by the legislation and deemed
appropriate by the City Council, balancing the needs of the community and
employees in their development of a strategic plan for the ARPA funds. The strategic
plan will follow guidelines provided by the Department of Treasury. This language will
expire at the conclusion of the 2021-2023 MOU.
C. It is understood that for implementation purposes, the practice of rounding of fractional
cents shall be done in accordance with accepted mathematical and accounting
principles.
D. Notwithstanding the rates of pay set forth in any appendix or attachment to the
agreement for reference, the term "pay schedule" shall mean the schedule computed
and published by the Human Resources Department for payroll purposes pursuant to
Council action in the pay and compensation ordinance.
E. Productivity Enhancement Pay
In recognition of dedicated service and overall performance, the City agrees to
implement the following Productivity pay formula for unit members:
1. a) Pay Benefits for those unit employees receiving payments during the prior fiscal
year:
On July 10, 2023 (paid July 28, 2023), and November 13, 2023 (paid December 1,
2023), unit employees who have completed at least six years (6) but no more than
up to 19 years of continuous full-time service and who meet the additional
qualifications specified in this section shall qualify for $100 for the completion of each
year of continuous full-time service in excess of 5 years, up to an annual maximum
of $2,800 at the completion of 19 years of continuous full time service.
On July 10, 2023 (paid July 28, 2023), and November 13, 2023 (paid December 1,
2023), unit employees who have completed 20 years or more of continuous full-time
service and who meet the additional qualifications specified in this section shall
qualify for $125 for the completion of each year of continuous full time service in
excess of five years, up to an annual maximum of $6,000 at the completion of 29
years of continuous full time service.
b) Pay Benefits for those unit employees receiving their first payment on or after July
1, 2014:
Effective the first paycheck in July (same qualifying date as semi-annual payments)
and the first paycheck in January (same qualifying date as semi- annual) payments,
unit members who have completed at least six years (6) but no more than up to 19
years of continuous full time service and who meet the additional qualifications
specified in this section shall qualify for $100, prorated and included each pay period
in the qualifying unit employee’s regular paycheck, for the completion of each year
of continuous full time service in excess of 5 years, up to an annual maximum of
$2,800 at the completion of 19 years of continuous full time service.
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Effective the first paycheck in July (same qualifying date as semi-annual payments)
and the first paycheck in January (same qualifying date as semi- annual payments),
unit employees who have completed 20 years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for
$125, prorated and included each pay period in the qualifying unit employee’s regular
paycheck, for the completion of each year of continuous full time service in excess
of five years, up to an annual maximum of $6,000 at the completion of 29 years of
continuous full time service.
2. Qualifications:
a) An employee must have completed at least one year of continuous full-time
service at the top step in his pay range. Qualifications for Productivity
Enhancement pay are made in the base class and will not be affected by
movement into or out of assignment positions. Productivity Enhancement pay
will not be affected by movements to positions within the same pay range.
When a position is reclassified to a higher classification, or when a classification
is assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which
corresponds the closest to their combined base pay and previous Productivity
Enhancement pay amount (incumbent’s annualized payment, and which does not
result in a decrease from that amount. The placement in the new range will be
limited to the maximum step in the range. If the reclassification or pay range
change only results in a maximum possible one-range increase, and the
incumbent is receiving Productivity Enhancement pay, the employee will be
moved to the top step and continue to be eligible for Productivity Enhancement
pay.
b) An employee must have completed 6 years of continuous full-time service.
c) An employee must have achieved the overall performance rating of “Met” on his
latest performance evaluation on file at the time of the qualifying date.
d) An employee must be on full time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the employee returns to active employment.
e) For those employees who are otherwise eligible for Productivity Enhancement
pay, an employee who receives a below “meets standards” evaluation shall
receive another evaluation within 90 days to 120 days, and if that evaluation is
“meets standards” or better, he will be eligible to receive the next scheduled
Productivity Enhancement payment.
3. Terms of Payment:
a) Payments will be made within 30 days of the qualifying date.
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b) Employees receiving semi-annual payment, who separate from City employment
after the qualifying date, but prior to the payment day, shall receive the payment
in their termination check.
F. Linguistic Pay
This provision is written to provide guidelines for paying Unit 3 members who are
authorized, certified, and required by management to utilize a language other than
English to conduct official City business.
1. Pay Benefits:
A unit member who meets the linguistic skills qualification as determined by a
management review panel and becomes certified shall be paid a premium of $75 per
month.
G. Unit 3 employees who receive an overall “Met” on their performance evaluation and are
eligible for merit shall receive it in accordance with the pay plan.
H. The Union President may bring recommendations for Special Merit Increases to a
Department Head for consideration on behalf of unit employees.
I. During the term of this MOU the City will provide an annual budget presentation to the
AFSCME Local 2960 Board. This presentation will be scheduled within 30 days of the
final budget being presented to Council.
Section 3-2: Overtime
A. Overtime is defined as time assigned and worked beyond the regularly scheduled work
week or daily work shift; it being understood that overtime for all unit members who
normally work a daily work shift of 8 consecutive hours, including a paid meal period on
the job, is defined as time assigned and worked in excess of 40 hours in a 7 day work
period or 8 hours per daily shift including paid meal breaks.
Overtime for unit members assigned to a 4/10 work week schedule is defined as time
assigned and worked beyond the regularly scheduled 10 hours per shift or 40 hours per
week.
There shall be a minimum of 12 hours off between shifts for unit members working a
4/10 and 5/8 schedules. If this is not possible, the employee shall receive overtime
compensation at their regular rate of pay for each full hour, or fraction of hour, worked
within the described 12 hour period for a 4/10 or 5/8 schedule.
This language only applies to employees who work 2 full shifts. A shift holdover is
considered a continuation of the regular shift. Employees cannot receive overtime
compensation and 12-hour rule for the same hours worked (i.e., no pyramiding). If an
employee works less than a full shift either before or after his/her regular shift, the 12
hour rule does not apply. See Appendix E for examples.
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B. Duly authorized paid leave time shall be considered as time worked for the purposes of
calculating premium overtime pay during the regularly scheduled work week (but not
daily workshift).
C. Overtime work shall be compensated at 1 ½ times the regular rate, or compensatory
time at 1 ½ times up to a maximum accumulation of 300 hours of compensatory time,
exclusive of any premium or bonus pay. Authorized overtime hours worked in excess
of 300 hours shall be paid in cash. There shall be no compounding or pyramiding of
overtime pay with regular or premium pay.
Requests for use of compensatory time shall be subject to approval of supervision based
upon operational and scheduling factors. Guidelines for administration of compensatory
time or cash payment of overtime are contained in this Memorandum of Understanding
in Attachment "D."
A unit member may convert accumulated compensatory time credits to cash, up to a
maximum of 120 hours in no more than two, 60 hour increments, by notifying the
Department payroll staff in writing of such intent no later than November 1 (payment will
be made on or before December 15) and no later than July 31 (payment will be made
on or before August 31).
D. Call-Out Pay
An employee shall have a minimum of 3 hours pay at overtime rates when called out for
work after leaving City facilities at a time other than his regularly assigned shift, or when
he is called out for overtime work while on stand-by pay.
Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate 45 minutes after being relieved from duty. This
45 minutes travel time shall be included in the minimum guarantee and shall be paid
only if the total work and allowed travel time exceed the minimum. Where employees
are assigned take-home transportation, they will not be allowed the 45 minutes travel
time. Travel time shall not apply when the employee is working on overtime which was
planned in advance. An employee requested to report early, before the normal starting
time of the shift, shall not be eligible for travel time, but would qualify for overtime for the
extra hours.
Provisions of this section shall be interpreted in a manner which complies with the Fair
Labor Standards Act.
At times when employees are required to work scheduled overtime, they will receive a
minimum of three hours, at 1 1/2, providing said overtime is not immediately preceding
or following his regular work hours.
Remote Access Support
Employees called to perform work by remote access, such as VPN, shall receive a
minimum of 30 minutes pay at the overtime rate or the actual amount of time expended,
whichever is greater. The employee will be paid at the overtime rate in quarter hour
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increments for each remote access support response after the initial response. Calls
placed closer than 30 minutes shall be treated as a single event and subject to the actual
time worked or minimum payment.
Telephone Support
Employees called to perform work by means of telephone support shall receive 30
minutes pay at the overtime rate or the actual amount of time expended whichever is
greater. The employee will be paid at the overtime rate in quarter hour increments for
each telephone support response after the initial response. Calls placed closer than 30
minutes shall be treated as a single event and subject to the actual time worked or
minimum payment.
E. Cash compensation for all overtime will be at 1 1/2 times the regular rate after the first 7
minutes assigned and worked beyond the end of an employee's regularly scheduled
shift, calculated to the nearest quarter hour. There shall be no compounding or
pyramiding of overtime pay with other regular or premium pay except as required under
Fair Labor Standards Act.
F. Off Duty Physician Appointments
When, at the direction of the immediate non-unit supervisor, unit members being treated
by the authorized and designated City physician at times they are not scheduled to be
on duty nor are on paid leave or disability benefit status, shall be entitled to overtime
compensation in accordance with Article 3 hereof. This compensation shall be at a
minimum of one hour or based on actual check-in and check-out time recorded by health
center staff.
G. Overtime shall be worked and shall be allowed if assigned by the non-unit supervisor or
other authorized representative of the City. The City shall endeavor to be equitable in
the distribution of voluntary overtime amongst qualified employees or crews of
employees within the same classification, function, work location, and shift. Seniority
may be used as a factor in determining the assignment of overtime work. Other factors
include work history, skill level, assigned equipment, etc. The City will make available
to the Union, upon request, reports of overtime worked by unit members on a quarterly
basis. Overtime shall be voluntary, except however, the City reserves the right to assign
overtime in the event insufficient employees volunteer, or to avoid inadequate staffing,
or to insure timely service delivery, or to conduct mandatory training.
When a unit member is off duty or on leave and is contacted by telephone by his
supervisor for purposes other than callout or a supervisor approves of the making or
receiving of the call, the unit member will be paid at time and one-half his regular rate of
pay for each quarter hour calculated to the nearest quarter hour (over 7 minutes goes
to the next quarter hour). There will be no compensation for calls under 7 minutes.
A unit member has the option of donating accrued vacation or compensatory time to
another City employee in accordance with Administrative Regulation 2.144.
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Section 3-3: Out-of-Class Pay
A unit member who is temporarily required to serve in a regular authorized position in a
higher classification shall be compensated at a higher rate of pay in accordance with the
following:
A. To be eligible for the additional compensation, the unit member must first accumulate
10 regular working shifts of assignment in the higher class within any 24 month period;
satisfactory performance during a previous appointment to the higher class will be
credited to the qualifying period. The days of out-of-class assignment need not
necessarily be consecutive. Once this qualification is satisfied, no additional re-
qualification will be required. The unit member must be specifically designated in writing
to perform out-of-class duties.
B. Temporary assignments out-of-class shall be recorded only in full shift units. A unit
employee working out-of-class for 5 hours work for a 10 hour shift and 4 hours work for
an 8 hour shift shall be credited with working out-of-class for the entire shift. No
out-of-class credit shall be given for out-of-class work of less than 5 hours for a 10 hour
shift and 4 hours work for an 8 hour shift.
C. To qualify for out-of-class pay, a unit member must be assuming substantially the full
range of duties and responsibilities of the higher level position. Out-of-class pay is not
authorized, for example, if the organization of a work unit is such that each unit member
carries on his normal duties during the temporary absence of a supervisor, without a
need for the direction which the supervisor would provide on a longer term basis.
D. 1. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.
2. When authorized, time worked out-of-class may earn experience only credit toward
completion of experience requirements in lieu of existing experience requirements
for promotion to those classifications where such out-of-class work was performed
in a certified position.
E. A unit member who has qualified under these provisions shall be compensated at the
minimum rate established for the higher class for each completed work shift served in
the higher class. In the event of overlapping salary ranges, a one-step differential shall
be paid for out-of-class assignments. The higher rate of pay shall be used in computing
overtime when authorized overtime is served in out-of-class work assignments; the
overtime rate shall be the rate established by the overtime regulations that apply to the
higher rank.
F. The City shall not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.
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Section 3-4: Sick Leave Cash Out Formula
A unit member who has accumulated a minimum of 750 qualifying hours or more of accrued
and unused sick leave at the time of a duty related retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.
Additional language of this Section 3-4 is contained in Attachments B and C.
Section 3-5: Shift Differential Pay
Unit members shall receive $.60 per hour in addition to their hourly rate of pay when working
a night shift which ends at or after 10:00 p.m. (9:00 p.m. in the Library Division) and before
midnight, and $.80 per hour in addition to their hourly rate of pay when working a night shift
which includes work during the period after midnight to 3:00 a.m. Shift differential shall
continue be paid at the rate of the regular shift for any additional hours worked following the
regular shift.
Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time. If an employee works a 2nd or 3rd shift for 6 hours or
more, they will receive a shift differential.
Employees participating in a 4/10 work schedule shall receive $.60 per hour in addition to
their hourly rate of pay when working a night shift which ends between 10:00 p.m. and 3:00
a.m., inclusive; and $.80 per hour in addition to their hourly rate of pay when working a
regular night shift which ends after 3:00 a.m.
A Unit member shall receive 10 cents per hour in addition to his base hourly rate of pay and
any other shift differential or any other premium pay he may be receiving for working a
weekend shift. A designated weekend shift is defined as any shift that starts on or after 2
PM on Friday and continuing through any shift that starts on or before, but not after 11:59
PM on Sunday.
A Unit member who is called out and works between 2:00 PM on Friday and 11:59 PM on
Sunday will be paid weekend shift differential for all hours worked at the rate specified in
this article.
Section 3-6: Stand-By Pay
When a unit member is required to be available for immediate emergency call-back at times
when the member is not otherwise on duty, the member shall be compensated for such
stand-by hours at $3.00 per hour. Members serving in stand-by assignments shall be
subject to contact requirements as provided for by the Department Head.
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Section 3-7: Show-up Time
Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself for work as scheduled, shall be paid for at
least 4 hours at the hourly or applicable rate of pay. If work on the employee's regular job
is not available for reasons beyond his control, the City may, at the City's discretion, assign
the employee substitute work.
Employees who start work and are later compelled to stop because of inclement weather
or other conditions beyond their control shall be paid for the hours they work, but they shall
be paid for not less than 4 hours at the straight time rate.
Employees released hereunder prior to the end of their regular shift may be required to
stand-by and keep themselves available for immediate call-back during the balance of their
regular shift (for which time they shall be entitled to stand-by pay under Article 3, section 3-
6, "STAND-BY PAY" hereof). An employee may request the use of any accrued leave time,
exclusive of sick leave, to cover the balance of his regular scheduled work shift. Employees
called back to work shall be entitled to their hourly rate of pay for the balance of their
regularly scheduled shift.
Section 3-8: Jury Duty Pay
Pursuant to A.R. 2.24, as amended, a unit member called for jury duty or subpoenaed by a
court as a witness shall be granted a leave of absence from municipal duties without loss
of pay for the time actually required for such service and may retain jury or witness pay,
except where such testimony or witness duty is the result of a unit member's official duties
as a City employee.
To be eligible for paid leave for jury or witness duty, an employee must present verification
of his call to jury duty or witness duty.
Paid witness leave shall not be allowed when the unit member is the defendant, plaintiff or
voluntary character witness in a court action.
Subject to operational and scheduling needs, unit members whose regular work shift is
worked after 5 p.m. and prior to 8 a.m. may be allowed by management to be assigned to
the day shift during the period of jury duty service. The member will be responsible to notify
their supervisor as soon as they are notified for jury duty by a court.
Call Out Pay for Court Time:
When, as a result of his official duties, a Unit member is required to appear as a witness at
a time that the employee is not otherwise on duty, the employee will receive a minimum of
3 hours pay at 1 ½ his regular rate of pay, except that an employee shall not be eligible for
additional compensation during that 3 hour period.
Court Time Stand-By:
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When a Police Department Assistant, Crime Scene Specialist, or Commercial Vehicle
Inspector receives a subpoena or other notice requiring him to stand-by to appear in court
to testify concerning the performance of his official duties at a time other than his regularly
scheduled shift, he shall be compensated the greater of either $100 per day for each day
the subject court proceeding is in session and the Unit member is subject to call, or in
accordance with the current provisions of the Fair Labor Standards Act for the term of this
agreement or for so long as the Act is applicable.
Subject to operational and scheduling needs, full-time Unit 3 employees whose non-
traditional work schedules include N-days may be allowed by management to be provided
an alternate N-day during the pay week for hourly employees (when the date of jury service
falls on the employee’s regularly scheduled N-day).
Section 3-9: Deferred Compensation Program
The City shall contribute an additional 0.75% of each Unit employee’s monthly base wages
for a total of 2.36% to the City Deferred Compensation Plan.
Section 3-10: Compensation for Approved Training
Any Communication Dispatcher assigned to the Aviation or Fire Departments and Police
Communications Operator who is selected by their Department to conduct department
approved field training will be paid a one-step differential or a minimum of 3%, whichever is
higher, for those hours actually spent training other staff members.
ARTICLE 4: Hours of Work/Working Conditions
Section 4-1: Hours of Work
A. This Article is intended to define the normal hours of work and to provide the basis for
calculation and payment of overtime pursuant to Article 3, section 3-2. Unit members
may sign individual statements waiving the provisions of this section concerning
consecutive days. Signed waivers shall continue in effect per M.O.U. year, unless there
is an emergency of long-term duration affecting the employee. In which case, the
employee will give the City at least ten calendar days notice in order to revoke the
waiver.
The City, in collaboration with the Union, may experiment with flextime schedules when
all the following conditions are met:
a. Approval of Department Head
b. Approval of Union President
c. Mutually agreed schedule between Unit Member and Supervisor
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d. Signed waiver
The regular work day and regular work week shall consist of 5 consecutive days of 8
hours or 4 consecutive days of 10 hours of work excluding unpaid meal periods in a 7
calendar day pre-established work period, except in those departments performing
normal services regularly on Saturday and/or Sunday, with the following exceptions:
1. To the extent that Library schedules do not conform to the above provision, it is not
intended nor shall this section change such scheduling practices in the Library
Division.
2. The shift schedule for unit members in the Fire Dispatch Operation shall be subject
to change during the term of this Memorandum, when such is conducive to efficient
operations in the judgment of department management. The Union shall be advised
of such changes in advance in the Labor-Management Committee (Article 2, section
2-2).
3. Exceptions to this Section may be made for Detention Officers in the Police
Department.
The City and Union will discuss aligning the definition of the start date of the shift in
Labor-Management meetings.
B. Regular work schedules showing the employees' shifts, work days, and hours shall be
posted where accessible to employees.
C. Except for emergency situations, permanent regular work schedules shall not be
changed without notice of at least 14 calendar days to the affected employee(s). Full-
time unit members shall be given notice of at least 14 calendar days when there is a
change in their permanent work location. Excluding employees of Parks or City
Clerk, part-time employees who have one permanent work location shall be given
notice of at least 14 calendar days when there is a change in their permanent work
location. "Emergency" hereunder shall mean unforeseen operational circumstances.
When used in the context of this article, operational circumstances will be defined as
service demands or other required actions performed to accomplish the mission of the
department. These actions may be routine (anticipated) or emergency (unanticipated).
For routine operational actions, 14 calendar days notice will be given to change
permanent regular work schedules. For emergency operational actions, unit members
will be provided as much advance notice and information as the situation will allow.
When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City will
notify the Union of such changes or new schedules within 7 calendar days notice.
Employees may request to be changed to another work schedule, and when a position
on such schedule becomes vacant and available, shall be so reassigned on a seniority
preferred basis when qualifications and experience are deemed to be equal by the City.
(See Article 4, section 4-4 Seniority)
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D. Employees engaged in continuous operations are defined as being any employee or
group of employees engaged in an operation for which there is regularly scheduled
employment for 24 hours a day, 7 days a week.
The work week for employees engaged in continuous operations shall consist of 5
consecutive days of 8 hours of work or 4 consecutive days of 10 hours of work, excluding
unpaid meal periods. This provision shall not apply to relief positions.
E. Unit 3 employees' regularly scheduled workday will be determined by the actual calendar
date that they start their shift.
Section 4-2: Rest and Lunch Periods
A. Scheduled work shifts shall include meal periods to be observed as follows:
5 DAY WORK WEEK MEAL PERIOD
8 hours 30 minutes on the job, paid at straight time
8-1/2 hours 30 minutes, unpaid
9 hours 60 minutes, unpaid
4 DAY WORK WEEK MEAL PERIOD
10 hours 30 minutes on the job, paid at straight time
10-1/2 hours 30 minutes, unpaid
11 hours 60 minutes, unpaid
Schedules for Police Assistants and Police Aides, in the Police Department shall include
a paid straight-time meal period of 1/2 hour on the job.
Two (2) paid non-work periods of 15 minutes during the above scheduled work shifts
shall be permitted to promote the health, safety and efficiency of employees on the job.
A unit member may request a flextime schedule. If work demands preclude a unit
member from taking an unpaid lunch period, they will receive compensatory time at 1 ½
x for the missed meal period, provided they have received prior authorization from their
supervisor for working through the lunch period and they have worked more than 40
hours that week. When a Unit member does not receive a paid meal period, the meal
period shall be uninterrupted and duty-free. For paid straight-time meal periods of 1/2
hour, the intent is for the employee to have a break from their work station during this
period, but the employee must be available for immediate call-back to work when
necessary. When work demands permit, with a supervisor’s approval, a Unit employee
may combine their 30 minute meal period with one of their 15 minute rest periods to
achieve a 45 minute meal period. This paid leave time counts as hours worked.
B. Activities of employees during above non-work periods shall not be subject to any
unreasonable restrictions.
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C. When a Unit member works overtime of 2 hours or more in addition to their daily work
shift, they shall be entitled to an additional 15 minute break. Every additional 2 hours of
overtime will entitle an employee to an additional 15 minute break.
After 4 consecutive hours of overtime in addition to their daily work shift, a unit member
shall be entitled to a paid meal break of 30 minutes but in no event shall a unit member
be entitled to more than one such break for every 8 consecutive hours of overtime.
Section 4-3: Clean-up Time
Unit employees will be given time, in keeping with past practice, at the end of a normal daily
shift for personal clean-up. Such time is in addition to and exclusive of any time the City
requires be spent for maintaining equipment.
All departments shall provide field employees with the appropriate clean up kits/ materials,
upon request.
Employees shall be allowed reasonable time, as necessary, for personal cleanup prior to
the commencement of lunch and break periods.
The intent of the above provision has always been to allow field employees who need
personal clean-up prior to rest or lunch periods a reasonable amount of time to do so. Clean-
up material should be supplied on an as needed basis to field employees. If the field
supervisors and employees act reasonably in addressing the issue, everyone will have a
more healthy and safer work environment.
Section 4-4: Seniority
A. Seniority shall be by length of service within a class. If seniority within the class is not
determinative, then length of service with the City shall prevail.
B. Seniority shall be used as a factor consistent with established Civil Service procedures
and Personnel Rule 14 in choice of work assignments, vacation schedules, and in the
determination of lay-offs.
ARTICLE 5: Benefits
Section 5-1: Health Insurance
A. The City and Union agree to maintain the current 80/20 split for health insurance for
both single and family coverage. If there is a rate increase or decrease, the City shall
pay 80% of the new monthly contribution and the employee will pay 20%.
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B. The City agrees to the continuation of a Healthcare Taskforce for the purpose of studying
existing plans and to explore alternative plans. The Taskforce shall include
representatives from the City and a Local 2960 representative.
C. It is understood between the City and the Union that the City's monthly contributions will
not, under any circumstances, exceed the actual premium cost.
D. The City will maintain an Employee Assistance Program which will provide confidential
individual and family counseling to all unit members and their eligible dependents.
These services will be furnished by an independent contract agency to be chosen by the
City.
E. Employees in positions in classifications 320 and below will receive a health insurance
supplement allowance of $66.50 two (2) times a year to be paid in August and February.
Regular bargaining unit employees must be enrolled in current City Health Insurance
Program to receive this benefit.
F. All Unit 3 Police employees will be included in coverage of the Police Officers Assistance
Program.
G. The following chart reflects the MERP benefits for unit employees eligible to receive
MERP as determined on August 1, 2007. It is understood the MERP amounts listed are
not subject to modification through contract negotiations but may be increased by the
City.
Retiree with less than 5 years of active City credited service. $117 per month
Retiree with at least 5 years but less than 15 years of active City $135 per month
credited service.
Retiree with at least 15 years but less than 25 years of active $168 per month
City credited service.
Retiree with 25 or more years of active City credited service. $202 per month
H. An additional Medical Expense Reimbursement Plan (MERP) supplement of $100 will
be paid to unit employees who retire on or after July 1, 2007 and are within 15 years of
becoming retirement eligible as of August 1, 2007 and who choose the City’s family
coverage. This additional MERP amount will be paid until retirees reach age 65. Any
unit employee who retires after July 1, 2009, and is eligible to receive MERP, as
determined on August 1, 2007, will receive this additional MERP amount for either family
or single coverage until age 65. This credit is applied directly to the retiree’s premium
deduction.
The $150 monthly allowance for Post Employment Health Plan accounts (PEHP)
continues for all qualifying employees eligible to retire after August 1, 2022. (The
date of an individual's retirement eligibility was determined on August 1, 2007).
I. In the event of the death of a unit member while on duty or while performing a job function
as determined by the City, the City will continue to pay the full monthly health insurance
premium for the spouse or domestic partner and all eligible dependents. Should the
surviving spouse or domestic partner remarry, the benefits of this provision may continue
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through COBRA. The policy is retroactive to any reported and known In-Line-of-Duty
death of a Unit member from July 1, 2010 to June 30, 2019.
Section 5-2: Dental Insurance
The City shall pay the full premium costs for single coverage for employees enrolled in the
base dental HMO or PPO plan and 75% of the premium costs for family coverage for a City
dental plan. If an employee selects a dental plan other than the base HMO or PPO, the
employee will pay the difference between the PPO plan and the selected plan.
The plan shall consist of 80% payment of reasonable and customary charges covered for
preventive and diagnostic services, basic services, and major services. The plan shall also
include an orthodontia benefit providing for 80% payment of reasonable and customary
charges up to a maximum lifetime benefit of $2,500 per person. This plan is subject to the
deductibles and limitations contained in the contract between the dental insurance carrier
and the City of Phoenix.
Effective August 1, 2003 the orthodontia benefit shall be $4000 dollars.
Section 5-3: Life Insurance
The City will provide at no cost to unit employees off-the-job and on-the-job life and
dismemberment insurance with a face value equivalent to the employee's gross annual
salary rounded up to the next $1,000 or $25,000, whichever is greater; in addition, the City
will also provide death-in-the-line-of-duty insurance with a face value of $75,000.
It is understood between the City and the Union that any negotiated changes in life
insurance benefits shall be effective on or about January 1. The designated beneficiary of
a unit member will be paid for all accumulated sick leave hours that remain on the City's
official file at the time of a line-of-duty death of the unit member and payment will be based
upon the unit member's base hourly rate of pay at the time of death. The beneficiary shall
be that person designated in the eCHRIS Benefits portal for the City of Phoenix Group Life
Insurance Program on file in the City Human Resources Department.
Additionally, the City will provide to each unit employee a $200,000 death benefit covering
the unit employees commutation to and from his City work location. This policy will be
consistent with the current City Life Insurance carrier, and will cover the unit employee’s
commute for up to two hours before his shift begins, and two hours after his shift concludes.
In the event of the death of a unit employee while commuting to or from his work location,
for a period of two hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. This policy will be consistent
with the terms of the current City Life Insurance carrier, for the payment of a supplementary
commutation life insurance policy for each unit employee.
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Accumulated sick leave hours on the city’s official file at the time of an active unit member’s
death will be paid. Payment will be based upon the member’s base hourly rate at the time
of death.
Upon receipt of invoice, the City will reimburse the Union up to $6.00 per month per
full-time unit employee for premiums and reasonable administrative costs incurred
by the Union sponsored life/long term care insurance benefit. Labor Relations must
approve all associated administrative costs prior to reimbursement; however,
approval will not be arbitrarily withheld.
Section 5-4: Long-Term Disability
The City will offer a long term disability benefit for all full time, regular unit employees
pursuant to A.R. 2.323 as may be amended (providing that such amendments shall not be
in conflict with the MOU). Employees who have been continuously employed and working
on a full-time basis for 12 consecutive months are eligible to apply for long term disability
coverage. After an established 90 calendar day qualifying period, the plan will provide up
to 66 2/3% of the employee's basic monthly salary at the time disability occurs and continue
up to age 75 for employees who have been employed full-time for 36 months and one day.
This benefit will be coordinated with leave payments, industrial insurance payments,
unemployment compensation, social security benefits and disability provisions of the
retirement plan.
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than 30 months.
Employees participating in the long term disability benefit as of June 30, 2012 will continue
under the previous benefit rules until they return to work or achieve the maximum age of 80
for benefits.
Section 5-5: Holidays and Vacations
A. The City agrees to incorporate into the Memorandum the benefits provided under
Administrative Regulation 2.11, as amended, modified to indicate the following holidays.
Employees, except those on hourly paid status, shall, when possible without disrupting
the various municipal services, be allowed the paid holidays listed below:
New Year's Day - January 1
Martin Luther King’s Birthday - Third Monday in January
President's Day - Third Monday in February
Cesar Chavez’s Birthday - March 31
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran's Day - November 11
Thanksgiving Day - Fourth Thursday in November
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Friday after Thanksgiving Day
Eve of the Christmas holiday - 4 hours
Christmas Day - December 25
Three vacation days- After completion of six months of full-time employment
added to vacation bank of hours
When a holiday named herein falls on Sunday, it shall be observed on the following
Monday, and when a holiday herein falls on a Saturday, it shall be observed on the
preceding Friday, except that in the case of 6 day operations and in the Library
Department such holidays may be observed on Saturday, and in the case of continuous
operations and seven day operations, holidays shall be observed only on the calendar
days on which they actually fall. This paragraph shall not apply to the Eve of Christmas
holiday, which shall only be granted when it falls on the employees' regular scheduled
work day.
A unit member working in a continuous operation, whose regularly scheduled day off
falls on a holiday specified above, and who is scheduled or called in by management to
work a regular shift on such holiday and scheduled day off, shall be compensated as
follows: 8 hours pay for the holiday plus pay at 1 1/2 the regular rate for each hour
assigned and worked, plus compensatory time credit for each hour assigned and worked
to a maximum of 8 hours.
B. Vacation accrual, carryover, and separation payout shall be governed by the following
table:
SERVICE MONTHLY MAXIMUM PAYOUT
YEARS ACCRUAL CARRYOVER
0-5 8 hours 232 hours 280 hours
6-10 10 hours 280 hours 340 hours
11-15 11 hours 304 hours 370 hours
16-20 13 hours** 352 hours 430 hours
21 + 15 hours** 400 hours 490 hours
**In the last three years of service an additional 80 hours may be carried over into a
new calendar year.
Unit members shall be allowed vacation buy out twice per calendar year, on the last
paycheck of November and/or May. The total annual buy out is up to a maximum of 80
hours taken in no more than 40 hour increments, after the employee has accumulated
a minimum of 120 hours and has used 40 hours of vacation/comp-time during the
calendar year.
Unit members may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness of an employee or their immediate family member.
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To every extent practicable, a transferred unit member will be allowed to maintain his
previous vacation schedule.
C. Through Labor-Management Unit 3 established a pilot program for unused vacation time
that unit members would lose since it could not be carried over into the next calendar
year. A bank was established and the time was donated to Unit 3 employees with a
petition on file per A.R. 2.144. The City agrees to continue the pilot program during
the 2023-2024 MOU.
Section 5-6: Uniforms
A. Uniform Allowance
Unit members employed by the Police Department or Fire Department who are required
to purchase, wear and maintain uniforms pursuant to Police or Fire Department rules
and regulations shall be entitled to an annual uniform allowance in the below listed
amounts for the appropriate listed classifications:
Job Classification Allowance
Police Assistant/Special Detail $1150 per annum
(Assigned to Patrol or Transit functions)
Police Assistant $725 per annum
Detention Officer $1150 per annum
Police Aide $725 per annum
Police Communications Operator $725 per annum
Fire Prevention Specialist Trainee $725 per annum
Fire Prevention Specialist assigned to Fire Dept. $1150 per annum
Fire Prevention Specialist assigned to other depts $725 per annum
Court Security Officer $725 per annum
Fire Emergency Dispatcher/Lead $725 per annum
Municipal Security Guard $725 per annum
(Part-time employees receive
80% of full-time allowance
($580) in Library Dept only)
Municipal Security Guard in Police $1150 per annum
(Required to wear Class B or C uniform)
Crime Scene Specialist $725 per annum
The City will issue a one-time $200 winter uniform jacket allowance to for outdoor work
to the following classifications and assignments:
Police Assistants assigned to Parking Enforcement Detail
Police Assistants assigned to Patrol or Police Transit
Detention Officers
Crime Scene Specialists
Municipal Security Guards in Police, Water and Public Transit
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Police Assistants, Detention Officers, Municipal Security Guards in all departments,
Police Assistant-Transit and Police Assistants and Crime Scene Specialists in public
facing positions, as well as Operations Assistants in Aviation working non-secured side
of airport who purchase a new ballistic vest, upon showing proof of purchase, shall be
reimbursed an amount up to, but not exceeding $1,000. Upon replacement, a qualified
employee as listed in this section shall be entitled to the $1,000 reimbursement every 5
years after initial purchase.
In lieu of the $100 employees in the job classifications of Fire Emergency
Dispatcher/Lead previously received from the City/Fire Department for additional
uniform items, employees in these job classifications will now receive an equivalent
uniform allowance of $100. Payment to be made on or about August 1 of each MOU
year.
1. Payment of the annual allowance will be made on or about August 1 of the fiscal year
and shall be for the period of July through June, and is intended to cover the cost of
uniforms, maintenance, and cleaning of such uniforms.
2. New employees will receive the entire annual uniform allowance within 30 days of
the time they are directed to wear and maintain a uniform.
The second uniform allowance, received at the start of the next fiscal year, will be
equal to 1/12 of the annual uniform allowance for each month of the preceding fiscal
period, starting with the first month the employee was directed to wear and maintain
a uniform, to the start of the new fiscal year.
3. Unit members who leave City employment shall repay to the City the uniform
allowance equal to 1/12 for each month remaining in the fiscal year after the last day
of the month in which the separation occurs. Provided, however, that unit members
who retire will not be required to repay any uniform allowance.
The family or beneficiary of a unit member who dies while in the employment of the
City shall not have to pay back any uniform allowance.
4. A unit member who has been on extended leave (paid or unpaid) of 2 months or
longer shall have the next annual uniform allowance reduced by 1/12 of the annual
amount for each month of extended leave.
5. An employee who has received an allowance under this agreement and is
subsequently promoted or transferred into a Public Safety Retirement System
position shall have his allowance adjusted to accommodate the difference but shall
not be entitled to both allowances.
6. Reimbursement Schedule
The City agrees to reimburse all unit members for the repair or replacement of
uniform items and for other personal property damaged in the course of employment
and performance of their assigned duties without fault or negligence on the part of
employees, other than normal wear and tear in accordance with the schedule of
items and maximum amounts authorized for reimbursement outlined below:
Page 322
Uniform Boots/Shoes - Full Cost
Uniform Trousers - Full Cost
Uniform Shirt - Full Cost
Uniform Jacket - Full Cost
Glasses - Prescription $130.00
Watches - $52.00
Jewelry - $44.00
Flashlight - $21.00
Sun Glasses - $17.00 Non-Prescription
Safety Vest - Full Cost
Reimbursement for full, 3/4, 1/2, 1/4, value are based on the supervisor's evaluation
and recommendations of the article's condition and age. Items not listed above are
not covered by the policy.
The option to repair or replace damaged items, and to determine whether replaced
property will be returned to the employee, rests with the City.
The provisions of this policy shall not apply if the employee has concealed or
misrepresented any material fact or circumstances concerning the subject of the
loss, his interests therein, or in the case of any fraud or false statements by the
employee relating thereto.
Any item not specifically mentioned may be discussed in a meeting of the
Labor-Management Committee.
7. Prior to changing or modifying current uniforms, the City will notify the Union, in
writing, with a minimum of 30 calendar days notice of its intent. The Union may
at any time request the Labor-Management Committee meet to discuss changes and
modifications to the current uniforms.
HONOR Guard – Prior to any formal recognition of the Unit 3 Honor Guard, the City and
Union will determine the Honor Guard fund management, uniforms, policies, and
procedures in Labor-Management meetings. A good-faith effort will be made to
schedule these Labor-Management meetings within 8 weeks of the contract start date.
The AFSCME Local 2960 Honor Guard is a professional organization that represents
the City of Phoenix at official events, memorial services and employee funerals. The
AFSCME Local 2960 Honor Guard was established in January 2015 after the LODD
loss of Unit 3 employee Megan V. Lange. The 501c3 was formalized during the 2016-
2019 contract MOU at the request of the City during negotiations to help institute formal
recognition of the Honor Guard. Through the work of AFSCME Local 2960, a registered
501c3 non-profit association (ID #82-08366266), the Honor Guard provides public
education and community service. Each year of this agreement, the City will direct
$25,000 to a fund maintained by the City, which has been charged to the total
compensation of the Unit 3 economic package, to support the work and related
expenses of maintaining the Honor Guard. The Union will submit receipts to the City for
reimbursement. If the entire $25,000 is not used in the first year of the MOU the balance
Page 323
will carry over into the following year not to exceed $50,000 during the term of this MOU.
Funds not used by the end of the MOU will be credited to the Unit 3 package for the
following contract.
Section 5-7: Tuition Reimbursement
A. Unit members who participate in the Tuition Assistance Program shall be eligible for
tuition reimbursement pursuant to the following provisions:
1. For the 2023-2024 fiscal years, an employee may submit tuition expenses incurred
in the prior fiscal year such that the maximum total reimbursed does not exceed
$13,000 across any two-year period.
2. To be eligible for any reimbursement, unit members must have successfully
completed academic or training courses approved by the department head and the
Human Resources Director as provided in existing regulations.
B. Tuition reimbursement in accordance with this Article will be made in the event an
employee's approved course of instruction is terminated solely and directly as a result
reimbursement shall not occur in the event of any other voluntary or involuntary change
in job assignment or employment status.
C. The City will reimburse unit members for expenses incurred as a result of requiring and
maintaining certification required by the City for Building Inspectors, Construction Permit
Specialists, and Operation Assistants Air side, and Fire Prevention Specialist once they
pass the test, on a one time basis only. The City will not reimburse unit members for
classes the City provides at no cost, or for classes the City identifies for unit members
to be taken at no cost.
D. Unit classifications at pay range 324 and above shall be allowed to utilize up to $225 to
attend one-day, in-state, city-related seminars/training and city-related memberships.
Section 5-8: Car Insurance, Mileage Allowance, Bus Pass and Parking
A. Where, with respect to the below listed classifications, the City expressly requires as a
condition of employment that the employee own and utilize his personal automobile in
performing assigned duties, such employees shall be compensated $12.00 per month
toward automobile insurance expenses upon submission and resubmission as may be
required by the City of such insurance expenses being incurred by the employee:
Community Worker II
Caseworker I
Caseworker Aide
Senior Center Assistant
Page 324
Employees required and authorized to use their private vehicle on City business and
who have provided proof of appropriate insurance as required by City regulations shall
be compensated at the IRS regulated rate per mile.*
*Refer to A.R. 6.21
B. Employees regularly assigned to the airport terminal buildings shall be provided parking
facilities without charge at a location at the airport to be specified by the Director of
Aviation.
C. All regular full-time and part time bargaining unit employees will receive, upon request,
a City issued bus/transit pass at no cost to be used only by the employee.
D. If parking rates are increased, the City will notify the union prior to the increase taking
place.
E. Parking rates for employees who drive motorcycles to work shall be reduced by 50%
when they park at the 305 garage or Adams Street Garage.
F. The City will provide 4 parking cards to the Union.
Section 5-9: Unpaid Parental Leave / Family Leave
A. The City will, as a matter of general policy, authorize up to 3 months of unpaid leave for
any unit member who is the parent of newly born, legally adopted child, or any unit
member who needs to care for an ill family member. Family members include spouse,
qualified domestic partner, children (natural, adopted, foster or stepchildren) brother,
sister, parents, and grandparents. Approval and use of this leave shall be subject to
existing Personnel Rules. The employees’ immediate family member does not have to
live in the employees’ household to be covered by this section.
B. Employee may use up to 10 hours of accumulated sick leave in at least one-hour
increments each calendar year for the home care or medical treatment for an immediate
family member residing in the employee’s household. When there is an extreme illness
or injury situation where a life or death question exists involving an immediate family
member, an employee may use up to 5 days of accumulated sick leave. (This should
not be construed as bereavement leave under Personnel Rule 15g.)
In addition, employees may have dependent care situations where the above leave is
insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an immediate
family member up to a maximum of 5 incidents not to exceed a total of 40 hours each
calendar year.
For all of the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor under A.R.
2.30, when evaluating the job performance of an employee involved in a leave-
Page 325
management program, up to a maximum total of 7 incidents per calendar year. An
incident is defined as an absence from work regardless of the length of time.
Immediate family is defined as the following persons: spouse, qualified domestic
partner, child, step-child, brother or sister of the employee or the parent of the employee
or spouse, a relative who, because of family circumstances, has been a parent substitute
to the employee may be considered as a substitute for mother or father in this definition.
Section 5-10: Retirement Program and Benefits
The retirement program and benefits for Unit 3 employees are listed in the Phoenix City
Charter.
ARTICLE 6: Miscellaneous
Section 6-1: Saving Clause
A. If any Article or Section of this Memorandum should be held invalid by operation of law
or by final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any Article or Section should be restrained by such tribunal, the
remainder of this Memorandum shall not be affected thereby; and upon issuance of such
final decree, the parties, upon request of either of them, shall meet and confer and
endeavor to agree on a substitution provision or that such a substitute provision is not
indicated.
B. It is recognized by the parties that this MOU shall be administered in compliance with
appropriate provisions of the Fair Labor Standards Act as may be amended.
Section 6-2: Copies of Memorandum
A. Within 60 days of the date that this Memorandum is adopted by the City Council, the
City will arrange for printing of jointly approved copies of it for furnishing one to every
unit employee, unit supervisor and to management personnel.
B. Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors, and Suppliers), as may be
amended.
Page 326
Section 6-3: Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect July 1, 2023 through June 30,
2024 and thereafter shall continue in effect year-by-year unless one of the parties
notifies the other in writing no later than December 1st, of the final year of the contract,
of its request(s) to modify or terminate it.
B. Except as expressly provided in this Memorandum, the City shall not be required to meet
and confer concerning any matter, whether covered or not covered herein, during the
term or extensions thereof.
C. If any section or provision of this Memorandum violates existing Federal, State or City
law, then such law shall supersede such provisions or section.
D. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with the
meet and confer proceedings resulting in this Memorandum is precluded from initiating
any further meeting and conferring for the term thereof relative to matters under the
control of the City Council or the City Manager.
E. The City may change the terms and conditions of Administrative Regulations during the
term of this Memorandum. The City will notify the Union of any changes in
Personnel Rules and/or new or revised Chapter 2 Administrative Regulations
(ARs) affecting unit employees.
The City will consult the Union concerning changes affecting existing compensation
provided for under the following Administrative Regulations:
2.16 Political Activity Time Off to Vote
2.241 Compensation for Interpreting and
Translation by Personnel in City Courts
2.27 Employee Suggestion Program
2.34 Transitional Work Policy
3.41 Travel Authorization and Travel Expense Allowances
F. The provisions of this Memorandum apply to all unit members, except that entitlement
to health, life and long-term disability insurance, holiday, overtime and show-up benefits
for regular hourly employees shall continue in accordance with present practice and
policy. The City shall not lay off from City employment full-time employees for the sole
purpose of replacing them with hourly employees, and will not alter the status of
incumbent full-time employees to hourly employees.
G. This Memorandum constitutes the total and entire agreements between the parties and
no past written or verbal statement/agreements shall supersede any of its provisions.
Page 327
Section 6-4:
The City shall create an Employee Memorial for those employees lost to COVID-19 to
thank them for their service to the City of Phoenix
Page 328
IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2023
______________________________________________________________________
Frank Piccioli, President, AFSCME Local 2960
_____________________________________________________________________
Jason Perkiser, Assistant Human Resources Director, Labor Relations, City of Phoenix
_____________________________________________________________________
Jeff Barton, City Manager, City of Phoenix
ATTEST:
______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED TO FORM:
______________________________________________________________________
City Attorney, City of Phoenix
AFSCME 2960 Team: City of Phoenix Team:
Frank Piccioli, President Jason Perkiser, Assistant Human Resources Director
Debra Novak-Scott Martin Whitfield, Parks and Recreation Department
Angie Hernandez Jesse Cooper, Police Department
Kanika Jones Patricia Kirkland, Human Services Department
Michelle Newcomb Michael O'Shaughnessy, Aviation Department
Jose Vejar Brandie Barrett, Public Works Department
Kennethy Franklin Rayne Gray, Fire Department
Karen Roberts Sheree Rucker, Human Resources (Coordinator)
Sonya Valenzuela Brianna Soto, Human Resources (Scribe)
Lena Bernal
Sheila Yellowhair
Page 329
ATTACHMENT A
DEPARTMENTS REPRESENTED BY AFSCME LOCAL 2960
Aviation
City Clerk
Community & Economic Development
Phoenix Convention Center
Finance
Fire
Housing
Human Services
Information Technology
Law
Library
Municipal Court
Neighborhood Services
Parks & Recreation
Planning & Development Services
Police
Public Transit
Public Works
Street Transportation
Water
Stewards are listed on our website - afscme2960.org
Page 330
ATTACHMENT B (Relating to Vacation Leave)
All of the following, including the agreed-upon Intent, are material terms of this Attachment
B and if any provision contained herein is not accepted by the City, the City Council or the
employee group, this entire Attachment B becomes null and void:
Section 3-4 (Continued)
A. Final Average Compensation and Vacation Leave
1. The number of vacation leave hours eligible to be cashed out and included in an
employee’s Final Average Compensation upon retirement will be limited to the
number of vacation leave hours in the employee’s leave bank on June 30, 2014, not
to exceed 450 hours.
2. The City recognizes that the Union may bring a lawsuit regarding the City’s proposed
implementation of the practice set forth in this Attachment B by submitting the dispute
concerning the City’s proposal and planned implementation of the practice in
Paragraph B.1 of this Attachment B to a court of competent jurisdiction.
3. The Parties expressly agree that nothing contained in Section 3-4 or this Attachment
B shall be construed to constitute an agreement by the Union to the lawfulness of
the practice set forth in Attachment B or the lawfulness of implementation of the
changes set forth in Paragraph B.1 of this Attachment B. Nor shall anything
contained in this Attachment B constitute a waiver of the Union’s, employees’ or the
City’s claims or defenses in connection with a lawsuit as set forth in Paragraph B.2.
hereof regarding the lawfulness of the City’s proposed implementation of the
changes set forth in Paragraph B.1. The City agrees not to make any argument
based on this Attachment B regarding waiver, estoppel, ratification, novation or any
similar arguments based on this Attachment B. The City expressly agrees it waives
any rights to argue and will not and may not argue, based on this Attachment B, in
any lawsuit as set forth in Paragraph B.2 regarding the lawfulness of City’s proposed
implementation of the changes in Paragraph B.1, that the Union or Unit 3 employees
agreed to the lawfulness of such changes including, without limitation, by asserting
that the Union or employees agreed to the lawfulness of such change based on this
Attachment B, the negotiations leading up to this Attachment B, the ratification of the
MOU by the Unit 3 employees or based on any action or statements of the Union in
relation to this Attachment B.
4. The Parties further agree that until there is a final judgment and declaration with
respect to the rights of the parties regarding the lawfulness of and the proposed
implementation of the practice in Paragraph B.1, if the City calculates retirement
benefits based on such practice, the Union will not seek a temporary restraining
Page 331
order, preliminary injunction or other interim relief to cease the practice set forth in
paragraph B.1. The City expressly agrees that it waives any rights to argue and will
not and may not argue that failure to seek a temporary restraining order, preliminary
injunction or other interim relief to cease the practice set forth in paragraph B.1
constitutes estoppel, an agreement to such practice or waives any rights to challenge
such practice nor will the City argue that either the Union or Unit 3 employees agreed
to the lawfulness of the practice set forth in Paragraph B.1 or such practices based
on the failure to seek a temporary restraining order, preliminary injunction or other
interim relief.
5. The City and the Union further agree that in the event a court determines in a lawsuit
as described in Paragraph B.2., after final judgment and all appeals are exhausted,
that: (a) the vacation payments at issue in Paragraph A are compensation within the
meaning of the Charter; or (b) determines that the practice set forth violates the
contractually vested rights of employees; or (c) determines that the practice violates
either the Arizona or United States Constitutions, the City shall, as soon as is
reasonably practicable after final judgment and all appeal rights are exhausted, sever
Paragraph B.1 of this Attachment B and its terms from this MOU and will take
whatever administrative action is reasonably necessary to undo the practice
described in this Attachment B as required to implement such court’s judgment and
make any affected employees whole. The City shall meet and discuss with the Union
about such administrative action before such action is taken and shall advise the
Union first before advising affected Unit 3 employees about any such administrative
action that directly affects Unit 3 employees
6. The City and the Union further agree that, in the event of a final judgment in the
Union’s favor such as described in Paragraph B.5. of this Attachment, and after all
appeals are exhausted, the City will apply such judgment retroactively to undo the
effect of the practices described in this Attachment B.1 on any employees affected
or bound by this Attachment B and make such employees whole, including without
limitation those Unit 3 employees who retire after June 30, 2014 but before such final
judgment and appeals are concluded. The City shall meet and discuss with the
Union about what actions are taken to undo the effect of the practices and shall
provide the Union with information concerning what Unit 3 employees retired after
June 30, 2014 who were affected by Paragraph B.1 of this Attachment B as
reasonably requested by the Union. The City agrees that it will not argue or claim
that such judgment should be applied prospectively only.
Page 332
ATTACHMENT C (Relating to Sick Leave)
All of the following are material terms of this Attachment C and if any provision contained
herein is not accepted by the City, the City Council or the employee group, this entire
Attachment C becomes null and void:
Section 3-4 (Continued)
C. Sick Leave Cash Out Formula (Continued)
1. Final Average Compensation and Sick Leave.
a. The number of sick leave hours eligible to be cashed out and included in an
employee’s Final Average Compensation upon retirement will be limited to the
number of sick leave hours in the employee’s leave bank on July 1, 2012, provided
all criteria are met as described in Subsection A of Section 3-4 of this MOU.
b. Employees with less than 250 hours of accrued and unused sick leave on July 1,
2012, will not meet the minimum balance requirements for a sick leave cash out
that can be included in their Final Average Compensation.
c. The portion of accrued and unused sick leave that is not included in the Final
Average Compensation upon retirement can be cashed out as a lump sum upon
retirement, provided all criteria are met as described in Subsection A of Section 3-
4 of this MOU.
2. The Parties agree that Paragraph C.1(a-c) of this Attachment C of this MOU shall
not take effect, unless and until a final judgment, after all appeals are exhausted, has
issued in the City’s favor on all claims asserted by the Plaintiffs, as to the lawfulness
of the practice described in Paragraph C.1(a-c), in the pending lawsuit, Piccioli, et.
al., v. City of Phoenix, et al., Ariz. Super. Ct. Case No. CV2012-010330 (“Piccioli”).
3. The Parties agree that nothing in either Paragraph C.1 (a-c) or this Attachment C of
this MOU shall be construed to be a waiver of either the Union’s or the City’s claims
or defenses in connection with the Piccioli lawsuit, including any of the City’s
arguments in defense of continuing its current practice under Administrative
Regulation 2.441 or any of the Union’s arguments that it never agreed to such
changes in the MOU effective July 1, 2012 through June 30, 2014 or otherwise. The
City agrees not to make any argument based on this Attachment C regarding waiver,
estoppel, ratification, novation or any similar arguments based on this Attachment C.
The City expressly agrees it waives any rights to argue and will not and may not
argue, based on this Attachment C, in the Piccioli matter regarding the City’s
proposed implementation of the changes in Paragraph C.1(a-c), that the Union or
Unit 3 employees agreed to the lawfulness of such changes including, without
limitation, by asserting that the Union or employees agreed to the lawfulness of such
Page 333
change based on this Attachment C, the negotiations leading up to this Attachment
C, the ratification of the MOU by the Unit 3 employees or based on any action or
statements of the Union in relation to this Attachment C.
4. In the event a final judgment as described in Paragraph C.2. is issued, the Parties
agree that the City may, as soon as is reasonably practicable after final judgment
and all appeal rights are exhausted, take whatever administrative action is
reasonably necessary to implement the practice described in Paragraph C.1(a-c) of
this Attachment C, provided such action is consistent with the Court’s final judgment.
The City shall meet and confer with the Union about such administrative action before
such action is taken and shall advise the Union first before advising any other Unit 3
employees about any administrative action regarding implementation of Paragraph
C.1(a-c) that directly affects Unit 3 employees.
Page 334
ATTACHMENT D
GUIDELINES FOR ADMINISTRATION OF
COMPENSATORY TIME/CASH PAYMENT OF OVERTIME
The following understanding is intended to serve as guidelines for employees and
supervisory and management personnel when administering the compensatory
time provisions of this Memorandum of Understanding.
Subject to the limitations set forth herein, the following shall apply:
Employees shall have the choice of requesting either compensatory time or cash
payment for overtime authorized and worked, if an overtime appropriation has been
included in the department budget for the departmental work unit in which the
employee works.
Employees will specify the type of payment (cash or compensatory time) at the
time the overtime is worked.
An employee's choice of type of payment shall be subject to supervisory approval.
Once agreement has been reached between the employee and the supervisor, the
type of payment agreed upon shall be honored.
This understanding regarding employee choice shall not apply under the following
circumstances:
Where no overtime appropriation has been included in the department budget for
the work unit in which the employee works.
Where budgetary, staffing, or grant limitations have been placed on the
authorization, use, disbursement or payment of such funds by the City Manager,
Department Head or their designated representatives, or where the terms and
conditions for the receipt and/or utilization of any federal, state, or local government
grants impose such limitations.
The City will make reasonable efforts to notify the Union when changes in
departmental overtime policies regarding the type of payment occur. Provided,
however, that failure to notify the Union shall not prevent or prohibit the department
from implementing such change.
Page 335
APPENDIX E
12-Hour Rule Examples
Regular Shift 2:00 PM - 10:00 PM M-F
Monday Tuesday
Works regular shift Works morning shift
2:00 PM 4:00 PM 6:00 PM 8:00 PM 10:00 PM 12:00 AM 2:00 AM 4:00 AM 6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM
Time period of 6:00 AM - 10:00 AM qualifies for the
12-hour rule. Process XF 4 hours, employee is paid 4
hours at 1/2 time and receives regular hours paid
Wednesday Wednesday
Regular Shift 2:00 PM - 10:00 PM M-F
6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM 4:00 PM 6:00 PM 8:00 PM
Time period of 6:00 AM - 2:00 PM qualifies for the
12-hour rule. Process XF 8 hours, employee is paid 8
hours at 1/2 time and receives OT (1 1/2) for
working 6:00 AM -2:00 PM
Thursday Friday
Regular Shift 6:00 AM - 2:00 PM M-F
6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM 4:00 PM 6:00 PM 8:00 PM 10:00 PM 12:00 AM 2:00 AM
Time period of 6:00 PM - 2:00 AM qualifies for the 12-hour rule.
Process XF 8 hours, employee is paid 8 hours at 1/2 time and
receives OT (1 1/2) for working 6:00 PM - 2:00 AM
Page 336
Report
Supporting documents
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Item text
Approving the Memorandum of Understanding Between the City of Phoenix and
Phoenix Law Enforcement Association, PLEA (Unit 4) (Resolution 22118)
The City of Phoenix has met and conferred with Phoenix Law Enforcement
Association, PLEA (Unit 4) in accordance with the terms of Phoenix City Code section
2-218, and a Memorandum of Understanding (MOU) has been approved by the
organization's membership. A copy of the proposed MOU has been filed with the City
Clerk and an opportunity for public comment was conducted at the April 19, 2023, City
Council Formal Meeting.
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 337
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
CITY OF PHOENIX
AND
PHOENIX LAW ENFORCEMENT ASSOCIATION
REPRESENTING UNIT 4 EMPLOYEES
Page 338
PREAMBLE .................................................................................................................... 4
ARTICLE 1: RIGHTS ...................................................................................................... 4
SECTION 1-1: PURPOSE/GENDER ...............................................................................................................................4
SECTION 1-2: CITY AND DEPARTMENT RIGHTS .........................................................................................................4
SECTION 1-3: RIGHTS OF ASSOCIATION .....................................................................................................................6
SECTION 1-4: RIGHTS OF UNIT MEMBERS................................................................................................................ 11
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS........................................................................................... 20
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 21
SECTION 2-1: GRIEVANCE PROCEDURE ................................................................................................................... 21
SECTION 2-2: LABOR-MANAGEMENT COMMITTEE .................................................................................................. 25
SECTION 2-3: RESOLVING GENERAL COMPLAINTS .................................................................................................. 25
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 26
SECTION 3-1: WAGES .............................................................................................................................................. 26
SECTION 3-2: PRODUCTIVITY ENHANCEMENT PAY ................................................................................................. 27
SECTION 3-3: TRAINING PAY ................................................................................................................................... 28
SECTION 3-4: COMPENSATION FOR INTERPRETING AND TRANSLATION BY SWORN POLICE OFFICERS..................... 29
SECTION 3-5: OVERTIME ......................................................................................................................................... 30
SECTION 3-6: COURT TIME OVERTIME .................................................................................................................... 32
SECTION 3-7: CALL-OUT PAY.................................................................................................................................. 33
SECTION 3-8: OUT-OF-RANK PAY ........................................................................................................................... 33
SECTION 3-9: SICK LEAVE CONVERSION AT RETIREMENT ....................................................................................... 34
SECTION 3-10: SICK LEAVE PAYOUT ....................................................................................................................... 35
SECTION 3-11: NIGHT SHIFT DIFFERENTIAL/WEEKEND SHIFT DIFFERENTIAL ......................................................... 35
SECTION 3-12: STAND-BY PAY................................................................................................................................ 36
SECTION 3-13: COURT TIME STANDBY PAY ............................................................................................................ 36
SECTION 3-14: OFF-DUTY EMPLOYMENT ................................................................................................................ 37
SECTION 3-15: JURY DUTY ...................................................................................................................................... 38
SECTION 3-16: DEFERRED COMPENSATION AND DEFINED CONTRIBUTION PLANS .................................................. 38
SECTION 3-17: NON-DIRECT PAYMENT OF COMPENSATION OR BENEFITS............................................................... 38
SECTION 3-18: DRUG RECOGNITION EXPERT PREMIUM PAY ................................................................................... 38
SECTION 3-19: PHLEBOTOMIST PREMIUM PAY ........................................................................................................ 38
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 39
SECTION 4-1: WORK SCHEDULES ............................................................................................................................ 39
SECTION 4-2: SENIORITY ......................................................................................................................................... 41
ARTICLE 5: BENEFITS ................................................................................................ 41
SECTION 5-1: HEALTH INSURANCE .......................................................................................................................... 41
SECTION 5-2: RETIREE HEALTH INSURANCE ........................................................................................................... 42
SECTION 5-3: DENTAL INSURANCE .......................................................................................................................... 43
SECTION 5-4: LIFE INSURANCE ................................................................................................................................ 43
SECTION 5-5: LONG-TERM DISABILITY INSURANCE ................................................................................................ 43
SECTION 5-6: HOLIDAYS AND VACATION LEAVE .................................................................................................... 44
SECTION 5-7: OUT-OF-STATE VACATION RECALL ................................................................................................... 46
SECTION 5-8: MILITARY LEAVE .............................................................................................................................. 47
SECTION 5-9: UNIFORM, CLOTHING AND EQUIPMENT ALLOWANCE ........................................................................ 47
SECTION 5-10: REIMBURSEMENT FOR EDUCATION EXPENSES ................................................................................. 52
SECTION 5-11: LEAVE OF ABSENCE ......................................................................................................................... 52
SECTION 5-12: WORKERS’ COMPENSATION............................................................................................................. 52
ARTICLE 6: MISCELLANEOUS .................................................................................. 53
SECTION 6-1: SAVING CLAUSE ................................................................................................................................ 53
SECTION 6-2: COPIES OF MEMORANDUM................................................................................................................. 53
Page 339
SECTION 6-3: AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF UNDERSTANDING ............................. 54
SECTION 6-4: CHANGES IN DEPARTMENT OPERATIONS ORDERS PURSUANT TO THIS MEMORANDUM ..................... 54
SECTION 6-5: PHYSICAL FITNESS ............................................................................................................................. 54
SECTION 6-6: TERM AND EFFECT OF MEMORANDUM .............................................................................................. 55
ATTACHMENT A .......................................................................................................... 57
ATTACHMENT B .......................................................................................................... 58
ATTACHMENT C .......................................................................................................... 59
Page 340
Preamble
WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code in order to reach agreement concerning wages, hours, and working conditions
of employees in the Police Officers Unit, and
WHEREAS the parties hereby acknowledge that the provisions of this Memorandum are
not intended to abrogate the authority and responsibility of City government provided for
under the statutes of the State of Arizona or the Charter or ordinances of the City of
Phoenix except as expressly and lawfully limited herein,
NOW THEREFORE, it is agreed that this Memorandum of Understanding (hereinafter
“Memorandum”) shall be submitted to the City Council of the City of Phoenix for its
consideration.
ARTICLE 1: Rights
Section 1-1: Purpose/Gender
Wherever any words used herein in the masculine, feminine or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
Section 1-2: City and Department Rights
A. The Association recognizes that the City and the Police Chief retain, whether
exercised or not, solely and exclusively, all express and inherent rights and
authority pursuant to law with respect to determining the level of and the manner
in which the City’s law enforcement activities are conducted, managed, and
administered, and the Association recognizes the exclusive right of Police Chief to
establish and maintain departmental rules and procedures for the administration
of the Police Department during the term of this Memorandum provided that such
rules and procedures do not violate any of the specific express provisions of this
Memorandum.
B. The City and Police Chief have the exclusive right and authority to schedule work
and/or overtime work as required in the manner most advantageous to the City.
C. It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described; nevertheless,
it is intended that all such duties shall be performed by the employee.
D. The Police Chief and City Manager reserve the right to discipline or discharge
employees for just cause, defined as follows, pursuant to the Civil Service laws.
The City reserves the right to lay off personnel of the Department.
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1. The employer informed the law enforcement officer of the possible disciplinary
action resulting from the officer's conduct through agency manuals, employee
handbooks, the employer's rules and regulations, or other communications to
the officer or the conduct was such that the officer should have reasonably
known disciplinary action could occur.
2. The disciplinary action is reasonably related to the standards of conduct for a
professional law enforcement officer, the mission of the agency, the orderly,
efficient or safe operation of the agency, or the officer's fitness for duty.
3. The discipline is supported by a preponderance of evidence that the conduct
occurred.
4. The discipline is not excessive and is reasonably related to the seriousness of
the offense and the officer's service record.
E. The City and the Police Chief shall determine assignments and establish methods
and processes by which assignments are performed. This is not grievable under
the MOU.
F. The City and Police Chief shall have the right to transfer employees within the
Police Department in a manner most advantageous to the City. This is not
grievable under the MOU.
G. Except as otherwise specifically provided in this Memorandum, the City and the
Police Chief retain unqualifiedly all rights and authority to which by law they are
entitled.
H. The City shall have the authority without prior meeting and conferring to effect
reorganizations of the Police Department.
I. The Association recognizes that the City has statutory and Charter rights and
obligations in contracting for matters relating to municipal operations.
J. The Association pledges cooperation to the increasing of departmental efficiency
and effectiveness. Any and all rights concerning the management, organization,
and direction of the Police Department and the police force, including those set
forth in this Memorandum, shall be exclusively the right of the City and the Police
Chief unless otherwise provided by the express terms of this Memorandum as
permitted by law.
K. The inherent and express rights of the City and the Police Chief, including those
herein specifically referred to, which are not expressly modified or restricted by a
specific provision of this Memorandum, are not in any way, directly or indirectly,
subject to the Grievance Procedure herein.
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Section 1-3: Rights of Association
A. The Association, as the authorized representative, has the exclusive right to
serve as the meet and confer representative of all employees in the Police
Officers Unit as described in the City Code.
Under no circumstance shall the department create or request unit members to
sign or agree to individual employment contracts without mutual agreement with
the Association. Unit members will still be required to sign for receipt of materials.
B. Union Release:
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and the Association have
negotiated six full-time release positions, and release hours, as an efficient and
readily available point of contact for addressing labor-management concerns.
Examples of work performed by the release positions in support of the City
include ensuring representation for unit employees during administrative
investigations and grievance/disciplinary appeal meetings with management;
participating in collaborative labor-management initiatives that benefit the City
and the unit members; serving on Police Department task forces and
committees; facilitating effective communication between City and Department
management and unit employees; assisting unit members in understanding and
following work rules; and administering the provisions of the Memorandum of
Understanding. The cost to the City for these release positions, including all
benefits, has been charged as part of the total compensation contained in this
agreement in lieu of wages and benefits.
1. Full-Time Release Positions:
a. The 6 full time release positions shall be sworn, full time, paid police
officers of the Phoenix Police Department, who will at all times remain
qualified to perform such duties as are normally expected and required of
a municipal police officer in the City of Phoenix, Arizona. These 6 full time
release positions will receive their regular salary including fringe benefits,
and the employer shall make all employer contributions to the Public
Safety Personnel Retirement System required by law so as to maintain
their full eligibility under the Public Safety Personnel Retirement System.
b. The 6 full time release positions shall participate in all appropriate training
requirements necessary to maintain membership in the department,
including all training mandated by the Arizona Peace Officers Standards
and Training Board (AZ POST).
c. The 6 full time release positions agree to be bound by the City’s and the
Police Department’s rules, regulations, and operations orders, including
but not limited to proper notification when utilizing sick or vacation leave.
The full time release employees may be subject to disciplinary action for
violations of any such rules, regulations, general or operations orders.
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d. The 6 full time release positions may work supplemental overtime shifts
consistent with the processes and policies set in place by the Phoenix
Police Department for all sworn police officers. Employees will submit all
overtime slips to their current supervisor to ensure that overtime is being
used appropriately.
2. Association Representatives:
The Association may designate up to 42 representatives and shall notify the
Police Chief and Labor Relations in writing of such designations as they
occur. There shall be no obligation on the City to change or adjust normal
departmental scheduling or assignments of personnel as a result of such
designations or as changes occur.
Every quarter, PLEA will provide a list of stewards that will be posted.
a. Up to two PLEA representatives may, when the Association is designated
by the unit member as his representative, attend mutually scheduled
grievance meetings, Use of Force Boards, Disciplinary Review Boards,
IRP Meetings, and hearings with department representatives and hearings
scheduled and conducted by the Civil Service Board without loss of pay or
benefits. Up to two PLEA representatives may attend hearings with the
department representative if more than one department representative is
in attendance. Paid release time used for any other purposes, such as
gathering information, interviewing the grievant/appellant or witnesses, or
preparing a presentation shall be charged against the bank of release
hours as described in Section 1-3 D. PLEA representatives are required to
obtain the permission of their non-unit supervisor to absent themselves
from their duties to attend scheduled meetings and provide representation.
b. When new work units, precinct(s)/bureau(s) are created, the Association
may designate up to 1 additional representative per bureau and up to 3
additional representatives per precinct. The increased number will be
consistent with current practice and will be based solely on the addition of
new work unit(s). Any deviation from the above will be discussed at a
Labor-Management meeting.
3. Bank of Release Hours:
A bank of 1,859 hours of paid Association release time shall be created per
M.O.U. year for use by the Association to engage in legitimate Association
business. PLEA will utilize best efforts to provide advanced notice of the use
of these hours to Labor Relations so the affected chain of commands can be
notified. In all instances, PLEA will provide Labor Relations with notice of
hours used. The cost to the City for these release hours, including fringe, has
been charged as part of the total compensation contained in this agreement
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in lieu of wages and benefits. Examples of how these hours are used by the
Association include:
a. For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations
pursuant to Chapter 2, Article XVII (Employer-Employee Relations),
Phoenix City Code.
b. For unit members to attend seminars, meetings, training classes and
conferences so that representatives better understand issues such as City
policies and practices, conflict resolution, labor-management partnerships,
and methods of effective representation.
c. For Association representatives to communicate with members,
investigate grievances or prepare for hearings. A PLEA representative
wishing to enter a work area for the purpose of investigating a formal
grievance must first gain the permission of the work area supervisor. This
permission will not be unreasonably withheld, giving proper consideration
to essential work of the department and the occupational safety of the
PLEA representative. When requesting a meeting with the work unit/site
supervisor, the PLEA representative will inform the supervisor of the
purpose of the meeting. PLEA representatives will attempt to schedule an
appointment in advance whenever possible. One additional PLEA
representative may be allowed to attend such meetings for training
purposes.
Approval for use of paid release time hereunder shall be subject to
Departmental operational and scheduling factors. When using such paid
time, Association representatives and members of the Executive Board
shall give at least 24 hours written notice in advance.
In recognition of the mutual benefit to both the City and the Association, a
unit member using Association release time as defined by Articles in this
MOU to conduct Association business shall be accorded all insurance-
related benefits. Approval of claims made for benefits will be determined
on a case by case basis.
Any hours used in excess of the bank must be approved by the Police
Chief, the Labor Relations Administrator, and the PLEA president. The
number of hours used in excess of the bank at the end of the contract
term will be deducted from the bank at the start of the first year of the
following contract. Unused hours will be carried over into the first year of
the next contract.
C. The president may appoint a legislative representative for the Association if the
legislative representative is registered with the Secretary of State as a lobbyist
and if the legislative representative has agreed to work with and assist the city’s
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legislative lobbyist. The legislative representative shall receive 500 hours of
release time per MOU year.
D. A member of the Executive Board of the Association, or a designated PLEA
representative, will, with the approval of the Police Chief or his designee, subject
to 24 hours written notice in advance, be authorized to engage in Association
related activities during City work hours on a non-paid basis. Approval for such
authorization for more than 2 Executive Officers or Board members of the
Association or designated shift representatives is subject to 48 hours written
notice in advance. Approval for use of unpaid time hereunder shall be subject to
Department operational and scheduling factors and administration control as to
usage of such time, but shall not be arbitrarily withheld. There shall be no use of
official paid time for Association related activities under this paragraph.
E. Upon the Association’s filing of a Third Party Data Sharing Agreement with the
Labor Relations Division, during the term of this Memorandum, upon request, the
City shall furnish to the Association bimonthly at no cost a listing of all unit
members, indicating name, mailing address, phone number and assignment. The
City will also provide a monthly list of employees added that month to Unit
4.
F. The City shall deduct monthly from the pay warrants of Association members the
regular periodic Association membership dues and/or special assessments in
accordance with Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code and pursuant to the City’s existing dues deduction authorization form
duly completed and signed by the Association member, and transmit such
deductions to the Association on a monthly basis; except, however, that such
deduction shall be made only when an Association member’s earnings for a pay
period are sufficient after other legally required deductions are made. The City
shall, at the request of the Association, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for
implementing such change. The City shall not make dues deductions for unit
members on behalf of any other employee organization as defined in Chapter 2,
Article XVII (Employer-Employee Relations), Phoenix City Code during the term
of this Memorandum. The City assumes no liability on account of any action
taken pursuant to this paragraph.
G. The Association is authorized to use mutually agreed upon non-work areas in
City facilities for pick-up by or distribution to unit members of official Association
literature that is not political in nature, abusive of any person or organization, or
disruptive of the department’s operations, it being understood and agreed,
however, that such activity shall not be done during the on-duty time of any unit
member. The Association may, using its own resources, use the mailboxes at
work locations to communicate with unit members. The association may use
Inter-departmental mail to communicate with unit members on two occasions a
year.
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H. The Association and the Department will jointly present a 4-hour Employee
Wellness course to recruits who are expected to become sworn police officers.
Immediately following, the Association will be allowed 1 hour to talk to and
possibly sign newly sworn police officers into the Association and to explain the
rights and benefits under the MOU. This time will be allotted prior to reporting for
the first patrol training shift at the offices of the Association. The content of such
information shall not be political in nature, abusive of any person or the
Department or disruptive of the Department’s operation. Curriculum will be jointly
approved with the Training Bureau Division Chief.
I. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any
hours or fractions of hours spent outside the unit member’s work shift in pursuit
of benefits provided by this Article. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.
J. Any unit representative attending any IRP, DRB, UFB, DAC, or any other review
board will be allowed to adjust their work schedule by an equal amount of time
spent in the meeting. The adjustment will require the approval of the
representative’s supervisor with operational consideration. Approval will not be
unreasonably withheld.
K. In the interest of encouraging continuing education for unit members, the
department will mail to the Association president the AZ POST calendar and all
other job related seminar notices it receives.
L. The Association will have 2 PLEA positions, designated in writing, on continuous
paid stand-by for the mutual benefit of both the City and the Association to
respond to critical incidents as needed. No member will be placed on stand-by if
the member is not available for call-out. If call-out occurs, overtime will be paid in
accordance with Article 3, Section 3.2.
M. Upon written request from the Association, the City will provide specific
information pertinent to a written grievance, arbitration case, or Civil Service
appeal. The City will also provide pertinent collective bargaining information. This
material will be supplied to the Association at no cost.
N. To improve communication and relationships between labor and management,
the Association will be allowed an opportunity to attend one mutually agreed
upon briefing quarterly with each squad to discuss Association business and
issues of mutual concern to labor and management. PLEA will utilize best efforts
to provide advance notice of meeting.
O. The City values and benefits from the participation of Union leaders on citywide
task forces and committees, Police Department task forces and committees,
Labor –Management work groups, and a variety of Health and Safety
committees. These activities take time away from expected tasks such as
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representation and communicating with the membership and may occur outside
the regular work day of the Union officials. The full-time release positions agree
to participate in these important committees and task forces. In recognition of this
commitment, the City agrees to provide a 960 hour bank of compensation for use
by the full-time release positions each MOU year.
P. Unit members who are not Association members at the beginning of the last pay
period in June of each year will receive 3.5 hours of vacation time, in addition to
their normal annual accruals, credited to their vacation leave bank on the second
paycheck in August of that same year. Unit members who are not Association
members at the beginning of the last pay period in December of each year will
receive 3.5 hours of vacation time in addition to their normal annual accruals,
credited to their vacation leave bank on the second paycheck in February of the
following year.
The number of hours distributed to Unit members who are not Association
members will be deducted from the leave banks described in Section 1-3,
beginning with the Section 1-3(C) leave bank, then the Section 1-3(B)(3) leave
bank, and then the Section 1-3(O) leave bank. If there are not enough hours in
the leave banks to refund the hours to Unit members who are not Association
members, the Association will reduce the number of full-time release positions for
the remainder of the six-month period. The value of each reduced full-time
release position will be converted to hours and credited to the Section 1-3(B)(3)
leave bank.
The City will provide Unit members who are not members of the Association “opt
in” forms, to be approved by the Association, allowing them to donate vacation
leave to be deposited into the Section 1-3(B)(3) leave bank. At any time during
the term of this MOU, any Unit member may request this “opt in” form in order to
donate vacation time in the manner above-described.
Q. As the certified unit 4 bargaining unit, the Association will be notified electronically
of Use of Force Boards and Disciplinary Review Boards at the time of scheduling.
Section 1-4: Rights of Unit Members
A. A unit member has the right to have the Association serve as their meet and confer
representative as set forth in Chapter 2, Article XVII (Employer-Employee
Relations), Phoenix City Code.
B. A unit member has the right to be represented by the Association in dealings with
the City concerning grievances and matters pertaining to their individual
employment rights and obligations.
1. If a unit member requests, representation will be allowed when the member is
the subject of an administrative investigation by Professional Standards
Bureau, any Police Department supervisor, or other City employee who is
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conducting an investigatory interview. The City will notify the Association who
will obtain the most readily available unit Association representative, who must
be a bargaining unit member. The unit representative will make every
reasonable attempt to arrive within one hour from the time a phone is made
available to the unit member. Management will make a concerted attempt to
release the association representative giving the consideration of the
departments’ and the associations’ scheduling concerns. The unit Association
representative may make a request for a caucus prior to, during, or after the
interview to bring to the investigator's attention issues which may be violations
of the MOU as set forth in this Memorandum or questions outside the scope of
the N.O.I. Prior to the conclusion of the meeting, the member, or representative
on behalf of the employee, will have the opportunity to make a closing
statement.
The Union representative may assist and consult with the employee, attempt
to clarify the facts or questions asked, and suggest other employees or
witnesses who may have knowledge of the underlying issues. The Union
representative may not turn the meeting into an adversarial proceeding, unduly
disrupt the interview, interfere with the objective of the examination, or
compromise the integrity of the interview. The Union representative may not
interrupt the employee’s response to a question, speak on behalf of the
employee, or prevent the employee from responding to a question. The Union
representative also may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.
During the interview, the interviewer may insist that they are only interested in
hearing the employee’s own account of the matter under investigation at that
time. The interviewer may not prohibit the Union representative from engaging
in meaningful representation, including assisting and consulting with the
employee.
2. The interview session shall be a reasonable period of time, taking into
consideration the gravity and complexity of the misconduct being investigated.
3. Prior to conducting an administrative interview, the City/Department will
consider the necessity of interviewing a Unit Member who is impaired by
alcohol or drugs. If the City/Department deems an immediate administrative
interview is not necessary, it will/may be scheduled at a later time.
4. At the time of the scheduled interview by Professional Standards Bureau, a
Police Department Supervisor, or other City Employee, the investigator will
provide the unit member and / or their representative written notices of
investigation informing the officer of the alleged facts that are the basis
of the investigation and all relevant and readily available materials,
including complaints (except for complaints that are filed with the
employer and that include allegations of unlawful discrimination,
harassment or retaliation or complaints that involve matters under the
jurisdiction of the United States equal employment opportunity
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commission). Material format may include video, audio, reports,
photographs, documents, and other materials in accordance with A.R.S
§ 38-1104(A)(2) in effect during the term of this agreement. Upon the
request of either party, the parties shall meet and confer the impact of
any changes to the provisions of A.R.S § 38-1104(A)(2) during the term of
this agreement. All materials will be made available to the unit member and/or
their representative in the draft investigation prior to the investigative review
process (IRP).
For investigations related to critical incidents such as officer involved
shootings, in-custody deaths, and/or police contract that result in serious
physical injury or death, Body Worn Camera (BWC) video will be made
available to a unit member prior to their administrative (PSB) interview if the
unit member first completes the criminal interview process with criminal
investigators. The parties understand that there are inherent limitations to
BWCs and memory. They also recognize that the inability to review BWC
video can impact reporting accuracy.
During the course of the administrative investigation, the investigator will not
knowingly misrepresent any fact or material issue to the unit member.
Prior to interviewing an involved employee, an Internal Investigation Material
List form documenting what materials, the investigating supervisor or PSB
investigator provided to the involved employee will be completed.
5. A unit member under investigation, and the association, will be notified in
writing every 3 months as to the current status of the investigation. This will
include a brief description of the number of known witnesses still to be
interviewed and other investigative processes remaining to be completed, as
well as an estimated date of completion.
6. When a draft investigation is provided to a Unit member, it will contain an
explanation of the member’s right to review the investigation within the time
period provided in Ops Order 3.19 before signing the investigative review
control form.
7. If changes are made to an investigation after an IRP, the unit member and
representative will be provided with a revised draft of the investigation. The
unit member will have up to 5 business days to review the revised draft, and
may attach a rebuttal, before signing an IRC form.
8. If new information is added, outside what was discussed during the IRP, to the
draft investigation, the member reserves the right to have an additional IRP to
discuss the new information. The additional IRP will only be afforded to
specifically discuss the added information, not to revisit items already
discussed in the initial IRP. The additional IRP will be scheduled and
completed within 7 calendar days, unless mutually agreed upon in writing prior
to the deadline.
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9. As the certified bargaining unit for all unit 4 members, all finalized investigations
will be provided to the Association monthly.
C. A unit member has the right to present their own grievance, in person or by legal
counsel.
D. Unit members are entitled to representation if an overall "Not Met" performance
evaluation is appealed and is at the Executive Level (Assistant Chief or Chief) or
when management has more than one representative at the meeting to discuss
the appeal of the performance evaluation.
E.
1. A unit member covered hereunder shall, on their request and by appointment,
be permitted to examine their departmental or divisional personnel file, in the
presence of an appropriate supervisory official of the Department. The unit
member may be accompanied by another person of their choosing. When a
city directed work fitness/job performance medical evaluation process is
completed, the city agrees to give the city doctor a release to give the
information to the requesting employee.
2. No unit member shall have any adverse comments entered into their
departmental or divisional personnel file without the member being informed by
a supervisor. If the unit member requests, they may receive a copy of the
adverse comment.
3. A unit member may, at their discretion, attach rebuttal statements to any
material contained in their departmental or divisional personnel file which may
be adverse in nature.
4. Discipline older than 5 years from the date of issuance will not be considered
for progressive discipline or promotion/transfer purposes except for the
following types of discipline, which may be considered for the duration of
employment (and upon the employee's return to employment, if applicable):
Final sustained discipline of suspension or higher of the following;
• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees;
• The employee has solicited or taken for personal use a fee, gift or favor in
the course of the assigned work or in connection with it, which would lead
toward favoritism or the appearance of favoritism or a conflict of interest;
• The employee has intentionally falsified records or documents made, kept,
or maintained for or on behalf of the City of Phoenix;
• The employee has stolen or is in unauthorized possession of City property
or the property of another employee or citizen;
• The employee is under the influence of alcohol or illegal drugs on the job;
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• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies;
• The employee committed a violation of the City's Ethics Policy;
• The employee committed an act of dishonesty;
• The employee committed an act meeting the elements of a felony; or
• The employee has committed a Class 3 violation of use of force.
5. A Supervisory Counseling is a documented warning presented to the employee
for signature. The effective date for any applicable appeal will start from the
date that the employee signs the Counseling.
6. Once a unit member has been disciplined, no further disciplinary action may be
imposed for the same specific allegation during the same incident of
misconduct. If a unit member has received a coaching for the same incident, it
may be considered as a mitigating factor in the final determination of discipline.
A unit member may be subjected to additional discipline if further investigation
reveals additional allegations arising from the same incident.
F. A unit member and Association Representative shall have the right to appear
before the departmental Disciplinary Review Board when disciplinary matters are
brought before the Board involving the unit member.
1. The purpose of such appearance is to give the unit member an opportunity to
respond to the assertions made against them.
2. The Department shall notify the unit member 10 calendar days prior to such
opportunity to respond to the Board. The notification shall contain the date,
time, violation(s) and basis of each violation that has been sustained. In
addition, the unit member, if they choose, may meet with their immediate
supervisor along with the second level supervisor or the unit member’s
Bureau/Precinct Commander for the purpose of discussing the basis of each
violation to be reviewed by the DRB. If the immediate supervisor conducted the
investigation, the unit member, if they choose, may meet with the next
supervisor in their chain of command. Such request shall be made in writing to
the unit member’s immediate supervisor. Also, the unit member, if they choose,
may be accompanied by an Association representative at either meeting.
a. At the IRP meeting, the unit member shall be afforded a reasonable
opportunity to review the written investigation. Realizing that in some cases
there may be information that would be detrimental to the department’s
ability to conduct misconduct investigations, that information may be
deleted. However, all other information will be available for review.
3. The unit member under investigation may request a copy of the DRB
information at no cost. The DRB information will be made available to the unit
member or their representative at the same time the unit member is served
with the DRB notice. Any written or electronic material to be presented by the
employee or their representative to the DRB shall also be given to the
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department in a reasonable time. The information will be supplied electronically
if possible; if not, it will be supplied in written form. In addition, the department
will supply any audio/video tapes and computer graphics which have been
produced.
4. The unit member may, at their discretion, appear before the Board with an
Association representative of their choosing and may state the reasons why
the proposed action is unjustified. The unit member and their representative
may passively observe all presentations made to the board and all responses
made to questions by board members. The unit member and non-board
members will be excluded from the room during board deliberations.
5. The unit member may submit relevant written matter in support of their
position.
6. If the unit member requests, representation will be allowed, consistent with
Article 1, Section 1-4(B)(1) of this Memorandum, during Use Of Force Board
(UFB) hearings. A unit Association representative will be allowed to observe all
presentations made to the Board and all responses to questions by Board
members.
a. At least 10 days prior to the convening of the UFB the unit member will be
provided at no cost with a copy of all documentation concerning their
involvement in the matter under investigation that is made available to the
UFB Board members.
b. At the conclusion of the UFB, the Board Chair will verbally advise the unit
member and representative of policies violated that support the
recommendation. The unit member and representative will also be provided
a copy of the UFB recommendation submitted to the Chief within 3 business
days.
c. The Association has the right to meet with the Police Chief, or designee,
within 7 business days of the board’s decision, as scheduled by the Police
Chief’s office, to discuss an “out of policy” recommendation by the UFB
before a final decision is rendered.
7. A unit member will be provided written notice of a Loudermill hearing at least 5
working days before the scheduled hearing along with copies of all supporting
documentation. This is to ensure the member will have a meaningful
opportunity to prepare for the hearing. The unit member may submit written
information for the Chief’s consideration in advance of the hearing. At the
hearing, the unit member may present any information the member deems
relevant, including one character witness to provide a statement. The witness
will not read written statements submitted by others.
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a. The timeline for written notice of a Loudermill hearing resulting from an
arrest for a felony crime under color of authority will be at the discretion of
the Police Chief.
8. In recognition of the mutual benefit to both the city and the unit member,
suspensions MAY BE served under the following time limits, at the unit
member’s option. Unit members may serve suspensions of more than 40
hours on an alternating weekly schedule. The city retains the option to deviate
from this provision for suspensions involving sexual harassment, violence in
the work place, felonies, and drugs/alcohol.
G. A unit member under investigation by Professional Standards Bureau or a Police
Department supervisor for a disciplinary matter that may lead to a written
reprimand, suspension, demotion, or discharge, and who is interviewed or
interrogated, or requested to produce any documentation, shall be given a written
Notice Of Investigation (Form 80-58DB) informing them of the specific nature of
the investigation, their status in the investigation, and all known allegations of
misconduct involved in the interview of the unit member. In addition, the unit
member and/or the Police Department supervisor/Professional Standard Bureau
representative may mechanically record such interview/interrogation. Should any
mechanical recordings take place, the department reserves the right to transcribe
any such interview/interrogation for the purpose of verifying the accuracy of the
interview/interrogation and, if requested, the unit member shall sign the
transcription if it is accurate. In the event that the investigator intends to segment
the interview or the interrogation, the NOI will inform the member of the specific
nature and all known allegations pertaining to the portion or portions of the
investigation being covered by the segmented Notice of Investigation.
1. A copy of the signed and dated Notice of Investigation will be given to the unit
member prior to the beginning of the interview. The unit member shall have the
right to retain the NOI for their use throughout the entire course of the interview.
2. The unit member will be provided a copy of all the interview/interrogation in
digital media format.
3. If any unit member is told not to speak to anyone regarding an investigation,
this admonition does not apply to speaking with an attorney functioning within
the attorney-client relationship. In addition, if an accused unit member is told
not to speak to anyone regarding an investigation, this admonition does not
apply to speaking with an Association representative, who may discuss the
matter only with the grievance chairman/Association president or their
designated representative. Once the investigation is completed, any unit
member may speak with an Association representative regarding the incident.
When the investigation is completed, the accused unit member will be notified
in writing of the findings. A unit member under internal or administrative
investigation may be reassigned (may include reassignment to their home),
until the completion of the investigation.
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4. If during the course of the above mentioned investigation, information is learned
concerning additional misconduct on the part of the unit member being
interviewed, an NOI will be issued to the unit member prior to the unit member
being questioned about the additional misconduct information.
5. Investigations alleging serious misconduct and/or issues of veracity will be
investigated by Professional Standards Bureau (PSB) or other appropriate City
entity.
6. Notification regarding the general nature of a Professional Standards Bureau
(PSB) interview at the time of scheduling will be left at the discretion of the PSB
Commander.
7. If any additional NOI’s are served during the course of a misconduct interview
where a PLEA representative is not present (has not been requested), a break
in the interview of up to 1 hour will be granted (if requested) for the employee
to obtain a PLEA representative.
8. The unit member or the unit member’s representative may make a request to
the Chief, or their designee, in unusual circumstances such as a unit member’s
extended duty or hospitalization, to delay the PSB interview for up to 24 hours
after a critical incident.
9. A unit member will not be terminated for the sole reason of having been served
with an order of protection or injunction against harassment unless that court
order precludes the officer from performing their essential functions, including
but not limited to carrying a firearm; until appeal processes have been
exhausted.
H. It is understood by the parties that the benefits granted by this Article, shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the unit member’s work shift in pursuit of
benefits provided by this Article. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.
I. The affected employee attending any IRP, DRB, UFB, DAC, Grievance meeting,
Civil Service Appeal, or any other review board while off duty shall be allowed to
adjust their work schedule by an equal amount of time spent in the meeting. The
adjustment will require the approval of the unit member’s supervisor, with
operational considerations. Approval will not be unreasonably withheld.
J. After a separation notice has been signed by the appropriate authorities, and if the
unit member is given the opportunity to resign, the unit member will have 3 hours
to consult with an Association representative.
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K. A unit member who receives a written reprimand will be provided a copy of the
official documentation, if any, supporting the written reprimand at the time the unit
member receives the reprimand.
L. If the Driving Analysis Committee sends a case to the DRB for review, the unit
member will receive a copy of the facts supporting the DAC position upon request.
Prior to the DAC review, unless the unit member declines, an IRP will be completed
with the unit member’s commander.
M. In accordance with the terms outlined in Section 1-4.E.4, a unit member
seeking an "at request" transfer will only have discipline of a relevant nature
considered in the determination of the transfer using the following prescribed time
frames. The class will be determined by the finalized PSB investigation.
Written Reprimands: 12 months from date of NOI
Class I Discipline: 12 months from date of NOI
Class II Discipline: 18 months from date of NOI
Class III Discipline: 24 months from date of NOI
N. If an employee is not given their performance evaluation by the annual review date,
the employee may request the merit increase in writing by sending a memorandum
directly to the Human Resources Officer in the Fiscal Management Bureau. If the
performance evaluation is an overall “met,” the request will be processed within 21
calendar days of submittal and will be retroactive to the performance evaluation
annual review date.
O. Unit members will not be excluded from applying and/or competing in a transfer
process based solely on a pending investigation. The investigation is no longer
considered “pending” once the NOF has been served to the member. However,
the transfer process will not be delayed pending the conclusion of the related
investigation. If a unit member is passed over for transfer based on the pending
investigation, he/she may be eligible for the next available opening depending
upon the outcome of the investigation.
P. An association member, or the association at the request of the member, may
request the opportunity to discuss a good-of-the-department transfer decision with
the member's Division Commander. The Division Commander will make
him/herself available, but the transfer action will not be delayed based on this
provision. This provision does not apply to transfers made to adjust staffing levels,
reduce staff in a specific area or other similar operational need.
Q. A unit member or their representative may request the opportunity to discuss and
review a transfer that is the subject of a grievance with the Chief or their designee.
The Chief or their designee shall make themselves available to discuss, but the
transfer action will not be delayed based on this provision. The transfer action
could be delayed or reversed at the discretion of the Chief or their designee. (This
paragraph does not apply to at-request transfers or transfers based on a selection
process).
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R. If the City overpays a unit member for any reason, the money will be recovered at
the same rate at which it was paid unless total amount is less than $250.00, at
which the entire amount may be recovered in one lump sum.
S. Progressive Discipline time periods will be based on date of the NOI.
Section 1-5: Prohibition of Strike and Lockouts
A. The Association and the unit members covered by this Memorandum recognize
and agree that rendering of police services to the community cannot under any
circumstances or conditions be withheld, interrupted, or discontinued, and to do so
would endanger the health, safety and welfare of the citizens of the City of Phoenix.
B. The Association pledges to maintain unimpaired municipal services as directed by
the City. Neither the Association, nor any unit member, for any reason, will
authorize, institute, aid, condone or engage in a slowdown, work stoppage, strike,
or any other interference with the work and statutory functions and obligations of
the City or the Department. During the term of this Memorandum neither the City
nor its agents for any reason shall authorize, institute, aid or promote any lockout
of unit members covered by this Memorandum.
C. Should any unit member during the term of this Memorandum, and until such time
that it is expressly and legally rescinded, breach the obligations of Section 1-5B,
the City Manager or his designee shall immediately notify the Association that a
prohibited action is in progress.
D. The Association shall forthwith, through its executive officers and other authorized
representatives, disavow said strike or other prohibited action, and shall notify in
writing all Association members and representatives of their obligation and
responsibility for maintaining compliance with this Article, including their
responsibility to remain at work during any interruption which may be caused or
initiated by others. Copies of such notification shall be delivered to the office of the
City Manager. In addition, the Association shall order all unit members violating
this Article to immediately return to work and cease the strike or other prohibited
activity. Such order shall be delivered both orally and in writing to all unit members
violating this Article with copies of the written order to be delivered to the office of
the City Manager.
E. Penalties or sanctions the City may assess against a unit member who violates
this Section shall include, but not be limited to:
1. Discipline up to and including discharge.
2. Loss of all compensation and benefits, including seniority, during the period of
such prohibited activity.
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F. Should the Association during the term of this Memorandum and until such time
that it is expressly and legally rescinded, breach its obligations under this Section,
it is agreed that all penalties set forth in Chapter 2, Article XVII (Employer-
Employee Relations), Phoenix City Code, shall be imposed on the Association, in
addition to any other legal and administrative remedies available to the City that in
its discretion it may elect to pursue.
G. Nothing contained herein shall preclude the City from obtaining judicial restraint or
from seeking damages from the Association, in the event of a violation of this
Section.
ARTICLE 2: Grievance/Arbitration/Labor Management
Section 2-1: Grievance Procedure
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.
A. Informal Resolution
1. As a matter of good labor-management relations, unit members who believe
that they have a bona fide grievance will discuss and attempt to resolve it with
the appropriate lowest level of supervision.
2. If the above informal discussion is held and does not resolve the grievance, the
unit member may file a formal grievance in accordance with the following
procedure.
B. Definition of Grievance
1. A grievance is a written allegation by a unit member, submitted as herein
specified, claiming violation(s) regarding the specific express terms of this
Memorandum for which there is no other specific and formal method of review.
However, disputes specifically excluded in other Articles of this Agreement from
the Grievance and Arbitration procedure shall not be construed as within the
definition set forth above and shall not be handled in accordance with this
procedure. It is agreed that such excluded disputes are not grievable or
arbitrable under the terms of this Article or under this contract.
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2. The City continues to retain the format used for grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall
be null and void, and will not be processed in accordance with this procedure.
4. The City is not under any obligation to accept grievances where the City
Manager has previously decided on the same fact pattern.
C. Procedure
All grievances covered by this Article shall be handled exclusively in the following
manner:
A grievance must be reduced to writing, citing the specific Article and Section of
this Memorandum alleged to have been violated.
1. Step 1
The unit member shall reduce the grievance to writing by signing and
completing the grievance form provided by the City and submit it to the
Commander/Administrator, or designee, within 14 calendar days of the initial
commencement of the occurrence being grieved.
The Commander/Administrator, or designee, may investigate, further consider,
and discuss the grievance with the grievant and the grievant's representative,
if any, as deemed appropriate, and shall, within 14 calendar days of having
received the written grievance, submit a response thereto in writing to the
grievant. The parties by written mutual agreement may move the grievance to
Step 2 of the grievance procedure.
2. Step 2
If the written response of the Step 1 does not result in a resolution of the
grievance, the grievant may appeal the grievance by signing and completing
the City form and presenting it to the division head, or designee within 14
calendar days of the grievant's receipt of the Step 1 response.
The division head, or designee, may further consider and discuss the grievance
with the grievant and the grievant's representative, if any, as deemed
appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. The parties by
written agreement may move the grievance to Step 3 of the grievance
procedure.
3. Step 2.5
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After the Step 2 response, but prior to review by the Grievance Committee, the
parties involved may mutually agree to submit the grievance to Labor Relations.
The grievance, as originally written and Step 1 and Step 2 responses, must be
submitted to Labor Relations within 14 calendar days of receipt of the Step 2
response. Labor Relations shall, within 14 calendar days of the receipt of the
grievance, meet with the department head, or designee, and the grievant and
the grievant's representative, if any, in an attempt to resolve the grievance.
Labor Relations shall then submit a written response to all parties within 14
calendar days of the meeting.
4. Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
a resolution of the grievance, the grievant may, within 14 calendar days of
the Step 2 response, appeal the grievance by signing and completing the
City form and presenting it to Labor Relations. A Grievance Committee
hearing will be scheduled at which the grievant shall be afforded the
opportunity to fully present his position and to be represented.
The Grievance Committee shall be composed of:
Chairman – A member of the City Manager’s Office designated by the
City Manager.
Member – A City department head on a rotating schedule.
Member – The President of another union, other than the Grievant’s,
representing employees with the City of Phoenix.
The Grievance Committee shall submit findings and advisory
recommendation(s) to the City Manager. The City Manager shall make the
final determination of the grievance and submit it in writing to the grievant
and his designated representative.
b. If the grievant so elects in writing within the above time limit, in lieu of such
hearing the grievance may be reviewed by an arbitrator. The parties, or
their designated representatives, shall agree on an arbitrator, and if they
are unable to agree on an arbitrator within a reasonable time, either party
may request the Federal Mediation and Conciliation Service to submit to
them a list of 7 arbitrators who have had experience in the public sector.
The parties shall, within 7 calendar days of the receipt of said list, select the
arbitrator by alternately striking names from said list until one name
remains. Such person shall then become the arbitrator. The arbitrator so
selected shall hold a hearing as expeditiously as possible at a time and
place convenient to the parties, and shall be bound by the following:
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i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering
any issue properly before him/her.
ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other
issue not so submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City law.
iv. The cost of the arbitrator and any other mutually incurred costs shall be
borne equally by the parties.
The arbitrator shall submit findings and advisory recommendations to the
City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and his designated
representative.
D. Time Limits
Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and
failure of the grievant to comply with said time limits shall constitute abandonment
of the grievance; except however, that the parties may extend time limits by mutual
written agreement in advance of the deadline.
E. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City
of the rights accorded to the Union by the specific terms of Article 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.
F. Group Grievance
When more than one unit member claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially
the same time and out of the same circumstances, a single group grievance may
be filed in the name of all such members. Such group grievances shall be filed at
the Step of this Procedure which provides the lowest level of common supervision
having authority over all named Grievants. Each unit member that is a party
Grievant must be named in such group grievance.
G. Employer Grievances
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Should they occur as a result of official Union activities or actions, including the
failure to act as required under the terms of this Memorandum, employer
grievances will be presented directly to the Union president or any officer of the
Union within 14 days of the occurrence prompting the grievance. The president,
or designee, shall in each case provide a written answer within 14 days from
receipt of the grievance. Unresolved employer grievances may be submitted to
arbitration pursuant to Step 3 so long as the City pays the cost of the arbitrator.
Section 2-2: Labor-Management Committee
A. There shall be a Labor-Management Committee consisting of up to 6
representatives of the Association and up to 6 representatives of the Department
and City. The purpose of the Committee is to facilitate improved Labor-
Management relationships by providing an informal forum for the free exchange of
views and discussions of mutual concerns and problems as distinguished from
meeting and conferring.
B. The Committee shall meet as needed by union request, quarterly at mutually
scheduled times. Parties may mutually agree to meet more frequently.
C. The City’s Labor Relations Administrator or his designee shall be the Chairman.
The members shall, in advance of a meeting, provide the meeting’s Chairman with
proposed agenda items, and the Chairman shall provide the members with the
meeting agenda in advance of the meeting.
D. Representatives of the Association on the Committee who are unit members shall
not lose pay or benefits for meetings mutually scheduled during their duty time up
to a maximum of 3 hours per unit member per meeting.
E. It is understood by the parties that the benefits granted by this Section shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the unit member’s work shift in pursuit of
benefits provided by this Section. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.
F. For a unit member whose regular shift is other than Shift 1, there will be flexibility
in changing his normal work hours for the purposes of attending official Labor-
Management meetings called by or with the concurrence of City management or
the Police Chief or designee.
Section 2-3: Resolving General Complaints
In the spirit of continually developing good labor-management relations all parties
are encouraged to address general complaints at the lowest level of
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management in attempt to seek resolution before escalating issues up the chain
of command.
ARTICLE 3: Compensation/Wages
Section 3-1: Wages
A. The economic value of ongoing total compensation increases will equal 4.5%.
This will be paid as follow:
1. A 2.16% base wage increase effective the first full pay period in July 2023.
2. An increase for night shift differential pay effective the first full pay period
in July 2023 (See Section 3-11).
3. An increase for weekend shift differential pay effective the first full pay
period in July 2023 (See Section 3-11).
4. Increases for stand-by pay effective the first full pay period in July 2023
(See Section 3-12).
5. Qualified/Certified Drug Recognition Expert Pay effective the first full pay
period in July 2023 (See Section 3-18).
6. Qualified/Certified Phlebotomists Pay effective the first full pay period in
July 2023 (See Section 3-19).
B. Additionally, Unit 4 employees will receive a non-continuous payment equal
to the economic value of 5.0% of their base wage to be paid out on the first
full pay period in August of 2023.
C. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Pilot in Command, shall be placed at step one
of Police Officer*Pilot, Job Code 62211, in the pay schedule outlined in Attachment
C.
D. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Rescue Qualified Pilot or PC12 Qualified Pilot,
shall be placed at step one for Police Officer*Rescue Pilot, Job Code 62212, in the
pay schedule outlined in Attachment C.
E. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Unit Certified Flight Instructor, shall be placed
at step one of Police Officer*Flight Instr, Job Code 62213, in the pay schedule
outlined in Attachment C.
F. A unit member assigned to the Air Support Unit, and who has achieved and
maintained the qualification level of Chief Pilot, shall be placed at step one of Police
Officer*Chief Pilot, Job Code 62214, in the pay schedule outlined in Attachment C.
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G. Unit members assigned to one of the four described Air Support assignments may
only qualify for and receive pay for one pay step at a time. Example: A unit member
qualified as a Unit Certified Flight Instructor and receiving pay at pay step one of
Job Code 62213 shall not receive the premium pay for any other pay step the unit
member may also qualify for.
H. Unit members designated as Team Leaders on SAU squads will receive an
additional 5% base hourly rate of pay while assigned to this position.
I. It is understood that for implementation purposes, the practice of rounding of
fractional cents shall be done in accordance with accepted mathematical and
accounting principles.
J. When a conflict arises between the Pay Schedule attached hereto as Appendices
and the Pay Ordinance due to mathematical, typographical, or printing error, the
Pay Ordinance shall be the controlling authority.
K. It is the intent of the parties to permanently move the effective date of any wage
increase to the start of the first pay period in July.
Section 3-2: Productivity Enhancement Pay
In recognition of dedicated public service and overall performance, the City agrees to
implement the following Productivity Enhancement Pay formula for unit members:
A. Pay Benefit:
1. In December 2023, and June 2024, a unit employee who has completed at
least 7 years of continuous full-time service and who meets the additional
qualifications specified in this Article shall receive $80, pro-rated and included
each pay period in the qualifying unit member’s regular pay check, for each full
year of continuous full-time service in excess of 6 years, up to a semi-annual
maximum of $1,040, annual maximum of $2,080 at 20 years.
2. In December 2023, and June 2024, a unit employee at 20 years and one day
of continuous full-time service shall receive $125, pro-rated and included each
pay period in the qualifying unit member’s regular pay check, for each full year
of continuous service in excess of 6 years, up to a semi-annual maximum of
$2,000, annual maximum of $4,000 at 22 years or more.
B. Qualifications:
1. A unit member must have completed at least 1 year of continuous full-time
service at the top step in his classification. Employees in step 8 as of July 8,
2002 will receive Productivity Enhancement Pay when they reach one year at
step 8 and maintain their Productivity Enhancement Pay eligibility when they
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move to step 9. Employees in step 7 or below as of July 8, 2002 will be required
to complete one year at step 9 to be eligible for Productivity Enhancement Pay.
2. Effective July 1, 1999, a unit member must have completed 7 years of
continuous full-time service. A unit member who has continuous, full time City
service in another classification(s) may apply that time to the 7 year
requirement.
3. A unit member must have achieved the overall performance rating of meets
standards or better on his latest scheduled performance evaluation on file in
the Human Resources Department.
4. A unit member who receives a less than meets standards rating may appeal
that rating by memo through his chain of command to the Police Chief. A unit
member’s eligibility shall be reinstated once the unit member receives a
scheduled or unscheduled performance rating that meets standards.
5. A unit member must be on full-time active status. A unit member on industrial
leave shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the unit member returns to active employment.
C. Terms of Payment:
1. The City will make adjustments to an employee’s Productivity Enhancement
payment within 30 days of the qualifying date.
Section 3-3: Training Pay
A. Master Field Training Officers (FTOs) whom the department selects to conduct
department-approved officer field training; will receive an additional 5% of their
base hourly rate of pay for every day they are assigned to an officially authorized
field training position.
B. Field Training Officers who train in place or unit member assigned to train an O.I.T.
in traffic/DUI enforcement will receive 5% base hourly rate of pay for every day the
unit member actually trains.
C. Unit members assigned to the Canine Unit, who have achieved and maintain the
qualifications for the position of Canine Unit Trainer, will receive an additional 5%
of their base hourly rate of pay for every day they are assigned to an officially
authorized Canine Unit Trainer Position. The following is a list of requirements to
receive payment as a Canine Unit Trainer:
1. The unit member must be, or be designated by the Department to become,
certified by an outside association to train police service dogs. The certifications
include patrol, narcotics detection and/or explosive detection.
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2. Training being provided must include basic level training for canines and
handlers assigned to the unit. This section is not meant to include a canine
handler training only his or her assigned canine; it is meant for those who
provide basic and in service training to other canine teams in the unit.
3. An officially authorized Canine Unit Trainer Position must include responsibility
for proper written evaluation of each canine and handler being trained.
D. Detectives whom the department selects to conduct department-approved new
Detective training; will receive an additional 5% of their base rate of pay for every
day the Detective is training.
Section 3-4: Compensation for Interpreting and Translation by Sworn Police
Officers
A. Purpose
1. This regulation is written to provide guidelines for adjusting the compensation
of sworn police officers who are authorized and required by a sworn police
supervisor to utilize a language other than English, including sign language, to
conduct an official Police Department function or activity.
2. This compensation shall be for police-related functions or activities in which the
unit member is called upon to interpret in addition to their normal assigned
duties.
B. Payment Authorization
Compensation provided for by this regulation shall be given only when approved
by a sworn police supervisor prior to the actual interpretation or translation.
C. Performance Activities Approved for Special Compensation
1. Verbal interpretation, in excess of 7 consecutive minutes per occurrence, while
conducting any assigned formal police function or activity.
2. Written translation, in excess of 7 consecutive minutes per occurrence, while
conducting any assigned formal police function or activity.
3. Signing interpretation and translation, in excess of 7 consecutive minutes per
occurrence, while conducting any assigned formal police function or activity.
D. Compensation
A unit member who meets linguistic skills qualifications, as determined by a
management review panel, or in the case of sign language determined by
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presenting certification recognized by the Arizona Commission for the Deaf and
Hard of Hearing (ACDHH), shall be paid a premium of $10.00 per hour calculated
to the nearest 1/4 hour, in addition to his base hourly rate, for each hour he is
engaged in assigned and authorized interpretation, translation, or signing
activities.
Consistent with Section 5-10, 3 of this Memorandum and A.R. 2.51, employees
are eligible to use the seminar and professional membership portion of their
reimbursement benefit for the ACDHH certification.
E. Supervisory Authorization
Authorization must be provided by a sworn police supervisor in each case. Written
notification which includes a listing of the specific time periods for which the
premium payment is sought along with signatures of the unit member and the
appropriate supervisor should be forwarded to the Police Department’s Fiscal
Management Bureau before the end of the pay period in which the additional duty
occurred.
Section 3-5: Overtime
A. Overtime is defined as time assigned and worked beyond the regularly scheduled
40 hour work week or 8 hour work shift, or 10 hour work shift if a 4 day work week
is implemented. Duly authorized paid leave shall be considered as time worked for
purposes of the regularly scheduled work week. This provision shall not apply to
unpaid leave.
B. Overtime shall be worked and shall be allowed if assigned by the Police Chief or
his designees.
C. Overtime work will be compensated in either cash or compensation time at 1-1/2
times the regular rate of pay after the first 7 minutes assigned and worked beyond
the end of the unit member’s regularly scheduled shift, calculated to the nearest
1/4 hour.
D. A unit member may, subject to approval of his non-unit supervisor based on
considerations of departmental scheduling and operations factors, request to use
overtime as compensatory time subject to the limitation of 300 hours on the
accumulation of compensatory time. Use of compensatory time shall be subject to
advance approval of the non-unit supervisor. If a unit member submits overtime
requests that are in excess of 300 hours, he will be paid the difference.
E. Unit members may contribute accrued compensatory time to other employees in
accordance with City policy governing contributions of leave for serious illness of
an employee or their immediate family member.
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F. A unit member may be paid for accumulated compensatory time by submitting a
memorandum to the Fiscal Bureau requesting payment for any portion of the
compensatory time. This may be done at any time upon the unit member’s request,
and such payment will be made in the pay period following receipt of the
memorandum by the Fiscal Bureau.
G. At the direction of the immediate supervisor in each case, a unit member shall be
entitled to overtime in accordance with Article 3, Section 3-6 hereof, while he is
being evaluated by the authorized and designated City physician for return to work
at times he is not scheduled to be on duty nor is on paid leave or disability benefit
status, based on actual check-in and check-out time recorded by Health Center
staff. This time shall not qualify for the guaranteed minimum overtime provision
contained in Section 3-8, but shall be compensated at a minimum of 1 hour at 1-
1/2. No unit member shall be compensated for other than the supervisor directed
evaluation(s) by the City physician for return to work.
H. After 4 consecutive hours of overtime, a unit member shall be entitled to a paid
meal break of 1/2 hour, but in no event shall a unit member be entitled to more
than one such meal break for every 8 consecutive hours of overtime.
For a unit member participating in the 4/10 schedule, this provision shall mean that
before a unit member is entitled to a second 1/2 hour paid meal break, he shall
have worked on an overtime basis for a minimum of 4 hours beyond the end of his
regularly scheduled 10 hour work shift.
I. If work demands preclude a unit member from taking a meal period, the unit
member will be paid an additional 30 minutes at the straight time rate. This benefit
shall apply only if the interruption occurs during the first 30 minutes of the meal
period.
J. When a unit member is off duty and is contacted by telephone by his supervisor
because of the unit member’s official duties, for purposes other than call-out, or a
supervisor approves of the making or receiving of the call, the unit member will be
paid a minimum of 15 minutes at time and one-half his regular rate of pay when
any combination of calls equals 7 minutes or more. If the call extends past this
minimum, the overtime will be calculated to the nearest 1/4 hour. He will not receive
overtime for additional duty-related calls received during this compensation period.
K. A unit member on industrial leave and assigned to his home will be considered to
have the same duty hours and N-days, up to a 7 calendar day period, as the squad
he was on when the injury/illness occurred. After the 7 days, he may be reassigned
to new duty hours and/or N-days.
L. A unit member who scheduled a leave day 30 calendar days in advance through
his immediate non-unit supervisor in accordance with departmental policy and who
subsequently is placed on court stand-by, or is required to appear in court will, by
his choice, receive overtime pay in accordance with this Section and Section 3-7
and/or Section 3-8, in addition to the leave day.
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M. A unit member who scheduled a leave day but failed to do so within 30 calendar
days in advance, and who is placed on stand-by or called to court, will receive
overtime pay in accordance with this Article and Section 3-7. However, the number
of leave hours taken will be reduced by the number of overtime hours paid. Court
stand-by hours do not apply to this provision.
Section 3-6: Court Time Overtime
A. When court time constitutes overtime, a unit member shall be entitled to overtime
compensation/minimum call-out pay consistent with Section 3-8 of this
Memorandum.
1. Court time overtime shall be continuous time compensated consistent with
Section 3-6, subsection C.
2. No cost parking will be provided for unit members who are called to testify or
appear at any City of Phoenix Municipal Court facility for any official police
department business, whether on or off-duty.
3. If performed virtual, the unit employee must report to a Phoenix Police facility
to be eligible for Court Time Overtime. If performed at a location of the unit
employee’s discretion, other than a work location, the unit member will be paid
a minimum of 15 minutes at time and one-half his regular rate of pay when any
combination of calls equals 7 minutes or more. If the call extends past this
minimum, the overtime will be calculated to the nearest 1/4 hour. The unit
employee will not receive overtime for additional duty-related calls received
during this compensation period.
B. For purposes of this Article the term Court shall be defined as including Federal
District Court; Superior Court, State of Arizona; City Court, City of Phoenix, State
of Arizona; Municipal Courts in Maricopa County; Justice Court; Federal, State,
County Grand Juries; Motor Vehicle Department hearings, and Prosecutorial and
Defense interviews. It is understood that this Article shall not apply to
administrative hearings including but not limited to arbitration hearings pursuant to
the MOU, Civil Service Board hearings, PERB hearings, and hearings pursuant to
the A.R. 2.61 grievance procedure.
C. After a unit member verifies his need to appear in court to testify concerning the
performance of his official duties at a time other than his regularly scheduled tour
of duty, and he is notified less than 12 hours in advance of the scheduled
appearance time that he need not appear, the unit member will receive 2 hours of
pay at 1-1/2 times his base hourly rate of pay.
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Section 3-7: Call-Out Pay
A. A unit member called back because of his own negligence, whether in the proper
care and use of City equipment, or for his failure to complete official reports prior
to securing for the day, shall be paid for such call- back consistent with Section 3-
6, subsection C, provided, however, the unit member shall not be eligible for the 3
hour guaranteed minimum pursuant to this Article. If a claim of negligence is
disputed, it may become subject to the grievance procedure herein.
B. Anytime that a unit member is called back after leaving City facilities at a time other
than his regularly assigned shift, the unit member will receive a minimum of 3 hours
pay at time and one-half the unit member’s base pay calculated to the nearest 1/4
hour, except that a unit member shall not be eligible for additional compensation
during that three hour period.
Compensation to a unit member who is called out at times other than his regularly
scheduled shift will begin at the time the unit member is notified. The compensation
will continue up to 30 minutes beyond the completion of the duties for which the
unit member was called out, or until the member returns to his residence,
whichever is first. Where applicable, the travel time shall be paid only if the total
work and allowed travel time exceed the minimum call out guarantee. Travel time
shall not apply when a unit member is working overtime planned in advance.
C. A unit member beginning an overtime period within 3 hours or less prior to the
regularly scheduled duty reporting time, will be compensated from the time the
overtime period begins to the time he is scheduled to report for duty except that a
unit member shall not be eligible for additional compensation during that period.
D. Holdover time, i.e., being held over on shift (no break in duty exceeding 15
minutes) will be compensated for actual time spent in accordance with Section 3-
6, subsection C.
Section 3-8: Out-of-Rank Pay
A. A unit member who is temporarily required to serve in a regular authorized position
in a supervisory classification, (e.g., sergeant), shall be compensated at the higher
rate of pay in accordance with the following:
B. To be eligible for the additional compensation, the unit member must first
accumulate 10 regular working shifts of assignment in the higher rank within any
12 month period; satisfactory performance during a previous appointment to the
higher rank will be credited to the qualifying period. The days of out-of-rank
assignment need not necessarily be consecutive. Once this qualification is
satisfied, no additional re-qualification will be required. All shifts worked beyond
the 10th shift in the supervisory classification will be subject to the higher rate of
pay.
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C. Temporary assignments out-of-rank shall be recorded only in full shift units. A unit
member working out-of-rank for less than 1 full shift will not be credited with
working out-of-rank service time.
D. To qualify for out-of-rank pay, a unit member must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-rank pay
is not authorized, for example, if the organization of a work unit is such that each
unit member carries on his normal duties during the temporary absence of a
supervisor, without a need for the direction which the supervisor would provide on
a longer term basis.
E. Time worked in a higher rank shall not earn credits toward the completion of
probationary requirements in the higher rank.
F. A unit member who has qualified under these provisions shall be compensated at
the minimum rate established for the higher rank for all shifts worked beyond the
10th shift served in the higher rank. In the event of overlapping salary ranges, a
one-step differential shall be paid for out-of-rank assignments. The higher rate of
pay shall be used in computing overtime when authorized overtime is served in
out-of-rank work assignments; the overtime rate shall be the rate established by
the overtime regulations that apply to the higher rank.
Section 3-9: Sick Leave Conversion at Retirement
Effective at the beginning of the first pay period in July, 1992, the following benefits shall
apply:
A. Definitions:
1. Qualifying hours - the minimum number of accrued and unused sick leave
credits existing on the last day of service prior to retirement, which are
necessary before a unit member can participate in the benefit program.
2. Base number of hours or base hours - the number of hours of accrued and
unused sick leave credits which are uncompensated under this Article and
above which the City will compensate the unit member.
3. Base hourly wage - the base hourly rate of pay being paid at the time of
retirement to the retiring unit member who qualifies for participation in this
benefit program.
B. Benefit and Eligibility:
1. A member that has between 1 – 899 hours of sick leave remaining in their
sick leave bank at the time of retirement, shall be eligible for payment of
100% their base wage for 50% of their hours accrued.
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2. A member who has accumulated a minimum of 900 – 1,285 hours of
unused sick leave at the time of retirement, shall be eligible for payment
of 100% their base hourly rate for 65% of their remaining sick hours.
3. A member who has accumulated a minimum of 1,286 – 1,713 hours of
unused sick leave at the time of retirement, shall be eligible for payment
of 100% their base wage for 80% of their remaining sick hours.
4. A member who has accumulated a minimum of 1,714 hours of unused
sick leave at the time of retirement, shall be eligible for payment of 100%
their base wage for 100% of their remaining sick hours.
5. A unit member who has accrued 1,286 hours or more of unused sick leave may
elect to have 150 hours of sick leave paid out at the member’s hourly rate in
one lump sum. A unit member may only elect to exercise this benefit 3 times in
their career, and not more than 1 time in a fiscal year. Eligible employees may
elect to buy back their hours between July 1 and the last pay period in January
each fiscal year.
6. The payments described in numbers 1 through 5 above are not considered
Final Average Salary for purposes of pension calculations.
C. Administration:
1. At the time of retirement, the City’s Employee Benefits Division, or such other
individual or agency as the City may designate, shall determine the unit
member’s eligibility and the amount of unused sick leave to be compensated.
2. The unit member shall verify in writing the computations of the Employee
Benefits Division.
3. In the event a unit member’s eligibility for participation or the amount of
compensation is disputed, then the dispute shall be submitted to the City
Auditor for binding resolution.
Section 3-10: Sick Leave Payout
All accumulated sick leave hours on the city's official file at the time of the member's death
will be paid. Payment will be based upon the member's base hourly rate at the time of
death.
Section 3-11: Night Shift Differential/Weekend Shift Differential
A. A unit member shall receive $2.00 per hour in addition to his base hourly rate of
pay when working a night shift or any portions of a night shift which ends at or after
10:00 PM.
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B. A unit member shall receive night shift pay differential only for hours scheduled
and worked, and not while on paid leave time.
C. A unit member who is called out and works between the hours of 10:00 PM and
6:00 AM will be paid night shift differential for all hours worked at the rate specified
in this Article. If a unit member was called out while on a stand-by status, he will
not receive night shift differential.
D. A unit member shall receive $1.00 per hour in addition to his base hourly rate of
pay and any other shift differential or any other premium pay he may be receiving
for working a weekend shift. A designated weekend shift is defined as any shift
that starts on or after 2:00 PM on Friday, and continuing through any shift that
starts on or before, but not after 11:59 PM on Sunday.
1. A unit member shall receive weekend shift pay differential only for hours
scheduled and worked, and not while on paid leave.
2. A unit member who is called out and works between 2:00 PM on Friday and
11:59 PM on Sunday will be paid weekend shift differential for all hours worked
at the rate specified in this Article. If a unit member was called out while on
stand-by status, he will not receive weekend shift differential.
Section 3-12: Stand-By Pay
A. When a unit member is required and assigned to be available for immediate
emergency call-out at times that they are not otherwise on duty and the unit
member complies with departmental regulations incident thereto, the unit
member shall be compensated as follows: $100.00 on the unit member’s non-
work day and $80.00 on a workday.
B. When management determines it is necessary to provide call-out service, stand-
by assignments will be maintained by any detail in the department.
Section 3-13: Court Time Standby Pay
A. When a unit member receives a subpoena or other notice requiring him to stand-
by to appear in court to testify concerning the performance of his official duties at
a time other than his regularly scheduled tour of duty, and he was not notified 12
hours or more in advance of the court appearance that he need not stand-by, he
shall be entitled to a minimum of 2 hours of pay at 1-1/2 times his base hourly rate
of pay for court dockets scheduled before 1200 hours, and an additional minimum
of 2 hours of pay at 1-1/2 times his base hourly rate of pay for court dockets
scheduled after 1200 hours, for each day the subject court proceeding is in session
and the Unit member is subject to call, providing the provisions of subsection B
hereof are satisfied. If a unit member is required to remain on stand-by after 1200
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hours, the unit member shall receive an additional 1 hour of pay at 1-1/2 times his
base hourly rate of pay.
If call-out occurs before the expiration of stand-by pay, then stand-by status shall
continue until the occurrence of either (a) the expiration of stand-by pay; or (b)
arrival at the duty location or participation in virtual appearance begin. Call-out pay
and stand-by pay shall not be permitted to overlap resulting in the compounding of
compensation.
B. If a unit member fails to exercise his responsibility to contact the appropriate
representative of the court or a party 16 hours or less before the time indicated on
the subpoena to determine the continued need for him to stand-by, he is not eligible
for any stand-by pay.
C. For the purpose of this Memorandum, subpoena refers to a subpoena duly issued
by a court or the Arizona Motor Vehicle Department.
D. For purposes of this Article the term Court shall be defined as including Federal
District Court; Superior Court, State of Arizona; City Court, City of Phoenix, State
of Arizona; Municipal Courts in Maricopa County; Justice Court; Federal, State,
County Grand Juries; Motor Vehicle Department hearings; Mental Health Court;
and Prosecutorial and Defense interviews. It is understood that this Article shall
not apply to administrative hearings including but not limited to arbitration hearings
pursuant to the MOU, Civil Service Board hearings, PERB hearings, and hearings
pursuant to the A.R. 2.61 grievance procedure.
Section 3-14: Off-Duty Employment
A. The Department agrees to maintain a list of unit members who are interested in
off-duty work for use in making job referrals, provided the unit member has
received prior approval to engage in off-duty employment from the immediate
supervisor.
B. Off-duty employment shall be governed by the rules and regulations of the Phoenix
Police Department. Should the Department contemplate any changes in these
rules and regulations during the term of this Memorandum, it shall meet and
consult with the Association on such changes in the Labor-Management
Committee prior to implementation.
C. The Police Chief agrees to eliminate the limitation of the number of off-duty work
hours permitted. However, the Department reserves the right to take appropriate
action in the event that a unit member’s wellness, welfare, or performance is
adversely affected.
D. A unit member who works off duty in a police function for a City-sponsored event
or project, and is paid through City payroll, will be compensated at time and one-
half his regular rate of pay for all time worked.
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Section 3-15: Jury Duty
When a unit member is called upon to serve as a juror in any court action, he will be
allowed leave from his duties without loss of pay for the time required for his service.
Section 3-16: Deferred Compensation and Defined Contribution Plans
A. The City’s contribution to DCP will continue at 2.56%.
B. At the employee’s separation, for either retirement or exiting the Deferred
Retirement Options Program, the employee’s sick leave payout amounts will be
automatically contributed into the City’s 401(a) plan. Any excess amount over the
Internal Revenue Code 401(a) plan contribution maximum limits will be
automatically contributed into the City’s 457(b) plan. Any portion of the excess
amount that cannot be contributed to the 457(b) plan because of Internal Revenue
Code 457(b) plan contribution maximum limits will be paid as taxable income. The
401(a) Plan document as approved by the Deferred Compensation Board will be
the governing document.
C. After the City receives official Internal Revenue Service approval and a private
letter ruling regarding the City’s 401(a) plan, the parties agree to schedule a
meeting to discuss a possible change in the distribution of the current benefit
between the 457(b) and 401(a) plans. Any agreement will be conditional on
Deferred Compensation Board approval.
Section 3-17: Non-Direct Payment of Compensation or Benefits
Various sections of this Memorandum contain a form of compensation, wages, or benefits
that have been negotiated in good faith and may or may not provide a direct payment of
wages or other benefit to each member. Those forms of compensation, wages, or
benefits that do not provide a direct payment to each unit member have been negotiated
in place of a direct payment and costed as part of the overall economic package.
Examples include: life insurance, long term disability insurance, leave payouts, etc.
Section 3-18: Drug Recognition Expert Premium Pay
Department qualified/certified Drug Recognition Experts (DRE) who are current in
all training and requirements set forth in police, and have completed all necessary
training, shall be paid a premium of $15.00 per hour, calculated to the nearest ¼
hour, in addition to their base hourly rate, for each hour they are engaged in DRE
activities.
Section 3-19: Phlebotomist Premium Pay
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Department qualified/certified phlebotomists who are current in all training and
requirements set forth in police, and have completed all necessary training, shall
be paid a premium of $15.00 per hour, calculated to the nearest ¼ hour, in addition
to their base hourly rate, for each hour they are engaged in phlebotomy activities.
ARTICLE 4: Hours of Work/Working Conditions
Section 4-1: Work Schedules
A. The regular duty hours for a unit member shall be 5 consecutive shifts of 8 hours
in a 7 calendar day work week. These 5 consecutive shifts will be preceded and
followed by 2 “N” days. If, by reason of transfer, a unit member’s “N” days are
changed, the provisions of this section pertaining to “N” days shall not apply. The
8 duty hours per shift shall be consecutive and may include any “briefing time” and
shall include a meal period of 30 minutes. When work demands permit, with a
supervisor’s approval, a unit member may combine this 30 minute meal period with
one of his 15 minute rest periods described under Subsection D of this Article to
achieve a 45 minute meal period. This shall also apply to a unit member working
a 4/10 schedule. At times, the department may have operational needs which
necessitate a change in current work schedules. The department shall give a unit
member a minimum 7 day advance written notice when his “N” days or hours will
be changed. If this (7 day written notice is not given, and there is no operational
need for not providing the notice, the “N” days or hours change will be rescheduled
to allow for a 7 day notice period.
B. If a 10 hour, 4 day work week is implemented; the regular duty hours for an affected
unit member shall be 4 consecutive shifts of 10 hours in a 7 calendar day work
week. These 4 consecutive shifts will be preceded and followed by 3 “N” days. If,
by reason of transfer, a unit member’s “N” days are changed, the provisions of this
Subsection pertaining to “N” days shall not apply. The 10 duty hours per shift shall
be consecutive and may include any “briefing time” and shall include a meal period
of 30 minutes. At times, the department may have operational needs which
necessitate a change in current work schedules. The department shall give a unit
member a minimum 7 day advance written notice when his “N” days or hours will
be changed. If this 7 day written notice is not given, and there is no operational
need for not providing the notice, the “N” days or hours change will be rescheduled
to allow for a 7 day notice period.
C. All unit four members assigned to patrol squads with beat responsibility only will
work the work schedule defined in subsection B of this section (4/10’s) through
June 30, 2024.
D. If a unit member’s normal duty hours are changed with less than 7 days’ notice,
then the unit member is entitled to premium pay.
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If a unit member’s normal “N” days are changed, then the unit member is entitled
to premium pay.
"Premium Pay" is calculated as follows:
• For a unit member assigned to a 5/8’s schedule:
• A change in normal duty hours: 2 hours at their base hourly rate of
pay.
• One “N” day change: 4 hours at their regular rate of pay.
• Two “N” days changed: 20 hours at their regular rate of pay.
• For a unit member assigned to a 4/10’s schedule:
• A change in normal duty hours: 2.5 hours at their base hourly rate of
pay.
• One “N” day change: 5 hours at their regular rate of pay.
• Two “N” days changed: 10 hours at their regular rate of pay.
• Three “N” days changed: 20 hours at their regular rate of pay.
Subject to the discretion of the Chief, or designee, official mobilization as defined
in Operations Order 9.1 is exempt from this section.
A unit member, who requests a change in work schedules, will not receive
premium pay since the request is not a department directed change.
This section does not apply to the 30 hour or more block of annual module training.
A unit member is not eligible to receive both premium pay and overtime for the
same hours.
E. When used in the context of this Article, “Operational Needs” will be defined as:
Service demands or other required actions performed to accomplish the mission
of the department. These actions may be routine (anticipated) or emergency
(unanticipated). For routine operational actions, a seven-day written notice will be
given to change schedules. For emergency operational actions, unit members will
be provided with as much advance notice and information as the situation will
allow.
F. In addition to all duties as assigned by the Police Chief or his designees, work
hours shall continue to include 2 15 minute rest periods as work demands allow.
G. There shall be a minimum of 15 hours off between shifts, 13 hours for a unit
member working a 4/10 schedule. If this is not possible, the unit member shall
receive overtime compensation at his regular rate of pay for each full hour worked
within the described 15 hour period, 13 hour period for a unit member working a
4/10 schedule. A unit member assigned to a specialty bureau may sign individual
statements waiving the provisions of this section. Signed waivers shall continue in
effect per fiscal year.
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This section does not apply to mandatory training conducted by the Advanced
Training Detail when a member is given 30 days written notice of the required
training. The intent is not for supervisors to work employees on a double shift.
Employees’ chain of command will ensure employee’s shift prior to training is
adjusted to afford 13/15 hours off before reporting to training.
H. A unit member will be permitted to take the meal period at a location within the
squad/team area, or if no suitable eating location is available, then with the
approval of the designated supervisor, at a location outside the squad/team area.
A meal period may be taken at a private residence, with supervisory approval,
provided such residence is within the unit member’s beat area.
I. A unit member may return to his work station 20 minutes before his scheduled end
of shift if work demands permit for the purpose of completing required paperwork,
notifying oncoming unit members of any beat conditions, and to notify his
supervisor of any unusual occurrences he encountered during his shift.
J. A unit member assigned to the Canine Detail shall be allowed 4 hours of paid time
per work week to care for his police dog at his residence. The City will determine
when and how the hours will be scheduled.
K. A unit member may waive the provision of section A and B of this section to
facilitate an alternative work schedule upon written agreement of both the
Association and the Department.
L. “On duty” training will be approved at the Division Chief level.
Section 4-2: Seniority
A. The City shall provide the Association with a list of unit members showing each
unit member’s City employment date and class employment date.
B. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.
C. Seniority shall be used as a factor consistent with established Civil Service
procedures in choice of work assignments, vacation schedules and in the
determination of layoffs.
ARTICLE 5: Benefits
Section 5-1: Health Insurance
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A. The City and Association agree to maintain the current 80/20 split for health
insurance monthly contribution for the single and family coverage. If there is a rate
increase or decrease, the city will pay 80% of the new monthly contribution and
the employee will pay 20%.
B. If there is a substantive change in the City’s Health Insurance Plan design, the
Labor Relations Administrator will discuss such change with the Association.
C. In the event of the death of a unit member while on duty or while performing a
police function as determined by the City, the City will continue to pay the full
monthly health insurance premium for the spouse and all eligible dependents.
Should the surviving spouse remarry, the benefits of this provision shall be
discontinued for the spouse. Benefits for remaining eligible dependents, e.g.
children, step children, or adopted children, will remain in effect as federal law
prescribes.
In the event of the death of a unit member while commuting to or from his work
location, for a period of two hours each way, the City will continue to pay the full
monthly health insurance premium for the spouse and all eligible dependents. This
policy will be consistent with the terms of the 1997 agreement between the City of
Phoenix and CIGNA Group Insurance, for the payment of a supplementary
commutation life insurance policy for each unit member. The Association will pay
the cost of this benefit, if any, the first year of each new Memorandum period.
D. In the event Congress or the State of Arizona passes legislation which considers
the amount the City contributes to health or dental insurance as imputed income,
then the City will consider such contributions as income to the employee.
Section 5-2: Retiree Health Insurance
A. Upon retirement of a unit member, or bargaining unit member who retired on
August 1, 1992 or later, the City’s contribution to health care premiums will be
calculated without regard to age.
B. In no event will the combination of this contribution and the amount paid by the
PSPRS (Public Safety Personnel Retirement System) exceed the monthly
premium for the chosen health insurance benefit.
C. The City of Phoenix agrees to participate in the Post Employee Health Plan
(PEHP) for unit members in accordance with the terms and conditions of the Plan's
Participation Agreement, a copy of which is attached to this agreement. The
Employer agrees to contribute to the Plan on behalf of unit members:
Effective July 1, 2017, the Employer shall contribute for each unit member the
amount of $6.00 per pay period. If any contribution is an amount other than an
equal dollar amount per unit member, that contribution shall be deposited in the
unit member's Health Insurance Premium Reimbursement sub-account, otherwise
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the Employer's equal dollar amount contribution per unit member shall be
deposited into the unit member's Universal Health Care Reimbursement sub-
account pursuant to the terms and conditions of the Plan.
Section 5-3: Dental Insurance
A. The City shall pay the full premium costs for single coverage for employees
enrolled in the base HMO or PPO plan. and 75% of the premium costs for family
coverage for a City dental plan.
B. The plan shall consist of 80% payment of reasonable and customary charges
covered for preventive and diagnostic services, basic services, and major services.
The plan shall also include an orthodontia benefit providing for 80% payment of
reasonable and customary charges up to a maximum lifetime benefit of $4,000 per
person. This plan is subject to the deductibles and limitations contained in the
contract between the dental insurance carrier and the City of Phoenix. Enrollment
in prior City of Phoenix dental plans counts toward major services time limit
exclusions.
Section 5-4: Life Insurance
A. The City will continue the existing off-the-job and on-the-job life and
dismemberment insurance coverage, and will continue the face value of the policy
at $15,000. The City will continue the current policy for death in the line of duty at
$100,000.00.
B. Effective August 1, 2001, the City will increase the $35,000.00 line of duty life and
dismemberment insurance coverage to each unit member to $100,000.00.
C. Additionally, the City will provide to each unit member a $200,000 death benefit
covering the unit member’s commute to and from his city work location. This policy
will be consistent with the policy negotiated in 1997 with CIGNA Group Insurance
and will cover the unit member’s commute for up to two hours before his shift
begins and two hours after his shift concludes. The Association will only pay the
cost of this benefit the first year of the MOU.
Section 5-5: Long-Term Disability Insurance
A. The City will offer a long-term disability benefit for all full-time, regular unit members
pursuant to A.R. 2.323 as may be amended (providing that such amendments shall
not be in conflict with the MOU). Employees who have been continuously
employed and working on a full-time basis for twelve consecutive months are
eligible for long-term disability coverage. Applicants must apply for benefits they
may be eligible to receive. After an established 90 calendar day qualifying period,
the plan will provide up to 66-2/3% of the employee's basic monthly salary at the
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time disability occurs and continue up to age 75 for employees who have been
employed full-time for 36 months and one day. Employees who have been
employed full-time with the City of Phoenix for 36 months or less, will be eligible to
receive a long term disability benefit for no more than 30 months.
B. This benefit will be coordinated with sick leave, industrial insurance payments,
social security benefits, unemployment insurance and disability provisions of the
retirement plan.
Section 5-6: Holidays and Vacation Leave
A unit member shall be entitled to holiday benefits as set forth in Paragraph 2 of
Operations Order No. 3.6, including overtime compensation for hours assigned and
worked on a specified holiday in accordance with and subject to Article 3, Section 3-6,
Overtime.
A. The compensation of a unit member who actually works on a day designated as a
holiday shall include, in addition to his regular day’s pay, additional pay or
compensatory time for hours worked up to 8 excluding overtime pay.
B. A unit member who is not scheduled to work on a designated holiday will still be
compensated for 8 hours pay or compensatory time for each holiday.
C. Paid holidays shall include:
New Year’s Day
Martin Luther King, Jr's Birthday
President’s Day
Caesar Chavez Birthday
Memorial Day
Juneteenth Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Two Personal Leave Days* & **
* After 6 months of continuous service.
** Personal leave will be a total of 20 hours for all unit members.
Subject to operational and scheduling factors, a unit member’s personal
leave days shall be taken each calendar year on any day of the unit
member’s choosing.
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D. For a unit member participating in the 4/10 schedule, holiday pay shall be applied
as follows:
1. When a designated paid holiday falls on a unit member’s scheduled day off,
the unit member shall be paid 8 hours of holiday pay.
2. When a designated paid holiday falls on a unit member’s normally scheduled
work day and the unit member is directed to not work that day, the unit member
shall be paid for 8 hours of holiday pay. The additional 2 hours necessary to
receive 10 hours of pay will be deducted at the unit member’s discretion as
either non-paid time, accumulated vacation or compensatory time. If a unit
member has no accumulated vacation or compensatory time, the unit member
will receive only 8 hours of pay. Alternatively, the unit member may work for 2
hours on the holiday, paid at straight time, performing tasks at the direction of
a supervisor. The compensation of a unit member who actually works on a day
designated as a holiday shall include, in addition to his regular day’s pay,
additional pay or compensatory time for hours worked up to 8 hours, excluding
overtime pay.
E. A unit member will continue to receive holiday pay while on industrial leave.
F. Holidays shall be observed on the calendar days on which they fall for unit
members directly involved in providing continuous 24-hour or seven-day service
operations.
G. The City agrees to maintain its present vacation selection procedure and, to every
extent practicable, allow a transferred unit member to maintain his previous
vacation schedule.
H. A unit member who works a schedule at full time 52 weeks of the year shall be
credited with vacation credits for every completed calendar month of paid service
according to the following schedule:
1. Through 5 years of service 8 hrs. per month
2. 6th through 10th year of service 10 hrs. per month
3. 11th through 15th year of service 11 hrs. per month
4. 16th through 20th year of service 13 hrs. per month
5. 21st year of service and thereafter 15 hrs. per month
I. Unit members who have accrued 312 hours or more of vacation, may elect to have
150 hours of vacation leave paid out at the member’s hourly rate in one lump sum
or converted into their comp bank. The member may only elect to exercise this
benefit 4 times in their career, and not more than 1 time in a fiscal year. This
payment is not considered Final Average Salary for purposes of pension
calculations. Eligible employees may elect to buy back their hours between July
1 and the last pay period in January each fiscal year.
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Additionally, 80 hours of vacation time can be accumulated above the maximum
vacation carryover into the last 3 years of service. These hours must be used as
paid time off prior to retirement.
J. Vacation accrual, carryover and compensation at separation is as follows:
MAX ACCRUAL THAT
CAN BE
MONTHLY ACCRUAL MAXIMUM CARRYOVER COMPENSATED AT
YEARS OF SERVICE RATE (HOURS) (HOURS) SEPARATION (HOURS)
0 – 5th 8 232 280
6th - 10th 10 280 340
11th - 15th 11 304 370
16th - 20th 13** 352 430
21st+ 15** 400 490
** In the last three years of service an additional 80 hours may be carried over into
a new calendar year.
During the 2021-2023 MOU, a workgroup will be formed with participants from City
management and include a leader from PLEA for the purpose of exploring the
possible creation of a Citywide bank of hours supplied by vacation cutback hours
for use by employees with approved donation petitions. The workgroup will submit
a recommendation to the City Manager before the end of the 2021-2023 MOU.
K. For the purposes of determining monthly vacation Accrual rates for a unit member
who had a break in service, if the unit member was reemployed within 5 years, the
amount of time the person is gone is subtracted from his previous service, thereby
giving the unit member a new accrual service date.
L. A unit member may sell back up to 80 hours of vacation time each calendar year
(unit member must use a minimum of 40 hours of vacation/comp-time leave during
the calendar year to qualify for this benefit). This payment shall be made on the
first payday of December of each year, and shall be included in the unit member’s
regular, bi-weekly paycheck.
Section 5-7: Out-of-State Vacation Recall
When a unit member is temporarily recalled to duty from out-of-state while on an
authorized vacation by order of the Police Chief, or designee, he shall be reimbursed for
necessary and provable transportation expenses as determined by the Police Chief.
Page 383
Section 5-8: Military Leave
A. Definition
1. Pursuant to ARS 26-168 and ARS 38-610, employees who are members of the
Arizona National Guard or the Reserves of the United States Armed Forces,
will be entitled to a leave of absence from their duties for a period not to exceed
30 days when they are engaged in ordered annual training or to attend camps,
maneuvers, formations, or drills under orders of any branch, including the
reserve or auxiliary.
2. This leave will be granted without loss of pay or other employment rights.
B. Leave Guidelines
1. National Guard and Military Reserve leave time will be calculated using working
days.
2. Employees will not be charged with military leave time for days that fall on their
regularly scheduled days off.
3. Leave days do not have to be taken consecutively, the only limitation is the
300-hour maximum in any two consecutive military fiscal years (October 1
through September 30).
4. Travel time will not be allowed in addition to inclusive dates shown on requests.
5. A copy of the Military Orders will accompany leave requests.
Section 5-9: Uniform, Clothing and Equipment Allowance
A. Department-issued equipment, as follows:
1. The Police Department will furnish to each unit member entering the
department the following:
1 Uniform Belt
1 Handcuff Case
1 Holster
1 Helmet
1 Magazine Pouch
1 Service Weapon
1 Pepper Spray Holder
1 Pepper Spray Canister
1 Pair of Handcuffs and Key
1 Uniform Breast Badge
1 Flat Badge with Case
Page 384
1 (pair) Puncture resistant gloves
The department also agrees to provide spit masks on a continuous basis.
2. Pilot’s equipment list as follows:
The Police Department will furnish the following to each unit member assigned
to the Air Support Detail:
2 Nomex (or equivalent in quality) Flight Suits
1 Flight Helmet
1 Standard Headset
3. The Department shall replace those items as they, in the judgment of the
Department, become unserviceable due to wear or damage in the course and
scope of official duties.
B. A unit member will receive $1,150 clothing allowance per annum. Barring
unforeseen circumstances, payment for uniform allowance will be made on or
before August 1 of each fiscal year. Such payment will be made to cover the cost
of uniforms, maintenance, cleaning of such uniforms, and for other duty-related
expenses and for the unit member to provide a required flashlight and fresh
batteries.
C. A new unit member will receive an initial fiscal year uniform allowance equal to
1/12 of the annual allowance per month from the first day of the month of his
employment through the end of the fiscal year. This payment will be made in a
lump sum during the first 60 days of employment.
D. A unit member who leaves City Employment shall repay to the City the uniform
allowance equal to 1/12 of the annual allowance per month for each month
remaining in the fiscal year after the last day of the month in which separation
occurs, provided, however, that a unit member who retires will not be required to
repay any uniform allowance. In addition, the family or beneficiary of a unit member
who dies while in the employment of the City shall not have to pay back any uniform
allowance.
E. A unit member who has been on extended leave (paid or unpaid), excluding
industrial leave, sick leave, or military leave of 2 months or longer, shall have the
next annual uniform allowance reduced by 1/12 of the annual allowance for each
month of extended leave.
F.
1. On or before August 1 of each fiscal year, a unit member assigned to the
following details/squads/units will, in addition to his annual clothing allowance,
be provided a one-time payment per the following schedule upon initial transfer
to that assignment.
Page 385
Canine $320
SAU (Tactical) $320
Air Unit $320
Solo Motor $320
TRU*** $320
Detectives* $320
Bike Officers** $320
Honor Guard $320
SAU Negotiators $320
Drone Pilots $320
* Detective is defined as a certified detective who is in a detective or
investigative assignment or an assignment that normally requires the unit
member to wear civilian business clothes.
** Bicycles will be furnished by the City. To be eligible for the one-time
payment of $320, a bicycle officer must successfully complete the 40-hour
bicycle certification class and be assigned to NET, DOU, CAO, the airport,
or a School Resources Assignment, or any designated bike squad approved
by the Police Chief (i.e. the Desert Horizon Precinct Bike Squad).
2. A unit member assigned to the following details/squads/units will receive, on or
before August 1 of each fiscal year, in addition to his initial uniform allowances
described in section F1 above, an annual maintenance allowance per the
following schedule:
Canine $320
SAU (Tactical) $320
Air Unit $320
Solo Motor $320
Detectives $320
TRU*** $320
Bike Officers** $320
Honor Guard $320
The provisions of Subsection D of this Section shall apply to this Subsection.
** To be eligible for the one-time payment of $320, a bicycle officer must
successfully complete the 40-hour bicycle certification class and be
assigned to NET, DOU, CAO, the airport, or a School Resources
Assignment, or any designated bike squad approved by the Police Chief
(i.e. the Desert Horizon Precinct Bike Squad). All bicycle officers, assigned
to one of the details above, who do not ride during the course of their regular
duties, will be required to work at a minimum, one shift every fiscal year with
DOU, during a regular shift or a special event, utilizing Department issued
bicycles. This event will be coordinated with DOU command staff and the
affected units’ command. Proper notice of schedule change will occur of
the shift is outside of the unit members normal work hours.
Page 386
*** TRU is defined as an officer who has completed the annual TRU
certification course and is assigned to a TRU response/support squad. The
Unit member must attend annual training and maintain certification to be
eligible for allowances.
G.
1. A unit member who purchases a new ballistic vest shall, upon showing proof of
purchase, be reimbursed an amount up to, but not exceeding, $1,000.
2. At the time of the purchase, the member can utilize the remainder of stipend to
purchase department authorized armor plates.
3. Upon replacement of his ballistic vest, a unit member shall be entitled to the
above $1,000 reimbursement every 5 years.
H.
1. The City agrees to reimburse a unit member for the repair or replacement of
uniform items and for other personal property damaged in the course of
employment and performance of their assigned duties without fault or
negligence on the part of the unit member, other than normal wear and tear in
accordance with the schedule of items and maximum amounts authorized for
reimbursement outlined below:
Business Suit $250
Business Dress $100
Sport Coat $150
Dress Shirt $50
Dress Trousers $75
Dress Skirt $75
All Shoes $100
Uniform Boots ALL
Motorcycle Boots ALL
Motorcycle Gloves $100
Glasses and contacts RX ALL
Sunglasses -non-RX $80
Watches $80
Jewelry $75
Police Uniform Trousers ALL
Police Motorcycle Breeches ALL
Police Uniform Shirt ALL
Police Jacket ALL
Police Motorcycle Jacket ALL
Flashlight $100
Ballistic Vest ALL
Service Weapon and (up to cost of City weapon) authorized attached
accessories
Page 387
2. Reimbursements for full, 3/4, 1/2, 1/4, value are based on the supervisor’s
evaluation and recommendations of the article’s condition and age. Items not
listed above are not covered by the policy.
3. The option to repair or replace damaged items, and to determine whether
replaced property will be returned to unit member, rests with the City.
4. The provisions of this policy shall not apply if the unit member has concealed
or misrepresented any material fact or circumstances concerning the subject
of the loss, his interests therein, or in the case of any fraud or false statements
by the unit member relating thereto.
I. Upon duty related retirement, the City will provide the retiring member a Retired
Police Officer’s Commission Card similar in appearance to the regular Commission
Card.
J. Upon retirement, with Chief approval, a unit member will receive his breast badge
mounted on a plaque, a retired flat badge and case, handcuffs, and his fully
functional department-issued service weapon, including all 3 duty magazines, for
$1.00. If the unit member dies in the line of duty or while employed by the
department, the unit member’s spouse or an adult survivor may elect to receive
these items, except for the flat badge and case, for $1.00 which will be paid by
PLEA. The unit member’s spouse or adult survivor will have the option of receiving
the service weapon in a fully functional condition, or may request the unit member’s
service weapon be disabled and mounted in a shadow box, or may decline
receiving the service weapon. The choice will be made in writing. PLEA will provide
a gun safety device, upon request by the unit member.
K. A unit member assigned to the Canine Detail will have the option of purchasing his
dog as follows:
1. If both the police dog and the unit member have been in the Canine Detail in
excess of 5 years, at retirement the unit member may purchase his dog for
$1.00.
2. If both the police dog and the unit member have been in the Canine Detail in
excess of 5 years and the unit member leaves other than for retirement, the
decision to allow the purchase of his dog will be made on a case by case basis
and this decision will not be arbitrary.
L. Unit members who are assigned a rifle, currently qualified, and assigned to patrol
or a patrol specialty unit, Downtown Operations Unit, and Airport Bureau will
receive a stipend to offset costs of any Department authorized equipment already
purchased, that assists them with deployment and utilization of their rifle as follows:
• Eligible employees will be able to submit a memo with attached receipts for
new and/or replacement rifle related equipment up to a limit of $500 every
5 years.
Page 388
Members will accumulate receipts for newly purchased equipment and will make
one submission to fiscal for reimbursement.
Section 5-10: Reimbursement for Education Expenses
A. A unit member who participates in the Tuition Assistance Program shall be eligible
for tuition reimbursement pursuant to the following provisions:
1. For the 2021-2023 fiscal years, an employee may submit tuition expenses
incurred in the prior fiscal year such that the maximum total reimbursed does
not exceed $13,000 across any two-year period.
2. To be eligible for any reimbursement, a unit member must have successfully
completed academic or training courses approved by the Police Chief and the
Human Resources Director as provided in existing regulations.
3. Unit members shall be allowed to use up to $500.00 of their reimbursement
benefit for job-related seminars, workshops, and professional memberships
each fiscal year.
Section 5-11: Leave of Absence
Subject to development of administrative controls, a unit member who has no other
accumulative paid leave may use up to 10 hours per year of accumulated sick leave for
non-emergency home care or medical treatment for a member of the unit member’s
immediate family subject to operational and scheduling factors. When utilizing this benefit,
the member shall identify the use of such time as non-emergency family illness. Such
leave request shall not be unreasonably withheld.
Section 5-12: Workers’ Compensation
A. Employees shall continue to receive 100% of their current rate of pay while off-
duty due to an industrial injury based on current practice which is a maximum of 1
year per injury, thereafter the rate becomes 66-2/3%.
B. Should the Association believe that a dispute in jurisdiction is unduly delaying a
Workers’ Compensation claim, or if the Association believes the City needs to
provide greater assistance to an employee trying to reopen an old claim, the
Association may request a meeting with City Workers’ Compensation staff
(provided the involved employee signs a release to do so) and such meeting will
be scheduled within 14 calendar days.
Page 389
C. The City will first attempt to use physicians from specialty lists created by City of
Phoenix Pension Boards for Independent Medical Examinations for employees in
Unit 4.
D. Family and Medical Leave Act (FMLA) leave shall not run concurrent with leave
paid as industrial injury/illness (e.g. Workers’ Compensation).
ARTICLE 6: Miscellaneous
Section 6-1: Saving Clause
A. If any Article or Section of this Memorandum should be held invalid by operation
of law or by a final non-appealable order of the Phoenix Employment Relations
Board or a final judgment of any court of competent jurisdiction, or if compliance
with or enforcement of any Article or Section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby; and upon
issuance of such final order or decree, the parties, upon request of either of them,
shall meet and confer to endeavor to agree on a substitute provision or that such
a substitute provision is not indicated.
B. It is recognized by the parties that currently the provisions of the Fair Labor
Standards Act are applicable to certain of the wage and premium pay provisions
of this Memorandum of Understanding (MOU) and that this MOU shall be
administered in compliance with the Act for so long as the Act is applicable.
C. It is recognized by the parties that currently the provisions of the Americans with
Disabilities Act are applicable to certain of the provisions of this Memorandum of
Understanding (MOU) and that this MOU shall be administered in compliance with
the Act for so long as the Act is applicable.
Section 6-2: Copies of Memorandum
Within 60 days from the date that this Memorandum is adopted by the City Council, the
Association will arrange for printing of it for furnishing one to every unit member, unit
supervisor and to management personnel. The cost of such duplication and distribution
will be borne equally by the Association and the City. Printing vendors secured by the
Association shall comply with Chapter 18, Articles IV (City Construction Contractors'
Affirmative Action Requirements) and V (Supplier's and Lessee's Affirmative Action
Requirements), Phoenix City Code.
Page 390
Section 6-3: Aid to Construction of Provisions of Memorandum of Understanding
A. It is intended by the parties hereto that the provisions of this Memorandum shall
be in harmony with the rights, duties, obligations and responsibilities which by law
devolve upon the City Council, City Manager, Police Chief, and other City boards
and officials, and these provisions shall be interpreted and applied in such manner.
B. The Association recognizes the powers, duties and responsibilities of the Police
Chief as set forth in the Charter and Ordinances and that pursuant thereto the
Police Chief has the authority to establish rules and regulations applicable to the
operation of the Police Department and to the conduct of the police officers
employed therein, subject to the express provisions of this Memorandum.
C. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Association having had an opportunity to raise all matters in
connection with the meet and confer proceedings resulting in this Memorandum is
precluded from initiating any further meeting and conferring for the term thereof
relative to matters under the control of the Police Chief, the City Council or the City
Manager. This section shall not be construed to limit free and informal discussions
under, Section 2-2 hereof.
Section 6-4: Changes in Department Operations Orders Pursuant to this
Memorandum
A. Within 60 days from the date this Memorandum is adopted by the City Council, the
Department shall provide electronic copies of those Department and Operations
Orders reflecting changes pursuant to this Memorandum. Copies of such changes
shall be available to each unit member on or about July 1 of each fiscal year or as
soon thereafter as possible.
B. During the preparation of changes to the Department’s Operations Orders, and
precinct/bureaus manuals, drafts of the proposed changes will be staffed out to the
Association.
Section 6-5: Physical Fitness
A. It is recognized by the parties that it is the responsibility of a unit member at all
times to make every effort to maintain his physical condition so as to be fully fit to
perform his duties with maximum effectiveness.
To assist a unit member in this respect, the City agrees to provide and maintain
exercise equipment for each precinct station, Deer Valley, Resource Bureaus,
Police Headquarters, and at the Training Academy.
B. The City will provide required FAA physicals to pilots assigned to the Air Support
Unit.
Page 391
C. If a unit member, while carrying out his official duties is exposed to an infectious
disease/virus, the City agrees to pay the expenses for inoculation of the member.
D. Unit members are allowed to work out on their “Code 7” at Police Department
facilities. Unit members are required to remain in workpants/boots. Employees
who work out on their “Code 7”:
• Must adhere to Operations Order 4.1 (Meals and Breaks);
• Must submit a workout memo through the Chain of Command to the
Department Fitness Coordinator;
• Adhere to Operations Order 3.7 (Industrial Injuries);
• Must limit their activity to Strength Training/Cardio Training;
• May not work out on their “Code 7” during overtime shifts; and,
• May not work out during the last 2 hours of their duty shift, unless
approved by their supervisor.
Program viability will be reviewed annually by the Police Chief.
Section 6-6: Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect beginning with the first
regular pay period commencing in July 2023, up to the beginning of the first regular
pay period commencing in July 2024.
B. Except as expressly provided in this Memorandum, the City shall not be required
to meet and confer concerning any matter, whether covered or not covered herein,
during the term or extensions thereof. This paragraph is not intended to preclude
informal discussions under Article 2, section 2-2 hereof.
C. The provisions of this Memorandum shall be subject to Federal, State, Charter,
and existing local laws that vest jurisdiction and authority in the City Council,
Phoenix Employment Relations Board, and Phoenix Civil Service Board.
D. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions.
Page 392
IN WITNESS WHEREOF, the parties have set their hands this ____ of May, 2023.
_______________________________________________________
Darrell Kriplean, President, Phoenix Law Enforcement Association (PLEA)
_______________________________________________________
Jason Perkiser, Assistant Human Resources Director/Labor Relations, City of Phoenix
_______________________________________________________
Jeff Barton, City Manager, City of Phoenix
ATTEST:
_______________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED AS TO FORM:
_______________________________________________________
City Attorney, City of Phoenix
PLEA Team: City of Phoenix Team:
Darrell Kriplean, President Jason Perkiser, Assistant HR Director, Labor Relations
Yvette Bro, Vice-President Charmane Osborn, Assistant Police Chief
John Maxwell Sean Kennedy, Assistant Police Chief
Michael Thomas Dennis Orender, Commander
Santos Robles Warren Brewer, Commander
Justin Hernandez Tobin Daily, Public Safety HR Liaison
Dan Grant Mark Bizik, Management Assistant II
Danielle Vermeer, Management Intern (Scribe)
Page 393
ATTACHMENT A
DRUG TESTING
The Phoenix Police Department’s Operations Order 3.21, Controlled Substance
Screening policy, is added to this Memorandum as Attachment B.
Page 394
ATTACHMENT B
RETIREE HEALTH CONTRIBUTION
The City shall provide Basic Medical Reimbursement Plan (MERP) benefits to MERP
eligible unit retirees and to unit members who are hired before August 1, 2007 and are
eligible to retire no later than August 1, 2022 (the date of an individual’s retirement
eligibility was determined on August 1, 2007), at the monthly amounts based on years of
service listed below:
5 to 14 years of service $135.00
15 to 24 years of service $168.00
25 or more years of service $202.00
Unit employees hired on or after August 1, 2007, regardless of years of service, may
qualify for a Post Employment Health Plan (PEHP) account.
Public Safety Personnel Retirement System (These benefits are not under City of
Phoenix control)*
Retiree only not on Medicare $150.00
Retiree & family not on Medicare $260.00
Retiree only on Medicare $100.00
Retiree - one with Medicare $215.00
Retiree - all on Medicare $170.00
*Rates shown are for the 2012 calendar year. For current rates, see http://www.psprs.com/
Page 395
ATTACHMENT C
Unit 4 – Police Officers
WAGES
Police Officer, Job Code 62210
Effective July 10, 2023
STEP HOURLY BI-WEEKLY ANNUAL
Police Officer*Pilot, Job Code 62211
Effective July 10, 2023
STEP HOURLY BI-WEEKLY STEP
Police Officer*Rescue Pilot, Job Code 62212
Effective July 10, 2023
STEP HOURLY BI-WEEKLY STEP
Police Officer*Flight Instr, Job Code 62213
Effective July 10, 2023
STEP HOURLY BI-WEEKLY STEP
Police Officer*Chief Pilot, Job Code 62214
Effective July 10, 2023
STEP HOURLY BI-WEEKLY STEP
Page 396
Report
Phoenix Law Enforcement Association, PLEA (Unit 4) (Resolution 22118)
The City of Phoenix has met and conferred with Phoenix Law Enforcement
Association, PLEA (Unit 4) in accordance with the terms of Phoenix City Code section
2-218, and a Memorandum of Understanding (MOU) has been approved by the
organization's membership. A copy of the proposed MOU has been filed with the City
Clerk and an opportunity for public comment was conducted at the April 19, 2023, City
Council Formal Meeting.
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 337
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
CITY OF PHOENIX
AND
PHOENIX LAW ENFORCEMENT ASSOCIATION
REPRESENTING UNIT 4 EMPLOYEES
Page 338
PREAMBLE .................................................................................................................... 4
ARTICLE 1: RIGHTS ...................................................................................................... 4
SECTION 1-1: PURPOSE/GENDER ...............................................................................................................................4
SECTION 1-2: CITY AND DEPARTMENT RIGHTS .........................................................................................................4
SECTION 1-3: RIGHTS OF ASSOCIATION .....................................................................................................................6
SECTION 1-4: RIGHTS OF UNIT MEMBERS................................................................................................................ 11
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS........................................................................................... 20
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 21
SECTION 2-1: GRIEVANCE PROCEDURE ................................................................................................................... 21
SECTION 2-2: LABOR-MANAGEMENT COMMITTEE .................................................................................................. 25
SECTION 2-3: RESOLVING GENERAL COMPLAINTS .................................................................................................. 25
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 26
SECTION 3-1: WAGES .............................................................................................................................................. 26
SECTION 3-2: PRODUCTIVITY ENHANCEMENT PAY ................................................................................................. 27
SECTION 3-3: TRAINING PAY ................................................................................................................................... 28
SECTION 3-4: COMPENSATION FOR INTERPRETING AND TRANSLATION BY SWORN POLICE OFFICERS..................... 29
SECTION 3-5: OVERTIME ......................................................................................................................................... 30
SECTION 3-6: COURT TIME OVERTIME .................................................................................................................... 32
SECTION 3-7: CALL-OUT PAY.................................................................................................................................. 33
SECTION 3-8: OUT-OF-RANK PAY ........................................................................................................................... 33
SECTION 3-9: SICK LEAVE CONVERSION AT RETIREMENT ....................................................................................... 34
SECTION 3-10: SICK LEAVE PAYOUT ....................................................................................................................... 35
SECTION 3-11: NIGHT SHIFT DIFFERENTIAL/WEEKEND SHIFT DIFFERENTIAL ......................................................... 35
SECTION 3-12: STAND-BY PAY................................................................................................................................ 36
SECTION 3-13: COURT TIME STANDBY PAY ............................................................................................................ 36
SECTION 3-14: OFF-DUTY EMPLOYMENT ................................................................................................................ 37
SECTION 3-15: JURY DUTY ...................................................................................................................................... 38
SECTION 3-16: DEFERRED COMPENSATION AND DEFINED CONTRIBUTION PLANS .................................................. 38
SECTION 3-17: NON-DIRECT PAYMENT OF COMPENSATION OR BENEFITS............................................................... 38
SECTION 3-18: DRUG RECOGNITION EXPERT PREMIUM PAY ................................................................................... 38
SECTION 3-19: PHLEBOTOMIST PREMIUM PAY ........................................................................................................ 38
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 39
SECTION 4-1: WORK SCHEDULES ............................................................................................................................ 39
SECTION 4-2: SENIORITY ......................................................................................................................................... 41
ARTICLE 5: BENEFITS ................................................................................................ 41
SECTION 5-1: HEALTH INSURANCE .......................................................................................................................... 41
SECTION 5-2: RETIREE HEALTH INSURANCE ........................................................................................................... 42
SECTION 5-3: DENTAL INSURANCE .......................................................................................................................... 43
SECTION 5-4: LIFE INSURANCE ................................................................................................................................ 43
SECTION 5-5: LONG-TERM DISABILITY INSURANCE ................................................................................................ 43
SECTION 5-6: HOLIDAYS AND VACATION LEAVE .................................................................................................... 44
SECTION 5-7: OUT-OF-STATE VACATION RECALL ................................................................................................... 46
SECTION 5-8: MILITARY LEAVE .............................................................................................................................. 47
SECTION 5-9: UNIFORM, CLOTHING AND EQUIPMENT ALLOWANCE ........................................................................ 47
SECTION 5-10: REIMBURSEMENT FOR EDUCATION EXPENSES ................................................................................. 52
SECTION 5-11: LEAVE OF ABSENCE ......................................................................................................................... 52
SECTION 5-12: WORKERS’ COMPENSATION............................................................................................................. 52
ARTICLE 6: MISCELLANEOUS .................................................................................. 53
SECTION 6-1: SAVING CLAUSE ................................................................................................................................ 53
SECTION 6-2: COPIES OF MEMORANDUM................................................................................................................. 53
Page 339
SECTION 6-3: AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF UNDERSTANDING ............................. 54
SECTION 6-4: CHANGES IN DEPARTMENT OPERATIONS ORDERS PURSUANT TO THIS MEMORANDUM ..................... 54
SECTION 6-5: PHYSICAL FITNESS ............................................................................................................................. 54
SECTION 6-6: TERM AND EFFECT OF MEMORANDUM .............................................................................................. 55
ATTACHMENT A .......................................................................................................... 57
ATTACHMENT B .......................................................................................................... 58
ATTACHMENT C .......................................................................................................... 59
Page 340
Preamble
WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code in order to reach agreement concerning wages, hours, and working conditions
of employees in the Police Officers Unit, and
WHEREAS the parties hereby acknowledge that the provisions of this Memorandum are
not intended to abrogate the authority and responsibility of City government provided for
under the statutes of the State of Arizona or the Charter or ordinances of the City of
Phoenix except as expressly and lawfully limited herein,
NOW THEREFORE, it is agreed that this Memorandum of Understanding (hereinafter
“Memorandum”) shall be submitted to the City Council of the City of Phoenix for its
consideration.
ARTICLE 1: Rights
Section 1-1: Purpose/Gender
Wherever any words used herein in the masculine, feminine or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
Section 1-2: City and Department Rights
A. The Association recognizes that the City and the Police Chief retain, whether
exercised or not, solely and exclusively, all express and inherent rights and
authority pursuant to law with respect to determining the level of and the manner
in which the City’s law enforcement activities are conducted, managed, and
administered, and the Association recognizes the exclusive right of Police Chief to
establish and maintain departmental rules and procedures for the administration
of the Police Department during the term of this Memorandum provided that such
rules and procedures do not violate any of the specific express provisions of this
Memorandum.
B. The City and Police Chief have the exclusive right and authority to schedule work
and/or overtime work as required in the manner most advantageous to the City.
C. It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described; nevertheless,
it is intended that all such duties shall be performed by the employee.
D. The Police Chief and City Manager reserve the right to discipline or discharge
employees for just cause, defined as follows, pursuant to the Civil Service laws.
The City reserves the right to lay off personnel of the Department.
Page 341
1. The employer informed the law enforcement officer of the possible disciplinary
action resulting from the officer's conduct through agency manuals, employee
handbooks, the employer's rules and regulations, or other communications to
the officer or the conduct was such that the officer should have reasonably
known disciplinary action could occur.
2. The disciplinary action is reasonably related to the standards of conduct for a
professional law enforcement officer, the mission of the agency, the orderly,
efficient or safe operation of the agency, or the officer's fitness for duty.
3. The discipline is supported by a preponderance of evidence that the conduct
occurred.
4. The discipline is not excessive and is reasonably related to the seriousness of
the offense and the officer's service record.
E. The City and the Police Chief shall determine assignments and establish methods
and processes by which assignments are performed. This is not grievable under
the MOU.
F. The City and Police Chief shall have the right to transfer employees within the
Police Department in a manner most advantageous to the City. This is not
grievable under the MOU.
G. Except as otherwise specifically provided in this Memorandum, the City and the
Police Chief retain unqualifiedly all rights and authority to which by law they are
entitled.
H. The City shall have the authority without prior meeting and conferring to effect
reorganizations of the Police Department.
I. The Association recognizes that the City has statutory and Charter rights and
obligations in contracting for matters relating to municipal operations.
J. The Association pledges cooperation to the increasing of departmental efficiency
and effectiveness. Any and all rights concerning the management, organization,
and direction of the Police Department and the police force, including those set
forth in this Memorandum, shall be exclusively the right of the City and the Police
Chief unless otherwise provided by the express terms of this Memorandum as
permitted by law.
K. The inherent and express rights of the City and the Police Chief, including those
herein specifically referred to, which are not expressly modified or restricted by a
specific provision of this Memorandum, are not in any way, directly or indirectly,
subject to the Grievance Procedure herein.
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Section 1-3: Rights of Association
A. The Association, as the authorized representative, has the exclusive right to
serve as the meet and confer representative of all employees in the Police
Officers Unit as described in the City Code.
Under no circumstance shall the department create or request unit members to
sign or agree to individual employment contracts without mutual agreement with
the Association. Unit members will still be required to sign for receipt of materials.
B. Union Release:
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and the Association have
negotiated six full-time release positions, and release hours, as an efficient and
readily available point of contact for addressing labor-management concerns.
Examples of work performed by the release positions in support of the City
include ensuring representation for unit employees during administrative
investigations and grievance/disciplinary appeal meetings with management;
participating in collaborative labor-management initiatives that benefit the City
and the unit members; serving on Police Department task forces and
committees; facilitating effective communication between City and Department
management and unit employees; assisting unit members in understanding and
following work rules; and administering the provisions of the Memorandum of
Understanding. The cost to the City for these release positions, including all
benefits, has been charged as part of the total compensation contained in this
agreement in lieu of wages and benefits.
1. Full-Time Release Positions:
a. The 6 full time release positions shall be sworn, full time, paid police
officers of the Phoenix Police Department, who will at all times remain
qualified to perform such duties as are normally expected and required of
a municipal police officer in the City of Phoenix, Arizona. These 6 full time
release positions will receive their regular salary including fringe benefits,
and the employer shall make all employer contributions to the Public
Safety Personnel Retirement System required by law so as to maintain
their full eligibility under the Public Safety Personnel Retirement System.
b. The 6 full time release positions shall participate in all appropriate training
requirements necessary to maintain membership in the department,
including all training mandated by the Arizona Peace Officers Standards
and Training Board (AZ POST).
c. The 6 full time release positions agree to be bound by the City’s and the
Police Department’s rules, regulations, and operations orders, including
but not limited to proper notification when utilizing sick or vacation leave.
The full time release employees may be subject to disciplinary action for
violations of any such rules, regulations, general or operations orders.
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d. The 6 full time release positions may work supplemental overtime shifts
consistent with the processes and policies set in place by the Phoenix
Police Department for all sworn police officers. Employees will submit all
overtime slips to their current supervisor to ensure that overtime is being
used appropriately.
2. Association Representatives:
The Association may designate up to 42 representatives and shall notify the
Police Chief and Labor Relations in writing of such designations as they
occur. There shall be no obligation on the City to change or adjust normal
departmental scheduling or assignments of personnel as a result of such
designations or as changes occur.
Every quarter, PLEA will provide a list of stewards that will be posted.
a. Up to two PLEA representatives may, when the Association is designated
by the unit member as his representative, attend mutually scheduled
grievance meetings, Use of Force Boards, Disciplinary Review Boards,
IRP Meetings, and hearings with department representatives and hearings
scheduled and conducted by the Civil Service Board without loss of pay or
benefits. Up to two PLEA representatives may attend hearings with the
department representative if more than one department representative is
in attendance. Paid release time used for any other purposes, such as
gathering information, interviewing the grievant/appellant or witnesses, or
preparing a presentation shall be charged against the bank of release
hours as described in Section 1-3 D. PLEA representatives are required to
obtain the permission of their non-unit supervisor to absent themselves
from their duties to attend scheduled meetings and provide representation.
b. When new work units, precinct(s)/bureau(s) are created, the Association
may designate up to 1 additional representative per bureau and up to 3
additional representatives per precinct. The increased number will be
consistent with current practice and will be based solely on the addition of
new work unit(s). Any deviation from the above will be discussed at a
Labor-Management meeting.
3. Bank of Release Hours:
A bank of 1,859 hours of paid Association release time shall be created per
M.O.U. year for use by the Association to engage in legitimate Association
business. PLEA will utilize best efforts to provide advanced notice of the use
of these hours to Labor Relations so the affected chain of commands can be
notified. In all instances, PLEA will provide Labor Relations with notice of
hours used. The cost to the City for these release hours, including fringe, has
been charged as part of the total compensation contained in this agreement
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in lieu of wages and benefits. Examples of how these hours are used by the
Association include:
a. For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations
pursuant to Chapter 2, Article XVII (Employer-Employee Relations),
Phoenix City Code.
b. For unit members to attend seminars, meetings, training classes and
conferences so that representatives better understand issues such as City
policies and practices, conflict resolution, labor-management partnerships,
and methods of effective representation.
c. For Association representatives to communicate with members,
investigate grievances or prepare for hearings. A PLEA representative
wishing to enter a work area for the purpose of investigating a formal
grievance must first gain the permission of the work area supervisor. This
permission will not be unreasonably withheld, giving proper consideration
to essential work of the department and the occupational safety of the
PLEA representative. When requesting a meeting with the work unit/site
supervisor, the PLEA representative will inform the supervisor of the
purpose of the meeting. PLEA representatives will attempt to schedule an
appointment in advance whenever possible. One additional PLEA
representative may be allowed to attend such meetings for training
purposes.
Approval for use of paid release time hereunder shall be subject to
Departmental operational and scheduling factors. When using such paid
time, Association representatives and members of the Executive Board
shall give at least 24 hours written notice in advance.
In recognition of the mutual benefit to both the City and the Association, a
unit member using Association release time as defined by Articles in this
MOU to conduct Association business shall be accorded all insurance-
related benefits. Approval of claims made for benefits will be determined
on a case by case basis.
Any hours used in excess of the bank must be approved by the Police
Chief, the Labor Relations Administrator, and the PLEA president. The
number of hours used in excess of the bank at the end of the contract
term will be deducted from the bank at the start of the first year of the
following contract. Unused hours will be carried over into the first year of
the next contract.
C. The president may appoint a legislative representative for the Association if the
legislative representative is registered with the Secretary of State as a lobbyist
and if the legislative representative has agreed to work with and assist the city’s
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legislative lobbyist. The legislative representative shall receive 500 hours of
release time per MOU year.
D. A member of the Executive Board of the Association, or a designated PLEA
representative, will, with the approval of the Police Chief or his designee, subject
to 24 hours written notice in advance, be authorized to engage in Association
related activities during City work hours on a non-paid basis. Approval for such
authorization for more than 2 Executive Officers or Board members of the
Association or designated shift representatives is subject to 48 hours written
notice in advance. Approval for use of unpaid time hereunder shall be subject to
Department operational and scheduling factors and administration control as to
usage of such time, but shall not be arbitrarily withheld. There shall be no use of
official paid time for Association related activities under this paragraph.
E. Upon the Association’s filing of a Third Party Data Sharing Agreement with the
Labor Relations Division, during the term of this Memorandum, upon request, the
City shall furnish to the Association bimonthly at no cost a listing of all unit
members, indicating name, mailing address, phone number and assignment. The
City will also provide a monthly list of employees added that month to Unit
4.
F. The City shall deduct monthly from the pay warrants of Association members the
regular periodic Association membership dues and/or special assessments in
accordance with Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code and pursuant to the City’s existing dues deduction authorization form
duly completed and signed by the Association member, and transmit such
deductions to the Association on a monthly basis; except, however, that such
deduction shall be made only when an Association member’s earnings for a pay
period are sufficient after other legally required deductions are made. The City
shall, at the request of the Association, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for
implementing such change. The City shall not make dues deductions for unit
members on behalf of any other employee organization as defined in Chapter 2,
Article XVII (Employer-Employee Relations), Phoenix City Code during the term
of this Memorandum. The City assumes no liability on account of any action
taken pursuant to this paragraph.
G. The Association is authorized to use mutually agreed upon non-work areas in
City facilities for pick-up by or distribution to unit members of official Association
literature that is not political in nature, abusive of any person or organization, or
disruptive of the department’s operations, it being understood and agreed,
however, that such activity shall not be done during the on-duty time of any unit
member. The Association may, using its own resources, use the mailboxes at
work locations to communicate with unit members. The association may use
Inter-departmental mail to communicate with unit members on two occasions a
year.
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H. The Association and the Department will jointly present a 4-hour Employee
Wellness course to recruits who are expected to become sworn police officers.
Immediately following, the Association will be allowed 1 hour to talk to and
possibly sign newly sworn police officers into the Association and to explain the
rights and benefits under the MOU. This time will be allotted prior to reporting for
the first patrol training shift at the offices of the Association. The content of such
information shall not be political in nature, abusive of any person or the
Department or disruptive of the Department’s operation. Curriculum will be jointly
approved with the Training Bureau Division Chief.
I. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any
hours or fractions of hours spent outside the unit member’s work shift in pursuit
of benefits provided by this Article. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.
J. Any unit representative attending any IRP, DRB, UFB, DAC, or any other review
board will be allowed to adjust their work schedule by an equal amount of time
spent in the meeting. The adjustment will require the approval of the
representative’s supervisor with operational consideration. Approval will not be
unreasonably withheld.
K. In the interest of encouraging continuing education for unit members, the
department will mail to the Association president the AZ POST calendar and all
other job related seminar notices it receives.
L. The Association will have 2 PLEA positions, designated in writing, on continuous
paid stand-by for the mutual benefit of both the City and the Association to
respond to critical incidents as needed. No member will be placed on stand-by if
the member is not available for call-out. If call-out occurs, overtime will be paid in
accordance with Article 3, Section 3.2.
M. Upon written request from the Association, the City will provide specific
information pertinent to a written grievance, arbitration case, or Civil Service
appeal. The City will also provide pertinent collective bargaining information. This
material will be supplied to the Association at no cost.
N. To improve communication and relationships between labor and management,
the Association will be allowed an opportunity to attend one mutually agreed
upon briefing quarterly with each squad to discuss Association business and
issues of mutual concern to labor and management. PLEA will utilize best efforts
to provide advance notice of meeting.
O. The City values and benefits from the participation of Union leaders on citywide
task forces and committees, Police Department task forces and committees,
Labor –Management work groups, and a variety of Health and Safety
committees. These activities take time away from expected tasks such as
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representation and communicating with the membership and may occur outside
the regular work day of the Union officials. The full-time release positions agree
to participate in these important committees and task forces. In recognition of this
commitment, the City agrees to provide a 960 hour bank of compensation for use
by the full-time release positions each MOU year.
P. Unit members who are not Association members at the beginning of the last pay
period in June of each year will receive 3.5 hours of vacation time, in addition to
their normal annual accruals, credited to their vacation leave bank on the second
paycheck in August of that same year. Unit members who are not Association
members at the beginning of the last pay period in December of each year will
receive 3.5 hours of vacation time in addition to their normal annual accruals,
credited to their vacation leave bank on the second paycheck in February of the
following year.
The number of hours distributed to Unit members who are not Association
members will be deducted from the leave banks described in Section 1-3,
beginning with the Section 1-3(C) leave bank, then the Section 1-3(B)(3) leave
bank, and then the Section 1-3(O) leave bank. If there are not enough hours in
the leave banks to refund the hours to Unit members who are not Association
members, the Association will reduce the number of full-time release positions for
the remainder of the six-month period. The value of each reduced full-time
release position will be converted to hours and credited to the Section 1-3(B)(3)
leave bank.
The City will provide Unit members who are not members of the Association “opt
in” forms, to be approved by the Association, allowing them to donate vacation
leave to be deposited into the Section 1-3(B)(3) leave bank. At any time during
the term of this MOU, any Unit member may request this “opt in” form in order to
donate vacation time in the manner above-described.
Q. As the certified unit 4 bargaining unit, the Association will be notified electronically
of Use of Force Boards and Disciplinary Review Boards at the time of scheduling.
Section 1-4: Rights of Unit Members
A. A unit member has the right to have the Association serve as their meet and confer
representative as set forth in Chapter 2, Article XVII (Employer-Employee
Relations), Phoenix City Code.
B. A unit member has the right to be represented by the Association in dealings with
the City concerning grievances and matters pertaining to their individual
employment rights and obligations.
1. If a unit member requests, representation will be allowed when the member is
the subject of an administrative investigation by Professional Standards
Bureau, any Police Department supervisor, or other City employee who is
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conducting an investigatory interview. The City will notify the Association who
will obtain the most readily available unit Association representative, who must
be a bargaining unit member. The unit representative will make every
reasonable attempt to arrive within one hour from the time a phone is made
available to the unit member. Management will make a concerted attempt to
release the association representative giving the consideration of the
departments’ and the associations’ scheduling concerns. The unit Association
representative may make a request for a caucus prior to, during, or after the
interview to bring to the investigator's attention issues which may be violations
of the MOU as set forth in this Memorandum or questions outside the scope of
the N.O.I. Prior to the conclusion of the meeting, the member, or representative
on behalf of the employee, will have the opportunity to make a closing
statement.
The Union representative may assist and consult with the employee, attempt
to clarify the facts or questions asked, and suggest other employees or
witnesses who may have knowledge of the underlying issues. The Union
representative may not turn the meeting into an adversarial proceeding, unduly
disrupt the interview, interfere with the objective of the examination, or
compromise the integrity of the interview. The Union representative may not
interrupt the employee’s response to a question, speak on behalf of the
employee, or prevent the employee from responding to a question. The Union
representative also may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.
During the interview, the interviewer may insist that they are only interested in
hearing the employee’s own account of the matter under investigation at that
time. The interviewer may not prohibit the Union representative from engaging
in meaningful representation, including assisting and consulting with the
employee.
2. The interview session shall be a reasonable period of time, taking into
consideration the gravity and complexity of the misconduct being investigated.
3. Prior to conducting an administrative interview, the City/Department will
consider the necessity of interviewing a Unit Member who is impaired by
alcohol or drugs. If the City/Department deems an immediate administrative
interview is not necessary, it will/may be scheduled at a later time.
4. At the time of the scheduled interview by Professional Standards Bureau, a
Police Department Supervisor, or other City Employee, the investigator will
provide the unit member and / or their representative written notices of
investigation informing the officer of the alleged facts that are the basis
of the investigation and all relevant and readily available materials,
including complaints (except for complaints that are filed with the
employer and that include allegations of unlawful discrimination,
harassment or retaliation or complaints that involve matters under the
jurisdiction of the United States equal employment opportunity
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commission). Material format may include video, audio, reports,
photographs, documents, and other materials in accordance with A.R.S
§ 38-1104(A)(2) in effect during the term of this agreement. Upon the
request of either party, the parties shall meet and confer the impact of
any changes to the provisions of A.R.S § 38-1104(A)(2) during the term of
this agreement. All materials will be made available to the unit member and/or
their representative in the draft investigation prior to the investigative review
process (IRP).
For investigations related to critical incidents such as officer involved
shootings, in-custody deaths, and/or police contract that result in serious
physical injury or death, Body Worn Camera (BWC) video will be made
available to a unit member prior to their administrative (PSB) interview if the
unit member first completes the criminal interview process with criminal
investigators. The parties understand that there are inherent limitations to
BWCs and memory. They also recognize that the inability to review BWC
video can impact reporting accuracy.
During the course of the administrative investigation, the investigator will not
knowingly misrepresent any fact or material issue to the unit member.
Prior to interviewing an involved employee, an Internal Investigation Material
List form documenting what materials, the investigating supervisor or PSB
investigator provided to the involved employee will be completed.
5. A unit member under investigation, and the association, will be notified in
writing every 3 months as to the current status of the investigation. This will
include a brief description of the number of known witnesses still to be
interviewed and other investigative processes remaining to be completed, as
well as an estimated date of completion.
6. When a draft investigation is provided to a Unit member, it will contain an
explanation of the member’s right to review the investigation within the time
period provided in Ops Order 3.19 before signing the investigative review
control form.
7. If changes are made to an investigation after an IRP, the unit member and
representative will be provided with a revised draft of the investigation. The
unit member will have up to 5 business days to review the revised draft, and
may attach a rebuttal, before signing an IRC form.
8. If new information is added, outside what was discussed during the IRP, to the
draft investigation, the member reserves the right to have an additional IRP to
discuss the new information. The additional IRP will only be afforded to
specifically discuss the added information, not to revisit items already
discussed in the initial IRP. The additional IRP will be scheduled and
completed within 7 calendar days, unless mutually agreed upon in writing prior
to the deadline.
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9. As the certified bargaining unit for all unit 4 members, all finalized investigations
will be provided to the Association monthly.
C. A unit member has the right to present their own grievance, in person or by legal
counsel.
D. Unit members are entitled to representation if an overall "Not Met" performance
evaluation is appealed and is at the Executive Level (Assistant Chief or Chief) or
when management has more than one representative at the meeting to discuss
the appeal of the performance evaluation.
E.
1. A unit member covered hereunder shall, on their request and by appointment,
be permitted to examine their departmental or divisional personnel file, in the
presence of an appropriate supervisory official of the Department. The unit
member may be accompanied by another person of their choosing. When a
city directed work fitness/job performance medical evaluation process is
completed, the city agrees to give the city doctor a release to give the
information to the requesting employee.
2. No unit member shall have any adverse comments entered into their
departmental or divisional personnel file without the member being informed by
a supervisor. If the unit member requests, they may receive a copy of the
adverse comment.
3. A unit member may, at their discretion, attach rebuttal statements to any
material contained in their departmental or divisional personnel file which may
be adverse in nature.
4. Discipline older than 5 years from the date of issuance will not be considered
for progressive discipline or promotion/transfer purposes except for the
following types of discipline, which may be considered for the duration of
employment (and upon the employee's return to employment, if applicable):
Final sustained discipline of suspension or higher of the following;
• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees;
• The employee has solicited or taken for personal use a fee, gift or favor in
the course of the assigned work or in connection with it, which would lead
toward favoritism or the appearance of favoritism or a conflict of interest;
• The employee has intentionally falsified records or documents made, kept,
or maintained for or on behalf of the City of Phoenix;
• The employee has stolen or is in unauthorized possession of City property
or the property of another employee or citizen;
• The employee is under the influence of alcohol or illegal drugs on the job;
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• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies;
• The employee committed a violation of the City's Ethics Policy;
• The employee committed an act of dishonesty;
• The employee committed an act meeting the elements of a felony; or
• The employee has committed a Class 3 violation of use of force.
5. A Supervisory Counseling is a documented warning presented to the employee
for signature. The effective date for any applicable appeal will start from the
date that the employee signs the Counseling.
6. Once a unit member has been disciplined, no further disciplinary action may be
imposed for the same specific allegation during the same incident of
misconduct. If a unit member has received a coaching for the same incident, it
may be considered as a mitigating factor in the final determination of discipline.
A unit member may be subjected to additional discipline if further investigation
reveals additional allegations arising from the same incident.
F. A unit member and Association Representative shall have the right to appear
before the departmental Disciplinary Review Board when disciplinary matters are
brought before the Board involving the unit member.
1. The purpose of such appearance is to give the unit member an opportunity to
respond to the assertions made against them.
2. The Department shall notify the unit member 10 calendar days prior to such
opportunity to respond to the Board. The notification shall contain the date,
time, violation(s) and basis of each violation that has been sustained. In
addition, the unit member, if they choose, may meet with their immediate
supervisor along with the second level supervisor or the unit member’s
Bureau/Precinct Commander for the purpose of discussing the basis of each
violation to be reviewed by the DRB. If the immediate supervisor conducted the
investigation, the unit member, if they choose, may meet with the next
supervisor in their chain of command. Such request shall be made in writing to
the unit member’s immediate supervisor. Also, the unit member, if they choose,
may be accompanied by an Association representative at either meeting.
a. At the IRP meeting, the unit member shall be afforded a reasonable
opportunity to review the written investigation. Realizing that in some cases
there may be information that would be detrimental to the department’s
ability to conduct misconduct investigations, that information may be
deleted. However, all other information will be available for review.
3. The unit member under investigation may request a copy of the DRB
information at no cost. The DRB information will be made available to the unit
member or their representative at the same time the unit member is served
with the DRB notice. Any written or electronic material to be presented by the
employee or their representative to the DRB shall also be given to the
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department in a reasonable time. The information will be supplied electronically
if possible; if not, it will be supplied in written form. In addition, the department
will supply any audio/video tapes and computer graphics which have been
produced.
4. The unit member may, at their discretion, appear before the Board with an
Association representative of their choosing and may state the reasons why
the proposed action is unjustified. The unit member and their representative
may passively observe all presentations made to the board and all responses
made to questions by board members. The unit member and non-board
members will be excluded from the room during board deliberations.
5. The unit member may submit relevant written matter in support of their
position.
6. If the unit member requests, representation will be allowed, consistent with
Article 1, Section 1-4(B)(1) of this Memorandum, during Use Of Force Board
(UFB) hearings. A unit Association representative will be allowed to observe all
presentations made to the Board and all responses to questions by Board
members.
a. At least 10 days prior to the convening of the UFB the unit member will be
provided at no cost with a copy of all documentation concerning their
involvement in the matter under investigation that is made available to the
UFB Board members.
b. At the conclusion of the UFB, the Board Chair will verbally advise the unit
member and representative of policies violated that support the
recommendation. The unit member and representative will also be provided
a copy of the UFB recommendation submitted to the Chief within 3 business
days.
c. The Association has the right to meet with the Police Chief, or designee,
within 7 business days of the board’s decision, as scheduled by the Police
Chief’s office, to discuss an “out of policy” recommendation by the UFB
before a final decision is rendered.
7. A unit member will be provided written notice of a Loudermill hearing at least 5
working days before the scheduled hearing along with copies of all supporting
documentation. This is to ensure the member will have a meaningful
opportunity to prepare for the hearing. The unit member may submit written
information for the Chief’s consideration in advance of the hearing. At the
hearing, the unit member may present any information the member deems
relevant, including one character witness to provide a statement. The witness
will not read written statements submitted by others.
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a. The timeline for written notice of a Loudermill hearing resulting from an
arrest for a felony crime under color of authority will be at the discretion of
the Police Chief.
8. In recognition of the mutual benefit to both the city and the unit member,
suspensions MAY BE served under the following time limits, at the unit
member’s option. Unit members may serve suspensions of more than 40
hours on an alternating weekly schedule. The city retains the option to deviate
from this provision for suspensions involving sexual harassment, violence in
the work place, felonies, and drugs/alcohol.
G. A unit member under investigation by Professional Standards Bureau or a Police
Department supervisor for a disciplinary matter that may lead to a written
reprimand, suspension, demotion, or discharge, and who is interviewed or
interrogated, or requested to produce any documentation, shall be given a written
Notice Of Investigation (Form 80-58DB) informing them of the specific nature of
the investigation, their status in the investigation, and all known allegations of
misconduct involved in the interview of the unit member. In addition, the unit
member and/or the Police Department supervisor/Professional Standard Bureau
representative may mechanically record such interview/interrogation. Should any
mechanical recordings take place, the department reserves the right to transcribe
any such interview/interrogation for the purpose of verifying the accuracy of the
interview/interrogation and, if requested, the unit member shall sign the
transcription if it is accurate. In the event that the investigator intends to segment
the interview or the interrogation, the NOI will inform the member of the specific
nature and all known allegations pertaining to the portion or portions of the
investigation being covered by the segmented Notice of Investigation.
1. A copy of the signed and dated Notice of Investigation will be given to the unit
member prior to the beginning of the interview. The unit member shall have the
right to retain the NOI for their use throughout the entire course of the interview.
2. The unit member will be provided a copy of all the interview/interrogation in
digital media format.
3. If any unit member is told not to speak to anyone regarding an investigation,
this admonition does not apply to speaking with an attorney functioning within
the attorney-client relationship. In addition, if an accused unit member is told
not to speak to anyone regarding an investigation, this admonition does not
apply to speaking with an Association representative, who may discuss the
matter only with the grievance chairman/Association president or their
designated representative. Once the investigation is completed, any unit
member may speak with an Association representative regarding the incident.
When the investigation is completed, the accused unit member will be notified
in writing of the findings. A unit member under internal or administrative
investigation may be reassigned (may include reassignment to their home),
until the completion of the investigation.
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4. If during the course of the above mentioned investigation, information is learned
concerning additional misconduct on the part of the unit member being
interviewed, an NOI will be issued to the unit member prior to the unit member
being questioned about the additional misconduct information.
5. Investigations alleging serious misconduct and/or issues of veracity will be
investigated by Professional Standards Bureau (PSB) or other appropriate City
entity.
6. Notification regarding the general nature of a Professional Standards Bureau
(PSB) interview at the time of scheduling will be left at the discretion of the PSB
Commander.
7. If any additional NOI’s are served during the course of a misconduct interview
where a PLEA representative is not present (has not been requested), a break
in the interview of up to 1 hour will be granted (if requested) for the employee
to obtain a PLEA representative.
8. The unit member or the unit member’s representative may make a request to
the Chief, or their designee, in unusual circumstances such as a unit member’s
extended duty or hospitalization, to delay the PSB interview for up to 24 hours
after a critical incident.
9. A unit member will not be terminated for the sole reason of having been served
with an order of protection or injunction against harassment unless that court
order precludes the officer from performing their essential functions, including
but not limited to carrying a firearm; until appeal processes have been
exhausted.
H. It is understood by the parties that the benefits granted by this Article, shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the unit member’s work shift in pursuit of
benefits provided by this Article. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.
I. The affected employee attending any IRP, DRB, UFB, DAC, Grievance meeting,
Civil Service Appeal, or any other review board while off duty shall be allowed to
adjust their work schedule by an equal amount of time spent in the meeting. The
adjustment will require the approval of the unit member’s supervisor, with
operational considerations. Approval will not be unreasonably withheld.
J. After a separation notice has been signed by the appropriate authorities, and if the
unit member is given the opportunity to resign, the unit member will have 3 hours
to consult with an Association representative.
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K. A unit member who receives a written reprimand will be provided a copy of the
official documentation, if any, supporting the written reprimand at the time the unit
member receives the reprimand.
L. If the Driving Analysis Committee sends a case to the DRB for review, the unit
member will receive a copy of the facts supporting the DAC position upon request.
Prior to the DAC review, unless the unit member declines, an IRP will be completed
with the unit member’s commander.
M. In accordance with the terms outlined in Section 1-4.E.4, a unit member
seeking an "at request" transfer will only have discipline of a relevant nature
considered in the determination of the transfer using the following prescribed time
frames. The class will be determined by the finalized PSB investigation.
Written Reprimands: 12 months from date of NOI
Class I Discipline: 12 months from date of NOI
Class II Discipline: 18 months from date of NOI
Class III Discipline: 24 months from date of NOI
N. If an employee is not given their performance evaluation by the annual review date,
the employee may request the merit increase in writing by sending a memorandum
directly to the Human Resources Officer in the Fiscal Management Bureau. If the
performance evaluation is an overall “met,” the request will be processed within 21
calendar days of submittal and will be retroactive to the performance evaluation
annual review date.
O. Unit members will not be excluded from applying and/or competing in a transfer
process based solely on a pending investigation. The investigation is no longer
considered “pending” once the NOF has been served to the member. However,
the transfer process will not be delayed pending the conclusion of the related
investigation. If a unit member is passed over for transfer based on the pending
investigation, he/she may be eligible for the next available opening depending
upon the outcome of the investigation.
P. An association member, or the association at the request of the member, may
request the opportunity to discuss a good-of-the-department transfer decision with
the member's Division Commander. The Division Commander will make
him/herself available, but the transfer action will not be delayed based on this
provision. This provision does not apply to transfers made to adjust staffing levels,
reduce staff in a specific area or other similar operational need.
Q. A unit member or their representative may request the opportunity to discuss and
review a transfer that is the subject of a grievance with the Chief or their designee.
The Chief or their designee shall make themselves available to discuss, but the
transfer action will not be delayed based on this provision. The transfer action
could be delayed or reversed at the discretion of the Chief or their designee. (This
paragraph does not apply to at-request transfers or transfers based on a selection
process).
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R. If the City overpays a unit member for any reason, the money will be recovered at
the same rate at which it was paid unless total amount is less than $250.00, at
which the entire amount may be recovered in one lump sum.
S. Progressive Discipline time periods will be based on date of the NOI.
Section 1-5: Prohibition of Strike and Lockouts
A. The Association and the unit members covered by this Memorandum recognize
and agree that rendering of police services to the community cannot under any
circumstances or conditions be withheld, interrupted, or discontinued, and to do so
would endanger the health, safety and welfare of the citizens of the City of Phoenix.
B. The Association pledges to maintain unimpaired municipal services as directed by
the City. Neither the Association, nor any unit member, for any reason, will
authorize, institute, aid, condone or engage in a slowdown, work stoppage, strike,
or any other interference with the work and statutory functions and obligations of
the City or the Department. During the term of this Memorandum neither the City
nor its agents for any reason shall authorize, institute, aid or promote any lockout
of unit members covered by this Memorandum.
C. Should any unit member during the term of this Memorandum, and until such time
that it is expressly and legally rescinded, breach the obligations of Section 1-5B,
the City Manager or his designee shall immediately notify the Association that a
prohibited action is in progress.
D. The Association shall forthwith, through its executive officers and other authorized
representatives, disavow said strike or other prohibited action, and shall notify in
writing all Association members and representatives of their obligation and
responsibility for maintaining compliance with this Article, including their
responsibility to remain at work during any interruption which may be caused or
initiated by others. Copies of such notification shall be delivered to the office of the
City Manager. In addition, the Association shall order all unit members violating
this Article to immediately return to work and cease the strike or other prohibited
activity. Such order shall be delivered both orally and in writing to all unit members
violating this Article with copies of the written order to be delivered to the office of
the City Manager.
E. Penalties or sanctions the City may assess against a unit member who violates
this Section shall include, but not be limited to:
1. Discipline up to and including discharge.
2. Loss of all compensation and benefits, including seniority, during the period of
such prohibited activity.
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F. Should the Association during the term of this Memorandum and until such time
that it is expressly and legally rescinded, breach its obligations under this Section,
it is agreed that all penalties set forth in Chapter 2, Article XVII (Employer-
Employee Relations), Phoenix City Code, shall be imposed on the Association, in
addition to any other legal and administrative remedies available to the City that in
its discretion it may elect to pursue.
G. Nothing contained herein shall preclude the City from obtaining judicial restraint or
from seeking damages from the Association, in the event of a violation of this
Section.
ARTICLE 2: Grievance/Arbitration/Labor Management
Section 2-1: Grievance Procedure
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.
A. Informal Resolution
1. As a matter of good labor-management relations, unit members who believe
that they have a bona fide grievance will discuss and attempt to resolve it with
the appropriate lowest level of supervision.
2. If the above informal discussion is held and does not resolve the grievance, the
unit member may file a formal grievance in accordance with the following
procedure.
B. Definition of Grievance
1. A grievance is a written allegation by a unit member, submitted as herein
specified, claiming violation(s) regarding the specific express terms of this
Memorandum for which there is no other specific and formal method of review.
However, disputes specifically excluded in other Articles of this Agreement from
the Grievance and Arbitration procedure shall not be construed as within the
definition set forth above and shall not be handled in accordance with this
procedure. It is agreed that such excluded disputes are not grievable or
arbitrable under the terms of this Article or under this contract.
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2. The City continues to retain the format used for grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall
be null and void, and will not be processed in accordance with this procedure.
4. The City is not under any obligation to accept grievances where the City
Manager has previously decided on the same fact pattern.
C. Procedure
All grievances covered by this Article shall be handled exclusively in the following
manner:
A grievance must be reduced to writing, citing the specific Article and Section of
this Memorandum alleged to have been violated.
1. Step 1
The unit member shall reduce the grievance to writing by signing and
completing the grievance form provided by the City and submit it to the
Commander/Administrator, or designee, within 14 calendar days of the initial
commencement of the occurrence being grieved.
The Commander/Administrator, or designee, may investigate, further consider,
and discuss the grievance with the grievant and the grievant's representative,
if any, as deemed appropriate, and shall, within 14 calendar days of having
received the written grievance, submit a response thereto in writing to the
grievant. The parties by written mutual agreement may move the grievance to
Step 2 of the grievance procedure.
2. Step 2
If the written response of the Step 1 does not result in a resolution of the
grievance, the grievant may appeal the grievance by signing and completing
the City form and presenting it to the division head, or designee within 14
calendar days of the grievant's receipt of the Step 1 response.
The division head, or designee, may further consider and discuss the grievance
with the grievant and the grievant's representative, if any, as deemed
appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. The parties by
written agreement may move the grievance to Step 3 of the grievance
procedure.
3. Step 2.5
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After the Step 2 response, but prior to review by the Grievance Committee, the
parties involved may mutually agree to submit the grievance to Labor Relations.
The grievance, as originally written and Step 1 and Step 2 responses, must be
submitted to Labor Relations within 14 calendar days of receipt of the Step 2
response. Labor Relations shall, within 14 calendar days of the receipt of the
grievance, meet with the department head, or designee, and the grievant and
the grievant's representative, if any, in an attempt to resolve the grievance.
Labor Relations shall then submit a written response to all parties within 14
calendar days of the meeting.
4. Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
a resolution of the grievance, the grievant may, within 14 calendar days of
the Step 2 response, appeal the grievance by signing and completing the
City form and presenting it to Labor Relations. A Grievance Committee
hearing will be scheduled at which the grievant shall be afforded the
opportunity to fully present his position and to be represented.
The Grievance Committee shall be composed of:
Chairman – A member of the City Manager’s Office designated by the
City Manager.
Member – A City department head on a rotating schedule.
Member – The President of another union, other than the Grievant’s,
representing employees with the City of Phoenix.
The Grievance Committee shall submit findings and advisory
recommendation(s) to the City Manager. The City Manager shall make the
final determination of the grievance and submit it in writing to the grievant
and his designated representative.
b. If the grievant so elects in writing within the above time limit, in lieu of such
hearing the grievance may be reviewed by an arbitrator. The parties, or
their designated representatives, shall agree on an arbitrator, and if they
are unable to agree on an arbitrator within a reasonable time, either party
may request the Federal Mediation and Conciliation Service to submit to
them a list of 7 arbitrators who have had experience in the public sector.
The parties shall, within 7 calendar days of the receipt of said list, select the
arbitrator by alternately striking names from said list until one name
remains. Such person shall then become the arbitrator. The arbitrator so
selected shall hold a hearing as expeditiously as possible at a time and
place convenient to the parties, and shall be bound by the following:
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i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering
any issue properly before him/her.
ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other
issue not so submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City law.
iv. The cost of the arbitrator and any other mutually incurred costs shall be
borne equally by the parties.
The arbitrator shall submit findings and advisory recommendations to the
City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and his designated
representative.
D. Time Limits
Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and
failure of the grievant to comply with said time limits shall constitute abandonment
of the grievance; except however, that the parties may extend time limits by mutual
written agreement in advance of the deadline.
E. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City
of the rights accorded to the Union by the specific terms of Article 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.
F. Group Grievance
When more than one unit member claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially
the same time and out of the same circumstances, a single group grievance may
be filed in the name of all such members. Such group grievances shall be filed at
the Step of this Procedure which provides the lowest level of common supervision
having authority over all named Grievants. Each unit member that is a party
Grievant must be named in such group grievance.
G. Employer Grievances
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Should they occur as a result of official Union activities or actions, including the
failure to act as required under the terms of this Memorandum, employer
grievances will be presented directly to the Union president or any officer of the
Union within 14 days of the occurrence prompting the grievance. The president,
or designee, shall in each case provide a written answer within 14 days from
receipt of the grievance. Unresolved employer grievances may be submitted to
arbitration pursuant to Step 3 so long as the City pays the cost of the arbitrator.
Section 2-2: Labor-Management Committee
A. There shall be a Labor-Management Committee consisting of up to 6
representatives of the Association and up to 6 representatives of the Department
and City. The purpose of the Committee is to facilitate improved Labor-
Management relationships by providing an informal forum for the free exchange of
views and discussions of mutual concerns and problems as distinguished from
meeting and conferring.
B. The Committee shall meet as needed by union request, quarterly at mutually
scheduled times. Parties may mutually agree to meet more frequently.
C. The City’s Labor Relations Administrator or his designee shall be the Chairman.
The members shall, in advance of a meeting, provide the meeting’s Chairman with
proposed agenda items, and the Chairman shall provide the members with the
meeting agenda in advance of the meeting.
D. Representatives of the Association on the Committee who are unit members shall
not lose pay or benefits for meetings mutually scheduled during their duty time up
to a maximum of 3 hours per unit member per meeting.
E. It is understood by the parties that the benefits granted by this Section shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the unit member’s work shift in pursuit of
benefits provided by this Section. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.
F. For a unit member whose regular shift is other than Shift 1, there will be flexibility
in changing his normal work hours for the purposes of attending official Labor-
Management meetings called by or with the concurrence of City management or
the Police Chief or designee.
Section 2-3: Resolving General Complaints
In the spirit of continually developing good labor-management relations all parties
are encouraged to address general complaints at the lowest level of
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management in attempt to seek resolution before escalating issues up the chain
of command.
ARTICLE 3: Compensation/Wages
Section 3-1: Wages
A. The economic value of ongoing total compensation increases will equal 4.5%.
This will be paid as follow:
1. A 2.16% base wage increase effective the first full pay period in July 2023.
2. An increase for night shift differential pay effective the first full pay period
in July 2023 (See Section 3-11).
3. An increase for weekend shift differential pay effective the first full pay
period in July 2023 (See Section 3-11).
4. Increases for stand-by pay effective the first full pay period in July 2023
(See Section 3-12).
5. Qualified/Certified Drug Recognition Expert Pay effective the first full pay
period in July 2023 (See Section 3-18).
6. Qualified/Certified Phlebotomists Pay effective the first full pay period in
July 2023 (See Section 3-19).
B. Additionally, Unit 4 employees will receive a non-continuous payment equal
to the economic value of 5.0% of their base wage to be paid out on the first
full pay period in August of 2023.
C. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Pilot in Command, shall be placed at step one
of Police Officer*Pilot, Job Code 62211, in the pay schedule outlined in Attachment
C.
D. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Rescue Qualified Pilot or PC12 Qualified Pilot,
shall be placed at step one for Police Officer*Rescue Pilot, Job Code 62212, in the
pay schedule outlined in Attachment C.
E. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Unit Certified Flight Instructor, shall be placed
at step one of Police Officer*Flight Instr, Job Code 62213, in the pay schedule
outlined in Attachment C.
F. A unit member assigned to the Air Support Unit, and who has achieved and
maintained the qualification level of Chief Pilot, shall be placed at step one of Police
Officer*Chief Pilot, Job Code 62214, in the pay schedule outlined in Attachment C.
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G. Unit members assigned to one of the four described Air Support assignments may
only qualify for and receive pay for one pay step at a time. Example: A unit member
qualified as a Unit Certified Flight Instructor and receiving pay at pay step one of
Job Code 62213 shall not receive the premium pay for any other pay step the unit
member may also qualify for.
H. Unit members designated as Team Leaders on SAU squads will receive an
additional 5% base hourly rate of pay while assigned to this position.
I. It is understood that for implementation purposes, the practice of rounding of
fractional cents shall be done in accordance with accepted mathematical and
accounting principles.
J. When a conflict arises between the Pay Schedule attached hereto as Appendices
and the Pay Ordinance due to mathematical, typographical, or printing error, the
Pay Ordinance shall be the controlling authority.
K. It is the intent of the parties to permanently move the effective date of any wage
increase to the start of the first pay period in July.
Section 3-2: Productivity Enhancement Pay
In recognition of dedicated public service and overall performance, the City agrees to
implement the following Productivity Enhancement Pay formula for unit members:
A. Pay Benefit:
1. In December 2023, and June 2024, a unit employee who has completed at
least 7 years of continuous full-time service and who meets the additional
qualifications specified in this Article shall receive $80, pro-rated and included
each pay period in the qualifying unit member’s regular pay check, for each full
year of continuous full-time service in excess of 6 years, up to a semi-annual
maximum of $1,040, annual maximum of $2,080 at 20 years.
2. In December 2023, and June 2024, a unit employee at 20 years and one day
of continuous full-time service shall receive $125, pro-rated and included each
pay period in the qualifying unit member’s regular pay check, for each full year
of continuous service in excess of 6 years, up to a semi-annual maximum of
$2,000, annual maximum of $4,000 at 22 years or more.
B. Qualifications:
1. A unit member must have completed at least 1 year of continuous full-time
service at the top step in his classification. Employees in step 8 as of July 8,
2002 will receive Productivity Enhancement Pay when they reach one year at
step 8 and maintain their Productivity Enhancement Pay eligibility when they
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move to step 9. Employees in step 7 or below as of July 8, 2002 will be required
to complete one year at step 9 to be eligible for Productivity Enhancement Pay.
2. Effective July 1, 1999, a unit member must have completed 7 years of
continuous full-time service. A unit member who has continuous, full time City
service in another classification(s) may apply that time to the 7 year
requirement.
3. A unit member must have achieved the overall performance rating of meets
standards or better on his latest scheduled performance evaluation on file in
the Human Resources Department.
4. A unit member who receives a less than meets standards rating may appeal
that rating by memo through his chain of command to the Police Chief. A unit
member’s eligibility shall be reinstated once the unit member receives a
scheduled or unscheduled performance rating that meets standards.
5. A unit member must be on full-time active status. A unit member on industrial
leave shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the unit member returns to active employment.
C. Terms of Payment:
1. The City will make adjustments to an employee’s Productivity Enhancement
payment within 30 days of the qualifying date.
Section 3-3: Training Pay
A. Master Field Training Officers (FTOs) whom the department selects to conduct
department-approved officer field training; will receive an additional 5% of their
base hourly rate of pay for every day they are assigned to an officially authorized
field training position.
B. Field Training Officers who train in place or unit member assigned to train an O.I.T.
in traffic/DUI enforcement will receive 5% base hourly rate of pay for every day the
unit member actually trains.
C. Unit members assigned to the Canine Unit, who have achieved and maintain the
qualifications for the position of Canine Unit Trainer, will receive an additional 5%
of their base hourly rate of pay for every day they are assigned to an officially
authorized Canine Unit Trainer Position. The following is a list of requirements to
receive payment as a Canine Unit Trainer:
1. The unit member must be, or be designated by the Department to become,
certified by an outside association to train police service dogs. The certifications
include patrol, narcotics detection and/or explosive detection.
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2. Training being provided must include basic level training for canines and
handlers assigned to the unit. This section is not meant to include a canine
handler training only his or her assigned canine; it is meant for those who
provide basic and in service training to other canine teams in the unit.
3. An officially authorized Canine Unit Trainer Position must include responsibility
for proper written evaluation of each canine and handler being trained.
D. Detectives whom the department selects to conduct department-approved new
Detective training; will receive an additional 5% of their base rate of pay for every
day the Detective is training.
Section 3-4: Compensation for Interpreting and Translation by Sworn Police
Officers
A. Purpose
1. This regulation is written to provide guidelines for adjusting the compensation
of sworn police officers who are authorized and required by a sworn police
supervisor to utilize a language other than English, including sign language, to
conduct an official Police Department function or activity.
2. This compensation shall be for police-related functions or activities in which the
unit member is called upon to interpret in addition to their normal assigned
duties.
B. Payment Authorization
Compensation provided for by this regulation shall be given only when approved
by a sworn police supervisor prior to the actual interpretation or translation.
C. Performance Activities Approved for Special Compensation
1. Verbal interpretation, in excess of 7 consecutive minutes per occurrence, while
conducting any assigned formal police function or activity.
2. Written translation, in excess of 7 consecutive minutes per occurrence, while
conducting any assigned formal police function or activity.
3. Signing interpretation and translation, in excess of 7 consecutive minutes per
occurrence, while conducting any assigned formal police function or activity.
D. Compensation
A unit member who meets linguistic skills qualifications, as determined by a
management review panel, or in the case of sign language determined by
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presenting certification recognized by the Arizona Commission for the Deaf and
Hard of Hearing (ACDHH), shall be paid a premium of $10.00 per hour calculated
to the nearest 1/4 hour, in addition to his base hourly rate, for each hour he is
engaged in assigned and authorized interpretation, translation, or signing
activities.
Consistent with Section 5-10, 3 of this Memorandum and A.R. 2.51, employees
are eligible to use the seminar and professional membership portion of their
reimbursement benefit for the ACDHH certification.
E. Supervisory Authorization
Authorization must be provided by a sworn police supervisor in each case. Written
notification which includes a listing of the specific time periods for which the
premium payment is sought along with signatures of the unit member and the
appropriate supervisor should be forwarded to the Police Department’s Fiscal
Management Bureau before the end of the pay period in which the additional duty
occurred.
Section 3-5: Overtime
A. Overtime is defined as time assigned and worked beyond the regularly scheduled
40 hour work week or 8 hour work shift, or 10 hour work shift if a 4 day work week
is implemented. Duly authorized paid leave shall be considered as time worked for
purposes of the regularly scheduled work week. This provision shall not apply to
unpaid leave.
B. Overtime shall be worked and shall be allowed if assigned by the Police Chief or
his designees.
C. Overtime work will be compensated in either cash or compensation time at 1-1/2
times the regular rate of pay after the first 7 minutes assigned and worked beyond
the end of the unit member’s regularly scheduled shift, calculated to the nearest
1/4 hour.
D. A unit member may, subject to approval of his non-unit supervisor based on
considerations of departmental scheduling and operations factors, request to use
overtime as compensatory time subject to the limitation of 300 hours on the
accumulation of compensatory time. Use of compensatory time shall be subject to
advance approval of the non-unit supervisor. If a unit member submits overtime
requests that are in excess of 300 hours, he will be paid the difference.
E. Unit members may contribute accrued compensatory time to other employees in
accordance with City policy governing contributions of leave for serious illness of
an employee or their immediate family member.
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F. A unit member may be paid for accumulated compensatory time by submitting a
memorandum to the Fiscal Bureau requesting payment for any portion of the
compensatory time. This may be done at any time upon the unit member’s request,
and such payment will be made in the pay period following receipt of the
memorandum by the Fiscal Bureau.
G. At the direction of the immediate supervisor in each case, a unit member shall be
entitled to overtime in accordance with Article 3, Section 3-6 hereof, while he is
being evaluated by the authorized and designated City physician for return to work
at times he is not scheduled to be on duty nor is on paid leave or disability benefit
status, based on actual check-in and check-out time recorded by Health Center
staff. This time shall not qualify for the guaranteed minimum overtime provision
contained in Section 3-8, but shall be compensated at a minimum of 1 hour at 1-
1/2. No unit member shall be compensated for other than the supervisor directed
evaluation(s) by the City physician for return to work.
H. After 4 consecutive hours of overtime, a unit member shall be entitled to a paid
meal break of 1/2 hour, but in no event shall a unit member be entitled to more
than one such meal break for every 8 consecutive hours of overtime.
For a unit member participating in the 4/10 schedule, this provision shall mean that
before a unit member is entitled to a second 1/2 hour paid meal break, he shall
have worked on an overtime basis for a minimum of 4 hours beyond the end of his
regularly scheduled 10 hour work shift.
I. If work demands preclude a unit member from taking a meal period, the unit
member will be paid an additional 30 minutes at the straight time rate. This benefit
shall apply only if the interruption occurs during the first 30 minutes of the meal
period.
J. When a unit member is off duty and is contacted by telephone by his supervisor
because of the unit member’s official duties, for purposes other than call-out, or a
supervisor approves of the making or receiving of the call, the unit member will be
paid a minimum of 15 minutes at time and one-half his regular rate of pay when
any combination of calls equals 7 minutes or more. If the call extends past this
minimum, the overtime will be calculated to the nearest 1/4 hour. He will not receive
overtime for additional duty-related calls received during this compensation period.
K. A unit member on industrial leave and assigned to his home will be considered to
have the same duty hours and N-days, up to a 7 calendar day period, as the squad
he was on when the injury/illness occurred. After the 7 days, he may be reassigned
to new duty hours and/or N-days.
L. A unit member who scheduled a leave day 30 calendar days in advance through
his immediate non-unit supervisor in accordance with departmental policy and who
subsequently is placed on court stand-by, or is required to appear in court will, by
his choice, receive overtime pay in accordance with this Section and Section 3-7
and/or Section 3-8, in addition to the leave day.
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M. A unit member who scheduled a leave day but failed to do so within 30 calendar
days in advance, and who is placed on stand-by or called to court, will receive
overtime pay in accordance with this Article and Section 3-7. However, the number
of leave hours taken will be reduced by the number of overtime hours paid. Court
stand-by hours do not apply to this provision.
Section 3-6: Court Time Overtime
A. When court time constitutes overtime, a unit member shall be entitled to overtime
compensation/minimum call-out pay consistent with Section 3-8 of this
Memorandum.
1. Court time overtime shall be continuous time compensated consistent with
Section 3-6, subsection C.
2. No cost parking will be provided for unit members who are called to testify or
appear at any City of Phoenix Municipal Court facility for any official police
department business, whether on or off-duty.
3. If performed virtual, the unit employee must report to a Phoenix Police facility
to be eligible for Court Time Overtime. If performed at a location of the unit
employee’s discretion, other than a work location, the unit member will be paid
a minimum of 15 minutes at time and one-half his regular rate of pay when any
combination of calls equals 7 minutes or more. If the call extends past this
minimum, the overtime will be calculated to the nearest 1/4 hour. The unit
employee will not receive overtime for additional duty-related calls received
during this compensation period.
B. For purposes of this Article the term Court shall be defined as including Federal
District Court; Superior Court, State of Arizona; City Court, City of Phoenix, State
of Arizona; Municipal Courts in Maricopa County; Justice Court; Federal, State,
County Grand Juries; Motor Vehicle Department hearings, and Prosecutorial and
Defense interviews. It is understood that this Article shall not apply to
administrative hearings including but not limited to arbitration hearings pursuant to
the MOU, Civil Service Board hearings, PERB hearings, and hearings pursuant to
the A.R. 2.61 grievance procedure.
C. After a unit member verifies his need to appear in court to testify concerning the
performance of his official duties at a time other than his regularly scheduled tour
of duty, and he is notified less than 12 hours in advance of the scheduled
appearance time that he need not appear, the unit member will receive 2 hours of
pay at 1-1/2 times his base hourly rate of pay.
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Section 3-7: Call-Out Pay
A. A unit member called back because of his own negligence, whether in the proper
care and use of City equipment, or for his failure to complete official reports prior
to securing for the day, shall be paid for such call- back consistent with Section 3-
6, subsection C, provided, however, the unit member shall not be eligible for the 3
hour guaranteed minimum pursuant to this Article. If a claim of negligence is
disputed, it may become subject to the grievance procedure herein.
B. Anytime that a unit member is called back after leaving City facilities at a time other
than his regularly assigned shift, the unit member will receive a minimum of 3 hours
pay at time and one-half the unit member’s base pay calculated to the nearest 1/4
hour, except that a unit member shall not be eligible for additional compensation
during that three hour period.
Compensation to a unit member who is called out at times other than his regularly
scheduled shift will begin at the time the unit member is notified. The compensation
will continue up to 30 minutes beyond the completion of the duties for which the
unit member was called out, or until the member returns to his residence,
whichever is first. Where applicable, the travel time shall be paid only if the total
work and allowed travel time exceed the minimum call out guarantee. Travel time
shall not apply when a unit member is working overtime planned in advance.
C. A unit member beginning an overtime period within 3 hours or less prior to the
regularly scheduled duty reporting time, will be compensated from the time the
overtime period begins to the time he is scheduled to report for duty except that a
unit member shall not be eligible for additional compensation during that period.
D. Holdover time, i.e., being held over on shift (no break in duty exceeding 15
minutes) will be compensated for actual time spent in accordance with Section 3-
6, subsection C.
Section 3-8: Out-of-Rank Pay
A. A unit member who is temporarily required to serve in a regular authorized position
in a supervisory classification, (e.g., sergeant), shall be compensated at the higher
rate of pay in accordance with the following:
B. To be eligible for the additional compensation, the unit member must first
accumulate 10 regular working shifts of assignment in the higher rank within any
12 month period; satisfactory performance during a previous appointment to the
higher rank will be credited to the qualifying period. The days of out-of-rank
assignment need not necessarily be consecutive. Once this qualification is
satisfied, no additional re-qualification will be required. All shifts worked beyond
the 10th shift in the supervisory classification will be subject to the higher rate of
pay.
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C. Temporary assignments out-of-rank shall be recorded only in full shift units. A unit
member working out-of-rank for less than 1 full shift will not be credited with
working out-of-rank service time.
D. To qualify for out-of-rank pay, a unit member must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-rank pay
is not authorized, for example, if the organization of a work unit is such that each
unit member carries on his normal duties during the temporary absence of a
supervisor, without a need for the direction which the supervisor would provide on
a longer term basis.
E. Time worked in a higher rank shall not earn credits toward the completion of
probationary requirements in the higher rank.
F. A unit member who has qualified under these provisions shall be compensated at
the minimum rate established for the higher rank for all shifts worked beyond the
10th shift served in the higher rank. In the event of overlapping salary ranges, a
one-step differential shall be paid for out-of-rank assignments. The higher rate of
pay shall be used in computing overtime when authorized overtime is served in
out-of-rank work assignments; the overtime rate shall be the rate established by
the overtime regulations that apply to the higher rank.
Section 3-9: Sick Leave Conversion at Retirement
Effective at the beginning of the first pay period in July, 1992, the following benefits shall
apply:
A. Definitions:
1. Qualifying hours - the minimum number of accrued and unused sick leave
credits existing on the last day of service prior to retirement, which are
necessary before a unit member can participate in the benefit program.
2. Base number of hours or base hours - the number of hours of accrued and
unused sick leave credits which are uncompensated under this Article and
above which the City will compensate the unit member.
3. Base hourly wage - the base hourly rate of pay being paid at the time of
retirement to the retiring unit member who qualifies for participation in this
benefit program.
B. Benefit and Eligibility:
1. A member that has between 1 – 899 hours of sick leave remaining in their
sick leave bank at the time of retirement, shall be eligible for payment of
100% their base wage for 50% of their hours accrued.
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2. A member who has accumulated a minimum of 900 – 1,285 hours of
unused sick leave at the time of retirement, shall be eligible for payment
of 100% their base hourly rate for 65% of their remaining sick hours.
3. A member who has accumulated a minimum of 1,286 – 1,713 hours of
unused sick leave at the time of retirement, shall be eligible for payment
of 100% their base wage for 80% of their remaining sick hours.
4. A member who has accumulated a minimum of 1,714 hours of unused
sick leave at the time of retirement, shall be eligible for payment of 100%
their base wage for 100% of their remaining sick hours.
5. A unit member who has accrued 1,286 hours or more of unused sick leave may
elect to have 150 hours of sick leave paid out at the member’s hourly rate in
one lump sum. A unit member may only elect to exercise this benefit 3 times in
their career, and not more than 1 time in a fiscal year. Eligible employees may
elect to buy back their hours between July 1 and the last pay period in January
each fiscal year.
6. The payments described in numbers 1 through 5 above are not considered
Final Average Salary for purposes of pension calculations.
C. Administration:
1. At the time of retirement, the City’s Employee Benefits Division, or such other
individual or agency as the City may designate, shall determine the unit
member’s eligibility and the amount of unused sick leave to be compensated.
2. The unit member shall verify in writing the computations of the Employee
Benefits Division.
3. In the event a unit member’s eligibility for participation or the amount of
compensation is disputed, then the dispute shall be submitted to the City
Auditor for binding resolution.
Section 3-10: Sick Leave Payout
All accumulated sick leave hours on the city's official file at the time of the member's death
will be paid. Payment will be based upon the member's base hourly rate at the time of
death.
Section 3-11: Night Shift Differential/Weekend Shift Differential
A. A unit member shall receive $2.00 per hour in addition to his base hourly rate of
pay when working a night shift or any portions of a night shift which ends at or after
10:00 PM.
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B. A unit member shall receive night shift pay differential only for hours scheduled
and worked, and not while on paid leave time.
C. A unit member who is called out and works between the hours of 10:00 PM and
6:00 AM will be paid night shift differential for all hours worked at the rate specified
in this Article. If a unit member was called out while on a stand-by status, he will
not receive night shift differential.
D. A unit member shall receive $1.00 per hour in addition to his base hourly rate of
pay and any other shift differential or any other premium pay he may be receiving
for working a weekend shift. A designated weekend shift is defined as any shift
that starts on or after 2:00 PM on Friday, and continuing through any shift that
starts on or before, but not after 11:59 PM on Sunday.
1. A unit member shall receive weekend shift pay differential only for hours
scheduled and worked, and not while on paid leave.
2. A unit member who is called out and works between 2:00 PM on Friday and
11:59 PM on Sunday will be paid weekend shift differential for all hours worked
at the rate specified in this Article. If a unit member was called out while on
stand-by status, he will not receive weekend shift differential.
Section 3-12: Stand-By Pay
A. When a unit member is required and assigned to be available for immediate
emergency call-out at times that they are not otherwise on duty and the unit
member complies with departmental regulations incident thereto, the unit
member shall be compensated as follows: $100.00 on the unit member’s non-
work day and $80.00 on a workday.
B. When management determines it is necessary to provide call-out service, stand-
by assignments will be maintained by any detail in the department.
Section 3-13: Court Time Standby Pay
A. When a unit member receives a subpoena or other notice requiring him to stand-
by to appear in court to testify concerning the performance of his official duties at
a time other than his regularly scheduled tour of duty, and he was not notified 12
hours or more in advance of the court appearance that he need not stand-by, he
shall be entitled to a minimum of 2 hours of pay at 1-1/2 times his base hourly rate
of pay for court dockets scheduled before 1200 hours, and an additional minimum
of 2 hours of pay at 1-1/2 times his base hourly rate of pay for court dockets
scheduled after 1200 hours, for each day the subject court proceeding is in session
and the Unit member is subject to call, providing the provisions of subsection B
hereof are satisfied. If a unit member is required to remain on stand-by after 1200
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hours, the unit member shall receive an additional 1 hour of pay at 1-1/2 times his
base hourly rate of pay.
If call-out occurs before the expiration of stand-by pay, then stand-by status shall
continue until the occurrence of either (a) the expiration of stand-by pay; or (b)
arrival at the duty location or participation in virtual appearance begin. Call-out pay
and stand-by pay shall not be permitted to overlap resulting in the compounding of
compensation.
B. If a unit member fails to exercise his responsibility to contact the appropriate
representative of the court or a party 16 hours or less before the time indicated on
the subpoena to determine the continued need for him to stand-by, he is not eligible
for any stand-by pay.
C. For the purpose of this Memorandum, subpoena refers to a subpoena duly issued
by a court or the Arizona Motor Vehicle Department.
D. For purposes of this Article the term Court shall be defined as including Federal
District Court; Superior Court, State of Arizona; City Court, City of Phoenix, State
of Arizona; Municipal Courts in Maricopa County; Justice Court; Federal, State,
County Grand Juries; Motor Vehicle Department hearings; Mental Health Court;
and Prosecutorial and Defense interviews. It is understood that this Article shall
not apply to administrative hearings including but not limited to arbitration hearings
pursuant to the MOU, Civil Service Board hearings, PERB hearings, and hearings
pursuant to the A.R. 2.61 grievance procedure.
Section 3-14: Off-Duty Employment
A. The Department agrees to maintain a list of unit members who are interested in
off-duty work for use in making job referrals, provided the unit member has
received prior approval to engage in off-duty employment from the immediate
supervisor.
B. Off-duty employment shall be governed by the rules and regulations of the Phoenix
Police Department. Should the Department contemplate any changes in these
rules and regulations during the term of this Memorandum, it shall meet and
consult with the Association on such changes in the Labor-Management
Committee prior to implementation.
C. The Police Chief agrees to eliminate the limitation of the number of off-duty work
hours permitted. However, the Department reserves the right to take appropriate
action in the event that a unit member’s wellness, welfare, or performance is
adversely affected.
D. A unit member who works off duty in a police function for a City-sponsored event
or project, and is paid through City payroll, will be compensated at time and one-
half his regular rate of pay for all time worked.
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Section 3-15: Jury Duty
When a unit member is called upon to serve as a juror in any court action, he will be
allowed leave from his duties without loss of pay for the time required for his service.
Section 3-16: Deferred Compensation and Defined Contribution Plans
A. The City’s contribution to DCP will continue at 2.56%.
B. At the employee’s separation, for either retirement or exiting the Deferred
Retirement Options Program, the employee’s sick leave payout amounts will be
automatically contributed into the City’s 401(a) plan. Any excess amount over the
Internal Revenue Code 401(a) plan contribution maximum limits will be
automatically contributed into the City’s 457(b) plan. Any portion of the excess
amount that cannot be contributed to the 457(b) plan because of Internal Revenue
Code 457(b) plan contribution maximum limits will be paid as taxable income. The
401(a) Plan document as approved by the Deferred Compensation Board will be
the governing document.
C. After the City receives official Internal Revenue Service approval and a private
letter ruling regarding the City’s 401(a) plan, the parties agree to schedule a
meeting to discuss a possible change in the distribution of the current benefit
between the 457(b) and 401(a) plans. Any agreement will be conditional on
Deferred Compensation Board approval.
Section 3-17: Non-Direct Payment of Compensation or Benefits
Various sections of this Memorandum contain a form of compensation, wages, or benefits
that have been negotiated in good faith and may or may not provide a direct payment of
wages or other benefit to each member. Those forms of compensation, wages, or
benefits that do not provide a direct payment to each unit member have been negotiated
in place of a direct payment and costed as part of the overall economic package.
Examples include: life insurance, long term disability insurance, leave payouts, etc.
Section 3-18: Drug Recognition Expert Premium Pay
Department qualified/certified Drug Recognition Experts (DRE) who are current in
all training and requirements set forth in police, and have completed all necessary
training, shall be paid a premium of $15.00 per hour, calculated to the nearest ¼
hour, in addition to their base hourly rate, for each hour they are engaged in DRE
activities.
Section 3-19: Phlebotomist Premium Pay
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Department qualified/certified phlebotomists who are current in all training and
requirements set forth in police, and have completed all necessary training, shall
be paid a premium of $15.00 per hour, calculated to the nearest ¼ hour, in addition
to their base hourly rate, for each hour they are engaged in phlebotomy activities.
ARTICLE 4: Hours of Work/Working Conditions
Section 4-1: Work Schedules
A. The regular duty hours for a unit member shall be 5 consecutive shifts of 8 hours
in a 7 calendar day work week. These 5 consecutive shifts will be preceded and
followed by 2 “N” days. If, by reason of transfer, a unit member’s “N” days are
changed, the provisions of this section pertaining to “N” days shall not apply. The
8 duty hours per shift shall be consecutive and may include any “briefing time” and
shall include a meal period of 30 minutes. When work demands permit, with a
supervisor’s approval, a unit member may combine this 30 minute meal period with
one of his 15 minute rest periods described under Subsection D of this Article to
achieve a 45 minute meal period. This shall also apply to a unit member working
a 4/10 schedule. At times, the department may have operational needs which
necessitate a change in current work schedules. The department shall give a unit
member a minimum 7 day advance written notice when his “N” days or hours will
be changed. If this (7 day written notice is not given, and there is no operational
need for not providing the notice, the “N” days or hours change will be rescheduled
to allow for a 7 day notice period.
B. If a 10 hour, 4 day work week is implemented; the regular duty hours for an affected
unit member shall be 4 consecutive shifts of 10 hours in a 7 calendar day work
week. These 4 consecutive shifts will be preceded and followed by 3 “N” days. If,
by reason of transfer, a unit member’s “N” days are changed, the provisions of this
Subsection pertaining to “N” days shall not apply. The 10 duty hours per shift shall
be consecutive and may include any “briefing time” and shall include a meal period
of 30 minutes. At times, the department may have operational needs which
necessitate a change in current work schedules. The department shall give a unit
member a minimum 7 day advance written notice when his “N” days or hours will
be changed. If this 7 day written notice is not given, and there is no operational
need for not providing the notice, the “N” days or hours change will be rescheduled
to allow for a 7 day notice period.
C. All unit four members assigned to patrol squads with beat responsibility only will
work the work schedule defined in subsection B of this section (4/10’s) through
June 30, 2024.
D. If a unit member’s normal duty hours are changed with less than 7 days’ notice,
then the unit member is entitled to premium pay.
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If a unit member’s normal “N” days are changed, then the unit member is entitled
to premium pay.
"Premium Pay" is calculated as follows:
• For a unit member assigned to a 5/8’s schedule:
• A change in normal duty hours: 2 hours at their base hourly rate of
pay.
• One “N” day change: 4 hours at their regular rate of pay.
• Two “N” days changed: 20 hours at their regular rate of pay.
• For a unit member assigned to a 4/10’s schedule:
• A change in normal duty hours: 2.5 hours at their base hourly rate of
pay.
• One “N” day change: 5 hours at their regular rate of pay.
• Two “N” days changed: 10 hours at their regular rate of pay.
• Three “N” days changed: 20 hours at their regular rate of pay.
Subject to the discretion of the Chief, or designee, official mobilization as defined
in Operations Order 9.1 is exempt from this section.
A unit member, who requests a change in work schedules, will not receive
premium pay since the request is not a department directed change.
This section does not apply to the 30 hour or more block of annual module training.
A unit member is not eligible to receive both premium pay and overtime for the
same hours.
E. When used in the context of this Article, “Operational Needs” will be defined as:
Service demands or other required actions performed to accomplish the mission
of the department. These actions may be routine (anticipated) or emergency
(unanticipated). For routine operational actions, a seven-day written notice will be
given to change schedules. For emergency operational actions, unit members will
be provided with as much advance notice and information as the situation will
allow.
F. In addition to all duties as assigned by the Police Chief or his designees, work
hours shall continue to include 2 15 minute rest periods as work demands allow.
G. There shall be a minimum of 15 hours off between shifts, 13 hours for a unit
member working a 4/10 schedule. If this is not possible, the unit member shall
receive overtime compensation at his regular rate of pay for each full hour worked
within the described 15 hour period, 13 hour period for a unit member working a
4/10 schedule. A unit member assigned to a specialty bureau may sign individual
statements waiving the provisions of this section. Signed waivers shall continue in
effect per fiscal year.
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This section does not apply to mandatory training conducted by the Advanced
Training Detail when a member is given 30 days written notice of the required
training. The intent is not for supervisors to work employees on a double shift.
Employees’ chain of command will ensure employee’s shift prior to training is
adjusted to afford 13/15 hours off before reporting to training.
H. A unit member will be permitted to take the meal period at a location within the
squad/team area, or if no suitable eating location is available, then with the
approval of the designated supervisor, at a location outside the squad/team area.
A meal period may be taken at a private residence, with supervisory approval,
provided such residence is within the unit member’s beat area.
I. A unit member may return to his work station 20 minutes before his scheduled end
of shift if work demands permit for the purpose of completing required paperwork,
notifying oncoming unit members of any beat conditions, and to notify his
supervisor of any unusual occurrences he encountered during his shift.
J. A unit member assigned to the Canine Detail shall be allowed 4 hours of paid time
per work week to care for his police dog at his residence. The City will determine
when and how the hours will be scheduled.
K. A unit member may waive the provision of section A and B of this section to
facilitate an alternative work schedule upon written agreement of both the
Association and the Department.
L. “On duty” training will be approved at the Division Chief level.
Section 4-2: Seniority
A. The City shall provide the Association with a list of unit members showing each
unit member’s City employment date and class employment date.
B. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.
C. Seniority shall be used as a factor consistent with established Civil Service
procedures in choice of work assignments, vacation schedules and in the
determination of layoffs.
ARTICLE 5: Benefits
Section 5-1: Health Insurance
Page 378
A. The City and Association agree to maintain the current 80/20 split for health
insurance monthly contribution for the single and family coverage. If there is a rate
increase or decrease, the city will pay 80% of the new monthly contribution and
the employee will pay 20%.
B. If there is a substantive change in the City’s Health Insurance Plan design, the
Labor Relations Administrator will discuss such change with the Association.
C. In the event of the death of a unit member while on duty or while performing a
police function as determined by the City, the City will continue to pay the full
monthly health insurance premium for the spouse and all eligible dependents.
Should the surviving spouse remarry, the benefits of this provision shall be
discontinued for the spouse. Benefits for remaining eligible dependents, e.g.
children, step children, or adopted children, will remain in effect as federal law
prescribes.
In the event of the death of a unit member while commuting to or from his work
location, for a period of two hours each way, the City will continue to pay the full
monthly health insurance premium for the spouse and all eligible dependents. This
policy will be consistent with the terms of the 1997 agreement between the City of
Phoenix and CIGNA Group Insurance, for the payment of a supplementary
commutation life insurance policy for each unit member. The Association will pay
the cost of this benefit, if any, the first year of each new Memorandum period.
D. In the event Congress or the State of Arizona passes legislation which considers
the amount the City contributes to health or dental insurance as imputed income,
then the City will consider such contributions as income to the employee.
Section 5-2: Retiree Health Insurance
A. Upon retirement of a unit member, or bargaining unit member who retired on
August 1, 1992 or later, the City’s contribution to health care premiums will be
calculated without regard to age.
B. In no event will the combination of this contribution and the amount paid by the
PSPRS (Public Safety Personnel Retirement System) exceed the monthly
premium for the chosen health insurance benefit.
C. The City of Phoenix agrees to participate in the Post Employee Health Plan
(PEHP) for unit members in accordance with the terms and conditions of the Plan's
Participation Agreement, a copy of which is attached to this agreement. The
Employer agrees to contribute to the Plan on behalf of unit members:
Effective July 1, 2017, the Employer shall contribute for each unit member the
amount of $6.00 per pay period. If any contribution is an amount other than an
equal dollar amount per unit member, that contribution shall be deposited in the
unit member's Health Insurance Premium Reimbursement sub-account, otherwise
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the Employer's equal dollar amount contribution per unit member shall be
deposited into the unit member's Universal Health Care Reimbursement sub-
account pursuant to the terms and conditions of the Plan.
Section 5-3: Dental Insurance
A. The City shall pay the full premium costs for single coverage for employees
enrolled in the base HMO or PPO plan. and 75% of the premium costs for family
coverage for a City dental plan.
B. The plan shall consist of 80% payment of reasonable and customary charges
covered for preventive and diagnostic services, basic services, and major services.
The plan shall also include an orthodontia benefit providing for 80% payment of
reasonable and customary charges up to a maximum lifetime benefit of $4,000 per
person. This plan is subject to the deductibles and limitations contained in the
contract between the dental insurance carrier and the City of Phoenix. Enrollment
in prior City of Phoenix dental plans counts toward major services time limit
exclusions.
Section 5-4: Life Insurance
A. The City will continue the existing off-the-job and on-the-job life and
dismemberment insurance coverage, and will continue the face value of the policy
at $15,000. The City will continue the current policy for death in the line of duty at
$100,000.00.
B. Effective August 1, 2001, the City will increase the $35,000.00 line of duty life and
dismemberment insurance coverage to each unit member to $100,000.00.
C. Additionally, the City will provide to each unit member a $200,000 death benefit
covering the unit member’s commute to and from his city work location. This policy
will be consistent with the policy negotiated in 1997 with CIGNA Group Insurance
and will cover the unit member’s commute for up to two hours before his shift
begins and two hours after his shift concludes. The Association will only pay the
cost of this benefit the first year of the MOU.
Section 5-5: Long-Term Disability Insurance
A. The City will offer a long-term disability benefit for all full-time, regular unit members
pursuant to A.R. 2.323 as may be amended (providing that such amendments shall
not be in conflict with the MOU). Employees who have been continuously
employed and working on a full-time basis for twelve consecutive months are
eligible for long-term disability coverage. Applicants must apply for benefits they
may be eligible to receive. After an established 90 calendar day qualifying period,
the plan will provide up to 66-2/3% of the employee's basic monthly salary at the
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time disability occurs and continue up to age 75 for employees who have been
employed full-time for 36 months and one day. Employees who have been
employed full-time with the City of Phoenix for 36 months or less, will be eligible to
receive a long term disability benefit for no more than 30 months.
B. This benefit will be coordinated with sick leave, industrial insurance payments,
social security benefits, unemployment insurance and disability provisions of the
retirement plan.
Section 5-6: Holidays and Vacation Leave
A unit member shall be entitled to holiday benefits as set forth in Paragraph 2 of
Operations Order No. 3.6, including overtime compensation for hours assigned and
worked on a specified holiday in accordance with and subject to Article 3, Section 3-6,
Overtime.
A. The compensation of a unit member who actually works on a day designated as a
holiday shall include, in addition to his regular day’s pay, additional pay or
compensatory time for hours worked up to 8 excluding overtime pay.
B. A unit member who is not scheduled to work on a designated holiday will still be
compensated for 8 hours pay or compensatory time for each holiday.
C. Paid holidays shall include:
New Year’s Day
Martin Luther King, Jr's Birthday
President’s Day
Caesar Chavez Birthday
Memorial Day
Juneteenth Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Two Personal Leave Days* & **
* After 6 months of continuous service.
** Personal leave will be a total of 20 hours for all unit members.
Subject to operational and scheduling factors, a unit member’s personal
leave days shall be taken each calendar year on any day of the unit
member’s choosing.
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D. For a unit member participating in the 4/10 schedule, holiday pay shall be applied
as follows:
1. When a designated paid holiday falls on a unit member’s scheduled day off,
the unit member shall be paid 8 hours of holiday pay.
2. When a designated paid holiday falls on a unit member’s normally scheduled
work day and the unit member is directed to not work that day, the unit member
shall be paid for 8 hours of holiday pay. The additional 2 hours necessary to
receive 10 hours of pay will be deducted at the unit member’s discretion as
either non-paid time, accumulated vacation or compensatory time. If a unit
member has no accumulated vacation or compensatory time, the unit member
will receive only 8 hours of pay. Alternatively, the unit member may work for 2
hours on the holiday, paid at straight time, performing tasks at the direction of
a supervisor. The compensation of a unit member who actually works on a day
designated as a holiday shall include, in addition to his regular day’s pay,
additional pay or compensatory time for hours worked up to 8 hours, excluding
overtime pay.
E. A unit member will continue to receive holiday pay while on industrial leave.
F. Holidays shall be observed on the calendar days on which they fall for unit
members directly involved in providing continuous 24-hour or seven-day service
operations.
G. The City agrees to maintain its present vacation selection procedure and, to every
extent practicable, allow a transferred unit member to maintain his previous
vacation schedule.
H. A unit member who works a schedule at full time 52 weeks of the year shall be
credited with vacation credits for every completed calendar month of paid service
according to the following schedule:
1. Through 5 years of service 8 hrs. per month
2. 6th through 10th year of service 10 hrs. per month
3. 11th through 15th year of service 11 hrs. per month
4. 16th through 20th year of service 13 hrs. per month
5. 21st year of service and thereafter 15 hrs. per month
I. Unit members who have accrued 312 hours or more of vacation, may elect to have
150 hours of vacation leave paid out at the member’s hourly rate in one lump sum
or converted into their comp bank. The member may only elect to exercise this
benefit 4 times in their career, and not more than 1 time in a fiscal year. This
payment is not considered Final Average Salary for purposes of pension
calculations. Eligible employees may elect to buy back their hours between July
1 and the last pay period in January each fiscal year.
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Additionally, 80 hours of vacation time can be accumulated above the maximum
vacation carryover into the last 3 years of service. These hours must be used as
paid time off prior to retirement.
J. Vacation accrual, carryover and compensation at separation is as follows:
MAX ACCRUAL THAT
CAN BE
MONTHLY ACCRUAL MAXIMUM CARRYOVER COMPENSATED AT
YEARS OF SERVICE RATE (HOURS) (HOURS) SEPARATION (HOURS)
0 – 5th 8 232 280
6th - 10th 10 280 340
11th - 15th 11 304 370
16th - 20th 13** 352 430
21st+ 15** 400 490
** In the last three years of service an additional 80 hours may be carried over into
a new calendar year.
During the 2021-2023 MOU, a workgroup will be formed with participants from City
management and include a leader from PLEA for the purpose of exploring the
possible creation of a Citywide bank of hours supplied by vacation cutback hours
for use by employees with approved donation petitions. The workgroup will submit
a recommendation to the City Manager before the end of the 2021-2023 MOU.
K. For the purposes of determining monthly vacation Accrual rates for a unit member
who had a break in service, if the unit member was reemployed within 5 years, the
amount of time the person is gone is subtracted from his previous service, thereby
giving the unit member a new accrual service date.
L. A unit member may sell back up to 80 hours of vacation time each calendar year
(unit member must use a minimum of 40 hours of vacation/comp-time leave during
the calendar year to qualify for this benefit). This payment shall be made on the
first payday of December of each year, and shall be included in the unit member’s
regular, bi-weekly paycheck.
Section 5-7: Out-of-State Vacation Recall
When a unit member is temporarily recalled to duty from out-of-state while on an
authorized vacation by order of the Police Chief, or designee, he shall be reimbursed for
necessary and provable transportation expenses as determined by the Police Chief.
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Section 5-8: Military Leave
A. Definition
1. Pursuant to ARS 26-168 and ARS 38-610, employees who are members of the
Arizona National Guard or the Reserves of the United States Armed Forces,
will be entitled to a leave of absence from their duties for a period not to exceed
30 days when they are engaged in ordered annual training or to attend camps,
maneuvers, formations, or drills under orders of any branch, including the
reserve or auxiliary.
2. This leave will be granted without loss of pay or other employment rights.
B. Leave Guidelines
1. National Guard and Military Reserve leave time will be calculated using working
days.
2. Employees will not be charged with military leave time for days that fall on their
regularly scheduled days off.
3. Leave days do not have to be taken consecutively, the only limitation is the
300-hour maximum in any two consecutive military fiscal years (October 1
through September 30).
4. Travel time will not be allowed in addition to inclusive dates shown on requests.
5. A copy of the Military Orders will accompany leave requests.
Section 5-9: Uniform, Clothing and Equipment Allowance
A. Department-issued equipment, as follows:
1. The Police Department will furnish to each unit member entering the
department the following:
1 Uniform Belt
1 Handcuff Case
1 Holster
1 Helmet
1 Magazine Pouch
1 Service Weapon
1 Pepper Spray Holder
1 Pepper Spray Canister
1 Pair of Handcuffs and Key
1 Uniform Breast Badge
1 Flat Badge with Case
Page 384
1 (pair) Puncture resistant gloves
The department also agrees to provide spit masks on a continuous basis.
2. Pilot’s equipment list as follows:
The Police Department will furnish the following to each unit member assigned
to the Air Support Detail:
2 Nomex (or equivalent in quality) Flight Suits
1 Flight Helmet
1 Standard Headset
3. The Department shall replace those items as they, in the judgment of the
Department, become unserviceable due to wear or damage in the course and
scope of official duties.
B. A unit member will receive $1,150 clothing allowance per annum. Barring
unforeseen circumstances, payment for uniform allowance will be made on or
before August 1 of each fiscal year. Such payment will be made to cover the cost
of uniforms, maintenance, cleaning of such uniforms, and for other duty-related
expenses and for the unit member to provide a required flashlight and fresh
batteries.
C. A new unit member will receive an initial fiscal year uniform allowance equal to
1/12 of the annual allowance per month from the first day of the month of his
employment through the end of the fiscal year. This payment will be made in a
lump sum during the first 60 days of employment.
D. A unit member who leaves City Employment shall repay to the City the uniform
allowance equal to 1/12 of the annual allowance per month for each month
remaining in the fiscal year after the last day of the month in which separation
occurs, provided, however, that a unit member who retires will not be required to
repay any uniform allowance. In addition, the family or beneficiary of a unit member
who dies while in the employment of the City shall not have to pay back any uniform
allowance.
E. A unit member who has been on extended leave (paid or unpaid), excluding
industrial leave, sick leave, or military leave of 2 months or longer, shall have the
next annual uniform allowance reduced by 1/12 of the annual allowance for each
month of extended leave.
F.
1. On or before August 1 of each fiscal year, a unit member assigned to the
following details/squads/units will, in addition to his annual clothing allowance,
be provided a one-time payment per the following schedule upon initial transfer
to that assignment.
Page 385
Canine $320
SAU (Tactical) $320
Air Unit $320
Solo Motor $320
TRU*** $320
Detectives* $320
Bike Officers** $320
Honor Guard $320
SAU Negotiators $320
Drone Pilots $320
* Detective is defined as a certified detective who is in a detective or
investigative assignment or an assignment that normally requires the unit
member to wear civilian business clothes.
** Bicycles will be furnished by the City. To be eligible for the one-time
payment of $320, a bicycle officer must successfully complete the 40-hour
bicycle certification class and be assigned to NET, DOU, CAO, the airport,
or a School Resources Assignment, or any designated bike squad approved
by the Police Chief (i.e. the Desert Horizon Precinct Bike Squad).
2. A unit member assigned to the following details/squads/units will receive, on or
before August 1 of each fiscal year, in addition to his initial uniform allowances
described in section F1 above, an annual maintenance allowance per the
following schedule:
Canine $320
SAU (Tactical) $320
Air Unit $320
Solo Motor $320
Detectives $320
TRU*** $320
Bike Officers** $320
Honor Guard $320
The provisions of Subsection D of this Section shall apply to this Subsection.
** To be eligible for the one-time payment of $320, a bicycle officer must
successfully complete the 40-hour bicycle certification class and be
assigned to NET, DOU, CAO, the airport, or a School Resources
Assignment, or any designated bike squad approved by the Police Chief
(i.e. the Desert Horizon Precinct Bike Squad). All bicycle officers, assigned
to one of the details above, who do not ride during the course of their regular
duties, will be required to work at a minimum, one shift every fiscal year with
DOU, during a regular shift or a special event, utilizing Department issued
bicycles. This event will be coordinated with DOU command staff and the
affected units’ command. Proper notice of schedule change will occur of
the shift is outside of the unit members normal work hours.
Page 386
*** TRU is defined as an officer who has completed the annual TRU
certification course and is assigned to a TRU response/support squad. The
Unit member must attend annual training and maintain certification to be
eligible for allowances.
G.
1. A unit member who purchases a new ballistic vest shall, upon showing proof of
purchase, be reimbursed an amount up to, but not exceeding, $1,000.
2. At the time of the purchase, the member can utilize the remainder of stipend to
purchase department authorized armor plates.
3. Upon replacement of his ballistic vest, a unit member shall be entitled to the
above $1,000 reimbursement every 5 years.
H.
1. The City agrees to reimburse a unit member for the repair or replacement of
uniform items and for other personal property damaged in the course of
employment and performance of their assigned duties without fault or
negligence on the part of the unit member, other than normal wear and tear in
accordance with the schedule of items and maximum amounts authorized for
reimbursement outlined below:
Business Suit $250
Business Dress $100
Sport Coat $150
Dress Shirt $50
Dress Trousers $75
Dress Skirt $75
All Shoes $100
Uniform Boots ALL
Motorcycle Boots ALL
Motorcycle Gloves $100
Glasses and contacts RX ALL
Sunglasses -non-RX $80
Watches $80
Jewelry $75
Police Uniform Trousers ALL
Police Motorcycle Breeches ALL
Police Uniform Shirt ALL
Police Jacket ALL
Police Motorcycle Jacket ALL
Flashlight $100
Ballistic Vest ALL
Service Weapon and (up to cost of City weapon) authorized attached
accessories
Page 387
2. Reimbursements for full, 3/4, 1/2, 1/4, value are based on the supervisor’s
evaluation and recommendations of the article’s condition and age. Items not
listed above are not covered by the policy.
3. The option to repair or replace damaged items, and to determine whether
replaced property will be returned to unit member, rests with the City.
4. The provisions of this policy shall not apply if the unit member has concealed
or misrepresented any material fact or circumstances concerning the subject
of the loss, his interests therein, or in the case of any fraud or false statements
by the unit member relating thereto.
I. Upon duty related retirement, the City will provide the retiring member a Retired
Police Officer’s Commission Card similar in appearance to the regular Commission
Card.
J. Upon retirement, with Chief approval, a unit member will receive his breast badge
mounted on a plaque, a retired flat badge and case, handcuffs, and his fully
functional department-issued service weapon, including all 3 duty magazines, for
$1.00. If the unit member dies in the line of duty or while employed by the
department, the unit member’s spouse or an adult survivor may elect to receive
these items, except for the flat badge and case, for $1.00 which will be paid by
PLEA. The unit member’s spouse or adult survivor will have the option of receiving
the service weapon in a fully functional condition, or may request the unit member’s
service weapon be disabled and mounted in a shadow box, or may decline
receiving the service weapon. The choice will be made in writing. PLEA will provide
a gun safety device, upon request by the unit member.
K. A unit member assigned to the Canine Detail will have the option of purchasing his
dog as follows:
1. If both the police dog and the unit member have been in the Canine Detail in
excess of 5 years, at retirement the unit member may purchase his dog for
$1.00.
2. If both the police dog and the unit member have been in the Canine Detail in
excess of 5 years and the unit member leaves other than for retirement, the
decision to allow the purchase of his dog will be made on a case by case basis
and this decision will not be arbitrary.
L. Unit members who are assigned a rifle, currently qualified, and assigned to patrol
or a patrol specialty unit, Downtown Operations Unit, and Airport Bureau will
receive a stipend to offset costs of any Department authorized equipment already
purchased, that assists them with deployment and utilization of their rifle as follows:
• Eligible employees will be able to submit a memo with attached receipts for
new and/or replacement rifle related equipment up to a limit of $500 every
5 years.
Page 388
Members will accumulate receipts for newly purchased equipment and will make
one submission to fiscal for reimbursement.
Section 5-10: Reimbursement for Education Expenses
A. A unit member who participates in the Tuition Assistance Program shall be eligible
for tuition reimbursement pursuant to the following provisions:
1. For the 2021-2023 fiscal years, an employee may submit tuition expenses
incurred in the prior fiscal year such that the maximum total reimbursed does
not exceed $13,000 across any two-year period.
2. To be eligible for any reimbursement, a unit member must have successfully
completed academic or training courses approved by the Police Chief and the
Human Resources Director as provided in existing regulations.
3. Unit members shall be allowed to use up to $500.00 of their reimbursement
benefit for job-related seminars, workshops, and professional memberships
each fiscal year.
Section 5-11: Leave of Absence
Subject to development of administrative controls, a unit member who has no other
accumulative paid leave may use up to 10 hours per year of accumulated sick leave for
non-emergency home care or medical treatment for a member of the unit member’s
immediate family subject to operational and scheduling factors. When utilizing this benefit,
the member shall identify the use of such time as non-emergency family illness. Such
leave request shall not be unreasonably withheld.
Section 5-12: Workers’ Compensation
A. Employees shall continue to receive 100% of their current rate of pay while off-
duty due to an industrial injury based on current practice which is a maximum of 1
year per injury, thereafter the rate becomes 66-2/3%.
B. Should the Association believe that a dispute in jurisdiction is unduly delaying a
Workers’ Compensation claim, or if the Association believes the City needs to
provide greater assistance to an employee trying to reopen an old claim, the
Association may request a meeting with City Workers’ Compensation staff
(provided the involved employee signs a release to do so) and such meeting will
be scheduled within 14 calendar days.
Page 389
C. The City will first attempt to use physicians from specialty lists created by City of
Phoenix Pension Boards for Independent Medical Examinations for employees in
Unit 4.
D. Family and Medical Leave Act (FMLA) leave shall not run concurrent with leave
paid as industrial injury/illness (e.g. Workers’ Compensation).
ARTICLE 6: Miscellaneous
Section 6-1: Saving Clause
A. If any Article or Section of this Memorandum should be held invalid by operation
of law or by a final non-appealable order of the Phoenix Employment Relations
Board or a final judgment of any court of competent jurisdiction, or if compliance
with or enforcement of any Article or Section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby; and upon
issuance of such final order or decree, the parties, upon request of either of them,
shall meet and confer to endeavor to agree on a substitute provision or that such
a substitute provision is not indicated.
B. It is recognized by the parties that currently the provisions of the Fair Labor
Standards Act are applicable to certain of the wage and premium pay provisions
of this Memorandum of Understanding (MOU) and that this MOU shall be
administered in compliance with the Act for so long as the Act is applicable.
C. It is recognized by the parties that currently the provisions of the Americans with
Disabilities Act are applicable to certain of the provisions of this Memorandum of
Understanding (MOU) and that this MOU shall be administered in compliance with
the Act for so long as the Act is applicable.
Section 6-2: Copies of Memorandum
Within 60 days from the date that this Memorandum is adopted by the City Council, the
Association will arrange for printing of it for furnishing one to every unit member, unit
supervisor and to management personnel. The cost of such duplication and distribution
will be borne equally by the Association and the City. Printing vendors secured by the
Association shall comply with Chapter 18, Articles IV (City Construction Contractors'
Affirmative Action Requirements) and V (Supplier's and Lessee's Affirmative Action
Requirements), Phoenix City Code.
Page 390
Section 6-3: Aid to Construction of Provisions of Memorandum of Understanding
A. It is intended by the parties hereto that the provisions of this Memorandum shall
be in harmony with the rights, duties, obligations and responsibilities which by law
devolve upon the City Council, City Manager, Police Chief, and other City boards
and officials, and these provisions shall be interpreted and applied in such manner.
B. The Association recognizes the powers, duties and responsibilities of the Police
Chief as set forth in the Charter and Ordinances and that pursuant thereto the
Police Chief has the authority to establish rules and regulations applicable to the
operation of the Police Department and to the conduct of the police officers
employed therein, subject to the express provisions of this Memorandum.
C. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Association having had an opportunity to raise all matters in
connection with the meet and confer proceedings resulting in this Memorandum is
precluded from initiating any further meeting and conferring for the term thereof
relative to matters under the control of the Police Chief, the City Council or the City
Manager. This section shall not be construed to limit free and informal discussions
under, Section 2-2 hereof.
Section 6-4: Changes in Department Operations Orders Pursuant to this
Memorandum
A. Within 60 days from the date this Memorandum is adopted by the City Council, the
Department shall provide electronic copies of those Department and Operations
Orders reflecting changes pursuant to this Memorandum. Copies of such changes
shall be available to each unit member on or about July 1 of each fiscal year or as
soon thereafter as possible.
B. During the preparation of changes to the Department’s Operations Orders, and
precinct/bureaus manuals, drafts of the proposed changes will be staffed out to the
Association.
Section 6-5: Physical Fitness
A. It is recognized by the parties that it is the responsibility of a unit member at all
times to make every effort to maintain his physical condition so as to be fully fit to
perform his duties with maximum effectiveness.
To assist a unit member in this respect, the City agrees to provide and maintain
exercise equipment for each precinct station, Deer Valley, Resource Bureaus,
Police Headquarters, and at the Training Academy.
B. The City will provide required FAA physicals to pilots assigned to the Air Support
Unit.
Page 391
C. If a unit member, while carrying out his official duties is exposed to an infectious
disease/virus, the City agrees to pay the expenses for inoculation of the member.
D. Unit members are allowed to work out on their “Code 7” at Police Department
facilities. Unit members are required to remain in workpants/boots. Employees
who work out on their “Code 7”:
• Must adhere to Operations Order 4.1 (Meals and Breaks);
• Must submit a workout memo through the Chain of Command to the
Department Fitness Coordinator;
• Adhere to Operations Order 3.7 (Industrial Injuries);
• Must limit their activity to Strength Training/Cardio Training;
• May not work out on their “Code 7” during overtime shifts; and,
• May not work out during the last 2 hours of their duty shift, unless
approved by their supervisor.
Program viability will be reviewed annually by the Police Chief.
Section 6-6: Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect beginning with the first
regular pay period commencing in July 2023, up to the beginning of the first regular
pay period commencing in July 2024.
B. Except as expressly provided in this Memorandum, the City shall not be required
to meet and confer concerning any matter, whether covered or not covered herein,
during the term or extensions thereof. This paragraph is not intended to preclude
informal discussions under Article 2, section 2-2 hereof.
C. The provisions of this Memorandum shall be subject to Federal, State, Charter,
and existing local laws that vest jurisdiction and authority in the City Council,
Phoenix Employment Relations Board, and Phoenix Civil Service Board.
D. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions.
Page 392
IN WITNESS WHEREOF, the parties have set their hands this ____ of May, 2023.
_______________________________________________________
Darrell Kriplean, President, Phoenix Law Enforcement Association (PLEA)
_______________________________________________________
Jason Perkiser, Assistant Human Resources Director/Labor Relations, City of Phoenix
_______________________________________________________
Jeff Barton, City Manager, City of Phoenix
ATTEST:
_______________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED AS TO FORM:
_______________________________________________________
City Attorney, City of Phoenix
PLEA Team: City of Phoenix Team:
Darrell Kriplean, President Jason Perkiser, Assistant HR Director, Labor Relations
Yvette Bro, Vice-President Charmane Osborn, Assistant Police Chief
John Maxwell Sean Kennedy, Assistant Police Chief
Michael Thomas Dennis Orender, Commander
Santos Robles Warren Brewer, Commander
Justin Hernandez Tobin Daily, Public Safety HR Liaison
Dan Grant Mark Bizik, Management Assistant II
Danielle Vermeer, Management Intern (Scribe)
Page 393
ATTACHMENT A
DRUG TESTING
The Phoenix Police Department’s Operations Order 3.21, Controlled Substance
Screening policy, is added to this Memorandum as Attachment B.
Page 394
ATTACHMENT B
RETIREE HEALTH CONTRIBUTION
The City shall provide Basic Medical Reimbursement Plan (MERP) benefits to MERP
eligible unit retirees and to unit members who are hired before August 1, 2007 and are
eligible to retire no later than August 1, 2022 (the date of an individual’s retirement
eligibility was determined on August 1, 2007), at the monthly amounts based on years of
service listed below:
5 to 14 years of service $135.00
15 to 24 years of service $168.00
25 or more years of service $202.00
Unit employees hired on or after August 1, 2007, regardless of years of service, may
qualify for a Post Employment Health Plan (PEHP) account.
Public Safety Personnel Retirement System (These benefits are not under City of
Phoenix control)*
Retiree only not on Medicare $150.00
Retiree & family not on Medicare $260.00
Retiree only on Medicare $100.00
Retiree - one with Medicare $215.00
Retiree - all on Medicare $170.00
*Rates shown are for the 2012 calendar year. For current rates, see http://www.psprs.com/
Page 395
ATTACHMENT C
Unit 4 – Police Officers
WAGES
Police Officer, Job Code 62210
Effective July 10, 2023
STEP HOURLY BI-WEEKLY ANNUAL
Police Officer*Pilot, Job Code 62211
Effective July 10, 2023
STEP HOURLY BI-WEEKLY STEP
Police Officer*Rescue Pilot, Job Code 62212
Effective July 10, 2023
STEP HOURLY BI-WEEKLY STEP
Police Officer*Flight Instr, Job Code 62213
Effective July 10, 2023
STEP HOURLY BI-WEEKLY STEP
Police Officer*Chief Pilot, Job Code 62214
Effective July 10, 2023
STEP HOURLY BI-WEEKLY STEP
Page 396
Report
Supporting documents
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Item text
Approving the Memorandum of Understanding Between the City of Phoenix and
International Association of Fire Fighters, IAFF Local 493 (Unit 5) (Resolution
22119)
The City of Phoenix has met and conferred with International Association of Fire
Fighters, IAFF Local 493 (Unit 5) in accordance with the terms of Phoenix City Code
section 2-218, and a Memorandum of Understanding (MOU) has been approved by
the organization's membership. A copy of the proposed MOU has been filed with the
City Clerk and an opportunity for public comment was conducted at the April 19, 2023,
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 397
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
CITY OF PHOENIX
AND
PHOENIX FIRE FIGHTERS ASSOCIATION
LOCAL 493
REPRESENTING UNIT 5 EMPLOYEES
Page 398
TABLE OF CONTENTS
PREAMBLE............................................................................................................................... 2
Article 1: Rights ....................................................................................................................... 2
Section 1-1. Gender ................................................................................................................................. 2
Section 1-2. City and Department Rights ................................................................................................. 2
Section 1-3. Rights of the Union ............................................................................................................... 3
Section 1-4. Rights of Unit Employees ...................................................................................................... 8
Section 1-5. Prohibition of Strikes and Lockouts .................................................................................... 13
Article 2: Grievance/Arbitration/Labor Management ...........................................................13
Section 2-1. Grievance Procedures ....................................................................................................... 13
Section 2-2. The RBO / Labor-Management Process ............................................................................ 17
Section 2-3. Productivity Discussions .................................................................................................... 19
Article 3: Compensation/Wages............................................................................................19
Section 3-1. Wages ................................................................................................................................ 19
Section 3-2. Productivity Enhancement Pay .......................................................................................... 22
Section 3-3. Overtime ............................................................................................................................. 22
Section 3-4. Call Out Pay ....................................................................................................................... 23
Section 3-5. Out-of-Class Pay ................................................................................................................ 24
Section 3-6. Sick Leave Conversion at Retirement ................................................................................ 24
Section 3-7. Deferred Compensation and Defined Contribution Plans .................................................. 26
Section 3-8. Non-Direct Payment of Compensation or Benefits ............................................................ 26
Article 4. Hours of Work/Working Conditions ......................................................................26
Section 4-1. Hours of Work .................................................................................................................... 26
Section 4-2. Shift Trades ........................................................................................................................ 28
Section 4-3. Filling Vacancies ................................................................................................................ 28
Article 5. Benefits ...................................................................................................................29
Section 5-1. Health Insurance ................................................................................................................ 29
Section 5-2. Dental Insurance ................................................................................................................ 30
Section 5-3. Life Insurance ..................................................................................................................... 30
Section 5-4. Long Term Disability Insurance.......................................................................................... 31
Section 5-5. Holidays, Vacations, and Donated Vacation Leave ........................................................... 31
Section 5-6. Uniforms ............................................................................................................................. 34
Section 5-7. Tuition Reimbursement ...................................................................................................... 35
Section 5-8. Wellness, Health and Fitness............................................................................................. 36
Section 5-9. Worker’s Compensation ..................................................................................................... 36
Section 5-10. Employee Benefit Trust Fund............................................................................................ 37
Article 6. Miscellaneous ........................................................................................................39
Section 6-1. Saving Clause .................................................................................................................... 39
Section 6-2. Printing of M.O.U. ............................................................................................................... 39
Section 6-3. Fire Watch .......................................................................................................................... 39
Section 6-4. Term and Effect of Memorandum ...................................................................................... 40
ATTACHMENT A .....................................................................................................................42
ATTACHMENT B .....................................................................................................................49
Page 399
PREAMBLE
WHEREAS, the parties, through their designated representatives, met and
conferred in good faith pursuant to Ordinance G-3303 in order to reach agreement
concerning wages, hours, and working conditions of employees comprising the Fire
Fighter Unit, and,
WHEREAS, the parties hereby acknowledge that the provisions of this
Memorandum are not intended to abrogate the authority and responsibility of City
government provided for under the statutes of the State of Arizona or the Charter or
ordinances of the City of Phoenix except as expressly and lawful limited herein,
NOW, THEREFORE, having reached this complete agreement concerning wages,
hours, and working conditions for the term specified, the parties submit this Memorandum
to the City Council of the City of Phoenix with their joint recommendation that body resolve
to adopt its terms and take such other action as may be necessary to implement its
provisions.
Article 1: Rights
Section 1-1. Gender
Whenever any words used herein in the masculine, feminine or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
Section 1-2. City and Department Rights
A. The Union recognizes that the City and the Fire Chief retain, whether exercised or
not, solely and exclusively, all express and inherent rights and authority pursuant to
law with respect to determining the level of and the manner in which the Fire
Department's service delivery activities are conducted, managed, and administered,
and the Union recognizes the exclusive right of the Chief to establish and maintain
departmental rules and procedures for the administration of the Fire Department
during the term of this Memorandum provided that such rules and procedures do not
violate any of the specific express provisions of the Memorandum.
B. The City and the Chief have the exclusive right and authority to schedule work and/or
overtime work as required in the manner most advantageous to the City subject to
the express terms of this Memorandum.
C. It is understood by the parties that every incidental duty connected with operations
Page 400
enumerated in job descriptions is not always specifically described; nevertheless, it
is intended that all such duties shall be performed by the employee.
D. The Chief and City Manager reserve the right to discipline or terminate employees
for just cause subject to Civil Service procedures.
E. The City and the Chief shall determine and establish methods and processes by
which duties are performed subject to the express terms of this Memorandum.
F. The City and Chief shall have the right to transfer employees within the Department
in a manner most advantageous to the City subject to the express terms of this
Memorandum.
G. Except as otherwise specifically provided in the Memorandum, the City and the Chief
retain unqualifiedly all rights and authority to which, by law, they are entitled.
H. The City shall have the authority to effect reorganizations of the Department.
However, any such reorganization shall be discussed by the Labor-Management
Committee prior to implementation.
I. The Union recognizes that the city has statutory and Charter rights and obligations in
contracting for matters relating to municipal operations.
J. The inherent and express rights of the City and the Chief, including those herein
specifically referred to, which are not expressly modified or restricted by a specific
provision of this memorandum, are not, in any way directly or indirectly, subject to the
Grievance Procedure herein.
K. Nothing herein shall be construed to diminish the rights of the City under Section 5
of Ordinance G-3032 or to diminish the provisions of the Civil Service Rules.
Section 1-3. Rights of the Union
A. The Union, as the authorized representative, has the exclusive right to serve as the
meet and confer representative of all employees in the Fire Fighter's Unit as certified
by the Phoenix Employment Relations Board on July 29, 1976.
B. The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The Union plays an important role furthering this
relationship and ultimately improving service to the City and its citizens. Accordingly,
the City and the Union have negotiated various rights for unit employees as set forth
in this MOU, in exchange for services to the City and in lieu of increased
compensation. These bargained-for rights will promote and improve enhanced
Page 401
service delivery models and public safety, along with other tangible benefits to the
City’s residents.
C. The Phoenix City Council has determined, and Unit 5 agrees, there are specific
activities that confer a public benefit; a dual public/private purpose or an exclusively
public purpose, for which up to 2 Unit 5 (IAFF) members may be released and will
perform these duties under City Business.
D. The City’s Labor Relations Administrator or authorized designee will be responsible
for coordinating the City Business Time. The Labor Relations Administrator shall
work directly with Unit 5 in order to confirm any and all paid activity of the Authorized
Employees is consistent with the activity approved below. The two Unit 5 members
identified in Subsection B shall submit reports each pay period to the Labor Relations
Administrator documenting the City Business and any leave (e.g., donated leave,
vacation leave, sick leave, etc.) used during that pay period. The City has the right
to audit time cards submitted. In the event there is disagreement, the parties will
meet to discuss the matter at the request of Unit 5 or the City. The audit may result
in Unit 5 reimbursing the City, by submitting Union Release hours, donated leave,
personal leave, or monetary payment from the Union, for activity not deemed City
Business under this Agreement.
E. City Business Time
The City has determined there are activities that confer a public benefit, a dual
public/private purpose or an exclusively public purpose for which members of Unit 5
should be released from their official duties to perform. Unit 5 acknowledges its
members will receive City Business time for the time spent performing the following
activities:
1. Authorized Employees will attend trainings that have been authorized in advance
by Administration.
2. Authorized Employees will facilitate communication between employees and
management ensuring a safe and efficient delivery of services, as well as
developing a heightened degree of labor/management cooperation.
3. In coordination with management, Authorized Employees will communicate new
programs and/or policy changes to the broader City workforce that are members
of the bargaining unit in order to streamline service delivery and ensure timely
implementation of changes in policy or programs. Changes in safety or security
policy and procedure will be prioritized.
4. In coordination with management, as a means of achieving a healthier workforce
and driving down costs associated with workers’ compensation, the cost of
providing healthcare and the use of sick time, Authorized Employees will assist
Page 402
bargaining members with understanding coordination of benefits.
5. In order to ensure City resources are well coordinated, upon the direction of the
City and consent of IAFF, Authorized Employees will participate in various City
committees, labor management meetings, or labor management work groups as
a member of the committee or group.
6. Participate in Department-authorized or City-sponsored authorized community
projects and events.
7. Represent employees involved in critical incidents at the time of incident (e.g.,
personal injury related).
8. As a means of controlling administrative and litigation costs associated with
employee matters in a large and complex City and with the goal of resolving
matters at the earliest possible stage, at management’s request Authorized
Employees will assist bargaining unit members/employees and management in
matters related to employer/employee relations.
9. Legislative, lobbying or political activities with the approval of the City Manager
or authorized designee.
F. Activities not eligible for City Business Time
Authorized Employees shall be prohibited from engaging in any of the following
activities while on paid City Business time:
1. Lobbying. This includes letter writing or telephone calls, without approval of the
City Manager or authorized designee.
2. Legislative Activity. This includes participating in the preparation or distribution
of legislative proposals, without approval of the City Manager or authorized
designee.
3. Organizing. This includes preparing and/or distributing union related materials.
4. Civil Service Discipline. This includes the representation of any bargaining unit
member/employee in disciplinary matters before the Civil Service Board.
5. Bargaining/Negotiations. This includes any matters deemed to be a mandatory
subject of bargaining.
6. Representation in grievance or disciplinary proceedings.
G. Requests for City Business Time
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1. A union member who wishes to use City Business time must submit a written
request (e-mail will suffice) as soon as the need for time is known but no later
than 72 hours in advance, when practical, of the time requested to an individual
designated by the Labor Relations Administrator or authorized designee. Any
such request must specify what the time will be used for. A request for City
Business time will be approved only if the activity has either a dual public/private
purpose or an exclusively public purpose. Upon Labor Relations Administrator
approval, Fire Department time management will be notified of the approved
leave for entry into Telestaff.
H. Union Representatives
1. The Union may designate one (1) 493 Executive Director, three (3) 493
Directors, and four (4) Union Representatives to represent members of our
unit when appropriate. The Phoenix Chapter President shall notify the Fire
Chief of these designations. There shall be no obligation on the Department to
change or adjust normal departmental scheduling or assignments of personnel
as a result of such designations.
2. Union representatives may attend mutually scheduled grievance, investigative,
and disciplinary meetings and hearings with department representatives during
duty hours by using the Bank of Donated Leave. Time spent during duty hours
for any other union activity, such as gathering information, interviewing the
grievant or witnesses, attending a union meeting, or preparing a presentation
shall also be charged against the Bank of Donated Leave as described in Article
5, Section 5-5.
I. Union members may be authorized in advance in writing to engage in Union related
activities during duty hours on a non-paid basis by the Fire Chief at such time and in
such instances when in the discretion of the Chief such will not in any manner
interfere with the efficient and economical operations of the Department nor
adversely impact the level of Fire Fighting services or support services.
J. There shall be no use of official time for Union-related activities except as expressly
authorized under Section 1-3E of Article 1. The Department shall maintain
procedures to administer and control use of official time in conformity with the
provisions of this Section.
K. Upon the Union’s filing of a Third Party Data Sharing Agreement with the Labor
Relations Division, the City shall furnish to the Union on request, at actual cost, a
listing of Union members on City payroll deduction in July and January during the
term of this agreement indicating name, mailing address, and job assignment. The
City will also provide a monthly list of employees added that month to Unit 5.
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L. The City shall, in conformity with Ordinance G-3303, deduct monthly the Union
members regular periodic Union membership dues and/or special assessments
pursuant to authorization on a form to be provided by the City, duly completed and
signed by the Union member, and transmit such deductions to the Union on a monthly
basis; except, however, that such deduction shall be made only when the employee's
earnings for a pay period are sufficient after other legally required deductions are
made. The City shall, at the request of the Union, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for implementing
such change. The City shall not make dues deductions for Unit employees on behalf
of any other employee organization during the term of this Memorandum. The City
assumes no liability on account of any action taken pursuant to this paragraph. In
addition, with sufficient notice the Union may request a change in dues deduction to
either monthly or bi-weekly for the entire membership each July 1 or at other times
agreed to by the parties. By filling out and submitting a voluntary deduction form for
membership dues, each unit member/employee is clearly and affirmatively
consenting to the deduction of the stated amount of money for membership dues
from their pay check.
M. The City will continue to provide those bulletin boards as designated by the City in
the past exclusively for posting of official Union literature that is not political in nature,
abusive of any person or organization, or disruptive of the department's operations.
In addition, the Union will be allowed to use all Fire Department Communications
tools to disseminate such information when necessary. Such announcements shall
not be political in nature, nor shall they be abusive of any person or organization or
disruptive of the department's operation. The Assistant Chief in charge of personnel,
or his designee, shall review the content of the buck slip communications prior to
distribution.
N. Nothing herein shall be construed to diminish the Union's rights under Ordinance G-
3303.
O. The City will provide the Union, upon request, non-confidential and readily available
information concerning the Union that is necessary to Union representatives for
negotiations, and is not otherwise available to the Union, such as personnel census,
employee benefit data, and survey information. Such requests shall be made through
the Assistant Chief in charge of personnel. Any unusual costs incurred by the City in
connection with this Section shall be borne by the Union.
P. The Union and the Department will jointly present training to new Fire Fighter recruits
about the activities that are mutually beneficial to the City and the Community. This
time will be allotted sometime during the last 4 weeks of training of said recruits at
the Training Academy. During such discussions, Union representatives shall avoid
the dissemination of information that is political in nature, abusive of any person or
organization or disruptive of the Department's operation. City business time will be
available for this purpose.
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Q. Seniority
1. The City shall provide the Association with a list of unit members/employees
showing each unit member’s/employee’s City employment date and class
employment date.
2. Seniority shall be by length of service within a class. If seniority within the class
is not determinative, then length of service with the City shall prevail.
3. Seniority will be applied in conjunction with City of Phoenix Personnel Rule 14.
4. The Department will also post an annual seniority list (beginning of the fiscal
year) on the Department’s internal webpage. In addition, new promotional lists
for Fire Engineer and Fire Captain will be posted on the internal webpage after
they are certified and finalized by City HR.
Section 1-4. Rights of Unit Employees
A. All employees have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in
the Union or any other organization. Whenever the terms “employee, Unit employees,
grievant” or some derivation of those, is used in this MOU it shall be synonymous
with the term “Unit member/employee.”
B. Union employees have the right to be represented or not to be represented by the
Union in dealings with the City concerning grievances and matters pertaining to their
individual employment rights and obligations.
C. It is understood by the parties that the benefits granted by Section 1-4 of Article 1
shall not be interpreted or applied as requiring the employer to count as time worked
any hours or fractions of hours spent outside the employee's work shift in pursuit of
benefits provided by this Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.
D. The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
remove/inactivate eligible documents based on the below criteria by contacting the
department Human Resources Officer. Official records may only be inactivated and
not removed per records retention law, and members/employees will receive
confirmation once the requested record is removed/inactivated.
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Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original in
file.
Coaching’s/Supervisory Not maintained in
Remove annually Not maintained in file.
Counseling’s file.
provided no further
incidents.
Maintain original in
Maintain copy in file.
file.
Employee may
Written Reprimands Employee may
request to remove
request to inactivate
after 3 years.
after 3 years.
Maintain copy in file. Maintain original in
Maintain copy in file.
Remove annually file.
Suspensions Employee may
provided no further Employee may
(other than below) request to remove
incidents. request to inactivate
after 10 years.
after 10 years.
Discipline under 21b2, Maintain original in
21b4, 21b5, 21b12, Maintain copy in file. file.
21b13, 21b14, 21b15, Cannot Remove May not be
21b18, 21b19, 21b20. inactivated
Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types of
discipline, which may be considered for the duration of employment (and upon the
employee's return to employment, if applicable):
Sustained discipline of 40-hour suspension or greater of the following types:
• The employee has been abusive or threatening in attitude, language, or conduct
towards fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-3101),
excepting a pocketknife (as provided in ARS 13-3102) at a City worksite1, unless
such employee is a police officer.
1(A worksite includes not only City buildings and property, but also City
vehicles and private vehicles while being used on City business, and other
assigned work locations).
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or the
property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-discrimination
policies.
• The employee committed a violation of the City's Ethics Policy.
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• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
E. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with a member/employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they have
a reasonable belief that discipline (a written reprimand or higher) could result. Should
information be made during a conversation to attempt to resolve an issue that could
result in discipline, the supervisor will stop the meeting and utilize an investigatory
process as outlined below. Any interview becomes investigatory when facts or
evidence sought by the City may result in a disciplinary action.
1. The City may, at its discretion, either conduct investigatory interviews with
members/employees or issue members/employees written questions. In either
case, a Notice of Inquiry (NOI) form will be used. The intent of the NOI is to clearly
put members/employees on notice that they are under investigation that could
result in discipline, inform them of the nature of the allegations against them, and
inform them of their right to representation.
2. If the City elects to issue written questions to the member/employee, the following
shall apply:
a. If an NOI is being issued and there is no active questioning, representation
is not required. Members/employees may bring a representative if they
desire, however there will be no discussion during the issuance of the NOI.
b. The member/employee will have 72-hours excluding holidays and N-days
to respond in writing and provide any other material requested. This
deadline may be extended by mutual agreement if there are extenuating
circumstances.
3. If the City elects to conduct an investigatory interview, the following shall apply:
a. Prior to the member/employee being interviewed, the member/employee
shall be advised of their right to a representative.
b. The NOI form will be issued at the meeting.
c. The union representative may assist and consult with the
member/employee, attempt to clarify the facts or questions asked, and
suggest other members/employees or witnesses who may have
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knowledge of the underlying issues. The union representative cannot
speak on behalf of the member/employee or impede the progress of the
interview.
d. The member/employee or representative may ask for a caucus during the
meeting. Caucuses will be granted for a reasonable timeframe.
e. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the member/employee. The
member shall be allowed to seek advice from their representative in
caucus during the interview. A caucus will not be permitted when a
question is pending. The member/employee will be given the opportunity
to clarify their answer after the caucus.
f. All parties may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.
g. Prior to the conclusion of the meeting, the member/employee or
representative shall have the opportunity to make a closing statement.
h. If the department requires a written statement at an investigatory meeting,
the member/employee will be compensated up to one hour of City time to
write the statement. Additional time may be granted at the discretion of the
department and will not be withheld arbitrarily.
i. The member/employee will be provided with a copy of the interview notes
and given 72 hours to confirm their answers and provide any additional
information.
j. Except for emergency situations, the unit members/employees shall have
a minimum of 48 hours to arrange for union representation when the
member/employee is the subject of an administrative investigatory
interview. The union representative will make every reasonable attempt to
arrive within the 48 hours. A member/employee may waive the 48-hour
time requirement if the member/employee is not opting for representation.
4. Regardless of whether the City elects to interview the member/employee, or
issue written questions, the following shall apply:
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a. The member/employee will be instructed not to speak to anyone regarding
an investigation. This restriction does not apply to the union, the union’s
attorney, the member/employee’s family, the member/employee’s
attorney, the investigator, or chain-of-command.
b. The member/employee will be advised if the inquiry is supervisor initiated
or the result of a citizen complaint, employee/co-worker complaint, or
other.
c. The member/employee shall also be informed of the Garrity protections
afforded to public employees who may also be under criminal investigation
or whose actions meet the elements of a crime [Garrity v. New Jersey,
385 U.S. 493, 87 S.Ct. 616 (1967)].
d. A unit member/employee shall receive a copy of any statement that they
are asked to sign.
e. Every 60 days, a unit member/employee under investigation or their
designated representative may request a status update. At management’s
discretion, the status will be provided either verbally or in writing.
5. Miscellaneous
a. A unit member/employee identified solely as a witness will not be
prevented from contacting the union (association) on their own time to
consult with a union (association) representative prior to their interview.
b. No investigatory documentation, such as the NOI or witness statements
shall be kept in the Personnel or Supervisory Files after the investigation
is concluded.
6. Unit members/employees will be permitted to apply and/or compete in a transfer
process while in a pending investigation. The transfer process will not be delayed
pending the conclusion of the related investigation.
7. A member/employee who receives a written reprimand or suspension may
request a copy of the information upon which the written reprimand or
suspension was based, pertaining to what was specifically cited in the discipline
at no cost to the member/employee.
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8. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the member/employer to count as time
worked, any hours or fractions of hours spent outside the member/employee's
work shift in pursuit of benefits provided by this Article unless otherwise specified
in this MOU. The employer shall count as time worked any hours or fractions of
hours spent within the member/employee's regular work shift in pursuit of
benefits provided by this Article.
F. Member Discipline
Any member receiving discipline that results in a loss of hours, or days or work, will
have those hours converted to match their appropriate work schedule. Discipline for
40-hour members shall be equal to 8 hours for one work day. Discipline for 56-hour
members shall be equal to 11.2 hours for one work day. Any discipline exceeding
one day will be increased proportional to the hours outlined in this section.
Section 1-5. Prohibition of Strikes and Lockouts
A. The Union pledges to maintain unimpaired Fire Fighting and related supported
services as directed by the Fire Chief. It shall not cause, condone, counsel or permit
employees, to strike, fail to fully and faithfully perform duties, slow down, disrupt,
impede or otherwise impair the normal functions and procedures of the Department.
B. Should any employees of the bargaining Unit during the term of this Memorandum,
and until such time that it is expressly and legally rescinded, breach the obligations
of Paragraph A, the Fire Chief or his designee shall immediately notify the Union that
a prohibited action is in progress. The Union shall forthwith disavow said strike or
other prohibited action and shall endeavor in good faith to cause such employees to
immediately return to work and/or cease the prohibited activity or, alternatively accept
the responsibility for the strike or other prohibited activity.
C. There shall be no lockout by the City during the term of the Memorandum.
D. The provisions of Section 2 (17) and section (13) of Ordinance G-1532, are
incorporated into this Memorandum.
Article 2: Grievance/Arbitration/Labor Management
Section 2-1. Grievance Procedures
Page 411
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.
A. Informal Resolution
1. As a matter of good labor-management relations the parties encourage unit
members/employees who believe that they have a bona fide grievance to discuss
and attempt to resolve it with their immediate non-unit supervisor.
2. If the above informal discussion is held and does not resolve the grievance, the
unit member/employee may file a formal grievance in accordance with the
following procedure.
B. Definition of Grievance
1. A grievance is a written allegation by a unit member/employee, submitted as
herein specified, claiming violation(s) regarding the interpretation and/or
application of the specific express terms of this Memorandum for which there is
no other specific and formal method of review; and doesn’t have a fact pattern
that has been presented to and decided upon by the City Manager in a prior
grievance. However, disputes specifically excluded in other Articles of this
Agreement from the Grievance and Arbitration procedure shall not be construed
as within the definition set forth above and shall not be handled in accordance
with this procedure. It is agreed that such excluded disputes are not grievable or
arbitrable under the terms of this Article or under this contract.
2. The City continues to retain the format used for grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall
be null and void, and will not be processed in accordance with this procedure.
C. Procedure
All grievances covered by this Article shall be handled exclusively in the following
manner:
A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
1. Step 1
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The unit member/employee shall reduce the grievance to writing by signing and
completing the grievance form provided by the City and submit it to the division head,
or designee, within 14 calendar days of the initial commencement of the occurrence
being grieved.
The division head, or designee, may investigate, further consider, and discuss the
grievance with the grievant and the grievant's representative, if any, as deemed
appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. The parties by written
mutual agreement may move the grievance to Step 2 of the grievance procedure.
2. Step 2
If the written response of the Step 1 does not result in a resolution of the grievance,
the grievant may appeal the grievance by signing and completing the City form and
presenting it to the department head, or designee within 14 calendar days of the
grievant's receipt of the Step 1 response.
The department head, or designee, may further consider and discuss the grievance
with the grievant and the grievant's representative, if any, as deemed appropriate,
and shall, within 14 calendar days of having received the written grievance, submit a
response thereto in writing to the grievant. The parties by written agreement may
move the grievance to Step 3 of the grievance procedure.
3. Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The
grievance, as originally written and Step 1 and Step 2 responses, must be submitted
to Labor Relations within 14 calendar days of receipt of the Step 2 response. Labor
Relations shall, within 14 calendar days of the receipt of the grievance, meet with the
department head, or designee, and the grievant and the grievant's representative, if
any, in an attempt to resolve the grievance. Labor Relations shall then submit a
written response to all parties within 14 calendar days of the meeting.
4. Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in a
resolution of the grievance, the grievant may, within 14 calendar days of the
Step 2 response, appeal the grievance by signing and completing the City form
and presenting it to Labor Relations. A Grievance Committee hearing will be
scheduled at which the grievant shall be afforded the opportunity to fully
present his position and to be represented.
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The Grievance Committee shall be composed of:
Chairman – A member of the City Manager’s Office designated by the City
Manager.
2 Members – Mutually agreed upon by City Manager’s Office and Local 493.
The Grievance Committee shall submit findings and advisory
recommendation(s) to the City Manager. The City Manager shall make the
final determination of the grievance and submit it in writing to the grievant and
his designated representative.
b. If the grievant so elects in writing within the above time limit, in lieu of such
hearing the grievance may be reviewed by an arbitrator. The parties, or their
designated representatives, shall agree on an arbitrator, and if they are unable
to agree on an arbitrator within a reasonable time, either party may request
the Federal Mediation and Conciliation Service to submit to them a list of 7
arbitrators who have had experience in the public sector. The parties shall,
within 7 calendar days of the receipt of said list, select the arbitrator by
alternately striking names from said list until one name remains. Such person
shall then become the arbitrator. The arbitrator so selected shall hold a
hearing as expeditiously as possible at a time and place convenient to the
parties, and shall be bound by the following:
i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering
any issue properly before him/her.
ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other
issue not so submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City law.
iv. The cost of the arbitrator and any other mutually incurred costs shall be
borne equally by the parties.
The arbitrator shall submit findings and advisory recommendations to the
City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and his designated
representative.
c. The City is not under any obligation to accept grievances where the City
Manager has previously decided on the same fact pattern.
D. Time Limits
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Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.
E. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.
F. Group Grievance
When more than one unit member/employee claims the same violation of the same
rights allegedly accorded by this Memorandum, and such claims arise at substantially
the same time and out of the same circumstances, a single group grievance may be
filed in the name of all such members. Such group grievances shall be filed at the
Step of this Procedure which provides the lowest level of common supervision having
authority over all named Grievants. Each unit member/employee that is a party
Grievant must be named and must sign such group grievance.
G. Employer Grievances
Should they occur as a result of official Union activities or actions, including the failure to
act as required under the terms of this Memorandum, employer grievances will be
presented directly to the Union president or any officer of the Union within 14 days of the
occurrence prompting the grievance. The president, or designee, shall in each case
provide a written answer within 14 days from receipt of the grievance. Unresolved
employer grievances may be submitted to arbitration pursuant to Step 3.
Section 2-2. The RBO / Labor-Management Process
A. The purpose of the Relationships by Objectives (RBO) committee is to enhance
service delivery models and address public safety employee-related issues. The
RBO process is done through the facilitation and open discussion of mutual concerns
and problems which may include; implementation of major department programs
and/or substantial modifications of existing major programs that will have a significant
impact on service delivery or work schedules. Items of concern are then enacted as
initiatives to be in accomplished over the course of the year that follows.
B. The RBO Committee shall meet annually at mutually scheduled times, and at other
mutually agreed upon times as necessary. The RBO Committee process consists
of a Correlating Team. The Correlating Team includes the following representatives
Page 415
from Labor and Management: the Fire Chief and Executive Staff (Assistant Fire
Chiefs) and the Union President and Labor Executives. For each initiative mutually
identified in the RBO process, a Committee is established consisting of
representatives from labor and management and facilitated by co-chairs. Sub-
committees are further developed to facilitate meetings to achieve goals as set forth
in the agreed upon initiatives. Throughout the year, Committees and Sub-
Committees will meet regularly to accomplish their RBO initiatives.
C. There shall be a Fire Labor-Management Committee consisting of the Fire Chief and
Union President. The Fire Labor-Management Committee provides oversight for the
entire RBO / Labor-Management Process.
D. A standing agenda will be developed. The members shall, in advance of a meeting,
provide the co-chairs with proposed additional agenda items, and the co-chairs will
provide the members with the meeting agenda.
E. Representatives of the Union on the Committee shall not lose pay or benefits for
meetings mutually scheduled during their duty time.
F. The Sub-Committees may be supplemented by representative(s) of the City Manager
if it is proposed to discuss mutual aid or fire protection contract matters.
G. The Sub-Committees may, if they deem proper, suggest recommendations to the
Fire Chief and the City Manager for their consideration and determination.
H. Employees who are designated by the Fire Labor-Management Committee as
RBO/Labor Management Coordinators will be eligible for compensation from a bank
of 2,112 hours. These individuals, limited to no more than 11 employees, will work
with management on the priorities determined through the RBO (Relationships by
Objectives) process. These initiatives pertain to enhancing operational efficiencies,
service delivery, and improvements to employee safety and organizational
performance.
I. It is understood by the parties that the benefits granted by Section 2-2 of Article 2
shall not be interpreted or applied as requiring the employer to count as time worked
any hours or fractions of hours spent outside the employee's work shift in pursuit of
benefits provided by this Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.
J. The City will provide the professional services of a secretary for the labor-
management process. The secretary will be assigned to the community affairs
division of the Phoenix Fire Department and will work at the direction of the Fire
Labor-Management Committee. The selection process for this position shall be
determined by the Fire Labor-Management Committee.
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K. In the interest of encouraging member total wellness and providing customer service
delivery, the City of Phoenix Fire Department and Phoenix Fire Fighters Association
Local 493 will develop a drug testing policy through the Fire Labor/Management
process. The drug testing program will be administered and managed by the Fire
Department.
Section 2-3. Productivity Discussions
A. Recognizing the need to provide the highest practical level of fire protection and
emergency medical service to the citizens of Phoenix, the City, Fire Department, and
Union, pledge to continue to work towards increasing the productivity of the Phoenix
Fire Department. In a continuing commitment towards increased productivity, the joint
Labor-Management Productivity Committee shall meet on a regular basis during the
term of the M.O.U. to discuss the development of structured productivity programs
within the Phoenix Fire Department.
B. The distribution of any demonstrated economic savings or other productivity
rewarding measures resulting from the implementation of productivity programs shall
be a proper subject for the Meet and Confer process pursuant to Ordinance G-3303.
C. It is understood by the parties that the benefits granted by Section 2-3 of Article 2
shall not be interpreted or applied as requiring the employer to count as time worked
any hours or fractions of hours spent outside the employee's work shift in pursuit of
benefits provided by this Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.
Article 3: Compensation/Wages
Section 3-1. Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This
will be paid out as follows:
1. A 0.82% base wage increase effective the first full pay period in July 2023.
2. A $5.00/hr. “Nightwork Pay” (see Section 3-1.J)
3. An increase in the monthly contribution to the Employee Benefit Trust Fund
(see Section 5-10)
4. An expansion of the Tuition Assistance Program benefit (see Section 5-7).
Page 417
B. Additionally, Unit 5 employees will receive a non-continuous payment of
$3,979.00 for each Unit 5 employee to be paid out on the first full pay period in
August of 2023.
C. The City will complete a classification and compensation study before
December 31, 2023.
The City will evaluate the American Rescue Plan Act and will provide a (non-specified)
percentage of premium pay as allowed by the legislation and deemed appropriate by
the City Council, balancing the needs of the community and employees in their
development of a strategic plan for the ARPA funds. The strategic plan will follow
guidelines provided by the Department of Treasury. This language will expire at the
conclusion of the 2021-2023 MOU.
D. Employees assigned to, or assigned as rovers to, Special Operations Teams, canine
search specialists team, and the ARFF program team, and who have also achieved
and maintained the level of Technician, or equivalent, through specific training and
education, shall receive Special Ops Team pay. Members certified in both hazmat
(HMT) and technical rescue (TRT) and assigned to, or assigned as rovers to fill cross
trained positions on the heavy rescue squads and/or C-957 shall receive Bi-Tech
Team pay, which is the sum of HMT & TRT Special Ops Team pay combined.
An employee who is awarded a position on a team in this section shall receive their
Team Pay no later than 6 months, if the Fire Department has not offered the employee
a training spot in the required entry level Special Operations course within 6 months
of accepting their team position.
If Employees who are required to obtain dual technician certification (C957
Captains and employees assigned to heavy rescue squads) do not have either
team pay and employee has not been offered a training spot in the required
entry level Special Operations course within 6 months of accepting their
assignment, they will receive team pay for one of the two disciplines. If the
employee has one technical certification in good standing and is receiving team
pay, the member will receive assignment pay for the second discipline if the
employee has not been offered a training spot in the required entry level
Special Operations course within 6 months of accepting their team position.
E. Effective July 14, 2008, employees who meet the Fire Department’s linguistic skill
qualifications and become certified, shall receive a premium of $75.00 per month.
F. It is understood that the pay rates set forth in Attachment “A” are interpreted to be
specific with regards to steps, corresponding years of service and monthly salaries,
except that performance related items including, but not limited to, special merit
increases, special salary adjustments, demotions, assignment pay and extensions in
merit pay anniversary dates resulting from extended leave without pay, industrial and
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light duty assignments, and reinstatements may alter an employee’s step progression
and monthly salaries as indicated in Attachment “A.”
If an employee is not given his/her performance evaluation by the annual review date,
the employee may request his/her merit increase in writing by sending a memorandum
directly to the Human Resources Officer. If the performance evaluation is an overall
“met,” the request will be processed within 21 calendar days of submittal and will be
retroactive to the performance evaluation annual review date.
G. Employees assigned by the Fire Chief to staff assignments in authorized staff
positions (40 hours) will be entitled to 10% assignment pay if such assignment is to
exceed 2 consecutive pay periods, and shall continue to receive such assignment pay
for the duration of such assignment. This provision shall not apply to employees
attending recruit training or employees assigned to limited duty. Employees assigned
to authorized 40 hour staff assignments and who begin receiving staff assignment pay
shall also be eligible to continue all other current assignment pays provided all
required certifications are maintained. Employees assigned to limited duty shall
continue to receive holiday pay and FLSA/work week adjustments (Section 4-1,
Paragraph E, of Article 4) for the duration of their limited duty assignment, irrespective
of their actual work hours.
H. Employees assigned to any 40 hour staff positions shall receive 2 8 hour or 10 hour
professional development days per year depending on their schedule. The employee
shall decide the days and areas of development. These days shall be assigned
through the vacation signup process. No employee shall receive these days in addition
to the full amount of Local 493 days.
I. The Fire Department's 21-day pay schedule normally begins on C-shift Mondays. In
any leap year, ERSO, South Shift Command, Payroll and Local 493 will identify the
first and most appropriate "Payroll Monday" to switch to a leap year schedule. The
following is the schedule that will be utilized for the coming leap year in 2024:
• Friday, February 16, 2024 (C-Shift Works)
• Saturday, February 17, 2024 (A-Shift Works)
• Sunday, February 18, 2024 (B-Shift Works)
• Monday, February 19, 2024 (C-Shift would normally be scheduled, however,
C-Shift will be converted to A-Shift to coincide with the 21-day pay schedule
and resume the normal ABC shift rotation)
• Tuesday, February 20, 2024 (B-Shift Works)
• Wednesday, February 21, 2024 (C-Shift Works)
J. Effective the first full pay period in July 2023, Unit 5 employees shall be paid
Nightwork Pay of $5.00 per hour on all hours actually worked between 2200
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hours and 0600 hours. No employee shall receive the hourly Nightwork Pay
while on paid leave.
Nightwork Pay must be accounted for in base wage computations for the
purposes of any and all classification and compensation studies and
comparisons.
The parties agree to evaluate this program during the term of the 2023-24
M.O.U.
Section 3-2. Productivity Enhancement Pay
A. In recognition of the significant increase in service delivery and cost savings to the
implement the following Productivity Enhancement Pay formula for employees:
1. In November of each calendar year and June of each calendar year, employees
who have completed at least 7 years of continuous full-time service and who meet
the additional qualifications specified in Section 3-1A of Article 3 shall be paid
$80.00, pro-rated and included each pay period in the qualifying unit
member’s/employee’s regular pay check throughout the year, for each full year of
continuous full-time service in excess of 5 years, up to a semi-annual maximum
of $2,000.00, annual maximum of $4,000.00 at 30 years.
2. Employees on industrial leave shall qualify for this payment for only the first year
of the industrial leave. However, the entire period of industrial leave shall qualify
as continuous service when the employee returns to active employment.
3. Adjustments to payments will be made as soon as possible but no later than 30
days of the qualifying date.
B. An employee must have achieved the overall performance rating of "meets
standards" on his latest scheduled performance evaluation on file in the Human
Resources Department.
C. An employee who receives a below "meets standards" evaluation shall receive
another evaluation within 90 to 120 days, and if that evaluation is "meets standards,"
he will be eligible for Productivity Enhancement Pay starting with the next qualifying
date.
Section 3-3. Overtime
A. Employees who are assigned to be and are on duty beyond their scheduled work
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shift shall be compensated for such assigned overtime work at 1 ½) times their
regular rate, 56 hours or 40 hours, after the first 7 minutes of assigned and worked
overtime calculated to the nearest 1/4 hour.
B. Employees shall have the option of being paid in cash for overtime, or allow the
overtime to accrue as compensatory time up to a maximum of 168 hours for
employees working a 56 hour schedule, or 120 hours for employees working a 40
hour schedule.
C. Overtime compensation shall not be paid twice for the same hours worked.
D. Use of compensatory time shall be in conformance with the requirements of the Fire
Chief and shall take into consideration departmental scheduling and operational
factors.
E. Payment for time worked shall be in conformance with the requirements of the Fire
Chief and shall take into consideration departmental scheduling and operational
factors.
F. The provisions of Section 3-2 of Article 3 shall not apply where an employee is
assigned out-of-class to a non-Unit position.
G. Allocation and opportunities for overtime shall be discussed in the
Labor/Management process.
H. Fire department “peak time” rescues will only be staffed by employees on an overtime
basis. This item reflects an agreement between the Fire Department and the Union
in 1984 on the future staffing of the rescues. The increased work-load and
responsibility of the full time rescues was incented by agreement that there would be
overtime opportunities on peak time rescues. Further, the department was
reorganized through the RBO process in 1993 to enhance ALS and rescue
capabilities throughout the city. This reorganization included a pool of employees to
staff back rescues and guarantee that no new employee would have to work more
than 200 shifts on a rescue. Employees agreeing to be in this pool are then entitled
to work on the peak time rescues on an overtime basis when their name comes up
in a rotation.
Section 3-4. Call Out Pay
A. Call out time shall be at a minimum of 3 hours at 1 ½ times the employee’s regular
rate of pay, 56 hours or 40 hours depending on assignment, after the first 7 minutes
calculated to the nearest 1/4 hour. If a unit member/employee leaves a call out event
without authorization prior to the termination of the event, Section 3-2A of Article 3
shall not apply.
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B. The provisions of this Section shall not apply where an employee is assigned out-of-
class to a non-Unit position.
Section 3-5. Out-of-Class Pay
Pursuant to A.R. 2.201, 16 hours of out-of-class work on a shift for employees will
constitute a full shift of out-of-class assignment pay. There will be no out-of-class pay for
working less than 16 hours.
In order to qualify to be eligible to receive out-of-class assignment pay, employees must
complete 8 shifts of out-of-class assignment (16 hour minimum to constitute a full shift).
As an alternative for qualifying only, 192 hours of out-of-class assignment shall satisfy the
minimum qualifications required to become eligible for out-of-class pay. For the purpose
of the 192 hour qualifier, out-of-class hours must be in increments of no less than 7 hours.
Employees on a 40 hour schedule will complete 11 shifts, 6 hours minimum of out-of-
class assignment, to satisfy the minimum qualifications for out-of-class pay.
Section 3-6. Sick Leave Conversion at Retirement
The following benefit will apply:
A. Definitions
1. "Qualifying Hours" - The minimum number of accrued and unused sick leave
credits existing on the last day of service prior to retirement, which are necessary
before an employee can participate in the benefit program.
2. "Base Number of Hours" or "Base Hours" - The number of hours of accrued and
unused sick leave credits which are uncompensated under Section 3-4 of Article
4 which the City will compensate the employee.
3. "Base Hourly Rate" - The base hourly rate of pay being paid at the time of
retirement to the retiring employee who qualifies for participation in the benefit
program.
B. Benefit and Eligibility
1. An employee that has between 1 – 1,259 hours of sick leave remaining in their
sick leave bank at the time of retirement, or the 40 hour equivalent, shall be
eligible for payment of an amount of compensation equal to his/her base wage for
50% of their hours.
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2. An employee who has accumulated a minimum of 1,260 qualifying hours or more
of accrued and unused sick leave at the time of retirement, or the 40 hour
equivalent, shall be eligible for payment of an amount of compensation equal to
his/her base hourly rate for 65% of their sick hours.
3. An employee who has accumulated a minimum of 1,800 qualifying hours or more
of accrued and unused sick leave at the time of retirement, or 40 hour equivalent,
shall be eligible for payment of an amount of compensation equal to his/her base
hourly rate for 80% of their sick hours.
4. An employee who has accumulated a minimum of 2,400 hours, or the 40 hour
equivalent, or more of accrued and unused sick leave at the time of retirement
shall be eligible for payment of an amount of compensation equal to 100% of
his/her base hourly wage for all hours.
5. Effective July 1, 2014, and thereafter, an employee who has accrued at least 1286
hours for 56 hour members, or 919 hours for 40 hour employees, of unused sick
leave may elect to have 168 hours for a 56 hour unit member/employee, or 120
hours for a 40 hour unit member/employee paid out in a lump sum. Any unit
member/employee may only elect to exercise this benefit 3 times in their career,
and not more than one time in a fiscal year. Eligible employees may elect to buy
back their hours between July 1 and the last pay period in January each fiscal
year.
6. The payments described in numbers 1 through 5 above are not considered Final
Average Salary for purposes of pension calculations.
C. Administration
1. At the time of retirement or death of an active employee who is eligible for
retirement, the City's Employee Benefits Division, or such other individual or
agency as the City may designate, shall determine the employee’s eligibility and
the amount of accrued and unused sick leave to be compensated.
2. The employee shall verify in writing the computation of the Employee Benefits
Division.
3. In the event an employee’s eligibility for participation or the amount of
compensation is disputed, the dispute shall be submitted to the City Auditor for
resolution.
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Section 3-7. Deferred Compensation and Defined Contribution Plans
A. The City shall contribute an amount equal to 4.42% of each employee’s biweekly
gross pay to the City’s 401(a) Defined Contribution Plan. Pension contributions will
be made by both the City and the employee on the contributions.
B. At the employee’s separation, for either retirement or exiting the Deferred Retirement
Options Program, the employee’s sick leave payout amounts will be automatically
contributed into the City’s 401(a) plan. Any excess amount over the Internal Revenue
Code 401(a) plan contribution maximum limits will be automatically contributed into
the City’s 457(b) plan. Any portion of the excess amount that cannot be contributed
to the 457(b) plan because of Internal Revenue Code 457(b) plan contribution
maximum limits will be paid as taxable income. The 401(a) Plan Document as
approved by the Deferred Compensation Board will be the governing document.
Section 3-8. Non-Direct Payment of Compensation or Benefits
Various sections of this MOU contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit member/employee have been negotiated in
place of a direct payment and costed as part of the overall economic package. Examples
include: life insurance, long term disability insurance, leave payouts, member donated
release time, etc.
Article 4. Hours of Work/Working Conditions
Section 4-1. Hours of Work
A. The duty hours for employees assigned to Operations or Emergency Services,
excluding 40 hour staff assignments, shall continue to average 56 hours per week.
Shifts shall continue to be 24 hours in duration.
B. The work hours and schedule of employees assigned to an administrative staff
assignment (Non-Operations/56-hour schedule) shall be 5 8 hour days (excluding
authorized meal breaks), or 4 10 hour days (excluding authorized meal breaks) at the
discretion of the Fire Chief.
C. The work hours and schedule of employees assigned to the Fire Investigations
Section may only be mutually changed by the Fire Chief and the Union President
through the Labor-Management process. Fire Investigation employees will be
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assigned to one of two 40-hour schedules that may include a 4/10 or a modified A,
B, C shift schedule. All schedules will equal a 40-hour work week. All Fire
Investigators, regardless of schedule will be paid overtime at the 40-hour rate.
Fire Investigation employees assigned to the modified shift schedule will be required
to work on City paid holidays when their regular schedule shift occurs on that day.
Those employees required to work on a City holiday as a result of the shift schedule
will receive pay in lieu of time off. The Fire Department shall continue its long-standing
practice of using sworn Fire Captains as Fire Investigators.
The Fire Department will attempt to maintain staffing levels of the Investigations
Section, in order to provide for investigatory needs of the Department. Any future
proposed staffing level recommendations will be discussed through the
labor/management process. A maximum of one vacation shift will be allowed per shift
for those employees assigned to the modified A, B, C shift schedule, unless pre-
approved by department head or designee.
D. When an employee is required to change from one type of a schedule to another by
the Fire Department, the Department shall allow a minimum of 16 hours between
tours of duty.
E. The work week for employees on a 56 hour schedule shall be 53 hours. Employees
will continue to work the existing 56 hour schedule. Employees working the existing
56 hour schedule will be compensated as follows:
1. The first 53 hours will be paid at the base 56 hour rate.
2. The 54th hour will be paid at 1 ½ times the regular hourly rate.
3. The 55th and 56th hours will be paid at 2 times the base 56 hour rate.
F. Employees attending a Department Sponsored Training Programs or courses may
be placed on one of two optional training schedules, based upon Operational,
Training, and budgetary considerations:
Schedule 1. Employees may be placed on a 40-hour work week schedule and be
entitled to a 10% increase in pay in accordance with Section 3-1 (H) of this
Memorandum of Understanding. Employees shall be paid on a 40-hour work week
until completion of the respective Training Program. In the event an employee
attending the Training Program does not receive their regular Local 493 Days (as per
Section 3-1 (I) of this Memorandum of Understanding), any missed Local 493 Days
will be re-scheduled prior to the employee’s return to the Operations Division.
Schedule 2. Employees may remain on their normal Operations schedule (A, B, or
C Shift) and be provided paid Fire Department leave to attend the Training Program
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when their training is scheduled on shift. When members are required to attend
training on their days off, employees will be compensated at 1 ½ times their regular
rate for the hours they are in attendance. Compensation and Local 493 Days will
remain the same as any other employee assigned to a 56-hour work week. The
decision to utilize Schedule 1 or 2 will be discussed in a labor/management setting.
G. Each 56 hour unit employee shall receive 4 shifts off per year, referred to in this MOU
as Local 493 days. This will allow for an hours reduction without specifying a specific
number of hours in this reduction or reducing current rates of pay, FLSA, or hours
reduction pay as specified in Section 4-1, Paragraph E, of Article 4. The rotation
system shall be worked out between the Fire Chief and the Union President with the
consent of the Labor Relations Division. These Local 493 Days shall be awarded
based on total seniority as a sworn member of the Fire Department. Unit 5
employees may submit a request to work a Local 493 day. Management may
hire members to work a Local 493 day in the event the constant staffing
process is utilized to meet minimum staffing requirements. Employees who
work a Local 493 day must work the entire 24-hour shift and shall be
compensated at a rate of one and one-half (1½) times their regular rate of
compensation, in addition to their regular pay. Employees shall have the option
of being paid cash or allow the compensation to accrue as compensatory time
as governed by the current MOU.
Section 4-2. Shift Trades
Two (2) employees serving in the same classification may be granted the opportunity to
exchange shifts up to a maximum of 45 such exchanges per employee in a contract year.
Shift exchanges shall not qualify an employee for premium overtime payment and cannot
be repaid in any other form of compensation. All employees seeking shift exchanges
(AWRs) must be current with all certifications and required training before being approved
for the exchange. All shift exchanges are subject to the approval of the Fire Chief or
his/her designee and shall be in conformance with regulations issued by the Fire Chief.
Section 4-3. Filling Vacancies
The Fire Chief will endeavor to permanently fill vacancies in regular positions, that are
duly authorized to be filled, expeditiously within limitations imposed on him by
administrative and operational factors, and thereafter, consistent with applicable Civil
Service Rules, based on length of service by classification when fitness and qualifications
of interested employees for the particular vacancy are deemed to be equal by the Fire
Chief. When requested, departmental management shall indicate the reason why an
employee was or was not transferred into a vacancy as part of Labor-Management
Committee proceedings. "Vacancy" hereunder is defined as a regular opening in any
position created by death, retirement, dismissal, promotion, demotion, creation of a new
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regular position or transfer, provided, however, that with the filling of staff positions, all
applicants shall be considered, and the Fire Chief shall make the final determination.
Article 5. Benefits
Section 5-1. Health Insurance
A. The City and Union agree to maintain the current 80/20 split for health insurance for
both single and family coverage. If there is a rate increase or decrease in the second
year of this M.O.U., the City shall pay 80% of the new monthly contribution and the
employee will pay 20%.
B. In the event Congress or the State of Arizona passes legislation which considers the
amount the City contributes to health insurance premiums as imputed income, then
the City will consider such contribution as income to the employee.
C. The City shall provide the Basic Medical Reimbursement Plan (MERP) benefits to
MERP eligible Unit retirees and to those employees who are hired before August 1,
2007 and are eligible to retire no later than August 1, 2022 at no less than $202.00
per month. The City also contributes an additional $50 toward City retiree family
medical coverage; this credit is applied directly to the retiree’s premium deduction.
Any employee hired on or after August 1, 2007, regardless of years of service, may
qualify for a Post Employment Health Plan (PEHP) account.
D. Additional MERP amounts will be paid to eligible retirees for the following
categories:
RETIREE COVERAGE – RETIREE NOT ON MEDICARE
ADDITIONAL MERP AMOUNTS
Retiree or Survivor Retiree or Survivor
Retiree or Survivor
w/family coverage – with family coverage
Only NOT on
any dependent NOT – all dependent(s)
Medicare
on Medicare ON Medicare
HMO OR PPO
$105 $325 $210
COVERAGE
RETIREE COVERAGE – RETIREE ON MEDICARE
ADDITIONAL MERP AMOUNTS
Retiree or Survivor Retiree or Survivor
Retiree or Survivor w/family coverage – with family coverage
Only - ON Medicare any dependent NOT – all dependent(s)
on Medicare ON Medicare
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HMO OR PPO
$90 $195 $185
COVERAGE
These MERP amounts are what the City agrees to pay. It is solely at the discretion
of the City Manager to increase these amounts in the future.
E. No more than one time per calendar year, the City will provide Unit 5 mutually
agreed upon healthcare data within a reasonable time, once requested.
Section 5-2. Dental Insurance
A. The dental insurance plan shall consist of 80% payment of reasonable and customary
charges covered for preventive and diagnostic services, basic services, and major
services. The plan shall also include an orthodontia benefit providing for 80%
payment of reasonable and customary charges up to a maximum lifetime benefit of
$2,500.00 per person, maximum lifetime benefit increases to $4,000.00 per person
effective August 1, 2003. This plan is subject to the deductibles and limitations
contained in the contract between the dental insurance carrier and the City of
Phoenix. The City shall continue to pay 100% of the premium costs for single
employees for employees enrolled in the base dental HMO or PPO plan (employee
only coverage), and 75% of the premium costs for employees and their qualified
dependents (family coverage). Enrollment in prior City of Phoenix Dental Plans
counts towards major services time limit exclusions.
B. In the event Congress or the State of Arizona passes legislation that considers the
amount the City contributes to health insurance premiums as imputed income, then
the City will consider such contribution as income to the employee.
Section 5-3. Life Insurance
A. The City will continue the existing off the job and on-the job life and dismemberment
insurance coverage. The policy shall provide a benefit for each employee equal to
the member’s base annual salary. In addition, the City will continue the existing death
in the line of duty insurance of $75,000.00. Additionally, the City will provide to each
employee a $200,000.00 death benefit covering the employee’s commutation to and
from his City work location. This policy will cover the employee’s commute for up to
2 hours before his shift begins, and 2 hours after his shift concludes.
B. In the event of the death of an employee while commuting to or from his work location,
for a period of 2 hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. This policy will be
consistent with the payment of a supplementary commutation life insurance policy for
each employee.
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Section 5-4. Long Term Disability Insurance
The City will offer a long-term disability benefit for all full-time, regular unit
members/employees pursuant to A.R. 2.323 as may be amended (providing that such
amendments shall not be in conflict with the MOU). Employees who have been
continuously employed and working on a full-time basis for twelve consecutive months
are eligible to apply for long term disability coverage. After an established 90 calendar
day qualifying period, the plan will provide up to 66 2/3% of the employee's basic
monthly salary at the time disability occurs and continue up to age 75 for employees
who have been employed full-time for 36 months and one day. This benefit will be
coordinated with leave payments, industrial insurance payments, unemployment
compensation, social security benefits and disability provisions of the retirement plan.
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than 30 months.
Section 5-5. Holidays, Vacations, and Donated Vacation Leave
A. Bank of Donated Leave
1. Each unit member/employee may complete a form to voluntarily donate vacation
leave time for a specified number of hours, not to exceed the maximum number
of hours as noted in Section 5-5, Subsection A, 3. These forms will be processed
on July 1, October 1, January 1, and April 1. The voluntary donation will continue
each subsequent year on the second paycheck in July, unless revoked by the
unit member/employee. This donated time is to be used by union officers and
representatives for Union-related activities as determined by the Unit 5 Union
President and Executive Board. It is recognized that all hours negotiated in lieu
of additional pay and benefits have been donated by the members of Unit 5 from
their bank of vacation leave. By filling out and submitting a voluntary donation
form, each unit member/employee is clearly and affirmatively consenting to the
donation of the stated number of hours from their bank of vacation leave.
2. The total hours donated by the members of Unit 5 will be considered the
maximum number of hours available for donated hours under Article 5, Section
5-5.
3. The maximum number of hours that may be donated by any Unit member is 100
hours per fiscal year.
4. Only members of Unit 5 may donate hours to the Unit 5 bank of hours; Unit 5
may only accept donated hours from Unit 5 members.
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5. No union member may use more than 120 hours of donated time during any one
pay period.
6. Donated time does count towards hours worked for overtime purposes.
7. Examples of work performed by representatives on member donated release in
support of the City include ensuring representation during administrative
investigations and grievance/disciplinary appeal meetings with management;
assisting unit members/employees in understanding and following work rules;
administering the provisions of the Memorandum of Understanding; organizing
and participating in charity functions within the greater Phoenix area to aid our
communities. Member donated release is also used for authorized
representatives to attend Union conferences, meetings, seminars, training
classes, and workshops so that representatives better understand issues such
as City policies and practices, conflict resolution, labor-management
partnerships, and methods of effective representation, or any other purpose
authorized by the President or Executive Board.
B. The City agrees to incorporate into the Memorandum the benefits provided under
Administrative Regulation 2.11 as amended, indicating the following holidays:
1. New Year's Day
2. Martin Luther King's Birthday
3. President's Day
4. Cesar Chavez Birthday (March 31)
5. Memorial Day
6. Juneteenth Day
7. Independence Day
8. Labor Day
9. Veteran's Day
10. Thanksgiving Day
11. Friday after Thanksgiving
12. Christmas Eve Day (6 hours for 56-hour employees and 4 hours for 40 hour
employees).
13. Christmas Day
Employees working a 56 hour schedule shall receive 12 hours pay or compensatory
time each holiday.
C. Employees will continue to receive holiday pay while on industrial leave.
D. Effective January 1, 1987, vacation accrual for employees with less than 5 years shall
be increased to 11.2 hours per month, or the 40 hour equivalent. Vacation accrual
for all other employees shall remain the same as currently authorized.
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E. Employees covered by this M.O.U. shall be permitted to sell back up to 80 hours total
per M.O.U. year of accrued vacation leave to the City at the employee's regular
straight-time hourly rate. This benefit shall not exceed a total of 80 hours and may
be used as follows: 40 hours on the last pay period in November and/or May of each
M.O.U. year. Employees will only be permitted to sell back an amount of accrued
vacation hours that would not result in their total bank of hours to drop below 150 or
210 hours, depending upon the work schedule.
F. Effective July 1, 2014, and thereafter, an employee who has accrued at least 312
hours, or 223 hours for 40 hour employees, may elect to have 252 hours of vacation
for a 56 hour unit member/employee or 180 hours of vacation for a 40 hour unit
member/employee paid out in a lump sum or converted into their comp bank. Any
unit member/employee may only elect to exercise this benefit 4 times in their career,
and not more than one time in a fiscal year. This payment is not considered Final
Average Salary for purposes of pension calculations. Eligible employees may elect
to buy back their hours between July 1 and the last pay period in January each fiscal
year.
G. Employees may donate accrued vacation leave to other City employees who are on
medical leave and who have exhausted all of their paid leave based on guidelines
contained in A.R. 2.144, with the understanding that no employee shall receive more
than 12 months of donated time.
H. Employees who have less than 40 hours vacation may buy up to 120 hours personal
leave. The cost of the personal leave shall be 110% of the employee’s base hourly
rate. Such personal leave use and purchase shall not impact positively or negatively
on the employee’s pension or any other benefits.
I. On the second paycheck in July 2019, and every year thereafter, every unit
member/employee will receive 8.5 hours of vacation time, in addition to their other
accruals, added to their vacation leave. This benefit will continue in perpetuity until
otherwise agreed upon in good faith, by Unit 5 and the City, through the Meet and
Confer process.
J. Military Leave
Pursuant to ARS 26-168, ARS 38-610, and A.R. 2.39, employees who are
members of the Arizona National Guard or the Reserves of the United States
Armed Forces, will be entitled to a leave of absence from their duties for a period
not to exceed 30 days in two consecutive years when they are engaged in ordered
annual training or to attend camps, maneuvers, formations, or armory drills under
orders of any branch, including the reserve or auxiliary. A day is defined as a shift
of work.
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Section 5-6. Uniforms
A. In lieu of the $135.00 per employee per year amount which was previously paid by
the City to the Fire Department for additional uniform items, employees will now
receive an equivalent annual uniform allowance amount of $129.75. Payment of this
uniform allowance will be made on or about August 1 of each MOU year. Such
payment will be made to cover the cost of uniforms, maintenance, and cleaning of
such uniforms.
B. New employees will receive the entire annual uniform allowance within 30 days of
the time they are directed to wear and maintain a uniform. The second uniform
allowance, received at the start of the next fiscal year, will be equal to 1/12 of the
annual uniform allowance for each month of the preceding fiscal period, starting with
the first month the employee was directed to wear and maintain a uniform, to the start
of the new fiscal year.
Prior to entering the Fire Academy, the Fire Department will furnish all new Firefighter
Recruits with the following:
• 3 long sleeve red shirts
• 3 short sleeve red shirts
(Recruits can select any combination of the long and short sleeve shirts noted
above – not to exceed a total of six red shirts)
• 3 pair of blue fatigue pants
• 5 blue physical training (PT) shorts
• 1 pair of blue sweatpants
• 1 red sweatshirt (seasonally dependent)
• 1 belt
• 1 pair of OSHA/ANSI approved work boots; and,
• All necessary PPE’s required to participate in Fire Academy functions.
The Fire Department will provide a full Class A dress uniform upon successful
completion of the Fire Academy and promotion to Firefighter to include the following:
• 1 approved Class A dress jacket complete with patches and full fitment
• 1 approved Class A dress shirt complete with patches and full fitment
• 1 pair of approved Class A dress pants
• 1 approved Class A dress hat
• 1 approved Class A dress tie
• 1 approved Class A belt
• 1 approved Class A pair of shoes
• All approved hardware required (badges/pins etc.) to complete the approved
Class A dress uniform; and,
• All necessary PPE’s required to participate in field functions.
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Additionally, any Captain RTO (Recruit Training Officer) or Firefighter Mentor
(Firefighter or Engineer) assigned to the Recruit Training Academy will be provided
a full Class A uniform (one time purchase) if the member has not already purchased
one.
Upon promotion to Fire Engineer or Fire Captain, the Fire Department will provide a
full Class A uniform to include the following:
• 1 approved Class A dress jacket complete with patches and full fitment
• 1 approved Class A dress shirt complete with patches and full fitment
• 1 pair of approved Class A dress pants
• 1 approved Class A dress hat
• 1 approved Class A dress tie; and,
• All approved hardware required (badges/pins etc.) to complete the approved
Class A dress uniform.
The Fire Department will provide a Class A uniform to the Unit 5 member as a “one
time only” purchase based upon whichever qualifying criteria previously listed is
initially met. Until all Unit 5 members have been provided a Class A dress uniform
by the Fire Department, no additional Class A dress uniforms will be issued to
members who have already received the benefit. Labor and Management will
continue to discuss funding options for additional Class A dress uniforms and the
implementation plan for the new uniform language outlined above.
Labor and Management will meet to discuss an implementation plan for the new
uniform language outlined above.
C. Employees who leave Department employment shall repay to the City the uniform
allowance equal to 1/12 of the annual allowance per month for each month remaining
in the fiscal year after the last day of the month in which the separation occurs.
Provided, however, that employees who retire after August 31 will not be requested
to repay any uniform allowance.
D. An employee who has been on extended leave (paid or unpaid) of 2 months or longer
shall have the next annual uniform allowance reduced by 1/12 of the annual
allowance for each month of extended leave.
Section 5-7. Tuition Reimbursement
A. Employees who participate in the Tuition Assistance Program shall be eligible for
tuition reimbursement pursuant to the following provisions:
1. The maximum sum reimbursable to employees each fiscal year shall be $6,500.
Page 433
2. To be eligible for any reimbursement, employees must have successfully
completed academic or training courses approved in advance by the Fire Chief
and the Human Resources Director and meet the requirements of A.R. 2.51 as
may be amended, provided such amendments are not in conflict with the M.O.U.
3. Unit members shall be allowed to use up to $1000.00 of their
reimbursement benefit for job-related seminars, workshops, and
professional memberships each fiscal year.
Section 5-8. Wellness, Health and Fitness
A. For each employee, the City of Phoenix shall contribute $2.00 per month to a fitness
fund to maintain and purchase fitness equipment for fire stations which has been
charged against Unit 5’s contract. The Fire Department will also contribute $2.00
each month per member to the fitness fund. The fund will be maintained by the City
and Fire Administration. The Health and Fitness labor management committee shall
oversee the funds and purchase equipment after reviewing input from all Fire
Department personnel.
B. The Phoenix Fire Department Honor Guard is a professional organization that
represents the Fire Department at official events, memorial services, and fire fighter’s
funerals. Through the work of the United Phoenix Fire Fighters Association, a
registered 501c-3 non-profit association (ID#866053047), the Honor Guard provides
public education and community service. . In order to help pay for the expenses
incurred by the Honor Guard members in the performance of their duties, the
City will contribute twenty-five thousand dollars ($25,000.00) into a fund for
each M.O.U. year. The President of the Union or his designee will manage this
fund. The City Auditor Department may conduct annual audits of this fund. Any
payments not adequately supported by the documentation of expenses will be
returned to the fund by the Fire Union.
Section 5-9. Worker’s Compensation
A. Employees who agree to participate in the Fire Department's health centers
consultation and rehabilitation programs shall continue to receive 100% of their
current rate of pay while off-duty due to an industrial injury based on current practice
which is a maximum of 1 year per injury, thereafter the rate becomes 66-2/3%.
B. If there is a disagreement in treatment between the Fire Department physician and
the employee's physician, the (2 physicians shall agree on a third physician whose
decision shall be the final authority. Employees who refuse to adhere to the above
conditions shall only receive 66-2/3% based on current state law and the current
maximum monthly rate allowed. If an employee receives 66-2/3%, he/she may use
Page 434
sick leave, vacation, or compensatory time to make up the difference between 66-
2/3% and 100%.
C. Should the Union believe that a dispute in jurisdiction is unduly delaying a Worker’s
Compensation claim, or if the Union believes the City needs to provides greater
assistance to an employee trying to reopen an old claim, the Union may request a
meeting with City Worker’s Compensation staff (provided the involved employee
signs a release to do so) and such meeting will be scheduled within 14 calendar days.
D. The City will first attempt to use physicians from specialty lists created by City of
Phoenix Pension Boards for Independent Medical Examinations for employees in
Unit 5 (represented by Phoenix Fire Fighters Association Local 493).
E. Family and Medical Leave Act (FMLA) leave shall not run concurrent with leave paid
as industrial injury/illness (e.g. Workers’ Compensation).
Section 5-10. Employee Benefit Trust Fund
A. Effective July 1, 2023, the existence of the Employee Benefit Trust Fund is
continued for the term of this Memorandum of Understanding. The City will
contribute $68 per employee, per month, ($31.385 per pay period) into the Fund for
the purpose of providing a monthly stipend to retirees to apply to the costs of their
health and/or dental insurance, a funeral expense benefit for employees and
retirees, and such other benefits as may be lawfully provided, as determined in
the discretion of the Trustees. The City's contribution will be matched by a $29
per pay period to the same fund made by each employee.
B. The Trust Fund shall be managed and administered by a Board of five (5) Trustees
selected as follows:
1. Two (2) Trustees shall be appointed by the City Manager;
2. Two (2) Trustees shall be appointed by the Phoenix Fire Fighters Association,
Local 493; and
3. One (1) Trustee, who shall serve as Chairperson, shall be selected by the four
(4) appointed Trustees specified above.
C. The Trust Fund shall be invested in prudent, protected investments in compliance
with applicable law. The Trustees may seek such outside, independent advice and
consultation as they shall deem appropriate.
D. The Fund Trustees may adopt such rules and regulations for their Plan of Benefits
as they deem appropriate and are authorized to secure a formal trust instrument. The
trust instrument and any amendments thereto, must be specifically approved by the
City Manager and the Union before they can become effective.
Page 435
E. Sums contributed to the Trust Fund shall be tracked with each employee being
assigned a notional account which records the contributions made by such
employee. All amounts in the Fund, together with any earnings thereon, shall
be available for distribution as specified in the rules and regulations of the Plan
of Benefits adopted by the Trustees. The Trustees shall have authority,
consistent with their duties as Trustees, to amend the Plan of Benefits from
time to time, including the authority to reduce or suspend benefit levels if
required by the level of funding available. In no event will any benefit specified
at any time in the Plan of Benefits be considered non-forfeitable. Benefits may
be insured by a contract of insurance, but there is no liability upon the City, the
Union or the Board of Trustees or its constituent members to provide benefit
payments over and beyond the amounts in the Fund collected and available for
such purpose.
F. Any Fund participant who separates from the bargaining Unit prior to retirement, or
who promotes out of the Unit shall receive an amount equal to all of his or her or her
contributions to the Fund, plus interest based on the average annual interest earned
by the Fund, but shall receive no other benefits and have no other claim on the Fund.
Notwithstanding the foregoing, the Trustees may: (1) permit participants who
promote out of the Unit to continue participation until retirement; and (2) permit
participants who have severed employment to be reinstated in the Fund; either
upon such terms and conditions as the Trustees may require.
G. Upon the death of any employee or retiree, the Fund will provide a benefit to assist
with funeral expenses in an amount to be determined by the Trustees. The Fund
Trustees may determine to provide to a surviving spouse of a deceased
employee or retiree a monthly stipend for application to the cost of their
health/dental insurance.
H. The Trustees shall prepare a booklet describing the Plan of Benefits for
circulation to employees and retirees, and shall prepare and circulate, in like
manner, a summary of any modifications made to the Plan of Benefits during
the term of this Memorandum of Understanding.
I. If the Trust Fund is terminated for any reason, undistributed funds shall be distributed
to those individuals (whether active or retired) who contributed to the Fund. Such
distribution shall be pro rata based on the amount of the contribution of such
individuals to the Fund less any disbursements they have received under the Plan
of Benefits.
J. Payments to retirees from the Trust Fund shall be in addition to current City
contributions to retiree health insurance premiums.
Page 436
Article 6. Miscellaneous
Section 6-1. Saving Clause
A. If any Article or Section of this Memorandum should be held invalid by operation of
law or by a final judgment of any tribunal of competent jurisdiction, or if compliance
with or enforcement of any Article or Section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby. In the event the
decision of the court in Cheatham, et al v. Gordon, is stayed, reversed, vacated or
otherwise not given effect in whole or in part, by any court, then the City agrees to
meet and confer within 30 days of said ruling with Unit 5 to resolve any additional
issues resulting from the ruling of the court. The basis for negotiations will be the
document dated April 13, 2014, Proposed Unit 5 Addendum.
B. It is recognized by the parties that the provisions of the Fair Labor Standards Act are
currently applicable to certain of the wage and premium pay provisions of this M.O.U.,
and that this M.O.U. shall be administered in compliance with the FLSA for so long
as the Act is applicable.
C. Nothing contained in the Memorandum shall preclude the parties from being in
compliance with the requirements of the Americans with Disabilities Act.
Section 6-2. Printing of M.O.U.
Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors, and Suppliers), as may be amended.
Printing of the M.O.U. shall be done by a Union printer only.
Section 6-3. Fire Watch
A. Whenever a Fire Department employee is required by the Fire Marshal or requested
by a private party, to perform a fire watch, standby, or other associated duties for Fire
Code compliance, such opportunities shall first be offered to Unit
members/employees. Such work shall be offered to those members that are suitably
qualified and who volunteer for such duty during their off-duty hours within a rotation
system approved by the Fire Chief after consultation with the Union. In the event that
no employee accepts such work, or in case of emergency, such work shall be offered
to qualified non-Unit employees. It is understood that the rate of payment shall be at
1 ½ times the employee’s base 40 hour rate, except in cases where non-Unit
employees are utilized in which case payment shall be at 1 ½ times the non-Unit
employee’s base 40 hour rate. For purposes of Section 6-3, Article 6 only, the terms
Page 437
"qualified" is defined as follows:
1. "Qualified" shall mean any employee of the Fire Department who is familiar with
the Fire Code and has successfully completed the Fire Watch training program
provided by the Department.
2. “Emergency” shall mean any fire watch situation that cannot be pre-scheduled.
Section 6-4. Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect commencing with the
beginning of the first regular pay period in July 2023, up to the beginning of the first
regular pay period commencing in July 2024.
B. Except as expressly provided in this Memorandum, the City shall not be required to
meet and confer concerning any matter, whether covered or not covered herein to
take effect during the term or extensions thereof.
C. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions. Throughout the term of this Memorandum, the City and the union may
jointly decide to participate in Labor-Management meetings to discuss items of
mutual interest on an as-needed basis.
D. It is intended by the parties hereto that the provisions of this Memorandum shall be
in harmony with the rights, duties, obligations and responsibilities which by law
devolve upon the City Council, City Manager, Fire Chief, and other City boards and
officials, and these provisions shall be interpreted and applied in such manner.
E. The Union recognizes the powers, duties and responsibilities of the Fire Chief as set
forth in the Charter and Ordinances and that pursuant thereto the Fire Chief has the
authority to establish rules and regulations applicable to the operation of the Fire
Department and to the conduct of the employees and officers employed therein,
subject to the express provisions of this Memorandum.
F. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with
the Meet and Confer proceedings resulting in the Memorandum is precluded from
initiating any further meeting and conferring for the term thereof relative to matters
under the control of the Fire Chief, the City Council or the City Manager.
Page 438
IN WITNESS WHEREOF, the parties have set their hands this
____ of May, 2023
_________________________________________________________________
Bryan Willingham, President, Phoenix Fire Fighters Association Local 493
_________________________________________________________________
Jason Perkiser, Assistant Human Resources Director
_________________________________________________________________
Jeff Barton, City Manager, City of Phoenix
ATTEST:
_________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED AS TO FORM:
_________________________________________________________________
City Attorney, City of Phoenix
Local 493 Team: City of Phoenix Team:
Bryan Willingham, President Jason Perkiser, Assistant HR Director
Ben Lindquist Mark Gonzales, Assistant Fire Chief
Ed Beuerlein Tim Gammage, Battalion Chief
Tim West Mike Molitor, Deputy Chief
Eric Kalkbrenner Chris Healey, Deputy Chief
Tim Gammage Jr. Brianna Aceves, Admin. Assistant II
Gabe Orosco Jennifer Flaherty, Secretary, (Scribe)
Scott Crowley
Brian Moore
Page 439
ATTACHMENT A
HOURLY PAY RATES
HOURLY PAY RATES
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
HOURLY HOURLY
FIREFIGHTER STEP STEP
RATE RATE
Upon Graduation
1 1
from Academy
6 Months
After Graduation 2 2
from Academy
1 ½ Years
After Graduation 3 3
from Academy
2 ½ Years
After Graduation 4 4
from Academy
3 ½ Years
After Graduation 5 5
from Academy
4 ½ Years
After Graduation 6 6
from Academy
5 ½ Years
After Graduation 7 7
from Academy
6 ½ Years
After Graduation 8 8
from Academy
7½Years
After Graduation 9 9
from Academy
Page 440
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
FIREFIGHTER HOURLY HOURLY
STEP STEP
PARAMEDIC RATE RATE
Fire Fighter upon
assignment as a 21 21
Paramedic
Fire Fighter
Paramedic after one 22 22
year
Fire Fighter
Paramedic after two 23 23
years
Fire Fighter
Paramedic after 24 24
three years
Fire Fighter
Paramedic after four 25 25
years
HOURLY HOURLY
FIREFIGHTER SO STEP STEP
RATE RATE
Firefighter at Step 1
31 31
upon assignment
Firefighter at Step 2
32 32
upon assignment
Firefighter at Step 3
33 33
upon assignment
Firefighter at Step 4
34 34
upon assignment
Firefighter at Step 5
35 35
upon assignment
Firefighter at Step 6
36 36
upon assignment
Firefighter at Step 7
37 37
upon assignment
Firefighter at Step 8
38 38
upon assignment
Firefighter at Step 9
39 39
upon assignment
Page 441
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
FIREFIGHTER HOURLY HOURLY
STEP STEP
SO/PARA RATE RATE
Firefighter
Paramedic at Step 51 51
21 upon assignment
Firefighter
Paramedic at Step 52 52
22 upon assignment
Firefighter
Paramedic at Step 53 53
23 upon assignment
Firefighter
Paramedic at Step 54 54
24 upon assignment
Firefighter
Paramedic at Step 55 55
25 upon assignment
FIREFIGHTER HOURLY HOURLY
STEP STEP
HMT &TRT RATE RATE
Firefighter at Step 1
61 61
upon assignment
Firefighter at Step 2
62 62
upon assignment
Firefighter at Step 3
63 63
upon assignment
Firefighter at Step 4
64 64
upon assignment
Firefighter at Step 5
65 65
upon assignment
Firefighter at Step 6
66 66
upon assignment
Firefighter at Step 7
67 67
upon assignment
Firefighter at Step 8
68 68
upon assignment
Firefighter at Step 9
69 69
upon assignment
Page 442
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
FIREFIGHTER HMT HOURLY HOURLY
STEP STEP
&TRT/PARA RATE RATE
Firefighter
Paramedic at Step 81 81
21 upon assignment
Firefighter
Paramedic at Step 82 82
22 upon assignment
Firefighter
Paramedic at Step 83 83
23 upon assignment
Firefighter
Paramedic at Step 84 84
24 upon assignment
Firefighter
Paramedic at Step 85 85
25 upon assignment
HOURLY HOURLY
ENGINEER STEP STEP
RATE RATE
Engineer upon
1 1
promotion
Engineer six months
2 2
after promotion
Engineer one and ½
years after 3 3
promotion
ENGINEER HOURLY HOURLY
STEP STEP
PARAMEDIC RATE RATE
Engineer upon
21 21
assignment
Considered for
increase on 22 22
anniversary date
Page 443
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
HOURLY HOURLY
ENGINEER SO STEP STEP
RATE RATE
Engineer upon
31 31
assignment
Considered for
increase on 32 32
anniversary date
ENGINEER HOURLY HOURLY
STEP STEP
SO/PARA RATE RATE
Engineer upon
51 51
assignment
Considered for
increase on 52 52
anniversary date
ENGINEER HOURLY HOURLY
STEP STEP
HMT &TRT RATE RATE
Engineer upon
61 61
assignment
Considered for
increase on 62 62
anniversary date
ENGINEER HOURLY HOURLY
STEP STEP
HMT&TRT/PARA RATE RATE
Engineer upon
81 81
assignment
Considered for
increase on 82 82
anniversary date
HOURLY HOURLY
CAPTAIN STEP STEP
RATE RATE
Captain upon
8 8
promotion
Captain after 1 year 9 9
Captain after 2
10 10
years
Page 444
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
CAPTAIN HOURLY HOURLY
STEP STEP
PARAMEDIC RATE RATE
Captain upon
21 21
assignment
Considered for
increase on 22 22
anniversary date
Considered for
increase on 23 23
anniversary date
HOURLY HOURLY
CAPTAIN SO STEP STEP
RATE RATE
Captain upon
31 31
assignment
Considered for
increase on 32 32
anniversary date
Considered for
increase on 33 33
anniversary date
HOURLY HOURLY
CAPTAIN SO/PARA STEP STEP
RATE RATE
Captain upon
51 51
assignment
Considered for
increase on 52 52
anniversary date
Considered for
increase on 53 53
anniversary date
Page 445
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
CAPTAIN HMT HOURLY HOURLY
STEP STEP
&TRT RATE RATE
Captain upon
61 61
assignment
Considered for
increase on 62 62
anniversary date
Considered for
increase on 63 63
anniversary date
CAPTAIN HMT HOURLY HOURLY
STEP STEP
&TRT/PARA RATE RATE
Captain upon
81 81
assignment
Considered for
increase on 82 82
anniversary date
Considered for
increase on 83 83
anniversary date
Progression through these steps shall be in accordance with established regulations and
the City's Pay Ordinance. It is understood that any time a member is promoted to another
classification or assigned as a firefighter paramedic and is within a pay classification
range, the member will proceed to the next higher step upon promotion or assignment.
Page 446
ATTACHMENT B
VACATION CARRYOVER
With the reinstatement of vacation buy back in FY 2021-2022, vacation carryover will be
the established maximum plus 240 hours (or the 56-hour equivalent). In FY 2022-2023,
the vacation carryover will be the established maximum plus 160 hours (or the 56-hour
equivalent). In FY 2023-2024, the vacation carryover will be the established
maximum plus 120 hours (or the 56-hour equivalent).
Page 447
Report
International Association of Fire Fighters, IAFF Local 493 (Unit 5) (Resolution
22119)
The City of Phoenix has met and conferred with International Association of Fire
Fighters, IAFF Local 493 (Unit 5) in accordance with the terms of Phoenix City Code
section 2-218, and a Memorandum of Understanding (MOU) has been approved by
the organization's membership. A copy of the proposed MOU has been filed with the
City Clerk and an opportunity for public comment was conducted at the April 19, 2023,
The following is a compensation summary in the proposed MOU:
Ongoing 4.5 percent of total compensation
Non-Continuous 5.0 percent of base wage
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 397
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
2023 – 2024
CITY OF PHOENIX
AND
PHOENIX FIRE FIGHTERS ASSOCIATION
LOCAL 493
REPRESENTING UNIT 5 EMPLOYEES
Page 398
TABLE OF CONTENTS
PREAMBLE............................................................................................................................... 2
Article 1: Rights ....................................................................................................................... 2
Section 1-1. Gender ................................................................................................................................. 2
Section 1-2. City and Department Rights ................................................................................................. 2
Section 1-3. Rights of the Union ............................................................................................................... 3
Section 1-4. Rights of Unit Employees ...................................................................................................... 8
Section 1-5. Prohibition of Strikes and Lockouts .................................................................................... 13
Article 2: Grievance/Arbitration/Labor Management ...........................................................13
Section 2-1. Grievance Procedures ....................................................................................................... 13
Section 2-2. The RBO / Labor-Management Process ............................................................................ 17
Section 2-3. Productivity Discussions .................................................................................................... 19
Article 3: Compensation/Wages............................................................................................19
Section 3-1. Wages ................................................................................................................................ 19
Section 3-2. Productivity Enhancement Pay .......................................................................................... 22
Section 3-3. Overtime ............................................................................................................................. 22
Section 3-4. Call Out Pay ....................................................................................................................... 23
Section 3-5. Out-of-Class Pay ................................................................................................................ 24
Section 3-6. Sick Leave Conversion at Retirement ................................................................................ 24
Section 3-7. Deferred Compensation and Defined Contribution Plans .................................................. 26
Section 3-8. Non-Direct Payment of Compensation or Benefits ............................................................ 26
Article 4. Hours of Work/Working Conditions ......................................................................26
Section 4-1. Hours of Work .................................................................................................................... 26
Section 4-2. Shift Trades ........................................................................................................................ 28
Section 4-3. Filling Vacancies ................................................................................................................ 28
Article 5. Benefits ...................................................................................................................29
Section 5-1. Health Insurance ................................................................................................................ 29
Section 5-2. Dental Insurance ................................................................................................................ 30
Section 5-3. Life Insurance ..................................................................................................................... 30
Section 5-4. Long Term Disability Insurance.......................................................................................... 31
Section 5-5. Holidays, Vacations, and Donated Vacation Leave ........................................................... 31
Section 5-6. Uniforms ............................................................................................................................. 34
Section 5-7. Tuition Reimbursement ...................................................................................................... 35
Section 5-8. Wellness, Health and Fitness............................................................................................. 36
Section 5-9. Worker’s Compensation ..................................................................................................... 36
Section 5-10. Employee Benefit Trust Fund............................................................................................ 37
Article 6. Miscellaneous ........................................................................................................39
Section 6-1. Saving Clause .................................................................................................................... 39
Section 6-2. Printing of M.O.U. ............................................................................................................... 39
Section 6-3. Fire Watch .......................................................................................................................... 39
Section 6-4. Term and Effect of Memorandum ...................................................................................... 40
ATTACHMENT A .....................................................................................................................42
ATTACHMENT B .....................................................................................................................49
Page 399
PREAMBLE
WHEREAS, the parties, through their designated representatives, met and
conferred in good faith pursuant to Ordinance G-3303 in order to reach agreement
concerning wages, hours, and working conditions of employees comprising the Fire
Fighter Unit, and,
WHEREAS, the parties hereby acknowledge that the provisions of this
Memorandum are not intended to abrogate the authority and responsibility of City
government provided for under the statutes of the State of Arizona or the Charter or
ordinances of the City of Phoenix except as expressly and lawful limited herein,
NOW, THEREFORE, having reached this complete agreement concerning wages,
hours, and working conditions for the term specified, the parties submit this Memorandum
to the City Council of the City of Phoenix with their joint recommendation that body resolve
to adopt its terms and take such other action as may be necessary to implement its
provisions.
Article 1: Rights
Section 1-1. Gender
Whenever any words used herein in the masculine, feminine or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.
Section 1-2. City and Department Rights
A. The Union recognizes that the City and the Fire Chief retain, whether exercised or
not, solely and exclusively, all express and inherent rights and authority pursuant to
law with respect to determining the level of and the manner in which the Fire
Department's service delivery activities are conducted, managed, and administered,
and the Union recognizes the exclusive right of the Chief to establish and maintain
departmental rules and procedures for the administration of the Fire Department
during the term of this Memorandum provided that such rules and procedures do not
violate any of the specific express provisions of the Memorandum.
B. The City and the Chief have the exclusive right and authority to schedule work and/or
overtime work as required in the manner most advantageous to the City subject to
the express terms of this Memorandum.
C. It is understood by the parties that every incidental duty connected with operations
Page 400
enumerated in job descriptions is not always specifically described; nevertheless, it
is intended that all such duties shall be performed by the employee.
D. The Chief and City Manager reserve the right to discipline or terminate employees
for just cause subject to Civil Service procedures.
E. The City and the Chief shall determine and establish methods and processes by
which duties are performed subject to the express terms of this Memorandum.
F. The City and Chief shall have the right to transfer employees within the Department
in a manner most advantageous to the City subject to the express terms of this
Memorandum.
G. Except as otherwise specifically provided in the Memorandum, the City and the Chief
retain unqualifiedly all rights and authority to which, by law, they are entitled.
H. The City shall have the authority to effect reorganizations of the Department.
However, any such reorganization shall be discussed by the Labor-Management
Committee prior to implementation.
I. The Union recognizes that the city has statutory and Charter rights and obligations in
contracting for matters relating to municipal operations.
J. The inherent and express rights of the City and the Chief, including those herein
specifically referred to, which are not expressly modified or restricted by a specific
provision of this memorandum, are not, in any way directly or indirectly, subject to the
Grievance Procedure herein.
K. Nothing herein shall be construed to diminish the rights of the City under Section 5
of Ordinance G-3032 or to diminish the provisions of the Civil Service Rules.
Section 1-3. Rights of the Union
A. The Union, as the authorized representative, has the exclusive right to serve as the
meet and confer representative of all employees in the Fire Fighter's Unit as certified
by the Phoenix Employment Relations Board on July 29, 1976.
B. The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The Union plays an important role furthering this
relationship and ultimately improving service to the City and its citizens. Accordingly,
the City and the Union have negotiated various rights for unit employees as set forth
in this MOU, in exchange for services to the City and in lieu of increased
compensation. These bargained-for rights will promote and improve enhanced
Page 401
service delivery models and public safety, along with other tangible benefits to the
City’s residents.
C. The Phoenix City Council has determined, and Unit 5 agrees, there are specific
activities that confer a public benefit; a dual public/private purpose or an exclusively
public purpose, for which up to 2 Unit 5 (IAFF) members may be released and will
perform these duties under City Business.
D. The City’s Labor Relations Administrator or authorized designee will be responsible
for coordinating the City Business Time. The Labor Relations Administrator shall
work directly with Unit 5 in order to confirm any and all paid activity of the Authorized
Employees is consistent with the activity approved below. The two Unit 5 members
identified in Subsection B shall submit reports each pay period to the Labor Relations
Administrator documenting the City Business and any leave (e.g., donated leave,
vacation leave, sick leave, etc.) used during that pay period. The City has the right
to audit time cards submitted. In the event there is disagreement, the parties will
meet to discuss the matter at the request of Unit 5 or the City. The audit may result
in Unit 5 reimbursing the City, by submitting Union Release hours, donated leave,
personal leave, or monetary payment from the Union, for activity not deemed City
Business under this Agreement.
E. City Business Time
The City has determined there are activities that confer a public benefit, a dual
public/private purpose or an exclusively public purpose for which members of Unit 5
should be released from their official duties to perform. Unit 5 acknowledges its
members will receive City Business time for the time spent performing the following
activities:
1. Authorized Employees will attend trainings that have been authorized in advance
by Administration.
2. Authorized Employees will facilitate communication between employees and
management ensuring a safe and efficient delivery of services, as well as
developing a heightened degree of labor/management cooperation.
3. In coordination with management, Authorized Employees will communicate new
programs and/or policy changes to the broader City workforce that are members
of the bargaining unit in order to streamline service delivery and ensure timely
implementation of changes in policy or programs. Changes in safety or security
policy and procedure will be prioritized.
4. In coordination with management, as a means of achieving a healthier workforce
and driving down costs associated with workers’ compensation, the cost of
providing healthcare and the use of sick time, Authorized Employees will assist
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bargaining members with understanding coordination of benefits.
5. In order to ensure City resources are well coordinated, upon the direction of the
City and consent of IAFF, Authorized Employees will participate in various City
committees, labor management meetings, or labor management work groups as
a member of the committee or group.
6. Participate in Department-authorized or City-sponsored authorized community
projects and events.
7. Represent employees involved in critical incidents at the time of incident (e.g.,
personal injury related).
8. As a means of controlling administrative and litigation costs associated with
employee matters in a large and complex City and with the goal of resolving
matters at the earliest possible stage, at management’s request Authorized
Employees will assist bargaining unit members/employees and management in
matters related to employer/employee relations.
9. Legislative, lobbying or political activities with the approval of the City Manager
or authorized designee.
F. Activities not eligible for City Business Time
Authorized Employees shall be prohibited from engaging in any of the following
activities while on paid City Business time:
1. Lobbying. This includes letter writing or telephone calls, without approval of the
City Manager or authorized designee.
2. Legislative Activity. This includes participating in the preparation or distribution
of legislative proposals, without approval of the City Manager or authorized
designee.
3. Organizing. This includes preparing and/or distributing union related materials.
4. Civil Service Discipline. This includes the representation of any bargaining unit
member/employee in disciplinary matters before the Civil Service Board.
5. Bargaining/Negotiations. This includes any matters deemed to be a mandatory
subject of bargaining.
6. Representation in grievance or disciplinary proceedings.
G. Requests for City Business Time
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1. A union member who wishes to use City Business time must submit a written
request (e-mail will suffice) as soon as the need for time is known but no later
than 72 hours in advance, when practical, of the time requested to an individual
designated by the Labor Relations Administrator or authorized designee. Any
such request must specify what the time will be used for. A request for City
Business time will be approved only if the activity has either a dual public/private
purpose or an exclusively public purpose. Upon Labor Relations Administrator
approval, Fire Department time management will be notified of the approved
leave for entry into Telestaff.
H. Union Representatives
1. The Union may designate one (1) 493 Executive Director, three (3) 493
Directors, and four (4) Union Representatives to represent members of our
unit when appropriate. The Phoenix Chapter President shall notify the Fire
Chief of these designations. There shall be no obligation on the Department to
change or adjust normal departmental scheduling or assignments of personnel
as a result of such designations.
2. Union representatives may attend mutually scheduled grievance, investigative,
and disciplinary meetings and hearings with department representatives during
duty hours by using the Bank of Donated Leave. Time spent during duty hours
for any other union activity, such as gathering information, interviewing the
grievant or witnesses, attending a union meeting, or preparing a presentation
shall also be charged against the Bank of Donated Leave as described in Article
5, Section 5-5.
I. Union members may be authorized in advance in writing to engage in Union related
activities during duty hours on a non-paid basis by the Fire Chief at such time and in
such instances when in the discretion of the Chief such will not in any manner
interfere with the efficient and economical operations of the Department nor
adversely impact the level of Fire Fighting services or support services.
J. There shall be no use of official time for Union-related activities except as expressly
authorized under Section 1-3E of Article 1. The Department shall maintain
procedures to administer and control use of official time in conformity with the
provisions of this Section.
K. Upon the Union’s filing of a Third Party Data Sharing Agreement with the Labor
Relations Division, the City shall furnish to the Union on request, at actual cost, a
listing of Union members on City payroll deduction in July and January during the
term of this agreement indicating name, mailing address, and job assignment. The
City will also provide a monthly list of employees added that month to Unit 5.
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L. The City shall, in conformity with Ordinance G-3303, deduct monthly the Union
members regular periodic Union membership dues and/or special assessments
pursuant to authorization on a form to be provided by the City, duly completed and
signed by the Union member, and transmit such deductions to the Union on a monthly
basis; except, however, that such deduction shall be made only when the employee's
earnings for a pay period are sufficient after other legally required deductions are
made. The City shall, at the request of the Union, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for implementing
such change. The City shall not make dues deductions for Unit employees on behalf
of any other employee organization during the term of this Memorandum. The City
assumes no liability on account of any action taken pursuant to this paragraph. In
addition, with sufficient notice the Union may request a change in dues deduction to
either monthly or bi-weekly for the entire membership each July 1 or at other times
agreed to by the parties. By filling out and submitting a voluntary deduction form for
membership dues, each unit member/employee is clearly and affirmatively
consenting to the deduction of the stated amount of money for membership dues
from their pay check.
M. The City will continue to provide those bulletin boards as designated by the City in
the past exclusively for posting of official Union literature that is not political in nature,
abusive of any person or organization, or disruptive of the department's operations.
In addition, the Union will be allowed to use all Fire Department Communications
tools to disseminate such information when necessary. Such announcements shall
not be political in nature, nor shall they be abusive of any person or organization or
disruptive of the department's operation. The Assistant Chief in charge of personnel,
or his designee, shall review the content of the buck slip communications prior to
distribution.
N. Nothing herein shall be construed to diminish the Union's rights under Ordinance G-
3303.
O. The City will provide the Union, upon request, non-confidential and readily available
information concerning the Union that is necessary to Union representatives for
negotiations, and is not otherwise available to the Union, such as personnel census,
employee benefit data, and survey information. Such requests shall be made through
the Assistant Chief in charge of personnel. Any unusual costs incurred by the City in
connection with this Section shall be borne by the Union.
P. The Union and the Department will jointly present training to new Fire Fighter recruits
about the activities that are mutually beneficial to the City and the Community. This
time will be allotted sometime during the last 4 weeks of training of said recruits at
the Training Academy. During such discussions, Union representatives shall avoid
the dissemination of information that is political in nature, abusive of any person or
organization or disruptive of the Department's operation. City business time will be
available for this purpose.
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Q. Seniority
1. The City shall provide the Association with a list of unit members/employees
showing each unit member’s/employee’s City employment date and class
employment date.
2. Seniority shall be by length of service within a class. If seniority within the class
is not determinative, then length of service with the City shall prevail.
3. Seniority will be applied in conjunction with City of Phoenix Personnel Rule 14.
4. The Department will also post an annual seniority list (beginning of the fiscal
year) on the Department’s internal webpage. In addition, new promotional lists
for Fire Engineer and Fire Captain will be posted on the internal webpage after
they are certified and finalized by City HR.
Section 1-4. Rights of Unit Employees
A. All employees have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in
the Union or any other organization. Whenever the terms “employee, Unit employees,
grievant” or some derivation of those, is used in this MOU it shall be synonymous
with the term “Unit member/employee.”
B. Union employees have the right to be represented or not to be represented by the
Union in dealings with the City concerning grievances and matters pertaining to their
individual employment rights and obligations.
C. It is understood by the parties that the benefits granted by Section 1-4 of Article 1
shall not be interpreted or applied as requiring the employer to count as time worked
any hours or fractions of hours spent outside the employee's work shift in pursuit of
benefits provided by this Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.
D. The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
remove/inactivate eligible documents based on the below criteria by contacting the
department Human Resources Officer. Official records may only be inactivated and
not removed per records retention law, and members/employees will receive
confirmation once the requested record is removed/inactivated.
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Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original in
file.
Coaching’s/Supervisory Not maintained in
Remove annually Not maintained in file.
Counseling’s file.
provided no further
incidents.
Maintain original in
Maintain copy in file.
file.
Employee may
Written Reprimands Employee may
request to remove
request to inactivate
after 3 years.
after 3 years.
Maintain copy in file. Maintain original in
Maintain copy in file.
Remove annually file.
Suspensions Employee may
provided no further Employee may
(other than below) request to remove
incidents. request to inactivate
after 10 years.
after 10 years.
Discipline under 21b2, Maintain original in
21b4, 21b5, 21b12, Maintain copy in file. file.
21b13, 21b14, 21b15, Cannot Remove May not be
21b18, 21b19, 21b20. inactivated
Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types of
discipline, which may be considered for the duration of employment (and upon the
employee's return to employment, if applicable):
Sustained discipline of 40-hour suspension or greater of the following types:
• The employee has been abusive or threatening in attitude, language, or conduct
towards fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-3101),
excepting a pocketknife (as provided in ARS 13-3102) at a City worksite1, unless
such employee is a police officer.
1(A worksite includes not only City buildings and property, but also City
vehicles and private vehicles while being used on City business, and other
assigned work locations).
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or the
property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-discrimination
policies.
• The employee committed a violation of the City's Ethics Policy.
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• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
E. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with a member/employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they have
a reasonable belief that discipline (a written reprimand or higher) could result. Should
information be made during a conversation to attempt to resolve an issue that could
result in discipline, the supervisor will stop the meeting and utilize an investigatory
process as outlined below. Any interview becomes investigatory when facts or
evidence sought by the City may result in a disciplinary action.
1. The City may, at its discretion, either conduct investigatory interviews with
members/employees or issue members/employees written questions. In either
case, a Notice of Inquiry (NOI) form will be used. The intent of the NOI is to clearly
put members/employees on notice that they are under investigation that could
result in discipline, inform them of the nature of the allegations against them, and
inform them of their right to representation.
2. If the City elects to issue written questions to the member/employee, the following
shall apply:
a. If an NOI is being issued and there is no active questioning, representation
is not required. Members/employees may bring a representative if they
desire, however there will be no discussion during the issuance of the NOI.
b. The member/employee will have 72-hours excluding holidays and N-days
to respond in writing and provide any other material requested. This
deadline may be extended by mutual agreement if there are extenuating
circumstances.
3. If the City elects to conduct an investigatory interview, the following shall apply:
a. Prior to the member/employee being interviewed, the member/employee
shall be advised of their right to a representative.
b. The NOI form will be issued at the meeting.
c. The union representative may assist and consult with the
member/employee, attempt to clarify the facts or questions asked, and
suggest other members/employees or witnesses who may have
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knowledge of the underlying issues. The union representative cannot
speak on behalf of the member/employee or impede the progress of the
interview.
d. The member/employee or representative may ask for a caucus during the
meeting. Caucuses will be granted for a reasonable timeframe.
e. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the member/employee. The
member shall be allowed to seek advice from their representative in
caucus during the interview. A caucus will not be permitted when a
question is pending. The member/employee will be given the opportunity
to clarify their answer after the caucus.
f. All parties may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.
g. Prior to the conclusion of the meeting, the member/employee or
representative shall have the opportunity to make a closing statement.
h. If the department requires a written statement at an investigatory meeting,
the member/employee will be compensated up to one hour of City time to
write the statement. Additional time may be granted at the discretion of the
department and will not be withheld arbitrarily.
i. The member/employee will be provided with a copy of the interview notes
and given 72 hours to confirm their answers and provide any additional
information.
j. Except for emergency situations, the unit members/employees shall have
a minimum of 48 hours to arrange for union representation when the
member/employee is the subject of an administrative investigatory
interview. The union representative will make every reasonable attempt to
arrive within the 48 hours. A member/employee may waive the 48-hour
time requirement if the member/employee is not opting for representation.
4. Regardless of whether the City elects to interview the member/employee, or
issue written questions, the following shall apply:
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a. The member/employee will be instructed not to speak to anyone regarding
an investigation. This restriction does not apply to the union, the union’s
attorney, the member/employee’s family, the member/employee’s
attorney, the investigator, or chain-of-command.
b. The member/employee will be advised if the inquiry is supervisor initiated
or the result of a citizen complaint, employee/co-worker complaint, or
other.
c. The member/employee shall also be informed of the Garrity protections
afforded to public employees who may also be under criminal investigation
or whose actions meet the elements of a crime [Garrity v. New Jersey,
385 U.S. 493, 87 S.Ct. 616 (1967)].
d. A unit member/employee shall receive a copy of any statement that they
are asked to sign.
e. Every 60 days, a unit member/employee under investigation or their
designated representative may request a status update. At management’s
discretion, the status will be provided either verbally or in writing.
5. Miscellaneous
a. A unit member/employee identified solely as a witness will not be
prevented from contacting the union (association) on their own time to
consult with a union (association) representative prior to their interview.
b. No investigatory documentation, such as the NOI or witness statements
shall be kept in the Personnel or Supervisory Files after the investigation
is concluded.
6. Unit members/employees will be permitted to apply and/or compete in a transfer
process while in a pending investigation. The transfer process will not be delayed
pending the conclusion of the related investigation.
7. A member/employee who receives a written reprimand or suspension may
request a copy of the information upon which the written reprimand or
suspension was based, pertaining to what was specifically cited in the discipline
at no cost to the member/employee.
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8. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the member/employer to count as time
worked, any hours or fractions of hours spent outside the member/employee's
work shift in pursuit of benefits provided by this Article unless otherwise specified
in this MOU. The employer shall count as time worked any hours or fractions of
hours spent within the member/employee's regular work shift in pursuit of
benefits provided by this Article.
F. Member Discipline
Any member receiving discipline that results in a loss of hours, or days or work, will
have those hours converted to match their appropriate work schedule. Discipline for
40-hour members shall be equal to 8 hours for one work day. Discipline for 56-hour
members shall be equal to 11.2 hours for one work day. Any discipline exceeding
one day will be increased proportional to the hours outlined in this section.
Section 1-5. Prohibition of Strikes and Lockouts
A. The Union pledges to maintain unimpaired Fire Fighting and related supported
services as directed by the Fire Chief. It shall not cause, condone, counsel or permit
employees, to strike, fail to fully and faithfully perform duties, slow down, disrupt,
impede or otherwise impair the normal functions and procedures of the Department.
B. Should any employees of the bargaining Unit during the term of this Memorandum,
and until such time that it is expressly and legally rescinded, breach the obligations
of Paragraph A, the Fire Chief or his designee shall immediately notify the Union that
a prohibited action is in progress. The Union shall forthwith disavow said strike or
other prohibited action and shall endeavor in good faith to cause such employees to
immediately return to work and/or cease the prohibited activity or, alternatively accept
the responsibility for the strike or other prohibited activity.
C. There shall be no lockout by the City during the term of the Memorandum.
D. The provisions of Section 2 (17) and section (13) of Ordinance G-1532, are
incorporated into this Memorandum.
Article 2: Grievance/Arbitration/Labor Management
Section 2-1. Grievance Procedures
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It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.
A. Informal Resolution
1. As a matter of good labor-management relations the parties encourage unit
members/employees who believe that they have a bona fide grievance to discuss
and attempt to resolve it with their immediate non-unit supervisor.
2. If the above informal discussion is held and does not resolve the grievance, the
unit member/employee may file a formal grievance in accordance with the
following procedure.
B. Definition of Grievance
1. A grievance is a written allegation by a unit member/employee, submitted as
herein specified, claiming violation(s) regarding the interpretation and/or
application of the specific express terms of this Memorandum for which there is
no other specific and formal method of review; and doesn’t have a fact pattern
that has been presented to and decided upon by the City Manager in a prior
grievance. However, disputes specifically excluded in other Articles of this
Agreement from the Grievance and Arbitration procedure shall not be construed
as within the definition set forth above and shall not be handled in accordance
with this procedure. It is agreed that such excluded disputes are not grievable or
arbitrable under the terms of this Article or under this contract.
2. The City continues to retain the format used for grievances, including forms,
technology, etc.
3. A grievance which does not meet the requirements set forth in this Article shall
be null and void, and will not be processed in accordance with this procedure.
C. Procedure
All grievances covered by this Article shall be handled exclusively in the following
manner:
A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.
1. Step 1
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The unit member/employee shall reduce the grievance to writing by signing and
completing the grievance form provided by the City and submit it to the division head,
or designee, within 14 calendar days of the initial commencement of the occurrence
being grieved.
The division head, or designee, may investigate, further consider, and discuss the
grievance with the grievant and the grievant's representative, if any, as deemed
appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. The parties by written
mutual agreement may move the grievance to Step 2 of the grievance procedure.
2. Step 2
If the written response of the Step 1 does not result in a resolution of the grievance,
the grievant may appeal the grievance by signing and completing the City form and
presenting it to the department head, or designee within 14 calendar days of the
grievant's receipt of the Step 1 response.
The department head, or designee, may further consider and discuss the grievance
with the grievant and the grievant's representative, if any, as deemed appropriate,
and shall, within 14 calendar days of having received the written grievance, submit a
response thereto in writing to the grievant. The parties by written agreement may
move the grievance to Step 3 of the grievance procedure.
3. Step 2.5
After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The
grievance, as originally written and Step 1 and Step 2 responses, must be submitted
to Labor Relations within 14 calendar days of receipt of the Step 2 response. Labor
Relations shall, within 14 calendar days of the receipt of the grievance, meet with the
department head, or designee, and the grievant and the grievant's representative, if
any, in an attempt to resolve the grievance. Labor Relations shall then submit a
written response to all parties within 14 calendar days of the meeting.
4. Step 3
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in a
resolution of the grievance, the grievant may, within 14 calendar days of the
Step 2 response, appeal the grievance by signing and completing the City form
and presenting it to Labor Relations. A Grievance Committee hearing will be
scheduled at which the grievant shall be afforded the opportunity to fully
present his position and to be represented.
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The Grievance Committee shall be composed of:
Chairman – A member of the City Manager’s Office designated by the City
Manager.
2 Members – Mutually agreed upon by City Manager’s Office and Local 493.
The Grievance Committee shall submit findings and advisory
recommendation(s) to the City Manager. The City Manager shall make the
final determination of the grievance and submit it in writing to the grievant and
his designated representative.
b. If the grievant so elects in writing within the above time limit, in lieu of such
hearing the grievance may be reviewed by an arbitrator. The parties, or their
designated representatives, shall agree on an arbitrator, and if they are unable
to agree on an arbitrator within a reasonable time, either party may request
the Federal Mediation and Conciliation Service to submit to them a list of 7
arbitrators who have had experience in the public sector. The parties shall,
within 7 calendar days of the receipt of said list, select the arbitrator by
alternately striking names from said list until one name remains. Such person
shall then become the arbitrator. The arbitrator so selected shall hold a
hearing as expeditiously as possible at a time and place convenient to the
parties, and shall be bound by the following:
i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering
any issue properly before him/her.
ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other
issue not so submitted to him/her.
iii. The arbitrator shall be bound by applicable State and City law.
iv. The cost of the arbitrator and any other mutually incurred costs shall be
borne equally by the parties.
The arbitrator shall submit findings and advisory recommendations to the
City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and his designated
representative.
c. The City is not under any obligation to accept grievances where the City
Manager has previously decided on the same fact pattern.
D. Time Limits
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Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.
E. Union Grievance
The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.
F. Group Grievance
When more than one unit member/employee claims the same violation of the same
rights allegedly accorded by this Memorandum, and such claims arise at substantially
the same time and out of the same circumstances, a single group grievance may be
filed in the name of all such members. Such group grievances shall be filed at the
Step of this Procedure which provides the lowest level of common supervision having
authority over all named Grievants. Each unit member/employee that is a party
Grievant must be named and must sign such group grievance.
G. Employer Grievances
Should they occur as a result of official Union activities or actions, including the failure to
act as required under the terms of this Memorandum, employer grievances will be
presented directly to the Union president or any officer of the Union within 14 days of the
occurrence prompting the grievance. The president, or designee, shall in each case
provide a written answer within 14 days from receipt of the grievance. Unresolved
employer grievances may be submitted to arbitration pursuant to Step 3.
Section 2-2. The RBO / Labor-Management Process
A. The purpose of the Relationships by Objectives (RBO) committee is to enhance
service delivery models and address public safety employee-related issues. The
RBO process is done through the facilitation and open discussion of mutual concerns
and problems which may include; implementation of major department programs
and/or substantial modifications of existing major programs that will have a significant
impact on service delivery or work schedules. Items of concern are then enacted as
initiatives to be in accomplished over the course of the year that follows.
B. The RBO Committee shall meet annually at mutually scheduled times, and at other
mutually agreed upon times as necessary. The RBO Committee process consists
of a Correlating Team. The Correlating Team includes the following representatives
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from Labor and Management: the Fire Chief and Executive Staff (Assistant Fire
Chiefs) and the Union President and Labor Executives. For each initiative mutually
identified in the RBO process, a Committee is established consisting of
representatives from labor and management and facilitated by co-chairs. Sub-
committees are further developed to facilitate meetings to achieve goals as set forth
in the agreed upon initiatives. Throughout the year, Committees and Sub-
Committees will meet regularly to accomplish their RBO initiatives.
C. There shall be a Fire Labor-Management Committee consisting of the Fire Chief and
Union President. The Fire Labor-Management Committee provides oversight for the
entire RBO / Labor-Management Process.
D. A standing agenda will be developed. The members shall, in advance of a meeting,
provide the co-chairs with proposed additional agenda items, and the co-chairs will
provide the members with the meeting agenda.
E. Representatives of the Union on the Committee shall not lose pay or benefits for
meetings mutually scheduled during their duty time.
F. The Sub-Committees may be supplemented by representative(s) of the City Manager
if it is proposed to discuss mutual aid or fire protection contract matters.
G. The Sub-Committees may, if they deem proper, suggest recommendations to the
Fire Chief and the City Manager for their consideration and determination.
H. Employees who are designated by the Fire Labor-Management Committee as
RBO/Labor Management Coordinators will be eligible for compensation from a bank
of 2,112 hours. These individuals, limited to no more than 11 employees, will work
with management on the priorities determined through the RBO (Relationships by
Objectives) process. These initiatives pertain to enhancing operational efficiencies,
service delivery, and improvements to employee safety and organizational
performance.
I. It is understood by the parties that the benefits granted by Section 2-2 of Article 2
shall not be interpreted or applied as requiring the employer to count as time worked
any hours or fractions of hours spent outside the employee's work shift in pursuit of
benefits provided by this Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.
J. The City will provide the professional services of a secretary for the labor-
management process. The secretary will be assigned to the community affairs
division of the Phoenix Fire Department and will work at the direction of the Fire
Labor-Management Committee. The selection process for this position shall be
determined by the Fire Labor-Management Committee.
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K. In the interest of encouraging member total wellness and providing customer service
delivery, the City of Phoenix Fire Department and Phoenix Fire Fighters Association
Local 493 will develop a drug testing policy through the Fire Labor/Management
process. The drug testing program will be administered and managed by the Fire
Department.
Section 2-3. Productivity Discussions
A. Recognizing the need to provide the highest practical level of fire protection and
emergency medical service to the citizens of Phoenix, the City, Fire Department, and
Union, pledge to continue to work towards increasing the productivity of the Phoenix
Fire Department. In a continuing commitment towards increased productivity, the joint
Labor-Management Productivity Committee shall meet on a regular basis during the
term of the M.O.U. to discuss the development of structured productivity programs
within the Phoenix Fire Department.
B. The distribution of any demonstrated economic savings or other productivity
rewarding measures resulting from the implementation of productivity programs shall
be a proper subject for the Meet and Confer process pursuant to Ordinance G-3303.
C. It is understood by the parties that the benefits granted by Section 2-3 of Article 2
shall not be interpreted or applied as requiring the employer to count as time worked
any hours or fractions of hours spent outside the employee's work shift in pursuit of
benefits provided by this Section. The employer shall count as paid leave any hours
or fractions of hours spent within the employee's regular work shift in pursuit of
benefits provided by this Section.
Article 3: Compensation/Wages
Section 3-1. Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This
will be paid out as follows:
1. A 0.82% base wage increase effective the first full pay period in July 2023.
2. A $5.00/hr. “Nightwork Pay” (see Section 3-1.J)
3. An increase in the monthly contribution to the Employee Benefit Trust Fund
(see Section 5-10)
4. An expansion of the Tuition Assistance Program benefit (see Section 5-7).
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B. Additionally, Unit 5 employees will receive a non-continuous payment of
$3,979.00 for each Unit 5 employee to be paid out on the first full pay period in
August of 2023.
C. The City will complete a classification and compensation study before
December 31, 2023.
The City will evaluate the American Rescue Plan Act and will provide a (non-specified)
percentage of premium pay as allowed by the legislation and deemed appropriate by
the City Council, balancing the needs of the community and employees in their
development of a strategic plan for the ARPA funds. The strategic plan will follow
guidelines provided by the Department of Treasury. This language will expire at the
conclusion of the 2021-2023 MOU.
D. Employees assigned to, or assigned as rovers to, Special Operations Teams, canine
search specialists team, and the ARFF program team, and who have also achieved
and maintained the level of Technician, or equivalent, through specific training and
education, shall receive Special Ops Team pay. Members certified in both hazmat
(HMT) and technical rescue (TRT) and assigned to, or assigned as rovers to fill cross
trained positions on the heavy rescue squads and/or C-957 shall receive Bi-Tech
Team pay, which is the sum of HMT & TRT Special Ops Team pay combined.
An employee who is awarded a position on a team in this section shall receive their
Team Pay no later than 6 months, if the Fire Department has not offered the employee
a training spot in the required entry level Special Operations course within 6 months
of accepting their team position.
If Employees who are required to obtain dual technician certification (C957
Captains and employees assigned to heavy rescue squads) do not have either
team pay and employee has not been offered a training spot in the required
entry level Special Operations course within 6 months of accepting their
assignment, they will receive team pay for one of the two disciplines. If the
employee has one technical certification in good standing and is receiving team
pay, the member will receive assignment pay for the second discipline if the
employee has not been offered a training spot in the required entry level
Special Operations course within 6 months of accepting their team position.
E. Effective July 14, 2008, employees who meet the Fire Department’s linguistic skill
qualifications and become certified, shall receive a premium of $75.00 per month.
F. It is understood that the pay rates set forth in Attachment “A” are interpreted to be
specific with regards to steps, corresponding years of service and monthly salaries,
except that performance related items including, but not limited to, special merit
increases, special salary adjustments, demotions, assignment pay and extensions in
merit pay anniversary dates resulting from extended leave without pay, industrial and
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light duty assignments, and reinstatements may alter an employee’s step progression
and monthly salaries as indicated in Attachment “A.”
If an employee is not given his/her performance evaluation by the annual review date,
the employee may request his/her merit increase in writing by sending a memorandum
directly to the Human Resources Officer. If the performance evaluation is an overall
“met,” the request will be processed within 21 calendar days of submittal and will be
retroactive to the performance evaluation annual review date.
G. Employees assigned by the Fire Chief to staff assignments in authorized staff
positions (40 hours) will be entitled to 10% assignment pay if such assignment is to
exceed 2 consecutive pay periods, and shall continue to receive such assignment pay
for the duration of such assignment. This provision shall not apply to employees
attending recruit training or employees assigned to limited duty. Employees assigned
to authorized 40 hour staff assignments and who begin receiving staff assignment pay
shall also be eligible to continue all other current assignment pays provided all
required certifications are maintained. Employees assigned to limited duty shall
continue to receive holiday pay and FLSA/work week adjustments (Section 4-1,
Paragraph E, of Article 4) for the duration of their limited duty assignment, irrespective
of their actual work hours.
H. Employees assigned to any 40 hour staff positions shall receive 2 8 hour or 10 hour
professional development days per year depending on their schedule. The employee
shall decide the days and areas of development. These days shall be assigned
through the vacation signup process. No employee shall receive these days in addition
to the full amount of Local 493 days.
I. The Fire Department's 21-day pay schedule normally begins on C-shift Mondays. In
any leap year, ERSO, South Shift Command, Payroll and Local 493 will identify the
first and most appropriate "Payroll Monday" to switch to a leap year schedule. The
following is the schedule that will be utilized for the coming leap year in 2024:
• Friday, February 16, 2024 (C-Shift Works)
• Saturday, February 17, 2024 (A-Shift Works)
• Sunday, February 18, 2024 (B-Shift Works)
• Monday, February 19, 2024 (C-Shift would normally be scheduled, however,
C-Shift will be converted to A-Shift to coincide with the 21-day pay schedule
and resume the normal ABC shift rotation)
• Tuesday, February 20, 2024 (B-Shift Works)
• Wednesday, February 21, 2024 (C-Shift Works)
J. Effective the first full pay period in July 2023, Unit 5 employees shall be paid
Nightwork Pay of $5.00 per hour on all hours actually worked between 2200
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hours and 0600 hours. No employee shall receive the hourly Nightwork Pay
while on paid leave.
Nightwork Pay must be accounted for in base wage computations for the
purposes of any and all classification and compensation studies and
comparisons.
The parties agree to evaluate this program during the term of the 2023-24
M.O.U.
Section 3-2. Productivity Enhancement Pay
A. In recognition of the significant increase in service delivery and cost savings to the
implement the following Productivity Enhancement Pay formula for employees:
1. In November of each calendar year and June of each calendar year, employees
who have completed at least 7 years of continuous full-time service and who meet
the additional qualifications specified in Section 3-1A of Article 3 shall be paid
$80.00, pro-rated and included each pay period in the qualifying unit
member’s/employee’s regular pay check throughout the year, for each full year of
continuous full-time service in excess of 5 years, up to a semi-annual maximum
of $2,000.00, annual maximum of $4,000.00 at 30 years.
2. Employees on industrial leave shall qualify for this payment for only the first year
of the industrial leave. However, the entire period of industrial leave shall qualify
as continuous service when the employee returns to active employment.
3. Adjustments to payments will be made as soon as possible but no later than 30
days of the qualifying date.
B. An employee must have achieved the overall performance rating of "meets
standards" on his latest scheduled performance evaluation on file in the Human
Resources Department.
C. An employee who receives a below "meets standards" evaluation shall receive
another evaluation within 90 to 120 days, and if that evaluation is "meets standards,"
he will be eligible for Productivity Enhancement Pay starting with the next qualifying
date.
Section 3-3. Overtime
A. Employees who are assigned to be and are on duty beyond their scheduled work
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shift shall be compensated for such assigned overtime work at 1 ½) times their
regular rate, 56 hours or 40 hours, after the first 7 minutes of assigned and worked
overtime calculated to the nearest 1/4 hour.
B. Employees shall have the option of being paid in cash for overtime, or allow the
overtime to accrue as compensatory time up to a maximum of 168 hours for
employees working a 56 hour schedule, or 120 hours for employees working a 40
hour schedule.
C. Overtime compensation shall not be paid twice for the same hours worked.
D. Use of compensatory time shall be in conformance with the requirements of the Fire
Chief and shall take into consideration departmental scheduling and operational
factors.
E. Payment for time worked shall be in conformance with the requirements of the Fire
Chief and shall take into consideration departmental scheduling and operational
factors.
F. The provisions of Section 3-2 of Article 3 shall not apply where an employee is
assigned out-of-class to a non-Unit position.
G. Allocation and opportunities for overtime shall be discussed in the
Labor/Management process.
H. Fire department “peak time” rescues will only be staffed by employees on an overtime
basis. This item reflects an agreement between the Fire Department and the Union
in 1984 on the future staffing of the rescues. The increased work-load and
responsibility of the full time rescues was incented by agreement that there would be
overtime opportunities on peak time rescues. Further, the department was
reorganized through the RBO process in 1993 to enhance ALS and rescue
capabilities throughout the city. This reorganization included a pool of employees to
staff back rescues and guarantee that no new employee would have to work more
than 200 shifts on a rescue. Employees agreeing to be in this pool are then entitled
to work on the peak time rescues on an overtime basis when their name comes up
in a rotation.
Section 3-4. Call Out Pay
A. Call out time shall be at a minimum of 3 hours at 1 ½ times the employee’s regular
rate of pay, 56 hours or 40 hours depending on assignment, after the first 7 minutes
calculated to the nearest 1/4 hour. If a unit member/employee leaves a call out event
without authorization prior to the termination of the event, Section 3-2A of Article 3
shall not apply.
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B. The provisions of this Section shall not apply where an employee is assigned out-of-
class to a non-Unit position.
Section 3-5. Out-of-Class Pay
Pursuant to A.R. 2.201, 16 hours of out-of-class work on a shift for employees will
constitute a full shift of out-of-class assignment pay. There will be no out-of-class pay for
working less than 16 hours.
In order to qualify to be eligible to receive out-of-class assignment pay, employees must
complete 8 shifts of out-of-class assignment (16 hour minimum to constitute a full shift).
As an alternative for qualifying only, 192 hours of out-of-class assignment shall satisfy the
minimum qualifications required to become eligible for out-of-class pay. For the purpose
of the 192 hour qualifier, out-of-class hours must be in increments of no less than 7 hours.
Employees on a 40 hour schedule will complete 11 shifts, 6 hours minimum of out-of-
class assignment, to satisfy the minimum qualifications for out-of-class pay.
Section 3-6. Sick Leave Conversion at Retirement
The following benefit will apply:
A. Definitions
1. "Qualifying Hours" - The minimum number of accrued and unused sick leave
credits existing on the last day of service prior to retirement, which are necessary
before an employee can participate in the benefit program.
2. "Base Number of Hours" or "Base Hours" - The number of hours of accrued and
unused sick leave credits which are uncompensated under Section 3-4 of Article
4 which the City will compensate the employee.
3. "Base Hourly Rate" - The base hourly rate of pay being paid at the time of
retirement to the retiring employee who qualifies for participation in the benefit
program.
B. Benefit and Eligibility
1. An employee that has between 1 – 1,259 hours of sick leave remaining in their
sick leave bank at the time of retirement, or the 40 hour equivalent, shall be
eligible for payment of an amount of compensation equal to his/her base wage for
50% of their hours.
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2. An employee who has accumulated a minimum of 1,260 qualifying hours or more
of accrued and unused sick leave at the time of retirement, or the 40 hour
equivalent, shall be eligible for payment of an amount of compensation equal to
his/her base hourly rate for 65% of their sick hours.
3. An employee who has accumulated a minimum of 1,800 qualifying hours or more
of accrued and unused sick leave at the time of retirement, or 40 hour equivalent,
shall be eligible for payment of an amount of compensation equal to his/her base
hourly rate for 80% of their sick hours.
4. An employee who has accumulated a minimum of 2,400 hours, or the 40 hour
equivalent, or more of accrued and unused sick leave at the time of retirement
shall be eligible for payment of an amount of compensation equal to 100% of
his/her base hourly wage for all hours.
5. Effective July 1, 2014, and thereafter, an employee who has accrued at least 1286
hours for 56 hour members, or 919 hours for 40 hour employees, of unused sick
leave may elect to have 168 hours for a 56 hour unit member/employee, or 120
hours for a 40 hour unit member/employee paid out in a lump sum. Any unit
member/employee may only elect to exercise this benefit 3 times in their career,
and not more than one time in a fiscal year. Eligible employees may elect to buy
back their hours between July 1 and the last pay period in January each fiscal
year.
6. The payments described in numbers 1 through 5 above are not considered Final
Average Salary for purposes of pension calculations.
C. Administration
1. At the time of retirement or death of an active employee who is eligible for
retirement, the City's Employee Benefits Division, or such other individual or
agency as the City may designate, shall determine the employee’s eligibility and
the amount of accrued and unused sick leave to be compensated.
2. The employee shall verify in writing the computation of the Employee Benefits
Division.
3. In the event an employee’s eligibility for participation or the amount of
compensation is disputed, the dispute shall be submitted to the City Auditor for
resolution.
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Section 3-7. Deferred Compensation and Defined Contribution Plans
A. The City shall contribute an amount equal to 4.42% of each employee’s biweekly
gross pay to the City’s 401(a) Defined Contribution Plan. Pension contributions will
be made by both the City and the employee on the contributions.
B. At the employee’s separation, for either retirement or exiting the Deferred Retirement
Options Program, the employee’s sick leave payout amounts will be automatically
contributed into the City’s 401(a) plan. Any excess amount over the Internal Revenue
Code 401(a) plan contribution maximum limits will be automatically contributed into
the City’s 457(b) plan. Any portion of the excess amount that cannot be contributed
to the 457(b) plan because of Internal Revenue Code 457(b) plan contribution
maximum limits will be paid as taxable income. The 401(a) Plan Document as
approved by the Deferred Compensation Board will be the governing document.
Section 3-8. Non-Direct Payment of Compensation or Benefits
Various sections of this MOU contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit member/employee have been negotiated in
place of a direct payment and costed as part of the overall economic package. Examples
include: life insurance, long term disability insurance, leave payouts, member donated
release time, etc.
Article 4. Hours of Work/Working Conditions
Section 4-1. Hours of Work
A. The duty hours for employees assigned to Operations or Emergency Services,
excluding 40 hour staff assignments, shall continue to average 56 hours per week.
Shifts shall continue to be 24 hours in duration.
B. The work hours and schedule of employees assigned to an administrative staff
assignment (Non-Operations/56-hour schedule) shall be 5 8 hour days (excluding
authorized meal breaks), or 4 10 hour days (excluding authorized meal breaks) at the
discretion of the Fire Chief.
C. The work hours and schedule of employees assigned to the Fire Investigations
Section may only be mutually changed by the Fire Chief and the Union President
through the Labor-Management process. Fire Investigation employees will be
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assigned to one of two 40-hour schedules that may include a 4/10 or a modified A,
B, C shift schedule. All schedules will equal a 40-hour work week. All Fire
Investigators, regardless of schedule will be paid overtime at the 40-hour rate.
Fire Investigation employees assigned to the modified shift schedule will be required
to work on City paid holidays when their regular schedule shift occurs on that day.
Those employees required to work on a City holiday as a result of the shift schedule
will receive pay in lieu of time off. The Fire Department shall continue its long-standing
practice of using sworn Fire Captains as Fire Investigators.
The Fire Department will attempt to maintain staffing levels of the Investigations
Section, in order to provide for investigatory needs of the Department. Any future
proposed staffing level recommendations will be discussed through the
labor/management process. A maximum of one vacation shift will be allowed per shift
for those employees assigned to the modified A, B, C shift schedule, unless pre-
approved by department head or designee.
D. When an employee is required to change from one type of a schedule to another by
the Fire Department, the Department shall allow a minimum of 16 hours between
tours of duty.
E. The work week for employees on a 56 hour schedule shall be 53 hours. Employees
will continue to work the existing 56 hour schedule. Employees working the existing
56 hour schedule will be compensated as follows:
1. The first 53 hours will be paid at the base 56 hour rate.
2. The 54th hour will be paid at 1 ½ times the regular hourly rate.
3. The 55th and 56th hours will be paid at 2 times the base 56 hour rate.
F. Employees attending a Department Sponsored Training Programs or courses may
be placed on one of two optional training schedules, based upon Operational,
Training, and budgetary considerations:
Schedule 1. Employees may be placed on a 40-hour work week schedule and be
entitled to a 10% increase in pay in accordance with Section 3-1 (H) of this
Memorandum of Understanding. Employees shall be paid on a 40-hour work week
until completion of the respective Training Program. In the event an employee
attending the Training Program does not receive their regular Local 493 Days (as per
Section 3-1 (I) of this Memorandum of Understanding), any missed Local 493 Days
will be re-scheduled prior to the employee’s return to the Operations Division.
Schedule 2. Employees may remain on their normal Operations schedule (A, B, or
C Shift) and be provided paid Fire Department leave to attend the Training Program
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when their training is scheduled on shift. When members are required to attend
training on their days off, employees will be compensated at 1 ½ times their regular
rate for the hours they are in attendance. Compensation and Local 493 Days will
remain the same as any other employee assigned to a 56-hour work week. The
decision to utilize Schedule 1 or 2 will be discussed in a labor/management setting.
G. Each 56 hour unit employee shall receive 4 shifts off per year, referred to in this MOU
as Local 493 days. This will allow for an hours reduction without specifying a specific
number of hours in this reduction or reducing current rates of pay, FLSA, or hours
reduction pay as specified in Section 4-1, Paragraph E, of Article 4. The rotation
system shall be worked out between the Fire Chief and the Union President with the
consent of the Labor Relations Division. These Local 493 Days shall be awarded
based on total seniority as a sworn member of the Fire Department. Unit 5
employees may submit a request to work a Local 493 day. Management may
hire members to work a Local 493 day in the event the constant staffing
process is utilized to meet minimum staffing requirements. Employees who
work a Local 493 day must work the entire 24-hour shift and shall be
compensated at a rate of one and one-half (1½) times their regular rate of
compensation, in addition to their regular pay. Employees shall have the option
of being paid cash or allow the compensation to accrue as compensatory time
as governed by the current MOU.
Section 4-2. Shift Trades
Two (2) employees serving in the same classification may be granted the opportunity to
exchange shifts up to a maximum of 45 such exchanges per employee in a contract year.
Shift exchanges shall not qualify an employee for premium overtime payment and cannot
be repaid in any other form of compensation. All employees seeking shift exchanges
(AWRs) must be current with all certifications and required training before being approved
for the exchange. All shift exchanges are subject to the approval of the Fire Chief or
his/her designee and shall be in conformance with regulations issued by the Fire Chief.
Section 4-3. Filling Vacancies
The Fire Chief will endeavor to permanently fill vacancies in regular positions, that are
duly authorized to be filled, expeditiously within limitations imposed on him by
administrative and operational factors, and thereafter, consistent with applicable Civil
Service Rules, based on length of service by classification when fitness and qualifications
of interested employees for the particular vacancy are deemed to be equal by the Fire
Chief. When requested, departmental management shall indicate the reason why an
employee was or was not transferred into a vacancy as part of Labor-Management
Committee proceedings. "Vacancy" hereunder is defined as a regular opening in any
position created by death, retirement, dismissal, promotion, demotion, creation of a new
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regular position or transfer, provided, however, that with the filling of staff positions, all
applicants shall be considered, and the Fire Chief shall make the final determination.
Article 5. Benefits
Section 5-1. Health Insurance
A. The City and Union agree to maintain the current 80/20 split for health insurance for
both single and family coverage. If there is a rate increase or decrease in the second
year of this M.O.U., the City shall pay 80% of the new monthly contribution and the
employee will pay 20%.
B. In the event Congress or the State of Arizona passes legislation which considers the
amount the City contributes to health insurance premiums as imputed income, then
the City will consider such contribution as income to the employee.
C. The City shall provide the Basic Medical Reimbursement Plan (MERP) benefits to
MERP eligible Unit retirees and to those employees who are hired before August 1,
2007 and are eligible to retire no later than August 1, 2022 at no less than $202.00
per month. The City also contributes an additional $50 toward City retiree family
medical coverage; this credit is applied directly to the retiree’s premium deduction.
Any employee hired on or after August 1, 2007, regardless of years of service, may
qualify for a Post Employment Health Plan (PEHP) account.
D. Additional MERP amounts will be paid to eligible retirees for the following
categories:
RETIREE COVERAGE – RETIREE NOT ON MEDICARE
ADDITIONAL MERP AMOUNTS
Retiree or Survivor Retiree or Survivor
Retiree or Survivor
w/family coverage – with family coverage
Only NOT on
any dependent NOT – all dependent(s)
Medicare
on Medicare ON Medicare
HMO OR PPO
$105 $325 $210
COVERAGE
RETIREE COVERAGE – RETIREE ON MEDICARE
ADDITIONAL MERP AMOUNTS
Retiree or Survivor Retiree or Survivor
Retiree or Survivor w/family coverage – with family coverage
Only - ON Medicare any dependent NOT – all dependent(s)
on Medicare ON Medicare
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HMO OR PPO
$90 $195 $185
COVERAGE
These MERP amounts are what the City agrees to pay. It is solely at the discretion
of the City Manager to increase these amounts in the future.
E. No more than one time per calendar year, the City will provide Unit 5 mutually
agreed upon healthcare data within a reasonable time, once requested.
Section 5-2. Dental Insurance
A. The dental insurance plan shall consist of 80% payment of reasonable and customary
charges covered for preventive and diagnostic services, basic services, and major
services. The plan shall also include an orthodontia benefit providing for 80%
payment of reasonable and customary charges up to a maximum lifetime benefit of
$2,500.00 per person, maximum lifetime benefit increases to $4,000.00 per person
effective August 1, 2003. This plan is subject to the deductibles and limitations
contained in the contract between the dental insurance carrier and the City of
Phoenix. The City shall continue to pay 100% of the premium costs for single
employees for employees enrolled in the base dental HMO or PPO plan (employee
only coverage), and 75% of the premium costs for employees and their qualified
dependents (family coverage). Enrollment in prior City of Phoenix Dental Plans
counts towards major services time limit exclusions.
B. In the event Congress or the State of Arizona passes legislation that considers the
amount the City contributes to health insurance premiums as imputed income, then
the City will consider such contribution as income to the employee.
Section 5-3. Life Insurance
A. The City will continue the existing off the job and on-the job life and dismemberment
insurance coverage. The policy shall provide a benefit for each employee equal to
the member’s base annual salary. In addition, the City will continue the existing death
in the line of duty insurance of $75,000.00. Additionally, the City will provide to each
employee a $200,000.00 death benefit covering the employee’s commutation to and
from his City work location. This policy will cover the employee’s commute for up to
2 hours before his shift begins, and 2 hours after his shift concludes.
B. In the event of the death of an employee while commuting to or from his work location,
for a period of 2 hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. This policy will be
consistent with the payment of a supplementary commutation life insurance policy for
each employee.
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Section 5-4. Long Term Disability Insurance
The City will offer a long-term disability benefit for all full-time, regular unit
members/employees pursuant to A.R. 2.323 as may be amended (providing that such
amendments shall not be in conflict with the MOU). Employees who have been
continuously employed and working on a full-time basis for twelve consecutive months
are eligible to apply for long term disability coverage. After an established 90 calendar
day qualifying period, the plan will provide up to 66 2/3% of the employee's basic
monthly salary at the time disability occurs and continue up to age 75 for employees
who have been employed full-time for 36 months and one day. This benefit will be
coordinated with leave payments, industrial insurance payments, unemployment
compensation, social security benefits and disability provisions of the retirement plan.
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than 30 months.
Section 5-5. Holidays, Vacations, and Donated Vacation Leave
A. Bank of Donated Leave
1. Each unit member/employee may complete a form to voluntarily donate vacation
leave time for a specified number of hours, not to exceed the maximum number
of hours as noted in Section 5-5, Subsection A, 3. These forms will be processed
on July 1, October 1, January 1, and April 1. The voluntary donation will continue
each subsequent year on the second paycheck in July, unless revoked by the
unit member/employee. This donated time is to be used by union officers and
representatives for Union-related activities as determined by the Unit 5 Union
President and Executive Board. It is recognized that all hours negotiated in lieu
of additional pay and benefits have been donated by the members of Unit 5 from
their bank of vacation leave. By filling out and submitting a voluntary donation
form, each unit member/employee is clearly and affirmatively consenting to the
donation of the stated number of hours from their bank of vacation leave.
2. The total hours donated by the members of Unit 5 will be considered the
maximum number of hours available for donated hours under Article 5, Section
5-5.
3. The maximum number of hours that may be donated by any Unit member is 100
hours per fiscal year.
4. Only members of Unit 5 may donate hours to the Unit 5 bank of hours; Unit 5
may only accept donated hours from Unit 5 members.
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5. No union member may use more than 120 hours of donated time during any one
pay period.
6. Donated time does count towards hours worked for overtime purposes.
7. Examples of work performed by representatives on member donated release in
support of the City include ensuring representation during administrative
investigations and grievance/disciplinary appeal meetings with management;
assisting unit members/employees in understanding and following work rules;
administering the provisions of the Memorandum of Understanding; organizing
and participating in charity functions within the greater Phoenix area to aid our
communities. Member donated release is also used for authorized
representatives to attend Union conferences, meetings, seminars, training
classes, and workshops so that representatives better understand issues such
as City policies and practices, conflict resolution, labor-management
partnerships, and methods of effective representation, or any other purpose
authorized by the President or Executive Board.
B. The City agrees to incorporate into the Memorandum the benefits provided under
Administrative Regulation 2.11 as amended, indicating the following holidays:
1. New Year's Day
2. Martin Luther King's Birthday
3. President's Day
4. Cesar Chavez Birthday (March 31)
5. Memorial Day
6. Juneteenth Day
7. Independence Day
8. Labor Day
9. Veteran's Day
10. Thanksgiving Day
11. Friday after Thanksgiving
12. Christmas Eve Day (6 hours for 56-hour employees and 4 hours for 40 hour
employees).
13. Christmas Day
Employees working a 56 hour schedule shall receive 12 hours pay or compensatory
time each holiday.
C. Employees will continue to receive holiday pay while on industrial leave.
D. Effective January 1, 1987, vacation accrual for employees with less than 5 years shall
be increased to 11.2 hours per month, or the 40 hour equivalent. Vacation accrual
for all other employees shall remain the same as currently authorized.
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E. Employees covered by this M.O.U. shall be permitted to sell back up to 80 hours total
per M.O.U. year of accrued vacation leave to the City at the employee's regular
straight-time hourly rate. This benefit shall not exceed a total of 80 hours and may
be used as follows: 40 hours on the last pay period in November and/or May of each
M.O.U. year. Employees will only be permitted to sell back an amount of accrued
vacation hours that would not result in their total bank of hours to drop below 150 or
210 hours, depending upon the work schedule.
F. Effective July 1, 2014, and thereafter, an employee who has accrued at least 312
hours, or 223 hours for 40 hour employees, may elect to have 252 hours of vacation
for a 56 hour unit member/employee or 180 hours of vacation for a 40 hour unit
member/employee paid out in a lump sum or converted into their comp bank. Any
unit member/employee may only elect to exercise this benefit 4 times in their career,
and not more than one time in a fiscal year. This payment is not considered Final
Average Salary for purposes of pension calculations. Eligible employees may elect
to buy back their hours between July 1 and the last pay period in January each fiscal
year.
G. Employees may donate accrued vacation leave to other City employees who are on
medical leave and who have exhausted all of their paid leave based on guidelines
contained in A.R. 2.144, with the understanding that no employee shall receive more
than 12 months of donated time.
H. Employees who have less than 40 hours vacation may buy up to 120 hours personal
leave. The cost of the personal leave shall be 110% of the employee’s base hourly
rate. Such personal leave use and purchase shall not impact positively or negatively
on the employee’s pension or any other benefits.
I. On the second paycheck in July 2019, and every year thereafter, every unit
member/employee will receive 8.5 hours of vacation time, in addition to their other
accruals, added to their vacation leave. This benefit will continue in perpetuity until
otherwise agreed upon in good faith, by Unit 5 and the City, through the Meet and
Confer process.
J. Military Leave
Pursuant to ARS 26-168, ARS 38-610, and A.R. 2.39, employees who are
members of the Arizona National Guard or the Reserves of the United States
Armed Forces, will be entitled to a leave of absence from their duties for a period
not to exceed 30 days in two consecutive years when they are engaged in ordered
annual training or to attend camps, maneuvers, formations, or armory drills under
orders of any branch, including the reserve or auxiliary. A day is defined as a shift
of work.
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Section 5-6. Uniforms
A. In lieu of the $135.00 per employee per year amount which was previously paid by
the City to the Fire Department for additional uniform items, employees will now
receive an equivalent annual uniform allowance amount of $129.75. Payment of this
uniform allowance will be made on or about August 1 of each MOU year. Such
payment will be made to cover the cost of uniforms, maintenance, and cleaning of
such uniforms.
B. New employees will receive the entire annual uniform allowance within 30 days of
the time they are directed to wear and maintain a uniform. The second uniform
allowance, received at the start of the next fiscal year, will be equal to 1/12 of the
annual uniform allowance for each month of the preceding fiscal period, starting with
the first month the employee was directed to wear and maintain a uniform, to the start
of the new fiscal year.
Prior to entering the Fire Academy, the Fire Department will furnish all new Firefighter
Recruits with the following:
• 3 long sleeve red shirts
• 3 short sleeve red shirts
(Recruits can select any combination of the long and short sleeve shirts noted
above – not to exceed a total of six red shirts)
• 3 pair of blue fatigue pants
• 5 blue physical training (PT) shorts
• 1 pair of blue sweatpants
• 1 red sweatshirt (seasonally dependent)
• 1 belt
• 1 pair of OSHA/ANSI approved work boots; and,
• All necessary PPE’s required to participate in Fire Academy functions.
The Fire Department will provide a full Class A dress uniform upon successful
completion of the Fire Academy and promotion to Firefighter to include the following:
• 1 approved Class A dress jacket complete with patches and full fitment
• 1 approved Class A dress shirt complete with patches and full fitment
• 1 pair of approved Class A dress pants
• 1 approved Class A dress hat
• 1 approved Class A dress tie
• 1 approved Class A belt
• 1 approved Class A pair of shoes
• All approved hardware required (badges/pins etc.) to complete the approved
Class A dress uniform; and,
• All necessary PPE’s required to participate in field functions.
Page 432
Additionally, any Captain RTO (Recruit Training Officer) or Firefighter Mentor
(Firefighter or Engineer) assigned to the Recruit Training Academy will be provided
a full Class A uniform (one time purchase) if the member has not already purchased
one.
Upon promotion to Fire Engineer or Fire Captain, the Fire Department will provide a
full Class A uniform to include the following:
• 1 approved Class A dress jacket complete with patches and full fitment
• 1 approved Class A dress shirt complete with patches and full fitment
• 1 pair of approved Class A dress pants
• 1 approved Class A dress hat
• 1 approved Class A dress tie; and,
• All approved hardware required (badges/pins etc.) to complete the approved
Class A dress uniform.
The Fire Department will provide a Class A uniform to the Unit 5 member as a “one
time only” purchase based upon whichever qualifying criteria previously listed is
initially met. Until all Unit 5 members have been provided a Class A dress uniform
by the Fire Department, no additional Class A dress uniforms will be issued to
members who have already received the benefit. Labor and Management will
continue to discuss funding options for additional Class A dress uniforms and the
implementation plan for the new uniform language outlined above.
Labor and Management will meet to discuss an implementation plan for the new
uniform language outlined above.
C. Employees who leave Department employment shall repay to the City the uniform
allowance equal to 1/12 of the annual allowance per month for each month remaining
in the fiscal year after the last day of the month in which the separation occurs.
Provided, however, that employees who retire after August 31 will not be requested
to repay any uniform allowance.
D. An employee who has been on extended leave (paid or unpaid) of 2 months or longer
shall have the next annual uniform allowance reduced by 1/12 of the annual
allowance for each month of extended leave.
Section 5-7. Tuition Reimbursement
A. Employees who participate in the Tuition Assistance Program shall be eligible for
tuition reimbursement pursuant to the following provisions:
1. The maximum sum reimbursable to employees each fiscal year shall be $6,500.
Page 433
2. To be eligible for any reimbursement, employees must have successfully
completed academic or training courses approved in advance by the Fire Chief
and the Human Resources Director and meet the requirements of A.R. 2.51 as
may be amended, provided such amendments are not in conflict with the M.O.U.
3. Unit members shall be allowed to use up to $1000.00 of their
reimbursement benefit for job-related seminars, workshops, and
professional memberships each fiscal year.
Section 5-8. Wellness, Health and Fitness
A. For each employee, the City of Phoenix shall contribute $2.00 per month to a fitness
fund to maintain and purchase fitness equipment for fire stations which has been
charged against Unit 5’s contract. The Fire Department will also contribute $2.00
each month per member to the fitness fund. The fund will be maintained by the City
and Fire Administration. The Health and Fitness labor management committee shall
oversee the funds and purchase equipment after reviewing input from all Fire
Department personnel.
B. The Phoenix Fire Department Honor Guard is a professional organization that
represents the Fire Department at official events, memorial services, and fire fighter’s
funerals. Through the work of the United Phoenix Fire Fighters Association, a
registered 501c-3 non-profit association (ID#866053047), the Honor Guard provides
public education and community service. . In order to help pay for the expenses
incurred by the Honor Guard members in the performance of their duties, the
City will contribute twenty-five thousand dollars ($25,000.00) into a fund for
each M.O.U. year. The President of the Union or his designee will manage this
fund. The City Auditor Department may conduct annual audits of this fund. Any
payments not adequately supported by the documentation of expenses will be
returned to the fund by the Fire Union.
Section 5-9. Worker’s Compensation
A. Employees who agree to participate in the Fire Department's health centers
consultation and rehabilitation programs shall continue to receive 100% of their
current rate of pay while off-duty due to an industrial injury based on current practice
which is a maximum of 1 year per injury, thereafter the rate becomes 66-2/3%.
B. If there is a disagreement in treatment between the Fire Department physician and
the employee's physician, the (2 physicians shall agree on a third physician whose
decision shall be the final authority. Employees who refuse to adhere to the above
conditions shall only receive 66-2/3% based on current state law and the current
maximum monthly rate allowed. If an employee receives 66-2/3%, he/she may use
Page 434
sick leave, vacation, or compensatory time to make up the difference between 66-
2/3% and 100%.
C. Should the Union believe that a dispute in jurisdiction is unduly delaying a Worker’s
Compensation claim, or if the Union believes the City needs to provides greater
assistance to an employee trying to reopen an old claim, the Union may request a
meeting with City Worker’s Compensation staff (provided the involved employee
signs a release to do so) and such meeting will be scheduled within 14 calendar days.
D. The City will first attempt to use physicians from specialty lists created by City of
Phoenix Pension Boards for Independent Medical Examinations for employees in
Unit 5 (represented by Phoenix Fire Fighters Association Local 493).
E. Family and Medical Leave Act (FMLA) leave shall not run concurrent with leave paid
as industrial injury/illness (e.g. Workers’ Compensation).
Section 5-10. Employee Benefit Trust Fund
A. Effective July 1, 2023, the existence of the Employee Benefit Trust Fund is
continued for the term of this Memorandum of Understanding. The City will
contribute $68 per employee, per month, ($31.385 per pay period) into the Fund for
the purpose of providing a monthly stipend to retirees to apply to the costs of their
health and/or dental insurance, a funeral expense benefit for employees and
retirees, and such other benefits as may be lawfully provided, as determined in
the discretion of the Trustees. The City's contribution will be matched by a $29
per pay period to the same fund made by each employee.
B. The Trust Fund shall be managed and administered by a Board of five (5) Trustees
selected as follows:
1. Two (2) Trustees shall be appointed by the City Manager;
2. Two (2) Trustees shall be appointed by the Phoenix Fire Fighters Association,
Local 493; and
3. One (1) Trustee, who shall serve as Chairperson, shall be selected by the four
(4) appointed Trustees specified above.
C. The Trust Fund shall be invested in prudent, protected investments in compliance
with applicable law. The Trustees may seek such outside, independent advice and
consultation as they shall deem appropriate.
D. The Fund Trustees may adopt such rules and regulations for their Plan of Benefits
as they deem appropriate and are authorized to secure a formal trust instrument. The
trust instrument and any amendments thereto, must be specifically approved by the
City Manager and the Union before they can become effective.
Page 435
E. Sums contributed to the Trust Fund shall be tracked with each employee being
assigned a notional account which records the contributions made by such
employee. All amounts in the Fund, together with any earnings thereon, shall
be available for distribution as specified in the rules and regulations of the Plan
of Benefits adopted by the Trustees. The Trustees shall have authority,
consistent with their duties as Trustees, to amend the Plan of Benefits from
time to time, including the authority to reduce or suspend benefit levels if
required by the level of funding available. In no event will any benefit specified
at any time in the Plan of Benefits be considered non-forfeitable. Benefits may
be insured by a contract of insurance, but there is no liability upon the City, the
Union or the Board of Trustees or its constituent members to provide benefit
payments over and beyond the amounts in the Fund collected and available for
such purpose.
F. Any Fund participant who separates from the bargaining Unit prior to retirement, or
who promotes out of the Unit shall receive an amount equal to all of his or her or her
contributions to the Fund, plus interest based on the average annual interest earned
by the Fund, but shall receive no other benefits and have no other claim on the Fund.
Notwithstanding the foregoing, the Trustees may: (1) permit participants who
promote out of the Unit to continue participation until retirement; and (2) permit
participants who have severed employment to be reinstated in the Fund; either
upon such terms and conditions as the Trustees may require.
G. Upon the death of any employee or retiree, the Fund will provide a benefit to assist
with funeral expenses in an amount to be determined by the Trustees. The Fund
Trustees may determine to provide to a surviving spouse of a deceased
employee or retiree a monthly stipend for application to the cost of their
health/dental insurance.
H. The Trustees shall prepare a booklet describing the Plan of Benefits for
circulation to employees and retirees, and shall prepare and circulate, in like
manner, a summary of any modifications made to the Plan of Benefits during
the term of this Memorandum of Understanding.
I. If the Trust Fund is terminated for any reason, undistributed funds shall be distributed
to those individuals (whether active or retired) who contributed to the Fund. Such
distribution shall be pro rata based on the amount of the contribution of such
individuals to the Fund less any disbursements they have received under the Plan
of Benefits.
J. Payments to retirees from the Trust Fund shall be in addition to current City
contributions to retiree health insurance premiums.
Page 436
Article 6. Miscellaneous
Section 6-1. Saving Clause
A. If any Article or Section of this Memorandum should be held invalid by operation of
law or by a final judgment of any tribunal of competent jurisdiction, or if compliance
with or enforcement of any Article or Section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby. In the event the
decision of the court in Cheatham, et al v. Gordon, is stayed, reversed, vacated or
otherwise not given effect in whole or in part, by any court, then the City agrees to
meet and confer within 30 days of said ruling with Unit 5 to resolve any additional
issues resulting from the ruling of the court. The basis for negotiations will be the
document dated April 13, 2014, Proposed Unit 5 Addendum.
B. It is recognized by the parties that the provisions of the Fair Labor Standards Act are
currently applicable to certain of the wage and premium pay provisions of this M.O.U.,
and that this M.O.U. shall be administered in compliance with the FLSA for so long
as the Act is applicable.
C. Nothing contained in the Memorandum shall preclude the parties from being in
compliance with the requirements of the Americans with Disabilities Act.
Section 6-2. Printing of M.O.U.
Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors, and Suppliers), as may be amended.
Printing of the M.O.U. shall be done by a Union printer only.
Section 6-3. Fire Watch
A. Whenever a Fire Department employee is required by the Fire Marshal or requested
by a private party, to perform a fire watch, standby, or other associated duties for Fire
Code compliance, such opportunities shall first be offered to Unit
members/employees. Such work shall be offered to those members that are suitably
qualified and who volunteer for such duty during their off-duty hours within a rotation
system approved by the Fire Chief after consultation with the Union. In the event that
no employee accepts such work, or in case of emergency, such work shall be offered
to qualified non-Unit employees. It is understood that the rate of payment shall be at
1 ½ times the employee’s base 40 hour rate, except in cases where non-Unit
employees are utilized in which case payment shall be at 1 ½ times the non-Unit
employee’s base 40 hour rate. For purposes of Section 6-3, Article 6 only, the terms
Page 437
"qualified" is defined as follows:
1. "Qualified" shall mean any employee of the Fire Department who is familiar with
the Fire Code and has successfully completed the Fire Watch training program
provided by the Department.
2. “Emergency” shall mean any fire watch situation that cannot be pre-scheduled.
Section 6-4. Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect commencing with the
beginning of the first regular pay period in July 2023, up to the beginning of the first
regular pay period commencing in July 2024.
B. Except as expressly provided in this Memorandum, the City shall not be required to
meet and confer concerning any matter, whether covered or not covered herein to
take effect during the term or extensions thereof.
C. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions. Throughout the term of this Memorandum, the City and the union may
jointly decide to participate in Labor-Management meetings to discuss items of
mutual interest on an as-needed basis.
D. It is intended by the parties hereto that the provisions of this Memorandum shall be
in harmony with the rights, duties, obligations and responsibilities which by law
devolve upon the City Council, City Manager, Fire Chief, and other City boards and
officials, and these provisions shall be interpreted and applied in such manner.
E. The Union recognizes the powers, duties and responsibilities of the Fire Chief as set
forth in the Charter and Ordinances and that pursuant thereto the Fire Chief has the
authority to establish rules and regulations applicable to the operation of the Fire
Department and to the conduct of the employees and officers employed therein,
subject to the express provisions of this Memorandum.
F. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with
the Meet and Confer proceedings resulting in the Memorandum is precluded from
initiating any further meeting and conferring for the term thereof relative to matters
under the control of the Fire Chief, the City Council or the City Manager.
Page 438
IN WITNESS WHEREOF, the parties have set their hands this
____ of May, 2023
_________________________________________________________________
Bryan Willingham, President, Phoenix Fire Fighters Association Local 493
_________________________________________________________________
Jason Perkiser, Assistant Human Resources Director
_________________________________________________________________
Jeff Barton, City Manager, City of Phoenix
ATTEST:
_________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix
APPROVED AS TO FORM:
_________________________________________________________________
City Attorney, City of Phoenix
Local 493 Team: City of Phoenix Team:
Bryan Willingham, President Jason Perkiser, Assistant HR Director
Ben Lindquist Mark Gonzales, Assistant Fire Chief
Ed Beuerlein Tim Gammage, Battalion Chief
Tim West Mike Molitor, Deputy Chief
Eric Kalkbrenner Chris Healey, Deputy Chief
Tim Gammage Jr. Brianna Aceves, Admin. Assistant II
Gabe Orosco Jennifer Flaherty, Secretary, (Scribe)
Scott Crowley
Brian Moore
Page 439
ATTACHMENT A
HOURLY PAY RATES
HOURLY PAY RATES
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
HOURLY HOURLY
FIREFIGHTER STEP STEP
RATE RATE
Upon Graduation
1 1
from Academy
6 Months
After Graduation 2 2
from Academy
1 ½ Years
After Graduation 3 3
from Academy
2 ½ Years
After Graduation 4 4
from Academy
3 ½ Years
After Graduation 5 5
from Academy
4 ½ Years
After Graduation 6 6
from Academy
5 ½ Years
After Graduation 7 7
from Academy
6 ½ Years
After Graduation 8 8
from Academy
7½Years
After Graduation 9 9
from Academy
Page 440
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
FIREFIGHTER HOURLY HOURLY
STEP STEP
PARAMEDIC RATE RATE
Fire Fighter upon
assignment as a 21 21
Paramedic
Fire Fighter
Paramedic after one 22 22
year
Fire Fighter
Paramedic after two 23 23
years
Fire Fighter
Paramedic after 24 24
three years
Fire Fighter
Paramedic after four 25 25
years
HOURLY HOURLY
FIREFIGHTER SO STEP STEP
RATE RATE
Firefighter at Step 1
31 31
upon assignment
Firefighter at Step 2
32 32
upon assignment
Firefighter at Step 3
33 33
upon assignment
Firefighter at Step 4
34 34
upon assignment
Firefighter at Step 5
35 35
upon assignment
Firefighter at Step 6
36 36
upon assignment
Firefighter at Step 7
37 37
upon assignment
Firefighter at Step 8
38 38
upon assignment
Firefighter at Step 9
39 39
upon assignment
Page 441
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
FIREFIGHTER HOURLY HOURLY
STEP STEP
SO/PARA RATE RATE
Firefighter
Paramedic at Step 51 51
21 upon assignment
Firefighter
Paramedic at Step 52 52
22 upon assignment
Firefighter
Paramedic at Step 53 53
23 upon assignment
Firefighter
Paramedic at Step 54 54
24 upon assignment
Firefighter
Paramedic at Step 55 55
25 upon assignment
FIREFIGHTER HOURLY HOURLY
STEP STEP
HMT &TRT RATE RATE
Firefighter at Step 1
61 61
upon assignment
Firefighter at Step 2
62 62
upon assignment
Firefighter at Step 3
63 63
upon assignment
Firefighter at Step 4
64 64
upon assignment
Firefighter at Step 5
65 65
upon assignment
Firefighter at Step 6
66 66
upon assignment
Firefighter at Step 7
67 67
upon assignment
Firefighter at Step 8
68 68
upon assignment
Firefighter at Step 9
69 69
upon assignment
Page 442
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
FIREFIGHTER HMT HOURLY HOURLY
STEP STEP
&TRT/PARA RATE RATE
Firefighter
Paramedic at Step 81 81
21 upon assignment
Firefighter
Paramedic at Step 82 82
22 upon assignment
Firefighter
Paramedic at Step 83 83
23 upon assignment
Firefighter
Paramedic at Step 84 84
24 upon assignment
Firefighter
Paramedic at Step 85 85
25 upon assignment
HOURLY HOURLY
ENGINEER STEP STEP
RATE RATE
Engineer upon
1 1
promotion
Engineer six months
2 2
after promotion
Engineer one and ½
years after 3 3
promotion
ENGINEER HOURLY HOURLY
STEP STEP
PARAMEDIC RATE RATE
Engineer upon
21 21
assignment
Considered for
increase on 22 22
anniversary date
Page 443
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
HOURLY HOURLY
ENGINEER SO STEP STEP
RATE RATE
Engineer upon
31 31
assignment
Considered for
increase on 32 32
anniversary date
ENGINEER HOURLY HOURLY
STEP STEP
SO/PARA RATE RATE
Engineer upon
51 51
assignment
Considered for
increase on 52 52
anniversary date
ENGINEER HOURLY HOURLY
STEP STEP
HMT &TRT RATE RATE
Engineer upon
61 61
assignment
Considered for
increase on 62 62
anniversary date
ENGINEER HOURLY HOURLY
STEP STEP
HMT&TRT/PARA RATE RATE
Engineer upon
81 81
assignment
Considered for
increase on 82 82
anniversary date
HOURLY HOURLY
CAPTAIN STEP STEP
RATE RATE
Captain upon
8 8
promotion
Captain after 1 year 9 9
Captain after 2
10 10
years
Page 444
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
CAPTAIN HOURLY HOURLY
STEP STEP
PARAMEDIC RATE RATE
Captain upon
21 21
assignment
Considered for
increase on 22 22
anniversary date
Considered for
increase on 23 23
anniversary date
HOURLY HOURLY
CAPTAIN SO STEP STEP
RATE RATE
Captain upon
31 31
assignment
Considered for
increase on 32 32
anniversary date
Considered for
increase on 33 33
anniversary date
HOURLY HOURLY
CAPTAIN SO/PARA STEP STEP
RATE RATE
Captain upon
51 51
assignment
Considered for
increase on 52 52
anniversary date
Considered for
increase on 53 53
anniversary date
Page 445
56 HOUR 40 HOUR
Effective Effective
July 10, 2023 July 10, 2023
CAPTAIN HMT HOURLY HOURLY
STEP STEP
&TRT RATE RATE
Captain upon
61 61
assignment
Considered for
increase on 62 62
anniversary date
Considered for
increase on 63 63
anniversary date
CAPTAIN HMT HOURLY HOURLY
STEP STEP
&TRT/PARA RATE RATE
Captain upon
81 81
assignment
Considered for
increase on 82 82
anniversary date
Considered for
increase on 83 83
anniversary date
Progression through these steps shall be in accordance with established regulations and
the City's Pay Ordinance. It is understood that any time a member is promoted to another
classification or assigned as a firefighter paramedic and is within a pay classification
range, the member will proceed to the next higher step upon promotion or assignment.
Page 446
ATTACHMENT B
VACATION CARRYOVER
With the reinstatement of vacation buy back in FY 2021-2022, vacation carryover will be
the established maximum plus 240 hours (or the 56-hour equivalent). In FY 2022-2023,
the vacation carryover will be the established maximum plus 160 hours (or the 56-hour
equivalent). In FY 2023-2024, the vacation carryover will be the established
maximum plus 120 hours (or the 56-hour equivalent).
Page 447
Report
Supporting documents
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Item text
Professional Services for Network Support - Amendments (Ordinance S-49676)
Request to authorize the City Manager, or his designee, to execute amendments to the
contracts with Integrity Network Solutions, LLC 145945; Intraedge, Inc. 145943;
Kollasoft, Inc. 145944; and Scott Business Group, LLC 145942 to extend the contract
term. Further request to authorize the City Controller to disburse all funds related to
this item. No additional funds are needed, request to continue using Ordinance S-
43706.
Summary
These agreements form part of the Professional Services for Network Support
Services Qualified Vendor List (QVL). The contractors provide ad-hoc professional
services related to networking (e.g. Network Technicians, Network Engineers, and
Senior Network Engineers) and provide flexibility in allowing the City to select
technicians with skill sets and experience specific to the IT project being undertaken.
The number and complexity of citywide IT projects can vary over time and the City will
utilize contract technicians to ensure expenses only occur as needed and provide the
specific and unique expertise to ensure projects are successful. This request will allow
the City additional time to solicit and establish new contracts for these services and to
obtain City Council authorization.
Contract Term
Upon approval the contracts will be extended through June 30, 2024.
Financial Impact
There is no financial impact to the City as a result of this request. The contracts'
aggregate value remains at $5 million.
Concurrence/Previous Council Action
These agreements were originally approved by City Council on June 21, 2017,
Ordinance S-43706.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Information
Technology Services Department.
Page 448
Report
Request to authorize the City Manager, or his designee, to execute amendments to the
contracts with Integrity Network Solutions, LLC 145945; Intraedge, Inc. 145943;
Kollasoft, Inc. 145944; and Scott Business Group, LLC 145942 to extend the contract
term. Further request to authorize the City Controller to disburse all funds related to
this item. No additional funds are needed, request to continue using Ordinance S-
43706.
Summary
These agreements form part of the Professional Services for Network Support
Services Qualified Vendor List (QVL). The contractors provide ad-hoc professional
services related to networking (e.g. Network Technicians, Network Engineers, and
Senior Network Engineers) and provide flexibility in allowing the City to select
technicians with skill sets and experience specific to the IT project being undertaken.
The number and complexity of citywide IT projects can vary over time and the City will
utilize contract technicians to ensure expenses only occur as needed and provide the
specific and unique expertise to ensure projects are successful. This request will allow
the City additional time to solicit and establish new contracts for these services and to
obtain City Council authorization.
Contract Term
Upon approval the contracts will be extended through June 30, 2024.
Financial Impact
There is no financial impact to the City as a result of this request. The contracts'
aggregate value remains at $5 million.
Concurrence/Previous Council Action
These agreements were originally approved by City Council on June 21, 2017,
Ordinance S-43706.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Information
Technology Services Department.
Page 448
Report
Supporting documents
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Item text
Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
49644)
Request to authorize the City Manager, or his designee, to transfer retirement funds for
Ron Drake in the amount of $1,201.56 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse the funds.
Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:
Drake, Ron: $1,201.56
Concurrence/Previous Council Action
This item was approved by the COPERS Board at the April 6, 2023 meeting.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Retirement
Office.
Page 449
Report
49644)
Request to authorize the City Manager, or his designee, to transfer retirement funds for
Ron Drake in the amount of $1,201.56 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse the funds.
Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:
Drake, Ron: $1,201.56
Concurrence/Previous Council Action
This item was approved by the COPERS Board at the April 6, 2023 meeting.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Retirement
Office.
Page 449
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
49645)
Request to authorize the City Manager, or his designee, to transfer retirement funds for
Stephanie Kirkpatrick in the amount of $26,124.36 to the Arizona State Retirement
System. Further request to authorize the City Controller to disburse the funds.
Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:
Kirkpatrick, Stephanie: $26,124.36
Concurrence/Previous Council Action
This item was approved by the COPERS Board at the April 6, 2023 meeting.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Retirement
Office.
Page 450
Report
49645)
Request to authorize the City Manager, or his designee, to transfer retirement funds for
Stephanie Kirkpatrick in the amount of $26,124.36 to the Arizona State Retirement
System. Further request to authorize the City Controller to disburse the funds.
Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:
Kirkpatrick, Stephanie: $26,124.36
Concurrence/Previous Council Action
This item was approved by the COPERS Board at the April 6, 2023 meeting.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Retirement
Office.
Page 450
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
49654)
Request to authorize the City Manager, or his designee, to transfer retirement funds for
Deborah Hines in the amount of $93,016.46 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse the funds.
Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:
Hines, Deborah: $93,016.46
Concurrence/Previous Council Action
This item was approved by the COPERS Board at the April 6, 2023 meeting.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Retirement
Office.
Page 451
Report
49654)
Request to authorize the City Manager, or his designee, to transfer retirement funds for
Deborah Hines in the amount of $93,016.46 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse the funds.
Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:
Hines, Deborah: $93,016.46
Concurrence/Previous Council Action
This item was approved by the COPERS Board at the April 6, 2023 meeting.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Retirement
Office.
Page 451
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Extend Contracts for Arts, Education and Recreation Supplies
for the Head Start Birth to Five Program (Ordinance S-49648)
Request authorization for the City Manager, or his designee, to amend Contract
147773 with Kaplan Learning Company, Contract 149817 with Lakeshore Parent, LLC,
Contract 147775 with Nasco, Contract 147789 with S&S Worldwide, Inc., Contract
147772 with School Specialty, Inc., and Contract 147771 with Tout About Toys, Inc., for
the Head Start Birth to Five Program by extending the term of each contract through
June 30, 2024, and increasing funding for the foregoing contracts in an aggregate
amount not to exceed $2 million. The extension will provide continued use of the Arts,
Education and Recreation Supplies vendors. Further request authorization for the City
Controller to disburse all funds related to this item over the life of the contracts. There
is no impact to the General Fund.
Summary
The City of Phoenix Human Services Department has the need to extend the contracts
for arts, education and recreation supplies, which are purchased on an as-needed
basis. The contracts are also utilized by the Library Department.
Procurement Information
In accordance with City of Phoenix Administrative Regulation 3.10, bids were
conducted on April 6, 2018.
The vendors listed below were the bidders determined to have the lowest-prices,
responsive and responsible offers, and were awarded contracts:
· Kaplan Early Learning Company
· Lakeshore Equipment Company dba Lakeshore Parent, LLC
· Nasco Education, LLC dba Nasco
· S&S Worldwide, Inc.
· School Specialty, Inc.
· Tout About Toys, Inc.
Page 452
Contract Term
The initial term for each contract was from June 7, 2018, through June 6, 2021, with an
option to extend for one additional two-year period. Approval of this request would
extend the contracts through June 30, 2024.
Financial Impact
Funding in the amount of $2 million is being added to increase the aggregate
maximum value of the contracts to $6,050,000. Funding is available from the U.S.
Department of Health and Human Services, Administration of Children, Youth and
Families. There is no impact to the General Fund.
Concurrence/Previous Council Action
· City Council approved the initial contracts on April 6, 2018, with Ordinance S-44710.
· The Head Start Birth to Five Policy Council recommended approval of this item on
March 13, 2023, by a vote of 14-0.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 453
Report
for the Head Start Birth to Five Program (Ordinance S-49648)
Request authorization for the City Manager, or his designee, to amend Contract
147773 with Kaplan Learning Company, Contract 149817 with Lakeshore Parent, LLC,
Contract 147775 with Nasco, Contract 147789 with S&S Worldwide, Inc., Contract
147772 with School Specialty, Inc., and Contract 147771 with Tout About Toys, Inc., for
the Head Start Birth to Five Program by extending the term of each contract through
June 30, 2024, and increasing funding for the foregoing contracts in an aggregate
amount not to exceed $2 million. The extension will provide continued use of the Arts,
Education and Recreation Supplies vendors. Further request authorization for the City
Controller to disburse all funds related to this item over the life of the contracts. There
is no impact to the General Fund.
Summary
The City of Phoenix Human Services Department has the need to extend the contracts
for arts, education and recreation supplies, which are purchased on an as-needed
basis. The contracts are also utilized by the Library Department.
Procurement Information
In accordance with City of Phoenix Administrative Regulation 3.10, bids were
conducted on April 6, 2018.
The vendors listed below were the bidders determined to have the lowest-prices,
responsive and responsible offers, and were awarded contracts:
· Kaplan Early Learning Company
· Lakeshore Equipment Company dba Lakeshore Parent, LLC
· Nasco Education, LLC dba Nasco
· S&S Worldwide, Inc.
· School Specialty, Inc.
· Tout About Toys, Inc.
Page 452
Contract Term
The initial term for each contract was from June 7, 2018, through June 6, 2021, with an
option to extend for one additional two-year period. Approval of this request would
extend the contracts through June 30, 2024.
Financial Impact
Funding in the amount of $2 million is being added to increase the aggregate
maximum value of the contracts to $6,050,000. Funding is available from the U.S.
Department of Health and Human Services, Administration of Children, Youth and
Families. There is no impact to the General Fund.
Concurrence/Previous Council Action
· City Council approved the initial contracts on April 6, 2018, with Ordinance S-44710.
· The Head Start Birth to Five Policy Council recommended approval of this item on
March 13, 2023, by a vote of 14-0.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 453
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Amend Contract with Maricopa Association of Governments
(Ordinance S-49657)
Request to authorize the City Manager, or his designee, to amend Contract 155859
with the Maricopa Association of Governments (MAG) to extend the term of the
contract through Aug. 31, 2023. The total value of the contract will remain the same
and not exceed $200,000. Further request authorization for the City Controller to
disburse all funds related to this item. Funding is one-time monies from the U.S.
Department of Housing and Urban Development Community Development Block
Grant. There is no impact to the General Fund.
Summary
MAG oversees the Coordinated Entry (CE) system which is designed to ensure people
experiencing or at risk of homelessness are prioritized for resources based on severity
of need and that people are matched to available resources most suitable to meet their
needs. MAG has evaluated the current regional CE system, identified opportunities to
strengthen the system in light of COVID-19 impacts, and is implementing the identified
enhancements, resulting in a system that more accurately, equitably and effectively
responds to the COVID-19 crisis and ongoing demands on the system. CE is a
federally mandated process that is designed to ensure people experiencing or at risk
of homelessness are prioritized for resources based on severity of need and that
people are matched to available resources most suitable to meet their needs.
Contract Term
The extension option will begin on July 1, 2023, and end on Aug. 31, 2023.
Financial Impact
The total value of the contract will not exceed $200,000. Funding is one-time monies
from the U.S. Department of Housing and Urban Development Community
Development Block Grant. There is no impact to the General Fund.
Concurrence/Previous Council Action
Page 454
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 455
Report
(Ordinance S-49657)
Request to authorize the City Manager, or his designee, to amend Contract 155859
with the Maricopa Association of Governments (MAG) to extend the term of the
contract through Aug. 31, 2023. The total value of the contract will remain the same
and not exceed $200,000. Further request authorization for the City Controller to
disburse all funds related to this item. Funding is one-time monies from the U.S.
Department of Housing and Urban Development Community Development Block
Grant. There is no impact to the General Fund.
Summary
MAG oversees the Coordinated Entry (CE) system which is designed to ensure people
experiencing or at risk of homelessness are prioritized for resources based on severity
of need and that people are matched to available resources most suitable to meet their
needs. MAG has evaluated the current regional CE system, identified opportunities to
strengthen the system in light of COVID-19 impacts, and is implementing the identified
enhancements, resulting in a system that more accurately, equitably and effectively
responds to the COVID-19 crisis and ongoing demands on the system. CE is a
federally mandated process that is designed to ensure people experiencing or at risk
of homelessness are prioritized for resources based on severity of need and that
people are matched to available resources most suitable to meet their needs.
Contract Term
The extension option will begin on July 1, 2023, and end on Aug. 31, 2023.
Financial Impact
The total value of the contract will not exceed $200,000. Funding is one-time monies
from the U.S. Department of Housing and Urban Development Community
Development Block Grant. There is no impact to the General Fund.
Concurrence/Previous Council Action
Page 454
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 455
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Amend Contract with the Diocesan Council for the Society of St.
Vincent de Paul (Ordinance S-49659)
Request to authorize the City Manager, or his designee, to amend Contract 157699
with Diocesan Council for the Society of St. Vincent de Paul (SVdP) to remove
$978,116.36 in American Rescue Plan Act (ARPA) funding and add $978,116.36 in
Emergency Solutions Grant-COVID (ESG-CV) funding. SVdP provides emergency
shelter services at the 2739 E. Washington Street shelter (Shelter). The total value of
the contract will remain the same. Further request authorization for the City Controller
to disburse all funds related to this item. Funding is available from the City’s allocation
of the Emergency Solutions Grant-COVID funding.
Summary
SVdP provides emergency shelter services for those experiencing homelessness at
the Shelter. The services will include: day and nighttime operations, including security
(24/7), beds for up to 200 individuals, three meals per day for all residents, connection
to services related to ending homelessness, laundry, clothing and hygiene supplies,
support case conferencing efforts and coordination with all other providers to connect
individuals to needed services and housing. The funding source is requested to be
changed to CDBG-CV funds as they are unspent from other providers and have a
shorter expenditure deadline than ARPA funds. This will ensure that all CDBG-CV
funds are used for community needs prior to expiration of those funds.
Contract Term
The term of the contract began on or about Nov. 1, 2022, and ends on Dec. 31, 2024.
Financial Impact
The total value of the contract will remain the same and not exceed $4 million. Funding
is available from ARPA and ESG-CV. The ESG-CV funding is only applicable for
expenditures during the period May 3, 2023 through Sept. 30, 2023. There is no
impact to the General Fund.
Concurrence/Previous Council Action
Page 456
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 457
Report
Vincent de Paul (Ordinance S-49659)
Request to authorize the City Manager, or his designee, to amend Contract 157699
with Diocesan Council for the Society of St. Vincent de Paul (SVdP) to remove
$978,116.36 in American Rescue Plan Act (ARPA) funding and add $978,116.36 in
Emergency Solutions Grant-COVID (ESG-CV) funding. SVdP provides emergency
shelter services at the 2739 E. Washington Street shelter (Shelter). The total value of
the contract will remain the same. Further request authorization for the City Controller
to disburse all funds related to this item. Funding is available from the City’s allocation
of the Emergency Solutions Grant-COVID funding.
Summary
SVdP provides emergency shelter services for those experiencing homelessness at
the Shelter. The services will include: day and nighttime operations, including security
(24/7), beds for up to 200 individuals, three meals per day for all residents, connection
to services related to ending homelessness, laundry, clothing and hygiene supplies,
support case conferencing efforts and coordination with all other providers to connect
individuals to needed services and housing. The funding source is requested to be
changed to CDBG-CV funds as they are unspent from other providers and have a
shorter expenditure deadline than ARPA funds. This will ensure that all CDBG-CV
funds are used for community needs prior to expiration of those funds.
Contract Term
The term of the contract began on or about Nov. 1, 2022, and ends on Dec. 31, 2024.
Financial Impact
The total value of the contract will remain the same and not exceed $4 million. Funding
is available from ARPA and ESG-CV. The ESG-CV funding is only applicable for
expenditures during the period May 3, 2023 through Sept. 30, 2023. There is no
impact to the General Fund.
Concurrence/Previous Council Action
Page 456
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 457
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Enter Into an Intergovernmental Agreement with Maricopa
County (Ordinance S-49663)
Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with Maricopa County (County) to accept funding
to expand daytime heat relief services for people experiencing homelessness in
Phoenix. The term of the IGA will begin on or about May 1, 2023, and end on Dec. 31,
2023. The total value of this IGA will not exceed $1,015,000. Further request to
authorize the City Treasurer to accept, and the City Controller to disburse, all funds
related to this item. Funding is available from Maricopa County’s allocation of
American Rescue Plan Act funding.
Summary
Funding awarded to the City from the County will be utilized to expand daytime heat
relief services in Phoenix. Expansion will include two daytime heat relief centers for
people experiencing homelessness. This project expects to provide services to a
minimum of 140 individuals experiencing homelessness per day.
Contract Term
The term of the IGA will begin on or about May 1, 2023, and end on Dec. 31, 2023.
Financial Impact
The total value of the IGA will not exceed $1,015,000. Funding is available from the
County. There is no impact to the General Fund.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 458
Report
County (Ordinance S-49663)
Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with Maricopa County (County) to accept funding
to expand daytime heat relief services for people experiencing homelessness in
Phoenix. The term of the IGA will begin on or about May 1, 2023, and end on Dec. 31,
2023. The total value of this IGA will not exceed $1,015,000. Further request to
authorize the City Treasurer to accept, and the City Controller to disburse, all funds
related to this item. Funding is available from Maricopa County’s allocation of
American Rescue Plan Act funding.
Summary
Funding awarded to the City from the County will be utilized to expand daytime heat
relief services in Phoenix. Expansion will include two daytime heat relief centers for
people experiencing homelessness. This project expects to provide services to a
minimum of 140 individuals experiencing homelessness per day.
Contract Term
The term of the IGA will begin on or about May 1, 2023, and end on Dec. 31, 2023.
Financial Impact
The total value of the IGA will not exceed $1,015,000. Funding is available from the
County. There is no impact to the General Fund.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 458
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Event Space for Meetings and Conferences Qualified Vendors List - RFQu-22-
MSD-73 (Ordinance S-49675)
Request to authorize the City Manager, or his designee, to approve a Qualified
Vendors List (QVL) and enter into agreements with responsive offerors to provide
entertainment venues, meeting and conference facilities to host various types of
events for the Human Services Department. The QVL will not exceed $1,500,000.
Further request to authorize the City Controller to disburse all funds related to this
item.
Summary
The Human Services Department (HSD) provides comprehensive social services to
improve the quality of life for Phoenix residents. HSD has five divisions: Business and
Workforce Development, Community and Senior Services, Education, Management
Services, and Victim Services, as well as provides administrative support for the Office
of Homeless Solutions. HSD has an ongoing need to convene various types of events
for which entertainment venues and event center facilities will be needed. Depending
on the event, facility needs will range from 50 to 600 attendees. Examples of events
include Head Start parent training, teacher conferences, volunteer events and senior
activities. All events will take place in Phoenix, Ariz.
Procurement Information
On Jan. 21, 2023, a Request for Qualifications procurement was conducted in
accordance with City of Phoenix Administrative Regulation 3.10.
Two offers were received March 3, 2023. Both were deemed responsive and
responsible to the solicitation requirements. An evaluation panel comprised of City staff
evaluated the offers based on the following criteria with a maximum possible point total
of 1,000:
· Facility Set-up (400 possible points)
· Facility Accommodations (300 possible points)
· Accessibility (300 possible points)
Page 459
After reaching consensus, the evaluation panel recommends the following offerors be
added to the QVL:
· Sodexo America, LLC dba Desert Willow Conference Center - 775 points
· C&A Events, LLC dba Versalles Palace - 602 points
Contract Term
The QVL will be in effect on or about May 2, 2023, for a five-year term with no options
to extend.
Financial Impact
Expenditures shall not exceed $1,500,000 over the life of the QVL. Funding is
available from all of HSD’s funding sources.
Concurrence/Previous Council Action
The Head Start Birth to Five Policy Council recommended approval of this item on Jan.
9, 2023, by a vote of 14-0.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 460
Report
MSD-73 (Ordinance S-49675)
Request to authorize the City Manager, or his designee, to approve a Qualified
Vendors List (QVL) and enter into agreements with responsive offerors to provide
entertainment venues, meeting and conference facilities to host various types of
events for the Human Services Department. The QVL will not exceed $1,500,000.
Further request to authorize the City Controller to disburse all funds related to this
item.
Summary
The Human Services Department (HSD) provides comprehensive social services to
improve the quality of life for Phoenix residents. HSD has five divisions: Business and
Workforce Development, Community and Senior Services, Education, Management
Services, and Victim Services, as well as provides administrative support for the Office
of Homeless Solutions. HSD has an ongoing need to convene various types of events
for which entertainment venues and event center facilities will be needed. Depending
on the event, facility needs will range from 50 to 600 attendees. Examples of events
include Head Start parent training, teacher conferences, volunteer events and senior
activities. All events will take place in Phoenix, Ariz.
Procurement Information
On Jan. 21, 2023, a Request for Qualifications procurement was conducted in
accordance with City of Phoenix Administrative Regulation 3.10.
Two offers were received March 3, 2023. Both were deemed responsive and
responsible to the solicitation requirements. An evaluation panel comprised of City staff
evaluated the offers based on the following criteria with a maximum possible point total
of 1,000:
· Facility Set-up (400 possible points)
· Facility Accommodations (300 possible points)
· Accessibility (300 possible points)
Page 459
After reaching consensus, the evaluation panel recommends the following offerors be
added to the QVL:
· Sodexo America, LLC dba Desert Willow Conference Center - 775 points
· C&A Events, LLC dba Versalles Palace - 602 points
Contract Term
The QVL will be in effect on or about May 2, 2023, for a five-year term with no options
to extend.
Financial Impact
Expenditures shall not exceed $1,500,000 over the life of the QVL. Funding is
available from all of HSD’s funding sources.
Concurrence/Previous Council Action
The Head Start Birth to Five Policy Council recommended approval of this item on Jan.
9, 2023, by a vote of 14-0.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 460
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Enter Into Contract with Teen Lifeline, Inc. (Ordinance S-49679)
Request to authorize the City Manager, or his designee, to use Coronavirus Aid, Relief,
and Economic Security Act Community Development Block Grant and Community
Development Block Grant (CDBG) funding to enter into contract with Teen Lifeline, Inc.
to provide crisis intervention hotline services targeting persons 10 to 19 years of age.
The term of the contract will begin on or about July 1, 2023, and end on June 30,
2024. The aggregate value of the contract will not exceed $75,000. Further request
authorization for the City Controller to disburse all funds related to this item.
Summary
Teen Lifeline provides a safe, confidential and crucial crisis intervention service for
Arizona teens. Teen Lifeline’s mission to prevent teen suicide in Arizona by enhancing
resiliency in youth and fostering supportive communities. This happens through its
peer-to-peer crisis hotline and suicide prevention education services for teens,
educators, and parents. The hotline provides a safe way for teens to talk to other teens
about thoughts of suicide, depression, anxiety, grades and friend/family issues. The
hotline is answered 24 hours a day, seven days a week using a toll-free phone
number. Teens are also able to text the hotline between 3 p.m. and 9 p.m., seven days
a week. The City of Phoenix does not currently have a contract or support crisis
intervention services focused on teens suffering with suicidal ideation.
Contract Term
The term of the contract will begin on or about July 1, 2023, and end on June 30,
2024.
Financial Impact
The aggregate value of the contract will not exceed $75,000. Funding is available from
the U.S. Department of Housing and Urban Development through the CARES Act and
CDBG funds. There is no impact to the General Fund.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 461
Report
Request to authorize the City Manager, or his designee, to use Coronavirus Aid, Relief,
and Economic Security Act Community Development Block Grant and Community
Development Block Grant (CDBG) funding to enter into contract with Teen Lifeline, Inc.
to provide crisis intervention hotline services targeting persons 10 to 19 years of age.
The term of the contract will begin on or about July 1, 2023, and end on June 30,
2024. The aggregate value of the contract will not exceed $75,000. Further request
authorization for the City Controller to disburse all funds related to this item.
Summary
Teen Lifeline provides a safe, confidential and crucial crisis intervention service for
Arizona teens. Teen Lifeline’s mission to prevent teen suicide in Arizona by enhancing
resiliency in youth and fostering supportive communities. This happens through its
peer-to-peer crisis hotline and suicide prevention education services for teens,
educators, and parents. The hotline provides a safe way for teens to talk to other teens
about thoughts of suicide, depression, anxiety, grades and friend/family issues. The
hotline is answered 24 hours a day, seven days a week using a toll-free phone
number. Teens are also able to text the hotline between 3 p.m. and 9 p.m., seven days
a week. The City of Phoenix does not currently have a contract or support crisis
intervention services focused on teens suffering with suicidal ideation.
Contract Term
The term of the contract will begin on or about July 1, 2023, and end on June 30,
2024.
Financial Impact
The aggregate value of the contract will not exceed $75,000. Funding is available from
the U.S. Department of Housing and Urban Development through the CARES Act and
CDBG funds. There is no impact to the General Fund.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 461
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorize Additional Funding to Golf Course Maintenance and Operation
Contract (Ordinance S-49680)
Request to authorize the City Manager, or his designee, to add additional funding to
OB Sports Golf Management Contract 148918 for golf course maintenance and
operations. Further request to authorize the City Controller to disburse all funds related
to this item. The additional funding will not exceed $2.2 million.
Summary
The City entered into a five-year maintenance and concessions contract with OB
Sports Golf Management (OB Sports) in 2019. Within the normal scope of work, the
contract includes basic daily maintenance of five City golf courses and three food and
beverage concessions. Outsourcing the maintenance of the municipal golf courses
and concessions has been a key component to providing the community with
affordable golf opportunities.
The contract with OB Sports also identifies necessary infrastructure repairs the City is
responsible for such as the replacement of irrigation pumps, fences and building
mechanical equipment. Additionally, the City is required to maintain the concrete cart
paths, sidewalks and large trees. Further, under the contract with OB Sports, the City
may make capital improvements to enhance the golfing experience. These repairs and
improvements are allowable under the contract but were not originally intended when
the contract was executed. Therefore, funding was not allocated to the contract for
these services that OB Sports has performed on behalf of the City.
While the contract contains a revenue generating concessions component and a
capital investment requirement, the additional expenditures were required to maintain
the golf courses.
Contract Term
The contract term is for five years starting Jan. 1, 2019 through Dec. 31, 2023, with an
option to extend for three years, plus two additional one-year periods, for a total of 10
years which may be exercised by the City Manager or designee.
Page 462
Financial Impact
The aggregate value for the initial five-year period will not exceed $18.9 million through
Dec. 31, 2023. Funds are available in the Parks and Recreation Department's Golf
Special Revenue Fund.
Concurrence/Previous Council Action
The City Council approved:
· Golf Course Maintenance and Operation Contract 148918 (Ordinance S-45113) on
Nov. 7, 2018.
Location
Cave Creek Golf Course, 15202 N. 19th Ave.
Encanto 18 Golf Course, 2775 N. 15th Ave.
Encanto 9 Golf Course, 2300 N. 17th Ave.
Palo Verde Golf Course, 6215 N. 15th Ave.
Aguila Golf Course, 8440 S. 35th Ave.
Council Districts: 3, 4, 5 and 7
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.
Page 463
Report
Contract (Ordinance S-49680)
Request to authorize the City Manager, or his designee, to add additional funding to
OB Sports Golf Management Contract 148918 for golf course maintenance and
operations. Further request to authorize the City Controller to disburse all funds related
to this item. The additional funding will not exceed $2.2 million.
Summary
The City entered into a five-year maintenance and concessions contract with OB
Sports Golf Management (OB Sports) in 2019. Within the normal scope of work, the
contract includes basic daily maintenance of five City golf courses and three food and
beverage concessions. Outsourcing the maintenance of the municipal golf courses
and concessions has been a key component to providing the community with
affordable golf opportunities.
The contract with OB Sports also identifies necessary infrastructure repairs the City is
responsible for such as the replacement of irrigation pumps, fences and building
mechanical equipment. Additionally, the City is required to maintain the concrete cart
paths, sidewalks and large trees. Further, under the contract with OB Sports, the City
may make capital improvements to enhance the golfing experience. These repairs and
improvements are allowable under the contract but were not originally intended when
the contract was executed. Therefore, funding was not allocated to the contract for
these services that OB Sports has performed on behalf of the City.
While the contract contains a revenue generating concessions component and a
capital investment requirement, the additional expenditures were required to maintain
the golf courses.
Contract Term
The contract term is for five years starting Jan. 1, 2019 through Dec. 31, 2023, with an
option to extend for three years, plus two additional one-year periods, for a total of 10
years which may be exercised by the City Manager or designee.
Page 462
Financial Impact
The aggregate value for the initial five-year period will not exceed $18.9 million through
Dec. 31, 2023. Funds are available in the Parks and Recreation Department's Golf
Special Revenue Fund.
Concurrence/Previous Council Action
The City Council approved:
· Golf Course Maintenance and Operation Contract 148918 (Ordinance S-45113) on
Nov. 7, 2018.
Location
Cave Creek Golf Course, 15202 N. 19th Ave.
Encanto 18 Golf Course, 2775 N. 15th Ave.
Encanto 9 Golf Course, 2300 N. 17th Ave.
Palo Verde Golf Course, 6215 N. 15th Ave.
Aguila Golf Course, 8440 S. 35th Ave.
Council Districts: 3, 4, 5 and 7
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.
Page 463
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Enter Into Contracts for Homeless Services - Request for
Proposals Contract Awards (Ordinance S-49685)
Request to authorize the City Manager, or his designee, to enter into contracts with
responsive offerors for homeless services for the Office of Homeless Solutions.
Expenditures are not to exceed $15,090,360 in aggregate over the life of the contracts.
Further request authorization for the City Controller to disburse all funds related to this
item. Funds are available from a combination of American Rescue Plan Act,
Emergency Solutions Grant, Community Development Block Grant, and City of
Phoenix General Funds.
Summary
The City of Phoenix Office of Homeless Solutions provides support services for
persons who are experiencing homelessness. Funding will be used for the following
six distinct services prioritized by the City of Phoenix based on identified local needs.
Scope of Work 1 - Emergency Crisis Shelter for Families Prioritized by Phoenix Public
Safety and Human Services Officials
Up to $180,000 annually in Community Development Block Grant funding is made
available for emergency shelter operations and services for families identified by City
of Phoenix Police, Fire and Human Services officials.
Scope of Work 2 - Rapid Rehousing and Housing Stabilization Support
Up to $550,000 annually in Emergency Solutions Grant funding is made available to
support individuals moving from sheltered or unsheltered homelessness to permanent
housing using a Housing First model.
Scope of Work 3 - Navigation and Wrap Around Services for Justice Involved
Individuals Experiencing Homelessness
Up to $225,000 annually in Community Development Block Grant funding is made
available to support persons experiencing homelessness who become involved in the
criminal justice system within the City of Phoenix.
Scope of Work 4 - Outreach and Engagement for Persons Experiencing
Homelessness
Page 464
Up to $600,000 annually in Emergency Solutions Grant, Community Development
Block Grant and/or General-Purpose funding is made available to support outreach
and engagement services for persons experiencing homelessness. Funding for this
category in the amount of $502,638 is contingent upon annual budget approval.
Scope of Work 5 - Phoenix Community Action Response Engagement Services
(C.A.R.E.S.) Outreach
Up to $1,153,772 annually in General Funds and Community Development Block
Grant funding is made available to support the City’s process for connecting the
community with services like encampment clean up, shelters and other resources for
individuals and families experiencing homelessness. General Funds allocation is
contingent upon annual budget approval.
Scope of Work 6 - Homeless Youth Reunification
Up to $309,300 in American Rescue Plan Act funding is made available for services
dedicated to connecting youth experiencing homelessness with housing and support
needs.
Procurement Information
Request for Proposals, RFP-22-OHS-50, was conducted in accordance with the City of
Phoenix Administrative Regulation 3.10. The Human Services Department received 22
offers on Dec. 9, 2022, and all were determined responsive and responsible to the
solicitation requirements.
The Evaluation Committee evaluated all proposals based on the evaluation criteria,
responsiveness to all the specifications, terms and conditions, and responsibility to
provide the required service. The Evaluation Criteria was as follows:
Criteria and Possible Points:
· Service Methodology - 400 possible points
· Cost and Fiscal Ability - 200 possible points
· Organizational Capacity - 200 possible points
· Implementation Plan - 200 possible points
The Evaluation Committee scored all proposals as follows:
Scope of Work 1 - Emergency Crisis Shelter for Families Prioritized by Phoenix Public
Safety and Human Services Officials
Chicanos Por La Causa, Inc.: 678 points
UMOM New Day Centers, Inc.: 490 points
Page 465
Scope of Work 2 - Rapid Rehousing and Housing Stabilization Support
Community Bridges, Inc.: 884 points
Central Arizona Shelter Services, Inc.: 840 points
A New Leaf, Inc: 834 points
UMOM New Day Centers, Inc.: 730 points
Mercy House Living Centers: 556 points
Phoenix Rescue Mission: 511 points
Scope of Work 3 - Navigation and Wrap Around Services for Justice Involved
Individuals Experiencing Homelessness:
Southwest Behavioral Health Services, Inc.: 837 points
Human Services Campus, Inc.: 565 points
Phoenix Rescue Mission: 509 points
Scope of Work 4 - Outreach and Engagement for Persons Experiencing
Homelessness
Community Bridges, Inc.: 842 points
Southwest Behavioral Health Services, Inc.: 740 points
The Salvation Army: 689 points
Homeward Bound: 680 points
Community Bridges, Inc. (Veterans): 587 points
St. Vincent de Paul: 568 points
Circle the City: 489 points
Human Services Campus, Inc.: 447 points
Scope of Work 5 - Phoenix Community Action Response Engagement Services
(C.A.R.E.S.) Outreach
Community Bridges, Inc.: 795 points
Phoenix Rescue Mission: 508 points
Scope of Work 6 - Homeless Youth Reunification
A New Leaf, Inc: 670 points
The Evaluation Committee recommended the following for contract award under
each Scope of Work:
Scope of Work 1 - Emergency Crisis Shelter for Families Prioritized by Phoenix Public
Safety and Human Services Officials
Chicanos Por La Causa, Inc.: 678 points
Page 466
Scope of Work 2 - Rapid Rehousing and Housing Stabilization Support
Community Bridges, Inc.: 884 points
Scope of Work 3 - Navigation and Wrap Around Services for Justice Involved
Individuals Experiencing Homelessness
Southwest Behavioral Health Services, Inc.: 837 points
Scope of Work 4 - Outreach and Engagement for Persons Experiencing
Homelessness
Community Bridges, Inc. (RISE): 842 points
Scope of Work 5 - Phoenix Community Action Response Engagement Services
(C.A.R.E.S.) Outreach
Community Bridges, Inc.: 795 points
Scope of Work 6 - Homeless Youth Reunification
A New Leaf, Inc: 670 points
Contract Term
The term for the contracts for Scopes of Work 1-5 will begin on or about July 1, 2023,
and end June 30, 2024, with four, one-year options to extend. The contract for Scope
of Work 6 will begin on or about July 1, 2023 and run through December 31, 2024.
Financial Impact
Expenditures will not exceed $15,090,360 in aggregate over the life of the contracts.
Funds are available from a combination of American Rescue Plan Act, Emergency
Solutions Grant, Community Development Block Grant and City of Phoenix General
Funds. Full funding is contingent upon annual budget approval.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 467
Report
Proposals Contract Awards (Ordinance S-49685)
Request to authorize the City Manager, or his designee, to enter into contracts with
responsive offerors for homeless services for the Office of Homeless Solutions.
Expenditures are not to exceed $15,090,360 in aggregate over the life of the contracts.
Further request authorization for the City Controller to disburse all funds related to this
item. Funds are available from a combination of American Rescue Plan Act,
Emergency Solutions Grant, Community Development Block Grant, and City of
Phoenix General Funds.
Summary
The City of Phoenix Office of Homeless Solutions provides support services for
persons who are experiencing homelessness. Funding will be used for the following
six distinct services prioritized by the City of Phoenix based on identified local needs.
Scope of Work 1 - Emergency Crisis Shelter for Families Prioritized by Phoenix Public
Safety and Human Services Officials
Up to $180,000 annually in Community Development Block Grant funding is made
available for emergency shelter operations and services for families identified by City
of Phoenix Police, Fire and Human Services officials.
Scope of Work 2 - Rapid Rehousing and Housing Stabilization Support
Up to $550,000 annually in Emergency Solutions Grant funding is made available to
support individuals moving from sheltered or unsheltered homelessness to permanent
housing using a Housing First model.
Scope of Work 3 - Navigation and Wrap Around Services for Justice Involved
Individuals Experiencing Homelessness
Up to $225,000 annually in Community Development Block Grant funding is made
available to support persons experiencing homelessness who become involved in the
criminal justice system within the City of Phoenix.
Scope of Work 4 - Outreach and Engagement for Persons Experiencing
Homelessness
Page 464
Up to $600,000 annually in Emergency Solutions Grant, Community Development
Block Grant and/or General-Purpose funding is made available to support outreach
and engagement services for persons experiencing homelessness. Funding for this
category in the amount of $502,638 is contingent upon annual budget approval.
Scope of Work 5 - Phoenix Community Action Response Engagement Services
(C.A.R.E.S.) Outreach
Up to $1,153,772 annually in General Funds and Community Development Block
Grant funding is made available to support the City’s process for connecting the
community with services like encampment clean up, shelters and other resources for
individuals and families experiencing homelessness. General Funds allocation is
contingent upon annual budget approval.
Scope of Work 6 - Homeless Youth Reunification
Up to $309,300 in American Rescue Plan Act funding is made available for services
dedicated to connecting youth experiencing homelessness with housing and support
needs.
Procurement Information
Request for Proposals, RFP-22-OHS-50, was conducted in accordance with the City of
Phoenix Administrative Regulation 3.10. The Human Services Department received 22
offers on Dec. 9, 2022, and all were determined responsive and responsible to the
solicitation requirements.
The Evaluation Committee evaluated all proposals based on the evaluation criteria,
responsiveness to all the specifications, terms and conditions, and responsibility to
provide the required service. The Evaluation Criteria was as follows:
Criteria and Possible Points:
· Service Methodology - 400 possible points
· Cost and Fiscal Ability - 200 possible points
· Organizational Capacity - 200 possible points
· Implementation Plan - 200 possible points
The Evaluation Committee scored all proposals as follows:
Scope of Work 1 - Emergency Crisis Shelter for Families Prioritized by Phoenix Public
Safety and Human Services Officials
Chicanos Por La Causa, Inc.: 678 points
UMOM New Day Centers, Inc.: 490 points
Page 465
Scope of Work 2 - Rapid Rehousing and Housing Stabilization Support
Community Bridges, Inc.: 884 points
Central Arizona Shelter Services, Inc.: 840 points
A New Leaf, Inc: 834 points
UMOM New Day Centers, Inc.: 730 points
Mercy House Living Centers: 556 points
Phoenix Rescue Mission: 511 points
Scope of Work 3 - Navigation and Wrap Around Services for Justice Involved
Individuals Experiencing Homelessness:
Southwest Behavioral Health Services, Inc.: 837 points
Human Services Campus, Inc.: 565 points
Phoenix Rescue Mission: 509 points
Scope of Work 4 - Outreach and Engagement for Persons Experiencing
Homelessness
Community Bridges, Inc.: 842 points
Southwest Behavioral Health Services, Inc.: 740 points
The Salvation Army: 689 points
Homeward Bound: 680 points
Community Bridges, Inc. (Veterans): 587 points
St. Vincent de Paul: 568 points
Circle the City: 489 points
Human Services Campus, Inc.: 447 points
Scope of Work 5 - Phoenix Community Action Response Engagement Services
(C.A.R.E.S.) Outreach
Community Bridges, Inc.: 795 points
Phoenix Rescue Mission: 508 points
Scope of Work 6 - Homeless Youth Reunification
A New Leaf, Inc: 670 points
The Evaluation Committee recommended the following for contract award under
each Scope of Work:
Scope of Work 1 - Emergency Crisis Shelter for Families Prioritized by Phoenix Public
Safety and Human Services Officials
Chicanos Por La Causa, Inc.: 678 points
Page 466
Scope of Work 2 - Rapid Rehousing and Housing Stabilization Support
Community Bridges, Inc.: 884 points
Scope of Work 3 - Navigation and Wrap Around Services for Justice Involved
Individuals Experiencing Homelessness
Southwest Behavioral Health Services, Inc.: 837 points
Scope of Work 4 - Outreach and Engagement for Persons Experiencing
Homelessness
Community Bridges, Inc. (RISE): 842 points
Scope of Work 5 - Phoenix Community Action Response Engagement Services
(C.A.R.E.S.) Outreach
Community Bridges, Inc.: 795 points
Scope of Work 6 - Homeless Youth Reunification
A New Leaf, Inc: 670 points
Contract Term
The term for the contracts for Scopes of Work 1-5 will begin on or about July 1, 2023,
and end June 30, 2024, with four, one-year options to extend. The contract for Scope
of Work 6 will begin on or about July 1, 2023 and run through December 31, 2024.
Financial Impact
Expenditures will not exceed $15,090,360 in aggregate over the life of the contracts.
Funds are available from a combination of American Rescue Plan Act, Emergency
Solutions Grant, Community Development Block Grant and City of Phoenix General
Funds. Full funding is contingent upon annual budget approval.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.
Page 467
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization for Glass Repair and Replacement Services (Ordinance S-49698)
Request for authorization for the City Manager, or his designee, to approve spending
authority for Glass Repair and Replacement Services. Further request to authorize the
City Controller to disburse all funds related to this item. The funding will not exceed
$175,000.
Summary
The Parks and Recreation Department previously obtained its glass repair and
replacement services through a Citywide contract that expired in February 2023. A new
solicitation process was conducted by the Finance Department; however, departments
were informed in March that the solicitation process had to be canceled. The Parks
and Recreation Department requests $175,000 in spending authority to make off-
contract purchases with various vendors, as needed, until a new Citywide contract is
executed.
Financial Impact
Funding is available in the Parks and Recreation Department's Capital Improvement
Program budget.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.
Page 468
Report
Request for authorization for the City Manager, or his designee, to approve spending
authority for Glass Repair and Replacement Services. Further request to authorize the
City Controller to disburse all funds related to this item. The funding will not exceed
$175,000.
Summary
The Parks and Recreation Department previously obtained its glass repair and
replacement services through a Citywide contract that expired in February 2023. A new
solicitation process was conducted by the Finance Department; however, departments
were informed in March that the solicitation process had to be canceled. The Parks
and Recreation Department requests $175,000 in spending authority to make off-
contract purchases with various vendors, as needed, until a new Citywide contract is
executed.
Financial Impact
Funding is available in the Parks and Recreation Department's Capital Improvement
Program budget.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.
Page 468
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Office of Heat Response and Mitigation Heat Relief Grant Program (Ordinance S-
49700)
Request authorization for the City Manager, or his designee, to enter into multiple
grant agreements with multiple grantees to disburse funds and supplies for the Heat
Relief Grant Program. Further request to authorize the City Controller to disburse all
funds and supplies related to this item. Funding is available through the City's
allocation of American Rescue Plan Act (ARPA) funding received from the federal
government. There is no impact to the General Fund. The aggregate expenditures will
not exceed $450,000.
Summary
Phoenix’s Office of Heat Response and Mitigation (OHRM) is leading the efforts of the
hottest large city in the United States to fight the growing hazard of urban heat. OHRM
focuses on both heat response (helping people cope with hot weather) and heat
mitigation (cooling the city and making it more comfortable). During all seasons of the
year, OHRM coordinates programs and policies to help lower urban temperatures and
protect public health. The Office also tracks trends, collects data, and collaborates with
other governments and organizations to share ideas and solutions when it comes to
dealing with heat.
As of April 3, 2023, the Maricopa County Department of Public Health had confirmed
424 heat-associated deaths for 2022, with a limited number of additional cases
pending further review. The 2022 total reflects an increase of 25 percent above the
heat-associated death total from 2021 and is the highest number of heat-associated
deaths reported since formal tracking began in 2006.
To provide heat relief outreach efforts across the City of Phoenix, OHRM is seeking
authorization to use $450,000 in ARPA funds to develop a Heat Relief Grant Program
to provide funding and supplies for heat relief to multiple community non-profits. There
is a rich network of organizations in Phoenix with capacity and interest to serve heat
vulnerable residents, and the impact of their work could be significantly amplified with
additional resources. The Heat Relief Grant Program will enable these organizations to
procure heat relief supplies and distribute them to communities disproportionately
Page 469
impacted by heat, including those most impacted by the COVID-19 pandemic. The
OHRM Heat Response Program Manager will facilitate and administer this grant
program. The Heat Relief Grant Program will run concurrently with the regional Heat
Relief Network calendar and conclude by Sept. 30, 2023.
Financial Impact
Funding for this program will not exceed $450,000. There is no impact to the General
Fund. Funding is available through the City's allocation of ARPA from the federal
government.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Office of Heat
Response and Mitigation.
Page 470
Report
49700)
Request authorization for the City Manager, or his designee, to enter into multiple
grant agreements with multiple grantees to disburse funds and supplies for the Heat
Relief Grant Program. Further request to authorize the City Controller to disburse all
funds and supplies related to this item. Funding is available through the City's
allocation of American Rescue Plan Act (ARPA) funding received from the federal
government. There is no impact to the General Fund. The aggregate expenditures will
not exceed $450,000.
Summary
Phoenix’s Office of Heat Response and Mitigation (OHRM) is leading the efforts of the
hottest large city in the United States to fight the growing hazard of urban heat. OHRM
focuses on both heat response (helping people cope with hot weather) and heat
mitigation (cooling the city and making it more comfortable). During all seasons of the
year, OHRM coordinates programs and policies to help lower urban temperatures and
protect public health. The Office also tracks trends, collects data, and collaborates with
other governments and organizations to share ideas and solutions when it comes to
dealing with heat.
As of April 3, 2023, the Maricopa County Department of Public Health had confirmed
424 heat-associated deaths for 2022, with a limited number of additional cases
pending further review. The 2022 total reflects an increase of 25 percent above the
heat-associated death total from 2021 and is the highest number of heat-associated
deaths reported since formal tracking began in 2006.
To provide heat relief outreach efforts across the City of Phoenix, OHRM is seeking
authorization to use $450,000 in ARPA funds to develop a Heat Relief Grant Program
to provide funding and supplies for heat relief to multiple community non-profits. There
is a rich network of organizations in Phoenix with capacity and interest to serve heat
vulnerable residents, and the impact of their work could be significantly amplified with
additional resources. The Heat Relief Grant Program will enable these organizations to
procure heat relief supplies and distribute them to communities disproportionately
Page 469
impacted by heat, including those most impacted by the COVID-19 pandemic. The
OHRM Heat Response Program Manager will facilitate and administer this grant
program. The Heat Relief Grant Program will run concurrently with the regional Heat
Relief Network calendar and conclude by Sept. 30, 2023.
Financial Impact
Funding for this program will not exceed $450,000. There is no impact to the General
Fund. Funding is available through the City's allocation of ARPA from the federal
government.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Office of Heat
Response and Mitigation.
Page 470
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Annual Community Development Block Grant Public Service and Public Facility
Grant Awards (Ordinance S-49678)
Request to authorize the City Manager, or his designee, to enter into Fiscal Year (FY)
2023-24 Community Development Block Grant (CDBG) contracts for Public Service
programs and Public Facility projects for an aggregate amount not to exceed
$540,000. Further request to authorize the City Controller to disburse all funds related
to this item over the life of the contracts.
Summary
In October 2022, the City Council approved the issuance of a Notice of Funding
Opportunity (NOFO) for the CDBG funded Public Service and Public Facility (PS/PF)
programs for FY 2023-24. The PS/PF programs provide an opportunity for non-profits
to implement facility improvements on non-profit owned buildings, that are open to the
public as a public facility, and to deliver critical programs and services serving low- and
moderate-income communities in Phoenix. The public service priorities were Low-
Income Youth Services, Support Services for Persons with Disabilities and Support
Services for Seniors. On Nov. 4, 2022, the NOFO was issued by the Neighborhood
Services Department and closed on Dec. 20, 2022. A total of 36 responsive
applications were received.
Applications were evaluated and scored by the Community Development (CD) Review
Committee; an 11-member committee. Each application was rated on a 1,000-point
scale using the criteria outlined below.
Public Service Programs
· Organizational Capacity - 250 points;
· Program Description and Need - 250 points;
· Program Feasibility - 250 points; and
· Program Budget - 250 points.
Public Facility Projects
· Organizational Capacity and Past Experience - 250 points;
· Project Description and Need - 250 points;
Page 471
· Project Feasibility - 250 points; and
· Project Budget - 250 points.
A total of 25 applications met the Committee's threshold score and were invited to
make presentations on their proposed programs/projects. Committee members scored
each application individually. Funding recommendations were developed based on the
committee member's average final scores.
The following list identifies the applications recommended for funding by the CD
Review Committee.
CDBG Public Service Grant Program Awardees
· 1N10 (one-n-ten) - Youth Center: $30,000
· Boys & Girls Clubs of the Valley - Academic Success for At Risk Youth: $30,000
· Central Arizona Shelter Services (CASS) - CASS Haven Case Managers: $30,000
· Chicanos Por La Cause - Outreach Program for Seniors: $30,000
· Child Crisis Arizona - Independent Living for Foster Youth: $30,000
· Homeless Youth Connection - Hatcher Transitional Living Program: $30,000
· Homeward Bound - Youth Programs: $30,000
· Southern Arizona Association of the Visually Impaired - Health & Wellness Program
for People Who are Blind: $30,000
CDBG Public Facility Grant Program Awardees
· Epi-Hab Phoenix, Inc. - Vocational Rehab Construction: $150,000
· The Opportunity Tree - ADA Accessible Restroom Renovations: $150,000
Contract Term
The term of the contracts will be July 1, 2023, through June 30, 2024, with an option to
extend through Dec. 31, 2024, that may be exercised at the discretion of the City
Manager or his designee.
Financial Impact
These programs are funded by the U.S. Department of Housing and Urban
Development through CDBG funding and prior year Program Income. There is no
impact to the General Fund.
Page 472
Concurrence/Previous Council Action
The FY 2023-24 CDBG PS/PF NOFO was approved by the Community and Cultural
Investment Subcommittee on Oct. 5, 2022, and City Council on Oct. 26, 2022.
Location
Council Districts: 3, 4, 5, 7 and 8
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.
Page 473
Report
Grant Awards (Ordinance S-49678)
Request to authorize the City Manager, or his designee, to enter into Fiscal Year (FY)
2023-24 Community Development Block Grant (CDBG) contracts for Public Service
programs and Public Facility projects for an aggregate amount not to exceed
$540,000. Further request to authorize the City Controller to disburse all funds related
to this item over the life of the contracts.
Summary
In October 2022, the City Council approved the issuance of a Notice of Funding
Opportunity (NOFO) for the CDBG funded Public Service and Public Facility (PS/PF)
programs for FY 2023-24. The PS/PF programs provide an opportunity for non-profits
to implement facility improvements on non-profit owned buildings, that are open to the
public as a public facility, and to deliver critical programs and services serving low- and
moderate-income communities in Phoenix. The public service priorities were Low-
Income Youth Services, Support Services for Persons with Disabilities and Support
Services for Seniors. On Nov. 4, 2022, the NOFO was issued by the Neighborhood
Services Department and closed on Dec. 20, 2022. A total of 36 responsive
applications were received.
Applications were evaluated and scored by the Community Development (CD) Review
Committee; an 11-member committee. Each application was rated on a 1,000-point
scale using the criteria outlined below.
Public Service Programs
· Organizational Capacity - 250 points;
· Program Description and Need - 250 points;
· Program Feasibility - 250 points; and
· Program Budget - 250 points.
Public Facility Projects
· Organizational Capacity and Past Experience - 250 points;
· Project Description and Need - 250 points;
Page 471
· Project Feasibility - 250 points; and
· Project Budget - 250 points.
A total of 25 applications met the Committee's threshold score and were invited to
make presentations on their proposed programs/projects. Committee members scored
each application individually. Funding recommendations were developed based on the
committee member's average final scores.
The following list identifies the applications recommended for funding by the CD
Review Committee.
CDBG Public Service Grant Program Awardees
· 1N10 (one-n-ten) - Youth Center: $30,000
· Boys & Girls Clubs of the Valley - Academic Success for At Risk Youth: $30,000
· Central Arizona Shelter Services (CASS) - CASS Haven Case Managers: $30,000
· Chicanos Por La Cause - Outreach Program for Seniors: $30,000
· Child Crisis Arizona - Independent Living for Foster Youth: $30,000
· Homeless Youth Connection - Hatcher Transitional Living Program: $30,000
· Homeward Bound - Youth Programs: $30,000
· Southern Arizona Association of the Visually Impaired - Health & Wellness Program
for People Who are Blind: $30,000
CDBG Public Facility Grant Program Awardees
· Epi-Hab Phoenix, Inc. - Vocational Rehab Construction: $150,000
· The Opportunity Tree - ADA Accessible Restroom Renovations: $150,000
Contract Term
The term of the contracts will be July 1, 2023, through June 30, 2024, with an option to
extend through Dec. 31, 2024, that may be exercised at the discretion of the City
Manager or his designee.
Financial Impact
These programs are funded by the U.S. Department of Housing and Urban
Development through CDBG funding and prior year Program Income. There is no
impact to the General Fund.
Page 472
Concurrence/Previous Council Action
The FY 2023-24 CDBG PS/PF NOFO was approved by the Community and Cultural
Investment Subcommittee on Oct. 5, 2022, and City Council on Oct. 26, 2022.
Location
Council Districts: 3, 4, 5, 7 and 8
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.
Page 473
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
2023-24 Housing and Urban Development Consolidated Plan Annual Action Plan
(Ordinance S-49681)
This report requests City Council approval of 2023-24 Consolidated Plan Annual Action
Plan broad activity areas and the submission of the plan to the U.S. Department of
Housing and Urban Development (HUD). The responsible departments also seek
authorization to proceed with all actions necessary or appropriate to implement and
administer these plans, to include HUD-funded CARES Act (CV) allocations, including
payment authority to reimburse funds to HUD and programming any current or prior
year Program Income. Further request authorization for the City Treasurer to accept
and the City Controller to disburse all funds related to these items.
Summary
The Fiscal Year (FY) 2023-24 Annual Action Plan examines housing and community
development needs in the City of Phoenix and defines strategies for addressing those
needs throughout the year. The Annual Action Plan contains the planning and
application requirements for four major HUD programs that provide critical funds to
entitlement cities such as Phoenix every year. The four programs are: the Community
Development Block Grant (CDBG), HOME Investment Partnership (HOME),
Emergency Solutions Grants (ESG) and Housing Opportunities for Persons With AIDS
(HOPWA). Through adoption of the 2020-24 Consolidated Plan in May 2020, City
Council approved the general priorities and plans for these programs. Funds for these
four programs are allocated annually by HUD to the City based on population and
other socio-economic indicators. Each year, the Annual Action Plan details how federal
funds will be spent during the coming year.
The following describes the four major HUD programs and proposed allocations by
activity area.
FY 2023-24 allocations are:
CDBG
· Critical Core Department Programs: $10,026,767
· Program Management, Coordination and Support: $3,084,915
· Public Services: $2,314,111
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Total CDBG Funding: $15,425,793
HOME
· Multi Family Rental Housing, Down Payment Assistance, Special Projects and
Reconstruction/Rehabilitation of Owner Occupied Homes: $5,813,334
· Program Management, Coordination and Support: $645,926
Total HOME funding: $6,459,260
HOPWA
· Client and Housing Services: $5,283,695
· Program Management, Coordination and Support: $163,413
Total HOPWA funding: $5,447,108
ESG
· Emergency Shelter: $700,810
· Rapid Re-Housing: $570,000
· Street Outreach: $97,362
· Homeless Management Information System Data and Reporting: $10,000
Total ESG funding: $1,378,172
CDBG: $15,425,793
HOME: $6,459,260
HOPWA: $5,447,108
ESG: $1,378,172
Total funding: $28,710,333
Public Outreach
The Annual Action Plan process was approved by City Council on Oct. 5, 2022. A
survey was distributed by multiple City departments, through social media outlets, and
posted on the Neighborhood Services Department's webpage on Dec. 2, 2022, to
obtain community and stakeholder input relative to the priorities identified through the
2020-21 Consolidated Plan process. The survey was offered in English and Spanish
and more than 530 responses were received. On Feb. 9, 2023, a virtual public hearing
was held, and on Feb. 24, 2023, a HUD required in-person public hearing was held to
share the survey results and obtain additional public input to assess community needs
throughout Phoenix. Residents and stakeholders provided input regarding housing,
social services, neighborhood revitalization and community development. Additionally,
residents who were unable to attend the public hearings had the opportunity to submit
comments via e-mail or voicemail. This information formed the basis for the FY 2023-
Page 475
24 Annual Action Plan.
A draft of the FY 2023-24 Annual Action Plan was made available on March 27, 2023,
for an advertised 30-day public comment period, and a third, virtual and in-person
hybrid, public hearing was conducted on April 11, 2023, to obtain community and
stakeholder input relative to the draft. The goal of the Annual Action Plan process, per
HUD requirements, is to ensure comprehensive community planning and coordinated
service delivery to meet critical housing and community development needs.
Concurrence/Previous Council Action
This item is scheduled to be heard by the Community and Cultural Investment
Subcommittee on May 3, 2023.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes, the Neighborhood
Services, Human Services and Housing departments, and the Office of Homeless
Solutions.
Page 476
Report
(Ordinance S-49681)
This report requests City Council approval of 2023-24 Consolidated Plan Annual Action
Plan broad activity areas and the submission of the plan to the U.S. Department of
Housing and Urban Development (HUD). The responsible departments also seek
authorization to proceed with all actions necessary or appropriate to implement and
administer these plans, to include HUD-funded CARES Act (CV) allocations, including
payment authority to reimburse funds to HUD and programming any current or prior
year Program Income. Further request authorization for the City Treasurer to accept
and the City Controller to disburse all funds related to these items.
Summary
The Fiscal Year (FY) 2023-24 Annual Action Plan examines housing and community
development needs in the City of Phoenix and defines strategies for addressing those
needs throughout the year. The Annual Action Plan contains the planning and
application requirements for four major HUD programs that provide critical funds to
entitlement cities such as Phoenix every year. The four programs are: the Community
Development Block Grant (CDBG), HOME Investment Partnership (HOME),
Emergency Solutions Grants (ESG) and Housing Opportunities for Persons With AIDS
(HOPWA). Through adoption of the 2020-24 Consolidated Plan in May 2020, City
Council approved the general priorities and plans for these programs. Funds for these
four programs are allocated annually by HUD to the City based on population and
other socio-economic indicators. Each year, the Annual Action Plan details how federal
funds will be spent during the coming year.
The following describes the four major HUD programs and proposed allocations by
activity area.
FY 2023-24 allocations are:
CDBG
· Critical Core Department Programs: $10,026,767
· Program Management, Coordination and Support: $3,084,915
· Public Services: $2,314,111
Page 474
Total CDBG Funding: $15,425,793
HOME
· Multi Family Rental Housing, Down Payment Assistance, Special Projects and
Reconstruction/Rehabilitation of Owner Occupied Homes: $5,813,334
· Program Management, Coordination and Support: $645,926
Total HOME funding: $6,459,260
HOPWA
· Client and Housing Services: $5,283,695
· Program Management, Coordination and Support: $163,413
Total HOPWA funding: $5,447,108
ESG
· Emergency Shelter: $700,810
· Rapid Re-Housing: $570,000
· Street Outreach: $97,362
· Homeless Management Information System Data and Reporting: $10,000
Total ESG funding: $1,378,172
CDBG: $15,425,793
HOME: $6,459,260
HOPWA: $5,447,108
ESG: $1,378,172
Total funding: $28,710,333
Public Outreach
The Annual Action Plan process was approved by City Council on Oct. 5, 2022. A
survey was distributed by multiple City departments, through social media outlets, and
posted on the Neighborhood Services Department's webpage on Dec. 2, 2022, to
obtain community and stakeholder input relative to the priorities identified through the
2020-21 Consolidated Plan process. The survey was offered in English and Spanish
and more than 530 responses were received. On Feb. 9, 2023, a virtual public hearing
was held, and on Feb. 24, 2023, a HUD required in-person public hearing was held to
share the survey results and obtain additional public input to assess community needs
throughout Phoenix. Residents and stakeholders provided input regarding housing,
social services, neighborhood revitalization and community development. Additionally,
residents who were unable to attend the public hearings had the opportunity to submit
comments via e-mail or voicemail. This information formed the basis for the FY 2023-
Page 475
24 Annual Action Plan.
A draft of the FY 2023-24 Annual Action Plan was made available on March 27, 2023,
for an advertised 30-day public comment period, and a third, virtual and in-person
hybrid, public hearing was conducted on April 11, 2023, to obtain community and
stakeholder input relative to the draft. The goal of the Annual Action Plan process, per
HUD requirements, is to ensure comprehensive community planning and coordinated
service delivery to meet critical housing and community development needs.
Concurrence/Previous Council Action
This item is scheduled to be heard by the Community and Cultural Investment
Subcommittee on May 3, 2023.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes, the Neighborhood
Services, Human Services and Housing departments, and the Office of Homeless
Solutions.
Page 476
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
2023-24 Neighborhood Services Department Housing Rehabilitation Programs
(Ordinance S-49682)
Request to authorize the City Manager, or his designee, to apply for, accept, and if
awarded, enter into any necessary agreements to implement the Neighborhood
Services Department (NSD) grant-funded Housing Rehabilitation Programs. Further
request authorization for the City Treasurer to accept, and the City Controller to
disburse, all funds related to this item. There is no impact to the General Fund.
Summary
NSD manages housing rehabilitation projects that enhance the quality of life for low-
and moderate-income property owners and tenants by rehabilitating single- and multi-
family owner- and tenant-occupied properties to address health and safety hazards,
and promote conservation, sustainability and energy efficiency to support and
revitalize communities. Housing rehabilitation projects are funded through a variety of
federal, state and local grant funds, outlined below.
· U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
funds used to fund housing rehabilitation contracts between low- and moderate-
income property owners and contractors on the Approved Contractor List (ACL).
These contracts may also be supplemented with funding from the U.S. Department
of Energy, utility providers, and other state and local agencies.
· HUD Office of Lead Hazard Control and Healthy Home (OLHCHH) funding supports
NSD's Lead Safe Program and its ongoing efforts to provide lead testing and lead
hazard remediation services in single- and multi-family housing units built before
1978 and occupied by low-income families with pregnant women and/or children
under six years of age. The OLHCHH competitive grant applications fund the Lead
Safe Phoenix program, in partnership with the Maricopa County Department of
Public Health, and funds direct contracts with environmental consulting firms.
· U.S. Department of Health and Human Services and U.S. Department of Energy
Weatherization Assistance Program (WAP) funds provided through the Arizona
Department of Housing, Arizona Public Service, Salt River Project, Southwest Gas,
the Utility Repair, Replacement and Deposit program, the Low-Income Home
Page 477
Energy Assistance Program and Wildfire support NSD's continuous commitment of
providing weatherization assistance services. These services include installation of
attic insulation, sunscreens, duct sealing, room pressure relief/air balancing, and
the repair or replacement of heating and cooling systems in owner-occupied and
rental households that meet federal poverty guidelines.
NSD will maintain an ACL to enhance the number of eligible small businesses. To be
added to the ACL and be eligible to participate as a housing rehabilitation contractor,
receive bid opportunities and perform construction services on housing rehabilitation
projects, contractors must be screened and qualified on an individual basis and must
meet and maintain all eligibility requirements set forth within the NSD Housing Rehab
Contractor Application Packet found on the NSD website. The ACL will be continuously
open to local contractors that meet the applicable criteria in the Contractor Application
Packet to promote small business participation. Contractors on the ACL will be
selected to submit bids on a rotating basis.
NSD seeks authorization to proceed with all actions necessary or appropriate to
implement and administer its grant-funded Housing Rehabilitation programs, including
applying for and accepting up to $13,745,000 in funding. NSD expects to be awarded
approximately:
· $1.7 million in CDBG funds;
· $6 million in WAP funds;
· $970,000 in OLHCHH funds;
· $575,000 in HOME funds; and
· Up to $4.5 million in the City's second tranche of American Rescue Plan Act funds.
Actions include:
· If awarded, enter into any necessary contracts or agreements with the grantor(s) to
fund existing and future contracts in accordance with the grant terms.
· Enter into and amend contracts with eligible property owners to perform
rehabilitation services; enter into contracts with private contractors; issue Request
for Proposals, Request for Qualifications, Calls for Interest, and Requests for Bids
for Housing Rehabilitation Program services; award, negotiate, and execute
contracts with the successful responders; and negotiate and/or amend existing
contracts with various contractors and service providers to perform work on eligible
housing and rental rehabilitation projects.
· Maintain an ACL of qualified contractors to enter into agreements with low- and
Page 478
moderate-income property owners funded by NSD pursuant to the grant terms.
These funds may be disbursed to the property owner or contractor.
· Take all other action necessary or appropriate to carry out the purposes of this item
and implement and administer the Housing Rehabilitation Program grants according
to their terms.
Procurement Information
As needed to implement and administer NSD's Housing Rehabilitation Programs,
services may be procured using procurement procedures in accordance with
Administrative Regulation 3.10.
Financial Impact
These programs are funded with federal, state and local grants. There is no impact to
the General Fund.
Concurrence/Previous Council Action
This item is scheduled to be heard by the Community and Cultural Investment
Subcommittee on May 3, 2023.
Public Outreach
The ACL and/or other procurement opportunities will be advertised in local print media
and will also be posted on NSD's website.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.
Page 479
Report
(Ordinance S-49682)
Request to authorize the City Manager, or his designee, to apply for, accept, and if
awarded, enter into any necessary agreements to implement the Neighborhood
Services Department (NSD) grant-funded Housing Rehabilitation Programs. Further
request authorization for the City Treasurer to accept, and the City Controller to
disburse, all funds related to this item. There is no impact to the General Fund.
Summary
NSD manages housing rehabilitation projects that enhance the quality of life for low-
and moderate-income property owners and tenants by rehabilitating single- and multi-
family owner- and tenant-occupied properties to address health and safety hazards,
and promote conservation, sustainability and energy efficiency to support and
revitalize communities. Housing rehabilitation projects are funded through a variety of
federal, state and local grant funds, outlined below.
· U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
funds used to fund housing rehabilitation contracts between low- and moderate-
income property owners and contractors on the Approved Contractor List (ACL).
These contracts may also be supplemented with funding from the U.S. Department
of Energy, utility providers, and other state and local agencies.
· HUD Office of Lead Hazard Control and Healthy Home (OLHCHH) funding supports
NSD's Lead Safe Program and its ongoing efforts to provide lead testing and lead
hazard remediation services in single- and multi-family housing units built before
1978 and occupied by low-income families with pregnant women and/or children
under six years of age. The OLHCHH competitive grant applications fund the Lead
Safe Phoenix program, in partnership with the Maricopa County Department of
Public Health, and funds direct contracts with environmental consulting firms.
· U.S. Department of Health and Human Services and U.S. Department of Energy
Weatherization Assistance Program (WAP) funds provided through the Arizona
Department of Housing, Arizona Public Service, Salt River Project, Southwest Gas,
the Utility Repair, Replacement and Deposit program, the Low-Income Home
Page 477
Energy Assistance Program and Wildfire support NSD's continuous commitment of
providing weatherization assistance services. These services include installation of
attic insulation, sunscreens, duct sealing, room pressure relief/air balancing, and
the repair or replacement of heating and cooling systems in owner-occupied and
rental households that meet federal poverty guidelines.
NSD will maintain an ACL to enhance the number of eligible small businesses. To be
added to the ACL and be eligible to participate as a housing rehabilitation contractor,
receive bid opportunities and perform construction services on housing rehabilitation
projects, contractors must be screened and qualified on an individual basis and must
meet and maintain all eligibility requirements set forth within the NSD Housing Rehab
Contractor Application Packet found on the NSD website. The ACL will be continuously
open to local contractors that meet the applicable criteria in the Contractor Application
Packet to promote small business participation. Contractors on the ACL will be
selected to submit bids on a rotating basis.
NSD seeks authorization to proceed with all actions necessary or appropriate to
implement and administer its grant-funded Housing Rehabilitation programs, including
applying for and accepting up to $13,745,000 in funding. NSD expects to be awarded
approximately:
· $1.7 million in CDBG funds;
· $6 million in WAP funds;
· $970,000 in OLHCHH funds;
· $575,000 in HOME funds; and
· Up to $4.5 million in the City's second tranche of American Rescue Plan Act funds.
Actions include:
· If awarded, enter into any necessary contracts or agreements with the grantor(s) to
fund existing and future contracts in accordance with the grant terms.
· Enter into and amend contracts with eligible property owners to perform
rehabilitation services; enter into contracts with private contractors; issue Request
for Proposals, Request for Qualifications, Calls for Interest, and Requests for Bids
for Housing Rehabilitation Program services; award, negotiate, and execute
contracts with the successful responders; and negotiate and/or amend existing
contracts with various contractors and service providers to perform work on eligible
housing and rental rehabilitation projects.
· Maintain an ACL of qualified contractors to enter into agreements with low- and
Page 478
moderate-income property owners funded by NSD pursuant to the grant terms.
These funds may be disbursed to the property owner or contractor.
· Take all other action necessary or appropriate to carry out the purposes of this item
and implement and administer the Housing Rehabilitation Program grants according
to their terms.
Procurement Information
As needed to implement and administer NSD's Housing Rehabilitation Programs,
services may be procured using procurement procedures in accordance with
Administrative Regulation 3.10.
Financial Impact
These programs are funded with federal, state and local grants. There is no impact to
the General Fund.
Concurrence/Previous Council Action
This item is scheduled to be heard by the Community and Cultural Investment
Subcommittee on May 3, 2023.
Public Outreach
The ACL and/or other procurement opportunities will be advertised in local print media
and will also be posted on NSD's website.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.
Page 479
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
2023-24 Community Development Block Grant Neighborhood Economic
Development Programs (Ordinance S-49683)
Request to authorize the City Manager, or his designee, to procure services and
amend existing contracts as necessary or appropriate to implement the Neighborhood
Services Department's (NSD) grant-funded Neighborhood Economic Development
(NED) Programs. All existing contract spending limits are included in the aggregate
total of this item. Further request to authorize the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item. There is no impact to the General
Fund.
Summary
NSD administers several economic development programs that make a significant and
positive impact on Phoenix neighborhoods by expanding economic opportunities for
low- and moderate-income individuals through job creation and training, and providing
valuable and timely resources to the small businesses that serve their community
including consultations, technical assistance, financing opportunities and forgivable
loans for rehabilitation projects. The U.S. Department of Housing and Urban
Development (HUD), through the Community Development Block Grant (CDBG),
funds the NED Programs listed below.
Entrepreneurship Assistance Program (EAP)
EAP provides admission into Phoenix-based co-working and accelerator spaces and
incubators and provides direct access to trainings, technical assistance and targeted
workshops in English, Spanish or other languages to micro- and small businesses
entrepreneurs in low- and moderate-income areas.
Management Technical Assistance (MTA) and Other Business Consultant Programs
These programs support and help sustain micro- and small businesses in low- to
moderate-income neighborhoods by providing free financial literacy and business
management consulting assistance through one-on-one consultations and group
workshops that focus on topics that include, but are not limited to: marketing,
management of personal and business accounts, credit building and investing, and
managing digital presence. Available services and resources will be made available in
various languages.
Page 480
Neighborhood Commercial Rehabilitation (NCR) Programs
Commercial neighborhood rehabilitation programs encourage neighborhood
revitalization. NCR provides financial and technical assistance to existing business and
commercial property owners along targeted City of Phoenix business corridors.
Program support, through capital improvements, ensure the long-term sustainability of
the community and structures.
Other Small Business Assistance Programs
To respond to the changing needs of the micro-business community, NSD may
propose developing additional tools and program resources to promote their
sustainability and success. Program funding could include grants, loans or other
assistance for businesses that operate in, or predominately serve, low- to moderate-
income communities. In addition, partnerships with non-profit agencies or other
organizations could be established to leverage funding options and other services.
Program Eligibility for NSD's NED Programs
Business owners must meet a CDBG National Objective to take part in NED
Programs. Under Special Economic Development Activities, owners must provide a
public benefit or deliver neighborhood enhancements, including job creation for local
residents, blight elimination, or the provision of qualified goods and services to
residents of targeted, low- to moderate-income Phoenix neighborhoods, to be eligible
to participate in economic development programs. Additionally, under 24-CFR
570.208, services must benefit low- to moderate-income residents and/or low- to
moderate-income Phoenix neighborhoods.
NSD estimates using up to $1.8 million in CDBG funds from current and prior HUD
allocations to implement economic development programs. NSD projects
approximately:
· $200,000 for EAP;
· $300,000 for MTA;
· $500,000 for Small Business Assistance; and
· $800,000 for NCR.
Activities include:
· Issue Request for Proposals, Requests for Qualifications, Calls for Interest,
Invitations for Bids, Request for Bids and other procurements in accordance with
Administrative Regulation 3.10;
Page 481
· Deliver economic development services with various business and/or property
through the utilization of financial tools such as grants and loans;
· Amend existing contracts with various business or property owners, or agencies
such as non- and for-profit organizations and other agencies, to provide targeted
economic development services and implement and administer the Neighborhood
Economic Development Program activities; and
· Maintain an ACL of qualified contractors to enter into agreements with low- and
moderate-income property owners funded by NSD pursuant to the grant terms.
These funds may be disbursed to the property owner or contractor.
· Take all other action necessary or appropriate to carry out the purposes of this item
and implement and administer the NED Program grants according to their terms.
Application and Review Process
NED Program applications may be submitted at any time and are reviewed by City of
Phoenix staff as they are received to determine the eligibility and feasibility of the
proposed project. Successful applications must meet a CDBG National Objective in
accordance with HUD program regulations.
Concurrence/Previous Council Action
This item is scheduled for approval by the Community and Cultural Investment
Subcommittee on May 3, 2023.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.
Page 482
Report
Development Programs (Ordinance S-49683)
Request to authorize the City Manager, or his designee, to procure services and
amend existing contracts as necessary or appropriate to implement the Neighborhood
Services Department's (NSD) grant-funded Neighborhood Economic Development
(NED) Programs. All existing contract spending limits are included in the aggregate
total of this item. Further request to authorize the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item. There is no impact to the General
Fund.
Summary
NSD administers several economic development programs that make a significant and
positive impact on Phoenix neighborhoods by expanding economic opportunities for
low- and moderate-income individuals through job creation and training, and providing
valuable and timely resources to the small businesses that serve their community
including consultations, technical assistance, financing opportunities and forgivable
loans for rehabilitation projects. The U.S. Department of Housing and Urban
Development (HUD), through the Community Development Block Grant (CDBG),
funds the NED Programs listed below.
Entrepreneurship Assistance Program (EAP)
EAP provides admission into Phoenix-based co-working and accelerator spaces and
incubators and provides direct access to trainings, technical assistance and targeted
workshops in English, Spanish or other languages to micro- and small businesses
entrepreneurs in low- and moderate-income areas.
Management Technical Assistance (MTA) and Other Business Consultant Programs
These programs support and help sustain micro- and small businesses in low- to
moderate-income neighborhoods by providing free financial literacy and business
management consulting assistance through one-on-one consultations and group
workshops that focus on topics that include, but are not limited to: marketing,
management of personal and business accounts, credit building and investing, and
managing digital presence. Available services and resources will be made available in
various languages.
Page 480
Neighborhood Commercial Rehabilitation (NCR) Programs
Commercial neighborhood rehabilitation programs encourage neighborhood
revitalization. NCR provides financial and technical assistance to existing business and
commercial property owners along targeted City of Phoenix business corridors.
Program support, through capital improvements, ensure the long-term sustainability of
the community and structures.
Other Small Business Assistance Programs
To respond to the changing needs of the micro-business community, NSD may
propose developing additional tools and program resources to promote their
sustainability and success. Program funding could include grants, loans or other
assistance for businesses that operate in, or predominately serve, low- to moderate-
income communities. In addition, partnerships with non-profit agencies or other
organizations could be established to leverage funding options and other services.
Program Eligibility for NSD's NED Programs
Business owners must meet a CDBG National Objective to take part in NED
Programs. Under Special Economic Development Activities, owners must provide a
public benefit or deliver neighborhood enhancements, including job creation for local
residents, blight elimination, or the provision of qualified goods and services to
residents of targeted, low- to moderate-income Phoenix neighborhoods, to be eligible
to participate in economic development programs. Additionally, under 24-CFR
570.208, services must benefit low- to moderate-income residents and/or low- to
moderate-income Phoenix neighborhoods.
NSD estimates using up to $1.8 million in CDBG funds from current and prior HUD
allocations to implement economic development programs. NSD projects
approximately:
· $200,000 for EAP;
· $300,000 for MTA;
· $500,000 for Small Business Assistance; and
· $800,000 for NCR.
Activities include:
· Issue Request for Proposals, Requests for Qualifications, Calls for Interest,
Invitations for Bids, Request for Bids and other procurements in accordance with
Administrative Regulation 3.10;
Page 481
· Deliver economic development services with various business and/or property
through the utilization of financial tools such as grants and loans;
· Amend existing contracts with various business or property owners, or agencies
such as non- and for-profit organizations and other agencies, to provide targeted
economic development services and implement and administer the Neighborhood
Economic Development Program activities; and
· Maintain an ACL of qualified contractors to enter into agreements with low- and
moderate-income property owners funded by NSD pursuant to the grant terms.
These funds may be disbursed to the property owner or contractor.
· Take all other action necessary or appropriate to carry out the purposes of this item
and implement and administer the NED Program grants according to their terms.
Application and Review Process
NED Program applications may be submitted at any time and are reviewed by City of
Phoenix staff as they are received to determine the eligibility and feasibility of the
proposed project. Successful applications must meet a CDBG National Objective in
accordance with HUD program regulations.
Concurrence/Previous Council Action
This item is scheduled for approval by the Community and Cultural Investment
Subcommittee on May 3, 2023.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.
Page 482
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
2023-24 Community Development Block Grant Neighborhood Enhancement and
Infrastructure Programs (Ordinance S-49684)
Request to authorize the City Manager, or his designee, to procure services and
amend existing contracts as necessary or appropriate to implement the Neighborhood
Services Department's (NSD) grant-funded Enhancement and Infrastructure Programs
in an aggregate amount not to exceed $8,800,000. All existing contract spending limits
are included in the aggregate total for this item. Further request to authorize the City
Treasurer to accept, and the City Controller to disburse, all funds related to this item.
Summary
NSD administers enhancement and infrastructure projects that benefit low- and
moderate-income residents of Phoenix, and prevent or eliminate blight by improving
the physical infrastructure of neighborhoods. Enhancement and Infrastructure
Programs are designed and implemented in partnership with active neighborhood
organizations, City of Phoenix departments, including Parks and Recreation and Street
Transportation, and local non-profit organizations to provide additional resources and
support to execute strategies that achieve basic neighborhood improvement goals.
The U.S. Department of Housing and Urban Development (HUD), through the
Community Development Block Grant (CDBG), funds the following Enhancement and
Infrastructure Programs:
· The Neighborhood Infrastructure Program sponsors activities that improve streets
and street lighting, water and sewer, drainage, and other infrastructure projects in
low- and moderate-income areas. All projects are subject to federal regulations and
requirements.
· The Neighborhood Enhancement Program sponsors activities that address
neighborhood needs with projects that include, but are not limited to: improving
parks, playgrounds, landscaping and lighting, streets and landscaping, security, and
traffic mitigation. All projects are subject to federal regulations and requirements.
· Additional activities include the acquisition and rehabilitation of public facilities to
address slum and blight on a spot or area basis.
NSD seeks authorization to proceed with all actions necessary or appropriate to
Page 483
implement and administer the grant-funded Neighborhood Enhancement and
Infrastructure Programs in Fiscal Year 2023-24.
· If approved, procure and/or amend any necessary contracts or agreements with the
sub recipient to fund existing and future contracts in accordance with the grant
terms.
· Acquire real property meeting the applicable federal rules and regulations and take
all actions necessary to carry out acquisition and rehabilitation activities in
accordance with grant terms.
· Take all other action necessary or appropriate to carry out the purposes of the item
and implement and administer the Neighborhood Enhancement and Infrastructure
Programs in accordance with federal regulations and requirements.
Applicant and Review Process
Neighborhood Enhancement and Infrastructure applications may be submitted any
time and are reviewed by City of Phoenix staff as they are received to determine the
eligibility and feasibility of proposed projects. Successful applications must benefit and
serve low- and moderate-income residents of Phoenix and prevent or eliminate blight
by improving the physical infrastructure of neighborhoods.
Procurement Information
Services may be procured, as needed, utilizing procurement procedures in accordance
with Administrative Regulation 3.10 to implement and administer NSD's Neighborhood
Enhancement and Infrastructure Programs.
Financial Impact
These programs are funded by HUD through CDBG funds. There is no impact to the
General Fund.
Concurrence/Previous Council Action
This item is scheduled to be heard by the Community and Cultural Investment
Subcommittee on May 3, 2023.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.
Page 484
Report
Infrastructure Programs (Ordinance S-49684)
Request to authorize the City Manager, or his designee, to procure services and
amend existing contracts as necessary or appropriate to implement the Neighborhood
Services Department's (NSD) grant-funded Enhancement and Infrastructure Programs
in an aggregate amount not to exceed $8,800,000. All existing contract spending limits
are included in the aggregate total for this item. Further request to authorize the City
Treasurer to accept, and the City Controller to disburse, all funds related to this item.
Summary
NSD administers enhancement and infrastructure projects that benefit low- and
moderate-income residents of Phoenix, and prevent or eliminate blight by improving
the physical infrastructure of neighborhoods. Enhancement and Infrastructure
Programs are designed and implemented in partnership with active neighborhood
organizations, City of Phoenix departments, including Parks and Recreation and Street
Transportation, and local non-profit organizations to provide additional resources and
support to execute strategies that achieve basic neighborhood improvement goals.
The U.S. Department of Housing and Urban Development (HUD), through the
Community Development Block Grant (CDBG), funds the following Enhancement and
Infrastructure Programs:
· The Neighborhood Infrastructure Program sponsors activities that improve streets
and street lighting, water and sewer, drainage, and other infrastructure projects in
low- and moderate-income areas. All projects are subject to federal regulations and
requirements.
· The Neighborhood Enhancement Program sponsors activities that address
neighborhood needs with projects that include, but are not limited to: improving
parks, playgrounds, landscaping and lighting, streets and landscaping, security, and
traffic mitigation. All projects are subject to federal regulations and requirements.
· Additional activities include the acquisition and rehabilitation of public facilities to
address slum and blight on a spot or area basis.
NSD seeks authorization to proceed with all actions necessary or appropriate to
Page 483
implement and administer the grant-funded Neighborhood Enhancement and
Infrastructure Programs in Fiscal Year 2023-24.
· If approved, procure and/or amend any necessary contracts or agreements with the
sub recipient to fund existing and future contracts in accordance with the grant
terms.
· Acquire real property meeting the applicable federal rules and regulations and take
all actions necessary to carry out acquisition and rehabilitation activities in
accordance with grant terms.
· Take all other action necessary or appropriate to carry out the purposes of the item
and implement and administer the Neighborhood Enhancement and Infrastructure
Programs in accordance with federal regulations and requirements.
Applicant and Review Process
Neighborhood Enhancement and Infrastructure applications may be submitted any
time and are reviewed by City of Phoenix staff as they are received to determine the
eligibility and feasibility of proposed projects. Successful applications must benefit and
serve low- and moderate-income residents of Phoenix and prevent or eliminate blight
by improving the physical infrastructure of neighborhoods.
Procurement Information
Services may be procured, as needed, utilizing procurement procedures in accordance
with Administrative Regulation 3.10 to implement and administer NSD's Neighborhood
Enhancement and Infrastructure Programs.
Financial Impact
These programs are funded by HUD through CDBG funds. There is no impact to the
General Fund.
Concurrence/Previous Council Action
This item is scheduled to be heard by the Community and Cultural Investment
Subcommittee on May 3, 2023.
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.
Page 484
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Falcon Park Renovation - Design-Bid-Build Services - ND30010035 (Ordinance S-
49647)
Request to authorize the City Manager, or his designee, to accept Straight Arrow
Contracting, LLC as the lowest-priced, responsive and responsible bidder and to enter
into an agreement with Straight Arrow Contracting, LLC for Design-Bid-Build Services
for the Falcon Park Renovation project. Further request to authorize the City Controller
to disburse all funds related to this item. The fee for services will not exceed
$3,747,235.84.
Summary
The purpose of this project is to provide all equipment, materials and direct labor to
renovate Falcon Park.
Straight Arrow Contracting, LLC's services include, but are not limited to: construct a
new playground, picnic ramadas, walking pathways, new basketball courts, restrooms,
fitness area, new dugout fencing, area lighting, parking relocation, and landscape and
irrigation improvements.
Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. One bid was received on Jan. 10,
2023, and sent to the Neighborhood Services Department for review to determine
contractor compliance and responsiveness to Community Development Block Grant
program and Neighborhood Services Department's Section 3 project requirements. A
Small Business Enterprise goal nor a Disadvantaged Business Enterprise goal have
been established for this project.
The Opinion of Probable Cost and the one lowest responsive, responsible bidder are
listed below:
· Opinion of Probable Cost: $2,329,603.50
· Straight Arrow Contracting, LLC: $3,747,235.84
Page 485
Although the bid exceeds the Opinion of Probable Cost by more than 10 percent, it has
been determined the bid represents a fair and reasonable price for the required work
scope. Additionally, the bid award amount is within the total budget for this project.
Contract Term
The term of the agreement is 240 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for Straight Arrow Contracting, LLC will not exceed
$3,747,235.84, including all subcontractor and reimbursable costs.
Funding is available in the Neighborhood Services Department Capital Improvement
Program budget using U.S. Housing and Urban Development Community
Development Block Grant funds and the Parks and Recreation Department's Capital
Improvement Program budget. The Budget and Research Department will separately
review and approve funding availability prior to execution of any amendments.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.
Location
3420 W. Roosevelt St.
Council District: 4
Responsible Department
This item is submitted by Deputy City Managers Gina Montes, Inger Erickson and Alan
Stephenson, the Parks and Recreation and Neighborhood Services departments, and
the City Engineer.
Page 486
Report
49647)
Request to authorize the City Manager, or his designee, to accept Straight Arrow
Contracting, LLC as the lowest-priced, responsive and responsible bidder and to enter
into an agreement with Straight Arrow Contracting, LLC for Design-Bid-Build Services
for the Falcon Park Renovation project. Further request to authorize the City Controller
to disburse all funds related to this item. The fee for services will not exceed
$3,747,235.84.
Summary
The purpose of this project is to provide all equipment, materials and direct labor to
renovate Falcon Park.
Straight Arrow Contracting, LLC's services include, but are not limited to: construct a
new playground, picnic ramadas, walking pathways, new basketball courts, restrooms,
fitness area, new dugout fencing, area lighting, parking relocation, and landscape and
irrigation improvements.
Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. One bid was received on Jan. 10,
2023, and sent to the Neighborhood Services Department for review to determine
contractor compliance and responsiveness to Community Development Block Grant
program and Neighborhood Services Department's Section 3 project requirements. A
Small Business Enterprise goal nor a Disadvantaged Business Enterprise goal have
been established for this project.
The Opinion of Probable Cost and the one lowest responsive, responsible bidder are
listed below:
· Opinion of Probable Cost: $2,329,603.50
· Straight Arrow Contracting, LLC: $3,747,235.84
Page 485
Although the bid exceeds the Opinion of Probable Cost by more than 10 percent, it has
been determined the bid represents a fair and reasonable price for the required work
scope. Additionally, the bid award amount is within the total budget for this project.
Contract Term
The term of the agreement is 240 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for Straight Arrow Contracting, LLC will not exceed
$3,747,235.84, including all subcontractor and reimbursable costs.
Funding is available in the Neighborhood Services Department Capital Improvement
Program budget using U.S. Housing and Urban Development Community
Development Block Grant funds and the Parks and Recreation Department's Capital
Improvement Program budget. The Budget and Research Department will separately
review and approve funding availability prior to execution of any amendments.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.
Location
3420 W. Roosevelt St.
Council District: 4
Responsible Department
This item is submitted by Deputy City Managers Gina Montes, Inger Erickson and Alan
Stephenson, the Parks and Recreation and Neighborhood Services departments, and
the City Engineer.
Page 486
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Development Agreement with Gila and Salt River Development, LLC (Ordinance
S-49686)
Request authorization for the City Manager, or his designee, to enter into a
development agreement with Gila and Salt River Development, LLC for the
acceptance of a $500,000 donation to the Parks and Recreation Department. Further
authorize the City Treasurer to accept, and the City Controller to disburse, all funds
related to this item.
Summary
Gila and Salt River Development, LLC submitted rezoning application Z-35-21-7
regarding the Planned Unit Development (PUD) proposed on the land located at the
northwest corner of the Ed Pastor/Loop 202 Freeway and West Dobbins Road in
Laveen. The PUD will incorporate land uses and design principles that establish a
cohesive development environment, including providing opportunities for billboard and
advertising development along the Ed Pastor/Loop 202 Freeway.
The item was heard and approved by City Council on March 1, 2023; however, one of
the stipulations the applicant must adhere to requires that Gila and Salt River
Development, LLC make five annual $100,000 donations to the City of Phoenix Parks
and Recreation Department to construct, operate or maintain Olney park near the
intersection of 59th and Olney Avenues, as modified and approved by the Parks and
Recreation Department.
At the time of this report, there is no funding available to build nor maintain the park.
The first donation is anticipated to occur in March 2025. The development agreement
will memorialize the terms of the donation.
Contract Term
The development agreement will begin on or around June 1, 2023, and terminate upon
the City's acceptance of the last donation, which is anticipated to occur in 2030.
Financial Impact
There is no impact to the General Fund.
Page 487
Concurrence/Previous Council Action
· Public Hearing and Ordinance Adoption - Rezoning Application Z-35-21-7 (The
Crossing at Dobbins PUD) - northeast corner of 63rd Avenue and Dobbins Road on
March 1, 2023.
Location
Council Districts: 7 and 8
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.
Page 488
PARKS AND RECREATION DEPARTMENT
To: Inger Erickson Date: May 1 , 2023
Deputy City Manager
From: Cynthia Aguilar /1 P(
Parks and Recreation D"'1{c{or
Subject: REQUEST TO REVISE ITEM 86 ON THE MAY 3, 2023 FORMAL AGENDA
It is requested that Item 86, Authorization to Enter into a Development Agreement with Gila
and Salt River Development, LLC (Ordinance S-49686), be revised as indicated below.
This memo replaces the first sentence of paragraph 3 under the Summary, so the paragraph
now reads as follows:
"At the time of this report, there is no funding available to build nor maintain the park. The first
donation is anticipated to occur in March 2025. The development agreement will memorialize
the terms of the donation."
Approved:
Inger Erickson, Deputy City Manager
Ill
Report
S-49686)
Request authorization for the City Manager, or his designee, to enter into a
development agreement with Gila and Salt River Development, LLC for the
acceptance of a $500,000 donation to the Parks and Recreation Department. Further
authorize the City Treasurer to accept, and the City Controller to disburse, all funds
related to this item.
Summary
Gila and Salt River Development, LLC submitted rezoning application Z-35-21-7
regarding the Planned Unit Development (PUD) proposed on the land located at the
northwest corner of the Ed Pastor/Loop 202 Freeway and West Dobbins Road in
Laveen. The PUD will incorporate land uses and design principles that establish a
cohesive development environment, including providing opportunities for billboard and
advertising development along the Ed Pastor/Loop 202 Freeway.
The item was heard and approved by City Council on March 1, 2023; however, one of
the stipulations the applicant must adhere to requires that Gila and Salt River
Development, LLC make five annual $100,000 donations to the City of Phoenix Parks
and Recreation Department to construct, operate or maintain Olney park near the
intersection of 59th and Olney Avenues, as modified and approved by the Parks and
Recreation Department.
At the time of this report, there is no funding available to build nor maintain the park.
The first donation is anticipated to occur in March 2025. The development agreement
will memorialize the terms of the donation.
Contract Term
The development agreement will begin on or around June 1, 2023, and terminate upon
the City's acceptance of the last donation, which is anticipated to occur in 2030.
Financial Impact
There is no impact to the General Fund.
Page 487
Concurrence/Previous Council Action
· Public Hearing and Ordinance Adoption - Rezoning Application Z-35-21-7 (The
Crossing at Dobbins PUD) - northeast corner of 63rd Avenue and Dobbins Road on
March 1, 2023.
Location
Council Districts: 7 and 8
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.
Page 488
PARKS AND RECREATION DEPARTMENT
To: Inger Erickson Date: May 1 , 2023
Deputy City Manager
From: Cynthia Aguilar /1 P(
Parks and Recreation D"'1{c{or
Subject: REQUEST TO REVISE ITEM 86 ON THE MAY 3, 2023 FORMAL AGENDA
It is requested that Item 86, Authorization to Enter into a Development Agreement with Gila
and Salt River Development, LLC (Ordinance S-49686), be revised as indicated below.
This memo replaces the first sentence of paragraph 3 under the Summary, so the paragraph
now reads as follows:
"At the time of this report, there is no funding available to build nor maintain the park. The first
donation is anticipated to occur in March 2025. The development agreement will memorialize
the terms of the donation."
Approved:
Inger Erickson, Deputy City Manager
Ill
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Unmarked Vehicles Contract - IFB 23-099 Request for Award (Ordinance S-
49669)
Request to authorize the City Manager, or his designee, to enter into a contract with
Fleet Vehicle Source, Inc. dba US Fleet Source to provide 13 unmarked vehicles for
the Police Department. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contract will not exceed $399,671.
Summary
This contract will provide the Police Department's Crime Impact Unit with 13 unmarked
vehicles to meet operational, tactical and investigative demands associated with
violent crime within the City of Phoenix. These types of vehicles account for officer
safety, minimize the risk to the public and reduces the likelihood of a violent
confrontation with suspects during an investigation. In addition to promoting the safe
resolution to the apprehension of a violent criminal offenders, unmarked vehicles allow
detectives to facilitate investigations to establish probable cause or identify co-
conspirators associated with an incident without detection.
Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.
One vendor submitted a bid deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendor:
Selected Bidder
Fleet Vehicle Source, Inc. dba US Fleet Source for $363,337.
Contract Term
The contract will begin on or about May 3, 2023, for a five-year term with no options to
extend.
Financial Impact
The aggregate contract value will not exceed $399,671. Funding is available in the
Page 489
Police Department's budget.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 490
Report
49669)
Request to authorize the City Manager, or his designee, to enter into a contract with
Fleet Vehicle Source, Inc. dba US Fleet Source to provide 13 unmarked vehicles for
the Police Department. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contract will not exceed $399,671.
Summary
This contract will provide the Police Department's Crime Impact Unit with 13 unmarked
vehicles to meet operational, tactical and investigative demands associated with
violent crime within the City of Phoenix. These types of vehicles account for officer
safety, minimize the risk to the public and reduces the likelihood of a violent
confrontation with suspects during an investigation. In addition to promoting the safe
resolution to the apprehension of a violent criminal offenders, unmarked vehicles allow
detectives to facilitate investigations to establish probable cause or identify co-
conspirators associated with an incident without detection.
Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.
One vendor submitted a bid deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendor:
Selected Bidder
Fleet Vehicle Source, Inc. dba US Fleet Source for $363,337.
Contract Term
The contract will begin on or about May 3, 2023, for a five-year term with no options to
extend.
Financial Impact
The aggregate contract value will not exceed $399,671. Funding is available in the
Page 489
Police Department's budget.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 490
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Apply for, Accept and Enter into Agreements for High Intensity
Drug Trafficking Area Grant Funds (Ordinance S-49693)
Request to authorize the City Manger, or his designee, to allow the Police Department
to enter into various agreements with the Office of National Drug Control Policy and
the Maricopa County Sheriff's Office for up to $2.5 million in funding through the Fiscal
Year (FY) 2024-25 High Intensity Drug Trafficking Area (HIDTA). Further request
authorization for the City Treasurer to accept and for the City Controller to disburse all
funds related to this item.
Summary
The Police Department has applied for and accepted HIDTA funds annually for more
than 15 years. Historically, HIDTA funds are used to support and enhance the Police
Department's Drug Enforcement Bureau's investigations into illegal narcotic
distribution enterprises in the Phoenix metropolitan area and throughout the State of
Arizona. These complex investigations usually involve partnerships with other local,
state and federal law enforcement agencies. The investigations focus on identifying
and disrupting drug trafficking organizations.
The Arizona Alliance Planning Committee HIDTA Executive Board makes all of the
HIDTA funding decisions. The Police Department is requesting approval to accept
funds and enter into various agreements for any HIDTA funds made available during
the funding period. The funding reimburses the City for salary, overtime,15 percent of
the associated fringe benefits and operational supplies associated with the drug
trafficking investigations.
Contract Term
The term of the contract is two years from Jan. 1, 2024 through Dec. 31, 2025.
Financial Impact
If approved, the City shall accept up to $2.5 million through the various funding
sources to receive HIDTA funds. The only costs associated with this request are
through the City providing in-kind resources.
Page 491
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 492
Report
Drug Trafficking Area Grant Funds (Ordinance S-49693)
Request to authorize the City Manger, or his designee, to allow the Police Department
to enter into various agreements with the Office of National Drug Control Policy and
the Maricopa County Sheriff's Office for up to $2.5 million in funding through the Fiscal
Year (FY) 2024-25 High Intensity Drug Trafficking Area (HIDTA). Further request
authorization for the City Treasurer to accept and for the City Controller to disburse all
funds related to this item.
Summary
The Police Department has applied for and accepted HIDTA funds annually for more
than 15 years. Historically, HIDTA funds are used to support and enhance the Police
Department's Drug Enforcement Bureau's investigations into illegal narcotic
distribution enterprises in the Phoenix metropolitan area and throughout the State of
Arizona. These complex investigations usually involve partnerships with other local,
state and federal law enforcement agencies. The investigations focus on identifying
and disrupting drug trafficking organizations.
The Arizona Alliance Planning Committee HIDTA Executive Board makes all of the
HIDTA funding decisions. The Police Department is requesting approval to accept
funds and enter into various agreements for any HIDTA funds made available during
the funding period. The funding reimburses the City for salary, overtime,15 percent of
the associated fringe benefits and operational supplies associated with the drug
trafficking investigations.
Contract Term
The term of the contract is two years from Jan. 1, 2024 through Dec. 31, 2025.
Financial Impact
If approved, the City shall accept up to $2.5 million through the various funding
sources to receive HIDTA funds. The only costs associated with this request are
through the City providing in-kind resources.
Page 491
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 492
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Authorization to Amend Ordinance for the Hickey Family Foundation Grant
(Ordinance S-49694)
Request to authorize the City Manager, or his designee, to allow the Police
Department to amend Ordinance S-48390 and extend an agreement with the Hickey
Family Foundation. Further request authorization for the City Treasurer to accept and
the City Controller to disburse all funds related to this item. The grant amount is
$249,400. No matching funds are required.
Summary
In March 2022, the City Council approved the agreement for the Hickey Family
Foundation to support the Department's Human Exploitation and Trafficking (H.E.A.T)
Unit's mission to combat human trafficking by focusing on commercial sexual
exploitation of children and domestic minor sex trafficking. The unit intends to build on
their existing success through proactive and reactive investigations, undercover
operations and victim outreach. The funding will directly impact the unit's ability to
efficiently and effectively investigate the various forms of human trafficking and will
enable a positive impact to the human trafficking victims throughout the State of
Arizona.
Grant funding will be utilized for operational and investigative expenses, training and
equipment.
Contract Term
The current contract term of the grant agreement from Sept. 1, 2022 through Aug. 30,
2023, will be extended through Dec 31, 2024.
Financial Impact
There is no impact to the General Fund as no matching funds are required.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 493
Report
(Ordinance S-49694)
Request to authorize the City Manager, or his designee, to allow the Police
Department to amend Ordinance S-48390 and extend an agreement with the Hickey
Family Foundation. Further request authorization for the City Treasurer to accept and
the City Controller to disburse all funds related to this item. The grant amount is
$249,400. No matching funds are required.
Summary
In March 2022, the City Council approved the agreement for the Hickey Family
Foundation to support the Department's Human Exploitation and Trafficking (H.E.A.T)
Unit's mission to combat human trafficking by focusing on commercial sexual
exploitation of children and domestic minor sex trafficking. The unit intends to build on
their existing success through proactive and reactive investigations, undercover
operations and victim outreach. The funding will directly impact the unit's ability to
efficiently and effectively investigate the various forms of human trafficking and will
enable a positive impact to the human trafficking victims throughout the State of
Arizona.
Grant funding will be utilized for operational and investigative expenses, training and
equipment.
Contract Term
The current contract term of the grant agreement from Sept. 1, 2022 through Aug. 30,
2023, will be extended through Dec 31, 2024.
Financial Impact
There is no impact to the General Fund as no matching funds are required.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 493
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
FFY 2023 DNA Capacity Enhancement and Backlog Reduction Formula Grant
Program (CEBR) (Ordinance S-49697)
Request to retroactively authorize the City Manager, or his designee, to allow the
Police Department to apply for, accept, and enter into an agreement for federal grant
funds through the Bureau of Justice Assistance for the Federal Fiscal Year (FFY) 2023
DNA Capacity Enhancement and Backlog Reduction (Formula) grant program in the
amount not to exceed $799,488. Further request authorization for the City Treasurer to
accept, and for the City Controller to disburse all funds related to this item.
Summary
The Police Department's Laboratory Services Bureau (LSB) has applied for and been
awarded funds through this grant program for several years. This grant funding is to
provide for the processing, recording, screening, and analysis of forensic DNA and/or
DNA database samples. The grant objective is to increase the capacity of public
forensic DNA and DNA database laboratories to process more samples, thereby,
reducing the backlog. All DNA profiles will be entered into the combined DNA Index
System and ultimately, where applicable, uploaded to the National DNA Index System.
If awarded, grant funding will be utilized for forensic scientist overtime, related fringe
benefits, equipment, travel, training, consultants for outsourcing DNA testing and other
costs to improve the quality and timeliness of forensic DNA analysis. The grant
application was due April 26, 2023. If authorization is denied, the grant application will
be rescinded.
Contract Term
The contract term will be for two years beginning Oct. 1, 2023 through Sept. 30, 2025.
Financial Impact
The total funding requested is $799,488. No matching funds are required.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 494
Report
Program (CEBR) (Ordinance S-49697)
Request to retroactively authorize the City Manager, or his designee, to allow the
Police Department to apply for, accept, and enter into an agreement for federal grant
funds through the Bureau of Justice Assistance for the Federal Fiscal Year (FFY) 2023
DNA Capacity Enhancement and Backlog Reduction (Formula) grant program in the
amount not to exceed $799,488. Further request authorization for the City Treasurer to
accept, and for the City Controller to disburse all funds related to this item.
Summary
The Police Department's Laboratory Services Bureau (LSB) has applied for and been
awarded funds through this grant program for several years. This grant funding is to
provide for the processing, recording, screening, and analysis of forensic DNA and/or
DNA database samples. The grant objective is to increase the capacity of public
forensic DNA and DNA database laboratories to process more samples, thereby,
reducing the backlog. All DNA profiles will be entered into the combined DNA Index
System and ultimately, where applicable, uploaded to the National DNA Index System.
If awarded, grant funding will be utilized for forensic scientist overtime, related fringe
benefits, equipment, travel, training, consultants for outsourcing DNA testing and other
costs to improve the quality and timeliness of forensic DNA analysis. The grant
application was due April 26, 2023. If authorization is denied, the grant application will
be rescinded.
Contract Term
The contract term will be for two years beginning Oct. 1, 2023 through Sept. 30, 2025.
Financial Impact
The total funding requested is $799,488. No matching funds are required.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 494
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
FY 2024 Full Service Forensic Crime Laboratory Grant (Ordinance S-49699)
Request to authorize the City Manager, or his designee, to allow the Police
Department to apply for, accept, and enter into an agreement for state grant funds
through the Arizona Criminal Justice Commission's Fiscal Year (FY) 2024 Full Service
Forensic Crime Laboratory grant program. Funding provided under this grant will not
exceed $500,000. Further request authorization for the City Treasurer to accept, and
the City Controller to disburse, all funds related to this item.
Summary
The Police Department's Laboratory Services Bureau has applied for and been
awarded funds through this grant program for several years. The purpose of this grant
is to improve the efficiency and effectiveness of the state's various full-service crime
laboratories. If awarded, grant funding will be used to pay for overtime, related fringe
benefits, travel expenses, training costs, and equipment.
Contract Term
The term of the contract will be for one year beginning July 1, 2023 through June 30,
2024.
Financial Impact
The eligible funding amount is $500,000. No matching funds are required.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 495
Report
Request to authorize the City Manager, or his designee, to allow the Police
Department to apply for, accept, and enter into an agreement for state grant funds
through the Arizona Criminal Justice Commission's Fiscal Year (FY) 2024 Full Service
Forensic Crime Laboratory grant program. Funding provided under this grant will not
exceed $500,000. Further request authorization for the City Treasurer to accept, and
the City Controller to disburse, all funds related to this item.
Summary
The Police Department's Laboratory Services Bureau has applied for and been
awarded funds through this grant program for several years. The purpose of this grant
is to improve the efficiency and effectiveness of the state's various full-service crime
laboratories. If awarded, grant funding will be used to pay for overtime, related fringe
benefits, travel expenses, training costs, and equipment.
Contract Term
The term of the contract will be for one year beginning July 1, 2023 through June 30,
2024.
Financial Impact
The eligible funding amount is $500,000. No matching funds are required.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.
Page 495
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Contract Assignment of Aviation Agreements from L3Harris Technologies, Inc.
to PASSUR Aerospace, Inc. (Ordinance S-49636)
Request to authorize the City Manager, or his designee, to execute contract
assignments of Agreement 151330 and Agreement 148082 with L3Harris
Technologies, Inc., (L3Harris) to PASSUR Aerospace, Inc.(PASSUR). Further request
to authorize the execution of amendments to the newly assigned agreements as
necessary within the Council-approved expenditure authority. Request to continue
using Ordinance S-46083-28 for Agreement 151330 and Ordinance S-44760 for
Agreement 148082. Any remaining funds authorized by previous Council action,
including ordinances S-46083-28 and S-44760, will be applied to the amended
Agreements.
Summary
On Aug. 1, 2018, the City and L3Harris entered into Agreement 148082 for
maintenance and operation of the flight tracking and noise monitoring services at the
Airport. On Oct. 1, 2019, the City and L3Harris entered into Agreement 151330 for
maintenance on the L3Harris Symphony Vehicle Movement Area Transponders
(VMAT) in the Aviation Department vehicles at Phoenix Sky Harbor International
Airport (Airport).
The assignments are necessary because PASSUR obtained all rights necessary to
perform the procurement, engineering, program management, and other support tasks
related to the L3Harris Symphony product line effective April 1, 2023.
Contract Term
The contract terms remain unchanged, with Agreement 148082 ending on July 31,
2023 and Agreement 151330 ending on Sept. 30, 2024.
Financial Impact
The aggregate value of both agreements will remain unchanged and no additional
funds are needed.
Concurrence/Previous Council Action
The City Council previously approved:
Page 496
· Agreement 148082 (S-44760) on June 20, 2018; and
· Agreement 151330 (S-46083-28) on Oct. 16, 2019
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Rd., Phoenix, AZ
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 497
Report
to PASSUR Aerospace, Inc. (Ordinance S-49636)
Request to authorize the City Manager, or his designee, to execute contract
assignments of Agreement 151330 and Agreement 148082 with L3Harris
Technologies, Inc., (L3Harris) to PASSUR Aerospace, Inc.(PASSUR). Further request
to authorize the execution of amendments to the newly assigned agreements as
necessary within the Council-approved expenditure authority. Request to continue
using Ordinance S-46083-28 for Agreement 151330 and Ordinance S-44760 for
Agreement 148082. Any remaining funds authorized by previous Council action,
including ordinances S-46083-28 and S-44760, will be applied to the amended
Agreements.
Summary
On Aug. 1, 2018, the City and L3Harris entered into Agreement 148082 for
maintenance and operation of the flight tracking and noise monitoring services at the
Airport. On Oct. 1, 2019, the City and L3Harris entered into Agreement 151330 for
maintenance on the L3Harris Symphony Vehicle Movement Area Transponders
(VMAT) in the Aviation Department vehicles at Phoenix Sky Harbor International
Airport (Airport).
The assignments are necessary because PASSUR obtained all rights necessary to
perform the procurement, engineering, program management, and other support tasks
related to the L3Harris Symphony product line effective April 1, 2023.
Contract Term
The contract terms remain unchanged, with Agreement 148082 ending on July 31,
2023 and Agreement 151330 ending on Sept. 30, 2024.
Financial Impact
The aggregate value of both agreements will remain unchanged and no additional
funds are needed.
Concurrence/Previous Council Action
The City Council previously approved:
Page 496
· Agreement 148082 (S-44760) on June 20, 2018; and
· Agreement 151330 (S-46083-28) on Oct. 16, 2019
Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Rd., Phoenix, AZ
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 497
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Window and High Surface Cleaning Services Contract - AVN RFP 23-030 -
Request for Award (Ordinance S-49670)
Request to authorize the City Manager, or his designee, to enter into a contract with
Prestige Window Cleaning, Inc. dba Professional Window Cleaning to provide window
and high surface cleaning for the Aviation Department and Phoenix Convention
Center. Further request to authorize the City Controller to disburse all funds related to
this item. The total value of the contract will not exceed $5,613,925.
Summary
This contract will provide specialized services and equipment needed to clean
windows at extreme heights, over roadways and airside, and maneuvering equipment
between parked aircraft in a safety and security sensitive environment. This contract
will provide window and high surface cleaning at all three airports, Rental Car Center,
Sky Train Stations, Aviation Headquarters Building, and other Aviation facilities,
Phoenix Convention Center, Symphony Hall, Herberger Theater, and Orpheum
Theatre.
Procurement Information
A Request for Proposal was processed in accordance with City of Phoenix
Administrative Regulation 3.10.
Three vendors submitted proposals deemed responsive and responsible. An
evaluation committee of City staff evaluated those offers based on the following criteria
with a maximum possible point total of 1,000:
Method of Approach (0-300 points)
Qualifications and Experience of Firm (0-275 points)
Qualifications and Experience of Onsite Manager (0-225 points)
Fee Schedule (0-200 points)
After reaching consensus, the evaluation committee recommends award to the
following vendor:
Prestige Window Cleaning, Inc. dba Professional Window Cleaning
Page 498
Contract Term
The contract will begin on or about June 1, 2023 for a five-year contract term with no
options to extend.
Financial Impact
The total contract value will not exceed $5,613,925 for the five-year contract term.
Funding is available in the Aviation and Phoenix Convention Center departments'
budgets.
Location
Phoenix Sky Harbor International Airport located at 2485 E. Buckeye Road
Phoenix Deer Valley Airport located at 702 W. Deer Valley Road
Phoenix Goodyear Airport located at 1658 S. Litchfield Road, Goodyear, Ariz.
Phoenix Convention Center located at 100 N. 3rd St., including Symphony Hall,
Orpheum Theatre, and Herberger Theater.
Council Districts: 1, 7, 8 and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua, Interim Deputy City
Manager John Chan, and the Aviation and Phoenix Convention Center departments.
Page 499
Report
Request for Award (Ordinance S-49670)
Request to authorize the City Manager, or his designee, to enter into a contract with
Prestige Window Cleaning, Inc. dba Professional Window Cleaning to provide window
and high surface cleaning for the Aviation Department and Phoenix Convention
Center. Further request to authorize the City Controller to disburse all funds related to
this item. The total value of the contract will not exceed $5,613,925.
Summary
This contract will provide specialized services and equipment needed to clean
windows at extreme heights, over roadways and airside, and maneuvering equipment
between parked aircraft in a safety and security sensitive environment. This contract
will provide window and high surface cleaning at all three airports, Rental Car Center,
Sky Train Stations, Aviation Headquarters Building, and other Aviation facilities,
Phoenix Convention Center, Symphony Hall, Herberger Theater, and Orpheum
Theatre.
Procurement Information
A Request for Proposal was processed in accordance with City of Phoenix
Administrative Regulation 3.10.
Three vendors submitted proposals deemed responsive and responsible. An
evaluation committee of City staff evaluated those offers based on the following criteria
with a maximum possible point total of 1,000:
Method of Approach (0-300 points)
Qualifications and Experience of Firm (0-275 points)
Qualifications and Experience of Onsite Manager (0-225 points)
Fee Schedule (0-200 points)
After reaching consensus, the evaluation committee recommends award to the
following vendor:
Prestige Window Cleaning, Inc. dba Professional Window Cleaning
Page 498
Contract Term
The contract will begin on or about June 1, 2023 for a five-year contract term with no
options to extend.
Financial Impact
The total contract value will not exceed $5,613,925 for the five-year contract term.
Funding is available in the Aviation and Phoenix Convention Center departments'
budgets.
Location
Phoenix Sky Harbor International Airport located at 2485 E. Buckeye Road
Phoenix Deer Valley Airport located at 702 W. Deer Valley Road
Phoenix Goodyear Airport located at 1658 S. Litchfield Road, Goodyear, Ariz.
Phoenix Convention Center located at 100 N. 3rd St., including Symphony Hall,
Orpheum Theatre, and Herberger Theater.
Council Districts: 1, 7, 8 and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua, Interim Deputy City
Manager John Chan, and the Aviation and Phoenix Convention Center departments.
Page 499
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Maintenance and Repair of Various Aviation Department Doors - IFB18-028
Amendment (Ordinance S-49673)
Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 147443 with D.H. Pace Company, Inc.(D.H. Pace) to extend the contract term
for up to six months to continue providing ongoing necessary maintenance, repair, and
inspection services for various Aviation Department doors. Further request to authorize
the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $150,000.
Summary
This contract provides maintenance, repair, installation, testing and inspection services
for various aircraft hangar doors, overhead doors, dock leveling devices and automatic
doors throughout Phoenix Sky Harbor International, Phoenix Deer Valley and Phoenix
Goodyear Airports (Airports). The extension of this contract will allow the Airports to
ensure these critical services are provided on an as-needed basis and allow time to
complete a new solicitation without a lapse in services.
Contract Term
The contract will be extended on a month-to-month basis not to exceed six months.
Financial Impact
The $150,000 in additional funds increases the total value of the contract up to
$1,650,000 for the contract term. Funds are available in the Aviation Department’s
budget.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Maintenance and Repair of Various Aviation Doors Contract 147443 (Ordinance S-
44523) on May 2, 2018.
Location
Phoenix Sky Harbor International Airport: 2485 E. Buckeye Rd.
Phoenix Deer Valley Airport: 702 W. Deer Valley Rd.
Phoenix Goodyear Airport: 1658 S. Litchfield Rd., Goodyear, Ariz.
Page 500
Council Districts: 1, 8 and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 501
Report
Amendment (Ordinance S-49673)
Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 147443 with D.H. Pace Company, Inc.(D.H. Pace) to extend the contract term
for up to six months to continue providing ongoing necessary maintenance, repair, and
inspection services for various Aviation Department doors. Further request to authorize
the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $150,000.
Summary
This contract provides maintenance, repair, installation, testing and inspection services
for various aircraft hangar doors, overhead doors, dock leveling devices and automatic
doors throughout Phoenix Sky Harbor International, Phoenix Deer Valley and Phoenix
Goodyear Airports (Airports). The extension of this contract will allow the Airports to
ensure these critical services are provided on an as-needed basis and allow time to
complete a new solicitation without a lapse in services.
Contract Term
The contract will be extended on a month-to-month basis not to exceed six months.
Financial Impact
The $150,000 in additional funds increases the total value of the contract up to
$1,650,000 for the contract term. Funds are available in the Aviation Department’s
budget.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Maintenance and Repair of Various Aviation Doors Contract 147443 (Ordinance S-
44523) on May 2, 2018.
Location
Phoenix Sky Harbor International Airport: 2485 E. Buckeye Rd.
Phoenix Deer Valley Airport: 702 W. Deer Valley Rd.
Phoenix Goodyear Airport: 1658 S. Litchfield Rd., Goodyear, Ariz.
Page 500
Council Districts: 1, 8 and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 501
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Aviation Department Information Technology Staffing Services - Requirements
Contract - RFP 19-029 - Amendment (Ordinance S-49689)
Request to authorize the City Manager, or his designee, to amend the Aviation
Department's contracts with 22nd Century Technologies, Inc., Contract 150933; ACRO
Services Corporation, Contract 150931; Beacon Systems, Inc., Contract 150934;
Intratek Computer, Inc., Contract 150930; Lancesoft, Inc., Contract 150935; OST, Inc.,
Contract 150929; and Solu Technology Partners, LLC, Contract 150932, to add the
Street Transportation Department (STR) as an authorized user and add additional
expenditures to obtain Information Technology (IT) staffing services. Further request to
authorize the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $250,000.
Summary
These contracts will enable contracted staff to support technology systems and critical
IT projects. These contracts provide flexibility and allow the City to select staff with a
skill set and experience specific to the IT project currently being undertaken and to
supplement staff in functions such as application development while vacant positions
are recruited. The additional expenditures allow STR to utilize these contracts without
impacting the original contract authority.
Contract Term
The term of the contracts remain unchanged, ending on Sept. 30, 2024.
Financial Impact
Upon approval of the $250,000 in additional funds, the revised aggregate value of the
contracts will not exceed $21.55 million. Funds are available in STR's budget.
Concurrence/Previous Council Action
The City Council previously reviewed a request:
· Authorizing the Information Technology Services Department to utilize these
contracts, Ordinance S-49444 on March 1, 2023; and
· Authorizing the initial contracts and expenditures, Ordinance S-45995 on Sept. 4,
2019.
Page 502
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department on behalf of the Aviation Department.
Page 503
Report
Contract - RFP 19-029 - Amendment (Ordinance S-49689)
Request to authorize the City Manager, or his designee, to amend the Aviation
Department's contracts with 22nd Century Technologies, Inc., Contract 150933; ACRO
Services Corporation, Contract 150931; Beacon Systems, Inc., Contract 150934;
Intratek Computer, Inc., Contract 150930; Lancesoft, Inc., Contract 150935; OST, Inc.,
Contract 150929; and Solu Technology Partners, LLC, Contract 150932, to add the
Street Transportation Department (STR) as an authorized user and add additional
expenditures to obtain Information Technology (IT) staffing services. Further request to
authorize the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $250,000.
Summary
These contracts will enable contracted staff to support technology systems and critical
IT projects. These contracts provide flexibility and allow the City to select staff with a
skill set and experience specific to the IT project currently being undertaken and to
supplement staff in functions such as application development while vacant positions
are recruited. The additional expenditures allow STR to utilize these contracts without
impacting the original contract authority.
Contract Term
The term of the contracts remain unchanged, ending on Sept. 30, 2024.
Financial Impact
Upon approval of the $250,000 in additional funds, the revised aggregate value of the
contracts will not exceed $21.55 million. Funds are available in STR's budget.
Concurrence/Previous Council Action
The City Council previously reviewed a request:
· Authorizing the Information Technology Services Department to utilize these
contracts, Ordinance S-49444 on March 1, 2023; and
· Authorizing the initial contracts and expenditures, Ordinance S-45995 on Sept. 4,
2019.
Page 502
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department on behalf of the Aviation Department.
Page 503
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Request to Submit Annual Federal Transit Administration Grant Applications and
Enter into Grant Agreements (Ordinance S-49649)
Request to authorize the City Manager, or his designee, to apply for and accept, and if
awarded, enter into an agreement for disbursement of federal funding, including
Bipartisan Infrastructure Law (BIL) formula funds, from the Federal Transit
Administration and to enter into agreements with any local governments and agencies
receiving a pass-through share of grant funds. Further request to authorize the City
Treasurer to accept, and the City Controller to disburse all funds related to this item.
The total of all grant funds in the application is $153,179,703.
Summary
The City of Phoenix is the designated recipient of Federal Transit Administration (FTA)
grant funds for the Phoenix-Mesa Urbanized Area (UZA) and the direct recipient of
FTA grant funds for the Avondale-Goodyear UZA. Phoenix submits FTA grant
applications on behalf of all local governments and agencies in the region. All projects
are in the Maricopa Association of Governments-approved Transportation
Improvement Plan (TIP) and the Arizona Department of Transportation-approved State
Transportation Improvement Plan (STIP). Grant funds directly allocated to Phoenix will
be used to:
· Purchase replacement transit fleet vehicles;
· Perform preventative maintenance for vehicles and transit assets/systems; and
· Conduct program administration.
Financial Impact
All grant funds to be sought in the applications total $153,179,703. Within this total,
Phoenix’s direct allocation amounts to $37,953,730, for which the matching funds of
$6,052,883 are available from the Transportation 2050 Plan and the Proposition 400
Public Transportation Fund in the Public Transit Department’s Fiscal Year 2023-24
operating budget and five-year Capital Improvement Program for Fiscal Years 2023-24
through 2026-27.
The applications and total federal amounts by fund type are:
Page 504
· FTA Section 5307 Phoenix-Mesa UZA Formula funding for capital, planning, and
operating assistance projects benefiting the entire Phoenix-Mesa region:
$76,862,786.
· FTA Section 5307 Avondale-Goodyear Urbanized Area Formula funding
apportioned to the Avondale-Goodyear urbanized UZA: $4,358,145.
· Federal Congestion Mitigation and Air Quality Improvements funding and Surface
Transportation Block Grant Program funding transferred from the Federal Highway
Administration to FTA for capital projects: $19,576,278 and $5,964,636.
· FTA Section 5339 Bus and Bus Facilities Formula funding to include capital projects
benefiting the Phoenix-Mesa UZA: $6,099,716.
· FTA Section 5337 State of Good Repair - High Intensity Motorbus Program funding
to include capital projects benefiting the Avondale-Goodyear UZA: $411,558.
· FTA Section 5337 State of Good Repair - High Intensity Motorbus Program funding
to include capital projects benefiting the Phoenix-Mesa UZA: $7,472,230.
· FTA Section 5337 State of Good Repair - Fixed Guideway Program funding to
include capital projects benefiting the Phoenix-Mesa UZA: $5,871,323.
· FTA Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities
funding to include capital projects benefiting the Phoenix-Mesa UZA: $5,436,310.
· FTA Section 5309 Capital Investment Grant for New Start Projects - South Central
Extension/Downtown Hub: $21,126,721.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.
Page 505
Report
Enter into Grant Agreements (Ordinance S-49649)
Request to authorize the City Manager, or his designee, to apply for and accept, and if
awarded, enter into an agreement for disbursement of federal funding, including
Bipartisan Infrastructure Law (BIL) formula funds, from the Federal Transit
Administration and to enter into agreements with any local governments and agencies
receiving a pass-through share of grant funds. Further request to authorize the City
Treasurer to accept, and the City Controller to disburse all funds related to this item.
The total of all grant funds in the application is $153,179,703.
Summary
The City of Phoenix is the designated recipient of Federal Transit Administration (FTA)
grant funds for the Phoenix-Mesa Urbanized Area (UZA) and the direct recipient of
FTA grant funds for the Avondale-Goodyear UZA. Phoenix submits FTA grant
applications on behalf of all local governments and agencies in the region. All projects
are in the Maricopa Association of Governments-approved Transportation
Improvement Plan (TIP) and the Arizona Department of Transportation-approved State
Transportation Improvement Plan (STIP). Grant funds directly allocated to Phoenix will
be used to:
· Purchase replacement transit fleet vehicles;
· Perform preventative maintenance for vehicles and transit assets/systems; and
· Conduct program administration.
Financial Impact
All grant funds to be sought in the applications total $153,179,703. Within this total,
Phoenix’s direct allocation amounts to $37,953,730, for which the matching funds of
$6,052,883 are available from the Transportation 2050 Plan and the Proposition 400
Public Transportation Fund in the Public Transit Department’s Fiscal Year 2023-24
operating budget and five-year Capital Improvement Program for Fiscal Years 2023-24
through 2026-27.
The applications and total federal amounts by fund type are:
Page 504
· FTA Section 5307 Phoenix-Mesa UZA Formula funding for capital, planning, and
operating assistance projects benefiting the entire Phoenix-Mesa region:
$76,862,786.
· FTA Section 5307 Avondale-Goodyear Urbanized Area Formula funding
apportioned to the Avondale-Goodyear urbanized UZA: $4,358,145.
· Federal Congestion Mitigation and Air Quality Improvements funding and Surface
Transportation Block Grant Program funding transferred from the Federal Highway
Administration to FTA for capital projects: $19,576,278 and $5,964,636.
· FTA Section 5339 Bus and Bus Facilities Formula funding to include capital projects
benefiting the Phoenix-Mesa UZA: $6,099,716.
· FTA Section 5337 State of Good Repair - High Intensity Motorbus Program funding
to include capital projects benefiting the Avondale-Goodyear UZA: $411,558.
· FTA Section 5337 State of Good Repair - High Intensity Motorbus Program funding
to include capital projects benefiting the Phoenix-Mesa UZA: $7,472,230.
· FTA Section 5337 State of Good Repair - Fixed Guideway Program funding to
include capital projects benefiting the Phoenix-Mesa UZA: $5,871,323.
· FTA Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities
funding to include capital projects benefiting the Phoenix-Mesa UZA: $5,436,310.
· FTA Section 5309 Capital Investment Grant for New Start Projects - South Central
Extension/Downtown Hub: $21,126,721.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.
Page 505
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Naming of the Metrocenter Transit Center for Thelda Williams (Ordinance S-
49692)
This report requests that City Council approve the naming of the new transit center
at Metrocenter for former District 1 City Council Member and Mayor Thelda
Williams. The transit center will be located under the elevated light rail station
currently under construction as part of the Northwest Light Rail Extension Phase II
(NWEII).
Summary
This is a commemorative naming request in recognition of Thelda Williams'
decades of public service, in which she supported the continued investment in
transportation infrastructure to improve quality of life and as an important
component of economic development. She was a strong proponent of Phoenix's
voter-approved Transportation 2050 plan, which helps fund several important
transportation projects throughout the city through the year 2050, including the
NWEII light rail project and the newly built transit center in the Northwest Phoenix
community she represented.
Thelda Williams’ service to the City of Phoenix spans more than 30 years. She
served as a Council member for District 1 from 1989 - 1996 and again from 2008 -
2021. She has also served as Mayor and Vice Mayor, Chair of the Transportation,
Infrastructure and Planning Subcommittee, and Chair of the Valley Metro Rail
Board. She is the only person in the City's history to have served as Mayor three
times.
Financial Impact
None.
Concurrence/Previous Council Action
The Heritage Commission recommended approval of this item on April 17, 2023
with a vote of 8-0.
The Transportation, Infrastructure and Planning Subcommittee recommended
approval of this item on April 19, 2023 with a vote of 3-0.
Page 506
Location
9804 N. Metro Parkway East
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public
Transit Department.
Page 507
Report
49692)
This report requests that City Council approve the naming of the new transit center
at Metrocenter for former District 1 City Council Member and Mayor Thelda
Williams. The transit center will be located under the elevated light rail station
currently under construction as part of the Northwest Light Rail Extension Phase II
(NWEII).
Summary
This is a commemorative naming request in recognition of Thelda Williams'
decades of public service, in which she supported the continued investment in
transportation infrastructure to improve quality of life and as an important
component of economic development. She was a strong proponent of Phoenix's
voter-approved Transportation 2050 plan, which helps fund several important
transportation projects throughout the city through the year 2050, including the
NWEII light rail project and the newly built transit center in the Northwest Phoenix
community she represented.
Thelda Williams’ service to the City of Phoenix spans more than 30 years. She
served as a Council member for District 1 from 1989 - 1996 and again from 2008 -
2021. She has also served as Mayor and Vice Mayor, Chair of the Transportation,
Infrastructure and Planning Subcommittee, and Chair of the Valley Metro Rail
Board. She is the only person in the City's history to have served as Mayor three
times.
Financial Impact
None.
Concurrence/Previous Council Action
The Heritage Commission recommended approval of this item on April 17, 2023
with a vote of 8-0.
The Transportation, Infrastructure and Planning Subcommittee recommended
approval of this item on April 19, 2023 with a vote of 3-0.
Page 506
Location
9804 N. Metro Parkway East
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public
Transit Department.
Page 507
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Refuse Truck Body Upfitting - IFB 23-FSD-040 - Award of Contract (Ordinance S-
49637)
Request to authorize the City Manager, or his designee, to enter into separate
contracts with BTE Body Co., Short Equipment, Inc., and Spartan Truck Co. to provide
upfitting and refurbishment service to existing City refuse equipment for the Public
Works Department. Further request to authorize the City Controller to disburse all
funds related to this item. The value of the contracts will not exceed $12,500,000.
Summary
These contracts will provide service to remove and install new refuse truck bodies to
the existing fleet of refuse cabs and chassis on an as-needed basis. The refuse truck
bodies include side-loading, rear-loading, front-loading, and roll-off refuse equipment.
The refurbishment of existing equipment provides for a more sustainable and cost-
efficient operation.
Procurement Information
An Invitation for Bid 23-FSD-040 procurement was processed in accordance with
Administrative Regulation 3.10. The Public Works Department received three bids on
Feb. 8, 2023. All three bids are deemed responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendors:
Selected Bidders
BTE Body Co.
Spartan Truck Co.
Short Equipment, Inc.
See Attachment A for evaluation by line item based on price.
Contract Term
The contracts will begin on or about May 1, 2023, for a three-year term with two one-
year options to extend.
Financial Impact
Page 508
The value will not exceed $12,500,000.
Funding is available in the Public Works Department's budget.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Works
Department.
Page 509
ATTACHMENT A
IFB 23-FSD-035
REFUSE TRUCK BODY UPFITTING
Total Contract Price combines the Refuse System, and Removal/Installation Price per Chassis
GROUP I - FRONT LOAD RECOMMENDED*
OFFEROR MAKE MODEL TOTAL CONTRACT PRICE
Short Equipment, Inc. New Way Mammoth 40 $146,765.00 x
GROUP II - SIDE LOADER RECOMMENDED*
OFFEROR MAKE MODEL TOTAL CONTRACT PRICE
BTE Body Company, Inc. G&H Scorpion GH20D3 $222,105.10 x
BTE Body Company, Inc. G&H Scorpion GH20D6 $222,600.10 x
BTE Body Company, Inc. G&H Scorpion GH27D3 $223,095.10 x
BTE Body Company, Inc. G&H Scorpion GH27D6 $223,590.10 x
BTE Body Company, Inc. G&H Scorpion GH30D3 $224,085.10 x
BTE Body Company, Inc. G&H Scorpion GH30D6 $224,580.10 x
BTE Body Company, Inc. G&H Scorpion GH33D3 $225,570.10 x
BTE Body Company, Inc. G&H Scorpion GH33D6 $226,065.10 x
BTE Body Company, Inc. G&H Scorpion GH30C3 $224,580.10 x
BTE Body Company, Inc. G&H Scorpion GH30C6 $225,075.10 x
BTE Body Company, Inc. G&H Scorpion GH33C3 $225,570.10 x
BTE Body Company, Inc. G&H Scorpion GH33C6 $226,065.10 x
Short Equipment, Inc. Curbtender PowerPak 20 $142,934.00 x
Short Equipment, Inc. Curbtender PowerPak 24 $144,935.00 x
Short Equipment, Inc. Curbtender PowerPak 27 $155,663.00 x
Short Equipment, Inc. Curbtender PowerPak 31 $156,660.00 x
Short Equipment, Inc. Curbtender PowerPak 24 CNG $161,730.00 x
Short Equipment, Inc. Curbtender PowerPak 27 CNG $162,958.00 x
Short Equipment, Inc. Curbtender PowerPak 31 CNG $163,954.00 x
Short Equipment, Inc. Curbtender Fusion 27 $194,300.00 x
Short Equipment, Inc. Curbtender Fusion 31 $195,629.00 x
Short Equipment, Inc. Curbtender Fusion 27 CNG $202,527.00 x
Short Equipment, Inc. Curbtender Fusion 31 CNG $203,856.00 x
Spartan 300 28 Yd. Side Load $210,905.15 x
Spartan 300 31 Yd. Side Load $210,905.15 x
GROUP III - REAR LOADER RECOMMENDED*
OFFEROR MAKE MODEL TOTAL CONTRACT PRICE
Short Equipment, Inc. New Way Cobra 16 $102,113.00 x
Short Equipment, Inc. New Way King Cobra 32 $130,166.00 x
Short Equipment, Inc. New Way King Cobra 25 $126,529.00 x
Short Equipment, Inc. New Way Diamondback 8 $77,776.00 x
Short Equipment, Inc. Curbtender Quantum 8 $78,618.00 x
Page 510
ATTACHMENT A
IFB 23-FSD-035
REFUSE TRUCK BODY UPFITTING
GROUP IV - ROLL OFF RECOMMENDED*
OFFEROR MAKE MODEL TOTAL CONTRACT PRICE
BTE Body Company, Inc. ROUSA HO6022k $54,265.00 x
BTE Body Company, Inc. ROUSA HO7522k $56,965.00 x
BTE Body Company, Inc. Swaploader SL-75 - PWR $36,639.85 x
BTE Body Company, Inc. Swaploader SL-75 - EHV $35,191.10 x
BTE Body Company, Inc. Swaploader SL-105 FIXED JIB $38,896.10 x
BTE Body Company, Inc. Swaploader SL-160 FIXED JIB $41,651.10 x
BTE Body Company, Inc. Swaploader SL-160 ADJ JIB $42,221.10 x
BTE Body Company, Inc. Swaploader SL-212 FIXED JIB $43,076.10 x
BTE Body Company, Inc. Swaploader SL-212 ADJ JIB $44,548.60 x
BTE Body Company, Inc. Swaploader SL-214 FIXED JIB $44,287.35 x
BTE Body Company, Inc. Swaploader SL-214 ADJ JIB $44,809.85 x
BTE Body Company, Inc. Swaploader SL-220 FIXED JIB $48,102.10 x
BTE Body Company, Inc. Swaploader SL-220 ADJ JIB $48,862.10 x
BTE Body Company, Inc. Swaploader SL-222 FIXED JIB $48,102.10 x
BTE Body Company, Inc. Swaploader SL-222 ADJ JIB $48,862.10 x
BTE Body Company, Inc. Swaploader SL-240 FIXED JIB $47,912.10 x
BTE Body Company, Inc. Swaploader SL-240 ADJ JIB $48,672.10 x
BTE Body Company, Inc. Swaploader SL-2418HD FIXED JIB $47,574.85 x
BTE Body Company, Inc. Swaploader SL-330 FIXED JIB $52,762.35 x
BTE Body Company, Inc. Swaploader SL-330 ADJ JIB $53,617.35 x
BTE Body Company, Inc. Swaploader SL-400 FIXED JIB $54,329.85 x
BTE Body Company, Inc. Swaploader SL-400 ADJ JIB $55,184.85 x
BTE Body Company, Inc. Swaploader SL-406 FIXED JIB $56,704.85 x
BTE Body Company, Inc. Swaploader SL-406 ADJ JIB $57,559.85 x
BTE Body Company, Inc. Swaploader SL-412 FIXED JIB $53,845.35 x
BTE Body Company, Inc. Swaploader SL-412 ADJ JIB $54,700.35 x
BTE Body Company, Inc. Swaploader SL-518 FIXED JIB $59,844.60 x
BTE Body Company, Inc. Swaploader SL-518 ADJ JIB $60,794.60 x
BTE Body Company, Inc. Swaploader SL-520 FIXED JIB $60,604.60 x
BTE Body Company, Inc. Swaploader SL-520 ADJ JIB $61,554.60 x
BTE Body Company, Inc. Swaploader SL-650 FIXED JIB $65,069.60 x
Spartan SRO60SC Roll Off $49,320.86 x
Spartan SRO75DC Roll Off $53,012.10 x
Page 511
Report
49637)
Request to authorize the City Manager, or his designee, to enter into separate
contracts with BTE Body Co., Short Equipment, Inc., and Spartan Truck Co. to provide
upfitting and refurbishment service to existing City refuse equipment for the Public
Works Department. Further request to authorize the City Controller to disburse all
funds related to this item. The value of the contracts will not exceed $12,500,000.
Summary
These contracts will provide service to remove and install new refuse truck bodies to
the existing fleet of refuse cabs and chassis on an as-needed basis. The refuse truck
bodies include side-loading, rear-loading, front-loading, and roll-off refuse equipment.
The refurbishment of existing equipment provides for a more sustainable and cost-
efficient operation.
Procurement Information
An Invitation for Bid 23-FSD-040 procurement was processed in accordance with
Administrative Regulation 3.10. The Public Works Department received three bids on
Feb. 8, 2023. All three bids are deemed responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendors:
Selected Bidders
BTE Body Co.
Spartan Truck Co.
Short Equipment, Inc.
See Attachment A for evaluation by line item based on price.
Contract Term
The contracts will begin on or about May 1, 2023, for a three-year term with two one-
year options to extend.
Financial Impact
Page 508
The value will not exceed $12,500,000.
Funding is available in the Public Works Department's budget.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Works
Department.
Page 509
ATTACHMENT A
IFB 23-FSD-035
REFUSE TRUCK BODY UPFITTING
Total Contract Price combines the Refuse System, and Removal/Installation Price per Chassis
GROUP I - FRONT LOAD RECOMMENDED*
OFFEROR MAKE MODEL TOTAL CONTRACT PRICE
Short Equipment, Inc. New Way Mammoth 40 $146,765.00 x
GROUP II - SIDE LOADER RECOMMENDED*
OFFEROR MAKE MODEL TOTAL CONTRACT PRICE
BTE Body Company, Inc. G&H Scorpion GH20D3 $222,105.10 x
BTE Body Company, Inc. G&H Scorpion GH20D6 $222,600.10 x
BTE Body Company, Inc. G&H Scorpion GH27D3 $223,095.10 x
BTE Body Company, Inc. G&H Scorpion GH27D6 $223,590.10 x
BTE Body Company, Inc. G&H Scorpion GH30D3 $224,085.10 x
BTE Body Company, Inc. G&H Scorpion GH30D6 $224,580.10 x
BTE Body Company, Inc. G&H Scorpion GH33D3 $225,570.10 x
BTE Body Company, Inc. G&H Scorpion GH33D6 $226,065.10 x
BTE Body Company, Inc. G&H Scorpion GH30C3 $224,580.10 x
BTE Body Company, Inc. G&H Scorpion GH30C6 $225,075.10 x
BTE Body Company, Inc. G&H Scorpion GH33C3 $225,570.10 x
BTE Body Company, Inc. G&H Scorpion GH33C6 $226,065.10 x
Short Equipment, Inc. Curbtender PowerPak 20 $142,934.00 x
Short Equipment, Inc. Curbtender PowerPak 24 $144,935.00 x
Short Equipment, Inc. Curbtender PowerPak 27 $155,663.00 x
Short Equipment, Inc. Curbtender PowerPak 31 $156,660.00 x
Short Equipment, Inc. Curbtender PowerPak 24 CNG $161,730.00 x
Short Equipment, Inc. Curbtender PowerPak 27 CNG $162,958.00 x
Short Equipment, Inc. Curbtender PowerPak 31 CNG $163,954.00 x
Short Equipment, Inc. Curbtender Fusion 27 $194,300.00 x
Short Equipment, Inc. Curbtender Fusion 31 $195,629.00 x
Short Equipment, Inc. Curbtender Fusion 27 CNG $202,527.00 x
Short Equipment, Inc. Curbtender Fusion 31 CNG $203,856.00 x
Spartan 300 28 Yd. Side Load $210,905.15 x
Spartan 300 31 Yd. Side Load $210,905.15 x
GROUP III - REAR LOADER RECOMMENDED*
OFFEROR MAKE MODEL TOTAL CONTRACT PRICE
Short Equipment, Inc. New Way Cobra 16 $102,113.00 x
Short Equipment, Inc. New Way King Cobra 32 $130,166.00 x
Short Equipment, Inc. New Way King Cobra 25 $126,529.00 x
Short Equipment, Inc. New Way Diamondback 8 $77,776.00 x
Short Equipment, Inc. Curbtender Quantum 8 $78,618.00 x
Page 510
ATTACHMENT A
IFB 23-FSD-035
REFUSE TRUCK BODY UPFITTING
GROUP IV - ROLL OFF RECOMMENDED*
OFFEROR MAKE MODEL TOTAL CONTRACT PRICE
BTE Body Company, Inc. ROUSA HO6022k $54,265.00 x
BTE Body Company, Inc. ROUSA HO7522k $56,965.00 x
BTE Body Company, Inc. Swaploader SL-75 - PWR $36,639.85 x
BTE Body Company, Inc. Swaploader SL-75 - EHV $35,191.10 x
BTE Body Company, Inc. Swaploader SL-105 FIXED JIB $38,896.10 x
BTE Body Company, Inc. Swaploader SL-160 FIXED JIB $41,651.10 x
BTE Body Company, Inc. Swaploader SL-160 ADJ JIB $42,221.10 x
BTE Body Company, Inc. Swaploader SL-212 FIXED JIB $43,076.10 x
BTE Body Company, Inc. Swaploader SL-212 ADJ JIB $44,548.60 x
BTE Body Company, Inc. Swaploader SL-214 FIXED JIB $44,287.35 x
BTE Body Company, Inc. Swaploader SL-214 ADJ JIB $44,809.85 x
BTE Body Company, Inc. Swaploader SL-220 FIXED JIB $48,102.10 x
BTE Body Company, Inc. Swaploader SL-220 ADJ JIB $48,862.10 x
BTE Body Company, Inc. Swaploader SL-222 FIXED JIB $48,102.10 x
BTE Body Company, Inc. Swaploader SL-222 ADJ JIB $48,862.10 x
BTE Body Company, Inc. Swaploader SL-240 FIXED JIB $47,912.10 x
BTE Body Company, Inc. Swaploader SL-240 ADJ JIB $48,672.10 x
BTE Body Company, Inc. Swaploader SL-2418HD FIXED JIB $47,574.85 x
BTE Body Company, Inc. Swaploader SL-330 FIXED JIB $52,762.35 x
BTE Body Company, Inc. Swaploader SL-330 ADJ JIB $53,617.35 x
BTE Body Company, Inc. Swaploader SL-400 FIXED JIB $54,329.85 x
BTE Body Company, Inc. Swaploader SL-400 ADJ JIB $55,184.85 x
BTE Body Company, Inc. Swaploader SL-406 FIXED JIB $56,704.85 x
BTE Body Company, Inc. Swaploader SL-406 ADJ JIB $57,559.85 x
BTE Body Company, Inc. Swaploader SL-412 FIXED JIB $53,845.35 x
BTE Body Company, Inc. Swaploader SL-412 ADJ JIB $54,700.35 x
BTE Body Company, Inc. Swaploader SL-518 FIXED JIB $59,844.60 x
BTE Body Company, Inc. Swaploader SL-518 ADJ JIB $60,794.60 x
BTE Body Company, Inc. Swaploader SL-520 FIXED JIB $60,604.60 x
BTE Body Company, Inc. Swaploader SL-520 ADJ JIB $61,554.60 x
BTE Body Company, Inc. Swaploader SL-650 FIXED JIB $65,069.60 x
Spartan SRO60SC Roll Off $49,320.86 x
Spartan SRO75DC Roll Off $53,012.10 x
Page 511
Report
Supporting documents
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Item text
Vehicle Maintenance and Repair Services - IFB 24-FSD-001 - Request for Award
(Ordinance S-49640)
Request to authorize the City Manager, or his designee, to enter into separate
contracts with Courtesy Chevrolet, Don Sanderson Ford, Earnhardt Chevrolet,
Earnhardt Ford Sales Company, H&E Equipment Services, Inc., Rodeo Ford, Inc.,
Rush Truck Center-Phoenix, RWC International, Sands Chevrolet, San Tan Ford, All
Fleet Services, LLC, Fleet Line Truck & Equipment Repair, S & K Transmission
Service, Inc., Perez Auto, LLC, and Beuks Auto Group to provide vehicle maintenance
and repair services. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contracts will not exceed $11,539,600.
Summary
The Public Works Department is responsible for managing a diverse fleet of over
7,800 vehicles ranging from light-duty to heavy-duty vehicles. In addition, the Aviation
Department manages a fleet of 450 vehicles and the Police Department manages its
unmarked vehicle fleet. This contract will allow for the maintenance and repair of all
vehicle/equipment components including, but not limited to, steering, suspension, fuel
systems, brakes, refrigeration and heating, and hydraulics. Historically, to help
minimize the downtime of the City's fleet, third-party vendors have been contracted to
support the six major service centers, as well as smaller satellite locations around the
valley.
Procurement Information
An Invitation for Bid (IFB) 24-FSD-001 procurement was processed in accordance with
submittal, with the original equipment manufacturer (OEM) Group 1, and the non-
original equipment manufacturer (Non-OEM) as Group 2, with multiple vehicle classes
ranging from light duty up to class 8 trucks. Fifteen bids were received, covering both
authorized OEM vendors and non-OEM vendors. Every class of vehicles listed in the
IFB received a bid.
All vendors that submitted bids were deemed to be responsive to posted specifications
and responsible to provide the required goods and services. Following an evaluation
based on price, the procurement officer recommends award to multiple vendors.
Page 512
The award recommendation can be found in Attachment A.
Contract Term
The contracts will begin on or about July 1, 2023, for an initial three-year term with two
one-year options to extend, in increments of up to one year, for a total contract term of
five years.
Financial Impact
The value will not exceed $11,539,600.
Funding is available in the Aviation, Police and Public Works departments' budgets.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and Deputy City Manager
Mario Paniagua, and the Aviation, Police, and Public Works departments.
Page 513
ATTACHMENT A
AWARD RECOMMENDATION
IFB 24‐FSD‐001
VEHICLE MAINTENANCE AND REPAIR SERVICES
Price is Labor Rate per Hour
GROUP 1 ‐ OEM
Offer Automotive Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 RECOMMENDED *
Courtesy Chevrolet $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 155.00 $ 155.00 No Bid No Bid No Bid X
Don Sanderson Ford $ 115.00 $ 115.00 $ 115.00 $ 115.00 $ 115.00 $ 115.00 $ 125.00 $ 135.00 $ 135.00 X
Earnhardt Chevrolet $ 100.00 $ 100.00 $ 100.00 $ 100.00 No Bid No Bid No Bid No Bid No Bid X
Earnhardt Ford Sales Company $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 No Bid No Bid No Bid X
H&E Equipment Services, Inc. No Bid No Bid No Bid No Bid No Bid No Bid No Bid $ 140.00 $ 140.00 X
Rodeo Ford, Inc. $ 145.00 $ 145.00 $ 145.00 $ 145.00 $ 145.00 $ 145.00 No Bid No Bid No Bid X
Rush Truck Center, Phoenix No Bid No Bid No Bid No Bid No Bid No Bid No Bid $ 133.00 $ 133.00 X
Page 514 RWC International No Bid No Bid No Bid No Bid $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 X
Sands Chevrolet $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 X
San Tan Ford $ 144.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid X
GROUP 2 ‐ NON OEM
Offer Automotive Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 RECOMMENDED *
All Fleet Services LLC $ 103.30 $ 103.30 $ 103.30 $ 113.30 No Bid No Bid No Bid No Bid No Bid X
Fleet Line Truck & Equipment Repa No Bid No Bid No Bid $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 X
H&E Equipment Services, Inc. No Bid No Bid No Bid No Bid No Bid No Bid $ 140.00 $ 140.00 $ 140.00 X
RWC International No Bid No Bid No Bid $ 135.00 No Bid No Bid $ 135.00 $ 135.00 $ 135.00 X
S & K Transmission Service, Inc. $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 X
Sands Chevrolet $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 X
Perez Auto, LLC. $ 120.00 $ 135.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid X
Beuks Auto Group $ 109.99 $ 109.99 $ 109.99 $ 109.99 $ 149.99 No Bid No Bid No Bid No Bid X
Report
(Ordinance S-49640)
Request to authorize the City Manager, or his designee, to enter into separate
contracts with Courtesy Chevrolet, Don Sanderson Ford, Earnhardt Chevrolet,
Earnhardt Ford Sales Company, H&E Equipment Services, Inc., Rodeo Ford, Inc.,
Rush Truck Center-Phoenix, RWC International, Sands Chevrolet, San Tan Ford, All
Fleet Services, LLC, Fleet Line Truck & Equipment Repair, S & K Transmission
Service, Inc., Perez Auto, LLC, and Beuks Auto Group to provide vehicle maintenance
and repair services. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contracts will not exceed $11,539,600.
Summary
The Public Works Department is responsible for managing a diverse fleet of over
7,800 vehicles ranging from light-duty to heavy-duty vehicles. In addition, the Aviation
Department manages a fleet of 450 vehicles and the Police Department manages its
unmarked vehicle fleet. This contract will allow for the maintenance and repair of all
vehicle/equipment components including, but not limited to, steering, suspension, fuel
systems, brakes, refrigeration and heating, and hydraulics. Historically, to help
minimize the downtime of the City's fleet, third-party vendors have been contracted to
support the six major service centers, as well as smaller satellite locations around the
valley.
Procurement Information
An Invitation for Bid (IFB) 24-FSD-001 procurement was processed in accordance with
submittal, with the original equipment manufacturer (OEM) Group 1, and the non-
original equipment manufacturer (Non-OEM) as Group 2, with multiple vehicle classes
ranging from light duty up to class 8 trucks. Fifteen bids were received, covering both
authorized OEM vendors and non-OEM vendors. Every class of vehicles listed in the
IFB received a bid.
All vendors that submitted bids were deemed to be responsive to posted specifications
and responsible to provide the required goods and services. Following an evaluation
based on price, the procurement officer recommends award to multiple vendors.
Page 512
The award recommendation can be found in Attachment A.
Contract Term
The contracts will begin on or about July 1, 2023, for an initial three-year term with two
one-year options to extend, in increments of up to one year, for a total contract term of
five years.
Financial Impact
The value will not exceed $11,539,600.
Funding is available in the Aviation, Police and Public Works departments' budgets.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and Deputy City Manager
Mario Paniagua, and the Aviation, Police, and Public Works departments.
Page 513
ATTACHMENT A
AWARD RECOMMENDATION
IFB 24‐FSD‐001
VEHICLE MAINTENANCE AND REPAIR SERVICES
Price is Labor Rate per Hour
GROUP 1 ‐ OEM
Offer Automotive Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 RECOMMENDED *
Courtesy Chevrolet $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 155.00 $ 155.00 No Bid No Bid No Bid X
Don Sanderson Ford $ 115.00 $ 115.00 $ 115.00 $ 115.00 $ 115.00 $ 115.00 $ 125.00 $ 135.00 $ 135.00 X
Earnhardt Chevrolet $ 100.00 $ 100.00 $ 100.00 $ 100.00 No Bid No Bid No Bid No Bid No Bid X
Earnhardt Ford Sales Company $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 No Bid No Bid No Bid X
H&E Equipment Services, Inc. No Bid No Bid No Bid No Bid No Bid No Bid No Bid $ 140.00 $ 140.00 X
Rodeo Ford, Inc. $ 145.00 $ 145.00 $ 145.00 $ 145.00 $ 145.00 $ 145.00 No Bid No Bid No Bid X
Rush Truck Center, Phoenix No Bid No Bid No Bid No Bid No Bid No Bid No Bid $ 133.00 $ 133.00 X
Page 514 RWC International No Bid No Bid No Bid No Bid $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 X
Sands Chevrolet $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 X
San Tan Ford $ 144.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid X
GROUP 2 ‐ NON OEM
Offer Automotive Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 RECOMMENDED *
All Fleet Services LLC $ 103.30 $ 103.30 $ 103.30 $ 113.30 No Bid No Bid No Bid No Bid No Bid X
Fleet Line Truck & Equipment Repa No Bid No Bid No Bid $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 $ 135.00 X
H&E Equipment Services, Inc. No Bid No Bid No Bid No Bid No Bid No Bid $ 140.00 $ 140.00 $ 140.00 X
RWC International No Bid No Bid No Bid $ 135.00 No Bid No Bid $ 135.00 $ 135.00 $ 135.00 X
S & K Transmission Service, Inc. $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 125.00 X
Sands Chevrolet $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 X
Perez Auto, LLC. $ 120.00 $ 135.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid X
Beuks Auto Group $ 109.99 $ 109.99 $ 109.99 $ 109.99 $ 149.99 No Bid No Bid No Bid No Bid X
Report
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Item text
Fleet Management Technology For Heavy-Duty Vehicles Contract - COOP 23-042
- Request for Award (Ordinance S-49672)
Request to authorize the City Manager, or his designee, to enter into a contract with
Rubicon Global, LLC to provide Fleet Management Technology for Heavy-Duty
Vehicles for the Public Works Department. Further request to authorize the City
Controller to disburse all funds related to this item. The total value of the contract will
not exceed $3,780,000.
Summary
This contract will provide a specialized solid waste collections software platform and
Smart Cities capabilities. Utilizing this technology, the division will receive confirmation
on collections, turn-by-turn routing, route optimization, equipment records compliance
(pre-trip and post-trip inspections), provide citywide problem log recording capabilities
and eliminate paper driver logs.
This item has been reviewed and approved by the Information Technology Services
Department.
Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances Alternative Competition. The Public Works Department
conducted a Request for Information (RFI) to learn about technologies on the market
that would fit the requirements of the utility. Rubicon responded to the RFI and
through research Public Works has determined that the contract with Rubicon Global,
LLC from Sourcewell is the best fit for the City. Sourcewell contract covers the
purchase of solid waste collection software and was awarded consistent with the City
of Phoenix's procurement processes.
Contract Term
The contract will begin on or about May 3, 2023, for a five-year term with no options to
extend.
Financial Impact
The contract value will not exceed $3,780,000 for the five-year term.
Page 515
Funding is available in Public Works Department's budget.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Works
Department.
Page 516
Report
- Request for Award (Ordinance S-49672)
Request to authorize the City Manager, or his designee, to enter into a contract with
Rubicon Global, LLC to provide Fleet Management Technology for Heavy-Duty
Vehicles for the Public Works Department. Further request to authorize the City
Controller to disburse all funds related to this item. The total value of the contract will
not exceed $3,780,000.
Summary
This contract will provide a specialized solid waste collections software platform and
Smart Cities capabilities. Utilizing this technology, the division will receive confirmation
on collections, turn-by-turn routing, route optimization, equipment records compliance
(pre-trip and post-trip inspections), provide citywide problem log recording capabilities
and eliminate paper driver logs.
This item has been reviewed and approved by the Information Technology Services
Department.
Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances Alternative Competition. The Public Works Department
conducted a Request for Information (RFI) to learn about technologies on the market
that would fit the requirements of the utility. Rubicon responded to the RFI and
through research Public Works has determined that the contract with Rubicon Global,
LLC from Sourcewell is the best fit for the City. Sourcewell contract covers the
purchase of solid waste collection software and was awarded consistent with the City
of Phoenix's procurement processes.
Contract Term
The contract will begin on or about May 3, 2023, for a five-year term with no options to
extend.
Financial Impact
The contract value will not exceed $3,780,000 for the five-year term.
Page 515
Funding is available in Public Works Department's budget.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Works
Department.
Page 516
Report
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Item text
Industrial and Non-Inert Gas Pipeline License Agreements with Air Liquide
Electronics U.S. LP (Ordinance S-49674)
Request to authorize the City Manager, or his designee, to execute two non-exclusive,
revocable licenses with Air Liquide Electronics U.S. LP to construct, install, operate,
maintain and use the Public Highways in the City of Phoenix in order to provide both
industrial and non-inert gas services in, under, over and across public rights-of-way in
51st Avenue, from Dove Valley Road to Loop 303, subject to the terms and conditions
contained in the licenses and Phoenix City Code. Also request that the licensee sign
the licenses within 60 days of Council action, or this authorization will expire.
Summary
The licenses will be for a period of fifteen years, contain appropriate insurance and
indemnification provisions, require performance bonds and security funds, provide for
terms of transfer and revocation, and provide for compensation for the commercial use
of public rights-of-way while permitting the City to manage the rights-of-way.
Contract Term
The request is for one fifteen-year Industrial Gas Services License and one Non-Inert
Gas Services License, each with an option for two additional five-year renewals.
Financial Impact
There is no financial impact to the City. Per Phoenix City Code Chapter 5A, Licensee
will pay to the City an annual combined fee of $125,000 for industrial and non-inert gas
pipelines within 51st Avenue, from Dove Valley Road to Loop 303.
Location
51st Avenue; Dove Valley Road to Loop 303
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Street
Transportation Department and the City Engineer.
Page 517
Report
Electronics U.S. LP (Ordinance S-49674)
Request to authorize the City Manager, or his designee, to execute two non-exclusive,
revocable licenses with Air Liquide Electronics U.S. LP to construct, install, operate,
maintain and use the Public Highways in the City of Phoenix in order to provide both
industrial and non-inert gas services in, under, over and across public rights-of-way in
51st Avenue, from Dove Valley Road to Loop 303, subject to the terms and conditions
contained in the licenses and Phoenix City Code. Also request that the licensee sign
the licenses within 60 days of Council action, or this authorization will expire.
Summary
The licenses will be for a period of fifteen years, contain appropriate insurance and
indemnification provisions, require performance bonds and security funds, provide for
terms of transfer and revocation, and provide for compensation for the commercial use
of public rights-of-way while permitting the City to manage the rights-of-way.
Contract Term
The request is for one fifteen-year Industrial Gas Services License and one Non-Inert
Gas Services License, each with an option for two additional five-year renewals.
Financial Impact
There is no financial impact to the City. Per Phoenix City Code Chapter 5A, Licensee
will pay to the City an annual combined fee of $125,000 for industrial and non-inert gas
pipelines within 51st Avenue, from Dove Valley Road to Loop 303.
Location
51st Avenue; Dove Valley Road to Loop 303
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Street
Transportation Department and the City Engineer.
Page 517
Report
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Item text
Salt River Project Construction License for Subsurface Utility Excavation
Purposes on 36th Street and Roeser Road - WS90500312 (Ordinance S-49677)
Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for Subsurface Utility Excavation purposes. Further
request the City Council to grant an exception pursuant to Phoenix City Code 42-20 to
authorize inclusion in the documents pertaining to this transaction of indemnification
and assumption of liability provisions that otherwise should be prohibited by Phoenix
City Code 42-18.
Summary
The purpose of this license is to allow the City's on-call contractor to perform
Subsurface Utility Excavation (SUE) to determine the depth of Salt River Project
irrigation facilities. It is expected that these facilities are within the scope of the Water
Services Department's 36th Street Relief Sewer from Broadway Road to La Salle
Street (WS90500312) project. Depth verification allows the city to design accordingly
to avoid underground utility conflicts.
Contract Term
The term of the Construction License is one year, beginning when the Notice to
Proceed date is issued to the on-call SUE contractor, on or about May 5, 2023.
Financial Impact
There is no financial impact to the City of Phoenix.
Location
36th Street and Roeser Road
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Street
Transportation Department, and the City Engineer.
Page 518
Report
Purposes on 36th Street and Roeser Road - WS90500312 (Ordinance S-49677)
Request to authorize the City Manager, or his designee, to enter into a Construction
License with Salt River Project for Subsurface Utility Excavation purposes. Further
request the City Council to grant an exception pursuant to Phoenix City Code 42-20 to
authorize inclusion in the documents pertaining to this transaction of indemnification
and assumption of liability provisions that otherwise should be prohibited by Phoenix
City Code 42-18.
Summary
The purpose of this license is to allow the City's on-call contractor to perform
Subsurface Utility Excavation (SUE) to determine the depth of Salt River Project
irrigation facilities. It is expected that these facilities are within the scope of the Water
Services Department's 36th Street Relief Sewer from Broadway Road to La Salle
Street (WS90500312) project. Depth verification allows the city to design accordingly
to avoid underground utility conflicts.
Contract Term
The term of the Construction License is one year, beginning when the Notice to
Proceed date is issued to the on-call SUE contractor, on or about May 5, 2023.
Financial Impact
There is no financial impact to the City of Phoenix.
Location
36th Street and Roeser Road
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Street
Transportation Department, and the City Engineer.
Page 518
Report
Supporting documents
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Item text
91st Avenue Wastewater Treatment Plant Solids Rehabilitation Phase 1 -
Engineering Services Amendment 1 - WS90100111 (Ordinance S-49634)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 152491 with Arcadis U.S., Inc. to provide additional Engineering Services
for the 91st Avenue Wastewater Treatment Plant Solids Rehabilitation Phase I project.
Further request to authorize execution of amendments to the agreement as necessary
within the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item. The additional fee for services
included in this amendment will not exceed $5 million.
Summary
The purpose of this project is to rehabilitate the facilities and equipment used to treat
and process solids at the 91st Avenue Wastewater Treatment Plant (WWTP) including
replacement of equipment throughout the solids treatment process.
This amendment is necessary to increase the contract value and contract term for the
completion of construction administration and inspection services for the project. This
amendment adds funding and time to the existing agreement.
The 91st Avenue WWTP is owned by the Sub-Regional Operating Group (SROG) and
operated by the City of Phoenix.
Contract Term
The term of the agreement amendment is five years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
· The initial agreement for Engineering Services was approved for an amount not-to-
exceed $5,430,000, including all subconsultant and reimbursable costs.
· This Amendment will increase the agreement by an additional $5 million for a new
total amount not to exceed $10,430,000, including all subconsultant and
reimbursable costs.
Page 519
Funding for this amendment is available in the Water Services Department's Capital
Improvement Program budget.
Concurrence/Previous Council Action
· The SROG Advisors authorized the project on June 10, 2020.
The City Council approved:
· Engineering Services Agreement 152491 (Ordinance S-46821) on July 1, 2020.
Location
91st Avenue Wastewater Treatment Plant
Council District: 7
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 520
Report
Engineering Services Amendment 1 - WS90100111 (Ordinance S-49634)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 152491 with Arcadis U.S., Inc. to provide additional Engineering Services
for the 91st Avenue Wastewater Treatment Plant Solids Rehabilitation Phase I project.
Further request to authorize execution of amendments to the agreement as necessary
within the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item. The additional fee for services
included in this amendment will not exceed $5 million.
Summary
The purpose of this project is to rehabilitate the facilities and equipment used to treat
and process solids at the 91st Avenue Wastewater Treatment Plant (WWTP) including
replacement of equipment throughout the solids treatment process.
This amendment is necessary to increase the contract value and contract term for the
completion of construction administration and inspection services for the project. This
amendment adds funding and time to the existing agreement.
The 91st Avenue WWTP is owned by the Sub-Regional Operating Group (SROG) and
operated by the City of Phoenix.
Contract Term
The term of the agreement amendment is five years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
· The initial agreement for Engineering Services was approved for an amount not-to-
exceed $5,430,000, including all subconsultant and reimbursable costs.
· This Amendment will increase the agreement by an additional $5 million for a new
total amount not to exceed $10,430,000, including all subconsultant and
reimbursable costs.
Page 519
Funding for this amendment is available in the Water Services Department's Capital
Improvement Program budget.
Concurrence/Previous Council Action
· The SROG Advisors authorized the project on June 10, 2020.
The City Council approved:
· Engineering Services Agreement 152491 (Ordinance S-46821) on July 1, 2020.
Location
91st Avenue Wastewater Treatment Plant
Council District: 7
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 520
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
91st Avenue Wastewater Treatment Plant Sub-Regional Operating Group
Digester Dome Replacement - Construction Manager at Risk Construction
Services Amendment - WS90100001 (Ordinance S-49635)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 144666 with PCL Construction, Inc. to provide additional Construction
Manager at Risk Construction Services for the 91st Avenue Wastewater Treatment
Plant Sub-Regional Operation Group Digester Dome Replacement project. Further
request to authorize execution of amendments to the agreement as necessary within
the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item. The additional fee for services
included in this amendment will not exceed $6.2 million.
Summary
The Digester Dome Replacement project is intended to replace the fixed domes
covering four of the 10 anaerobic digesters at the 91st Avenue Wastewater Treatment
Plant (WWTP) (Digesters 2, 3, 4 and 12). These existing domes are structurally
deficient due to age and the corrosive environment within the digesters. The anaerobic
digesters are critical to the solids treatment process at the plant. Replacement of the
digester domes ensures operation at the highest levels of efficiency and operational
resiliency. The project will include removal of the existing domes, fabrication and
installation of the new domes, rehabilitation and coating of the digesters' interior walls,
installation of protective coatings to the interior of the digester domes, and installation
of roofing material and ancillary equipment on the exterior of the digester domes.
The purpose of this project is removal of existing domes, fabrication and installation of
new domes, and all necessary ancillary work.
This amendment is necessary to complete the construction of digester domes 2 and 3.
This amendment will provide additional funds and time to the agreement.
The 91st Avenue Wastewater Treatment Plant is owned by the Sub-Regional
Operating Group (SROG) and operated by the City of Phoenix.
Page 521
Contract Term
The term of the agreement amendment is five years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
· The initial agreement for Construction Manager at Risk Construction Services was
approved for an amount not-to-exceed $925,000.
· Amendments 1 and 2 increased the agreement value by $1.4 million, including all
subcontractor and reimbursable costs, for a new total amount not to exceed
$2,325,000.
· This Amendment will increase the agreement by an additional $6.8 million, for a
new total not-to-exceed agreement value of $9,125,000, including all subcontractor
and reimbursable costs.
Funding for this amendment is available in the Water Services Department's Capital
Improvement Program budget utilizing SROG funds. The Budget and Research
Department will separately review and approve funding availability prior to the
execution of any amendments. Payments may be made up to agreement limits for all
rendered agreement services, which may extend past the agreement termination.
Concurrence/Previous Council Action
The SROG Advisory Committee approved the project on Feb. 18, 2016.
The SROG Managers Committee approved the project on March 9, 2016.
The City Council approved:
· Professional Services Agreement 142545 (Ordinance S-42515) on May 4, 2016;
· Pre-Construction Services Agreement 142546 (Ordinance S-42516) on May 4,
2016;
· Construction Services Agreement 144666 (Ordinance S-43343) on March 22, 2017;
· Construction Services Agreement 144666 Amendment (Ordinance S-46527) on
April 15, 2020; and
· Construction Services Agreement 144666 Amendment (Ordinance S-48592) on
May 11, 2022.
Location
91st Avenue Wastewater Treatment Plant
Council District: 7
Page 522
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 523
Report
Digester Dome Replacement - Construction Manager at Risk Construction
Services Amendment - WS90100001 (Ordinance S-49635)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 144666 with PCL Construction, Inc. to provide additional Construction
Manager at Risk Construction Services for the 91st Avenue Wastewater Treatment
Plant Sub-Regional Operation Group Digester Dome Replacement project. Further
request to authorize execution of amendments to the agreement as necessary within
the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item. The additional fee for services
included in this amendment will not exceed $6.2 million.
Summary
The Digester Dome Replacement project is intended to replace the fixed domes
covering four of the 10 anaerobic digesters at the 91st Avenue Wastewater Treatment
Plant (WWTP) (Digesters 2, 3, 4 and 12). These existing domes are structurally
deficient due to age and the corrosive environment within the digesters. The anaerobic
digesters are critical to the solids treatment process at the plant. Replacement of the
digester domes ensures operation at the highest levels of efficiency and operational
resiliency. The project will include removal of the existing domes, fabrication and
installation of the new domes, rehabilitation and coating of the digesters' interior walls,
installation of protective coatings to the interior of the digester domes, and installation
of roofing material and ancillary equipment on the exterior of the digester domes.
The purpose of this project is removal of existing domes, fabrication and installation of
new domes, and all necessary ancillary work.
This amendment is necessary to complete the construction of digester domes 2 and 3.
This amendment will provide additional funds and time to the agreement.
The 91st Avenue Wastewater Treatment Plant is owned by the Sub-Regional
Operating Group (SROG) and operated by the City of Phoenix.
Page 521
Contract Term
The term of the agreement amendment is five years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
· The initial agreement for Construction Manager at Risk Construction Services was
approved for an amount not-to-exceed $925,000.
· Amendments 1 and 2 increased the agreement value by $1.4 million, including all
subcontractor and reimbursable costs, for a new total amount not to exceed
$2,325,000.
· This Amendment will increase the agreement by an additional $6.8 million, for a
new total not-to-exceed agreement value of $9,125,000, including all subcontractor
and reimbursable costs.
Funding for this amendment is available in the Water Services Department's Capital
Improvement Program budget utilizing SROG funds. The Budget and Research
Department will separately review and approve funding availability prior to the
execution of any amendments. Payments may be made up to agreement limits for all
rendered agreement services, which may extend past the agreement termination.
Concurrence/Previous Council Action
The SROG Advisory Committee approved the project on Feb. 18, 2016.
The SROG Managers Committee approved the project on March 9, 2016.
The City Council approved:
· Professional Services Agreement 142545 (Ordinance S-42515) on May 4, 2016;
· Pre-Construction Services Agreement 142546 (Ordinance S-42516) on May 4,
2016;
· Construction Services Agreement 144666 (Ordinance S-43343) on March 22, 2017;
· Construction Services Agreement 144666 Amendment (Ordinance S-46527) on
April 15, 2020; and
· Construction Services Agreement 144666 Amendment (Ordinance S-48592) on
May 11, 2022.
Location
91st Avenue Wastewater Treatment Plant
Council District: 7
Page 522
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 523
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Small Diameter Sanitary Sewer Rehabilitation Fiscal Year 2022-23 - Design-Bid-
Build Services - WS90500118 (Ordinance S-49638)
Request to authorize the City Manager, or his designee, to accept Insituform
Technologies, LLC as the lowest-priced, responsive and responsible bidder and to
enter into an agreement with Insituform Technologies, LLC for Design-Bid-Build
Services for the Small Diameter Sanitary Sewer Rehabilitation Fiscal Year 2022-23
project. Further request to authorize the City Controller to disburse all funds related to
this item. The fee for services will not exceed $4,747,147.
Summary
The purpose of this project is to rehabilitate the sanitary sewer system which consists
of approximately 121,057 linear feet of 8-inch to 15-inch diameter, primarily vitrified
clay sanitary sewer pipe within the City of Phoenix wastewater collection system.
Insituform Technologies, LLC 's services include, but are not limited to: installing cured-
in-place-pipe lining, performing cleanout removal and/or replacement, manhole
repairs, lateral reinstatement, odor control, public notifications, and other work as it
relates to rehabilitation of the sanitary sewer system.
Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. Three bids were received on Feb. 22,
2023, and were sent to the Water Services Department for review to determine
subcontractor eligibility and contractor responsiveness in demonstrating
responsiveness.
The Opinion of Probable Cost and the two lowest responsive, responsible bidders are
listed below:
· Opinion of Probable Cost: $4,578,062
· Insituform Technologies, LLC: $4,747,147
· SAK Construction, LLC: $5,815,176
Page 524
Bidders who were deemed non-responsive are listed below:
· Champion Cleaning Specialists, Inc.
The bid award amount is within the total budget for this project.
Contract Term
The term of the agreement is 400 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for Insituform Technologies, LLC will not exceed $4,747,147,
including all subcontractor and reimbursable costs.
Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 525
Report
Build Services - WS90500118 (Ordinance S-49638)
Request to authorize the City Manager, or his designee, to accept Insituform
Technologies, LLC as the lowest-priced, responsive and responsible bidder and to
enter into an agreement with Insituform Technologies, LLC for Design-Bid-Build
Services for the Small Diameter Sanitary Sewer Rehabilitation Fiscal Year 2022-23
project. Further request to authorize the City Controller to disburse all funds related to
this item. The fee for services will not exceed $4,747,147.
Summary
The purpose of this project is to rehabilitate the sanitary sewer system which consists
of approximately 121,057 linear feet of 8-inch to 15-inch diameter, primarily vitrified
clay sanitary sewer pipe within the City of Phoenix wastewater collection system.
Insituform Technologies, LLC 's services include, but are not limited to: installing cured-
in-place-pipe lining, performing cleanout removal and/or replacement, manhole
repairs, lateral reinstatement, odor control, public notifications, and other work as it
relates to rehabilitation of the sanitary sewer system.
Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. Three bids were received on Feb. 22,
2023, and were sent to the Water Services Department for review to determine
subcontractor eligibility and contractor responsiveness in demonstrating
responsiveness.
The Opinion of Probable Cost and the two lowest responsive, responsible bidders are
listed below:
· Opinion of Probable Cost: $4,578,062
· Insituform Technologies, LLC: $4,747,147
· SAK Construction, LLC: $5,815,176
Page 524
Bidders who were deemed non-responsive are listed below:
· Champion Cleaning Specialists, Inc.
The bid award amount is within the total budget for this project.
Contract Term
The term of the agreement is 400 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for Insituform Technologies, LLC will not exceed $4,747,147,
including all subcontractor and reimbursable costs.
Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 525
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Electrical Motor Drives and Maintenance Agreement - Request for Award
(Ordinance S-49646)
Request to authorize the City Manager, or his designee, to enter into agreements with
Dykman Electrical, Inc., Keller Electrical Industries, LLC, and Scott's AZ Electric Motor
Repair, LLC dba PumpMan Phoenix to provide electrical motor drives and
maintenance for the purpose of keeping electrical motors maintained for continued
operation of facilities. Further request to authorize the City Controller to disburse all
funds related to this item. The agreements will not exceed $5,500,000.
Summary
The purpose of these agreements is to provide electrical motor drives and
maintenance for the Water Services, Public Works, Aviation, and Phoenix Convention
Center departments.
The three vendors' services will include, but are not limited to: supply and/or install
electrical motors with various horsepower, ratings, model designations and
configurations, and/or provide electrical maintenance, troubleshooting, replacement
parts as required and repair services of electrical problems on an as-needed basis.
Procurement Information
The recommendation was made using an Invitation for Bids procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.
Three vendors submitted bids and are listed below, and all bids were found to be
responsive and responsible.
Selected Bidders:
Dykman Electrical, Inc.
Keller Electrical Industries, LLC
Scott's AZ Electric Motor Repair, LLC dba PumpMan Phoenix
Contract Term
The agreements will begin on or about July 1, 2023, for a six-year term with no options
to extend.
Page 526
Financial Impact
The agreement value for the three vendors will not exceed $5,500,000 for the six-year
term.
Funding is available in the Water Services, Public Works, Aviation and Phoenix
Convention Center departments' operating budget.
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Mario Paniagua,
Interim Deputy City Manager John Chan and the Water Services, Public Works,
Aviation and Phoenix Convention Center departments.
Page 527
Report
(Ordinance S-49646)
Request to authorize the City Manager, or his designee, to enter into agreements with
Dykman Electrical, Inc., Keller Electrical Industries, LLC, and Scott's AZ Electric Motor
Repair, LLC dba PumpMan Phoenix to provide electrical motor drives and
maintenance for the purpose of keeping electrical motors maintained for continued
operation of facilities. Further request to authorize the City Controller to disburse all
funds related to this item. The agreements will not exceed $5,500,000.
Summary
The purpose of these agreements is to provide electrical motor drives and
maintenance for the Water Services, Public Works, Aviation, and Phoenix Convention
Center departments.
The three vendors' services will include, but are not limited to: supply and/or install
electrical motors with various horsepower, ratings, model designations and
configurations, and/or provide electrical maintenance, troubleshooting, replacement
parts as required and repair services of electrical problems on an as-needed basis.
Procurement Information
The recommendation was made using an Invitation for Bids procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.
Three vendors submitted bids and are listed below, and all bids were found to be
responsive and responsible.
Selected Bidders:
Dykman Electrical, Inc.
Keller Electrical Industries, LLC
Scott's AZ Electric Motor Repair, LLC dba PumpMan Phoenix
Contract Term
The agreements will begin on or about July 1, 2023, for a six-year term with no options
to extend.
Page 526
Financial Impact
The agreement value for the three vendors will not exceed $5,500,000 for the six-year
term.
Funding is available in the Water Services, Public Works, Aviation and Phoenix
Convention Center departments' operating budget.
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Mario Paniagua,
Interim Deputy City Manager John Chan and the Water Services, Public Works,
Aviation and Phoenix Convention Center departments.
Page 527
Report
Supporting documents
No supporting documents stored.
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Item text
Name Change on City Agreement to Consor North America, Inc. Amendment
(Ordinance S-49650)
Request to authorize the City Manager, or his designee, to execute an amendment
with Project Engineering Consultants, LTD. to Agreement 156758 for Water Main
Replacement Program Engineering/Consulting On-Call Services and to Agreement
157231 for Engineering On-Call Services for Calendar Years 2023-24, to approve a
name change to Consor North America, Inc. Further request to authorize execution of
amendments to the agreements as necessary within the Council-approved expenditure
authority as provided below.
Summary
On Oct. 1, 2022, the City and Project Engineering Consultants, LTD. entered into the
Water Main Replacement Program Engineering/Consulting On-Call Services
Agreement 156758. On Jan. 1, 2023, the City and Project Engineering Consultants,
LTD. entered into the Engineering On-Call Services for Calendar Years 2023-24
Agreement 157231.
This amendment is necessary because on Dec. 3, 2022, Project Engineering
Consultant, LTD. notified the City of Phoenix of its name change from Project
Engineering Consultant, LTD. to Consor North America, Inc. and is now operating
under the name of Consor North America, Inc.
Contract Term
The term of the agreement remains unchanged.
Financial Impact
The agreement value remains unchanged.
Concurrence/Previous Council Action
The City Council approved:
· Water Main Replacement Program Engineering/Consulting On-Call Services
Agreement 156758 (Ordinance S-48881) on July 1, 2022; and
· Engineering On-Call Services for Calendar Years 2023-2024 Agreements 157189 to
157248 (Ordinance S-49068) on Oct.12, 2022.
Page 528
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 529
Report
(Ordinance S-49650)
Request to authorize the City Manager, or his designee, to execute an amendment
with Project Engineering Consultants, LTD. to Agreement 156758 for Water Main
Replacement Program Engineering/Consulting On-Call Services and to Agreement
157231 for Engineering On-Call Services for Calendar Years 2023-24, to approve a
name change to Consor North America, Inc. Further request to authorize execution of
amendments to the agreements as necessary within the Council-approved expenditure
authority as provided below.
Summary
On Oct. 1, 2022, the City and Project Engineering Consultants, LTD. entered into the
Water Main Replacement Program Engineering/Consulting On-Call Services
Agreement 156758. On Jan. 1, 2023, the City and Project Engineering Consultants,
LTD. entered into the Engineering On-Call Services for Calendar Years 2023-24
Agreement 157231.
This amendment is necessary because on Dec. 3, 2022, Project Engineering
Consultant, LTD. notified the City of Phoenix of its name change from Project
Engineering Consultant, LTD. to Consor North America, Inc. and is now operating
under the name of Consor North America, Inc.
Contract Term
The term of the agreement remains unchanged.
Financial Impact
The agreement value remains unchanged.
Concurrence/Previous Council Action
The City Council approved:
· Water Main Replacement Program Engineering/Consulting On-Call Services
Agreement 156758 (Ordinance S-48881) on July 1, 2022; and
· Engineering On-Call Services for Calendar Years 2023-2024 Agreements 157189 to
157248 (Ordinance S-49068) on Oct.12, 2022.
Page 528
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 529
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Scenario 3B Transmission Main Rehabilitation - Engineering Services
Amendment - WS85507008 (Ordinance S-49651)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 151557 with Wilson Engineers, LLC to provide additional Engineering
Services for the Scenario 3B Transmission Main Rehabilitation project. Further request
to authorize execution of amendments to the agreement as necessary within the
Council-approved expenditure authority as provided below, and for the City Controller
to disburse all funds related to this item. The additional fee for services included in this
amendment will not exceed $1.5 million.
Summary
The purpose of this project is to provide engineering services to rehabilitate
approximately 3.2 miles of 48-inch diameter pre-stressed concrete cylinder pipe
transmission main utilizing steel slip-line rehabilitation.
This amendment is necessary to complete the second phase of design for the project.
The first phase of the project completed segments 2 and 3 with a total linear footage of
6,300 linear feet. Construction was completed in Dec. 2021. The second phase of the
project will design segments 1 and 4 with an approximate linear footage of 10,500 feet.
This amendment will provide additional funds and time to the agreement.
Wilson Engineers, LLC’s additional services include, but are not limited to: prepare a
transmission main rehabilitation analysis, pipeline rehabilitation design, a complete set
of construction documents, and construction administration and inspection services.
Contract Term
The term of the agreement amendment is three years from the issuance of the Notice
to Proceed. Work scope identified and incorporated into the agreement prior to the end
of the term may be agreed to by the parties, and work may extend past the termination
of the agreement. No additional changes may be executed after the end of the term.
Financial Impact
· The initial agreement for Engineering Services was approved for an amount not to
exceed $3 million, including all subconsultant and reimbursable costs.
Page 530
· This amendment will increase the agreement by an additional $1.5 million, for a
new total amount not to exceed $4.5 million, including all subconsultant and
reimbursable costs.
Funding for this amendment is available in the Water Services Department's Capital
Improvement Program budget. The Budget and Research Department will separately
review and approve funding availability prior to the execution of any amendments.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.
Concurrence/Previous Council Action
The City Council approved:
· Engineering Services Agreement 151557 (Ordinance S-46313) on Jan. 29, 2020.
Location
Orangewood Avenue and 20th Street, traversing under SR-51 to Dreamy Draw Drive
and north to south of the Phoenix Mountains Preserve.
Council District: 6
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 531
Report
Amendment - WS85507008 (Ordinance S-49651)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 151557 with Wilson Engineers, LLC to provide additional Engineering
Services for the Scenario 3B Transmission Main Rehabilitation project. Further request
to authorize execution of amendments to the agreement as necessary within the
Council-approved expenditure authority as provided below, and for the City Controller
to disburse all funds related to this item. The additional fee for services included in this
amendment will not exceed $1.5 million.
Summary
The purpose of this project is to provide engineering services to rehabilitate
approximately 3.2 miles of 48-inch diameter pre-stressed concrete cylinder pipe
transmission main utilizing steel slip-line rehabilitation.
This amendment is necessary to complete the second phase of design for the project.
The first phase of the project completed segments 2 and 3 with a total linear footage of
6,300 linear feet. Construction was completed in Dec. 2021. The second phase of the
project will design segments 1 and 4 with an approximate linear footage of 10,500 feet.
This amendment will provide additional funds and time to the agreement.
Wilson Engineers, LLC’s additional services include, but are not limited to: prepare a
transmission main rehabilitation analysis, pipeline rehabilitation design, a complete set
of construction documents, and construction administration and inspection services.
Contract Term
The term of the agreement amendment is three years from the issuance of the Notice
to Proceed. Work scope identified and incorporated into the agreement prior to the end
of the term may be agreed to by the parties, and work may extend past the termination
of the agreement. No additional changes may be executed after the end of the term.
Financial Impact
· The initial agreement for Engineering Services was approved for an amount not to
exceed $3 million, including all subconsultant and reimbursable costs.
Page 530
· This amendment will increase the agreement by an additional $1.5 million, for a
new total amount not to exceed $4.5 million, including all subconsultant and
reimbursable costs.
Funding for this amendment is available in the Water Services Department's Capital
Improvement Program budget. The Budget and Research Department will separately
review and approve funding availability prior to the execution of any amendments.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.
Concurrence/Previous Council Action
The City Council approved:
· Engineering Services Agreement 151557 (Ordinance S-46313) on Jan. 29, 2020.
Location
Orangewood Avenue and 20th Street, traversing under SR-51 to Dreamy Draw Drive
and north to south of the Phoenix Mountains Preserve.
Council District: 6
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 531
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Booster Pump Station Rehabilitation and Replacement Project, Packages 1 and
2 - Construction Manager at Risk Construction Services Amendment -
WS85100032 (Ordinance S-49652)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 147751 with MGC Contractors, Inc. to provide additional Construction
Manager at Risk Construction Services for the Booster Pump Station Rehabilitation
and Replacement Project, Packages 1 and 2. Further request to authorize execution of
amendments to the agreement as necessary within the Council-approved expenditure
authority as provided below, and for the City Controller to disburse all funds related to
this item.
Summary
The purpose of this project is to rebuild and rehabilitate booster pump station 5A-B2
and 5N-B1; including removal of existing pumping equipment, piping, hydro tanks and
associated electrical equipment. The rehabilitation and rebuilding of the sites will
include: furnishing and installing new pumping equipment, pipes, valves, electrical
equipment and other associated booster pump station site equipment.
This amendment is necessary to reprogram the timing of the construction of the project
due to cost increases and associated budget impacts. This amendment will provide
additional time to the agreement.
Contract Term
The term of the agreement amendment is five years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The initial agreement amount remains unchanged.
Concurrence/Previous Council Action
The City Council approved:
· Construction Manager at Risk Construction Services Agreement 147751 (Ordinance
Page 532
S-44647) on June 6, 2018.
Location
· Lower Du Sommet, in the area of 58th Street and Hummingbird Lane.
· Upper Mount Central, in the area of Central Avenue and North Lane.
· Upper Du Sommet, in the area of 57th Street and Quartz Mountain Road.
· Casa De Cielo, in the area of Cave Creek Road and Carefree Highway.
· Upper Coral Gables, in the area of 15th Avenue and 15th Drive.
· Union Hills Water Treatment Plant, in the area of Deer Valley Drive and Cave Creek
Road.
Council Districts: 2, 3 and Out of City
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 533
Report
2 - Construction Manager at Risk Construction Services Amendment -
WS85100032 (Ordinance S-49652)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 147751 with MGC Contractors, Inc. to provide additional Construction
Manager at Risk Construction Services for the Booster Pump Station Rehabilitation
and Replacement Project, Packages 1 and 2. Further request to authorize execution of
amendments to the agreement as necessary within the Council-approved expenditure
authority as provided below, and for the City Controller to disburse all funds related to
this item.
Summary
The purpose of this project is to rebuild and rehabilitate booster pump station 5A-B2
and 5N-B1; including removal of existing pumping equipment, piping, hydro tanks and
associated electrical equipment. The rehabilitation and rebuilding of the sites will
include: furnishing and installing new pumping equipment, pipes, valves, electrical
equipment and other associated booster pump station site equipment.
This amendment is necessary to reprogram the timing of the construction of the project
due to cost increases and associated budget impacts. This amendment will provide
additional time to the agreement.
Contract Term
The term of the agreement amendment is five years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The initial agreement amount remains unchanged.
Concurrence/Previous Council Action
The City Council approved:
· Construction Manager at Risk Construction Services Agreement 147751 (Ordinance
Page 532
S-44647) on June 6, 2018.
Location
· Lower Du Sommet, in the area of 58th Street and Hummingbird Lane.
· Upper Mount Central, in the area of Central Avenue and North Lane.
· Upper Du Sommet, in the area of 57th Street and Quartz Mountain Road.
· Casa De Cielo, in the area of Cave Creek Road and Carefree Highway.
· Upper Coral Gables, in the area of 15th Avenue and 15th Drive.
· Union Hills Water Treatment Plant, in the area of Deer Valley Drive and Cave Creek
Road.
Council Districts: 2, 3 and Out of City
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 533
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Pre-Engineered Fabric Shade Structures - Mohave 16D-SSI-0401 and 16D-
SHADE-0304 - Amendment (Ordinance S-49656)
Request to authorize the City Manager, or his designee, to execute amendments to
Contract 147450 with Shade Structure Inc. dba USA Shade and Fabric, and Contract
147568 with Shade 'N Net of Arizona, Inc. to extend the contract term. Further request
to authorize the City Controller to disburse all funds related to this item. No additional
funds are needed. Request to continue using Ordinance S-44466.
Summary
These contracts will provide support for the repair and replacement of current shade
structures throughout the community and ensure that departments can obtain a wide
range of shade structure products and services needed at various City facilities. The
shade structures provide equipment protection, reduce exposure to harmful UV rays,
and help maintain cooler temperatures. An extension will allow for uninterrupted
availability of services. The contracts are used by the Fire, Public Works, Parks and
Recreation and Water Services departments.
The contracts extension is needed to allow additional time to complete a new
procurement process.
Contract Term
Upon approval, the contracts will be extended through April 30, 2024.
Financial Impact
The aggregate value of the contracts will not exceed $725,000. No additional funds are
needed.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Pre-Engineered Fabric Shade Structures Contracts 147450 and 147568 (Ordinance
S-44466) on Aug. 29, 2018.
• Pre-Engineered Fabric Shade Structures Contracts 147450 and 147568 (Ordinance
S-47215) on Jan. 6, 2021.
Page 534
Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Managers
Mario Paniagua, Inger Erickson and Ginger Spencer and the Fire, Public Works, Parks
and Recreation and Water Services departments.
Page 535
Report
SHADE-0304 - Amendment (Ordinance S-49656)
Request to authorize the City Manager, or his designee, to execute amendments to
Contract 147450 with Shade Structure Inc. dba USA Shade and Fabric, and Contract
147568 with Shade 'N Net of Arizona, Inc. to extend the contract term. Further request
to authorize the City Controller to disburse all funds related to this item. No additional
funds are needed. Request to continue using Ordinance S-44466.
Summary
These contracts will provide support for the repair and replacement of current shade
structures throughout the community and ensure that departments can obtain a wide
range of shade structure products and services needed at various City facilities. The
shade structures provide equipment protection, reduce exposure to harmful UV rays,
and help maintain cooler temperatures. An extension will allow for uninterrupted
availability of services. The contracts are used by the Fire, Public Works, Parks and
Recreation and Water Services departments.
The contracts extension is needed to allow additional time to complete a new
procurement process.
Contract Term
Upon approval, the contracts will be extended through April 30, 2024.
Financial Impact
The aggregate value of the contracts will not exceed $725,000. No additional funds are
needed.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Pre-Engineered Fabric Shade Structures Contracts 147450 and 147568 (Ordinance
S-44466) on Aug. 29, 2018.
• Pre-Engineered Fabric Shade Structures Contracts 147450 and 147568 (Ordinance
S-47215) on Jan. 6, 2021.
Page 534
Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Managers
Mario Paniagua, Inger Erickson and Ginger Spencer and the Fire, Public Works, Parks
and Recreation and Water Services departments.
Page 535
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Specialized Equipment, Piping, and Infrastructure Coatings Construction
Administration and Inspection Services Cave Creek Water Reclamation Plant
and 23rd Avenue Wastewater Treatment Plant - Amendment - WS90200056,
WS90200053, WS90300009, WS90300011 (WS90400023) (Ordinance S-49660)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 146955 with Arcadis U.S., Inc. to provide additional Construction
Administration and Inspection Services for the Specialized Equipment, Piping, and
Infrastructure Coatings Cave Creek Water Reclamation Plant and 23rd Avenue
Wastewater Treatment Plant project. Further request to authorize execution of
amendments to the agreement as necessary.
Summary
The purpose of this project is to conduct an assessment and inspection services for the
application of protective coatings for wastewater equipment and piping at the Cave
Creek Reclamation Plant and 23rd Avenue Wastewater Treatment Plant.
This amendment is necessary due to COVID restrictions, which prevented the project
from being completed within the original five year period. This amendment will provide
additional time to the agreement.
Contract Term
The term of the agreement amendment is two years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The original agreement value remains unchanged.
Concurrence/Previous Council Action
The City Council approved Construction Administration and Inspection Services
Agreements 146955 and 146957 (Ordinance S-44261) on Feb. 21, 2018.
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan Stephenson,
the Water Services Department and the City Engineer.
Page 536
Report
Administration and Inspection Services Cave Creek Water Reclamation Plant
and 23rd Avenue Wastewater Treatment Plant - Amendment - WS90200056,
WS90200053, WS90300009, WS90300011 (WS90400023) (Ordinance S-49660)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 146955 with Arcadis U.S., Inc. to provide additional Construction
Administration and Inspection Services for the Specialized Equipment, Piping, and
Infrastructure Coatings Cave Creek Water Reclamation Plant and 23rd Avenue
Wastewater Treatment Plant project. Further request to authorize execution of
amendments to the agreement as necessary.
Summary
The purpose of this project is to conduct an assessment and inspection services for the
application of protective coatings for wastewater equipment and piping at the Cave
Creek Reclamation Plant and 23rd Avenue Wastewater Treatment Plant.
This amendment is necessary due to COVID restrictions, which prevented the project
from being completed within the original five year period. This amendment will provide
additional time to the agreement.
Contract Term
The term of the agreement amendment is two years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The original agreement value remains unchanged.
Concurrence/Previous Council Action
The City Council approved Construction Administration and Inspection Services
Agreements 146955 and 146957 (Ordinance S-44261) on Feb. 21, 2018.
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan Stephenson,
the Water Services Department and the City Engineer.
Page 536
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Specialized Equipment, Piping, and Infrastructure Coatings Construction
Administration and Inspection Services Cave Creek Water Reclamation Plant
and 23rd Avenue Wastewater Treatment Plant - Amendment - WS90300011,
WS90400023, WS90500299 (WS90200056, WS90200053, WS90300009,
WS90500012) (Ordinance S-49661)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 146957 with RFI Consultants, L.L.C., to provide additional Construction
Administration and Inspection Services for the Specialized Equipment, Piping, and
Infrastructure Coatings Construction Administration and Inspection Services Cave
Creek Water Reclamation Plant and 23rd Avenue Wastewater Treatment Plant project.
Further request to authorize execution of amendments to the agreement as necessary.
Summary
The purpose of this project is to conduct an assessment and inspection services for
the application of protective coatings, piping and manholes for collection systems, lift
stations, and at the Cave Creek Reclamation Plant.
This amendment is necessary due to COVID restrictions which prevented the project
from being completed within the original five-year period. This amendment will provide
additional time to the agreement.
Contract Term
The term of the agreement amendment is two years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The original agreement value remains unchanged.
Concurrence/Previous Council Action
The City Council approved Construction Administration and Inspection Services
Agreements 146955 and 146957 (Ordinance S-44261) on Feb. 21, 2018.
Page 537
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 538
Report
Administration and Inspection Services Cave Creek Water Reclamation Plant
and 23rd Avenue Wastewater Treatment Plant - Amendment - WS90300011,
WS90400023, WS90500299 (WS90200056, WS90200053, WS90300009,
WS90500012) (Ordinance S-49661)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 146957 with RFI Consultants, L.L.C., to provide additional Construction
Administration and Inspection Services for the Specialized Equipment, Piping, and
Infrastructure Coatings Construction Administration and Inspection Services Cave
Creek Water Reclamation Plant and 23rd Avenue Wastewater Treatment Plant project.
Further request to authorize execution of amendments to the agreement as necessary.
Summary
The purpose of this project is to conduct an assessment and inspection services for
the application of protective coatings, piping and manholes for collection systems, lift
stations, and at the Cave Creek Reclamation Plant.
This amendment is necessary due to COVID restrictions which prevented the project
from being completed within the original five-year period. This amendment will provide
additional time to the agreement.
Contract Term
The term of the agreement amendment is two years from the issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The original agreement value remains unchanged.
Concurrence/Previous Council Action
The City Council approved Construction Administration and Inspection Services
Agreements 146955 and 146957 (Ordinance S-44261) on Feb. 21, 2018.
Page 537
Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.
Page 538
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Salt Contract - IFB-2223-WPP-533 - Request for Award (Ordinance S-49664)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Charlie Pepper AZ, Inc. dba Salt Works to provide salt for the Water Services
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The total value of the agreement will not exceed $500,000.
Summary
The agreement will provide Water Services with the ability to purchase salt as-needed
for softening of water. Softening the water assists in the wastewater treatment process
for the removal of Hydrogen Sulfide, which keeps the plant in compliance with the
Maricopa County Air permit. The salt will also be used at remote facility sites in the
onsite generators to produce chlorine.
Procurement Information
The recommendation was made using an Invitation to Bid procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.
One vendor submitted a bid, which is listed below and was found to be responsive and
responsible. Following an evaluation based on price, the procurement officer
recommends award to the following vendor:
Selected Bidder
Charlie Pepper AZ, Inc. dba Salt Works $44,709.02
Contract Term
The contract will begin on or about May 1, 2023, for a five-year term with no options to
extend.
Financial Impact
The aggregate contract value will not exceed $500,000.
Funding is available in the Water Services Department Operating Budget.
Page 539
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services Department.
Page 540
Report
Request to authorize the City Manager, or his designee, to enter into an agreement
with Charlie Pepper AZ, Inc. dba Salt Works to provide salt for the Water Services
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The total value of the agreement will not exceed $500,000.
Summary
The agreement will provide Water Services with the ability to purchase salt as-needed
for softening of water. Softening the water assists in the wastewater treatment process
for the removal of Hydrogen Sulfide, which keeps the plant in compliance with the
Maricopa County Air permit. The salt will also be used at remote facility sites in the
onsite generators to produce chlorine.
Procurement Information
The recommendation was made using an Invitation to Bid procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.
One vendor submitted a bid, which is listed below and was found to be responsive and
responsible. Following an evaluation based on price, the procurement officer
recommends award to the following vendor:
Selected Bidder
Charlie Pepper AZ, Inc. dba Salt Works $44,709.02
Contract Term
The contract will begin on or about May 1, 2023, for a five-year term with no options to
extend.
Financial Impact
The aggregate contract value will not exceed $500,000.
Funding is available in the Water Services Department Operating Budget.
Page 539
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services Department.
Page 540
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Fire Hydrants - IFB 1819-WWD-169 - Amendment (Ordinance S-49665)
Request to authorize the City Manager, or his designee to allow additional
expenditures under Contracts 149450, 149465, 149464, 149451 with Mueller Water
Products, Inc., Fortiline Inc., Dana Kepner Company, Inc. and Ferguson US Holdings,
Inc. for the purchase of fire hydrants and fire hydrant parts and accessories for the
Water Services Department. Further request to authorize the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$1,500,000.
Summary
The purpose of the amendment is to add additional funding that will allow the Water
Services Department to continue to use the contract through the remaining term. Over
the past year the price increases on fire hydrants, parts and accessories have
exhausted the existing funding. This amendment will provide the ability to purchase fire
hydrants, fire hydrant replacement/repair parts, kits, accessories, warranty repairs and
repair services on an as needed basis.
Contract Term
The contract term remains unchanged, ending on Feb. 29, 2024.
Financial Impact
Upon approval of $1,500,000 in additional funds, the revised aggregate value of the
contracts will not exceed $11,645,065.
Funds are available in the Water Services Department’s budget.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Fire Hydrants Contracts 149450, 149465, 149464, 149451 (Ordinance S-45423) on
March 6, 2019.
• Fire Hydrants Contracts 149450, 149465, 149464, 149451 (Ordinance S-46315) on
Jan. 29, 2020.
• Fire Hydrants Contracts 149450, 149465, 149464, 149451 (Ordinance S-45109) on
Page 541
March 23, 2022.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services Department.
Page 542
Report
Request to authorize the City Manager, or his designee to allow additional
expenditures under Contracts 149450, 149465, 149464, 149451 with Mueller Water
Products, Inc., Fortiline Inc., Dana Kepner Company, Inc. and Ferguson US Holdings,
Inc. for the purchase of fire hydrants and fire hydrant parts and accessories for the
Water Services Department. Further request to authorize the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$1,500,000.
Summary
The purpose of the amendment is to add additional funding that will allow the Water
Services Department to continue to use the contract through the remaining term. Over
the past year the price increases on fire hydrants, parts and accessories have
exhausted the existing funding. This amendment will provide the ability to purchase fire
hydrants, fire hydrant replacement/repair parts, kits, accessories, warranty repairs and
repair services on an as needed basis.
Contract Term
The contract term remains unchanged, ending on Feb. 29, 2024.
Financial Impact
Upon approval of $1,500,000 in additional funds, the revised aggregate value of the
contracts will not exceed $11,645,065.
Funds are available in the Water Services Department’s budget.
Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Fire Hydrants Contracts 149450, 149465, 149464, 149451 (Ordinance S-45423) on
March 6, 2019.
• Fire Hydrants Contracts 149450, 149465, 149464, 149451 (Ordinance S-46315) on
Jan. 29, 2020.
• Fire Hydrants Contracts 149450, 149465, 149464, 149451 (Ordinance S-45109) on
Page 541
March 23, 2022.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services Department.
Page 542
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Final Plat - Hillstone-ASLD - PLAT 220033 - Southeast Corner of Desert Peak
Parkway and Hillstone Way
Plat: 220033
Project: 16-3288
Name of Plat: Hillstone-ASLD
Owner: D.R. Horton, Inc.
Engineer: Kirk J. Pangus, RLS
Request: A One-Tract Residential Plat
Reviewed by Staff: April 4, 2023
Final Plat requires Formal Action Only
Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.
Location
Generally located at the southeast corner of Desert Peak Parkway and Hillstone Way
Council District: 2
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 543
Report
Parkway and Hillstone Way
Plat: 220033
Project: 16-3288
Name of Plat: Hillstone-ASLD
Owner: D.R. Horton, Inc.
Engineer: Kirk J. Pangus, RLS
Request: A One-Tract Residential Plat
Reviewed by Staff: April 4, 2023
Final Plat requires Formal Action Only
Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.
Location
Generally located at the southeast corner of Desert Peak Parkway and Hillstone Way
Council District: 2
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 543
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Final Plat - Circle K Indian School & 15th Avenue - PLAT 210063 - Northwest
Corner of Indian School Road and 15th Avenue
Plat: 210063
Project: 19-230
Name of Plat: Circle K Indian School & 15th Avenue
Owner: Circle K Stores Inc.
Engineer: Michael J. Thompson, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: March 27, 2023
Final Plat requires Formal Action Only
Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.
Location
Generally located at the northwest corner of Indian School Road and 15th Avenue
Council District: 4
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 544
Report
Corner of Indian School Road and 15th Avenue
Plat: 210063
Project: 19-230
Name of Plat: Circle K Indian School & 15th Avenue
Owner: Circle K Stores Inc.
Engineer: Michael J. Thompson, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: March 27, 2023
Final Plat requires Formal Action Only
Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.
Location
Generally located at the northwest corner of Indian School Road and 15th Avenue
Council District: 4
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 544
Report
Supporting documents
No supporting documents stored.
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Item text
Map of Dedication - CPLC Multi-Family Development - MOD 230001 - Northeast
Corner of 6th Avenue and Broadway Road
Map of Dedication: 230001
Project: 18-830
Name of Map of Dedication: CPLC Multi-Family Development
Owner: Chicanos Por La Causa, Inc.
Engineer: Douglas B. Toney, RLS
Request: Public rights-of-way and easement dedication
Reviewed by Staff: April 12, 2023
Final Map of Dedication requires Formal Action Only
Summary
Staff requests that the above map of dedication be approved by the City Council and
certified by the City Clerk. Recording of the map of dedication dedicates the streets
and easements as shown to the public.
Location
Generally located at the northeast corner of 6th Avenue and Broadway Road
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 545
Report
Corner of 6th Avenue and Broadway Road
Map of Dedication: 230001
Project: 18-830
Name of Map of Dedication: CPLC Multi-Family Development
Owner: Chicanos Por La Causa, Inc.
Engineer: Douglas B. Toney, RLS
Request: Public rights-of-way and easement dedication
Reviewed by Staff: April 12, 2023
Final Map of Dedication requires Formal Action Only
Summary
Staff requests that the above map of dedication be approved by the City Council and
certified by the City Clerk. Recording of the map of dedication dedicates the streets
and easements as shown to the public.
Location
Generally located at the northeast corner of 6th Avenue and Broadway Road
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 545
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-89-22-2 -
Approximately 140 Feet North of the Northeast Corner of 34th Street and Tierra
Buena Lane (Ordinance G-7106)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-14 (One-Family Residence) to R1-6 (Single-Family Residence District) to allow
single-family residential.
Summary
Current Zoning: R1-14
Proposed Zoning: R1-6
Acreage: 3.92 acres
Proposal: Single-family residential
Owner: Land N. 34th Street, LLC
Applicant: HG 100, LLC
Representative: Shelby Duplessis, Diversified Future
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Paradise Valley Village Planning Committee heard this case on
March 6, 2023, and recommended approval, per the staff recommendation, with a
modification, by a vote of 15-1.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 140 feet north of the northeast corner of 34th Street and Tierra Buena
Lane
Council District: 2
Parcel Address: 15875 N. 34th St.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 546
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-89-22-2) FROM R1-14 (ONE-FAMILY
RESIDENCE) TO R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.92-acre property located approximately
140 feet north of the northeast corner of 34th Street and Tierra Buena Lane in a portion
of Section 1, Township 3 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from “R1-14” (One-Family Residence), to “R1-6” (Single-Family
Residence District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 547
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development shall be in general conformance with the site plan date
stamped February 22, 2023, with specific regard to the open space provided, as
modified by the following stipulations and as approved by the Planning and
Development Department.
2. The maximum building height shall be 1-story and 16 feet, measured to the peak
of the roof.
3. Improved open space areas shall be shaded by a structure, landscaping at
maturity, or a combination of the two to provide minimum 75% shade, as shown
on a shading study, as approved by the Planning and Development Department.
4. Landscape areas within retention areas and open space areas shall be planted
with shrubs, accents and vegetative groundcovers to provide a minimum of 75%
live coverage at maturity, as approved by the Planning and Development
Department.
5. A minimum of two shaded active recreation amenities, such as a tot lot, picnic
area, seating feature, garden amenity, or similar amenity, shall be provided
within the open space area, as approved by the Planning and Development
Department.
6. A minimum of five bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near improved open space areas and installed per
the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.
7. The perimeter landscape setback adjacent to the public street shall be planted to
the following standards, as approved by the Planning and Development
Department.
a. Minimum 50% 2-inch caliper and 50% 3-inch caliper, large canopy,
drought-tolerant shade trees, planted 20 feet on center or in equivalent
groupings.
b. Shrubs, accents, and vegetative groundcovers to provide a minimum of
75% live coverage at maturity.
8. The developer shall construct a minimum 5-foot-wide detached sidewalk and a
minimum 5-foot-wide landscape strip between the back of curb and sidewalk
Page 548
along the east side of 34th Street, planted to the following standards and as
approved by the Planning and Development Department.
a. Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk
shade trees planted 20 feet on center or in equivalent groupings.
b. Drought-tolerant shrubs, accents and vegetative groundcovers to
achieve a minimum of 75% live coverage at maturity.
Where utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
9. The developer shall dedicate a sidewalk easement for any streetscape area
(detached sidewalk and landscape strip) that falls outside of dedicated right-of-
way along the east side of 34th Street, as approved by the Planning and
Development Department.
10. The developer shall construct a minimum 5-foot-wide detached sidewalk and a
minimum 5-foot-wide landscape strip between the back of curb and sidewalk for
internal public and/or private sidewalks within the development, including along
the perimeter of Tract B and Tract C, as depicted on the site plan date stamped
December 20, 2022, planted to the following standards and as approved by the
Planning and Development Department.
a. Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk
shade trees planted 20 feet on center or in equivalent groupings.
b. Drought tolerant shrubs, accents, and vegetative groundcovers to
achieve a minimum of 75% live coverage at maturity.
Where utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
11. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
12. A Red Border Letter shall be submitted to the Arizona Department of
Transportation (ADOT) for this development.
13. The property owner shall record documents that disclose the existence, and
operational characteristics of the Deer Valley Airport (DVT) to future owners or
Page 549
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been reviewed
and approved by the City Attorney.
14. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
15. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder’s Office and delivered to the City to be included in the rezoning
application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
Page 550
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
Page 551
EXHIBIT A
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN PHOENIX, IN THE
COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
That part of the North Half of the Southwest Quarter of the Northeast Quarter of the
Southwest Quarter of Section 1, Township 3 North, Range 3 East of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the Northwest Corner of said North Half of the Southwest Quarter of
the Northeast Quarter of the Southwest Quarter of Section 1, being the Southwest
Corner of the Villa Addante Subdivision shown on the Final Plat, recorded in Book 301
of Maps, Page 3, Maricopa County Records, found, marked with a Brass Cap flush with
the pavement;
Thence South 89 degrees 36 minutes 03 seconds East South 89 degrees 14 minutes
35 seconds East (Record), along the Northerly line of said North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 1, being the
Southerly line of said Villa Addante Subdivision, a distance of 275.00 feet to the POINT
OF BEGINNING;
Thence continuing South 89 degrees 36 minutes 03 seconds East South 89 degrees 14
minutes 35 seconds East (Record) along said line, a distance of 385.43 feet to the
Northeast Corner of said North Half of the Southwest Quarter of the Northeast Quarter
of the Southwest Quarter of Section 1, being a Northwesterly Corner of the Bella Terra
Subdivision shown on the Final Plat, recorded in Book 200 of Maps, Page 12, Maricopa
County Records;
Thence South 00 degrees 40 minutes 46 seconds East South 00 degrees 28 minutes
32 seconds East (Record), departing said Northerly line and along the East line of said
North Half of the Southwest Quarter of the Northeast Quarter of the Southwest Quarter
of Section 1, also being the Westerly line of said Bella Terra Subdivision, a distance of
327.05 feet to the Southeast Corner of said North Half of the Southwest Quarter of the
Northeast Corner of the Southwest Quarter of Section 1, being a Northwesterly Corner
of said Bella Terra Subdivision;
Thence North 89 degrees 40 minutes 41 seconds West North 89 degrees 27 minutes
46 seconds West (Record), along the South line of said North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 1, also being the
Northerly line of said Bella Terra Subdivision, a distance of 635.44 feet to a point on a
line which is parallel with and 25 feet Easterly, as measured at right angles, from the
West line of said North Half of the Southwest Quarter of the Northeast Quarter of the
Southwest Quarter of Section 1, being a Northwesterly Corner of said Bella Terra
Subdivision;
Page 552
Thence North 00 degrees 40 minutes 34 seconds West, along said parallel line, a
distance of 160.02 feet to a point on a line which is parallel with an 160 feet Northerly,
as measured at right angles, from said South line of the North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 01 and Northerly
line of said Terra Bella Subdivision;
Thence South 89 degrees 40 minutes 41 seconds East, along said parallel line, a
distance of 246.85 feet;
Thence North 00 degrees 23 minutes 57 seconds East, departing said parallel line, a
distance of 167.51 feet to the POINT OF BEGINNING.
APN: 214-35-011C
Page 553
Page 554
Report
Approximately 140 Feet North of the Northeast Corner of 34th Street and Tierra
Buena Lane (Ordinance G-7106)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-14 (One-Family Residence) to R1-6 (Single-Family Residence District) to allow
single-family residential.
Summary
Current Zoning: R1-14
Proposed Zoning: R1-6
Acreage: 3.92 acres
Proposal: Single-family residential
Owner: Land N. 34th Street, LLC
Applicant: HG 100, LLC
Representative: Shelby Duplessis, Diversified Future
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Paradise Valley Village Planning Committee heard this case on
March 6, 2023, and recommended approval, per the staff recommendation, with a
modification, by a vote of 15-1.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Paradise Valley Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 140 feet north of the northeast corner of 34th Street and Tierra Buena
Lane
Council District: 2
Parcel Address: 15875 N. 34th St.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 546
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-89-22-2) FROM R1-14 (ONE-FAMILY
RESIDENCE) TO R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 3.92-acre property located approximately
140 feet north of the northeast corner of 34th Street and Tierra Buena Lane in a portion
of Section 1, Township 3 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from “R1-14” (One-Family Residence), to “R1-6” (Single-Family
Residence District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 547
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development shall be in general conformance with the site plan date
stamped February 22, 2023, with specific regard to the open space provided, as
modified by the following stipulations and as approved by the Planning and
Development Department.
2. The maximum building height shall be 1-story and 16 feet, measured to the peak
of the roof.
3. Improved open space areas shall be shaded by a structure, landscaping at
maturity, or a combination of the two to provide minimum 75% shade, as shown
on a shading study, as approved by the Planning and Development Department.
4. Landscape areas within retention areas and open space areas shall be planted
with shrubs, accents and vegetative groundcovers to provide a minimum of 75%
live coverage at maturity, as approved by the Planning and Development
Department.
5. A minimum of two shaded active recreation amenities, such as a tot lot, picnic
area, seating feature, garden amenity, or similar amenity, shall be provided
within the open space area, as approved by the Planning and Development
Department.
6. A minimum of five bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near improved open space areas and installed per
the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.
7. The perimeter landscape setback adjacent to the public street shall be planted to
the following standards, as approved by the Planning and Development
Department.
a. Minimum 50% 2-inch caliper and 50% 3-inch caliper, large canopy,
drought-tolerant shade trees, planted 20 feet on center or in equivalent
groupings.
b. Shrubs, accents, and vegetative groundcovers to provide a minimum of
75% live coverage at maturity.
8. The developer shall construct a minimum 5-foot-wide detached sidewalk and a
minimum 5-foot-wide landscape strip between the back of curb and sidewalk
Page 548
along the east side of 34th Street, planted to the following standards and as
approved by the Planning and Development Department.
a. Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk
shade trees planted 20 feet on center or in equivalent groupings.
b. Drought-tolerant shrubs, accents and vegetative groundcovers to
achieve a minimum of 75% live coverage at maturity.
Where utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
9. The developer shall dedicate a sidewalk easement for any streetscape area
(detached sidewalk and landscape strip) that falls outside of dedicated right-of-
way along the east side of 34th Street, as approved by the Planning and
Development Department.
10. The developer shall construct a minimum 5-foot-wide detached sidewalk and a
minimum 5-foot-wide landscape strip between the back of curb and sidewalk for
internal public and/or private sidewalks within the development, including along
the perimeter of Tract B and Tract C, as depicted on the site plan date stamped
December 20, 2022, planted to the following standards and as approved by the
Planning and Development Department.
a. Minimum 2-inch caliper drought-tolerant, large canopy, single-trunk
shade trees planted 20 feet on center or in equivalent groupings.
b. Drought tolerant shrubs, accents, and vegetative groundcovers to
achieve a minimum of 75% live coverage at maturity.
Where utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
11. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
12. A Red Border Letter shall be submitted to the Arizona Department of
Transportation (ADOT) for this development.
13. The property owner shall record documents that disclose the existence, and
operational characteristics of the Deer Valley Airport (DVT) to future owners or
Page 549
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been reviewed
and approved by the City Attorney.
14. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
15. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder’s Office and delivered to the City to be included in the rezoning
application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
Page 550
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
Page 551
EXHIBIT A
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN PHOENIX, IN THE
COUNTY OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
That part of the North Half of the Southwest Quarter of the Northeast Quarter of the
Southwest Quarter of Section 1, Township 3 North, Range 3 East of the Gila and Salt
River Meridian, Maricopa County, Arizona, more particularly described as follows:
COMMENCING at the Northwest Corner of said North Half of the Southwest Quarter of
the Northeast Quarter of the Southwest Quarter of Section 1, being the Southwest
Corner of the Villa Addante Subdivision shown on the Final Plat, recorded in Book 301
of Maps, Page 3, Maricopa County Records, found, marked with a Brass Cap flush with
the pavement;
Thence South 89 degrees 36 minutes 03 seconds East South 89 degrees 14 minutes
35 seconds East (Record), along the Northerly line of said North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 1, being the
Southerly line of said Villa Addante Subdivision, a distance of 275.00 feet to the POINT
OF BEGINNING;
Thence continuing South 89 degrees 36 minutes 03 seconds East South 89 degrees 14
minutes 35 seconds East (Record) along said line, a distance of 385.43 feet to the
Northeast Corner of said North Half of the Southwest Quarter of the Northeast Quarter
of the Southwest Quarter of Section 1, being a Northwesterly Corner of the Bella Terra
Subdivision shown on the Final Plat, recorded in Book 200 of Maps, Page 12, Maricopa
County Records;
Thence South 00 degrees 40 minutes 46 seconds East South 00 degrees 28 minutes
32 seconds East (Record), departing said Northerly line and along the East line of said
North Half of the Southwest Quarter of the Northeast Quarter of the Southwest Quarter
of Section 1, also being the Westerly line of said Bella Terra Subdivision, a distance of
327.05 feet to the Southeast Corner of said North Half of the Southwest Quarter of the
Northeast Corner of the Southwest Quarter of Section 1, being a Northwesterly Corner
of said Bella Terra Subdivision;
Thence North 89 degrees 40 minutes 41 seconds West North 89 degrees 27 minutes
46 seconds West (Record), along the South line of said North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 1, also being the
Northerly line of said Bella Terra Subdivision, a distance of 635.44 feet to a point on a
line which is parallel with and 25 feet Easterly, as measured at right angles, from the
West line of said North Half of the Southwest Quarter of the Northeast Quarter of the
Southwest Quarter of Section 1, being a Northwesterly Corner of said Bella Terra
Subdivision;
Page 552
Thence North 00 degrees 40 minutes 34 seconds West, along said parallel line, a
distance of 160.02 feet to a point on a line which is parallel with an 160 feet Northerly,
as measured at right angles, from said South line of the North Half of the Southwest
Quarter of the Northeast Quarter of the Southwest Quarter of Section 01 and Northerly
line of said Terra Bella Subdivision;
Thence South 89 degrees 40 minutes 41 seconds East, along said parallel line, a
distance of 246.85 feet;
Thence North 00 degrees 23 minutes 57 seconds East, departing said parallel line, a
distance of 167.51 feet to the POINT OF BEGINNING.
APN: 214-35-011C
Page 553
Page 554
Report
Supporting documents
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View on Agenda Online ↗
Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-90-22-4 -
Approximately 420 Feet North of the Northwest Corner of 18th Place and
Thomas Road (Ordinance G-7108)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) to R-4A (Multifamily Residence - General) to
allow multifamily residential.
Summary
Current Zoning: R1-6
Proposed Zoning: R-4A
Acreage: 1.63 acres
Proposed Use: Multifamily residential
Owner: East Phoenix Church of God, et al.
Applicant: Brinshore Development, LLC
Representative: Sender Associates
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on March 6,
2023, and recommended approval, per the staff recommendation, with a modification,
by a vote of 17-0.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Encanto Village Planning Committee recommendation
with a modification and additional stipulations, by a vote of 5-0.
Location
Approximately 420 feet north of the northwest corner of 18th Place and Thomas Road
Council District: 4
Parcel Address: 2938, 2940, and 2945 N. 18th Place
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 555
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-90-22-4) FROM R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT TO R-4A (MULTIFAMILY RESIDENCE - GENERAL).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.63-acre site located approximately 420 feet
north of the northwest corner of 18th Place and Thomas Road in a portion of Section
27, Township 2 North, Range 3 East, as described more specifically in Exhibit “A,” is
hereby changed from “R1-6” (Single-Family Residence District) to “R-4A” (Multifamily
Residence - General).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 556
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development shall be limited to a maximum height of 30 feet within 50
feet of the north and west property lines.
2. A minimum 15-foot-wide landscape setback with two offset rows of minimum
2-inch caliper shade trees shall be placed 20 feet on center or in equivalent
groupings along the north property line exclusive of the areas within 10 feet
of a public utility, as approved by the Planning and Development
Department.
3. An 8-foot-wide average landscape setback with minimum 2-inch caliper
shade trees shall be placed 20 feet on center or in equivalent groupings
along the east property line, as approved by the Planning and Development
Department. The property owner shall coordinate with the adjacent property
to the east to reach a mutually agreeable design solution for the landscape
plan and boundary wall on the east property line.
4. The developer shall incorporate bicycle infrastructure as described below
and as approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
and located either near the primary entrance to the building or within the
building. If outside, the bicycle parking shall be in secure facilities or be
installed per the requirements of Section 1307.H of the Phoenix Zoning
Ordinance.
b. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility to residents.
5. The developer shall dedicate right-of-way to construct a 50-foot right-of-way
if reconstructed as depicted on the site plan dated November 09, 2022, as
approved by the Planning and Development Department.
6. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
7. If determined necessary by the Phoenix Archaeology Office, the applicant
shall conduct Phase I data testing and submit an archaeological survey
report of the development area for review and approval by the City
Archaeologist prior to clearing and grubbing, landscape salvage, and/or
grading approval.
Page 557
8. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary,
the applicant shall conduct Phase II archaeological data recovery
excavations.
9. In the event archaeological materials are encountered during construction,
the developer shall immediately cease all ground-disturbing activities within
a 33-foot radius of the discovery, notify the City Archaeologist, and allow
time for the Archaeology Office to properly assess the materials.
10. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included
in the rezoning application file for record.
11. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
12. The property owner shall record documents that disclose the existence, and
operational characteristics of helipads at Phoenix Children’s Hospital and
Abrazo Arizona Heart Hospital to future owners the property. Additionally,
lease documents shall explicitly disclose this information to future tenants of
the property.
13. The sidewalk shall connect to the adjacent sidewalk on the west side of 18th
place, as approved by the Planning and Development Department.
14. The property owner shall work with the Street Transportation Department to
include a traffic calming feature or a crosswalk for greater safety in crossing
18th Place.
15. Windows on the east building elevation within 20 feet of the east property
line shall have minimum 5-foot base sill height.
16. Outdoor stairs within 20 feet of the east property line shall be enclosed, as
approved by the Planning and Development Department.
17. The developer shall comply with HUD standards outlined in 24 CFR 51.4
Subpart B regarding noise abatement and control and will provide all
applicable documentation of compliance prior to final site plan approval.
Page 558
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May,
2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (4 Pages)
B – Ordinance Location Map (1 Page)
Page 559
EXHIBIT A
Legal Description APN 119-34-010
The Land referred to herein below is situated in the County of Maricopa, State of
Arizona, and is described as follows:
That part of the Southeast quarter of the Southwest quarter of Section 27, Township 2
North, Range 3 East of the Gila
and Salt River Base and Meridian, described as follows:
BEGINNING at a point North 00 degrees 02 minutes 30 seconds East a distance of
451.50 feet from a point which is
994.10 feet West of the South quarter corner of said Section 27;
Thence West, a distance of 144.07 feet;
Thence North 00 degrees 80 minutes East, a distance of 44.74 feet;
Thence East, a distance of 143.63 feet to a point which is North 00 degrees 02 minutes
30 seconds East a distance of
44.75 feet from the point of beginning;
Thence South 00 degrees 02 minutes 30 seconds West, a distance of 44.75 feet to the
TRUE POINT OF BEGINNING.
APN: 119-34-010
Legal Description APNS 119-34-019, -031G, -031H, -035
PARCEL NO. 1:
BEGINNING at a point 994.10 feet West and 541.00 feet North 00 degrees 02 minutes
30 seconds East from the
South quarter corner of Section 27, Township 2 North, Range 3 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 89.50 feet;
Thence West, a distance of 142.70 feet;
Thence South 00 degrees 30 minutes West, a distance of 89.50 feet;
Thence East, a distance of 143.39 feet to the POINT OF BEGINNING.
PARCEL NO. 2:
Page 560
That part of the Southeast quarter of the Southwest quarter of Section 27, Township 2
North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona, described as follows:
BEGINNING at a point 994.10 feet West and 630.50 feet North 00 degrees 02 minutes
30 seconds East from the
South quarter corner of said Section 27;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 89.50 feet;
Thence West, a distance of 142.00 feet;
Thence South 00 degrees 30 minutes West, a distance of 89.50 feet;
Thence East, a distance of 142.70 feet to POINT OF BEGINNING;
EXCEPT therefrom the North 8.00 feet.
PARCEL NO. 3:
That part of 18th Place, abandoned by Resolution recorded in Docket 6925, Page 957,
records of Maricopa
County, Arizona, being part of the Southwest quarter of Section 27, Township 2 North,
Range 3 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, lying South of the South
line of URBANDALE,
according to Book 37 of Maps, Page 1, records of Maricopa County, Arizona, and lying
North of the line described as follows:
Beginning at a point on the center line of 18th Place which is 607.84 feet North from the
intersection of said center line with the South line of the Southwest quarter of said
Section 27;
Thence East at right angles to said center line a distance of 12.00 feet to the center of a
circular curve concave
Southerly having a radius of 37.00 feet;
Thence Northeasterly a distance of 37.00 feet to the intersection of said curve with the
East right-of-way line of
18th Place, the point of said intersection being the TRUE POINT OF BEGINNING of the
line described herein;
Thence Westerly along the arc of said curve, to a line parallel with 17.31 feet West of
the center line of 18th
Place;
Thence West at right angles to said line, a distance of 7.69 feet to the West right-of-way
line of 18th Place and the TERMINUS of the line described herein;
Page 561
EXCEPT the North 8.00 feet thereof.
PARCEL NO. 4:
Those portions of the Southeast quarter of the Southwest quarter of Section 27,
Township 2 North, Range 3 East
of the Gila and Salt River Base arid Meridian, Maricopa County, Arizona, described as
Tracts 1 and 2, as follows:
TRACT 1:
BEGINNING at a point which bears West 796.60 feet and North 00 degrees 25 minutes
West 571.50 feet from the South quarter corner of said Section 27;
Thence West, a distance of 143.15 feet;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 60.00 feet;
Thence East, a distance of 142.69 feet;
Thence South 00 degrees 25 minutes East, a distance of 60.00 feet to the POINT OF
BEGINNING; and
TRACT 2:
BEGINNING at a point which bears West 796.60 feet and North 00 degrees 25 minutes
West, a distance of
631.50 feet from the South quarter corner of said Section 27;
Thence West, a distance of 142.69 feet;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 88.50 feet;
Thence East, a distance of 142.00 feet;
Thence South 00 degrees 25 minutes East, a distance of 88.50 feet to tine POINT OF
BEGINNING;
EXCEPTING from said TRACTS 1 and 2, the following:
BEGINNING at a point on the center line of 18th Place which is 607.84 feet North of the
intersection of said center line with the South line of the Southwest quarter of said
Section 27, the right-of-way for said 18th Place having been conveyed to Maricopa
County for public highway purposes by Warranty Deed recorded in Book 364 of Deeds,
Page 353, records of Maricopa County, Arizona;
Thence East at right angles to said center line, a distance of 12.00 feet to the central
point of a circular curve
concave to the West and having a radius of 37.00 feet;
Page 562
Thence Northeasterly, a distance of 37.00 feet to the intersection of said curve with the
East right-of-way of 18th Place, the point of said intersection being the TRUE POINT OF
BEGINNING of the parcel of land described
herein;
Thence Southeasterly, Southerly and Southwesterly, along the arc of said curve,
through a central angle of 130
degrees 00 minutes 32 seconds, a distance of 83.96 feet to a point of reverse curvature;
Thence to the left, along the arc of a circular curve having a radius of 20.00 feet, the
East right-of-way line of said 18th Place;
Thence North along said East right-of-way line to the TRUE POINT OF BEGINNING;
and further;
EXCEPTING:
BEGINNING at a point 796.60 feet West and 33.00 feet North from the South quarter
corner of said Section 27;
Thence North 00 degrees 22 minutes 00 seconds East, a distance of 687.00 feet;
Thence West, a distance of 9.84 feet;
Thence South 00 degrees 25 minutes 00 seconds East, a distance of 148.50 feet;
Thence East, a distance of 7.81 feet;
Thence Southeasterly, in a straight line to the POINT OF BEGINNING.
Parcel No. 5
That part of the Southeast quarter of the Southwest quarter of Section 27, Township 2
North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona, described as follows:
BEGINNING at a point North 00 degrees 04 minutes 30 seconds East 496.00 feet from
a point which is 994.10
feet West of the South quarter corner of said Section 27;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 44.75 feet;
Thence West, a distance of 143.39 feet;
Thence South 00 degrees 30 minutes West, a distance of 44.75 feet;
Thence East, a distance of 143.63 feet, more or less, to THE POINT OF BEGINNING.
Page 563
Page 564
Report
Approximately 420 Feet North of the Northwest Corner of 18th Place and
Thomas Road (Ordinance G-7108)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) to R-4A (Multifamily Residence - General) to
allow multifamily residential.
Summary
Current Zoning: R1-6
Proposed Zoning: R-4A
Acreage: 1.63 acres
Proposed Use: Multifamily residential
Owner: East Phoenix Church of God, et al.
Applicant: Brinshore Development, LLC
Representative: Sender Associates
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on March 6,
2023, and recommended approval, per the staff recommendation, with a modification,
by a vote of 17-0.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Encanto Village Planning Committee recommendation
with a modification and additional stipulations, by a vote of 5-0.
Location
Approximately 420 feet north of the northwest corner of 18th Place and Thomas Road
Council District: 4
Parcel Address: 2938, 2940, and 2945 N. 18th Place
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 555
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-90-22-4) FROM R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT TO R-4A (MULTIFAMILY RESIDENCE - GENERAL).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.63-acre site located approximately 420 feet
north of the northwest corner of 18th Place and Thomas Road in a portion of Section
27, Township 2 North, Range 3 East, as described more specifically in Exhibit “A,” is
hereby changed from “R1-6” (Single-Family Residence District) to “R-4A” (Multifamily
Residence - General).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 556
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development shall be limited to a maximum height of 30 feet within 50
feet of the north and west property lines.
2. A minimum 15-foot-wide landscape setback with two offset rows of minimum
2-inch caliper shade trees shall be placed 20 feet on center or in equivalent
groupings along the north property line exclusive of the areas within 10 feet
of a public utility, as approved by the Planning and Development
Department.
3. An 8-foot-wide average landscape setback with minimum 2-inch caliper
shade trees shall be placed 20 feet on center or in equivalent groupings
along the east property line, as approved by the Planning and Development
Department. The property owner shall coordinate with the adjacent property
to the east to reach a mutually agreeable design solution for the landscape
plan and boundary wall on the east property line.
4. The developer shall incorporate bicycle infrastructure as described below
and as approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
and located either near the primary entrance to the building or within the
building. If outside, the bicycle parking shall be in secure facilities or be
installed per the requirements of Section 1307.H of the Phoenix Zoning
Ordinance.
b. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility to residents.
5. The developer shall dedicate right-of-way to construct a 50-foot right-of-way
if reconstructed as depicted on the site plan dated November 09, 2022, as
approved by the Planning and Development Department.
6. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
7. If determined necessary by the Phoenix Archaeology Office, the applicant
shall conduct Phase I data testing and submit an archaeological survey
report of the development area for review and approval by the City
Archaeologist prior to clearing and grubbing, landscape salvage, and/or
grading approval.
Page 557
8. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary,
the applicant shall conduct Phase II archaeological data recovery
excavations.
9. In the event archaeological materials are encountered during construction,
the developer shall immediately cease all ground-disturbing activities within
a 33-foot radius of the discovery, notify the City Archaeologist, and allow
time for the Archaeology Office to properly assess the materials.
10. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included
in the rezoning application file for record.
11. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
12. The property owner shall record documents that disclose the existence, and
operational characteristics of helipads at Phoenix Children’s Hospital and
Abrazo Arizona Heart Hospital to future owners the property. Additionally,
lease documents shall explicitly disclose this information to future tenants of
the property.
13. The sidewalk shall connect to the adjacent sidewalk on the west side of 18th
place, as approved by the Planning and Development Department.
14. The property owner shall work with the Street Transportation Department to
include a traffic calming feature or a crosswalk for greater safety in crossing
18th Place.
15. Windows on the east building elevation within 20 feet of the east property
line shall have minimum 5-foot base sill height.
16. Outdoor stairs within 20 feet of the east property line shall be enclosed, as
approved by the Planning and Development Department.
17. The developer shall comply with HUD standards outlined in 24 CFR 51.4
Subpart B regarding noise abatement and control and will provide all
applicable documentation of compliance prior to final site plan approval.
Page 558
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May,
2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (4 Pages)
B – Ordinance Location Map (1 Page)
Page 559
EXHIBIT A
Legal Description APN 119-34-010
The Land referred to herein below is situated in the County of Maricopa, State of
Arizona, and is described as follows:
That part of the Southeast quarter of the Southwest quarter of Section 27, Township 2
North, Range 3 East of the Gila
and Salt River Base and Meridian, described as follows:
BEGINNING at a point North 00 degrees 02 minutes 30 seconds East a distance of
451.50 feet from a point which is
994.10 feet West of the South quarter corner of said Section 27;
Thence West, a distance of 144.07 feet;
Thence North 00 degrees 80 minutes East, a distance of 44.74 feet;
Thence East, a distance of 143.63 feet to a point which is North 00 degrees 02 minutes
30 seconds East a distance of
44.75 feet from the point of beginning;
Thence South 00 degrees 02 minutes 30 seconds West, a distance of 44.75 feet to the
TRUE POINT OF BEGINNING.
APN: 119-34-010
Legal Description APNS 119-34-019, -031G, -031H, -035
PARCEL NO. 1:
BEGINNING at a point 994.10 feet West and 541.00 feet North 00 degrees 02 minutes
30 seconds East from the
South quarter corner of Section 27, Township 2 North, Range 3 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 89.50 feet;
Thence West, a distance of 142.70 feet;
Thence South 00 degrees 30 minutes West, a distance of 89.50 feet;
Thence East, a distance of 143.39 feet to the POINT OF BEGINNING.
PARCEL NO. 2:
Page 560
That part of the Southeast quarter of the Southwest quarter of Section 27, Township 2
North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona, described as follows:
BEGINNING at a point 994.10 feet West and 630.50 feet North 00 degrees 02 minutes
30 seconds East from the
South quarter corner of said Section 27;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 89.50 feet;
Thence West, a distance of 142.00 feet;
Thence South 00 degrees 30 minutes West, a distance of 89.50 feet;
Thence East, a distance of 142.70 feet to POINT OF BEGINNING;
EXCEPT therefrom the North 8.00 feet.
PARCEL NO. 3:
That part of 18th Place, abandoned by Resolution recorded in Docket 6925, Page 957,
records of Maricopa
County, Arizona, being part of the Southwest quarter of Section 27, Township 2 North,
Range 3 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, lying South of the South
line of URBANDALE,
according to Book 37 of Maps, Page 1, records of Maricopa County, Arizona, and lying
North of the line described as follows:
Beginning at a point on the center line of 18th Place which is 607.84 feet North from the
intersection of said center line with the South line of the Southwest quarter of said
Section 27;
Thence East at right angles to said center line a distance of 12.00 feet to the center of a
circular curve concave
Southerly having a radius of 37.00 feet;
Thence Northeasterly a distance of 37.00 feet to the intersection of said curve with the
East right-of-way line of
18th Place, the point of said intersection being the TRUE POINT OF BEGINNING of the
line described herein;
Thence Westerly along the arc of said curve, to a line parallel with 17.31 feet West of
the center line of 18th
Place;
Thence West at right angles to said line, a distance of 7.69 feet to the West right-of-way
line of 18th Place and the TERMINUS of the line described herein;
Page 561
EXCEPT the North 8.00 feet thereof.
PARCEL NO. 4:
Those portions of the Southeast quarter of the Southwest quarter of Section 27,
Township 2 North, Range 3 East
of the Gila and Salt River Base arid Meridian, Maricopa County, Arizona, described as
Tracts 1 and 2, as follows:
TRACT 1:
BEGINNING at a point which bears West 796.60 feet and North 00 degrees 25 minutes
West 571.50 feet from the South quarter corner of said Section 27;
Thence West, a distance of 143.15 feet;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 60.00 feet;
Thence East, a distance of 142.69 feet;
Thence South 00 degrees 25 minutes East, a distance of 60.00 feet to the POINT OF
BEGINNING; and
TRACT 2:
BEGINNING at a point which bears West 796.60 feet and North 00 degrees 25 minutes
West, a distance of
631.50 feet from the South quarter corner of said Section 27;
Thence West, a distance of 142.69 feet;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 88.50 feet;
Thence East, a distance of 142.00 feet;
Thence South 00 degrees 25 minutes East, a distance of 88.50 feet to tine POINT OF
BEGINNING;
EXCEPTING from said TRACTS 1 and 2, the following:
BEGINNING at a point on the center line of 18th Place which is 607.84 feet North of the
intersection of said center line with the South line of the Southwest quarter of said
Section 27, the right-of-way for said 18th Place having been conveyed to Maricopa
County for public highway purposes by Warranty Deed recorded in Book 364 of Deeds,
Page 353, records of Maricopa County, Arizona;
Thence East at right angles to said center line, a distance of 12.00 feet to the central
point of a circular curve
concave to the West and having a radius of 37.00 feet;
Page 562
Thence Northeasterly, a distance of 37.00 feet to the intersection of said curve with the
East right-of-way of 18th Place, the point of said intersection being the TRUE POINT OF
BEGINNING of the parcel of land described
herein;
Thence Southeasterly, Southerly and Southwesterly, along the arc of said curve,
through a central angle of 130
degrees 00 minutes 32 seconds, a distance of 83.96 feet to a point of reverse curvature;
Thence to the left, along the arc of a circular curve having a radius of 20.00 feet, the
East right-of-way line of said 18th Place;
Thence North along said East right-of-way line to the TRUE POINT OF BEGINNING;
and further;
EXCEPTING:
BEGINNING at a point 796.60 feet West and 33.00 feet North from the South quarter
corner of said Section 27;
Thence North 00 degrees 22 minutes 00 seconds East, a distance of 687.00 feet;
Thence West, a distance of 9.84 feet;
Thence South 00 degrees 25 minutes 00 seconds East, a distance of 148.50 feet;
Thence East, a distance of 7.81 feet;
Thence Southeasterly, in a straight line to the POINT OF BEGINNING.
Parcel No. 5
That part of the Southeast quarter of the Southwest quarter of Section 27, Township 2
North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona, described as follows:
BEGINNING at a point North 00 degrees 04 minutes 30 seconds East 496.00 feet from
a point which is 994.10
feet West of the South quarter corner of said Section 27;
Thence North 00 degrees 02 minutes 30 seconds East, a distance of 44.75 feet;
Thence West, a distance of 143.39 feet;
Thence South 00 degrees 30 minutes West, a distance of 44.75 feet;
Thence East, a distance of 143.63 feet, more or less, to THE POINT OF BEGINNING.
Page 563
Page 564
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-80-22-5 -
Northwest Corner of 15th Avenue and Montebello Avenue (Ordinance G-7109)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
PSC TOD-1 (Planned Shopping Center, Interim-Transit Oriented Zoning Overlay
District One) to WU Code T5:5 SL (Walkable Urban Code, Transect 5:5 District, Transit
Solano Character Area) to allow multifamily residential.
Summary
Current Zoning: PSC TOD-1
Proposed Zoning: WU Code T5:5 SL
Acreage: 12.15 acres
Proposal: Multifamily residential
Owner: Christown1755, LLC
Applicant/Representative: Taylor C. Earl, Earl and Curley, P.C.
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case on Feb. 28,
2023, and recommended approval, per staff recommendation with modifications, by a
vote of 11-1.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Alhambra Village Planning Committee
recommendation with a modification, by a vote of 5-0.
Location
Northwest corner of 15th Avenue and Montebello Avenue
Council District: 5
Parcel Address: Various
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 565
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-80-22-5) FROM PSC TOD-1 (PLANNED SHOPPING
CENTER, INTERIM-TRANSIT ORIENTED ZONING OVERLAY
DISTRICT ONE) TO WU CODE T5:5 SL (WALKABLE URBAN
CODE, TRANSECT 5:5 DISTRICT, TRANSIT SOLANO
CHARACTER AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 12.15-acre site located at the northwest
corner of 15th Avenue and Montebello Avenue in a portion of Section 18, Township 2
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed
from “PSC TOD-1” (Planned Shopping Center, Interim-Transit Oriented Zoning Overlay
District One) to “WU Code T5:5 SL” (Walkable Urban Code, Transect 5:5 District,
Transit Solano Character Area).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
Page 566
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. A building stepback regime shall be implemented along 15th Avenue as follows:
a. No structure taller than 24 feet or two stories shall be permitted within 60
feet of the 15th Avenue right-of-way line.
b. No structure taller than 36 feet or three stories shall be permitted within
150 feet of the 15th Avenue right-of-way line.
c. No structure taller than 48 feet or four stories shall be permitted within
210 feet of the 15th Avenue right-of-way line.
d. Maximum building height permitted under Walkable Urban Code T5:5
shall be permitted beyond 210 feet of the 15th Avenue right-of-way line.
2. A minimum 10,000 square foot public open space area shall be provided nearby
the Montebello Avenue streetscape and/or the 15th Avenue streetscape, as
approved by the Planning and Development Department.
3. A minimum of two north to south oriented paseos per Section 1304.H of the
Zoning Ordinance shall be provided, one of which shall be generally aligned with
the movie theater and the back entrance of the indoor mall, as approved by the
Planning and Development Department.
4. The developer shall construct a minimum 6-foot-wide sidewalk and minimum 7-
foot-wide landscape strip located between the back of curb and sidewalk along
the north side of Montebello Avenue and the west side of 15th Avenue, as
approved by the Planning and Development Department.
5. On-site pedestrian pathways shall be shaded to 50% by vegetative methods, as
approved by the Planning and Development Department.
6. The developer shall deposit $200,000.00 in an escrow account to the Street
Transportation Department to fund a pedestrian crossing of Montebello Avenue
between15th and 17th Avenue, prior to final site plan approval during the
second phase of development. Improvements may consist of additional curb,
traffic control devices, signing and striping or as otherwise approved by the
Street Transportation Department. If the funds are not used after 5 years of
certificate of occupancy for the second phase, the developer may request that
the funds be returned from the Street Transportation Department.
Page 567
7. The developer shall construct a minimum 6-foot-wide concrete raised bike lane,
separated from the pedestrian sidewalk by a landscape strip, along the north
side of Montebello Avenue to delineate vehicular and bicycle traffic extending
from 15th Avenue to 17th Avenue during phase two of development, as
approved by the Street Transportation Department.
8. The developer shall dedicate a minimum 8-foot-wide sidewalk easement along
the north side of Montebello Avenue, as approved by the Planning and
Development Department.
9. The developer shall replenish the existing streetscape along 15th Avenue with
shade trees, as approved by the Planning and Development Department.
10. The applicant shall submit a Traffic Impact Study to the City for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the City.
11. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
12. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. All required bicycle parking for multifamily use, per Section 1307.H.6.d of the
Phoenix Zoning Ordinance, shall be secured parking.
b. Guest bicycle parking for multifamily residential use shall be provided at a
minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section 1307.H.
of the Phoenix Zoning Ordinance.
c. A bicycle repair station (“fix it station”) shall be provided and maintained by
the developer near a secure bicycle parking area.
13. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
14. A minimum of one milkweed shrub, or other native nectar species, shall be
planted for every required tree in addition to the required shrubs, and shall be
planted in groups of three or more, as approved by the Planning and
Development Department.
Page 568
15. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder's Office and delivered to the City to be included in the rezoning
application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Page 569
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
Page 570
EXHIBIT A
A PORTION OF THAT PARCEL DESCRIBED IN THE SPECIAL WARRANTY DEED
RECORDED AS DOCUMENT NUMBER 2015-0847552, RECORDS OF MARICOPA
COUNTY, ARIZONA, RESIDING IN THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 2 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18, FROM
WHICH THE NORTHWEST QUARTER BEARS NORTH 90 DEGREES 00 MINUTES
00 SECONDS WEST, A DISTANCE OF 2,606.33 FEET, MORE OR LESS;
THENCE SOUTH 00 DEGREES 45 MINUTES 24 SECONDS EAST, ALONG THE
NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 18, BEING THE
MONUMENT LINE OF 15TH AVENUE, A DISTANCE OF 1,001.40 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00 DEGREES 45 MINUTES 24 SECONDS EAST, A
DISTANCE OF 334.30 FEET TO THE CENTERLINE OF MONTEBELLO AVENUE;
THENCE ALONG SAID MONTEBELLO AVENUE CENTERLINE, SOUTH 89
DEGREES 59 MINUTES 00 SECONDS WEST, A DISTANCE OF 193.31 FEET TO A
POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 305.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 48 DEGREES 52 MINUTES 40 SECONDS, A DISTANCE OF
260.19 FEET;
THENCE SOUTH 41 DEGREES 06 MINUTES 20 SECONDS WEST, A DISTANCE OF
99.98 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 305.00
FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 48 DEGREES 52 MINUTES 28 SECONDS, A DISTANCE OF
260.17 FEET;
THENCE SOUTH 89 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
611.21 FEET;
THENCE DEPARTING THE CENTERLINE OF MONTEBELLOW AVENUE, NORTH 00
DEGREES 01 MINUTE 12 SECONDS WEST, A DISTANCE OF 349.26 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
470.04 FEET;
THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST, A DISTANCE OF
155.00 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
Page 571
3.00 FEET;
THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST, A DISTANCE OF
36.10 FEET;
THENCE NORTH 32 DEGREES 57 MINUTES 06 SECONDS EAST, A DISTANCE OF
31.32 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 01 SECONDS EAST, A DISTANCE OF
379.28 FEET;
THENCE NORTH 87 DEGREES 05 MINUTES 25 SECONDS EAST, A DISTANCE OF
108.55 FEET;
THENCE NORTH 87 DEGREES 14 MINUTES 16 SECONDS EAST, A DISTANCE OF
247.29 FEET;
THENCE NORTH 00 DEGREES 43 MINUTES 32 SECONDS WEST, A DISTANCE OF
33.13 FEET;
THENCE NORTH 89 DEGREES 13 MINUTES 29 SECONDS EAST, A DISTANCE OF
101.13 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 529,129 SQUARE FEET OR 12.147 ACRES, MORE OR
LESS.
Page 572
Page 573
Report
Northwest Corner of 15th Avenue and Montebello Avenue (Ordinance G-7109)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
PSC TOD-1 (Planned Shopping Center, Interim-Transit Oriented Zoning Overlay
District One) to WU Code T5:5 SL (Walkable Urban Code, Transect 5:5 District, Transit
Solano Character Area) to allow multifamily residential.
Summary
Current Zoning: PSC TOD-1
Proposed Zoning: WU Code T5:5 SL
Acreage: 12.15 acres
Proposal: Multifamily residential
Owner: Christown1755, LLC
Applicant/Representative: Taylor C. Earl, Earl and Curley, P.C.
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case on Feb. 28,
2023, and recommended approval, per staff recommendation with modifications, by a
vote of 11-1.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Alhambra Village Planning Committee
recommendation with a modification, by a vote of 5-0.
Location
Northwest corner of 15th Avenue and Montebello Avenue
Council District: 5
Parcel Address: Various
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 565
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-80-22-5) FROM PSC TOD-1 (PLANNED SHOPPING
CENTER, INTERIM-TRANSIT ORIENTED ZONING OVERLAY
DISTRICT ONE) TO WU CODE T5:5 SL (WALKABLE URBAN
CODE, TRANSECT 5:5 DISTRICT, TRANSIT SOLANO
CHARACTER AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 12.15-acre site located at the northwest
corner of 15th Avenue and Montebello Avenue in a portion of Section 18, Township 2
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed
from “PSC TOD-1” (Planned Shopping Center, Interim-Transit Oriented Zoning Overlay
District One) to “WU Code T5:5 SL” (Walkable Urban Code, Transect 5:5 District,
Transit Solano Character Area).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
Page 566
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. A building stepback regime shall be implemented along 15th Avenue as follows:
a. No structure taller than 24 feet or two stories shall be permitted within 60
feet of the 15th Avenue right-of-way line.
b. No structure taller than 36 feet or three stories shall be permitted within
150 feet of the 15th Avenue right-of-way line.
c. No structure taller than 48 feet or four stories shall be permitted within
210 feet of the 15th Avenue right-of-way line.
d. Maximum building height permitted under Walkable Urban Code T5:5
shall be permitted beyond 210 feet of the 15th Avenue right-of-way line.
2. A minimum 10,000 square foot public open space area shall be provided nearby
the Montebello Avenue streetscape and/or the 15th Avenue streetscape, as
approved by the Planning and Development Department.
3. A minimum of two north to south oriented paseos per Section 1304.H of the
Zoning Ordinance shall be provided, one of which shall be generally aligned with
the movie theater and the back entrance of the indoor mall, as approved by the
Planning and Development Department.
4. The developer shall construct a minimum 6-foot-wide sidewalk and minimum 7-
foot-wide landscape strip located between the back of curb and sidewalk along
the north side of Montebello Avenue and the west side of 15th Avenue, as
approved by the Planning and Development Department.
5. On-site pedestrian pathways shall be shaded to 50% by vegetative methods, as
approved by the Planning and Development Department.
6. The developer shall deposit $200,000.00 in an escrow account to the Street
Transportation Department to fund a pedestrian crossing of Montebello Avenue
between15th and 17th Avenue, prior to final site plan approval during the
second phase of development. Improvements may consist of additional curb,
traffic control devices, signing and striping or as otherwise approved by the
Street Transportation Department. If the funds are not used after 5 years of
certificate of occupancy for the second phase, the developer may request that
the funds be returned from the Street Transportation Department.
Page 567
7. The developer shall construct a minimum 6-foot-wide concrete raised bike lane,
separated from the pedestrian sidewalk by a landscape strip, along the north
side of Montebello Avenue to delineate vehicular and bicycle traffic extending
from 15th Avenue to 17th Avenue during phase two of development, as
approved by the Street Transportation Department.
8. The developer shall dedicate a minimum 8-foot-wide sidewalk easement along
the north side of Montebello Avenue, as approved by the Planning and
Development Department.
9. The developer shall replenish the existing streetscape along 15th Avenue with
shade trees, as approved by the Planning and Development Department.
10. The applicant shall submit a Traffic Impact Study to the City for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the City.
11. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
12. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. All required bicycle parking for multifamily use, per Section 1307.H.6.d of the
Phoenix Zoning Ordinance, shall be secured parking.
b. Guest bicycle parking for multifamily residential use shall be provided at a
minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section 1307.H.
of the Phoenix Zoning Ordinance.
c. A bicycle repair station (“fix it station”) shall be provided and maintained by
the developer near a secure bicycle parking area.
13. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
14. A minimum of one milkweed shrub, or other native nectar species, shall be
planted for every required tree in addition to the required shrubs, and shall be
planted in groups of three or more, as approved by the Planning and
Development Department.
Page 568
15. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder's Office and delivered to the City to be included in the rezoning
application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Page 569
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
Page 570
EXHIBIT A
A PORTION OF THAT PARCEL DESCRIBED IN THE SPECIAL WARRANTY DEED
RECORDED AS DOCUMENT NUMBER 2015-0847552, RECORDS OF MARICOPA
COUNTY, ARIZONA, RESIDING IN THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 2 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18, FROM
WHICH THE NORTHWEST QUARTER BEARS NORTH 90 DEGREES 00 MINUTES
00 SECONDS WEST, A DISTANCE OF 2,606.33 FEET, MORE OR LESS;
THENCE SOUTH 00 DEGREES 45 MINUTES 24 SECONDS EAST, ALONG THE
NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 18, BEING THE
MONUMENT LINE OF 15TH AVENUE, A DISTANCE OF 1,001.40 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00 DEGREES 45 MINUTES 24 SECONDS EAST, A
DISTANCE OF 334.30 FEET TO THE CENTERLINE OF MONTEBELLO AVENUE;
THENCE ALONG SAID MONTEBELLO AVENUE CENTERLINE, SOUTH 89
DEGREES 59 MINUTES 00 SECONDS WEST, A DISTANCE OF 193.31 FEET TO A
POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 305.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 48 DEGREES 52 MINUTES 40 SECONDS, A DISTANCE OF
260.19 FEET;
THENCE SOUTH 41 DEGREES 06 MINUTES 20 SECONDS WEST, A DISTANCE OF
99.98 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 305.00
FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 48 DEGREES 52 MINUTES 28 SECONDS, A DISTANCE OF
260.17 FEET;
THENCE SOUTH 89 DEGREES 58 MINUTES 48 SECONDS WEST, A DISTANCE OF
611.21 FEET;
THENCE DEPARTING THE CENTERLINE OF MONTEBELLOW AVENUE, NORTH 00
DEGREES 01 MINUTE 12 SECONDS WEST, A DISTANCE OF 349.26 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
470.04 FEET;
THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST, A DISTANCE OF
155.00 FEET;
THENCE NORTH 89 DEGREES 58 MINUTES 48 SECONDS EAST, A DISTANCE OF
Page 571
3.00 FEET;
THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST, A DISTANCE OF
36.10 FEET;
THENCE NORTH 32 DEGREES 57 MINUTES 06 SECONDS EAST, A DISTANCE OF
31.32 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES 01 SECONDS EAST, A DISTANCE OF
379.28 FEET;
THENCE NORTH 87 DEGREES 05 MINUTES 25 SECONDS EAST, A DISTANCE OF
108.55 FEET;
THENCE NORTH 87 DEGREES 14 MINUTES 16 SECONDS EAST, A DISTANCE OF
247.29 FEET;
THENCE NORTH 00 DEGREES 43 MINUTES 32 SECONDS WEST, A DISTANCE OF
33.13 FEET;
THENCE NORTH 89 DEGREES 13 MINUTES 29 SECONDS EAST, A DISTANCE OF
101.13 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 529,129 SQUARE FEET OR 12.147 ACRES, MORE OR
LESS.
Page 572
Page 573
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-91-22-5 -
Approximately 1,000 Feet West of the Southwest Corner of 39th Avenue and
Camelback Road (Ordinance G-7107)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) and R-5 (Multifamily Residence District) to R-5
(Multifamily Residence District) to allow multifamily residential.
Summary
Current Zoning: R1-6 (2.94 acres) and R-5 (2.03 acres)
Proposed Zoning: R-5
Acreage: 4.97 acres
Proposal: Multifamily residential
Owner: West Camelback Investment Group
Applicant/Representative: Virginia Senior, Vida Architects
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case on March 28,
2023, and recommended approval, per the staff recommendation, with an additional
stipulation, by a vote of 12-2.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Alhambra Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 1,000 feet west of the southwest corner of 39th Avenue and Camelback
Road
Council District: 5
Parcel Address: 4037 W. Camelback Road
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 574
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-91-22-5) FROM R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT AND R-5 (MULTIFAMILY RESIDENCE DISTRICT) TO
R-5 (MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 4.97-acre site located approximately 1,000
feet west of the southwest corner of 39th Avenue and Camelback Road in a portion of
Section 22, Township 2 North, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from 2.94 acres of “R1-6” (Single-Family Residence District) and
2.03 acres of “R-5” (Multifamily Residence District) to “R-5” (Multifamily Residence
District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
Page 575
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development shall be in general conformance with the site plan date
stamped December 30, 2022 with specific regard to the location of the
buildings, the location of the open space, a minimum 5-foot-wide pedestrian
pathway extending through the open space and connecting to Camelback
Road, and with building entrances oriented onto the open space, as modified by
the following stipulations and as approved by the Planning and Development
Department.
2. The development shall be in general conformance with the building elevations
date stamped December 30, 2022, as modified by the following stipulations and
as approved by the Planning and Development Department.
3. The public sidewalk along Camelback Road shall be constructed to a width of 6
feet and detached from the back of curb by a minimum 10-foot-wide landscape
area planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work
with the Planning and Development Department on alternative design solutions
consistent with the creation of a comfortable pedestrian environment.
a. Minimum 3-inch caliper, large canopy, single-trunk, shade trees shall be
placed 25 feet on center or in equivalent groupings.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at maximum height of 24 inches to provide a minimum of 75
percent live coverage at maturity.
4. The developer shall dedicate a 10-foot-wide sidewalk easement for the south
side of Camelback Road, as approved by the Planning and Development
Department.
5. The required landscape setback along the west property line shall be enhanced
with 5-foot by 5-foot triangular islands every 80 to 100 feet that protrude into the
parking area. This landscape setback shall be planted with minimum 2-inch
caliper single trunk, shade trees placed 20 feet on center or in equivalent
groupings, as approved by the Planning and Development Department.
Page 576
6. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
for up to a maximum of 50 spaces, located near the entrances to the
building, and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance.
b. One bicycle repair station shall be provided and maintained in an area of
high visibility to residents and within 75 feet of the Camelback Road
right-of-way.
7. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
8. A bus stop pad shall be constructed on westbound Camelback Road designed
according to City of Phoenix Standard Detail P1260 with a depth of 10 feet and
spaced from the western driveway according to City of Phoenix Standard Detail
P1258, as approved by the Planning and Development Department.
9. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
10. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
11. A minimum of two recycling containers shall be provides on site, as approved
by the Planning and Development Department.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
Page 577
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 578
EXHIBIT A
Parcel No. 1:
The West half of the West half of the Northwest quarter of the Northeast quarter of the
Northwest quarter of Section 22, Township 2 North, Range 2 East of the Gila and Salt
River Base and Meridian, situated in Maricopa County, State of Arizona;
Except the North 40 feet as set forth in Final Order of Condemnation recorded in Docket
13939, page 1555.
Parcel No. 2:
The East half of the West half of the Northwest quarter of the Northeast quarter of the
Northwest quarter of Section 22, Township 2 North, Range 2 East of the Gila and Salt
River Base and Meridian, situated in Maricopa County, State of Arizona;
Except the North 40 feet as set forth in Final Order of Condemnation recorded in Docket
13939, page 1555.
Page 579
Page 580
Report
Approximately 1,000 Feet West of the Southwest Corner of 39th Avenue and
Camelback Road (Ordinance G-7107)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-6 (Single-Family Residence District) and R-5 (Multifamily Residence District) to R-5
(Multifamily Residence District) to allow multifamily residential.
Summary
Current Zoning: R1-6 (2.94 acres) and R-5 (2.03 acres)
Proposed Zoning: R-5
Acreage: 4.97 acres
Proposal: Multifamily residential
Owner: West Camelback Investment Group
Applicant/Representative: Virginia Senior, Vida Architects
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case on March 28,
2023, and recommended approval, per the staff recommendation, with an additional
stipulation, by a vote of 12-2.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Alhambra Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 1,000 feet west of the southwest corner of 39th Avenue and Camelback
Road
Council District: 5
Parcel Address: 4037 W. Camelback Road
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 574
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-91-22-5) FROM R1-6 (SINGLE-FAMILY RESIDENCE
DISTRICT AND R-5 (MULTIFAMILY RESIDENCE DISTRICT) TO
R-5 (MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 4.97-acre site located approximately 1,000
feet west of the southwest corner of 39th Avenue and Camelback Road in a portion of
Section 22, Township 2 North, Range 2 East, as described more specifically in Exhibit
“A,” is hereby changed from 2.94 acres of “R1-6” (Single-Family Residence District) and
2.03 acres of “R-5” (Multifamily Residence District) to “R-5” (Multifamily Residence
District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
Page 575
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development shall be in general conformance with the site plan date
stamped December 30, 2022 with specific regard to the location of the
buildings, the location of the open space, a minimum 5-foot-wide pedestrian
pathway extending through the open space and connecting to Camelback
Road, and with building entrances oriented onto the open space, as modified by
the following stipulations and as approved by the Planning and Development
Department.
2. The development shall be in general conformance with the building elevations
date stamped December 30, 2022, as modified by the following stipulations and
as approved by the Planning and Development Department.
3. The public sidewalk along Camelback Road shall be constructed to a width of 6
feet and detached from the back of curb by a minimum 10-foot-wide landscape
area planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work
with the Planning and Development Department on alternative design solutions
consistent with the creation of a comfortable pedestrian environment.
a. Minimum 3-inch caliper, large canopy, single-trunk, shade trees shall be
placed 25 feet on center or in equivalent groupings.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at maximum height of 24 inches to provide a minimum of 75
percent live coverage at maturity.
4. The developer shall dedicate a 10-foot-wide sidewalk easement for the south
side of Camelback Road, as approved by the Planning and Development
Department.
5. The required landscape setback along the west property line shall be enhanced
with 5-foot by 5-foot triangular islands every 80 to 100 feet that protrude into the
parking area. This landscape setback shall be planted with minimum 2-inch
caliper single trunk, shade trees placed 20 feet on center or in equivalent
groupings, as approved by the Planning and Development Department.
Page 576
6. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
for up to a maximum of 50 spaces, located near the entrances to the
building, and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance.
b. One bicycle repair station shall be provided and maintained in an area of
high visibility to residents and within 75 feet of the Camelback Road
right-of-way.
7. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
8. A bus stop pad shall be constructed on westbound Camelback Road designed
according to City of Phoenix Standard Detail P1260 with a depth of 10 feet and
spaced from the western driveway according to City of Phoenix Standard Detail
P1258, as approved by the Planning and Development Department.
9. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
10. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
11. A minimum of two recycling containers shall be provides on site, as approved
by the Planning and Development Department.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
Page 577
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 578
EXHIBIT A
Parcel No. 1:
The West half of the West half of the Northwest quarter of the Northeast quarter of the
Northwest quarter of Section 22, Township 2 North, Range 2 East of the Gila and Salt
River Base and Meridian, situated in Maricopa County, State of Arizona;
Except the North 40 feet as set forth in Final Order of Condemnation recorded in Docket
13939, page 1555.
Parcel No. 2:
The East half of the West half of the Northwest quarter of the Northeast quarter of the
Northwest quarter of Section 22, Township 2 North, Range 2 East of the Gila and Salt
River Base and Meridian, situated in Maricopa County, State of Arizona;
Except the North 40 feet as set forth in Final Order of Condemnation recorded in Docket
13939, page 1555.
Page 579
Page 580
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
(CONTINUED FROM MARCH 1, 2023) - Amend City Code - Ordinance Adoption -
Rezoning Application Z-68-22-6 - Approximately 1,500 Feet South of the
Southeast Corner of 50th Street and Ray Road (Ordinance G-7082)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
CP/GCP (Commerce Park District, General Commerce Park Option) to C-2 HGT/WVR
DNS/WVR (Intermediate Commercial, Height Waiver, Density Waiver) to allow
multifamily residential with a height and density waiver.
Summary
Current Zoning: CP/GCP
Proposed Zoning: C-2 HGT/WVR DNS/WVR
Acreage: 14.33
Proposed Use: Multifamily residential with a height and density waiver
Owner: P8 Phoenix Foothills, LLC
Applicant: Dennis M. Newcombe, Gammage & Burnham, PLC
Representative: Manjula M. Vaz, Gammage & Burnham, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Ahwatukee Foothills Village Planning Committee heard this case on
Dec. 19, 2022, and continued the case by a vote of 8-0. The Ahwatukee Foothills
Village Planning Committee heard this case on Jan. 23, 2023, and recommended
approval, per the staff recommendation (Addendum A), by a vote of 6-2.
PC Action: The Planning Commission heard this case on Jan. 5, 2023, and continued
the case by a vote of 8-0. The Planning Commission heard this case on Feb. 2, 2023,
and recommended approval, per the Ahwatukee Foothills Village Planning Committee
recommendation, by a vote of 9-0.
Location
Approximately 1,500 feet south of the southeast corner of 50th Street and Ray Road
Council District: 6
Parcel Address: 14559, 14601, and 14605 S. 50th St.
Page 581
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 582
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-68-22-6) FROM CP/GCP (COMMERCE PARK
DISTRICT, GENERAL COMMERCE PARK OPTION) TO C-2
HGT/WVR DNS/WVR (INTERMEDIATE COMMERCIAL, HEIGHT
WAIVER, DENSITY WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 14.33 acre property located approximately
1,500 feet south of the southeast corner of 50th Street and Ray Road in a portion of
Section 29, Township 1 South, Range 4 East, as described more specifically in Exhibit
“A,” is hereby changed from “CP/GCP” (Commerce Park District, General Commerce
Park Option), to “C-2 HGT/WVR DNS/WVR” (Intermediate Commercial, Height Waiver,
Density Waiver).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
Page 583
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development shall be in general conformance with the elevations date
stamped September 21, 2022, as modified by the following and as approved by
the Planning and Development Department.
a. Building elevations adjacent and oriented to public streets shall contain a
minimum of 25% brick, masonry, stone, or another exterior accent
material that exhibits quality and durability.
b. All ground floor units adjacent to 50th Street shall have individual
porches or patios oriented to the street.
2. The development shall be limited to a maximum of 417 dwelling units.
3. A minimum of six amenities shall be provided and distributed throughout the
site which may include but are not limited to pools, dog parks, barbeques,
ramadas, and tot lots with shade equipment as approved by the Planning and
Development Department.
4. A minimum of 8% of the gross project area shall be retained as common open
space, as approved by the Planning and Development Department.
5. A minimum 34,000-square foot open space area shall be centrally located
within the development.
6. Prior to final site plan approval, the developer shall include with the building
plans submitted for Phoenix Building Construction Code compliance review
certification by a registered Professional Engineer or registered Professional
Architect in the State of Arizona demonstrating the average indoor noise levels
of the residential units shall not exceed a decibel day night-level (DNL) of 45
decibels, as approved by the Planning and Development Department.
7. A perimeter wall no less than 6 feet in height shall be provided along the I-10
freeway. This wall shall include material and textural differences, such as
stucco and/or split face block with a decorative element, such as tile or
stamped design, as approved by the Planning and Development Department.
8. All required landscape setbacks shall be planted with minimum 25% 2-inch
caliper and minimum 75% 3-inch caliper, drought tolerant trees, planted 20 feet
on center or in equivalent groupings, as approved by the Planning and
Development Department.
Page 584
9. A minimum of 10% of the required shrubs shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.
10. All uncovered surface parking spaces shall be landscaped with minimum 2-inch
caliper large canopy drought tolerant shade trees. Landscaping shall be
dispersed throughout the uncovered surface parking spaces, to achieve a
minimum 25% shade at maturity, as approved by Planning and Development
Department.
11. Pedestrian pathways shall be provided to connect building entrances, public
sidewalks, and community amenities, using the most direct route for
pedestrians, as approved by the Planning and Development Department.
12. Where pedestrian pathways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
13. A minimum of 20 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near open space areas and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.
14. The developer shall maintain the existing detached sidewalk landscape area
located between the back of curb and sidewalk along 50th Street and replenish
it to the following standards, as approved by the Planning and
Development Department.
a. Drought tolerant shrubs and vegetative groundcovers maintained to a
maximum height of 24 inches to provide a minimum of 75% live
coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
15. The developer shall submit a Traffic Impact Analysis for this development. The
TIA shall include a pedestrian crossing demand and circulation analysis along
50th Street. The developer shall be required to fund and construct pedestrian
crossing if required by the approved TIA. No preliminary approval of plans shall
be granted until the study has been reviewed and approved by the city.
16. The developer shall provide secured bicycle parking for residents as required
by Chapter 13, Section 1307 H of the Zoning Ordinance, as approved by the
Page 585
Planning and Development Department.
17. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
18. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
2705M of the Flood Insurance Rate Maps (FIRM) dated June 26, 2020. The
following requirements shall apply, as approved by the Planning and
Development Department:
a. The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b. A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Street Transportation Department for
review and approval of Floodplain requirements.
c. Elevation Certification (FEMA Form 086-0-33) based on construction
plans must be received and approved by Floodplain Management prior
to issuance of Grading & Drainage permit. In Zone A, a base flood
elevation determination letter (sample letter is provided by Floodplain
Management upon request) and exhibit will also be required prior to
issuance of Grading & Drainage permit.
d. The developers shall provide a FEMA approved CLOMC or LOMC prior
to issuance of a Grading and Drainage permit. CLOMC or LOMC also
requires the following compliance with Section 7 & 9 of the Endangered
Species Act (ESA).
19. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
20. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Page 586
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 1st day of March,
2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 587
EXHIBIT A
Lot 2 and Tract B of the Final Plat for FOOTHILLS OFFICE PARK, recorded in Book
450 of Maps, Page 24, records of Maricopa County, Arizona, within a portion of the
northwest quarter of Section 29, Township 1 South, Range 4 East, being more
particularly described as follows;
BEGINNING at the Northeast corner of said Lot 2;
Thence for a basis of bearing along the East line of said Lot 2, South 00 degrees 13
minutes 04 seconds East 369.59 feet to the Northeast corner of Tract C of said
FOOTHILLS OFFICE PARK;
Thence along the North line of said Tract C, South 89 degrees 36 minutes 45 seconds
West 148.62 feet to the Northeast corner of said Tract B;
Thence along the East line of said Tract B, South 00 degrees 23 minutes 15 seconds
East 200.00 feet to the Southeast corner of said Tract B;
Thence along the South lines of said Tract B and said Lot 2, South 89 degrees 36
minutes 45 seconds West 603.22 feet to a corner of said Lot 2, said point being on the
East line of Tract A of said FOOTHILLS OFFICE PARK;
Thence along said East line, North 00 degrees 00 minutes 00 seconds West 200.00 feet
to the Northeast corner of said Tract A;
Thence along the North line of said Tract A, South 89 degrees 36 minutes 45 seconds
West 435.35 feet to the Northwest corner of said Tract A;
Thence along the West line of said Lot 2, North 00 degrees 28 minutes 38 seconds
West 439.74 feet to the beginning of a tangent curve to the right, having a radius of
467.00 feet;
Thence continuing along the West line of said Lot 2, being said tangent curve through a
central angle of 15 degrees 46 minutes 14 seconds, an arc length of 128.54 feet to the
Northwest corner of said Lot 2;
Thence along the North line of said Lot 2, South 67 degrees 30 minutes 00 seconds
East 506.79 feet to a corner of said Lot 2;
Thence continuing along said North line, North 89 degrees 36 minutes 45 seconds East
703.35 feet to the POINT OF BEGINNING.
Comprising 13.953 acres or 607,794 square feet, subject to all easements of record.
Page 588
Page 589
Page 590
Page 591
Report
Rezoning Application Z-68-22-6 - Approximately 1,500 Feet South of the
Southeast Corner of 50th Street and Ray Road (Ordinance G-7082)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
CP/GCP (Commerce Park District, General Commerce Park Option) to C-2 HGT/WVR
DNS/WVR (Intermediate Commercial, Height Waiver, Density Waiver) to allow
multifamily residential with a height and density waiver.
Summary
Current Zoning: CP/GCP
Proposed Zoning: C-2 HGT/WVR DNS/WVR
Acreage: 14.33
Proposed Use: Multifamily residential with a height and density waiver
Owner: P8 Phoenix Foothills, LLC
Applicant: Dennis M. Newcombe, Gammage & Burnham, PLC
Representative: Manjula M. Vaz, Gammage & Burnham, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Ahwatukee Foothills Village Planning Committee heard this case on
Dec. 19, 2022, and continued the case by a vote of 8-0. The Ahwatukee Foothills
Village Planning Committee heard this case on Jan. 23, 2023, and recommended
approval, per the staff recommendation (Addendum A), by a vote of 6-2.
PC Action: The Planning Commission heard this case on Jan. 5, 2023, and continued
the case by a vote of 8-0. The Planning Commission heard this case on Feb. 2, 2023,
and recommended approval, per the Ahwatukee Foothills Village Planning Committee
recommendation, by a vote of 9-0.
Location
Approximately 1,500 feet south of the southeast corner of 50th Street and Ray Road
Council District: 6
Parcel Address: 14559, 14601, and 14605 S. 50th St.
Page 581
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 582
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-68-22-6) FROM CP/GCP (COMMERCE PARK
DISTRICT, GENERAL COMMERCE PARK OPTION) TO C-2
HGT/WVR DNS/WVR (INTERMEDIATE COMMERCIAL, HEIGHT
WAIVER, DENSITY WAIVER).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 14.33 acre property located approximately
1,500 feet south of the southeast corner of 50th Street and Ray Road in a portion of
Section 29, Township 1 South, Range 4 East, as described more specifically in Exhibit
“A,” is hereby changed from “CP/GCP” (Commerce Park District, General Commerce
Park Option), to “C-2 HGT/WVR DNS/WVR” (Intermediate Commercial, Height Waiver,
Density Waiver).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
Page 583
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. The development shall be in general conformance with the elevations date
stamped September 21, 2022, as modified by the following and as approved by
the Planning and Development Department.
a. Building elevations adjacent and oriented to public streets shall contain a
minimum of 25% brick, masonry, stone, or another exterior accent
material that exhibits quality and durability.
b. All ground floor units adjacent to 50th Street shall have individual
porches or patios oriented to the street.
2. The development shall be limited to a maximum of 417 dwelling units.
3. A minimum of six amenities shall be provided and distributed throughout the
site which may include but are not limited to pools, dog parks, barbeques,
ramadas, and tot lots with shade equipment as approved by the Planning and
Development Department.
4. A minimum of 8% of the gross project area shall be retained as common open
space, as approved by the Planning and Development Department.
5. A minimum 34,000-square foot open space area shall be centrally located
within the development.
6. Prior to final site plan approval, the developer shall include with the building
plans submitted for Phoenix Building Construction Code compliance review
certification by a registered Professional Engineer or registered Professional
Architect in the State of Arizona demonstrating the average indoor noise levels
of the residential units shall not exceed a decibel day night-level (DNL) of 45
decibels, as approved by the Planning and Development Department.
7. A perimeter wall no less than 6 feet in height shall be provided along the I-10
freeway. This wall shall include material and textural differences, such as
stucco and/or split face block with a decorative element, such as tile or
stamped design, as approved by the Planning and Development Department.
8. All required landscape setbacks shall be planted with minimum 25% 2-inch
caliper and minimum 75% 3-inch caliper, drought tolerant trees, planted 20 feet
on center or in equivalent groupings, as approved by the Planning and
Development Department.
Page 584
9. A minimum of 10% of the required shrubs shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.
10. All uncovered surface parking spaces shall be landscaped with minimum 2-inch
caliper large canopy drought tolerant shade trees. Landscaping shall be
dispersed throughout the uncovered surface parking spaces, to achieve a
minimum 25% shade at maturity, as approved by Planning and Development
Department.
11. Pedestrian pathways shall be provided to connect building entrances, public
sidewalks, and community amenities, using the most direct route for
pedestrians, as approved by the Planning and Development Department.
12. Where pedestrian pathways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
13. A minimum of 20 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near open space areas and installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.
14. The developer shall maintain the existing detached sidewalk landscape area
located between the back of curb and sidewalk along 50th Street and replenish
it to the following standards, as approved by the Planning and
Development Department.
a. Drought tolerant shrubs and vegetative groundcovers maintained to a
maximum height of 24 inches to provide a minimum of 75% live
coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
15. The developer shall submit a Traffic Impact Analysis for this development. The
TIA shall include a pedestrian crossing demand and circulation analysis along
50th Street. The developer shall be required to fund and construct pedestrian
crossing if required by the approved TIA. No preliminary approval of plans shall
be granted until the study has been reviewed and approved by the city.
16. The developer shall provide secured bicycle parking for residents as required
by Chapter 13, Section 1307 H of the Zoning Ordinance, as approved by the
Page 585
Planning and Development Department.
17. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
18. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
2705M of the Flood Insurance Rate Maps (FIRM) dated June 26, 2020. The
following requirements shall apply, as approved by the Planning and
Development Department:
a. The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b. A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Street Transportation Department for
review and approval of Floodplain requirements.
c. Elevation Certification (FEMA Form 086-0-33) based on construction
plans must be received and approved by Floodplain Management prior
to issuance of Grading & Drainage permit. In Zone A, a base flood
elevation determination letter (sample letter is provided by Floodplain
Management upon request) and exhibit will also be required prior to
issuance of Grading & Drainage permit.
d. The developers shall provide a FEMA approved CLOMC or LOMC prior
to issuance of a Grading and Drainage permit. CLOMC or LOMC also
requires the following compliance with Section 7 & 9 of the Endangered
Species Act (ESA).
19. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
20. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Page 586
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 1st day of March,
2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 587
EXHIBIT A
Lot 2 and Tract B of the Final Plat for FOOTHILLS OFFICE PARK, recorded in Book
450 of Maps, Page 24, records of Maricopa County, Arizona, within a portion of the
northwest quarter of Section 29, Township 1 South, Range 4 East, being more
particularly described as follows;
BEGINNING at the Northeast corner of said Lot 2;
Thence for a basis of bearing along the East line of said Lot 2, South 00 degrees 13
minutes 04 seconds East 369.59 feet to the Northeast corner of Tract C of said
FOOTHILLS OFFICE PARK;
Thence along the North line of said Tract C, South 89 degrees 36 minutes 45 seconds
West 148.62 feet to the Northeast corner of said Tract B;
Thence along the East line of said Tract B, South 00 degrees 23 minutes 15 seconds
East 200.00 feet to the Southeast corner of said Tract B;
Thence along the South lines of said Tract B and said Lot 2, South 89 degrees 36
minutes 45 seconds West 603.22 feet to a corner of said Lot 2, said point being on the
East line of Tract A of said FOOTHILLS OFFICE PARK;
Thence along said East line, North 00 degrees 00 minutes 00 seconds West 200.00 feet
to the Northeast corner of said Tract A;
Thence along the North line of said Tract A, South 89 degrees 36 minutes 45 seconds
West 435.35 feet to the Northwest corner of said Tract A;
Thence along the West line of said Lot 2, North 00 degrees 28 minutes 38 seconds
West 439.74 feet to the beginning of a tangent curve to the right, having a radius of
467.00 feet;
Thence continuing along the West line of said Lot 2, being said tangent curve through a
central angle of 15 degrees 46 minutes 14 seconds, an arc length of 128.54 feet to the
Northwest corner of said Lot 2;
Thence along the North line of said Lot 2, South 67 degrees 30 minutes 00 seconds
East 506.79 feet to a corner of said Lot 2;
Thence continuing along said North line, North 89 degrees 36 minutes 45 seconds East
703.35 feet to the POINT OF BEGINNING.
Comprising 13.953 acres or 607,794 square feet, subject to all easements of record.
Page 588
Page 589
Page 590
Page 591
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Amend City Code - Ordinance Adoption - Rezoning Application Z-86-22-8 -
Approximately 250 Feet East of the Northeast Corner of 25th Street and
Washington Street (Ordinance G-7105)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-4 TOD-2 (Multifamily Residence District, Interim Transit-Oriented Zoning Overlay
District Two) and A-1 TOD-2 (Light Industrial District, Interim Transit-Oriented Zoning
Overlay District Two) to WU Code T4:3 GW (Walkable Urban Code, Transect 4:3
District, Transit Gateway Character Area) and WU Code T5:5 GW (Walkable Urban
Code, Transect 5:5 District, Transit Gateway Character Area) to allow multifamily
residential.
Summary
Current Zoning: R-4 TOD-2 (0.80 acres) and A-1 TOD-2 (1.59 acres)
Proposed Zoning: WU Code T4:3 GW (0.80 acres) and WU Code T5:5 GW (1.59
acres)
Acreage: 2.39
Proposed Use: Multifamily residential
Owner: Walter Strazzara, et al.
Applicant: Michael S. Buschbacher, Earl & Curley, PC
Representative: Taylor Earl, Earl & Curley, PC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Central City Village Planning Committee heard this case on March
13, 2023, and recommended approval, per the staff recommendation, by a vote of 13-
0.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Central City Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 250 feet east of the northeast corner of 25th Street and Washington
Street
Page 592
Council District: 8
Parcel Address: 2523, 2529, and 2535 E. Adams St.; 2522, 2524, and 2532 E.
Washington St.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 593
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-86-22-8) FROM R-4 TOD-2 (MULTIFAMILY
RESIDENCE DISTRICT, INTERIM TRANSIT-ORIENTED ZONING
OVERLAY DISTRICT TWO) AND A-1 TOD-2 (LIGHT INDUSTRIAL
DISTRICT, INTERIM TRANSIT-ORIENTED ZONING OVERLAY
DISTRICT TWO) TO WU CODE T4:3 GW (WALKABLE URBAN
CODE, TRANSECT 4:3 DISTRICT, TRANSIT GATEWAY
CHARACTER AREA) AND WU CODE T5:5 GW (WALKABLE
URBAN CODE, TRANSECT 5:5 DISTRICT, TRANSIT GATEWAY
CHARACTER AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.39 acre site located approximately 250 feet
east of the northeast corner of 25th Street and Washington Street in a portion of Section
11, Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is
hereby changed from 0.80 acres of “R-4 TOD-2” (Multifamily Residence District, Interim
Transit-Oriented Zoning Overlay District Two) and 1.59 acres of “A-1 TOD-2” (Light
Industrial District, Interim Transit-Oriented Zoning Overlay District Two), to 0.80 acres of
“WU Code T4:3 GW” (Walkable Urban Code, Transect 4:3 District, Transit Gateway
Page 594
Character Area) and 1.59 acres of “WU Code T5:5 GW” (Walkable Urban Code,
Transect 5:5 District, Transit Gateway Character Area).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. A minimum of one common entry shall be provided for each street frontage,
except for buildings where every unit has private entry directly to the street,
as approved by the Planning and Development Department.
2. The development shall incorporate bicycle infrastructure as described below
and as approved by the Planning and Development Department.
a. A minimum of half of all required bicycle parking for multifamily use, per
Section 1307.H.6.d of the Phoenix Zoning Ordinance, shall be secured
parking.
b. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance.
c. A bicycle repair station (“fix it station”) shall be provided on the site. The
station shall include but not limited to: standard repair tools affixed to the
station; a tire gauge and pump; and a bicycle repair stand which allows
pedals and wheels to spin freely while making adjustments to the bike,
as approved by the Planning and Development Department.
3. The public sidewalk along Washington Street shall be constructed to a
minimum width of 8 feet and detached from the back of curb by a minimum
10-foot-wide landscape area, as approved by the Planning and Development
Department.
4. The developer shall construct all streets within and adjacent to the
Page 595
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
5. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
6. If determined necessary by the Phoenix Archaeology Office, the applicant
shall conduct Phase I data testing and submit an archaeological survey
report of the development area for review and approval by the City
Archaeologist prior to clearing and grubbing, landscape salvage, and/or
grading approval.
7. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary,
the applicant shall conduct Phase II archaeological data recovery
excavations.
8. In the event archaeological materials are encountered during construction,
the developer shall immediately cease all ground-disturbing activities within a
33-foot radius of the discovery, notify the City Archaeologist, and allow time
for the Archaeology Office to properly assess the materials.
9. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
Page 596
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)
Page 597
EXHIBIT A
DESCRIPTION FOR 2522, 2524 & 2532 E. WASHINGTON STREET,
PHOENIX, AZ 85034 FOR REZONING
A PORTION OF THE NORTH 50.00 FEET OF WASHINGTON STREET AND A
PORTION OF THOSE PARCELS DESCRIBED IN WARRANTY DEED RECORDED IN
DOCUMENT NO. 2022-0387544, AND SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NO. 2020-0887101, RECORDS OF MARICOPA COUNTY, ARIZONA,
LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING MORE PARTTCULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION.
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 1117.43 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF WASHINGTON STREET;
THENCE SOUTH 89 DEGREES 25 MINUTES 40 SECONDS EAST 978.15 FEET
ALONG SAID MONUMENT LINE TO THE SOUTHERLY PROLONGATION OF THE
WEST LINE OF THAT PARCEL DESCRIBED IN SAID DOCUMENT NO. 2020-
0887101, AND THE POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 204.84 FEET
ALONG SAID WEST LINE TO THE NORTH LINE OF SAID PARCELS;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 339.45 FEET
ALONG THE NORTH LINE OF SAID PARCELS TO THE EAST LINE OF THAT
PARCEL DESCRIBED IN SAID DOCUMENT NO. 2022-0387544;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 206.71 FEET
ALONG SAID EAST LINE TO SAID MONUMENT LINE;
THENCE NORTH 89 DEGREES 25 MINUTES 40 SECONDS WEST 339.45 FEET
ALONG SAID MONUMENT LINE TO THE POINT OF BEGINNING.
COMPRISING 69,850 SQUARE FEET MORE OR LESS.
DESCRIPTION FOR 2529 E. ADAMS STREET, PHOENIX, AZ 85034 FOR REZONING
Page 598
A PORTION OF THE SOUTH 30.00 FEET OF ADAMS STREET AND A PORTION OF
THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN DOCUMENT NO.
2022-0387544, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 3 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION;
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 742.98 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF ADAMS STREET;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 1153.19 FEET
ALONG SAID MONUMENT LINE TO THE NORTHERLY PROLONGATION OF THE
WEST LINE OF SAID PARCEL AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST
100.00 FEET ALONG SAID MONUMENT LINE TO THE NORTHERLY
PROLONGATION OF THE EAST LINE OF SAID PARCEL;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 175.00 FEET
ALONG SAID EAST LINE;
THENCE NORTH 89 DEGREES 44 MINUTES 36 SECONDS WEST 100.00 FEET TO
THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 175.00 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
COMPRISING 17,500 SQUARE FEET MORE OR LESS.
DESCRIPTION FOR 2523 E. ADAMS STREET, PHOENIX, AZ 85034
FOR REZONING
A PORTION OF THE SOUTH 30.00 FEET OF ADAMS STREET AND A PORTION OF
THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NO. 2020-0887101, RECORDS OF MARICOPA COUNTY, ARIZONA,
LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Page 599
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION;
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 742.98 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF ADAMS STREET;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 1003.19 FEET
ALONG SAID MONUMENT LINE TO THE NORTHERLY PROLONGATION OF THE
WEST LINE OF SAID PARCEL AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST
100.00 FEET ALONG SAID MONUMENT LINE TO THE NORTHERLY
PROLONGATION OF THE EAST LINE OF SAID PARCEL;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 175.00 FEET
ALONG SAID EAST LINE;
THENCE NORTH 89 DEGREES 44 MINUTES 36 SECONDS WEST 100.00 FEET TO
THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 175.00 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
COMPRISING 17,500 SQUARE FEET MORE OR LESS.
Page 600
Page 601
Report
Approximately 250 Feet East of the Northeast Corner of 25th Street and
Washington Street (Ordinance G-7105)
Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-4 TOD-2 (Multifamily Residence District, Interim Transit-Oriented Zoning Overlay
District Two) and A-1 TOD-2 (Light Industrial District, Interim Transit-Oriented Zoning
Overlay District Two) to WU Code T4:3 GW (Walkable Urban Code, Transect 4:3
District, Transit Gateway Character Area) and WU Code T5:5 GW (Walkable Urban
Code, Transect 5:5 District, Transit Gateway Character Area) to allow multifamily
residential.
Summary
Current Zoning: R-4 TOD-2 (0.80 acres) and A-1 TOD-2 (1.59 acres)
Proposed Zoning: WU Code T4:3 GW (0.80 acres) and WU Code T5:5 GW (1.59
acres)
Acreage: 2.39
Proposed Use: Multifamily residential
Owner: Walter Strazzara, et al.
Applicant: Michael S. Buschbacher, Earl & Curley, PC
Representative: Taylor Earl, Earl & Curley, PC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Central City Village Planning Committee heard this case on March
13, 2023, and recommended approval, per the staff recommendation, by a vote of 13-
0.
PC Action: The Planning Commission heard this case on April 13, 2023, and
recommended approval, per the Central City Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 250 feet east of the northeast corner of 25th Street and Washington
Street
Page 592
Council District: 8
Parcel Address: 2523, 2529, and 2535 E. Adams St.; 2522, 2524, and 2532 E.
Washington St.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 593
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-86-22-8) FROM R-4 TOD-2 (MULTIFAMILY
RESIDENCE DISTRICT, INTERIM TRANSIT-ORIENTED ZONING
OVERLAY DISTRICT TWO) AND A-1 TOD-2 (LIGHT INDUSTRIAL
DISTRICT, INTERIM TRANSIT-ORIENTED ZONING OVERLAY
DISTRICT TWO) TO WU CODE T4:3 GW (WALKABLE URBAN
CODE, TRANSECT 4:3 DISTRICT, TRANSIT GATEWAY
CHARACTER AREA) AND WU CODE T5:5 GW (WALKABLE
URBAN CODE, TRANSECT 5:5 DISTRICT, TRANSIT GATEWAY
CHARACTER AREA).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.39 acre site located approximately 250 feet
east of the northeast corner of 25th Street and Washington Street in a portion of Section
11, Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is
hereby changed from 0.80 acres of “R-4 TOD-2” (Multifamily Residence District, Interim
Transit-Oriented Zoning Overlay District Two) and 1.59 acres of “A-1 TOD-2” (Light
Industrial District, Interim Transit-Oriented Zoning Overlay District Two), to 0.80 acres of
“WU Code T4:3 GW” (Walkable Urban Code, Transect 4:3 District, Transit Gateway
Page 594
Character Area) and 1.59 acres of “WU Code T5:5 GW” (Walkable Urban Code,
Transect 5:5 District, Transit Gateway Character Area).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. A minimum of one common entry shall be provided for each street frontage,
except for buildings where every unit has private entry directly to the street,
as approved by the Planning and Development Department.
2. The development shall incorporate bicycle infrastructure as described below
and as approved by the Planning and Development Department.
a. A minimum of half of all required bicycle parking for multifamily use, per
Section 1307.H.6.d of the Phoenix Zoning Ordinance, shall be secured
parking.
b. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance.
c. A bicycle repair station (“fix it station”) shall be provided on the site. The
station shall include but not limited to: standard repair tools affixed to the
station; a tire gauge and pump; and a bicycle repair stand which allows
pedals and wheels to spin freely while making adjustments to the bike,
as approved by the Planning and Development Department.
3. The public sidewalk along Washington Street shall be constructed to a
minimum width of 8 feet and detached from the back of curb by a minimum
10-foot-wide landscape area, as approved by the Planning and Development
Department.
4. The developer shall construct all streets within and adjacent to the
Page 595
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
5. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
6. If determined necessary by the Phoenix Archaeology Office, the applicant
shall conduct Phase I data testing and submit an archaeological survey
report of the development area for review and approval by the City
Archaeologist prior to clearing and grubbing, landscape salvage, and/or
grading approval.
7. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary,
the applicant shall conduct Phase II archaeological data recovery
excavations.
8. In the event archaeological materials are encountered during construction,
the developer shall immediately cease all ground-disturbing activities within a
33-foot radius of the discovery, notify the City Archaeologist, and allow time
for the Archaeology Office to properly assess the materials.
9. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
Page 596
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)
Page 597
EXHIBIT A
DESCRIPTION FOR 2522, 2524 & 2532 E. WASHINGTON STREET,
PHOENIX, AZ 85034 FOR REZONING
A PORTION OF THE NORTH 50.00 FEET OF WASHINGTON STREET AND A
PORTION OF THOSE PARCELS DESCRIBED IN WARRANTY DEED RECORDED IN
DOCUMENT NO. 2022-0387544, AND SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NO. 2020-0887101, RECORDS OF MARICOPA COUNTY, ARIZONA,
LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING MORE PARTTCULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION.
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 1117.43 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF WASHINGTON STREET;
THENCE SOUTH 89 DEGREES 25 MINUTES 40 SECONDS EAST 978.15 FEET
ALONG SAID MONUMENT LINE TO THE SOUTHERLY PROLONGATION OF THE
WEST LINE OF THAT PARCEL DESCRIBED IN SAID DOCUMENT NO. 2020-
0887101, AND THE POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 204.84 FEET
ALONG SAID WEST LINE TO THE NORTH LINE OF SAID PARCELS;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 339.45 FEET
ALONG THE NORTH LINE OF SAID PARCELS TO THE EAST LINE OF THAT
PARCEL DESCRIBED IN SAID DOCUMENT NO. 2022-0387544;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 206.71 FEET
ALONG SAID EAST LINE TO SAID MONUMENT LINE;
THENCE NORTH 89 DEGREES 25 MINUTES 40 SECONDS WEST 339.45 FEET
ALONG SAID MONUMENT LINE TO THE POINT OF BEGINNING.
COMPRISING 69,850 SQUARE FEET MORE OR LESS.
DESCRIPTION FOR 2529 E. ADAMS STREET, PHOENIX, AZ 85034 FOR REZONING
Page 598
A PORTION OF THE SOUTH 30.00 FEET OF ADAMS STREET AND A PORTION OF
THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED IN DOCUMENT NO.
2022-0387544, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE
NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 3 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION;
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 742.98 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF ADAMS STREET;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 1153.19 FEET
ALONG SAID MONUMENT LINE TO THE NORTHERLY PROLONGATION OF THE
WEST LINE OF SAID PARCEL AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST
100.00 FEET ALONG SAID MONUMENT LINE TO THE NORTHERLY
PROLONGATION OF THE EAST LINE OF SAID PARCEL;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 175.00 FEET
ALONG SAID EAST LINE;
THENCE NORTH 89 DEGREES 44 MINUTES 36 SECONDS WEST 100.00 FEET TO
THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 175.00 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
COMPRISING 17,500 SQUARE FEET MORE OR LESS.
DESCRIPTION FOR 2523 E. ADAMS STREET, PHOENIX, AZ 85034
FOR REZONING
A PORTION OF THE SOUTH 30.00 FEET OF ADAMS STREET AND A PORTION OF
THAT PARCEL DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN
DOCUMENT NO. 2020-0887101, RECORDS OF MARICOPA COUNTY, ARIZONA,
LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Page 599
COMMENCING AT THE 3-INCH BRASS CAP IN HANDHOLE (0.70' DOWN)
MARKING THE NORTHWEST CORNER OF SAID SECTION 11 FROM WHICH A
STONE IN HANDHOLE (1.20' DOWN) MARKING THE NORTH QUARTER CORNER
OF SAID SECTION 11, BEARS SOUTH 89 DEGREES 44 MINUTES 54 SECONDS
EAST 2635.61 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS OF
THIS DESCRIPTION;
THENCE SOUTH 00 DEGREES 24 MINUTES 47 SECONDS WEST 742.98 FEET
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION
WITH THE MONUMENT LINE OF ADAMS STREET;
THENCE SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST 1003.19 FEET
ALONG SAID MONUMENT LINE TO THE NORTHERLY PROLONGATION OF THE
WEST LINE OF SAID PARCEL AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 36 SECONDS EAST
100.00 FEET ALONG SAID MONUMENT LINE TO THE NORTHERLY
PROLONGATION OF THE EAST LINE OF SAID PARCEL;
THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS WEST 175.00 FEET
ALONG SAID EAST LINE;
THENCE NORTH 89 DEGREES 44 MINUTES 36 SECONDS WEST 100.00 FEET TO
THE WEST LINE OF SAID PARCEL;
THENCE NORTH 00 DEGREES 25 MINUTES 09 SECONDS EAST 175.00 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
COMPRISING 17,500 SQUARE FEET MORE OR LESS.
Page 600
Page 601
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Public Hearing and Resolution Adoption - General Plan Amendment GPA-NM-1-
22-5 - Approximately 350 Feet South of the Southwest Corner of 22nd Avenue
and Dunlap Avenue (Resolution 22122)
Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
resolution if approved. Request to amend the General Plan Land Use Map designation
on 5.11 acres from Industrial to Mixed Use. This item is a companion case to Z-88-22-
5 and must be heard first, followed by Z-88-22-5.
Summary
Application: GPA-NM-1-22-5
Current Designation: Industrial
Proposed Plan Designation: Mixed Use
Acreage: 5.11 acres
Proposed Use: Minor General Plan Amendment to allow proposed multifamily
residential use
Owner: QOZ 22ND AVENUE PROPERTY, LLC
Applicant/Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval.
VPC Action: The North Mountain Village Planning Committee heard the case on March
15, 2023, and recommended approval, by a vote of 12-0.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the North Mountain Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 350 feet south of the southwest corner of 22nd Avenue and Dunlap
Avenue
Council District: 5
Parcel Addresses: 8900 and 8902 N. 22nd Ave.
Page 602
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 603
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION
RESOLUTION
A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-NM-1-22-5,
CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.
____________
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The 2015 Phoenix General Plan, which was adopted by
Resolution 21307, is hereby amended by adopting GPA-NM-1-22-5. The 5.11 acres of
property located approximately 350 feet south of the southwest corner of 22nd Avenue
and Dunlap Avenue is designated as Mixed Use.
SECTON 2. The Planning and Development Director is instructed to
modify the 2015 Phoenix General Plan to reflect this land use classification change as
shown below:
Page 604
PASSED by the Council of the City of Phoenix this 3rd day of May 2023.
MAYOR
ATTEST:
____________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:___________________________
___________________________
-2- Resolution
Page 605
REVIEWED BY:
______________________________
Jeffrey Barton, City Manager
-3- Resolution
Page 606
ATTACHMENT B
GENERAL PLAN AMENDMENT
STAFF ANALYSIS
March 8, 2022
Application: GPA-NM-1-22-5
Applicant/Representative: Jason Morris, Withey Morris, PLC
Location: Approximately 350 feet south of the southwest
corner of 22nd Avenue and Dunlap Avenue
Acreage: 5.11 acres
Current Plan Designation: Industrial (5.11 acres)
Requested Plan Designation: Mixed Use (5.11 acres)
Reason for Requested Change: To allow proposed multifamily residential use
Village Planning Committee Date: North Mountain – March 15, 2022
Staff Recommendation: Approval
FINDINGS:
1) The proposed General Plan Land Use Map designation of Mixed Use allows for a
mix of land uses including multifamily residential which is consistent with the
vision for transit oriented development as identified in the 19North Transit
Oriented Development Policy Plan.
2) The companion rezoning case, Z-88-22-5, proposes multifamily residential
development which, as stipulated, is an appropriate land use for areas near light
rail.
3) The proposed General Plan Land Use Map designation of Mixed Use is
compatible with the uses developed and planned in the vicinity of the site.
BACKGROUND
The subject site is 5.11 acres located approximately 350 feet south of the southwest
corner of 22nd Avenue and Dunlap Avenue. The companion Rezoning Case No. Z-88-
22-5 is requesting to rezone the subject site from IND.PK (Industrial Park) to R-5
Page 607
Staff Analysis
GPA-NM-1-22-5
(Multifamily Residence District) to allow for the adaptive reuse of an older office building
into multifamily residential.
The subject site is located within 0.25 miles of light rail and within the 19North Transit
Oriented Development Policy Plan and the areas studied for the Transit Oriented
Development Strategic Policy Framework. The vision contained in these plans supports
a mix of land uses both horizontally and vertically to promote walkability and access to
transit.
SURROUNDING LAND USES
North of the subject site is an Existing General Plan Land Use Map, Source: Planning and
underutilized commercial office Development Department
which is designated as Industrial.
South of the subject site are two
commercial office buildings
designated as Industrial. East of
the subject site across 22nd
Avenue is an underutilized
commercial office which is
designated as Industrial. West of
the subject site and north of
Townley Drive is undeveloped
and designated as Commercial.
West of the subject site and
south of Townley Drive is a
commercial office which is
designated as Industrial.
RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES
CONNECT PEOPLE AND PLACES
• TRANSIT ORIENTED DEVELOPMENT; LAND USE PRINCIPLE; Encourage
high-density housing and high intensity employment uses to locate
adjacent or close to transit stations per adopted transit district plans.
The proposed General Plan Amendment would allow the adaptive reuse
conversion of an underutilized commercial office to multifamily housing within
close proximity to light rail in a manner that is aligned with the 19North Transit
Oriented Development Policy Plan.
• OPPORTUNITY SITES; LAND USE PRINCIPLE: Support reasonable levels of
increased intensity, respectful of local conditions and surrounding
neighborhoods.
Page 608
Staff Analysis
GPA-NM-1-22-5
The proposed minor General Plan Amendment, along with its companion
rezoning case would allow the development of new residential that is compatible
with the surrounding neighborhoods and aligned with the city’s vision for transit
oriented development.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of GPA-NM-1-22-5. The proposed land use map
designation allows for development that supports transit oriented development and
advances the purpose and intent of the 19North Transit Oriented Development Policy
Plan. The companion rezoning case, Z-88-22-5, as stipulated, will further advance goals
related to walkability, transit-orientation, and tree shade in areas near light rail.
Author
Nick Klimek
March 8, 2022
Team Leader
Racelle Escolar
Exhibits
Sketch Map
Page 609
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003 X (602) 262-6882
APPLICATION NO: GPA-NM-1-22-5 ACRES: 5.11 +/- REVISION DATE:
VILLAGE: North Mountain COUNCIL DISTRICT: 5
APPLICANT: Jason Morris
EXISTING:
Industrial ( 5.11 +/- Acres)
DUNLAP AVE
Proposed Change Area
Residential 15+ du/ac
Commercial
Industrial
23RD AVE
AVE
ALICE AVE 22N
D
Maricopa County Assessor's Office
PROPOSED CHANGE:
Mixed Use ( 5.11 +/- Acres)
DUNLAP AVE
Proposed Change Area
Mixed Use
23RD AVE
AVE
ALICE AVE 22N
D
Page 610
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003 X (602) 262-6882
APPLICATION NO: GPA-NM-1-22-5 ACRES: 5.11 +/- REVISION DATE:
VILLAGE: North Mountain COUNCIL DISTRICT: 5
APPLICANT: Jason Morris
EXISTING:
Industrial ( 5.11 +/- Acres)
DUNLAP AVE
Proposed Change Area
Residential 15+ du/ac
Commercial
Industrial
23RD AVE
AVE
ALICE AVE 22N
D
Maricopa County Assessor's Office
PROPOSED CHANGE:
Mixed Use ( 5.11 +/- Acres)
DUNLAP AVE
Proposed Change Area
Mixed Use
23RD AVE
AVE
ALICE AVE 22N
D
Page 611
ATTACHMENT C
Village Planning Committee Meeting Summary
GPA-NM-1-23-5 (COMPANION Z-88-22-5)
Date of VPC Meeting March 15, 2023
Request From Industrial
Request To Residential 15+ dwelling units per acre
Proposed Use Multifamily Residence District
Location Approximately 350 feet south of the southwest corner
of 22nd Avenue and Dunlap Avenue
VPC Recommendation Approval
VPC Vote 12-0-0
VPC DISCUSSION:
Item No. 4 (GPA-NM-1-22-5) and Item No. 5 (Z-88-22-5) are companion cases and
were heard together.
No speaker cards were received on this item.
STAFF PRESENTATION
Mr. Nick Klimek, staff, provided an overview of the site, its policy context, the
proposal, and the staff recommendation of the General Plan Amendment and
development proposal.
APPLICANT PRESENTATION
Mr. Jason Morris, of Withey Morris, introduced himself as representing the applicant.
Mr. Morris shared the General Plan Amendment request to change the designation
from Industrial to Mixed-Use, and the proposal is to rezone the property from Industrial
Park to R-5 zone to allow multifamily residential. This proposal is an adaptive reuse
project with additions of amenities for residents. Mr. Morris mentioned the request is
an appropriate use of Light Rail Corridor where additional density is warranted, and
the request will also enhance a vacant office building that will benefit residents of the
area.
QUESTIONS FROM COMMITTEE
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 612
North Mountain Village Planning Committee
Meeting Summary
GPA-NM-1-22-5 (Companion Case: Z-88-22-5)
Committee Member Whitney mentioned he enjoyed the presentation. Mr. Whitney
inquired about the units’ price point, and whether the units are going to be rented or
sold. Mr. Morris replied he imagines the units will be rented at a work-force friendly
price point.
Committee Member Larson inquired about affordable housing and noted that it is
deeply needed in this area. Mr. Morris agreed as affordable housing is needed in this
area, and the purpose behind this project is to offer market rate prices with many
amenities for its residents.
Committee Member Matthews inquired about the east lot parking adjacent to 22nd
Avenue and the largely unshaded areas of parking. Mr. Matthews also inquired about
a possible pedestrian accessway that would extend directly east from the building
entrance to the public sidewalk on 22ndd Avenue which would break up the parking lot
and provide direct access to the light rail stop. Mr. Morris replied there is possibility of
providing shaded structures for parking or diamonds. Mr. Morris replied the city has a
stipulation that will require pedestrian access to the light rail station. Committee
Member Matthews again suggested that there should be a pedestrian pathway
extending directly east between the building entrance and the public sidewalk along
22nd Avenue
Committee Member McBride inquired about the TOD Policy Plan for the Northwest
Phase 2 about her outreach efforts to gain input from Jason Morris and his team. Mr.
Morris replied the applicant looks forward to being a part of that process as they
realize their responsibility to being a developer in the area.
Chair Jaramillo inquired about Stipulation 2 that may benefit pedestrians. Mr. Morris
replied that Stipulation No. 2 regarding detach sidewalks will make a difference in the
walkability in the area.
PUBLIC COMMENTS
None.
APPLICANT RESPONSE
None.
COMMITTEE DISCUSSION
None.
MOTION
Chair Jaramillo made a motion to approve GPA-NM-1-22-5, per the staff
recommendation. Committee Member McBride seconded.
VOTE
12-0-0; motion to recommend approval of GPA-NM-1-23-5, per the staff
recommendation, passed with Committee Members Alauria, Argiro, Larson, Lenz,
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 613
North Mountain Village Planning Committee
Meeting Summary
GPA-NM-1-22-5 (Companion Case: Z-88-22-5)
Matthews, McBride, O'Hara, Perez, Sommacampagna, Whitney, Vice Chair Fogelson,
and Chair Jaramillo in favor; none in opposition, and none abstaining.
MOTION
Committee Member Whitney made a motion to approve GPA-NM-1-23-5, per the
staff recommendation. Committee Member McBride seconded.
STAFF COMMENTS REGARDING VPC RECOMMENDATION:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 614
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 6
DISTRICT NO.: 5
SUBJECT:
Application #: GPA-NM-1-22-5 (Companion Case Z-88-22-5)
Location: Approximately 350 feet south of the southwest corner of 22nd Avenue and
Dunlap Avenue
From: Industrial
To: Mixed Use
Acreage: 5.11
Proposal: Minor General Plan Amendment to allow proposed multifamily residential
use.
Applicant: Jason Morris, Withey Morris, PLC
Owner: QOZ 22nd Avenue Property, LLC
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval.
Village Planning Committee (VPC) Recommendation:
North Mountain 3/15/2023 Approval. Vote: 12-0.
Planning Commission Recommendation: Approval, per the North Mountain Village Planning
Committee recommendation.
Motion Discussion: N/A
Motion details: Commissioner Busching made a MOTION to approve GPA-NM-1-22-5, per the
North Mountain Village Planning Committee recommendation.
Maker: Busching
Second: Boyd
Vote: 5-0
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: No.
Findings:
1. The proposed General Plan Land Use Map designation of Mixed Use allows for a
mix of land uses including multifamily residential which is consistent with the
vision for transit oriented development as identified in the 19North Transit
Oriented Development Policy Plan.
2. The companion rezoning case, Z-88-22-5, proposes multifamily residential
development which, as stipulated, is an appropriate land use for areas near light
rail.
3. The proposed General Plan Land Use Map designation of Mixed Use is
Page 615
compatible with the uses developed and planned in the vicinity of the site.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 616
Report
22-5 - Approximately 350 Feet South of the Southwest Corner of 22nd Avenue
and Dunlap Avenue (Resolution 22122)
Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
resolution if approved. Request to amend the General Plan Land Use Map designation
on 5.11 acres from Industrial to Mixed Use. This item is a companion case to Z-88-22-
5 and must be heard first, followed by Z-88-22-5.
Summary
Application: GPA-NM-1-22-5
Current Designation: Industrial
Proposed Plan Designation: Mixed Use
Acreage: 5.11 acres
Proposed Use: Minor General Plan Amendment to allow proposed multifamily
residential use
Owner: QOZ 22ND AVENUE PROPERTY, LLC
Applicant/Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval.
VPC Action: The North Mountain Village Planning Committee heard the case on March
15, 2023, and recommended approval, by a vote of 12-0.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the North Mountain Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 350 feet south of the southwest corner of 22nd Avenue and Dunlap
Avenue
Council District: 5
Parcel Addresses: 8900 and 8902 N. 22nd Ave.
Page 602
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 603
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION
RESOLUTION
A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-NM-1-22-5,
CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.
____________
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The 2015 Phoenix General Plan, which was adopted by
Resolution 21307, is hereby amended by adopting GPA-NM-1-22-5. The 5.11 acres of
property located approximately 350 feet south of the southwest corner of 22nd Avenue
and Dunlap Avenue is designated as Mixed Use.
SECTON 2. The Planning and Development Director is instructed to
modify the 2015 Phoenix General Plan to reflect this land use classification change as
shown below:
Page 604
PASSED by the Council of the City of Phoenix this 3rd day of May 2023.
MAYOR
ATTEST:
____________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:___________________________
___________________________
-2- Resolution
Page 605
REVIEWED BY:
______________________________
Jeffrey Barton, City Manager
-3- Resolution
Page 606
ATTACHMENT B
GENERAL PLAN AMENDMENT
STAFF ANALYSIS
March 8, 2022
Application: GPA-NM-1-22-5
Applicant/Representative: Jason Morris, Withey Morris, PLC
Location: Approximately 350 feet south of the southwest
corner of 22nd Avenue and Dunlap Avenue
Acreage: 5.11 acres
Current Plan Designation: Industrial (5.11 acres)
Requested Plan Designation: Mixed Use (5.11 acres)
Reason for Requested Change: To allow proposed multifamily residential use
Village Planning Committee Date: North Mountain – March 15, 2022
Staff Recommendation: Approval
FINDINGS:
1) The proposed General Plan Land Use Map designation of Mixed Use allows for a
mix of land uses including multifamily residential which is consistent with the
vision for transit oriented development as identified in the 19North Transit
Oriented Development Policy Plan.
2) The companion rezoning case, Z-88-22-5, proposes multifamily residential
development which, as stipulated, is an appropriate land use for areas near light
rail.
3) The proposed General Plan Land Use Map designation of Mixed Use is
compatible with the uses developed and planned in the vicinity of the site.
BACKGROUND
The subject site is 5.11 acres located approximately 350 feet south of the southwest
corner of 22nd Avenue and Dunlap Avenue. The companion Rezoning Case No. Z-88-
22-5 is requesting to rezone the subject site from IND.PK (Industrial Park) to R-5
Page 607
Staff Analysis
GPA-NM-1-22-5
(Multifamily Residence District) to allow for the adaptive reuse of an older office building
into multifamily residential.
The subject site is located within 0.25 miles of light rail and within the 19North Transit
Oriented Development Policy Plan and the areas studied for the Transit Oriented
Development Strategic Policy Framework. The vision contained in these plans supports
a mix of land uses both horizontally and vertically to promote walkability and access to
transit.
SURROUNDING LAND USES
North of the subject site is an Existing General Plan Land Use Map, Source: Planning and
underutilized commercial office Development Department
which is designated as Industrial.
South of the subject site are two
commercial office buildings
designated as Industrial. East of
the subject site across 22nd
Avenue is an underutilized
commercial office which is
designated as Industrial. West of
the subject site and north of
Townley Drive is undeveloped
and designated as Commercial.
West of the subject site and
south of Townley Drive is a
commercial office which is
designated as Industrial.
RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES
CONNECT PEOPLE AND PLACES
• TRANSIT ORIENTED DEVELOPMENT; LAND USE PRINCIPLE; Encourage
high-density housing and high intensity employment uses to locate
adjacent or close to transit stations per adopted transit district plans.
The proposed General Plan Amendment would allow the adaptive reuse
conversion of an underutilized commercial office to multifamily housing within
close proximity to light rail in a manner that is aligned with the 19North Transit
Oriented Development Policy Plan.
• OPPORTUNITY SITES; LAND USE PRINCIPLE: Support reasonable levels of
increased intensity, respectful of local conditions and surrounding
neighborhoods.
Page 608
Staff Analysis
GPA-NM-1-22-5
The proposed minor General Plan Amendment, along with its companion
rezoning case would allow the development of new residential that is compatible
with the surrounding neighborhoods and aligned with the city’s vision for transit
oriented development.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of GPA-NM-1-22-5. The proposed land use map
designation allows for development that supports transit oriented development and
advances the purpose and intent of the 19North Transit Oriented Development Policy
Plan. The companion rezoning case, Z-88-22-5, as stipulated, will further advance goals
related to walkability, transit-orientation, and tree shade in areas near light rail.
Author
Nick Klimek
March 8, 2022
Team Leader
Racelle Escolar
Exhibits
Sketch Map
Page 609
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003 X (602) 262-6882
APPLICATION NO: GPA-NM-1-22-5 ACRES: 5.11 +/- REVISION DATE:
VILLAGE: North Mountain COUNCIL DISTRICT: 5
APPLICANT: Jason Morris
EXISTING:
Industrial ( 5.11 +/- Acres)
DUNLAP AVE
Proposed Change Area
Residential 15+ du/ac
Commercial
Industrial
23RD AVE
AVE
ALICE AVE 22N
D
Maricopa County Assessor's Office
PROPOSED CHANGE:
Mixed Use ( 5.11 +/- Acres)
DUNLAP AVE
Proposed Change Area
Mixed Use
23RD AVE
AVE
ALICE AVE 22N
D
Page 610
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003 X (602) 262-6882
APPLICATION NO: GPA-NM-1-22-5 ACRES: 5.11 +/- REVISION DATE:
VILLAGE: North Mountain COUNCIL DISTRICT: 5
APPLICANT: Jason Morris
EXISTING:
Industrial ( 5.11 +/- Acres)
DUNLAP AVE
Proposed Change Area
Residential 15+ du/ac
Commercial
Industrial
23RD AVE
AVE
ALICE AVE 22N
D
Maricopa County Assessor's Office
PROPOSED CHANGE:
Mixed Use ( 5.11 +/- Acres)
DUNLAP AVE
Proposed Change Area
Mixed Use
23RD AVE
AVE
ALICE AVE 22N
D
Page 611
ATTACHMENT C
Village Planning Committee Meeting Summary
GPA-NM-1-23-5 (COMPANION Z-88-22-5)
Date of VPC Meeting March 15, 2023
Request From Industrial
Request To Residential 15+ dwelling units per acre
Proposed Use Multifamily Residence District
Location Approximately 350 feet south of the southwest corner
of 22nd Avenue and Dunlap Avenue
VPC Recommendation Approval
VPC Vote 12-0-0
VPC DISCUSSION:
Item No. 4 (GPA-NM-1-22-5) and Item No. 5 (Z-88-22-5) are companion cases and
were heard together.
No speaker cards were received on this item.
STAFF PRESENTATION
Mr. Nick Klimek, staff, provided an overview of the site, its policy context, the
proposal, and the staff recommendation of the General Plan Amendment and
development proposal.
APPLICANT PRESENTATION
Mr. Jason Morris, of Withey Morris, introduced himself as representing the applicant.
Mr. Morris shared the General Plan Amendment request to change the designation
from Industrial to Mixed-Use, and the proposal is to rezone the property from Industrial
Park to R-5 zone to allow multifamily residential. This proposal is an adaptive reuse
project with additions of amenities for residents. Mr. Morris mentioned the request is
an appropriate use of Light Rail Corridor where additional density is warranted, and
the request will also enhance a vacant office building that will benefit residents of the
area.
QUESTIONS FROM COMMITTEE
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 612
North Mountain Village Planning Committee
Meeting Summary
GPA-NM-1-22-5 (Companion Case: Z-88-22-5)
Committee Member Whitney mentioned he enjoyed the presentation. Mr. Whitney
inquired about the units’ price point, and whether the units are going to be rented or
sold. Mr. Morris replied he imagines the units will be rented at a work-force friendly
price point.
Committee Member Larson inquired about affordable housing and noted that it is
deeply needed in this area. Mr. Morris agreed as affordable housing is needed in this
area, and the purpose behind this project is to offer market rate prices with many
amenities for its residents.
Committee Member Matthews inquired about the east lot parking adjacent to 22nd
Avenue and the largely unshaded areas of parking. Mr. Matthews also inquired about
a possible pedestrian accessway that would extend directly east from the building
entrance to the public sidewalk on 22ndd Avenue which would break up the parking lot
and provide direct access to the light rail stop. Mr. Morris replied there is possibility of
providing shaded structures for parking or diamonds. Mr. Morris replied the city has a
stipulation that will require pedestrian access to the light rail station. Committee
Member Matthews again suggested that there should be a pedestrian pathway
extending directly east between the building entrance and the public sidewalk along
22nd Avenue
Committee Member McBride inquired about the TOD Policy Plan for the Northwest
Phase 2 about her outreach efforts to gain input from Jason Morris and his team. Mr.
Morris replied the applicant looks forward to being a part of that process as they
realize their responsibility to being a developer in the area.
Chair Jaramillo inquired about Stipulation 2 that may benefit pedestrians. Mr. Morris
replied that Stipulation No. 2 regarding detach sidewalks will make a difference in the
walkability in the area.
PUBLIC COMMENTS
None.
APPLICANT RESPONSE
None.
COMMITTEE DISCUSSION
None.
MOTION
Chair Jaramillo made a motion to approve GPA-NM-1-22-5, per the staff
recommendation. Committee Member McBride seconded.
VOTE
12-0-0; motion to recommend approval of GPA-NM-1-23-5, per the staff
recommendation, passed with Committee Members Alauria, Argiro, Larson, Lenz,
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 613
North Mountain Village Planning Committee
Meeting Summary
GPA-NM-1-22-5 (Companion Case: Z-88-22-5)
Matthews, McBride, O'Hara, Perez, Sommacampagna, Whitney, Vice Chair Fogelson,
and Chair Jaramillo in favor; none in opposition, and none abstaining.
MOTION
Committee Member Whitney made a motion to approve GPA-NM-1-23-5, per the
staff recommendation. Committee Member McBride seconded.
STAFF COMMENTS REGARDING VPC RECOMMENDATION:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 614
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 6
DISTRICT NO.: 5
SUBJECT:
Application #: GPA-NM-1-22-5 (Companion Case Z-88-22-5)
Location: Approximately 350 feet south of the southwest corner of 22nd Avenue and
Dunlap Avenue
From: Industrial
To: Mixed Use
Acreage: 5.11
Proposal: Minor General Plan Amendment to allow proposed multifamily residential
use.
Applicant: Jason Morris, Withey Morris, PLC
Owner: QOZ 22nd Avenue Property, LLC
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval.
Village Planning Committee (VPC) Recommendation:
North Mountain 3/15/2023 Approval. Vote: 12-0.
Planning Commission Recommendation: Approval, per the North Mountain Village Planning
Committee recommendation.
Motion Discussion: N/A
Motion details: Commissioner Busching made a MOTION to approve GPA-NM-1-22-5, per the
North Mountain Village Planning Committee recommendation.
Maker: Busching
Second: Boyd
Vote: 5-0
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: No.
Findings:
1. The proposed General Plan Land Use Map designation of Mixed Use allows for a
mix of land uses including multifamily residential which is consistent with the
vision for transit oriented development as identified in the 19North Transit
Oriented Development Policy Plan.
2. The companion rezoning case, Z-88-22-5, proposes multifamily residential
development which, as stipulated, is an appropriate land use for areas near light
rail.
3. The proposed General Plan Land Use Map designation of Mixed Use is
Page 615
compatible with the uses developed and planned in the vicinity of the site.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 616
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Public Hearing and Ordinance Adoption - Rezoning Application Z-88-22-5 -
Approximately 350 Feet South of the Southwest Corner of 22nd Avenue and
Dunlap Avenue (Ordinance G-7111)
Request to hold a public hearing and amend the Phoenix Zoning Ordinance, Section
601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application
Z-88-22-5 and rezone the site from IND.PK (Industrial Park) to R-5 (Multifamily
Residence District) to allow for multifamily residential. This is a companion case and
must be heard following GPA-NM-1-22-5.
Summary
Current Zoning: IND.PK
Proposed Zoning: R-5
Acreage: 5.11 acres
Proposed Use: Multifamily residential
Owner: QOZ 22nd Avenue Property, LLC
Applicant/Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The North Mountain Village Planning Committee heard the case on March
15, 2023, and recommended approval, per the staff recommendation, by a vote of
12-0.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the North Mountain Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 350 feet south of the southwest corner of 22nd Avenue and Dunlap
Avenue
Council District: 5
Parcel Addresses: 8900 and 8902 N. 22nd Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 617
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-88-22-5) FROM IND.PK (INDUSTRIAL PARK) TO R-5
(MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.11-acre site located approximately 350 feet
south of the southwest corner of 22nd Avenue and Dunlap Avenue in a portion of
Section 36, Township 3 North, Range 2 East, as described more specifically in Exhibit
“A”, is hereby changed from “IND.PK” (Industrial Park) to “R-5” (Multifamily Residence
District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B”.
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 618
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. For any development that modifies the cumulative floor area of any building by
more than 25 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, the public sidewalk along 22nd Avenue
shall be constructed to a minimum width of 6 feet and detached from the back
of curb by a minimum 8-foot-wide landscape area planted to the following
standards, as approved by the Planning and Development Department. Where
utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with the
creation of a comfortable pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at maximum height of 24 inches to provide a minimum of 75
percent live coverage at maturity.
2. The public sidewalk along 23rd Avenue shall be constructed to a minimum
width of 6 feet and detached from the back of curb by a minimum 8-foot-wide
landscape area planted to the following standards, as approved by the
Planning and Development Department. Where utility conflicts exist, the
developer shall work with the Planning and Development Department on
alternative design solutions consistent with the creation of a comfortable
pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at a maximum height of 24 inches to provide a minimum of
75 percent live coverage at maturity.
3. The developer shall dedicate sidewalk easements along 22nd Avenue and
Page 619
23rd Avenue as needed to fully encompass the public sidewalks as stipulated,
as approved by the Planning and Development Department.
4. The developer shall provide an internal network of shaded pedestrian
thoroughfares as described below and as approved or modified by the
Planning and Development Department.
a. Include internal and direct pedestrian pathways of no less than 5 feet in
width between the building entrances, the public sidewalks along both
22nd and 23rd avenues, and the amenity areas.
b. All internal pathways shall include a clear separation from vehicular
maneuvering areas with all vehicular crossings being clearly delineated
using decorative pavers, stamped or colored concrete, or other
pavement treatment, other than those used to pave the parking surfaces
and drive aisles.
c. All internal pathways shall be shaded to a minimum 50 percent.
5. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
up to a maximum of 50 spaces, located near the entrances to the
building, and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance. Alternatively, bicycle parking may be
provided entirely with secure bicycle parking facilities or a mix thereof.
b. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility to residents.
6. For redevelopment that modifies the cumulative floor area of any building by
more than 50 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, a minimum of 10 percent of the required
parking spaces shall be EV Ready.
7. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for
the Archaeology Office to properly assess the materials.
Page 620
9. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May 2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 621
EXHIBIT A
LEGAL DESCRIPTION FOR Z-88-22-5
COMMENCING AT THE NORTH QUARTER OF SECTION 36, TOWNSHIP 3 NORTH,
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA: THENCE SOUTH 00°17'31" WEST ALONG THE
NORTH/SOUTHMIDSECTION LINE OF SAID SECTION 36, SAID LINE ALSO BEING
THE CENTERLINE OF 23RD AVENUE, A DISTANCE OF 575.03 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 89°28'00" EAST, A DISTANCE OF 335.05
FEET;THENCE NORTH 00°17'54" EAST, A DISTANCE OF 218.03 FEET;THENCE
NORTH 89°27'22" EAST, A DISTANCE OF 438.72 FEETTO THE CENTERLINE OF
22ND AVENUE; THENCE SOUTH 00°32'14" EAST, ALONG THE SAID CENTERLINE,A
DISTANCE OF 299.82 FEET TO A POINT OF CURVATURE; THENCE THRU A CURVE
TO THE RIGHT HAVING A CENTRAL ANGLE OF 4°21'20", A RADIUS OF 1100.00
FEET AND AN ARCLENGTH OF 83.62 FEET TO A POINT; THENCE SOUTH 89°29'56"
WEST, A DISTANCE OF 776.16 FEETTO A POINT ON THE CENTERLINE OF THE
SAID 23RD AVENUE, THENCE NORTH 00°17'31" EAST, ALONG SAID
CENTERLINE,A DISTANCE OF 164.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 224,356 S.F. OR 5.15 ACRES +/-
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ATTACHMENT B
Staff Report Z-88-22-5
March 8, 2023
North Mountain Village Planning March 15, 2023
Committee Meeting Date:
Planning Commission Hearing Date: April 13, 2023
Request From: IND.PK (Industrial Park) (5.11 acres)
Request To: R-5 (Multifamily Residence District
(5.11 acres)
Proposed Use: Multifamily Residential
Location: Approximately 350 feet south of the
southwest corner of 22nd Avenue and
Dunlap Avenue
Owner: QOZ 22nd Avenue Property, LLC
Applicant and Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations
General Plan Conformity
Industrial (GPA-NM-1-22-5
General Plan Land Use Map Designation
proposes a Mixed-Use designation)
Local
22nd Avenue 33 foot west half street
Street
Street Map
Classification
Minor
23rd Avenue 33 foot east half street
Collector
CONNECT PEOPLE AND PLACES CORE VALUE; TRANSIT ORIENTED
DEVELOPMENT; LAND USE PRINCIPLE; Encourage high-density housing and
high intensity employment uses to locate adjacent or close to transit stations
per adopted transit district plans.
The proposal, as stipulated, will contribute to a pattern of horizontal mixed-use near
multiple light rail stations in a manner consistent with the 19North Transit Oriented
Development Policy Plan. The addition of residential dwellings will support ridership
on the light rail while offering its residents an affordable mode of transportation. As
stipulated, the proposal will directly advance transit orientation in the area by
providing shaded and detached sidewalks along both public street frontages and by
including bicycle parking to further extend the reach of the nearby light rail.
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March 8, 2023
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; HEALTHY NEIGHBORHOODS; DESIGN PRINCIPLE: Establish design
standards and guidelines for parking lots and structures, setback and build-to
lines, blank wall space, shade, and other elements affecting pedestrians, to
encourage pedestrian activity and identify options for providing pedestrian-
oriented design in different types of development.
The proposed development, as stipulated, include design and development standards
to encourage walking, bicycling, and transit use. These standards include a shaded
streetscape, units fronting onto the public sidewalk, parking situated away from the
public street, and on-site amenities.
CONNECT PEOPLE AND PLACES CORE VALUE; BICYCLES; DESIGN
PRINCIPLE: Development should include convenient bicycle parking.
The proposed development, as stipulated, includes bicycle facilities to encourage
bicycling and transit use to leverage its proximity to the light rail stations. Features
include secure bicycle parking for residents and/or convenient racks for guests, and a
bicycle repair station for residents.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; DESIGN PRINCIPLE:
Integrate trees and shade into the design of new development and
redevelopment projects throughout Phoenix.
The proposed development, as stipulated, will create shaded and detached sidewalks
along both 22nd Avenue and 23rd Avenue and these sidewalks will be shaded to 75
percent. The 23rd Avenue sidewalk will be detached and shaded upon the adaptive
reuse of the site while the 22nd Avenue sidewalk will be detached and shaded upon
the redevelopment of the site. These improvements will serve to create comfortable
pedestrian environments along two streets leading directly to light rail stations.
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Promote and encourage compatible development and
redevelopment with a mix of housing types in neighborhoods close to
employment centers, commercial areas, and where transit or transportation
alternatives exist.
The proposal will introduce ownership housing opportunities in the 19North area with
close access to two light rail stations, a major community park, and the North
Mountain Primary Village Core. These additional housing opportunities supports goals
contained in the Housing Phoenix Plan to preserve and create 50,000 units by 2030.
Further, the proposal supports the redevelopment and revitalization of the North
Mountain Village Primary Core by adding housing units near major redevelopment
sites such as Metrocenter Mall.
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Staff Report: Z-88-22-5
March 8, 2023
Applicable Plans, Overlays, and Initiatives
TOD Strategic Policy Framework: Background Item No. 4.
19North Transit Oriented Development Policy Plan: Background Item No. 5.
North Mountain Village Character Plan: Background Item No. 7.
North Mountain Redevelopment Area Plan: Background Item No. 10
Tree and Shade Master Plan: Background Item No. 11.
Complete Streets Guidelines: Background Item No. 12.
Housing Phoenix: Background Item No. 13.
Zero Waste PHX: Background Item No. 14.
Transportation Electrification Action Plan: Background Item No. 15.
Surrounding Land Uses and Zoning
Land Use Zoning
Office building, parking
On Site IND.PK
structure, surface parking
South Office buildings IND.PK
Office, parking structure,
North CP/GCP
surface parking
Higher education facility,
East (across 22nd Ave.) IND.PK
surface parking
West (east of 23rd Ave.) Surface parking CP/GCP
North of Townley Ave:
Vacant lot C-O (Approved CP/BP)
West (across 23rd Ave.)
South of Townley Ave: IND.PK
Office building
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Staff Report: Z-88-22-5
March 8, 2023
R-5 (Multifamily Residence District)
(Subdivision Development Option)
Standards Requirements Proposed Site Plan
Gross Acreage - 5.11 acres
Maximum Density (dwelling 43.5 28.38 (Met)
units / acres)
Maximum Dwelling Units 222 145 (Met)
Maximum Building Height 4 stories, 48 feet 3 stories, 40 feet (Met)
Minimum Building Setback
Front Yard (22nd Ave) 20 feet 50 feet (Met)
Front Yard (23rd Ave) 15 feet 36 feet (Met)
Side Yard (North) 3 feet Varies, 30 to 43 feet
(Met)
Side Yard (South) 10 feet Varies, 42 to 93 feet
(Met)
Minimum Landscape Setback
Front Yard (22nd Ave) 20 feet 28 feet (Met)
Front Yard (23rd Ave) 20 feet 36 feet (Met)
Side Yard (North) 5 feet 0 feet, driveway (*Not
Met)
Side Yard (South) 5 feet Varies, 5 to 12 feet
(Met)
Maximum Lot Coverage 50 percent 55.15 percent* (Not
Met)
Minimum Open Space 5 percent Not provided
Minimum Amenities Provided Two required Two provided (Met)
Minimum Parking (spaces) 223 439
*Existing Condition
Background/Issues/Analysis
SUBJECT SITE
1. This request is to rezone 5.11 acres located approximately 350 feet south of the
southwest corner of 22nd Avenue and Dunlap Avenue from 5.11 acres of IND.PK
(Industrial Park) to 5.11 acres of R-5 (Multifamily Residence District). The request
to rezone is accompanied by General Plan Amendment No. GPA-NM-1-22-5 which
is required by the Phoenix General Plan and proposes a General Plan Land Use
Map designation of Mixed-Use.
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Staff Report: Z-88-22-5
March 8, 2023
Oblique Aerial Imagery; Source: Maricopa County; Annotations by the Planning and
Development Department
SURROUNDING LAND USES AND ZONING
2. The subject site contains one three-story office building, a three level parking
structure (including parking on the roof deck), and surface parking. The Zoning
Sketch Map, included as an exhibit to this report, depicts zoning entitlements for
the subject site and the surrounding area. The surrounding area includes a
concentration of underutilized offices, parking structures, and surface parking. The
subject site and many of the adjacent properties are zoned IND.PK (Industrial
Park) which is an obsolete zoning district that now defers to CP (Commerce Park)
standards. The CP zoning district contains four development options that allow
maximum heights ranging from 40 feet to 56 feet by right.
The subject site is occupied by an office building, parking structure, and surface
parking developed under IND.PK (Industrial Park) zoning. To the south of the
subject site are three one-story office buildings with IND.PK (Industrial Park)
zoning. To the north of the subject site is a four story office building, a two level
parking structure, and a surface parking lot with CP/GCP (Commerce Park /
General Commerce Park option) zoning. To the east of the subject site across
22nd Avenue is occupied by Carrington College. To the west of the subject site
across 23rd Avenue are two properties with distinct zoning. North of Townley
Avenue is a vacant and undeveloped site with approved CP/BP (Commerce Park /
Business Park option) zoning. South of Townley Avenue is a one-story office
building zoned IND.PK.
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Staff Report: Z-88-22-5
March 8, 2023
The subject site and the proposed development that would convert the existing
three-story office building to multifamily residential is compatible with the
surrounding area including nearby properties and light rail transit.
GENERAL PLAN LAND USE MAP
3. The General Plan Land Use General Plan Land Use Map; Source: Planning and
Map depicts a designation Development Department
for the subject site is
currently Industrial. The
proposed request is
residential which is not
permitted in an Industrial
Plan designation. The
applicant is requesting a
companion General Plan
Amendment (GPA-NM-1-22-
5) to change the designation
from Industrial to Mixed-Use.
The subject site is located within the 19North Transit Oriented Development Policy
Plan which was approved as an amendment to the City’s General Plan. The
19North Transit Oriented Development Policy Plan supports development and
redevelopment in a format that is walkable and contains a mix of uses. The subject
site is located within 0.30 miles of the North Mountain Village Core which has long
been envisioned for the greatest intensity of land development. Due to these
factors, the development proposal is consistent with the Mixed-Use designation
requested by GPA-NM-1-22-5.
4. Transit Oriented Transit Oriented Development Strategic Policy Framework, Place
Development Type Map Excerpt; Source: Planning and Development Department
Strategic Policy
Framework:
The Transit Oriented
Development
Strategic Policy
Framework is part of
the City’s General
Plan. The framework
identifies planning
typologies to describe
urban environments.
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Staff Report: Z-88-22-5
March 8, 2023
The subject site is located within 0.25 miles the from the light rail station located at
24th Avenue and Dunlap Avenue which is identified as a Medium Urban Center.
The Medium Urban Center Place Type is characterized by medium intensity with
building heights typically from three to six stories and up to 10 when incentive
criteria are met. The proposal for the conversion of a three-story office to
multifamily residential is consistent with the intensity envisioned by the Medium
Urban Center Place Type.
5. 19North Transit Oriented Development (TOD) Policy Plan:
The site is located within the 19North TOD Planning Area which is bound by 15th
Avenue on the east, 23rd Avenue on the west, Montebello Avenue on the south,
and Dunlap Avenue on the north. The policy plan for the 19North TOD District
provides a blueprint for fully achieving the transformative potential of light rail in a
sustainable manner.
Changes advocated in the plan can lower transportation costs for residents, create
new business opportunities, encourage active, healthy lifestyles, ensure Phoenix
increases its competitive advantage in the global marketplace, and improve
prosperity by growing the economy in locations with existing infrastructure and
public services.
Specific to the subject site, the proposal helps advance the goals of the 19North
TOD Policy Plan in several ways.
• The plan emphasizes the importance of horizontal mixed use so residents
can easily access light rail and other destinations in the area such as
employment. The development proposal advances the community’s vision
for a mix of complementary uses through GPA-NM-1-22-5 which changes
the General Plan Land Use Map designation from Industrial to Mixed Use.
• The plan stresses the importance of pedestrian comfort and the reduction of
the urban heat island and a “green pedestrian realm” that is inclusive of
shaded and detached sidewalks. To advance progress toward this goal,
staff is recommending Stipulation No. 1 and 2 to require shaded and
detached sidewalks along both 22nd and 23rd Avenues respectively with
enhanced landscape planting standards for each. As proposed, Stipulation
No. 2 would require the streetscape improvements upon the adaptive reuse
conversion of the site and Stipulation No. 1 would require improvements
upon redevelopment or substantial modification of the site from that
depicted on the conceptual site plans. Staff is further recommending
Stipulation No. 3 to require that all public sidewalk improvements are
located within a sidewalk easement.
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Staff Report: Z-88-22-5
March 8, 2023
• The plan also emphasizes the importance of bicycle infrastructure such as
parking as a way of encouraging affordable transportation, extending the
“reach” of the regional light rail, and decreasing the city’s reliance on single-
occupant vehicles for transportation. To advance progress toward this goal,
staff is recommending Stipulation No. 5 to require the developer to provide
secure bicycle parking for residents and/or convenient bicycle parking for
guests, and a bicycle repair station (fix-it station) to help promote the
reliability of bicycles for transportation.
6. The proposed development is overparked by 132 vehicle parking spaces and this
is inconsistent with the intent of the City Council adopted Transit Oriented
Development Strategic Policy Framework and the 19North Transit Oriented
Development Policy Plan. If the site were redeveloped from scratch, staff would
ask the developer to utilize the Walkable Urban (WU) Code which is specifically
tailored to implement transit oriented development. In the WU Code, the proximity
of the site within 0.25 miles of the nearest light rail stations, would allow for an
additional reduction of 25 percent. As such, staff strongly encourages this surplus
parking be redeveloped in a subsequent phase or be utilized by adjacent sites
through a shared parking agreement to offset their minimum parking requirements.
7. North Mountain Village Character Plan:
The Norrth Mountain Village Character Plan was approved and adopted into the
Phoenix General Plan through General Plan Amendment GPA-1-19. The project is
aligned with the general goals identified in the North Mountain Village Character
Plan but most specifically the following items:
• Land Use Principle: Cores, centers and corridors to be configured in a
walkable manner and include a variety of land uses: office, retail shopping,
entertainment and cultural, housing, hotel and resort, and, where
appropriate, some types of industry. The proposal will introduce housing to
an area with diverse employment and service opportunities which will
support walkability.
• Land Use Principle: Locate land uses with the greatest height and most
intense uses within limits based on village character, land use needs,
infrastructure and transportation system capacity. The proposal will convert
an underutilized office building into multifamily residential units within
walking distance of two light rail stations.
PROPOSAL
8. Site Plan
The applicant is proposing to convert the three-story office building to multifamily
residential including a mix of studio, one-bedroom, and two-bedroom units. The
applicant’s narrative discusses the possibility of a second phase at the location of
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Staff Report: Z-88-22-5
March 8, 2023
the parking structure adjacent to 23rd Avenue. The proposal will also add
amenities to the site such as a swimming pool and sun deck in the existing
courtyard, a dog park, pickleball courts, bench seating and picnic tables, a
barbeque pavilion with grills, and tables in a park-like setting and an open
recreation space for games like cornhole and ladder golf.
The adaptive reuse conversion of the site will maintain the three driveways onto
the site including one from 22nd Avenue, another from 22nd Avenue that is shared
with the property to the north, and one from 23rd Avenue. The site plan depicts the
addition of multiple resident amenities south of the existing office building that
would eliminate the through-connection between 22nd and 23rd Avenue. A cross
access agreement will be required during the site plan review process.
The proposed site plan depicts the existing attached sidewalks along 22nd and
23rd avenues to remain. Due to the proximity to light rail and guidance from the
19North Transit Oriented Development Policy Plan, staff is recommending
Stipulations No. 1 and 2 to require shaded and detached sidewalks along both
streets respectively. As a conversion of a commercial office that was constructed
before the light rail, staff is recommending Stipulation No. 4 to require a system of
internal pedestrian pathways to connect residents to both public sidewalks and all
amenity areas.
Proposed Site Plan; Source: Architectural Collaborative Team
The proposed development retains the existing 355 space parking structure and an
additional 150 surface parking spaces which far exceeds the 223 vehicle parking
spaces required by the number of units. Due to the proximity of nearby light rail
stations, this surplus is incongruent with adopted policy and, therefore, staff
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encourages this surplus be redeveloped in a subsequent phase or be utilized by
adjacent sites through a shared parking agreement.
9. Conceptual Building Elevations
The applicant provided conceptual renderings of the converted office building that
maintains the general aesthetic of the existing building but will add a horizontal
color feature to add visual interest.
Conceptual Elevation Renderings; Source: Architectural Collaborative Team
STUDIES AND POLICIES
10. North Mountain Redevelopment Area North Mountain Redevelopment Area Plan
Plan: Study Area; Source: Planning and Development
The North Mountain Redevelopment
Area Plan, adopted in 2013, examined
the general vicinity of the subject site.
The study calls for a myriad of efforts to
advance economic development and
quality of life in the area including
recommendations in support of the
redevelopment of Metrocenter Mall, the
expansion of high-capacity transit, and
the creation of alternative transportation
infrastructure. The proposal will support
walkability and renewed economic
vitality on an underutilized site.
11. Tree and Shade Master Plan:
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached from
the curbs to allow trees to be planted on both sides of the sidewalk to provide
thermal comfort for pedestrians and to reduce the urban heat island effect.
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March 8, 2023
The proposal, as stipulated, aligns with the Tree and Shade Master Plan by
introducing adding shaded and detached sidewalks along both 22nd Avenue and
23rd Avenue to comfortably convey pedestrians to light rail, employment, and other
destinations. These items are addressed in Stipulation Nos. 1 and 2 respectively.
12. Complete Streets Guidelines:
The City of Phoenix City Council adopted the Complete Streets Guiding Principles.
The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles.
The proposal, as stipulated, includes shaded and detached sidewalks along both
22nd and 23rd Avenues and bicycle facilities such as parking and a fix it station.
These items are addressed in Stipulation Nos. 1, 2, and 5 respectively.
13. Housing Phoenix:
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This
Plan contains policy initiatives for the development and preservation of housing
with the vision of creating a stronger and more vibrant Phoenix through increased
housing options for residents at all income levels and family sizes. Phoenix’s rapid
population growth and housing underproduction has led to a need for over 163,000
new housing units. Current shortages of housing supply relative to demand are a
primary reason why housing costs are increasing.
The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
address the supply shortage at a more rapid pace while using vacant or
underutilized land in a more sustainable fashion.
14. Zero Waste Phoenix PHX:
The City of Phoenix is committed to its waste diversion efforts and has set a goal to
become a zero-waste city, as part of the City’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial, and mixed-use developments
meeting certain criteria. The provision of recycling containers was not addressed in
the applicant’s submittal; however, the adaptive reuse conversion of the existing
building will divert a significant amount of potential waste from the landfill.
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15. Transportation Electrification Action Plan:
In June 2022, the Phoenix City Council approved the Transportation Electrification
Action Plan. The current market desire for the electrification of transportation is
both a national and global phenomenon, fueled by a desire for better air quality, a
reduction in carbon emissions, and a reduction in vehicle operating and
maintenance costs. Businesses, governments and the public are signaling strong
future demand for electric vehicles (EVs), and many automobile manufacturers
have declared plans for a transition to fully electric offerings within the coming
decade. This Plan contains policy initiatives to prepare the City for a future filled
with more EVs, charging infrastructure and e-mobility equity, and outlines a
roadmap for a five step plan to prepare for the EV infrastructure needs of 280,000
EVs in Phoenix by 2030. One goal of the Plan to accelerate public adoption of
electric vehicles through workplace, business, and multifamily charging
infrastructure recommends a standard stipulation for rezoning cases to provide EV
charging infrastructure. This is addressed in Stipulation No. 6 which shall require
10 percent of required vehicle parking spaces be “EV Ready” upon the
redevelopment of the site or a modification of the existing floor area by more than
50 percent including demolition.
COMMUNITY CORRESONDENCE
16. As of the writing of this report, no community correspondence was received by staff
regarding this request.
INTERDEPARTMENTAL COMMENTS
17. The Street Transportation Department noted that the subject site is located within
the 19North Transit Oriented Development Policy Plan area and that the
community has identified enhanced streetscapes as being a priority and further
recommended that bicycle parking and infrastructure be provided to support transit
ridership. The Street Transportation Department provided stipulation language to
require detached sidewalks along both public streets, to require that all sidewalks
be located within a dedicated sidewalk easement, and to require that any street
improvements required be constructed by the developer with all required elements
and to ADA accessibility standards. These are addressed in Stipulation Nos. 1, 2,
3, 5, and 7.
OTHER
18. The site has not been identified as being archaeologically sensitive. However, in
the event archaeological materials are encountered during construction, all ground
disturbing activities must cease within 33-feet of the discovery and the City of
Phoenix Archaeology Office must be notified immediately and allowed time to
properly assess the materials. This is addressed in Stipulation No. 8.
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March 8, 2023
19. Staff has not received a completed form for the Waiver of Claims for Diminution in
Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by
the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 9.
20. Development and use of the site are subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements. Other
formal actions such as, but not limited to, zoning adjustments and abandonments
may be required.
Findings
1. The development proposal, as stipulated, is compatible with the surrounding
area.
2. The development proposal, as stipulated, will create a strong pedestrian
environment along both 22nd and 23rd Avenues with shaded and detached
sidewalks to convey residents safely and comfortably to the North Mountain
Village Core and the nearby light rail stations.
3. The proposal will create additional housing options in line with the Housing
Phoenix Plan’s goal of preserving or creating 50,000 housing units by 2030.
Stipulations
1. For any development that modifies the cumulative floor area of any building by
more than 25 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, the public sidewalk along 22nd Avenue
shall be constructed to a minimum width of 6 feet and detached from the back
of curb by a minimum 8-foot-wide landscape area planted to the following
standards, as approved by the Planning and Development Department. Where
utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with the
creation of a comfortable pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.
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b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at maximum height of 24 inches to provide a minimum of 75
percent live coverage at maturity.
2. The public sidewalk along 23rd Avenue shall be constructed to a minimum
width of 6 feet and detached from the back of curb by a minimum 8-foot-wide
landscape area planted to the following standards, as approved by the
Planning and Development Department. Where utility conflicts exist, the
developer shall work with the Planning and Development Department on
alternative design solutions consistent with the creation of a comfortable
pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at a maximum height of 24 inches to provide a minimum of
75 percent live coverage at maturity.
3. The developer shall dedicate sidewalk easements along 22nd Avenue and
23rd Avenue as needed to fully encompass the public sidewalks as stipulated,
as approved by the Planning and Development Department.
4. The developer shall provide an internal network of shaded pedestrian
thoroughfares as described below and as approved or modified by the
Planning and Development Department.
a. Include internal and direct pedestrian pathways of no less than 5 feet in
width between the building entrances, the public sidewalks along both
22nd and 23rd avenues, and the amenity areas.
b. All internal pathways shall include a clear separation from vehicular
maneuvering areas with all vehicular crossings being clearly delineated
using decorative pavers, stamped or colored concrete, or other
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pavement treatment, other than those used to pave the parking surfaces
and drive aisles.
c. All internal pathways shall be shaded to a minimum 50 percent.
5. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
up to a maximum of 50 spaces, located near the entrances to the
building, and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance. Alternatively, bicycle parking may be
provided entirely with secure bicycle parking facilities or a mix thereof.
b. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility to residents.
6. For redevelopment that modifies the cumulative floor area of any building by
more than 50 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, a minimum of 10% of the required parking
spaces shall be EV Ready.
7. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for
the Archaeology Office to properly assess the materials.
9. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Writer
Nick Klimek
March 8, 2023
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Staff Report: Z-88-22-5
March 8, 2023
Team Leader
Racelle Escolar
Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped December 14, 2022
Conceptual Building Elevations date stamped December 14, 2022 (2 pages)
Conceptual Rendering date stamped December 14, 2022
Page 639
24TH AVE
IND.PK. * CP/GCP * R-3A * R-5 *
Z-278-79 Z-162-88 Z-82-95 Z-102-94
DUNLAP AVE
22ND AVE
CP/GCP
Z-81-95
R-4 * C-O *
23RD AVE
Z-46-83 Z-201-79
CP/BP *
Z-175-88
TOWNLEY AVE
IND.PK. *
Z-74-81
Z-96-81
ALICE AVE
P-1
IMiles
GREENWAY RD
ACOMA DR
THUNDERBIRD RD
Z-88-22
SWEETWATER AVE
North Mountain
0.045 0.0225 0 0.045
NORTH MOUNTAIN VILLAGE
CACTUS RD Preserve
CHOLLA ST
PEORIA AVE
CITY COUNCIL DISTRICT: 5 A rizo
na C a
n
DUNLAP AVE al
BUTLER DR
NORTHERN AVE
27TH AVE
35TH AVE 31ST AVE 19TH AVE 7TH AVE 7TH ST 12TH ST
43RD AVE 39TH AVE 15TH AVE
CENTRAL AVE
INTERSTATE 17
23RD AVE
APPLICANT'S NAME: REQUESTED CHANGE:
Jason Morris, Withey Morris, PLC
FROM:
IND. PK. ( 5.11 a.c.)
APPLICATION NO. DATE:
1/24/2023
Z-88-22 REVISION DATES:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
5.11 Acres QS 26-24 J-7 TO: R-5 ( 5.11 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
IND. PK. N/A N/A
R-5 222 266
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-88-22.mxd
Page 640
24TH AVE
IND.PK. * CP/GCP * R-3A * R-5 *
Z-278-79 Z-162-88 Z-82-95 Z-102-94
DUNLAP AVE
22ND AVE
CP/GCP
Z-81-95
R-4 * C-O *
23RD AVE
Z-46-83 Z-201-79
CP/BP *
Z-175-88
TOWNLEY AVE
IND.PK. *
Z-74-81
Z-96-81
ALICE AVE
P-1 Maricopa County Assessor's
IMiles
GREENWAY RD
ACOMA DR
THUNDERBIRD RD
Z-88-22
SWEETWATER AVE
North Mountain
0.045 0.0225 0 0.045
NORTH MOUNTAIN VILLAGE
CACTUS RD Preserve
CHOLLA ST
PEORIA AVE
CITY COUNCIL DISTRICT: 5 A rizo
na C a
n
DUNLAP AVE al
BUTLER DR
NORTHERN AVE
27TH AVE
35TH AVE 31ST AVE 19TH AVE 7TH AVE 7TH ST 12TH ST
43RD AVE 39TH AVE 15TH AVE
CENTRAL AVE
INTERSTATE 17
23RD AVE
APPLICANT'S NAME: REQUESTED CHANGE:
Jason Morris, Withey Morris, PLC
FROM:
IND. PK. ( 5.11 a.c.)
APPLICATION NO. DATE:
1/24/2023
Z-88-22 REVISION DATES:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
5.11 Acres QS 26-24 J-7 TO: R-5 ( 5.11 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
IND. PK. N/A N/A
R-5 222 266
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-88-22.mxd
Page 641
THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE
AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE
TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE
DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND
SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE
EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL
COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE
DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED
DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE
JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE
DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS.
SHOULD IT APPEAR THAT ANY WORK COVERED BY THE
CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF
CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL
NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC
IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS
CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY
ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL
BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO PROCEEDING WITH ANY WORK.
DUNLAP AVE. 1854.00'
• • • •• • •• • •• ••• • • • •• • ••••••••••••••••••••••
LOT 1, BK 317, PG 37 M.C.R.
APN 158-05-037A
EXISTING FIRE
HYDRANT
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
SPEED BUMPS
ENTRY DRIVE
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
117'-0" DRAINAGE 33'-0" R/W PER
EASEMENT PER BK 274,
BK 274, PG 22 M.C.R. PG 22 M.C.R.
8'-0" P.U.E. PER
AN ADAPTIVE RE-USE
BK 274, PG
22 M.C.R
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
575.03'
TO AN EXISTING BUILDING AT
• •• • ••• • ••• • ••• ••• • • •• • •••••••••••••••••••••••••
EXISTING BUILDING
F.F. 1221.51
22ND AVE.
SPEED
ENTRY BUMPS
POOL DECK
8900 NORTH 22ND AVENUE
• • • •• • •• • •• • • • • • • • • • • •
33.00'
POOL
45x25
POOL DECK
ENTRY
PHOENIX, ARIZONA 85021
• • • •• • •• • •• ••• • • •• • ••••••••••••••••••••• LOT 1, BK 274, PG 22 M.C.R.
APN 158-05-030
23RD AVE.
8'-0" P.U.E.
PER BK 274,
PG 22 M.C.R.
• • • •• • •• • •• ••• • • • •• • ••••••••••••••••••••••
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
TRASH
EXISTING PARKING ENCLOSURE
GARAGE F.F. 1219.40 YARD FIRE PIT AND
(FIRST FLOOR) GAMES
2048.31'
SEATING
AREA
LANDSCAPE
AREA MARQUEE EXISTING FIRE
ASPHALT PAVING WALL HYDRANT
ENTRY DRIVE
R=1067'00'
• • • • ••• • ••• • •••••••••••••
BBQ L=83.31'
BARK PARK PAVILION
33'-0" R/W
PER BK 274, PICKLEBALL COURT PICKLEBALL COURT
PG 22 M.C.R. SPEED BUMPS SPEED BUMPS LANDSCAPE
AREA
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
GRAPHIC SCALE
• • • •• • •• • •• • • • • • • • • • • •
33.10'
0 15' 30' 60'
LOT 2, BK 244, PG 39 M.C.R. TRUE NORTH PLAN NORTH
LOT 9, BK 244, PG 39 M.C.R.
APN 158-05-007
APN 158-05-014
NORTH NORTH
OVERALL SITE PLAN
24 NEW SCALE: 1" = 30'-0"
No. Revision/Issue Date
ARCHITECTURAL
COLLABORATIVE
TEAM
723 EAST DIAMOND DRIVE
TEMPE, ARIZONA 85283
PH. 480-897-6411
EXPIRES 06/30/2024
Project Sheet
22-017
Date
Scale
AS NOTED
Page 642
THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE
AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE
TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE
DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND
SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE
EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL
COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE
DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED
DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE
JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE
DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS.
SHOULD IT APPEAR THAT ANY WORK COVERED BY THE
CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF
CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL
+40-4" TOP OF PARAPET NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC
IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS
CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY
ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL
BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO PROCEEDING WITH ANY WORK.
+32'-6"
+26'-10"
+24'-0" THIRD FLOOR
+20'-6"
+14'-10"
+12'-0" SECOND FLOOR
+8'-6"
+2'-10"
0.0 FIRST FLOOR
OVERALL EXTERIOR ELEVATION - NORTH
22 EXISTING - AS FOUND SCALE: 1/8" = 1'-0"
+40-4" TOP OF PARAPET
AN ADAPTIVE RE-USE
+32'-6"
+26'-10"
+24'-0" THIRD FLOOR
TO AN EXISTING BUILDING AT
+20'-6"
+14'-10"
+12'-0" SECOND FLOOR
8900 NORTH 22ND AVENUE
+8'-6"
+2'-10"
0.0 FIRST FLOOR
PHOENIX, ARIZONA 85021
OVERALL EXTERIOR ELEVATION - EAST
23 EXISTING - AS FOUND SCALE: 1/8" = 1'-0"
+40-4" TOP OF PARAPET
+32'-6"
+26'-10"
+24'-0" THIRD FLOOR
+20'-6"
+14'-10"
+12'-0" SECOND FLOOR
+8'-6"
+2'-10"
0.0 FIRST FLOOR
OVERALL EXTERIOR ELEVATION - SOUTH
24 EXISTING - AS FOUND SCALE: 1/8" = 1'-0"
+40-4" TOP OF PARAPET
No. Revision/Issue Date
+32'-6"
ARCHITECTURAL
COLLABORATIVE
+26'-10" TEAM
+24'-0" THIRD FLOOR
723 EAST DIAMOND DRIVE
TEMPE, ARIZONA 85283
+20'-6" PH. 480-897-6411
+14'-10"
+12'-0" SECOND FLOOR
+8'-6"
+2'-10"
0.0 FIRST FLOOR EXPIRES 06/30/2024
GRAPHIC SCALE Project Sheet
OVERALL EXTERIOR ELEVATION - WEST
25 EXISTING - AS FOUND SCALE: 1/8" = 1'-0"
22-017
0 4' 8' 16' Date
Scale
AS NOTED
Page 643
THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE
AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE
TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE
DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND
SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE
EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL
COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE
DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED
DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE
JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE
DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS.
SHOULD IT APPEAR THAT ANY WORK COVERED BY THE
CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF
CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL
NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC
IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS
CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY
ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL
BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO PROCEEDING WITH ANY WORK.
21'-8"
17'-4"
13'-0"
8'-8"
4'-4"
0'-0"
stair
OVERALL EXTERIOR ELEVATION - NORTH
16 EXISTING - AS FOUND - PARKING GARAGE SCALE: 1/16" = 1'-0"
AN ADAPTIVE RE-USE
21'-8"
17'-4"
13'-0"
8'-8"
4'-4"
TO AN EXISTING BUILDING AT
0'-0"
stair
OVERALL EXTERIOR ELEVATION - EAST
12 EXISTING - AS FOUND - PARKING GARAGE SCALE: 1/16" = 1'-0"
8900 NORTH 22ND AVENUE
21'-8"
17'-4"
PHOENIX, ARIZONA 85021
13'-0"
8'-8"
4'-4"
0'-0"
OVERALL EXTERIOR ELEVATION - SOUTH
18 EXISTING - AS FOUND - PARKING GARAGE SCALE: 1/16" = 1'-0"
21'-8"
17'-4"
13'-0"
8'-8"
4'-4"
0'-0"
OVERALL EXTERIOR ELEVATION - WEST
14 EXISTING - AS FOUND - PARKING GARAGE SCALE: 1/6" = 1'-0"
No. Revision/Issue Date
ARCHITECTURAL
COLLABORATIVE
TEAM
723 EAST DIAMOND DRIVE
TEMPE, ARIZONA 85283
PH. 480-897-6411
EXPIRES 06/30/2024
GRAPHIC SCALE Project Sheet
22-017
0 8' 16' 32' Date
Scale
AS NOTED
Page 644
THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE
AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE
TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE
DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND
SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE
EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL
COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE
DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED
DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE
JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE
DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS.
SHOULD IT APPEAR THAT ANY WORK COVERED BY THE
CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF
CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL
NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC
IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS
CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY
ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL
BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO PROCEEDING WITH ANY WORK.
AN ADAPTIVE RE-USE
TO AN EXISTING BUILDING AT
8900 NORTH 22ND AVENUE
PHOENIX, ARIZONA 85021
No. Revision/Issue Date
ARCHITECTURAL
COLLABORATIVE
TEAM
723 EAST DIAMOND DRIVE
TEMPE, ARIZONA 85283
PH. 480-897-6411
EXPIRES 06/30/2024
Project Sheet
22-017
Date
Scale
AS NOTED
Page 645
ATTACHMENT C
Village Planning Committee Meeting Summary
Z-88-22-5 (COMPANION GPA-NM-1-23-5)
Date of VPC Meeting March 15, 2023
Request From IND.PK
Request To R-5
Proposed Use Multifamily Residence District
Location Approximately 350 feet south of the southwest corner
of 22nd Avenue and Dunlap Avenue
VPC Recommendation Approval, per the staff recommendation
VPC Vote 12-0-0
VPC DISCUSSION:
Item No. 4 (GPA-NM-1-22-5) and Item No. 5 (Z-88-22-5) are companion cases and
were heard together.
No speaker cards were received on this item.
STAFF PRESENTATION
Mr. Nick Klimek, staff, provided an overview of the site, its policy context, the
proposal, and the staff recommendation of the General Plan Amendment and
development proposal.
APPLICANT PRESENTATION
Mr. Jason Morris, of Withey Morris, introduced himself as representing the applicant.
Mr. Morris shared the General Plan Amendment request to change the designation
from Industrial to Mixed-Use, and the proposal is to rezone the property from Industrial
Park to R-5 zone to allow multifamily residential. This proposal is an adaptive reuse
project with additions of amenities for residents. Mr. Morris mentioned the request is
an appropriate use of Light Rail Corridor where additional density is warranted, and
the request will also enhance a vacant office building that will benefit residents of the
area.
QUESTIONS FROM COMMITTEE
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 646
North Mountain Village Planning Committee
Meeting Summary
Z-88-22-5 (Companion Case: GPA-NM-1-22-5)
Committee Member Whitney mentioned he enjoyed the presentation. Mr. Whitney
inquired about the units’ price point, and whether the units are going to be rented or
sold. Mr. Morris replied he imagines the units will be rented at a work-force friendly
price point.
Committee Member Larson inquired about affordable housing and noted that it is
deeply needed in this area. Mr. Morris agreed as affordable housing is needed in this
area, and the purpose behind this project is to offer market rate prices with many
amenities for its residents.
Committee Member Matthews inquired about the east lot parking adjacent to 22nd
Avenue and the largely unshaded areas of parking. Mr. Matthews also inquired about
a possible pedestrian accessway that would extend directly east from the building
entrance to the public sidewalk on 22ndd Avenue which would break up the parking lot
and provide direct access to the light rail stop. Mr. Morris replied there is possibility of
providing shaded structures for parking or diamonds. Mr. Morris replied the city has a
stipulation that will require pedestrian access to the light rail station. Committee
Member Matthews again suggested that there should be a pedestrian pathway
extending directly east between the building entrance and the public sidewalk along
22nd Avenue
Committee Member McBride inquired about the TOD Policy Plan for the Northwest
Phase 2 about her outreach efforts to gain input from Jason Morris and his team. Mr.
Morris replied the applicant looks forward to being a part of that process as they
realize their responsibility to being a developer in the area.
Chair Jaramillo inquired about Stipulation 2 that may benefit pedestrians. Mr. Morris
replied that Stipulation No. 2 regarding detach sidewalks will make a difference in the
walkability in the area.
PUBLIC COMMENTS
None.
APPLICANT RESPONSE
None.
COMMITTEE DISCUSSION
None.
MOTION
Committee Member Whitney made a motion to approve Z-88-22-5, per the staff
recommendation. Committee Member McBride seconded.
VOTE
12-0-0; motion to recommend approval of Z-88-22-5, per the staff recommendation,
passed with Committee Members Alauria, Argiro, Larson, Lenz, Matthews, McBride,
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 647
North Mountain Village Planning Committee
Meeting Summary
Z-88-22-5 (Companion Case: GPA-NM-1-22-5)
O'Hara, Perez, Sommacampagna, Whitney, Vice Chair Fogelson, and Chair Jaramillo
in favor; none in opposition, and none abstaining.
STAFF COMMENTS REGARDING VPC RECOMMENDATION:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 648
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 7
DISTRICT NO.: 5
SUBJECT:
Application #: Z-88-22-5 (Companion Case GPA-NM-1-22-5)
Location: Approximately 350 feet south of the southwest corner of 22nd Avenue and
Dunlap Avenue
From: Ind. Pk.
To: R-5
Acreage: 5.11
Proposal: Multifamily residential
Applicant: Jason Morris, Withey Morris, PLC
Owner: QOZ 22nd Avenue Property, LLC
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation:
North Mountain 3/15/2023 Approval, per the staff recommendation. Vote: 12-0.
Planning Commission Recommendation: Approval, per the North Mountain Village Planning
Committee recommendation.
Motion Discussion: N/A
Motion details: Commissioner Boyd made a MOTION to approve Z-88-22-5, per the North
Mountain Village Planning Committee recommendation.
Maker: Boyd
Second: Mangum
Vote: 5-0
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: No
Findings:
1. The development proposal, as stipulated, is compatible with the surrounding area.
2. The development proposal, as stipulated, will create a strong pedestrian environment
along both 22nd and 23rd Avenues with shaded and detached sidewalks to convey
residents safely and comfortably to the North Mountain Village Core and the nearby
light rail stations.
3. The proposal will create additional housing options in line with the Housing Phoenix
Plan’s goal of preserving or creating 50,000 housing units by 2030.
Page 649
Stipulations:
1. For any development that modifies the cumulative floor area of any building by more
than 25 percent, including demolition, from that depicted on the site plan date stamped
December 14, 2022, the public sidewalk along 22nd Avenue shall be constructed to a
minimum width of 6 feet and detached from the back of curb by a minimum 8-foot-wide
landscape area planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions consistent with
the creation of a comfortable pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on center or in
equivalent groupings. Fifty percent of the required trees shall be a minimum 3-
inch caliper and 50 percent shall be a minimum 2-inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75 percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be maintained at
maximum height of 24 inches to provide a minimum of 75 percent live coverage
at maturity.
2. The public sidewalk along 23rd Avenue shall be constructed to a minimum width of 6
feet and detached from the back of curb by a minimum 8-foot-wide landscape area
planted to the following standards, as approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with the creation of
a comfortable pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on center or in
equivalent groupings. Fifty percent of the required trees shall be a minimum 3-
inch caliper and 50 percent shall be a minimum 2-inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75 percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be maintained at a
maximum height of 24 inches to provide a minimum of 75 percent live coverage
at maturity.
3. The developer shall dedicate sidewalk easements along 22nd Avenue and 23rd
Avenue as needed to fully encompass the public sidewalks as stipulated, as approved
by the Planning and Development Department.
4. The developer shall provide an internal network of shaded pedestrian thoroughfares as
described below and as approved or modified by the Planning and Development
Department.
a. Include internal and direct pedestrian pathways of no less than 5 feet in width
between the building entrances, the public sidewalks along both 22nd and 23rd
avenues, and the amenity areas.
b. All internal pathways shall include a clear separation from vehicular
maneuvering areas with all vehicular crossings being clearly delineated using
decorative pavers, stamped or colored concrete, or other pavement treatment,
Page 650
other than those used to pave the parking surfaces and drive aisles.
c. All internal pathways shall be shaded to a minimum 50 percent.
5. The developer shall incorporate bicycle infrastructure as described below and as
approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit up to a
maximum of 50 spaces, located near the entrances to the building, and installed
per the requirements of Section 1307.H of the Phoenix Zoning Ordinance.
Alternatively, bicycle parking may be provided entirely with secure bicycle
parking facilities or a mix thereof.
b. One bicycle repair station shall be provided and maintained by the developer in
an area of high visibility to residents.
6. For redevelopment that modifies the cumulative floor area of any building by more than
50 percent, including demolition, from that depicted on the site plan date stamped
December 14, 2022, a minimum of 10% of the required parking spaces shall be EV
Ready.
7. The developer shall construct all streets within and adjacent to the development with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping,
and other incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.
8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
9. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning application
file for record.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 651
Report
Approximately 350 Feet South of the Southwest Corner of 22nd Avenue and
Dunlap Avenue (Ordinance G-7111)
Request to hold a public hearing and amend the Phoenix Zoning Ordinance, Section
601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application
Z-88-22-5 and rezone the site from IND.PK (Industrial Park) to R-5 (Multifamily
Residence District) to allow for multifamily residential. This is a companion case and
must be heard following GPA-NM-1-22-5.
Summary
Current Zoning: IND.PK
Proposed Zoning: R-5
Acreage: 5.11 acres
Proposed Use: Multifamily residential
Owner: QOZ 22nd Avenue Property, LLC
Applicant/Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The North Mountain Village Planning Committee heard the case on March
15, 2023, and recommended approval, per the staff recommendation, by a vote of
12-0.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the North Mountain Village Planning Committee
recommendation, by a vote of 5-0.
Location
Approximately 350 feet south of the southwest corner of 22nd Avenue and Dunlap
Avenue
Council District: 5
Parcel Addresses: 8900 and 8902 N. 22nd Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 617
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
(CASE Z-88-22-5) FROM IND.PK (INDUSTRIAL PARK) TO R-5
(MULTIFAMILY RESIDENCE DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.11-acre site located approximately 350 feet
south of the southwest corner of 22nd Avenue and Dunlap Avenue in a portion of
Section 36, Township 3 North, Range 2 East, as described more specifically in Exhibit
“A”, is hereby changed from “IND.PK” (Industrial Park) to “R-5” (Multifamily Residence
District).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B”.
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 618
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. For any development that modifies the cumulative floor area of any building by
more than 25 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, the public sidewalk along 22nd Avenue
shall be constructed to a minimum width of 6 feet and detached from the back
of curb by a minimum 8-foot-wide landscape area planted to the following
standards, as approved by the Planning and Development Department. Where
utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with the
creation of a comfortable pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at maximum height of 24 inches to provide a minimum of 75
percent live coverage at maturity.
2. The public sidewalk along 23rd Avenue shall be constructed to a minimum
width of 6 feet and detached from the back of curb by a minimum 8-foot-wide
landscape area planted to the following standards, as approved by the
Planning and Development Department. Where utility conflicts exist, the
developer shall work with the Planning and Development Department on
alternative design solutions consistent with the creation of a comfortable
pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at a maximum height of 24 inches to provide a minimum of
75 percent live coverage at maturity.
3. The developer shall dedicate sidewalk easements along 22nd Avenue and
Page 619
23rd Avenue as needed to fully encompass the public sidewalks as stipulated,
as approved by the Planning and Development Department.
4. The developer shall provide an internal network of shaded pedestrian
thoroughfares as described below and as approved or modified by the
Planning and Development Department.
a. Include internal and direct pedestrian pathways of no less than 5 feet in
width between the building entrances, the public sidewalks along both
22nd and 23rd avenues, and the amenity areas.
b. All internal pathways shall include a clear separation from vehicular
maneuvering areas with all vehicular crossings being clearly delineated
using decorative pavers, stamped or colored concrete, or other
pavement treatment, other than those used to pave the parking surfaces
and drive aisles.
c. All internal pathways shall be shaded to a minimum 50 percent.
5. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
up to a maximum of 50 spaces, located near the entrances to the
building, and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance. Alternatively, bicycle parking may be
provided entirely with secure bicycle parking facilities or a mix thereof.
b. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility to residents.
6. For redevelopment that modifies the cumulative floor area of any building by
more than 50 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, a minimum of 10 percent of the required
parking spaces shall be EV Ready.
7. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for
the Archaeology Office to properly assess the materials.
Page 620
9. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May 2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
Page 621
EXHIBIT A
LEGAL DESCRIPTION FOR Z-88-22-5
COMMENCING AT THE NORTH QUARTER OF SECTION 36, TOWNSHIP 3 NORTH,
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA: THENCE SOUTH 00°17'31" WEST ALONG THE
NORTH/SOUTHMIDSECTION LINE OF SAID SECTION 36, SAID LINE ALSO BEING
THE CENTERLINE OF 23RD AVENUE, A DISTANCE OF 575.03 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 89°28'00" EAST, A DISTANCE OF 335.05
FEET;THENCE NORTH 00°17'54" EAST, A DISTANCE OF 218.03 FEET;THENCE
NORTH 89°27'22" EAST, A DISTANCE OF 438.72 FEETTO THE CENTERLINE OF
22ND AVENUE; THENCE SOUTH 00°32'14" EAST, ALONG THE SAID CENTERLINE,A
DISTANCE OF 299.82 FEET TO A POINT OF CURVATURE; THENCE THRU A CURVE
TO THE RIGHT HAVING A CENTRAL ANGLE OF 4°21'20", A RADIUS OF 1100.00
FEET AND AN ARCLENGTH OF 83.62 FEET TO A POINT; THENCE SOUTH 89°29'56"
WEST, A DISTANCE OF 776.16 FEETTO A POINT ON THE CENTERLINE OF THE
SAID 23RD AVENUE, THENCE NORTH 00°17'31" EAST, ALONG SAID
CENTERLINE,A DISTANCE OF 164.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 224,356 S.F. OR 5.15 ACRES +/-
Page 622
Page 623
ATTACHMENT B
Staff Report Z-88-22-5
March 8, 2023
North Mountain Village Planning March 15, 2023
Committee Meeting Date:
Planning Commission Hearing Date: April 13, 2023
Request From: IND.PK (Industrial Park) (5.11 acres)
Request To: R-5 (Multifamily Residence District
(5.11 acres)
Proposed Use: Multifamily Residential
Location: Approximately 350 feet south of the
southwest corner of 22nd Avenue and
Dunlap Avenue
Owner: QOZ 22nd Avenue Property, LLC
Applicant and Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations
General Plan Conformity
Industrial (GPA-NM-1-22-5
General Plan Land Use Map Designation
proposes a Mixed-Use designation)
Local
22nd Avenue 33 foot west half street
Street
Street Map
Classification
Minor
23rd Avenue 33 foot east half street
Collector
CONNECT PEOPLE AND PLACES CORE VALUE; TRANSIT ORIENTED
DEVELOPMENT; LAND USE PRINCIPLE; Encourage high-density housing and
high intensity employment uses to locate adjacent or close to transit stations
per adopted transit district plans.
The proposal, as stipulated, will contribute to a pattern of horizontal mixed-use near
multiple light rail stations in a manner consistent with the 19North Transit Oriented
Development Policy Plan. The addition of residential dwellings will support ridership
on the light rail while offering its residents an affordable mode of transportation. As
stipulated, the proposal will directly advance transit orientation in the area by
providing shaded and detached sidewalks along both public street frontages and by
including bicycle parking to further extend the reach of the nearby light rail.
Page 624
Staff Report: Z-88-22-5
March 8, 2023
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; HEALTHY NEIGHBORHOODS; DESIGN PRINCIPLE: Establish design
standards and guidelines for parking lots and structures, setback and build-to
lines, blank wall space, shade, and other elements affecting pedestrians, to
encourage pedestrian activity and identify options for providing pedestrian-
oriented design in different types of development.
The proposed development, as stipulated, include design and development standards
to encourage walking, bicycling, and transit use. These standards include a shaded
streetscape, units fronting onto the public sidewalk, parking situated away from the
public street, and on-site amenities.
CONNECT PEOPLE AND PLACES CORE VALUE; BICYCLES; DESIGN
PRINCIPLE: Development should include convenient bicycle parking.
The proposed development, as stipulated, includes bicycle facilities to encourage
bicycling and transit use to leverage its proximity to the light rail stations. Features
include secure bicycle parking for residents and/or convenient racks for guests, and a
bicycle repair station for residents.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; DESIGN PRINCIPLE:
Integrate trees and shade into the design of new development and
redevelopment projects throughout Phoenix.
The proposed development, as stipulated, will create shaded and detached sidewalks
along both 22nd Avenue and 23rd Avenue and these sidewalks will be shaded to 75
percent. The 23rd Avenue sidewalk will be detached and shaded upon the adaptive
reuse of the site while the 22nd Avenue sidewalk will be detached and shaded upon
the redevelopment of the site. These improvements will serve to create comfortable
pedestrian environments along two streets leading directly to light rail stations.
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Promote and encourage compatible development and
redevelopment with a mix of housing types in neighborhoods close to
employment centers, commercial areas, and where transit or transportation
alternatives exist.
The proposal will introduce ownership housing opportunities in the 19North area with
close access to two light rail stations, a major community park, and the North
Mountain Primary Village Core. These additional housing opportunities supports goals
contained in the Housing Phoenix Plan to preserve and create 50,000 units by 2030.
Further, the proposal supports the redevelopment and revitalization of the North
Mountain Village Primary Core by adding housing units near major redevelopment
sites such as Metrocenter Mall.
Page 625
Staff Report: Z-88-22-5
March 8, 2023
Applicable Plans, Overlays, and Initiatives
TOD Strategic Policy Framework: Background Item No. 4.
19North Transit Oriented Development Policy Plan: Background Item No. 5.
North Mountain Village Character Plan: Background Item No. 7.
North Mountain Redevelopment Area Plan: Background Item No. 10
Tree and Shade Master Plan: Background Item No. 11.
Complete Streets Guidelines: Background Item No. 12.
Housing Phoenix: Background Item No. 13.
Zero Waste PHX: Background Item No. 14.
Transportation Electrification Action Plan: Background Item No. 15.
Surrounding Land Uses and Zoning
Land Use Zoning
Office building, parking
On Site IND.PK
structure, surface parking
South Office buildings IND.PK
Office, parking structure,
North CP/GCP
surface parking
Higher education facility,
East (across 22nd Ave.) IND.PK
surface parking
West (east of 23rd Ave.) Surface parking CP/GCP
North of Townley Ave:
Vacant lot C-O (Approved CP/BP)
West (across 23rd Ave.)
South of Townley Ave: IND.PK
Office building
Page 626
Staff Report: Z-88-22-5
March 8, 2023
R-5 (Multifamily Residence District)
(Subdivision Development Option)
Standards Requirements Proposed Site Plan
Gross Acreage - 5.11 acres
Maximum Density (dwelling 43.5 28.38 (Met)
units / acres)
Maximum Dwelling Units 222 145 (Met)
Maximum Building Height 4 stories, 48 feet 3 stories, 40 feet (Met)
Minimum Building Setback
Front Yard (22nd Ave) 20 feet 50 feet (Met)
Front Yard (23rd Ave) 15 feet 36 feet (Met)
Side Yard (North) 3 feet Varies, 30 to 43 feet
(Met)
Side Yard (South) 10 feet Varies, 42 to 93 feet
(Met)
Minimum Landscape Setback
Front Yard (22nd Ave) 20 feet 28 feet (Met)
Front Yard (23rd Ave) 20 feet 36 feet (Met)
Side Yard (North) 5 feet 0 feet, driveway (*Not
Met)
Side Yard (South) 5 feet Varies, 5 to 12 feet
(Met)
Maximum Lot Coverage 50 percent 55.15 percent* (Not
Met)
Minimum Open Space 5 percent Not provided
Minimum Amenities Provided Two required Two provided (Met)
Minimum Parking (spaces) 223 439
*Existing Condition
Background/Issues/Analysis
SUBJECT SITE
1. This request is to rezone 5.11 acres located approximately 350 feet south of the
southwest corner of 22nd Avenue and Dunlap Avenue from 5.11 acres of IND.PK
(Industrial Park) to 5.11 acres of R-5 (Multifamily Residence District). The request
to rezone is accompanied by General Plan Amendment No. GPA-NM-1-22-5 which
is required by the Phoenix General Plan and proposes a General Plan Land Use
Map designation of Mixed-Use.
Page 627
Staff Report: Z-88-22-5
March 8, 2023
Oblique Aerial Imagery; Source: Maricopa County; Annotations by the Planning and
Development Department
SURROUNDING LAND USES AND ZONING
2. The subject site contains one three-story office building, a three level parking
structure (including parking on the roof deck), and surface parking. The Zoning
Sketch Map, included as an exhibit to this report, depicts zoning entitlements for
the subject site and the surrounding area. The surrounding area includes a
concentration of underutilized offices, parking structures, and surface parking. The
subject site and many of the adjacent properties are zoned IND.PK (Industrial
Park) which is an obsolete zoning district that now defers to CP (Commerce Park)
standards. The CP zoning district contains four development options that allow
maximum heights ranging from 40 feet to 56 feet by right.
The subject site is occupied by an office building, parking structure, and surface
parking developed under IND.PK (Industrial Park) zoning. To the south of the
subject site are three one-story office buildings with IND.PK (Industrial Park)
zoning. To the north of the subject site is a four story office building, a two level
parking structure, and a surface parking lot with CP/GCP (Commerce Park /
General Commerce Park option) zoning. To the east of the subject site across
22nd Avenue is occupied by Carrington College. To the west of the subject site
across 23rd Avenue are two properties with distinct zoning. North of Townley
Avenue is a vacant and undeveloped site with approved CP/BP (Commerce Park /
Business Park option) zoning. South of Townley Avenue is a one-story office
building zoned IND.PK.
Page 628
Staff Report: Z-88-22-5
March 8, 2023
The subject site and the proposed development that would convert the existing
three-story office building to multifamily residential is compatible with the
surrounding area including nearby properties and light rail transit.
GENERAL PLAN LAND USE MAP
3. The General Plan Land Use General Plan Land Use Map; Source: Planning and
Map depicts a designation Development Department
for the subject site is
currently Industrial. The
proposed request is
residential which is not
permitted in an Industrial
Plan designation. The
applicant is requesting a
companion General Plan
Amendment (GPA-NM-1-22-
5) to change the designation
from Industrial to Mixed-Use.
The subject site is located within the 19North Transit Oriented Development Policy
Plan which was approved as an amendment to the City’s General Plan. The
19North Transit Oriented Development Policy Plan supports development and
redevelopment in a format that is walkable and contains a mix of uses. The subject
site is located within 0.30 miles of the North Mountain Village Core which has long
been envisioned for the greatest intensity of land development. Due to these
factors, the development proposal is consistent with the Mixed-Use designation
requested by GPA-NM-1-22-5.
4. Transit Oriented Transit Oriented Development Strategic Policy Framework, Place
Development Type Map Excerpt; Source: Planning and Development Department
Strategic Policy
Framework:
The Transit Oriented
Development
Strategic Policy
Framework is part of
the City’s General
Plan. The framework
identifies planning
typologies to describe
urban environments.
Page 629
Staff Report: Z-88-22-5
March 8, 2023
The subject site is located within 0.25 miles the from the light rail station located at
24th Avenue and Dunlap Avenue which is identified as a Medium Urban Center.
The Medium Urban Center Place Type is characterized by medium intensity with
building heights typically from three to six stories and up to 10 when incentive
criteria are met. The proposal for the conversion of a three-story office to
multifamily residential is consistent with the intensity envisioned by the Medium
Urban Center Place Type.
5. 19North Transit Oriented Development (TOD) Policy Plan:
The site is located within the 19North TOD Planning Area which is bound by 15th
Avenue on the east, 23rd Avenue on the west, Montebello Avenue on the south,
and Dunlap Avenue on the north. The policy plan for the 19North TOD District
provides a blueprint for fully achieving the transformative potential of light rail in a
sustainable manner.
Changes advocated in the plan can lower transportation costs for residents, create
new business opportunities, encourage active, healthy lifestyles, ensure Phoenix
increases its competitive advantage in the global marketplace, and improve
prosperity by growing the economy in locations with existing infrastructure and
public services.
Specific to the subject site, the proposal helps advance the goals of the 19North
TOD Policy Plan in several ways.
• The plan emphasizes the importance of horizontal mixed use so residents
can easily access light rail and other destinations in the area such as
employment. The development proposal advances the community’s vision
for a mix of complementary uses through GPA-NM-1-22-5 which changes
the General Plan Land Use Map designation from Industrial to Mixed Use.
• The plan stresses the importance of pedestrian comfort and the reduction of
the urban heat island and a “green pedestrian realm” that is inclusive of
shaded and detached sidewalks. To advance progress toward this goal,
staff is recommending Stipulation No. 1 and 2 to require shaded and
detached sidewalks along both 22nd and 23rd Avenues respectively with
enhanced landscape planting standards for each. As proposed, Stipulation
No. 2 would require the streetscape improvements upon the adaptive reuse
conversion of the site and Stipulation No. 1 would require improvements
upon redevelopment or substantial modification of the site from that
depicted on the conceptual site plans. Staff is further recommending
Stipulation No. 3 to require that all public sidewalk improvements are
located within a sidewalk easement.
Page 630
Staff Report: Z-88-22-5
March 8, 2023
• The plan also emphasizes the importance of bicycle infrastructure such as
parking as a way of encouraging affordable transportation, extending the
“reach” of the regional light rail, and decreasing the city’s reliance on single-
occupant vehicles for transportation. To advance progress toward this goal,
staff is recommending Stipulation No. 5 to require the developer to provide
secure bicycle parking for residents and/or convenient bicycle parking for
guests, and a bicycle repair station (fix-it station) to help promote the
reliability of bicycles for transportation.
6. The proposed development is overparked by 132 vehicle parking spaces and this
is inconsistent with the intent of the City Council adopted Transit Oriented
Development Strategic Policy Framework and the 19North Transit Oriented
Development Policy Plan. If the site were redeveloped from scratch, staff would
ask the developer to utilize the Walkable Urban (WU) Code which is specifically
tailored to implement transit oriented development. In the WU Code, the proximity
of the site within 0.25 miles of the nearest light rail stations, would allow for an
additional reduction of 25 percent. As such, staff strongly encourages this surplus
parking be redeveloped in a subsequent phase or be utilized by adjacent sites
through a shared parking agreement to offset their minimum parking requirements.
7. North Mountain Village Character Plan:
The Norrth Mountain Village Character Plan was approved and adopted into the
Phoenix General Plan through General Plan Amendment GPA-1-19. The project is
aligned with the general goals identified in the North Mountain Village Character
Plan but most specifically the following items:
• Land Use Principle: Cores, centers and corridors to be configured in a
walkable manner and include a variety of land uses: office, retail shopping,
entertainment and cultural, housing, hotel and resort, and, where
appropriate, some types of industry. The proposal will introduce housing to
an area with diverse employment and service opportunities which will
support walkability.
• Land Use Principle: Locate land uses with the greatest height and most
intense uses within limits based on village character, land use needs,
infrastructure and transportation system capacity. The proposal will convert
an underutilized office building into multifamily residential units within
walking distance of two light rail stations.
PROPOSAL
8. Site Plan
The applicant is proposing to convert the three-story office building to multifamily
residential including a mix of studio, one-bedroom, and two-bedroom units. The
applicant’s narrative discusses the possibility of a second phase at the location of
Page 631
Staff Report: Z-88-22-5
March 8, 2023
the parking structure adjacent to 23rd Avenue. The proposal will also add
amenities to the site such as a swimming pool and sun deck in the existing
courtyard, a dog park, pickleball courts, bench seating and picnic tables, a
barbeque pavilion with grills, and tables in a park-like setting and an open
recreation space for games like cornhole and ladder golf.
The adaptive reuse conversion of the site will maintain the three driveways onto
the site including one from 22nd Avenue, another from 22nd Avenue that is shared
with the property to the north, and one from 23rd Avenue. The site plan depicts the
addition of multiple resident amenities south of the existing office building that
would eliminate the through-connection between 22nd and 23rd Avenue. A cross
access agreement will be required during the site plan review process.
The proposed site plan depicts the existing attached sidewalks along 22nd and
23rd avenues to remain. Due to the proximity to light rail and guidance from the
19North Transit Oriented Development Policy Plan, staff is recommending
Stipulations No. 1 and 2 to require shaded and detached sidewalks along both
streets respectively. As a conversion of a commercial office that was constructed
before the light rail, staff is recommending Stipulation No. 4 to require a system of
internal pedestrian pathways to connect residents to both public sidewalks and all
amenity areas.
Proposed Site Plan; Source: Architectural Collaborative Team
The proposed development retains the existing 355 space parking structure and an
additional 150 surface parking spaces which far exceeds the 223 vehicle parking
spaces required by the number of units. Due to the proximity of nearby light rail
stations, this surplus is incongruent with adopted policy and, therefore, staff
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Staff Report: Z-88-22-5
March 8, 2023
encourages this surplus be redeveloped in a subsequent phase or be utilized by
adjacent sites through a shared parking agreement.
9. Conceptual Building Elevations
The applicant provided conceptual renderings of the converted office building that
maintains the general aesthetic of the existing building but will add a horizontal
color feature to add visual interest.
Conceptual Elevation Renderings; Source: Architectural Collaborative Team
STUDIES AND POLICIES
10. North Mountain Redevelopment Area North Mountain Redevelopment Area Plan
Plan: Study Area; Source: Planning and Development
The North Mountain Redevelopment
Area Plan, adopted in 2013, examined
the general vicinity of the subject site.
The study calls for a myriad of efforts to
advance economic development and
quality of life in the area including
recommendations in support of the
redevelopment of Metrocenter Mall, the
expansion of high-capacity transit, and
the creation of alternative transportation
infrastructure. The proposal will support
walkability and renewed economic
vitality on an underutilized site.
11. Tree and Shade Master Plan:
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached from
the curbs to allow trees to be planted on both sides of the sidewalk to provide
thermal comfort for pedestrians and to reduce the urban heat island effect.
Page 633
Staff Report: Z-88-22-5
March 8, 2023
The proposal, as stipulated, aligns with the Tree and Shade Master Plan by
introducing adding shaded and detached sidewalks along both 22nd Avenue and
23rd Avenue to comfortably convey pedestrians to light rail, employment, and other
destinations. These items are addressed in Stipulation Nos. 1 and 2 respectively.
12. Complete Streets Guidelines:
The City of Phoenix City Council adopted the Complete Streets Guiding Principles.
The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles.
The proposal, as stipulated, includes shaded and detached sidewalks along both
22nd and 23rd Avenues and bicycle facilities such as parking and a fix it station.
These items are addressed in Stipulation Nos. 1, 2, and 5 respectively.
13. Housing Phoenix:
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This
Plan contains policy initiatives for the development and preservation of housing
with the vision of creating a stronger and more vibrant Phoenix through increased
housing options for residents at all income levels and family sizes. Phoenix’s rapid
population growth and housing underproduction has led to a need for over 163,000
new housing units. Current shortages of housing supply relative to demand are a
primary reason why housing costs are increasing.
The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
address the supply shortage at a more rapid pace while using vacant or
underutilized land in a more sustainable fashion.
14. Zero Waste Phoenix PHX:
The City of Phoenix is committed to its waste diversion efforts and has set a goal to
become a zero-waste city, as part of the City’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial, and mixed-use developments
meeting certain criteria. The provision of recycling containers was not addressed in
the applicant’s submittal; however, the adaptive reuse conversion of the existing
building will divert a significant amount of potential waste from the landfill.
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Staff Report: Z-88-22-5
March 8, 2023
15. Transportation Electrification Action Plan:
In June 2022, the Phoenix City Council approved the Transportation Electrification
Action Plan. The current market desire for the electrification of transportation is
both a national and global phenomenon, fueled by a desire for better air quality, a
reduction in carbon emissions, and a reduction in vehicle operating and
maintenance costs. Businesses, governments and the public are signaling strong
future demand for electric vehicles (EVs), and many automobile manufacturers
have declared plans for a transition to fully electric offerings within the coming
decade. This Plan contains policy initiatives to prepare the City for a future filled
with more EVs, charging infrastructure and e-mobility equity, and outlines a
roadmap for a five step plan to prepare for the EV infrastructure needs of 280,000
EVs in Phoenix by 2030. One goal of the Plan to accelerate public adoption of
electric vehicles through workplace, business, and multifamily charging
infrastructure recommends a standard stipulation for rezoning cases to provide EV
charging infrastructure. This is addressed in Stipulation No. 6 which shall require
10 percent of required vehicle parking spaces be “EV Ready” upon the
redevelopment of the site or a modification of the existing floor area by more than
50 percent including demolition.
COMMUNITY CORRESONDENCE
16. As of the writing of this report, no community correspondence was received by staff
regarding this request.
INTERDEPARTMENTAL COMMENTS
17. The Street Transportation Department noted that the subject site is located within
the 19North Transit Oriented Development Policy Plan area and that the
community has identified enhanced streetscapes as being a priority and further
recommended that bicycle parking and infrastructure be provided to support transit
ridership. The Street Transportation Department provided stipulation language to
require detached sidewalks along both public streets, to require that all sidewalks
be located within a dedicated sidewalk easement, and to require that any street
improvements required be constructed by the developer with all required elements
and to ADA accessibility standards. These are addressed in Stipulation Nos. 1, 2,
3, 5, and 7.
OTHER
18. The site has not been identified as being archaeologically sensitive. However, in
the event archaeological materials are encountered during construction, all ground
disturbing activities must cease within 33-feet of the discovery and the City of
Phoenix Archaeology Office must be notified immediately and allowed time to
properly assess the materials. This is addressed in Stipulation No. 8.
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Staff Report: Z-88-22-5
March 8, 2023
19. Staff has not received a completed form for the Waiver of Claims for Diminution in
Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by
the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 9.
20. Development and use of the site are subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements. Other
formal actions such as, but not limited to, zoning adjustments and abandonments
may be required.
Findings
1. The development proposal, as stipulated, is compatible with the surrounding
area.
2. The development proposal, as stipulated, will create a strong pedestrian
environment along both 22nd and 23rd Avenues with shaded and detached
sidewalks to convey residents safely and comfortably to the North Mountain
Village Core and the nearby light rail stations.
3. The proposal will create additional housing options in line with the Housing
Phoenix Plan’s goal of preserving or creating 50,000 housing units by 2030.
Stipulations
1. For any development that modifies the cumulative floor area of any building by
more than 25 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, the public sidewalk along 22nd Avenue
shall be constructed to a minimum width of 6 feet and detached from the back
of curb by a minimum 8-foot-wide landscape area planted to the following
standards, as approved by the Planning and Development Department. Where
utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with the
creation of a comfortable pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.
Page 636
Staff Report: Z-88-22-5
March 8, 2023
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at maximum height of 24 inches to provide a minimum of 75
percent live coverage at maturity.
2. The public sidewalk along 23rd Avenue shall be constructed to a minimum
width of 6 feet and detached from the back of curb by a minimum 8-foot-wide
landscape area planted to the following standards, as approved by the
Planning and Development Department. Where utility conflicts exist, the
developer shall work with the Planning and Development Department on
alternative design solutions consistent with the creation of a comfortable
pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on
center or in equivalent groupings. Fifty percent of the required trees
shall be a minimum 3-inch caliper and 50 percent shall be a minimum 2-
inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be
maintained at a maximum height of 24 inches to provide a minimum of
75 percent live coverage at maturity.
3. The developer shall dedicate sidewalk easements along 22nd Avenue and
23rd Avenue as needed to fully encompass the public sidewalks as stipulated,
as approved by the Planning and Development Department.
4. The developer shall provide an internal network of shaded pedestrian
thoroughfares as described below and as approved or modified by the
Planning and Development Department.
a. Include internal and direct pedestrian pathways of no less than 5 feet in
width between the building entrances, the public sidewalks along both
22nd and 23rd avenues, and the amenity areas.
b. All internal pathways shall include a clear separation from vehicular
maneuvering areas with all vehicular crossings being clearly delineated
using decorative pavers, stamped or colored concrete, or other
Page 637
Staff Report: Z-88-22-5
March 8, 2023
pavement treatment, other than those used to pave the parking surfaces
and drive aisles.
c. All internal pathways shall be shaded to a minimum 50 percent.
5. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit
up to a maximum of 50 spaces, located near the entrances to the
building, and installed per the requirements of Section 1307.H of the
Phoenix Zoning Ordinance. Alternatively, bicycle parking may be
provided entirely with secure bicycle parking facilities or a mix thereof.
b. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility to residents.
6. For redevelopment that modifies the cumulative floor area of any building by
more than 50 percent, including demolition, from that depicted on the site plan
date stamped December 14, 2022, a minimum of 10% of the required parking
spaces shall be EV Ready.
7. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for
the Archaeology Office to properly assess the materials.
9. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Writer
Nick Klimek
March 8, 2023
Page 638
Staff Report: Z-88-22-5
March 8, 2023
Team Leader
Racelle Escolar
Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped December 14, 2022
Conceptual Building Elevations date stamped December 14, 2022 (2 pages)
Conceptual Rendering date stamped December 14, 2022
Page 639
24TH AVE
IND.PK. * CP/GCP * R-3A * R-5 *
Z-278-79 Z-162-88 Z-82-95 Z-102-94
DUNLAP AVE
22ND AVE
CP/GCP
Z-81-95
R-4 * C-O *
23RD AVE
Z-46-83 Z-201-79
CP/BP *
Z-175-88
TOWNLEY AVE
IND.PK. *
Z-74-81
Z-96-81
ALICE AVE
P-1
IMiles
GREENWAY RD
ACOMA DR
THUNDERBIRD RD
Z-88-22
SWEETWATER AVE
North Mountain
0.045 0.0225 0 0.045
NORTH MOUNTAIN VILLAGE
CACTUS RD Preserve
CHOLLA ST
PEORIA AVE
CITY COUNCIL DISTRICT: 5 A rizo
na C a
n
DUNLAP AVE al
BUTLER DR
NORTHERN AVE
27TH AVE
35TH AVE 31ST AVE 19TH AVE 7TH AVE 7TH ST 12TH ST
43RD AVE 39TH AVE 15TH AVE
CENTRAL AVE
INTERSTATE 17
23RD AVE
APPLICANT'S NAME: REQUESTED CHANGE:
Jason Morris, Withey Morris, PLC
FROM:
IND. PK. ( 5.11 a.c.)
APPLICATION NO. DATE:
1/24/2023
Z-88-22 REVISION DATES:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
5.11 Acres QS 26-24 J-7 TO: R-5 ( 5.11 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
IND. PK. N/A N/A
R-5 222 266
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-88-22.mxd
Page 640
24TH AVE
IND.PK. * CP/GCP * R-3A * R-5 *
Z-278-79 Z-162-88 Z-82-95 Z-102-94
DUNLAP AVE
22ND AVE
CP/GCP
Z-81-95
R-4 * C-O *
23RD AVE
Z-46-83 Z-201-79
CP/BP *
Z-175-88
TOWNLEY AVE
IND.PK. *
Z-74-81
Z-96-81
ALICE AVE
P-1 Maricopa County Assessor's
IMiles
GREENWAY RD
ACOMA DR
THUNDERBIRD RD
Z-88-22
SWEETWATER AVE
North Mountain
0.045 0.0225 0 0.045
NORTH MOUNTAIN VILLAGE
CACTUS RD Preserve
CHOLLA ST
PEORIA AVE
CITY COUNCIL DISTRICT: 5 A rizo
na C a
n
DUNLAP AVE al
BUTLER DR
NORTHERN AVE
27TH AVE
35TH AVE 31ST AVE 19TH AVE 7TH AVE 7TH ST 12TH ST
43RD AVE 39TH AVE 15TH AVE
CENTRAL AVE
INTERSTATE 17
23RD AVE
APPLICANT'S NAME: REQUESTED CHANGE:
Jason Morris, Withey Morris, PLC
FROM:
IND. PK. ( 5.11 a.c.)
APPLICATION NO. DATE:
1/24/2023
Z-88-22 REVISION DATES:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
5.11 Acres QS 26-24 J-7 TO: R-5 ( 5.11 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
IND. PK. N/A N/A
R-5 222 266
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-88-22.mxd
Page 641
THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE
AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE
TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE
DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND
SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE
EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL
COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE
DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED
DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE
JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE
DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS.
SHOULD IT APPEAR THAT ANY WORK COVERED BY THE
CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF
CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL
NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC
IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS
CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY
ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL
BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO PROCEEDING WITH ANY WORK.
DUNLAP AVE. 1854.00'
• • • •• • •• • •• ••• • • • •• • ••••••••••••••••••••••
LOT 1, BK 317, PG 37 M.C.R.
APN 158-05-037A
EXISTING FIRE
HYDRANT
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
SPEED BUMPS
ENTRY DRIVE
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
117'-0" DRAINAGE 33'-0" R/W PER
EASEMENT PER BK 274,
BK 274, PG 22 M.C.R. PG 22 M.C.R.
8'-0" P.U.E. PER
AN ADAPTIVE RE-USE
BK 274, PG
22 M.C.R
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
575.03'
TO AN EXISTING BUILDING AT
• •• • ••• • ••• • ••• ••• • • •• • •••••••••••••••••••••••••
EXISTING BUILDING
F.F. 1221.51
22ND AVE.
SPEED
ENTRY BUMPS
POOL DECK
8900 NORTH 22ND AVENUE
• • • •• • •• • •• • • • • • • • • • • •
33.00'
POOL
45x25
POOL DECK
ENTRY
PHOENIX, ARIZONA 85021
• • • •• • •• • •• ••• • • •• • ••••••••••••••••••••• LOT 1, BK 274, PG 22 M.C.R.
APN 158-05-030
23RD AVE.
8'-0" P.U.E.
PER BK 274,
PG 22 M.C.R.
• • • •• • •• • •• ••• • • • •• • ••••••••••••••••••••••
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
TRASH
EXISTING PARKING ENCLOSURE
GARAGE F.F. 1219.40 YARD FIRE PIT AND
(FIRST FLOOR) GAMES
2048.31'
SEATING
AREA
LANDSCAPE
AREA MARQUEE EXISTING FIRE
ASPHALT PAVING WALL HYDRANT
ENTRY DRIVE
R=1067'00'
• • • • ••• • ••• • •••••••••••••
BBQ L=83.31'
BARK PARK PAVILION
33'-0" R/W
PER BK 274, PICKLEBALL COURT PICKLEBALL COURT
PG 22 M.C.R. SPEED BUMPS SPEED BUMPS LANDSCAPE
AREA
• • • •• • •• • •• ••• • • •• • •••••••••••••••••••••
GRAPHIC SCALE
• • • •• • •• • •• • • • • • • • • • • •
33.10'
0 15' 30' 60'
LOT 2, BK 244, PG 39 M.C.R. TRUE NORTH PLAN NORTH
LOT 9, BK 244, PG 39 M.C.R.
APN 158-05-007
APN 158-05-014
NORTH NORTH
OVERALL SITE PLAN
24 NEW SCALE: 1" = 30'-0"
No. Revision/Issue Date
ARCHITECTURAL
COLLABORATIVE
TEAM
723 EAST DIAMOND DRIVE
TEMPE, ARIZONA 85283
PH. 480-897-6411
EXPIRES 06/30/2024
Project Sheet
22-017
Date
Scale
AS NOTED
Page 642
THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE
AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE
TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE
DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND
SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE
EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL
COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE
DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED
DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE
JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE
DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS.
SHOULD IT APPEAR THAT ANY WORK COVERED BY THE
CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF
CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL
+40-4" TOP OF PARAPET NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC
IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS
CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY
ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL
BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO PROCEEDING WITH ANY WORK.
+32'-6"
+26'-10"
+24'-0" THIRD FLOOR
+20'-6"
+14'-10"
+12'-0" SECOND FLOOR
+8'-6"
+2'-10"
0.0 FIRST FLOOR
OVERALL EXTERIOR ELEVATION - NORTH
22 EXISTING - AS FOUND SCALE: 1/8" = 1'-0"
+40-4" TOP OF PARAPET
AN ADAPTIVE RE-USE
+32'-6"
+26'-10"
+24'-0" THIRD FLOOR
TO AN EXISTING BUILDING AT
+20'-6"
+14'-10"
+12'-0" SECOND FLOOR
8900 NORTH 22ND AVENUE
+8'-6"
+2'-10"
0.0 FIRST FLOOR
PHOENIX, ARIZONA 85021
OVERALL EXTERIOR ELEVATION - EAST
23 EXISTING - AS FOUND SCALE: 1/8" = 1'-0"
+40-4" TOP OF PARAPET
+32'-6"
+26'-10"
+24'-0" THIRD FLOOR
+20'-6"
+14'-10"
+12'-0" SECOND FLOOR
+8'-6"
+2'-10"
0.0 FIRST FLOOR
OVERALL EXTERIOR ELEVATION - SOUTH
24 EXISTING - AS FOUND SCALE: 1/8" = 1'-0"
+40-4" TOP OF PARAPET
No. Revision/Issue Date
+32'-6"
ARCHITECTURAL
COLLABORATIVE
+26'-10" TEAM
+24'-0" THIRD FLOOR
723 EAST DIAMOND DRIVE
TEMPE, ARIZONA 85283
+20'-6" PH. 480-897-6411
+14'-10"
+12'-0" SECOND FLOOR
+8'-6"
+2'-10"
0.0 FIRST FLOOR EXPIRES 06/30/2024
GRAPHIC SCALE Project Sheet
OVERALL EXTERIOR ELEVATION - WEST
25 EXISTING - AS FOUND SCALE: 1/8" = 1'-0"
22-017
0 4' 8' 16' Date
Scale
AS NOTED
Page 643
THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE
AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE
TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE
DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND
SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE
EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL
COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE
DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED
DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE
JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE
DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS.
SHOULD IT APPEAR THAT ANY WORK COVERED BY THE
CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF
CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL
NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC
IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS
CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY
ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL
BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO PROCEEDING WITH ANY WORK.
21'-8"
17'-4"
13'-0"
8'-8"
4'-4"
0'-0"
stair
OVERALL EXTERIOR ELEVATION - NORTH
16 EXISTING - AS FOUND - PARKING GARAGE SCALE: 1/16" = 1'-0"
AN ADAPTIVE RE-USE
21'-8"
17'-4"
13'-0"
8'-8"
4'-4"
TO AN EXISTING BUILDING AT
0'-0"
stair
OVERALL EXTERIOR ELEVATION - EAST
12 EXISTING - AS FOUND - PARKING GARAGE SCALE: 1/16" = 1'-0"
8900 NORTH 22ND AVENUE
21'-8"
17'-4"
PHOENIX, ARIZONA 85021
13'-0"
8'-8"
4'-4"
0'-0"
OVERALL EXTERIOR ELEVATION - SOUTH
18 EXISTING - AS FOUND - PARKING GARAGE SCALE: 1/16" = 1'-0"
21'-8"
17'-4"
13'-0"
8'-8"
4'-4"
0'-0"
OVERALL EXTERIOR ELEVATION - WEST
14 EXISTING - AS FOUND - PARKING GARAGE SCALE: 1/6" = 1'-0"
No. Revision/Issue Date
ARCHITECTURAL
COLLABORATIVE
TEAM
723 EAST DIAMOND DRIVE
TEMPE, ARIZONA 85283
PH. 480-897-6411
EXPIRES 06/30/2024
GRAPHIC SCALE Project Sheet
22-017
0 8' 16' 32' Date
Scale
AS NOTED
Page 644
THESE DRAWINGS ARE COPYRIGHTED INSTRUMENTS OF SERVICE
AND ARE THE PROPERTY OF ARCHITECTURAL COLLABORATIVE
TEAM, LLC. ALL DESIGNS AND OTHER INFORMATION ON THE
DRAWINGS ARE FOR THE USE OF THE SPECIFIED PROJECT AND
SHALL NOT BE USED FOR ANY OTHER PROJECT WITHOUT THE
EXPRESSED WRITTEN PERMISSION OF ARCHITECTURAL
COLLABORATIVE TEAM, LLC. WRITTEN DIMENSIONS ON THESE
DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED
DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE
JOB AND ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL BE NOTIFIED IN WRITING OF ANY DEVIATIONS FROM THE
DIMENSIONS AND CONDITIONS INDICATED ON THE DRAWINGS.
SHOULD IT APPEAR THAT ANY WORK COVERED BY THE
CONTRACT IS NOT SUFFICIENTLY DETAILED OR EXPLAINED; OR IF
CONFLICTING INFORMATION EXISTS, THE CONTRACTOR SHALL
NOTIFY ARCHITECTURAL COLLABORATIVE TEAM, LLC
IN WRITING. ARCHITECTURAL COLLABORATIVE TEAM, LLC
SHALL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS
CAUSED BY THE CONTRACTOR'S FAILURE TO PROPERLY NOTIFY
ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO WORK BEING COMMENCED. SHOP DRAWINGS SHALL
BE SUBMITTED TO ARCHITECTURAL COLLABORATIVE TEAM, LLC
PRIOR TO PROCEEDING WITH ANY WORK.
AN ADAPTIVE RE-USE
TO AN EXISTING BUILDING AT
8900 NORTH 22ND AVENUE
PHOENIX, ARIZONA 85021
No. Revision/Issue Date
ARCHITECTURAL
COLLABORATIVE
TEAM
723 EAST DIAMOND DRIVE
TEMPE, ARIZONA 85283
PH. 480-897-6411
EXPIRES 06/30/2024
Project Sheet
22-017
Date
Scale
AS NOTED
Page 645
ATTACHMENT C
Village Planning Committee Meeting Summary
Z-88-22-5 (COMPANION GPA-NM-1-23-5)
Date of VPC Meeting March 15, 2023
Request From IND.PK
Request To R-5
Proposed Use Multifamily Residence District
Location Approximately 350 feet south of the southwest corner
of 22nd Avenue and Dunlap Avenue
VPC Recommendation Approval, per the staff recommendation
VPC Vote 12-0-0
VPC DISCUSSION:
Item No. 4 (GPA-NM-1-22-5) and Item No. 5 (Z-88-22-5) are companion cases and
were heard together.
No speaker cards were received on this item.
STAFF PRESENTATION
Mr. Nick Klimek, staff, provided an overview of the site, its policy context, the
proposal, and the staff recommendation of the General Plan Amendment and
development proposal.
APPLICANT PRESENTATION
Mr. Jason Morris, of Withey Morris, introduced himself as representing the applicant.
Mr. Morris shared the General Plan Amendment request to change the designation
from Industrial to Mixed-Use, and the proposal is to rezone the property from Industrial
Park to R-5 zone to allow multifamily residential. This proposal is an adaptive reuse
project with additions of amenities for residents. Mr. Morris mentioned the request is
an appropriate use of Light Rail Corridor where additional density is warranted, and
the request will also enhance a vacant office building that will benefit residents of the
area.
QUESTIONS FROM COMMITTEE
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 646
North Mountain Village Planning Committee
Meeting Summary
Z-88-22-5 (Companion Case: GPA-NM-1-22-5)
Committee Member Whitney mentioned he enjoyed the presentation. Mr. Whitney
inquired about the units’ price point, and whether the units are going to be rented or
sold. Mr. Morris replied he imagines the units will be rented at a work-force friendly
price point.
Committee Member Larson inquired about affordable housing and noted that it is
deeply needed in this area. Mr. Morris agreed as affordable housing is needed in this
area, and the purpose behind this project is to offer market rate prices with many
amenities for its residents.
Committee Member Matthews inquired about the east lot parking adjacent to 22nd
Avenue and the largely unshaded areas of parking. Mr. Matthews also inquired about
a possible pedestrian accessway that would extend directly east from the building
entrance to the public sidewalk on 22ndd Avenue which would break up the parking lot
and provide direct access to the light rail stop. Mr. Morris replied there is possibility of
providing shaded structures for parking or diamonds. Mr. Morris replied the city has a
stipulation that will require pedestrian access to the light rail station. Committee
Member Matthews again suggested that there should be a pedestrian pathway
extending directly east between the building entrance and the public sidewalk along
22nd Avenue
Committee Member McBride inquired about the TOD Policy Plan for the Northwest
Phase 2 about her outreach efforts to gain input from Jason Morris and his team. Mr.
Morris replied the applicant looks forward to being a part of that process as they
realize their responsibility to being a developer in the area.
Chair Jaramillo inquired about Stipulation 2 that may benefit pedestrians. Mr. Morris
replied that Stipulation No. 2 regarding detach sidewalks will make a difference in the
walkability in the area.
PUBLIC COMMENTS
None.
APPLICANT RESPONSE
None.
COMMITTEE DISCUSSION
None.
MOTION
Committee Member Whitney made a motion to approve Z-88-22-5, per the staff
recommendation. Committee Member McBride seconded.
VOTE
12-0-0; motion to recommend approval of Z-88-22-5, per the staff recommendation,
passed with Committee Members Alauria, Argiro, Larson, Lenz, Matthews, McBride,
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 647
North Mountain Village Planning Committee
Meeting Summary
Z-88-22-5 (Companion Case: GPA-NM-1-22-5)
O'Hara, Perez, Sommacampagna, Whitney, Vice Chair Fogelson, and Chair Jaramillo
in favor; none in opposition, and none abstaining.
STAFF COMMENTS REGARDING VPC RECOMMENDATION:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 648
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 7
DISTRICT NO.: 5
SUBJECT:
Application #: Z-88-22-5 (Companion Case GPA-NM-1-22-5)
Location: Approximately 350 feet south of the southwest corner of 22nd Avenue and
Dunlap Avenue
From: Ind. Pk.
To: R-5
Acreage: 5.11
Proposal: Multifamily residential
Applicant: Jason Morris, Withey Morris, PLC
Owner: QOZ 22nd Avenue Property, LLC
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation:
North Mountain 3/15/2023 Approval, per the staff recommendation. Vote: 12-0.
Planning Commission Recommendation: Approval, per the North Mountain Village Planning
Committee recommendation.
Motion Discussion: N/A
Motion details: Commissioner Boyd made a MOTION to approve Z-88-22-5, per the North
Mountain Village Planning Committee recommendation.
Maker: Boyd
Second: Mangum
Vote: 5-0
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: No
Findings:
1. The development proposal, as stipulated, is compatible with the surrounding area.
2. The development proposal, as stipulated, will create a strong pedestrian environment
along both 22nd and 23rd Avenues with shaded and detached sidewalks to convey
residents safely and comfortably to the North Mountain Village Core and the nearby
light rail stations.
3. The proposal will create additional housing options in line with the Housing Phoenix
Plan’s goal of preserving or creating 50,000 housing units by 2030.
Page 649
Stipulations:
1. For any development that modifies the cumulative floor area of any building by more
than 25 percent, including demolition, from that depicted on the site plan date stamped
December 14, 2022, the public sidewalk along 22nd Avenue shall be constructed to a
minimum width of 6 feet and detached from the back of curb by a minimum 8-foot-wide
landscape area planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions consistent with
the creation of a comfortable pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on center or in
equivalent groupings. Fifty percent of the required trees shall be a minimum 3-
inch caliper and 50 percent shall be a minimum 2-inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75 percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be maintained at
maximum height of 24 inches to provide a minimum of 75 percent live coverage
at maturity.
2. The public sidewalk along 23rd Avenue shall be constructed to a minimum width of 6
feet and detached from the back of curb by a minimum 8-foot-wide landscape area
planted to the following standards, as approved by the Planning and Development
Department. Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with the creation of
a comfortable pedestrian environment.
a. Large canopy, single-trunk, shade trees shall be placed 25 feet on center or in
equivalent groupings. Fifty percent of the required trees shall be a minimum 3-
inch caliper and 50 percent shall be a minimum 2-inch caliper.
b. At tree maturity, the trees shall shade the sidewalks to a minimum 75 percent.
c. Drought tolerant shrubs and vegetative groundcovers shall be maintained at a
maximum height of 24 inches to provide a minimum of 75 percent live coverage
at maturity.
3. The developer shall dedicate sidewalk easements along 22nd Avenue and 23rd
Avenue as needed to fully encompass the public sidewalks as stipulated, as approved
by the Planning and Development Department.
4. The developer shall provide an internal network of shaded pedestrian thoroughfares as
described below and as approved or modified by the Planning and Development
Department.
a. Include internal and direct pedestrian pathways of no less than 5 feet in width
between the building entrances, the public sidewalks along both 22nd and 23rd
avenues, and the amenity areas.
b. All internal pathways shall include a clear separation from vehicular
maneuvering areas with all vehicular crossings being clearly delineated using
decorative pavers, stamped or colored concrete, or other pavement treatment,
Page 650
other than those used to pave the parking surfaces and drive aisles.
c. All internal pathways shall be shaded to a minimum 50 percent.
5. The developer shall incorporate bicycle infrastructure as described below and as
approved by the Planning and Development Department.
a. Bicycle parking shall be provided at a minimum of 0.25 spaces per unit up to a
maximum of 50 spaces, located near the entrances to the building, and installed
per the requirements of Section 1307.H of the Phoenix Zoning Ordinance.
Alternatively, bicycle parking may be provided entirely with secure bicycle
parking facilities or a mix thereof.
b. One bicycle repair station shall be provided and maintained by the developer in
an area of high visibility to residents.
6. For redevelopment that modifies the cumulative floor area of any building by more than
50 percent, including demolition, from that depicted on the site plan date stamped
December 14, 2022, a minimum of 10% of the required parking spaces shall be EV
Ready.
7. The developer shall construct all streets within and adjacent to the development with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping,
and other incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.
8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
9. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning application
file for record.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 651
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Public Hearing and Resolution Adoption - General Plan Amendment GPA-EST-3-
22-7 - Southeast Corner of 99th Avenue and Lower Buckeye Road (Resolution
22121)
Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
resolution if approved. Request to amend the General Plan Land Use Map designation
on 11.02 acres from Residential 15+ dwelling units per acre to Commercial. This item
is a companion case to Z-142-D-98-7 and must be heard first, followed by Z-142-D-98-
7.
Summary
Application: GPA-EST-3-22-7
Current Designation: Residential 15+ dwelling units per acre
Proposed Plan Designation: Commercial
Acreage: 11.02
Proposed Use: Minor General Plan Amendment for commercial uses
Owner: AT Properties, LLC, et al.
Applicant/Representative: George Pasquel III, Withey Morris, PLC
Staff Recommendation: Approval.
VPC Action: The Estrella Village Planning Committee heard the case on March 21,
2023, and recommended approval, by a vote of 9-3.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the Estrella Village Planning Committee recommendation,
by a vote of 4-1.
Location
Southeast corner of 99th Avenue and Lower Buckeye Road
Council District: 7
Parcel Addresses: 2905, 2915, 2917, and 2933 S. 99th Ave.; 9869, 9875, and 9885 W.
Lower Buckeye Road
Page 652
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 653
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION
RESOLUTION
A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-EST-3-22-
7, CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.
____________
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The 2015 Phoenix General Plan, which was adopted by
Resolution 21307, is hereby amended by adopting GPA-EST-3-22-7. The 11.02 acres
of property located at the southeast corner of 99th Avenue and Lower Buckeye Road
is designated as Commercial.
SECTON 2. The Planning and Development Director is instructed to
modify the 2015 Phoenix General Plan to reflect this land use classification change as
shown below:
Page 654
PASSED by the Council of the City of Phoenix this 3rd day of May 2023.
MAYOR
ATTEST:
____________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:___________________________
___________________________
-2- Resolution
Page 655
REVIEWED BY:
______________________________
Jeffrey Barton, City Manager
-3- Resolution
Page 656
ATTACHMENT B
GENERAL PLAN AMENDMENT
STAFF ANALYSIS
March 17, 2023
Application: GPA-EST-3-22-7
Applicant/Representative: George Pasquel III, Withey Morris, PLC
Owner: AT Properties, LLC, et al.
Location: Southeast corner of 99th Avenue and Lower
Buckeye Road
Acreage: 11.02 acres
Current Plan Designation: Residential 15+ dwelling units per acre
Requested Plan Designation: Commercial
Reason for Requested Change: Amend the General Plan Land Use Map to allow
commercial uses
Estrella Village Planning
Committee Meeting Date: March 21, 2023
Staff Recommendation: Approval
FINDINGS:
1) The companion rezoning case, Z-142-D-98-7, exceeds 10 gross acres when
combined with the acreage of all abutting zoning on the same side of the street
and within 150 feet, thus a General Plan Amendment is required.
2) The companion rezoning case, Z-142-D-98-7, proposes intermediate commercial
zoning on a portion of the site, and would allow commercial uses for existing and
future residents of the area.
3) The proposed land use designation is appropriate for the site as it proposes
access to two arterial streets, Lower Buckeye Road and 99th Avenue.
Page 657
Staff Analysis
GPA-EST-3-22-7
BACKGROUND
The subject site is 11.02 gross acres and is located on the southeast corner of 99th
Avenue and Lower Buckeye Road. The subject site currently contains numerous
commercial uses including retail shops, restaurant, and fuel station. The companion
rezoning case Z-142-D-98-7 is requesting to rezoning a portion of the site from C-1
PCD (Neighborhood Retail, Planned Community District) to C-2 SP PCD (Intermediate
Commercial, Special Permit, Planned Community District) to allow for a self-service
storage warehouse and all underlying C-2 uses. The General Plan Land Use Map
designation of the subject site is Residential 15+ dwelling units per acre. The proposed
General Plan Amendment is to designate the site as Commercial.
SURROUNDING LAND USES
NORTH
North of the subject site, across Lower Buckeye Road, are numerous commercial uses
including retail stores and restuaruants zoned C-2 (Intermediate Commercial). This area
is designated as Commercial on the General Plan Land Use map.
SOUTH
South of the subject site is a single-family residential subdivision zoned R-3A PCD
(Multifamily Residence District, Planned Community Distrrict) and R1-6 PCD PRD
(Single-Family Residence District, Planned Community District, Planned Residential
District). This area is designated as Residential 15+ dwelling units per acre and
Residential 2 to 3.5 dwelling units per acre on the General Plan Land Use map. There is
also a vacant lot that is part of the commercial center zoned C-1 PCD and designated
as Residential 15+ dwelling units per acre on the General Plan Land Use map.
EAST
East of the subject site is a single-family residential subdivision zoned R-3A PCD
(Multifamily Residence District, Planned Community Distrrict) and S-1 (Approved R-2
PCD) (Farm or Ranch Residence, approved Multifamily Residence District, Planned
Community District). This area is designated as Residential 15+ dwelling units per acre
and Residential 2 to 3.5 dwelling units per acre.
WEST
West of the subject site, across 99th Avenue, is a retail store and restaurant zoned C-2
PCD (Intermediate Commercial, Planned Community District). This area is designated
as Commercial.
Page 658
Staff Analysis
GPA-EST-3-22-7
Existing and Proposed General Land Use Designation Maps
Source: City of Phoenix Planning and Development Department
RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES
CONNECT PEOPLE AND PLACES
• CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES;
LAND USE PRINCIPLE: Support reasonable levels of increased intensity,
respectful of local conditions and surrounding neighborhoods.
The proposal provides a reasonable level of intensity that is respectful to local
conditions. There are numerous commercial uses on all four sides of the
intersection of 99th Avenue and Lower Buckeye Road. The companion rezoning
case, Z-148-D-98-7, will allow for commercial uses that will be compatible with
the surrounding land uses and serve the surrounding residential subdivisions.
Page 659
Staff Analysis
GPA-EST-3-22-7
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS
• DIVERSE NEIGHBORHOODS; DESIGN PRINCIPLE: Communities should
consist of a mix of land uses to provide housing, shopping, dining and
recreational options for residents.
The proposed General Plan Land Use Map designation will further reinforce the
site as an important location for shopping, dining, and services.
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS
• SAFE NEIGHBORHOODS, TRAFFIC; LAND USE PRINCIPLE: Locate major
traffic-generating land uses on major streets in areas planned for such
uses, or near parkway and freeway access and transit centers or light rail
transit stations, and avoid use of local streets.
The proposed General Plan Land Use Map designation will allow for traffic-
generating uses on this site to have easy access to two arterial streets (Lower
Buckeye and 99th Avenue), thus avoiding residential local streets.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of GPA-EST-3-22-7. The proposed land use map
designation allows for future commercial development of this site, appropriately located
along two arterial streets (Lower Buckeye and 99th Avenue). The companion rezoning
case, Z-142-D-98-7, as stipulated, will require enhanced elevations and bicycle
standards.
Writer
Nayeli Sanchez Luna
March 17, 2023
Team Leader
Racelle Escolar
Exhibits
Sketch Maps (2 pages)
Page 660
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-EST-3-22-7_BW ACRES: 11.02 +/- REVISION DATE:
VILLAGE: Estrella COUNCIL DISTRICT: 7
APPLICANT: George Pasquel, III
EXISTING:
Residential 15+ du/ac ( 11.02 +/- Acres)
Proposed Change Area LOWER BUCKEYE RD
Residential 2 to 3.5 du/acre
Residential 15+ du/acre
Commercial PAYSO
RD
97TH LN
CORDE
RD
99TH AVE
KINGMA
ST
PROPOSED CHANGE:
Commercial ( 11.02 +/- Acres)
LOWER BUCKEYE RD
Proposed Change Area
Commercial
PAYSON
RD
97TH LN
CORDES
RD
99TH AVE
KINGMAN
ST
Page 661
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-EST-3-22-7 ACRES: 11.02 +/- REVISION DATE:
VILLAGE: Estrella COUNCIL DISTRICT: 7
APPLICANT: George Pasquel, III
EXISTING:
Residential 15+ du/ac ( 11.02 +/- Acres)
Proposed Change Area LOWER BUCKEYE RD
Residential 2 to 3.5 du/ac
Residential 15+ du/ac
Commercial PAYSO
RD
97TH LN
CORDE
RD
99TH AVE
KINGMA
ST
PROPOSED CHANGE:
Commercial ( 11.02 +/- Acres)
LOWER BUCKEYE RD
Proposed Change Area
Commercial
PAYSON
RD
97TH LN
CORDES
RD
99TH AVE
KINGMAN
ST
Page 662
ATTACHMENT C
Village Planning Committee Meeting Summary
GPA-EST-3-22-7
Date of VPC Meeting March 21, 2023
Request From Residential 15+ dwelling units per acre
Request To Commercial
Proposed Use Commercial uses
Location Southeast corner of 99th Avenue and Lower Buckeye
Road
VPC Recommendation Approval, per staff recommendation
VPC Vote 9-3
VPC DISCUSSION:
Cases GPA-EST-2-22-7 and Z-142-D-98-7 are companion cases and were heard
together.
Vice Chair Parris Wallace entered during these items, bringing quorum to 12.
Staff Presentation:
Nayeli Sanchez Luna, staff, presented an overview of the general plan amendment
and rezoning requests. Ms. Sanchez Luna discussed the location of the site, the
requested zoning designation, the surrounding land uses, and the proposed General
Plan Land Use Map designation. Ms. Sanchez Luna displayed the site plan and
elevations and noted the proposed height and architectural façade. Ms. Sanchez Luna
concluded the presentation by providing the staff findings, the recommendation, and
describing the proposed stipulations.
Applicant Presentation:
Benjamin Tate, representing the applicant with Withey Morris, provided an overview of
the proposed general plan amendment and rezoning request. Mr. Tate summarized the
development of the surrounding properties and noted that the subject site has not been
developed. Mr. Tate displayed the site plan and elevations and noted the loading bays
on the south and enhanced architectural façades. Mr. Tate concluded his presentation
by summarizing the market demand for self-service storage, the benefits of new
development, and community outreach.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 663
Questions From The Committee:
Beth Cartwright stated that she lived in the general area and that a self-service storage
warehouse has been proposed in the past. Ms. Cartwright noted that the community
had a lot of concerns with the previous proposal. Ms. Cartwright stated that she had
concerns with traffic congestion, lighting, and noise. Mr. Tate stated that there were few
commercial uses that would generate less traffic than a self-service storage warehouse.
Mr. Tate stated that the lighting would be down shielded. Ms. Cartwright stated that
single-family residential homes would still be able to see the lighting. Ms. Cartwright
asked for clarification regarding commercial vehicles and traffic on Lower Buckeye
Road. Mr. Tate stated that regardless of use, commercial vehicles would have to
access the site. Mr. Tate noted that all commercial uses required truck pickup,
commercial deliveries, and other services. Mr. Tate stated that the loading area would
be located to the south, away from customer parking and traffic.
Lisa Perez stated that she was opposed to a self-service storage warehouse adjacent
to residential uses. Ms. Perez noted other self-service storages in the area and noted
the volume of customers. Ms. Perez voiced her agreement with Ms. Cartwright’s
comments regarding traffic congestion. Ms. Perez stated that she was opposed to the
proposed use.
Dan Rush asked for an estimate of commercial vehicles utilizing the loading area. Mr.
Tate stated that there would be numerous moving vehicles and could not provide
numbers for particular models.
Mr. Tate stated that there were numerous commercial uses on all corners of 99th
Avenue and Lower Buckeye Road. Mr. Tate added that there are numerous providers
for retail as there is for self-service storage.
Mr. Rush asked if there would be a building entrance in the front. Mr. Tate confirmed
that a pedestrian building entrance would be located on the west side of the building.
Ms. Perez stated that she understood that there were numerous providers for self-
service storage but that other services were required. Ms. Cartwright voiced her
agreement.
Public Comment:
None.
Applicant Response:
None.
Committee Discussion:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 664
Motion:
Lisa Perez motioned to recommend approval of GPA-EST-3-22-7 per the staff
recommendation. Melanie Burd seconded the motion.
Vote:
9-3, Motion to recommend approval of GPA-EST-3-22-7 per the staff recommendation
passed, with Committee Members Barquin, Burd, Cardenas, Hernandez, Morris, Perez,
Rush, Serrette, and Wallace in favor, and Committee Members Ayala, Cartwright, and
Terrazas in opposition.
Staff Comments Regarding the VPC Recommendation:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 665
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 2
DISTRICT NO.: 7
SUBJECT:
Application #: GPA-EST-3-22-7 (Companion Case Z-142-D-98-7)
Location: Southeast corner of 99th Avenue and Lower Buckeye Road
From: Residential 15+ dwelling units per acre
To: Commercial
Acreage: 11.02
Proposal: Minor General Plan Amendment for commercial uses
Applicant: George Pasquel, III, Withey Morris, PLC
Owner: AT Properties, LLC, et al.
Representative: George Pasquel, III, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval.
Village Planning Committee (VPC) Recommendation:
Estrella 3/21/2023 Approval. Vote: 9-3.
Planning Commission Recommendation: Approval, per the Estrella Village Planning Committee
recommendation.
Motion Discussion: N/A
Motion details: Commissioner Mangum made a MOTION to approve GPA-EST-3-22-7, per the
Estrella Village Planning Committee recommendation.
Maker: Mangum
Second: Busching
Vote: 4-1 (Boyd)
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: No
Findings:
1. The companion rezoning case, Z-142-D-98-7, exceeds 10 gross acres when
combined with the acreage of all abutting zoning on the same side of the street
and within 150 feet, thus a General Plan Amendment is required.
2. The companion rezoning case, Z-142-D-98-7, proposes intermediate commercial
zoning on a portion of the site, and would allow commercial uses for existing and future
residents of the area.
3. The proposed land use designation is appropriate for the site as it proposes access to
two arterial streets, Lower Buckeye Road and 99th Avenue.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 666
ATTACHMENT E
Nayeli Sanchez Luna
Subject: FW: Comment form Markus
From: Markus ceniceros
Sent: Tuesday, March 21, 2023 5:25 PM
To: Nayeli Sanchez Luna
Subject: Comment form Markus
Hey Nayeli,
This is Markus ceniceros. I will not be able to make the meeting tonight. I did want to leave a comment on the item
that we will be voting on for proposed rezoning. Comment: first off I apologize for not being able to make this
meeting as I am currently in a board meeting. I am a no vote, as our community deserves much more than more
then a storage facility, we just approved one to be built down the street from here on 107th and lower Buckeye and
already have one to the southwest corner of 99th and lower buckeye. I urge my colleagues to vote no.
Thank you! Markus
Get Outlook for iOS [aka.ms]
Page 667
Racelle Escolar
From: rgutierrez
Sent: Thursday, March 23, 2023 2:11 PM
To: Racelle Escolar
Subject: Storage Units planned for 99th and Lower Buckeye
Hello,
The reason for my email is to raise my concerns with a storage unit business in the works for the area
behind Salad and Go and Discount Tires on the southwest side of 99th Ave and Lower buckeye.
This community needs more businesses like restaurants, grocery stores, crafts stores, etc. NOT
STORAGE UNITS.
Storage units behind those homes are going to detrimental to their value.
I truly hope you all take this disaster into consideration.
Thank you.
To help protect y our priv acy ,
Micro so ft Office prev ented
auto matic downlo ad o f this
picture from the Internet.
Raquel
Proud Parent of A Soldier
Staff Sgt. Gutierrez, Jr.
Page 668
Racelle Escolar
From: Donald Rodriguez
Sent: Thursday, March 23, 2023 7:23 PM
To: Racelle Escolar
Subject: About the storage on 99th ave
Good evening ma’am,
I am contacting you on behalf of the storage on 99th Ave and lower Buckeye. I don’t understand why a storage needs to
be built there.
It is a small lot it’s right next to the neighborhood it will create, more lights that will effect the surrounding
neighborhood at night.
It will the block the beautiful view of the surrounding landscape’s.
The traffic will increase in an already heavily traffic area that is not able to handle the extra traffic. I live in the
neighborhood that would be affected most from that project.
My wife and I moved out here for it is more quiet than in the city and beautiful views of national landscapes. So I would
like to make It clear for anyone else I would not like the storage to be built in my neighborhood.
Respectfully
Mr. Rodriguez
Sent from my iPhone
Page 669
Racelle Escolar
From: patricia rodriguez
Sent: Thursday, March 23, 2023 7:47 PM
To: Racelle Escolar
Subject: 99 lowerbuckeye
Hello!
The reason for my email is to speak up and avoid a storage unit being build near our neighborhood not only will it look
ugly it will block beautiful views in our backyard. We have many units near by for instant by Dennis on 99 another on 83
lowerbuckeye, we have many car washes when we have a water drought right or how about warehouse like we need
many I prefer the farming fields! The traffic has gone out of control with the contruction. We were on the outskirts of
the city and was the best place to live for my family and I now not so much. Arizona is not so much what Arizona was
and i Can say it because I am born and raised.
Patricia R.
Page 670
Report
22-7 - Southeast Corner of 99th Avenue and Lower Buckeye Road (Resolution
22121)
Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
resolution if approved. Request to amend the General Plan Land Use Map designation
on 11.02 acres from Residential 15+ dwelling units per acre to Commercial. This item
is a companion case to Z-142-D-98-7 and must be heard first, followed by Z-142-D-98-
7.
Summary
Application: GPA-EST-3-22-7
Current Designation: Residential 15+ dwelling units per acre
Proposed Plan Designation: Commercial
Acreage: 11.02
Proposed Use: Minor General Plan Amendment for commercial uses
Owner: AT Properties, LLC, et al.
Applicant/Representative: George Pasquel III, Withey Morris, PLC
Staff Recommendation: Approval.
VPC Action: The Estrella Village Planning Committee heard the case on March 21,
2023, and recommended approval, by a vote of 9-3.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the Estrella Village Planning Committee recommendation,
by a vote of 4-1.
Location
Southeast corner of 99th Avenue and Lower Buckeye Road
Council District: 7
Parcel Addresses: 2905, 2915, 2917, and 2933 S. 99th Ave.; 9869, 9875, and 9885 W.
Lower Buckeye Road
Page 652
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 653
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION
RESOLUTION
A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-EST-3-22-
7, CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.
____________
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The 2015 Phoenix General Plan, which was adopted by
Resolution 21307, is hereby amended by adopting GPA-EST-3-22-7. The 11.02 acres
of property located at the southeast corner of 99th Avenue and Lower Buckeye Road
is designated as Commercial.
SECTON 2. The Planning and Development Director is instructed to
modify the 2015 Phoenix General Plan to reflect this land use classification change as
shown below:
Page 654
PASSED by the Council of the City of Phoenix this 3rd day of May 2023.
MAYOR
ATTEST:
____________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:___________________________
___________________________
-2- Resolution
Page 655
REVIEWED BY:
______________________________
Jeffrey Barton, City Manager
-3- Resolution
Page 656
ATTACHMENT B
GENERAL PLAN AMENDMENT
STAFF ANALYSIS
March 17, 2023
Application: GPA-EST-3-22-7
Applicant/Representative: George Pasquel III, Withey Morris, PLC
Owner: AT Properties, LLC, et al.
Location: Southeast corner of 99th Avenue and Lower
Buckeye Road
Acreage: 11.02 acres
Current Plan Designation: Residential 15+ dwelling units per acre
Requested Plan Designation: Commercial
Reason for Requested Change: Amend the General Plan Land Use Map to allow
commercial uses
Estrella Village Planning
Committee Meeting Date: March 21, 2023
Staff Recommendation: Approval
FINDINGS:
1) The companion rezoning case, Z-142-D-98-7, exceeds 10 gross acres when
combined with the acreage of all abutting zoning on the same side of the street
and within 150 feet, thus a General Plan Amendment is required.
2) The companion rezoning case, Z-142-D-98-7, proposes intermediate commercial
zoning on a portion of the site, and would allow commercial uses for existing and
future residents of the area.
3) The proposed land use designation is appropriate for the site as it proposes
access to two arterial streets, Lower Buckeye Road and 99th Avenue.
Page 657
Staff Analysis
GPA-EST-3-22-7
BACKGROUND
The subject site is 11.02 gross acres and is located on the southeast corner of 99th
Avenue and Lower Buckeye Road. The subject site currently contains numerous
commercial uses including retail shops, restaurant, and fuel station. The companion
rezoning case Z-142-D-98-7 is requesting to rezoning a portion of the site from C-1
PCD (Neighborhood Retail, Planned Community District) to C-2 SP PCD (Intermediate
Commercial, Special Permit, Planned Community District) to allow for a self-service
storage warehouse and all underlying C-2 uses. The General Plan Land Use Map
designation of the subject site is Residential 15+ dwelling units per acre. The proposed
General Plan Amendment is to designate the site as Commercial.
SURROUNDING LAND USES
NORTH
North of the subject site, across Lower Buckeye Road, are numerous commercial uses
including retail stores and restuaruants zoned C-2 (Intermediate Commercial). This area
is designated as Commercial on the General Plan Land Use map.
SOUTH
South of the subject site is a single-family residential subdivision zoned R-3A PCD
(Multifamily Residence District, Planned Community Distrrict) and R1-6 PCD PRD
(Single-Family Residence District, Planned Community District, Planned Residential
District). This area is designated as Residential 15+ dwelling units per acre and
Residential 2 to 3.5 dwelling units per acre on the General Plan Land Use map. There is
also a vacant lot that is part of the commercial center zoned C-1 PCD and designated
as Residential 15+ dwelling units per acre on the General Plan Land Use map.
EAST
East of the subject site is a single-family residential subdivision zoned R-3A PCD
(Multifamily Residence District, Planned Community Distrrict) and S-1 (Approved R-2
PCD) (Farm or Ranch Residence, approved Multifamily Residence District, Planned
Community District). This area is designated as Residential 15+ dwelling units per acre
and Residential 2 to 3.5 dwelling units per acre.
WEST
West of the subject site, across 99th Avenue, is a retail store and restaurant zoned C-2
PCD (Intermediate Commercial, Planned Community District). This area is designated
as Commercial.
Page 658
Staff Analysis
GPA-EST-3-22-7
Existing and Proposed General Land Use Designation Maps
Source: City of Phoenix Planning and Development Department
RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES
CONNECT PEOPLE AND PLACES
• CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES;
LAND USE PRINCIPLE: Support reasonable levels of increased intensity,
respectful of local conditions and surrounding neighborhoods.
The proposal provides a reasonable level of intensity that is respectful to local
conditions. There are numerous commercial uses on all four sides of the
intersection of 99th Avenue and Lower Buckeye Road. The companion rezoning
case, Z-148-D-98-7, will allow for commercial uses that will be compatible with
the surrounding land uses and serve the surrounding residential subdivisions.
Page 659
Staff Analysis
GPA-EST-3-22-7
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS
• DIVERSE NEIGHBORHOODS; DESIGN PRINCIPLE: Communities should
consist of a mix of land uses to provide housing, shopping, dining and
recreational options for residents.
The proposed General Plan Land Use Map designation will further reinforce the
site as an important location for shopping, dining, and services.
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS
• SAFE NEIGHBORHOODS, TRAFFIC; LAND USE PRINCIPLE: Locate major
traffic-generating land uses on major streets in areas planned for such
uses, or near parkway and freeway access and transit centers or light rail
transit stations, and avoid use of local streets.
The proposed General Plan Land Use Map designation will allow for traffic-
generating uses on this site to have easy access to two arterial streets (Lower
Buckeye and 99th Avenue), thus avoiding residential local streets.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of GPA-EST-3-22-7. The proposed land use map
designation allows for future commercial development of this site, appropriately located
along two arterial streets (Lower Buckeye and 99th Avenue). The companion rezoning
case, Z-142-D-98-7, as stipulated, will require enhanced elevations and bicycle
standards.
Writer
Nayeli Sanchez Luna
March 17, 2023
Team Leader
Racelle Escolar
Exhibits
Sketch Maps (2 pages)
Page 660
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-EST-3-22-7_BW ACRES: 11.02 +/- REVISION DATE:
VILLAGE: Estrella COUNCIL DISTRICT: 7
APPLICANT: George Pasquel, III
EXISTING:
Residential 15+ du/ac ( 11.02 +/- Acres)
Proposed Change Area LOWER BUCKEYE RD
Residential 2 to 3.5 du/acre
Residential 15+ du/acre
Commercial PAYSO
RD
97TH LN
CORDE
RD
99TH AVE
KINGMA
ST
PROPOSED CHANGE:
Commercial ( 11.02 +/- Acres)
LOWER BUCKEYE RD
Proposed Change Area
Commercial
PAYSON
RD
97TH LN
CORDES
RD
99TH AVE
KINGMAN
ST
Page 661
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-EST-3-22-7 ACRES: 11.02 +/- REVISION DATE:
VILLAGE: Estrella COUNCIL DISTRICT: 7
APPLICANT: George Pasquel, III
EXISTING:
Residential 15+ du/ac ( 11.02 +/- Acres)
Proposed Change Area LOWER BUCKEYE RD
Residential 2 to 3.5 du/ac
Residential 15+ du/ac
Commercial PAYSO
RD
97TH LN
CORDE
RD
99TH AVE
KINGMA
ST
PROPOSED CHANGE:
Commercial ( 11.02 +/- Acres)
LOWER BUCKEYE RD
Proposed Change Area
Commercial
PAYSON
RD
97TH LN
CORDES
RD
99TH AVE
KINGMAN
ST
Page 662
ATTACHMENT C
Village Planning Committee Meeting Summary
GPA-EST-3-22-7
Date of VPC Meeting March 21, 2023
Request From Residential 15+ dwelling units per acre
Request To Commercial
Proposed Use Commercial uses
Location Southeast corner of 99th Avenue and Lower Buckeye
Road
VPC Recommendation Approval, per staff recommendation
VPC Vote 9-3
VPC DISCUSSION:
Cases GPA-EST-2-22-7 and Z-142-D-98-7 are companion cases and were heard
together.
Vice Chair Parris Wallace entered during these items, bringing quorum to 12.
Staff Presentation:
Nayeli Sanchez Luna, staff, presented an overview of the general plan amendment
and rezoning requests. Ms. Sanchez Luna discussed the location of the site, the
requested zoning designation, the surrounding land uses, and the proposed General
Plan Land Use Map designation. Ms. Sanchez Luna displayed the site plan and
elevations and noted the proposed height and architectural façade. Ms. Sanchez Luna
concluded the presentation by providing the staff findings, the recommendation, and
describing the proposed stipulations.
Applicant Presentation:
Benjamin Tate, representing the applicant with Withey Morris, provided an overview of
the proposed general plan amendment and rezoning request. Mr. Tate summarized the
development of the surrounding properties and noted that the subject site has not been
developed. Mr. Tate displayed the site plan and elevations and noted the loading bays
on the south and enhanced architectural façades. Mr. Tate concluded his presentation
by summarizing the market demand for self-service storage, the benefits of new
development, and community outreach.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 663
Questions From The Committee:
Beth Cartwright stated that she lived in the general area and that a self-service storage
warehouse has been proposed in the past. Ms. Cartwright noted that the community
had a lot of concerns with the previous proposal. Ms. Cartwright stated that she had
concerns with traffic congestion, lighting, and noise. Mr. Tate stated that there were few
commercial uses that would generate less traffic than a self-service storage warehouse.
Mr. Tate stated that the lighting would be down shielded. Ms. Cartwright stated that
single-family residential homes would still be able to see the lighting. Ms. Cartwright
asked for clarification regarding commercial vehicles and traffic on Lower Buckeye
Road. Mr. Tate stated that regardless of use, commercial vehicles would have to
access the site. Mr. Tate noted that all commercial uses required truck pickup,
commercial deliveries, and other services. Mr. Tate stated that the loading area would
be located to the south, away from customer parking and traffic.
Lisa Perez stated that she was opposed to a self-service storage warehouse adjacent
to residential uses. Ms. Perez noted other self-service storages in the area and noted
the volume of customers. Ms. Perez voiced her agreement with Ms. Cartwright’s
comments regarding traffic congestion. Ms. Perez stated that she was opposed to the
proposed use.
Dan Rush asked for an estimate of commercial vehicles utilizing the loading area. Mr.
Tate stated that there would be numerous moving vehicles and could not provide
numbers for particular models.
Mr. Tate stated that there were numerous commercial uses on all corners of 99th
Avenue and Lower Buckeye Road. Mr. Tate added that there are numerous providers
for retail as there is for self-service storage.
Mr. Rush asked if there would be a building entrance in the front. Mr. Tate confirmed
that a pedestrian building entrance would be located on the west side of the building.
Ms. Perez stated that she understood that there were numerous providers for self-
service storage but that other services were required. Ms. Cartwright voiced her
agreement.
Public Comment:
None.
Applicant Response:
None.
Committee Discussion:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 664
Motion:
Lisa Perez motioned to recommend approval of GPA-EST-3-22-7 per the staff
recommendation. Melanie Burd seconded the motion.
Vote:
9-3, Motion to recommend approval of GPA-EST-3-22-7 per the staff recommendation
passed, with Committee Members Barquin, Burd, Cardenas, Hernandez, Morris, Perez,
Rush, Serrette, and Wallace in favor, and Committee Members Ayala, Cartwright, and
Terrazas in opposition.
Staff Comments Regarding the VPC Recommendation:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 665
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 2
DISTRICT NO.: 7
SUBJECT:
Application #: GPA-EST-3-22-7 (Companion Case Z-142-D-98-7)
Location: Southeast corner of 99th Avenue and Lower Buckeye Road
From: Residential 15+ dwelling units per acre
To: Commercial
Acreage: 11.02
Proposal: Minor General Plan Amendment for commercial uses
Applicant: George Pasquel, III, Withey Morris, PLC
Owner: AT Properties, LLC, et al.
Representative: George Pasquel, III, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval.
Village Planning Committee (VPC) Recommendation:
Estrella 3/21/2023 Approval. Vote: 9-3.
Planning Commission Recommendation: Approval, per the Estrella Village Planning Committee
recommendation.
Motion Discussion: N/A
Motion details: Commissioner Mangum made a MOTION to approve GPA-EST-3-22-7, per the
Estrella Village Planning Committee recommendation.
Maker: Mangum
Second: Busching
Vote: 4-1 (Boyd)
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: No
Findings:
1. The companion rezoning case, Z-142-D-98-7, exceeds 10 gross acres when
combined with the acreage of all abutting zoning on the same side of the street
and within 150 feet, thus a General Plan Amendment is required.
2. The companion rezoning case, Z-142-D-98-7, proposes intermediate commercial
zoning on a portion of the site, and would allow commercial uses for existing and future
residents of the area.
3. The proposed land use designation is appropriate for the site as it proposes access to
two arterial streets, Lower Buckeye Road and 99th Avenue.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 666
ATTACHMENT E
Nayeli Sanchez Luna
Subject: FW: Comment form Markus
From: Markus ceniceros
Sent: Tuesday, March 21, 2023 5:25 PM
To: Nayeli Sanchez Luna
Subject: Comment form Markus
Hey Nayeli,
This is Markus ceniceros. I will not be able to make the meeting tonight. I did want to leave a comment on the item
that we will be voting on for proposed rezoning. Comment: first off I apologize for not being able to make this
meeting as I am currently in a board meeting. I am a no vote, as our community deserves much more than more
then a storage facility, we just approved one to be built down the street from here on 107th and lower Buckeye and
already have one to the southwest corner of 99th and lower buckeye. I urge my colleagues to vote no.
Thank you! Markus
Get Outlook for iOS [aka.ms]
Page 667
Racelle Escolar
From: rgutierrez
Sent: Thursday, March 23, 2023 2:11 PM
To: Racelle Escolar
Subject: Storage Units planned for 99th and Lower Buckeye
Hello,
The reason for my email is to raise my concerns with a storage unit business in the works for the area
behind Salad and Go and Discount Tires on the southwest side of 99th Ave and Lower buckeye.
This community needs more businesses like restaurants, grocery stores, crafts stores, etc. NOT
STORAGE UNITS.
Storage units behind those homes are going to detrimental to their value.
I truly hope you all take this disaster into consideration.
Thank you.
To help protect y our priv acy ,
Micro so ft Office prev ented
auto matic downlo ad o f this
picture from the Internet.
Raquel
Proud Parent of A Soldier
Staff Sgt. Gutierrez, Jr.
Page 668
Racelle Escolar
From: Donald Rodriguez
Sent: Thursday, March 23, 2023 7:23 PM
To: Racelle Escolar
Subject: About the storage on 99th ave
Good evening ma’am,
I am contacting you on behalf of the storage on 99th Ave and lower Buckeye. I don’t understand why a storage needs to
be built there.
It is a small lot it’s right next to the neighborhood it will create, more lights that will effect the surrounding
neighborhood at night.
It will the block the beautiful view of the surrounding landscape’s.
The traffic will increase in an already heavily traffic area that is not able to handle the extra traffic. I live in the
neighborhood that would be affected most from that project.
My wife and I moved out here for it is more quiet than in the city and beautiful views of national landscapes. So I would
like to make It clear for anyone else I would not like the storage to be built in my neighborhood.
Respectfully
Mr. Rodriguez
Sent from my iPhone
Page 669
Racelle Escolar
From: patricia rodriguez
Sent: Thursday, March 23, 2023 7:47 PM
To: Racelle Escolar
Subject: 99 lowerbuckeye
Hello!
The reason for my email is to speak up and avoid a storage unit being build near our neighborhood not only will it look
ugly it will block beautiful views in our backyard. We have many units near by for instant by Dennis on 99 another on 83
lowerbuckeye, we have many car washes when we have a water drought right or how about warehouse like we need
many I prefer the farming fields! The traffic has gone out of control with the contruction. We were on the outskirts of
the city and was the best place to live for my family and I now not so much. Arizona is not so much what Arizona was
and i Can say it because I am born and raised.
Patricia R.
Page 670
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Public Hearing and PCD Major Amendment - Rezoning Application Z-142-D-98-7 -
Approximately 260 Feet South and 250 Feet East of the Southeast Corner of 99th
Avenue and Lower Buckeye Road
Request to hold a public hearing and approve Rezoning Application (Z-142-D-98-7)
and rezone the site from C-1 PCD (Neighborhood Retail, Planned Community District)
to C-2 SP PCD (Intermediate Commercial, Special Permit, Planned Community
District) for a major amendment to the Country Place PCD to allow self-service storage
warehouse and all underlying C-2 uses. This is a companion case and must be heard
following GPA-EST-3-22-7.
Summary
Current Zoning: C-1 PCD
Proposed Zoning: C-2 SP PCD
Acreage: 1.59
Proposed Use: Self-service storage warehouse and all underlying C-2 uses
Owner: AT Properties, LLC
Applicant/Representative: George Pasquel, III, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee heard the case on March 21,
2023, and did not provide a recommendation.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the staff recommendation, by a vote of 4-1.
Location
Approximately 260 feet south and 250 feet east of the southeast corner of 99th Avenue
and Lower Buckeye Road
Council District: 7
Parcel Addresses: 2905 and 2917 S. 99th Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 671
ATTACHMENT A
Country Place Planned Community District
Z-142-D-98-7
Planning Commission Approved Stipulations from April 13, 2023:
1. The development shall be in general conformance with the site plan and
elevations date stamped December 5, 2022, as modified by the following
stipulations and approved by the Planning and Development Department.
2. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3. A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrance or in a secure location
inside the building and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department.
4. The property owner shall record documents that disclose to purchasers of
property within the development the existence and characteristics of the
Tolleson Wastewater Treatment Plan and the Sunland Beef Company. The
form and content of such documents shall be reviewed by the City Attorney.
5. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Exhibits:
A – Legal Description
B – Location Map
Page 672
EXHIBIT A
LEGAL DESCRIPTION FOR Z-142-D-89-7
A portion of Lot 2, of SHOPS A T COUNTRY CORNERS, PHASE II, according to
the plat of record in the office of the County Recorder of Maricopa County,
Arizona, recorded in Book 1007 of Maps, Page 40, being situated in a portion of
the Northwest quarter of Section 21, Township 1 North, Range 1 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, more particularly
described as follows:
Beginning at the Northwest come of said Section 21;
thence North 89 degrees 57 minutes 33 seconds East along the North line of the
Northwest quarter of said Section 21, a distance of 318.63 feet;
thence South 00 degrees 02 minutes
36 seconds East along the West line of Lot 3 of
said SHOPS AT COUNTRY CORNERS, PHASE II and the Northerly prolongation
thereof and the West line of said Lot 2, a distance of 344.41 feet to the TRUE POINT
OF BEGINNING;
thence North 89 degrees 57 minutes 19 seconds East, a distance of77.72 feet;
thence North 00 degrees 02 minut6s 36 seconds West, a distance of35.82 feet;
thence North 89 degrees 57 minutes 19 seconds East, a distance ot237.73 feet;
thence South 00 degrees 12 minutes 26 seconds East, a distance of228.35 feet;
thence South 89 degrees 57 minutes 24 seconds West, a distance of 316.10 feet;
thence North 00 degrees 02 minutes 36 seconds West, a distance of 192.52 feet to
the TRUE POINT OF BEGINNING.
Page 673
Page 674
ATTACHMENT B
Staff Report Z-142-D-98-7
March 20, 2023
Estrella Village Planning Committee March 21, 2023
Meeting Date:
Planning Commission Hearing Date: April 13, 2023
Request From: C-1 PCD (Neighborhood Retail,
Planned Community District) (1.59
acres)
Request To: C-2 SP PCD (Intermediate Commercial,
Special Permit, Planned Community
District) (1.59 acres)
Proposed Use: Self-service storage warehouse and all
underlying C-2 uses
Location: Approximately 260 feet south and 250
feet east of the southeast corner of 99th
Avenue and Lower Buckeye Road
Owner: AT Properties, LLC
Applicant/Representative: Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations
General Plan Conformity
Current: Residential 15+ dwelling units
per acre
General Plan Land Use Map Designation
Pending (GPA-EST-3-22-7):
Commercial
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CLEAN NEIGHBORHOODS; Facilitate the acquisition of vacant,
underutilized, and blighted parcels for appropriate redevelopment, compatible
with the adjacent neighborhood character and adopted area plans.
The subject site has long been vacant, and its development would be compatible with
the surrounding land use, as stipulated.
Page 675
Staff Report: Z-142-D-98-7
March 20, 2023
CONNECT PEOPLE AND PLACES CORE VALUES; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.
The requested zoning will allow for increased intensity that is consistent in scale and
character with the surrounding zoning in the area. The subject site is located at the
intersection of two arterial streets where a mix of commercial uses exist. As stipulated,
the proposed development will be respectful of local conditions by incorporating
enhanced elevations.
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY & CHARACTER: Design neighborhood retail to be
compatible in scale and character and oriented towards the residential areas
that it serves, in terms of both design and pedestrian linkages. Traffic, noise or
other factors should not negatively impact adjacent residential areas.
The low traffic generating development will provide storage services to the
surrounding neighborhoods and will be surrounded by existing commercial uses. The
proposed development will not have any windows or rollup doors along the east and
south building facades, thus respecting the nearby residential neighborhood.
Applicable Plans, Overlays, and Initiatives
Estrella Village Plan: Background Item No. 6.
Tree and Shade Master Plan: Background Item No. 7.
Complete Streets Guidelines: Background Item No. 8.
Comprehensive Bicycle Master Plan: Background Item No. 9.
Zero Waste PHX: Background Item No. 10.
Surrounding Land Uses and Zoning
Land Use Zoning
On Site Vacant C-1 PCD
North Restaurant, tire shop C-1 PCD and C-2 PCD
South Retail C-1 PCD
R-3A PCD and S-1
East Single-family residential
(Approved R-2 PCD)
West Restaurant, fuel station C-1 PCD
Page 676
Staff Report: Z-142-D-98-7
March 20, 2023
C-2 (Intermediate Commercial)
Standards Requirements Proposed
Minimum Building Setbacks
Not Adjacent to Streets: 0 feet 0 feet (Met)
(North – C-1 PCD and C-2 PCD)
Not Adjacent to Streets: 15 feet 15 feet (Met)
(East – Adjacent to R-3A)
Not Adjacent to Streets: 0 feet 0 feet (Met)
(South – C-1 PCD)
Not Adjacent to Streets: 0 feet 0 feet (Met)
(West – Adjacent to C-1 PCD)
Minimum Landscape Setbacks
Not Adjacent to Streets: 0 feet 0 feet (Met)
(North – Adjacent to C-1 PCD and
C-2 PCD)
Not Adjacent to Streets: 10 feet 10 feet (Met)
(East – Adjacent to R-3A)
Not Adjacent to Streets: 0 feet 0 feet (Met)
(South – Adjacent to C-1 PCD)
Not Adjacent to Streets: 0 feet 0 feet (Met)
(West – Adjacent to C-1 PCD)
Lot Coverage Maximum 50% 49.7% (Met)
Building Height Maximum 2 stories / 30
2 stories / 25 feet (Met)
feet
Parking Minimum 18 spaces
21 spaces provided (Met)
required
*Site plan revision or variance required
Background/Issues/Analysis
SUBJECT SITE
1. This request is to rezone 1.59 acres located approximately 260 feet south and
250 feet east of the southeast corner of 99th Avenue and Lower Buckeye Road
from C-1 PCD (Neighborhood Retail, Planned Community District) to C-2 SP
PCD (Intermediate Commercial, Special Permit, Planned Community District) to
allow for a self-service storage warehouse and all underlying C-2 uses.
Page 677
Staff Report: Z-142-D-98-7
March 20, 2023
SURROUNDING LAND USES AND ZONING
2. The requested zoning district is
consistent and compatible with the
surrounding land uses. The
surrounding land uses include a
tire shop and restaurant zoned C-1
PCD (Neighborhood Retail,
Planned Community District) and
C-2 PCD (Intermediate
Commercial, Planned Community
District). To the west is a
restaurant and fuel station and to
the south is a discount retail store
zoned C-1 PCD (Neighborhood
Retail, Planned Community
District). Furthermore, a single-
family residential subdivision is
Site Aerial
located to the east zoned R-3A Source: City of Phoenix Planning and Development
PCD (Multifamily Residence Department
District, Planned Community
District) and S-1 (Approved R-2
PCD) (Ranch or Farm Residence, Approved Multifamily Residence District,
Planned Community District). The proposed use will add to the commercial uses
located on the southwest corner of two major arterials and provide services to
the residential neighborhoods in the area. The Tolleson Wastewater Treatment
Plant and the Sunland Beef Company are located within 1.5 miles of the subject
site. Staff recommends the addition of Stipulation No. 4 that would disclose the
existence of the Tolleson Wastewater Treatment Plant and the Sunland Beef
Company. This stipulation is also found in the Planned Community District
rezoning case.
GENERAL PLAN LAND USE MAP DESIGNATION
3. The General Plan Land Use Map designation for the subject site is Residential
15+ dwelling units per acre. The proposal is not consistent with the current
General Plan Land Use Map designation. The subject site and the surrounding
parcels trigger the 10 gross acre rule of a General Plan Amendment. The gross
acres when combined with the acreage of all abutting zoning on the same side of
the street within 150 feet of the subject site are not consistent with the General
Plan Land Use map designation. As a result, the concurrent minor General Plan
Land Use Map amendment case, GPA-EST-3-22-7, is proposing to change the
land use map designation of the subject site and adjacent parcel to Commercial.
The requested C-2 SP PCD zoning is consistent with the proposed General Plan
Land Use Map designation of Commercial. The surrounding properties to the
Page 678
Staff Report: Z-142-D-98-7
March 20, 2023
north, west, and south are designated Residential 15+ dwelling units per acre.
However, the General Plan Land Use Map amendment case, GPA-EST-3-22-7,
would make the properties consistent with the proposed designation of
Commercial. Furthermore, west of the subject site is designated Residential 15+
dwelling units per acre and Residential 2 to 3.5 dwelling units per acre.
General Plan Land Use Map
Source: City of Phoenix Planning and Development Department
PROPOSAL
4. Site Plan
The applicant is proposing a self-service storage warehouse facility with a
proposed maximum height of 25 feet with parking located along the west and
south. As a result, the loading areas to the south will not be visible from Lower
Buckeye Road nor 99th Avenue. The self-storage warehouse site plan, attached
as an exhibit, shows two vehicular access points located to the west of the
subject site, adjacent to surrounding commercial uses. An additional access
point and loading area is located to the south of the subject site. Staff is
recommending general conformance to the site plan, per Stipulation No. 1 to
ensure that the site develops as proposed.
Elevations
The conceptual building elevations depict architectural features that include
variations in colors and materials that are consistent with the surrounding
commercial uses. Furthermore, the south and west building facades do not have
any windows, thus reducing the impact to the single-family subdivision to the
east. In addition, the building elevations to the north and west, facing a public
street, have enhanced building elevations including windows, river rock, and split
face concreate block. In order to ensure that the proposed development is
compatible with the adjacent commercial uses, staff is recommending Stipulation
No. 1 that would assure that the site is in general conformance to the elevations
Page 679
Staff Report: Z-142-D-98-7
March 20, 2023
submitted with the application.
Proposed Elevations Renderings
Source: Robert Brown Architects
5. Special Permit
Self-service storage facilities are permitted in the C-2 district with a Special
Permit (Section 647.A.2.i), subject to the following conditions:
a) All outdoor storage shall be within a closed building. Outdoor storage
areas shall not exceed 10 percent of the gross site area.
b) No auctions, sales, services and repair activity shall be conducted on
the site.
c) There shall be no storage or use of hazardous or dangerous materials
on the premises.
d) The site shall have direct access to an arterial street.
e) Landscape areas adjacent to residential zones must be a minimum of
ten feet.
The proposal meets the above conditions by providing only indoor storage
Page 680
Staff Report: Z-142-D-98-7
March 20, 2023
without any hazardous materials or auctions on the premises. Furthermore,
vehicular access is provided via Lower Buckeye Road and 99th Avenue which
are both arterial streets. Lastly, the landscape setback along the east perimeter
is ten feet.
STUDIES AND POLICIES
6. Estrella Village Plan
The Estrella Village Plan adopted in 1999, outlines a vision for developing the
Estrella Village through five main goals that include:
1. Orderly growth;
2. Identifiable village core;
3. Strong residential neighborhoods;
4. Variety of homes and jobs; and
5. Consistent streetscapes and trail linkages.
Estrella Village Plan Land Use Map
Source: Planning and Development Department
Goal 1 of Estrella Village Plan, growth, Objective E states, “infill development
should be consistent with and strengthen the predominant land use character or
objectives for the area.” The proposal will develop vacant land with a self-service
storage facility that will serve the surrounding area. In addition, the proposed
commercial use will be located in an area that has other commercial uses such
as a gas station, restaurants, retail and tire shop.
Goal 5 of the Estrella Village Plan, “Urban Design”, Objective D “Steet
Page 681
Staff Report: Z-142-D-98-7
March 20, 2023
Appearance” recommends that commercial and industrial properties along major
streets and adjoining residential neighborhoods should be well landscaped with
open storage and activity screened from view. The proposal meets this objective
by providing loading areas on the south portion of the site, away from the public
view. In addition, the proposed development will provide enhanced architecture
which will face Lower Buckeye Road and 99th Avenue.
7. Tree and Shade Master Plan
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached
from the curbs to allow trees to be planted on both sides of the sidewalk to
provide thermal comfort for pedestrians and to reduce the urban heat island
effect. The proposed development will have a ten foot landscape setback to the
east, adjacent to the residential uses. This landscape area will have 60 percent
two-inch caliper trees and 40 percent one-inch caliper trees. The proposed
landscaping will add to the tree coverage and reduce the urban heat island
affect.
8. Complete Streets Guidelines
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. To provide a safe pedestrian
environment staff is recommending enhanced pavement treatment for the on-site
pedestrian walkways that cross vehicular drive aisles. This is addressed in
Stipulation No. 2.
9. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its Bikeway System and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-
term bicycle parking as a means of promoting bicyclist traffic to a variety of
destinations. As stipulated, the project will provide bicycle parking spaces,
installed per the requirements in the city’s Walkable Urban (WU) Code. This is
addressed in Stipulation No. 3.
10. Zero Waste PHX:
The City of Phoenix is committed to its waste diversion efforts and has set a goal
to become a zero-waste city, as part of the City’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial, and mixed-use developments
meeting certain criteria. The proposed trash enclosures will be located on the
Page 682
Staff Report: Z-142-D-98-7
March 20, 2023
south side of the proposed development, away from the public view.
COMMUNITY INPUT SUMMARY
11. As of the writing of this report, staff did not receive correspondence from the
public regarding this request.
INTERDEPARTMENTAL COMMENTS
12. The Fire Department indicated there are no problems anticipated with the case
and that the site and/or buildings shall comply with the International Fire Code
with Phoenix Amendments.
13. The Street Transportation Department has stated that due to the location of the
proposed development, away from any public right-of-way, the department does
not have any additional stipulations.
OTHER
14. The site has not been identified as being archeologically sensitive. However, in
the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within a 33-foot radius of the discovery
and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. This is addressed in Stipulation
No. 5.
15. Staff has not received a completed form for the Waiver of Claims for Diminution
in Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required
by the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 6.
16. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements such
as obtaining a use permit to conduct the proposed outdoor use in this zoning
district. Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.
Findings
1. The proposal will develop a vacant property and provide additional employment
options and commercial services within close proximity to residential uses.
2. The proposed development, as stipulated, is consistent with the scale of
developments in the surrounding area.
3. The development, as stipulated, will incorporate design and landscaping features
that enhance the location, consistent with the Estrella Village Plan.
Page 683
Staff Report: Z-142-D-98-7
March 20, 2023
Stipulations
1. The development shall be in general conformance with the site plan and
elevations date stamped December 5, 2022, as modified by the following
stipulations and approved by the Planning and Development Department.
2. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3. A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrance or in a secure location
inside the building and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department.
4. The property owner shall record documents that disclose to purchasers of
property within the development the existence and characteristics of the Tolleson
Wastewater Treatment Plan and the Sunland Beef Company. The form and
content of such documents shall be reviewed by the City Attorney.
5. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Writer
Nayeli Sanchez Luna
March 20, 2023
Team Leader
Racelle Escolar
Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped December 5, 2022
Conceptual Elevations date stamped December 5, 2022 (2 pages)
Page 684
CP/GCP
C-2 * Z-78-00
Z-45-01
LOWER BUCKEYE RD
C-2 PCD * Z-142-B-98
C-2 PCD * PAYSON RD
ANX 162
99TH AVE
Z-142-98 S-1
CORDES RD
Z-92-03
97TH AVE
C-1 PCD * R-2 PCD *
ANX 162 Z-142-98
Z-92-03 KINGMAN ST
R-3A PCD *
R1-6 PRD PCD * 97TH LN
FLORENCE AVE
ANX 162
Z-142-98
I
Z-142-D-98
I-10
VAN BUREN ST I-17
Miles
BUCKEYE RD
0.045 0.0225 0 0.045
ESTRELLA VILLAGE LOWER BUCKEYE RD
CITY COUNCIL DISTRICT: 7 BROADWAY RD
43RD AVE 35TH AVE 27TH AVE 19TH AVE
51ST AVE
SR 202 (Proposed)
67TH AVE
SOUTHERN AVE
75TH AVE
91ST AVE 83RD AVE
107TH AVE 99TH AVE
59TH AVE
APPLICANT'S NAME: REQUESTED CHANGE:
Withey Morris, PLC
FROM:
C-1 PCD ( 1.59 a.c.)
APPLICATION NO. DATE:
1/23/2023
Z-142-D-98 REVISION DATES:
3/01/2023
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.59 Acres QS 6-5 E-2 TO: C-2 SP PCD ( 1.59 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
C-1 PCD 23 27
C-2 SP PCD 23 27
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Planning\Resources\Zoning Sketches\1998\Z-142-D-98.mxd
Page 685
CP/GCP
C-2 * Z-78-00
Z-45-01
LOWER BUCKEYE RD
C-2 PCD * Z-142-B-98
C-2 PCD * PAYSON RD
ANX 162
99TH AVE
Z-142-98 S-1
CORDES RD
Z-92-03
97TH AVE
C-1 PCD * R-2 PCD *
ANX 162 Z-142-98
Z-92-03 KINGMAN ST
R-3A PCD *
R1-6 PRD PCD * 97TH LN
FLORENCE AVE
ANX 162
Z-142-98 Maricopa County Assessor's
I
Z-142-D-98
I-10
VAN BUREN ST I-17
Miles
BUCKEYE RD
0.045 0.0225 0 0.045
ESTRELLA VILLAGE LOWER BUCKEYE RD
CITY COUNCIL DISTRICT: 7 BROADWAY RD
43RD AVE 35TH AVE 27TH AVE 19TH AVE
51ST AVE
SR 202 (Proposed)
67TH AVE
SOUTHERN AVE
75TH AVE
91ST AVE 83RD AVE
107TH AVE 99TH AVE
59TH AVE
APPLICANT'S NAME: REQUESTED CHANGE:
Withey Morris, PLC
FROM:
C-1 PCD ( 1.59 a.c.)
APPLICATION NO. DATE:
1/23/2023
Z-142-D-98 REVISION DATES:
3/01/2023
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.59 Acres QS 6-5 E-2 TO: C-2 SP PCD ( 1.59 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
C-1 PCD 23 27
C-2 SP PCD 23 27
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Planning\Resources\Zoning Sketches\1998\Z-142-D-98.mxd
Page 686
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ATTACHMENT C
Village Planning Committee Meeting Summary
Z-142-D-98-7
Date of VPC Meeting March 21, 2023
Request From C-1 PCD
Request To C-2 SP PCD
Proposed Use Self-service storage warehouse and all underlying C-2
uses
Location Approximately 260 feet south and 250 feet east of the
southeast corner of 99th Avenue and Lower Buckeye
Road
VPC Recommendation No recommendation
VPC DISCUSSION:
Cases GPA-EST-2-22-7 and Z-142-D-98-7 are companion cases and were heard
together.
Vice Chair Parris Wallace entered during these items, bringing quorum to 12.
Staff presentation:
Nayeli Sanchez Luna, staff, presented an overview of the general plan amendment
and rezoning requests. Ms. Sanchez Luna discussed the location of the site, the
requested zoning designation, the surrounding land uses, and the proposed General
Plan Land Use Map designation. Ms. Sanchez Luna displayed the site plan and
elevations and noted the proposed height and architectural façade. Ms. Sanchez Luna
concluded the presentation by providing the staff findings, the recommendation, and
describing the proposed stipulations.
Applicant Presentation:
Benjamin Tate, representing the applicant with Withey Morris, provided an overview of
the proposed general plan amendment and rezoning request. Mr. Tate summarized the
development of the surrounding properties and noted that the subject site has not been
developed. Mr. Tate displayed the site plan and elevations and noted the loading bays
on the south and enhanced architectural façades. Mr. Tate concluded his presentation
by summarizing the market demand for self-service storage, the benefits of new
development, and community outreach.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 690
Questions From The Committee:
Beth Cartwright stated that she lived in the general area and that a self-service storage
warehouse has been proposed in the past. Ms. Cartwright noted that the community
had a lot of concerns with the previous proposal. Ms. Cartwright stated that she had
concerns with traffic congestion, lighting, and noise. Mr. Tate stated that there were few
commercial uses that would generate less traffic than a self-service storage warehouse.
Mr. Tate stated that the lighting would be down shielded. Ms. Cartwright stated that
single-family residential homes would still be able to see the lighting. Ms. Cartwright
asked for clarification regarding commercial vehicles and traffic on Lower Buckeye
Road. Mr. Tate stated that regardless of use, commercial vehicles would have to
access the site. Mr. Tate noted that all commercial uses required truck pickup,
commercial deliveries, and other services. Mr. Tate stated that the loading area would
be located to the south, away from customer parking and traffic.
Lisa Perez stated that she was opposed to a self-service storage warehouse adjacent
to residential uses. Ms. Perez noted other self-service storages in the area and noted
the volume of customers. Ms. Perez voiced her agreement with Ms. Cartwright’s
comments regarding traffic congestion. Ms. Perez stated that she was opposed to the
proposed use.
Dan Rush asked for an estimate of commercial vehicles utilizing the loading area. Mr.
Tate stated that there would be numerous moving vehicles and could not provide
numbers for particular models.
Mr. Tate stated that there were numerous commercial uses on all corners of 99th
Avenue and Lower Buckeye Road. Mr. Tate added that there are numerous providers
for retail as there is for self-service storage.
Mr. Rush asked if there would be a building entrance in the front. Mr. Tate confirmed
that a pedestrian building entrance would be located on the west side of the building.
Ms. Perez stated that she understood that there were numerous providers for self-
service storage but that other services were required. Ms. Cartwright voiced her
agreement.
Public Comment:
None.
Applicant Response:
None.
Committee Discussion:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 691
Motion:
Dan Rush motioned to recommend approval of Z-142-D-98-7 per the staff
recommendation. Tino Hernandez seconded the motion.
Vote:
5-6-1, Motion to recommend approval of Z-142-D-98-7 per the staff recommendation did
not pass, with Committee Members Barquin, Cardenas, Hernandez, Rush, and Serrette
in favor, Committee Members Ayala, Burd, Cartwright, Perez, Terrazas, and Wallace in
opposition, and Committee Member Morris abstained.
Ms. Sanchez Luna, staff, stated that the motion did not pass and that a new motion
could be made. Ms. Sanchez Luna stated that if the committee did not support the
project, the committee could make a motion to recommend denial. Ms. Perez stated
that Planning Commission has received cases with just one recommendation. Ms.
Cartwright, Ms. Perez, and Vice Chair Parris Wallace stated they would like to keep
the recommendation for the GPA case and let the rezoning case move on to the
Planning Commission.
Staff Comments Regarding the VPC Recommendation:
No additional comments
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 692
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 3
DISTRICT NO.: 7
SUBJECT:
Application #: Z-142-D-98-7 (Companion Case GPA-EST-3-22-7)
Location: Approximately 260 feet south and 250 feet east of the southeast corner of
99th Avenue and Lower Buckeye Road
From: C-1 PCD
To: C-2 SP PCD
Acreage: 1.59
Proposal: Self-service storage warehouse and underlying C-2 commercial uses.
Applicant: Withey Morris, PLC
Owner: AT Properties, LLC, et al.
Representative: Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation:
Estrella 3/21/2023 No recommendation.
Planning Commission Recommendation: Approval, per the staff recommendation.
Motion Discussion: N/A
Motion details: Commissioner Mangum made a MOTION to approve Z-142-D-98-7, per the staff
recommendation.
Maker: Mangum
Second: Busching
Vote: 4-1 (Perez)
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: No
Findings:
1. The proposal will develop a vacant property and provide additional employment
options and commercial services within close proximity to residential uses.
2. The proposed development, as stipulated, is consistent with the scale of
developments in the surrounding area.
3. The development, as stipulated, will incorporate design and landscaping features
that enhance the location, consistent with the Estrella Village Plan.
Page 693
Stipulations:
1. The development shall be in general conformance with the site plan and elevations
date stamped December 5, 2022, as modified by the following stipulations and
approved by the Planning and Development Department.
2. Where pedestrian walkways cross a vehicular path, the pathway shall be constructed
of decorative pavers, stamped or colored concrete, or other pavement treatments that
visually contrasts parking and drive aisle surfaces, as approved by the Planning and
Development Department.
3. A minimum of four bicycle parking spaces shall be provided through Inverted U and/or
artistic racks located near the building entrance or in a secure location inside the
building and installed per the requirements of Section 1307.H. of the Phoenix Zoning
Ordinance, as approved by the Planning and Development Department.
4. The property owner shall record documents that disclose to purchasers of property
within the development the existence and characteristics of the Tolleson Wastewater
Treatment Plan and the Sunland Beef Company. The form and content of such
documents shall be reviewed by the City Attorney.
5. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 694
ATTACHMENT E
Nayeli Sanchez Luna
Subject: FW: Comment form Markus
From: Markus ceniceros
Sent: Tuesday, March 21, 2023 5:25 PM
To: Nayeli Sanchez Luna
Subject: Comment form Markus
Hey Nayeli,
This is Markus ceniceros. I will not be able to make the meeting tonight. I did want to leave a comment on the item
that we will be voting on for proposed rezoning. Comment: first off I apologize for not being able to make this
meeting as I am currently in a board meeting. I am a no vote, as our community deserves much more than more
then a storage facility, we just approved one to be built down the street from here on 107th and lower Buckeye and
already have one to the southwest corner of 99th and lower buckeye. I urge my colleagues to vote no.
Thank you! Markus
Get Outlook for iOS [aka.ms]
Page 695
Racelle Escolar
From: rgutierrez
Sent: Thursday, March 23, 2023 2:11 PM
To: Racelle Escolar
Subject: Storage Units planned for 99th and Lower Buckeye
Hello,
The reason for my email is to raise my concerns with a storage unit business in the works for the area
behind Salad and Go and Discount Tires on the southwest side of 99th Ave and Lower buckeye.
This community needs more businesses like restaurants, grocery stores, crafts stores, etc. NOT
STORAGE UNITS.
Storage units behind those homes are going to detrimental to their value.
I truly hope you all take this disaster into consideration.
Thank you.
To help protect y our priv acy ,
Micro so ft Office prev ented
auto matic downlo ad o f this
picture from the Internet.
Raquel
Proud Parent of A Soldier
Staff Sgt. Gutierrez, Jr.
Page 696
Racelle Escolar
From: Donald Rodriguez
Sent: Thursday, March 23, 2023 7:23 PM
To: Racelle Escolar
Subject: About the storage on 99th ave
Good evening ma’am,
I am contacting you on behalf of the storage on 99th Ave and lower Buckeye. I don’t understand why a storage needs to
be built there.
It is a small lot it’s right next to the neighborhood it will create, more lights that will effect the surrounding
neighborhood at night.
It will the block the beautiful view of the surrounding landscape’s.
The traffic will increase in an already heavily traffic area that is not able to handle the extra traffic. I live in the
neighborhood that would be affected most from that project.
My wife and I moved out here for it is more quiet than in the city and beautiful views of national landscapes. So I would
like to make It clear for anyone else I would not like the storage to be built in my neighborhood.
Respectfully
Mr. Rodriguez
Sent from my iPhone
Page 697
Racelle Escolar
From: patricia rodriguez
Sent: Thursday, March 23, 2023 7:47 PM
To: Racelle Escolar
Subject: 99 lowerbuckeye
Hello!
The reason for my email is to speak up and avoid a storage unit being build near our neighborhood not only will it look
ugly it will block beautiful views in our backyard. We have many units near by for instant by Dennis on 99 another on 83
lowerbuckeye, we have many car washes when we have a water drought right or how about warehouse like we need
many I prefer the farming fields! The traffic has gone out of control with the contruction. We were on the outskirts of
the city and was the best place to live for my family and I now not so much. Arizona is not so much what Arizona was
and i Can say it because I am born and raised.
Patricia R.
Page 698
Report
Approximately 260 Feet South and 250 Feet East of the Southeast Corner of 99th
Avenue and Lower Buckeye Road
Request to hold a public hearing and approve Rezoning Application (Z-142-D-98-7)
and rezone the site from C-1 PCD (Neighborhood Retail, Planned Community District)
to C-2 SP PCD (Intermediate Commercial, Special Permit, Planned Community
District) for a major amendment to the Country Place PCD to allow self-service storage
warehouse and all underlying C-2 uses. This is a companion case and must be heard
following GPA-EST-3-22-7.
Summary
Current Zoning: C-1 PCD
Proposed Zoning: C-2 SP PCD
Acreage: 1.59
Proposed Use: Self-service storage warehouse and all underlying C-2 uses
Owner: AT Properties, LLC
Applicant/Representative: George Pasquel, III, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee heard the case on March 21,
2023, and did not provide a recommendation.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the staff recommendation, by a vote of 4-1.
Location
Approximately 260 feet south and 250 feet east of the southeast corner of 99th Avenue
and Lower Buckeye Road
Council District: 7
Parcel Addresses: 2905 and 2917 S. 99th Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 671
ATTACHMENT A
Country Place Planned Community District
Z-142-D-98-7
Planning Commission Approved Stipulations from April 13, 2023:
1. The development shall be in general conformance with the site plan and
elevations date stamped December 5, 2022, as modified by the following
stipulations and approved by the Planning and Development Department.
2. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3. A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrance or in a secure location
inside the building and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department.
4. The property owner shall record documents that disclose to purchasers of
property within the development the existence and characteristics of the
Tolleson Wastewater Treatment Plan and the Sunland Beef Company. The
form and content of such documents shall be reviewed by the City Attorney.
5. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Exhibits:
A – Legal Description
B – Location Map
Page 672
EXHIBIT A
LEGAL DESCRIPTION FOR Z-142-D-89-7
A portion of Lot 2, of SHOPS A T COUNTRY CORNERS, PHASE II, according to
the plat of record in the office of the County Recorder of Maricopa County,
Arizona, recorded in Book 1007 of Maps, Page 40, being situated in a portion of
the Northwest quarter of Section 21, Township 1 North, Range 1 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, more particularly
described as follows:
Beginning at the Northwest come of said Section 21;
thence North 89 degrees 57 minutes 33 seconds East along the North line of the
Northwest quarter of said Section 21, a distance of 318.63 feet;
thence South 00 degrees 02 minutes
36 seconds East along the West line of Lot 3 of
said SHOPS AT COUNTRY CORNERS, PHASE II and the Northerly prolongation
thereof and the West line of said Lot 2, a distance of 344.41 feet to the TRUE POINT
OF BEGINNING;
thence North 89 degrees 57 minutes 19 seconds East, a distance of77.72 feet;
thence North 00 degrees 02 minut6s 36 seconds West, a distance of35.82 feet;
thence North 89 degrees 57 minutes 19 seconds East, a distance ot237.73 feet;
thence South 00 degrees 12 minutes 26 seconds East, a distance of228.35 feet;
thence South 89 degrees 57 minutes 24 seconds West, a distance of 316.10 feet;
thence North 00 degrees 02 minutes 36 seconds West, a distance of 192.52 feet to
the TRUE POINT OF BEGINNING.
Page 673
Page 674
ATTACHMENT B
Staff Report Z-142-D-98-7
March 20, 2023
Estrella Village Planning Committee March 21, 2023
Meeting Date:
Planning Commission Hearing Date: April 13, 2023
Request From: C-1 PCD (Neighborhood Retail,
Planned Community District) (1.59
acres)
Request To: C-2 SP PCD (Intermediate Commercial,
Special Permit, Planned Community
District) (1.59 acres)
Proposed Use: Self-service storage warehouse and all
underlying C-2 uses
Location: Approximately 260 feet south and 250
feet east of the southeast corner of 99th
Avenue and Lower Buckeye Road
Owner: AT Properties, LLC
Applicant/Representative: Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations
General Plan Conformity
Current: Residential 15+ dwelling units
per acre
General Plan Land Use Map Designation
Pending (GPA-EST-3-22-7):
Commercial
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CLEAN NEIGHBORHOODS; Facilitate the acquisition of vacant,
underutilized, and blighted parcels for appropriate redevelopment, compatible
with the adjacent neighborhood character and adopted area plans.
The subject site has long been vacant, and its development would be compatible with
the surrounding land use, as stipulated.
Page 675
Staff Report: Z-142-D-98-7
March 20, 2023
CONNECT PEOPLE AND PLACES CORE VALUES; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.
The requested zoning will allow for increased intensity that is consistent in scale and
character with the surrounding zoning in the area. The subject site is located at the
intersection of two arterial streets where a mix of commercial uses exist. As stipulated,
the proposed development will be respectful of local conditions by incorporating
enhanced elevations.
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY & CHARACTER: Design neighborhood retail to be
compatible in scale and character and oriented towards the residential areas
that it serves, in terms of both design and pedestrian linkages. Traffic, noise or
other factors should not negatively impact adjacent residential areas.
The low traffic generating development will provide storage services to the
surrounding neighborhoods and will be surrounded by existing commercial uses. The
proposed development will not have any windows or rollup doors along the east and
south building facades, thus respecting the nearby residential neighborhood.
Applicable Plans, Overlays, and Initiatives
Estrella Village Plan: Background Item No. 6.
Tree and Shade Master Plan: Background Item No. 7.
Complete Streets Guidelines: Background Item No. 8.
Comprehensive Bicycle Master Plan: Background Item No. 9.
Zero Waste PHX: Background Item No. 10.
Surrounding Land Uses and Zoning
Land Use Zoning
On Site Vacant C-1 PCD
North Restaurant, tire shop C-1 PCD and C-2 PCD
South Retail C-1 PCD
R-3A PCD and S-1
East Single-family residential
(Approved R-2 PCD)
West Restaurant, fuel station C-1 PCD
Page 676
Staff Report: Z-142-D-98-7
March 20, 2023
C-2 (Intermediate Commercial)
Standards Requirements Proposed
Minimum Building Setbacks
Not Adjacent to Streets: 0 feet 0 feet (Met)
(North – C-1 PCD and C-2 PCD)
Not Adjacent to Streets: 15 feet 15 feet (Met)
(East – Adjacent to R-3A)
Not Adjacent to Streets: 0 feet 0 feet (Met)
(South – C-1 PCD)
Not Adjacent to Streets: 0 feet 0 feet (Met)
(West – Adjacent to C-1 PCD)
Minimum Landscape Setbacks
Not Adjacent to Streets: 0 feet 0 feet (Met)
(North – Adjacent to C-1 PCD and
C-2 PCD)
Not Adjacent to Streets: 10 feet 10 feet (Met)
(East – Adjacent to R-3A)
Not Adjacent to Streets: 0 feet 0 feet (Met)
(South – Adjacent to C-1 PCD)
Not Adjacent to Streets: 0 feet 0 feet (Met)
(West – Adjacent to C-1 PCD)
Lot Coverage Maximum 50% 49.7% (Met)
Building Height Maximum 2 stories / 30
2 stories / 25 feet (Met)
feet
Parking Minimum 18 spaces
21 spaces provided (Met)
required
*Site plan revision or variance required
Background/Issues/Analysis
SUBJECT SITE
1. This request is to rezone 1.59 acres located approximately 260 feet south and
250 feet east of the southeast corner of 99th Avenue and Lower Buckeye Road
from C-1 PCD (Neighborhood Retail, Planned Community District) to C-2 SP
PCD (Intermediate Commercial, Special Permit, Planned Community District) to
allow for a self-service storage warehouse and all underlying C-2 uses.
Page 677
Staff Report: Z-142-D-98-7
March 20, 2023
SURROUNDING LAND USES AND ZONING
2. The requested zoning district is
consistent and compatible with the
surrounding land uses. The
surrounding land uses include a
tire shop and restaurant zoned C-1
PCD (Neighborhood Retail,
Planned Community District) and
C-2 PCD (Intermediate
Commercial, Planned Community
District). To the west is a
restaurant and fuel station and to
the south is a discount retail store
zoned C-1 PCD (Neighborhood
Retail, Planned Community
District). Furthermore, a single-
family residential subdivision is
Site Aerial
located to the east zoned R-3A Source: City of Phoenix Planning and Development
PCD (Multifamily Residence Department
District, Planned Community
District) and S-1 (Approved R-2
PCD) (Ranch or Farm Residence, Approved Multifamily Residence District,
Planned Community District). The proposed use will add to the commercial uses
located on the southwest corner of two major arterials and provide services to
the residential neighborhoods in the area. The Tolleson Wastewater Treatment
Plant and the Sunland Beef Company are located within 1.5 miles of the subject
site. Staff recommends the addition of Stipulation No. 4 that would disclose the
existence of the Tolleson Wastewater Treatment Plant and the Sunland Beef
Company. This stipulation is also found in the Planned Community District
rezoning case.
GENERAL PLAN LAND USE MAP DESIGNATION
3. The General Plan Land Use Map designation for the subject site is Residential
15+ dwelling units per acre. The proposal is not consistent with the current
General Plan Land Use Map designation. The subject site and the surrounding
parcels trigger the 10 gross acre rule of a General Plan Amendment. The gross
acres when combined with the acreage of all abutting zoning on the same side of
the street within 150 feet of the subject site are not consistent with the General
Plan Land Use map designation. As a result, the concurrent minor General Plan
Land Use Map amendment case, GPA-EST-3-22-7, is proposing to change the
land use map designation of the subject site and adjacent parcel to Commercial.
The requested C-2 SP PCD zoning is consistent with the proposed General Plan
Land Use Map designation of Commercial. The surrounding properties to the
Page 678
Staff Report: Z-142-D-98-7
March 20, 2023
north, west, and south are designated Residential 15+ dwelling units per acre.
However, the General Plan Land Use Map amendment case, GPA-EST-3-22-7,
would make the properties consistent with the proposed designation of
Commercial. Furthermore, west of the subject site is designated Residential 15+
dwelling units per acre and Residential 2 to 3.5 dwelling units per acre.
General Plan Land Use Map
Source: City of Phoenix Planning and Development Department
PROPOSAL
4. Site Plan
The applicant is proposing a self-service storage warehouse facility with a
proposed maximum height of 25 feet with parking located along the west and
south. As a result, the loading areas to the south will not be visible from Lower
Buckeye Road nor 99th Avenue. The self-storage warehouse site plan, attached
as an exhibit, shows two vehicular access points located to the west of the
subject site, adjacent to surrounding commercial uses. An additional access
point and loading area is located to the south of the subject site. Staff is
recommending general conformance to the site plan, per Stipulation No. 1 to
ensure that the site develops as proposed.
Elevations
The conceptual building elevations depict architectural features that include
variations in colors and materials that are consistent with the surrounding
commercial uses. Furthermore, the south and west building facades do not have
any windows, thus reducing the impact to the single-family subdivision to the
east. In addition, the building elevations to the north and west, facing a public
street, have enhanced building elevations including windows, river rock, and split
face concreate block. In order to ensure that the proposed development is
compatible with the adjacent commercial uses, staff is recommending Stipulation
No. 1 that would assure that the site is in general conformance to the elevations
Page 679
Staff Report: Z-142-D-98-7
March 20, 2023
submitted with the application.
Proposed Elevations Renderings
Source: Robert Brown Architects
5. Special Permit
Self-service storage facilities are permitted in the C-2 district with a Special
Permit (Section 647.A.2.i), subject to the following conditions:
a) All outdoor storage shall be within a closed building. Outdoor storage
areas shall not exceed 10 percent of the gross site area.
b) No auctions, sales, services and repair activity shall be conducted on
the site.
c) There shall be no storage or use of hazardous or dangerous materials
on the premises.
d) The site shall have direct access to an arterial street.
e) Landscape areas adjacent to residential zones must be a minimum of
ten feet.
The proposal meets the above conditions by providing only indoor storage
Page 680
Staff Report: Z-142-D-98-7
March 20, 2023
without any hazardous materials or auctions on the premises. Furthermore,
vehicular access is provided via Lower Buckeye Road and 99th Avenue which
are both arterial streets. Lastly, the landscape setback along the east perimeter
is ten feet.
STUDIES AND POLICIES
6. Estrella Village Plan
The Estrella Village Plan adopted in 1999, outlines a vision for developing the
Estrella Village through five main goals that include:
1. Orderly growth;
2. Identifiable village core;
3. Strong residential neighborhoods;
4. Variety of homes and jobs; and
5. Consistent streetscapes and trail linkages.
Estrella Village Plan Land Use Map
Source: Planning and Development Department
Goal 1 of Estrella Village Plan, growth, Objective E states, “infill development
should be consistent with and strengthen the predominant land use character or
objectives for the area.” The proposal will develop vacant land with a self-service
storage facility that will serve the surrounding area. In addition, the proposed
commercial use will be located in an area that has other commercial uses such
as a gas station, restaurants, retail and tire shop.
Goal 5 of the Estrella Village Plan, “Urban Design”, Objective D “Steet
Page 681
Staff Report: Z-142-D-98-7
March 20, 2023
Appearance” recommends that commercial and industrial properties along major
streets and adjoining residential neighborhoods should be well landscaped with
open storage and activity screened from view. The proposal meets this objective
by providing loading areas on the south portion of the site, away from the public
view. In addition, the proposed development will provide enhanced architecture
which will face Lower Buckeye Road and 99th Avenue.
7. Tree and Shade Master Plan
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached
from the curbs to allow trees to be planted on both sides of the sidewalk to
provide thermal comfort for pedestrians and to reduce the urban heat island
effect. The proposed development will have a ten foot landscape setback to the
east, adjacent to the residential uses. This landscape area will have 60 percent
two-inch caliper trees and 40 percent one-inch caliper trees. The proposed
landscaping will add to the tree coverage and reduce the urban heat island
affect.
8. Complete Streets Guidelines
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. To provide a safe pedestrian
environment staff is recommending enhanced pavement treatment for the on-site
pedestrian walkways that cross vehicular drive aisles. This is addressed in
Stipulation No. 2.
9. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its Bikeway System and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-
term bicycle parking as a means of promoting bicyclist traffic to a variety of
destinations. As stipulated, the project will provide bicycle parking spaces,
installed per the requirements in the city’s Walkable Urban (WU) Code. This is
addressed in Stipulation No. 3.
10. Zero Waste PHX:
The City of Phoenix is committed to its waste diversion efforts and has set a goal
to become a zero-waste city, as part of the City’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial, and mixed-use developments
meeting certain criteria. The proposed trash enclosures will be located on the
Page 682
Staff Report: Z-142-D-98-7
March 20, 2023
south side of the proposed development, away from the public view.
COMMUNITY INPUT SUMMARY
11. As of the writing of this report, staff did not receive correspondence from the
public regarding this request.
INTERDEPARTMENTAL COMMENTS
12. The Fire Department indicated there are no problems anticipated with the case
and that the site and/or buildings shall comply with the International Fire Code
with Phoenix Amendments.
13. The Street Transportation Department has stated that due to the location of the
proposed development, away from any public right-of-way, the department does
not have any additional stipulations.
OTHER
14. The site has not been identified as being archeologically sensitive. However, in
the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within a 33-foot radius of the discovery
and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. This is addressed in Stipulation
No. 5.
15. Staff has not received a completed form for the Waiver of Claims for Diminution
in Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required
by the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 6.
16. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements such
as obtaining a use permit to conduct the proposed outdoor use in this zoning
district. Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.
Findings
1. The proposal will develop a vacant property and provide additional employment
options and commercial services within close proximity to residential uses.
2. The proposed development, as stipulated, is consistent with the scale of
developments in the surrounding area.
3. The development, as stipulated, will incorporate design and landscaping features
that enhance the location, consistent with the Estrella Village Plan.
Page 683
Staff Report: Z-142-D-98-7
March 20, 2023
Stipulations
1. The development shall be in general conformance with the site plan and
elevations date stamped December 5, 2022, as modified by the following
stipulations and approved by the Planning and Development Department.
2. Where pedestrian walkways cross a vehicular path, the pathway shall be
constructed of decorative pavers, stamped or colored concrete, or other
pavement treatments that visually contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3. A minimum of four bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near the building entrance or in a secure location
inside the building and installed per the requirements of Section 1307.H. of the
Phoenix Zoning Ordinance, as approved by the Planning and Development
Department.
4. The property owner shall record documents that disclose to purchasers of
property within the development the existence and characteristics of the Tolleson
Wastewater Treatment Plan and the Sunland Beef Company. The form and
content of such documents shall be reviewed by the City Attorney.
5. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
Writer
Nayeli Sanchez Luna
March 20, 2023
Team Leader
Racelle Escolar
Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped December 5, 2022
Conceptual Elevations date stamped December 5, 2022 (2 pages)
Page 684
CP/GCP
C-2 * Z-78-00
Z-45-01
LOWER BUCKEYE RD
C-2 PCD * Z-142-B-98
C-2 PCD * PAYSON RD
ANX 162
99TH AVE
Z-142-98 S-1
CORDES RD
Z-92-03
97TH AVE
C-1 PCD * R-2 PCD *
ANX 162 Z-142-98
Z-92-03 KINGMAN ST
R-3A PCD *
R1-6 PRD PCD * 97TH LN
FLORENCE AVE
ANX 162
Z-142-98
I
Z-142-D-98
I-10
VAN BUREN ST I-17
Miles
BUCKEYE RD
0.045 0.0225 0 0.045
ESTRELLA VILLAGE LOWER BUCKEYE RD
CITY COUNCIL DISTRICT: 7 BROADWAY RD
43RD AVE 35TH AVE 27TH AVE 19TH AVE
51ST AVE
SR 202 (Proposed)
67TH AVE
SOUTHERN AVE
75TH AVE
91ST AVE 83RD AVE
107TH AVE 99TH AVE
59TH AVE
APPLICANT'S NAME: REQUESTED CHANGE:
Withey Morris, PLC
FROM:
C-1 PCD ( 1.59 a.c.)
APPLICATION NO. DATE:
1/23/2023
Z-142-D-98 REVISION DATES:
3/01/2023
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.59 Acres QS 6-5 E-2 TO: C-2 SP PCD ( 1.59 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
C-1 PCD 23 27
C-2 SP PCD 23 27
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Planning\Resources\Zoning Sketches\1998\Z-142-D-98.mxd
Page 685
CP/GCP
C-2 * Z-78-00
Z-45-01
LOWER BUCKEYE RD
C-2 PCD * Z-142-B-98
C-2 PCD * PAYSON RD
ANX 162
99TH AVE
Z-142-98 S-1
CORDES RD
Z-92-03
97TH AVE
C-1 PCD * R-2 PCD *
ANX 162 Z-142-98
Z-92-03 KINGMAN ST
R-3A PCD *
R1-6 PRD PCD * 97TH LN
FLORENCE AVE
ANX 162
Z-142-98 Maricopa County Assessor's
I
Z-142-D-98
I-10
VAN BUREN ST I-17
Miles
BUCKEYE RD
0.045 0.0225 0 0.045
ESTRELLA VILLAGE LOWER BUCKEYE RD
CITY COUNCIL DISTRICT: 7 BROADWAY RD
43RD AVE 35TH AVE 27TH AVE 19TH AVE
51ST AVE
SR 202 (Proposed)
67TH AVE
SOUTHERN AVE
75TH AVE
91ST AVE 83RD AVE
107TH AVE 99TH AVE
59TH AVE
APPLICANT'S NAME: REQUESTED CHANGE:
Withey Morris, PLC
FROM:
C-1 PCD ( 1.59 a.c.)
APPLICATION NO. DATE:
1/23/2023
Z-142-D-98 REVISION DATES:
3/01/2023
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
1.59 Acres QS 6-5 E-2 TO: C-2 SP PCD ( 1.59 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
C-1 PCD 23 27
C-2 SP PCD 23 27
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Planning\Resources\Zoning Sketches\1998\Z-142-D-98.mxd
Page 686
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ATTACHMENT C
Village Planning Committee Meeting Summary
Z-142-D-98-7
Date of VPC Meeting March 21, 2023
Request From C-1 PCD
Request To C-2 SP PCD
Proposed Use Self-service storage warehouse and all underlying C-2
uses
Location Approximately 260 feet south and 250 feet east of the
southeast corner of 99th Avenue and Lower Buckeye
Road
VPC Recommendation No recommendation
VPC DISCUSSION:
Cases GPA-EST-2-22-7 and Z-142-D-98-7 are companion cases and were heard
together.
Vice Chair Parris Wallace entered during these items, bringing quorum to 12.
Staff presentation:
Nayeli Sanchez Luna, staff, presented an overview of the general plan amendment
and rezoning requests. Ms. Sanchez Luna discussed the location of the site, the
requested zoning designation, the surrounding land uses, and the proposed General
Plan Land Use Map designation. Ms. Sanchez Luna displayed the site plan and
elevations and noted the proposed height and architectural façade. Ms. Sanchez Luna
concluded the presentation by providing the staff findings, the recommendation, and
describing the proposed stipulations.
Applicant Presentation:
Benjamin Tate, representing the applicant with Withey Morris, provided an overview of
the proposed general plan amendment and rezoning request. Mr. Tate summarized the
development of the surrounding properties and noted that the subject site has not been
developed. Mr. Tate displayed the site plan and elevations and noted the loading bays
on the south and enhanced architectural façades. Mr. Tate concluded his presentation
by summarizing the market demand for self-service storage, the benefits of new
development, and community outreach.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 690
Questions From The Committee:
Beth Cartwright stated that she lived in the general area and that a self-service storage
warehouse has been proposed in the past. Ms. Cartwright noted that the community
had a lot of concerns with the previous proposal. Ms. Cartwright stated that she had
concerns with traffic congestion, lighting, and noise. Mr. Tate stated that there were few
commercial uses that would generate less traffic than a self-service storage warehouse.
Mr. Tate stated that the lighting would be down shielded. Ms. Cartwright stated that
single-family residential homes would still be able to see the lighting. Ms. Cartwright
asked for clarification regarding commercial vehicles and traffic on Lower Buckeye
Road. Mr. Tate stated that regardless of use, commercial vehicles would have to
access the site. Mr. Tate noted that all commercial uses required truck pickup,
commercial deliveries, and other services. Mr. Tate stated that the loading area would
be located to the south, away from customer parking and traffic.
Lisa Perez stated that she was opposed to a self-service storage warehouse adjacent
to residential uses. Ms. Perez noted other self-service storages in the area and noted
the volume of customers. Ms. Perez voiced her agreement with Ms. Cartwright’s
comments regarding traffic congestion. Ms. Perez stated that she was opposed to the
proposed use.
Dan Rush asked for an estimate of commercial vehicles utilizing the loading area. Mr.
Tate stated that there would be numerous moving vehicles and could not provide
numbers for particular models.
Mr. Tate stated that there were numerous commercial uses on all corners of 99th
Avenue and Lower Buckeye Road. Mr. Tate added that there are numerous providers
for retail as there is for self-service storage.
Mr. Rush asked if there would be a building entrance in the front. Mr. Tate confirmed
that a pedestrian building entrance would be located on the west side of the building.
Ms. Perez stated that she understood that there were numerous providers for self-
service storage but that other services were required. Ms. Cartwright voiced her
agreement.
Public Comment:
None.
Applicant Response:
None.
Committee Discussion:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 691
Motion:
Dan Rush motioned to recommend approval of Z-142-D-98-7 per the staff
recommendation. Tino Hernandez seconded the motion.
Vote:
5-6-1, Motion to recommend approval of Z-142-D-98-7 per the staff recommendation did
not pass, with Committee Members Barquin, Cardenas, Hernandez, Rush, and Serrette
in favor, Committee Members Ayala, Burd, Cartwright, Perez, Terrazas, and Wallace in
opposition, and Committee Member Morris abstained.
Ms. Sanchez Luna, staff, stated that the motion did not pass and that a new motion
could be made. Ms. Sanchez Luna stated that if the committee did not support the
project, the committee could make a motion to recommend denial. Ms. Perez stated
that Planning Commission has received cases with just one recommendation. Ms.
Cartwright, Ms. Perez, and Vice Chair Parris Wallace stated they would like to keep
the recommendation for the GPA case and let the rezoning case move on to the
Planning Commission.
Staff Comments Regarding the VPC Recommendation:
No additional comments
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 692
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 3
DISTRICT NO.: 7
SUBJECT:
Application #: Z-142-D-98-7 (Companion Case GPA-EST-3-22-7)
Location: Approximately 260 feet south and 250 feet east of the southeast corner of
99th Avenue and Lower Buckeye Road
From: C-1 PCD
To: C-2 SP PCD
Acreage: 1.59
Proposal: Self-service storage warehouse and underlying C-2 commercial uses.
Applicant: Withey Morris, PLC
Owner: AT Properties, LLC, et al.
Representative: Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation:
Estrella 3/21/2023 No recommendation.
Planning Commission Recommendation: Approval, per the staff recommendation.
Motion Discussion: N/A
Motion details: Commissioner Mangum made a MOTION to approve Z-142-D-98-7, per the staff
recommendation.
Maker: Mangum
Second: Busching
Vote: 4-1 (Perez)
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: No
Findings:
1. The proposal will develop a vacant property and provide additional employment
options and commercial services within close proximity to residential uses.
2. The proposed development, as stipulated, is consistent with the scale of
developments in the surrounding area.
3. The development, as stipulated, will incorporate design and landscaping features
that enhance the location, consistent with the Estrella Village Plan.
Page 693
Stipulations:
1. The development shall be in general conformance with the site plan and elevations
date stamped December 5, 2022, as modified by the following stipulations and
approved by the Planning and Development Department.
2. Where pedestrian walkways cross a vehicular path, the pathway shall be constructed
of decorative pavers, stamped or colored concrete, or other pavement treatments that
visually contrasts parking and drive aisle surfaces, as approved by the Planning and
Development Department.
3. A minimum of four bicycle parking spaces shall be provided through Inverted U and/or
artistic racks located near the building entrance or in a secure location inside the
building and installed per the requirements of Section 1307.H. of the Phoenix Zoning
Ordinance, as approved by the Planning and Development Department.
4. The property owner shall record documents that disclose to purchasers of property
within the development the existence and characteristics of the Tolleson Wastewater
Treatment Plan and the Sunland Beef Company. The form and content of such
documents shall be reviewed by the City Attorney.
5. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 694
ATTACHMENT E
Nayeli Sanchez Luna
Subject: FW: Comment form Markus
From: Markus ceniceros
Sent: Tuesday, March 21, 2023 5:25 PM
To: Nayeli Sanchez Luna
Subject: Comment form Markus
Hey Nayeli,
This is Markus ceniceros. I will not be able to make the meeting tonight. I did want to leave a comment on the item
that we will be voting on for proposed rezoning. Comment: first off I apologize for not being able to make this
meeting as I am currently in a board meeting. I am a no vote, as our community deserves much more than more
then a storage facility, we just approved one to be built down the street from here on 107th and lower Buckeye and
already have one to the southwest corner of 99th and lower buckeye. I urge my colleagues to vote no.
Thank you! Markus
Get Outlook for iOS [aka.ms]
Page 695
Racelle Escolar
From: rgutierrez
Sent: Thursday, March 23, 2023 2:11 PM
To: Racelle Escolar
Subject: Storage Units planned for 99th and Lower Buckeye
Hello,
The reason for my email is to raise my concerns with a storage unit business in the works for the area
behind Salad and Go and Discount Tires on the southwest side of 99th Ave and Lower buckeye.
This community needs more businesses like restaurants, grocery stores, crafts stores, etc. NOT
STORAGE UNITS.
Storage units behind those homes are going to detrimental to their value.
I truly hope you all take this disaster into consideration.
Thank you.
To help protect y our priv acy ,
Micro so ft Office prev ented
auto matic downlo ad o f this
picture from the Internet.
Raquel
Proud Parent of A Soldier
Staff Sgt. Gutierrez, Jr.
Page 696
Racelle Escolar
From: Donald Rodriguez
Sent: Thursday, March 23, 2023 7:23 PM
To: Racelle Escolar
Subject: About the storage on 99th ave
Good evening ma’am,
I am contacting you on behalf of the storage on 99th Ave and lower Buckeye. I don’t understand why a storage needs to
be built there.
It is a small lot it’s right next to the neighborhood it will create, more lights that will effect the surrounding
neighborhood at night.
It will the block the beautiful view of the surrounding landscape’s.
The traffic will increase in an already heavily traffic area that is not able to handle the extra traffic. I live in the
neighborhood that would be affected most from that project.
My wife and I moved out here for it is more quiet than in the city and beautiful views of national landscapes. So I would
like to make It clear for anyone else I would not like the storage to be built in my neighborhood.
Respectfully
Mr. Rodriguez
Sent from my iPhone
Page 697
Racelle Escolar
From: patricia rodriguez
Sent: Thursday, March 23, 2023 7:47 PM
To: Racelle Escolar
Subject: 99 lowerbuckeye
Hello!
The reason for my email is to speak up and avoid a storage unit being build near our neighborhood not only will it look
ugly it will block beautiful views in our backyard. We have many units near by for instant by Dennis on 99 another on 83
lowerbuckeye, we have many car washes when we have a water drought right or how about warehouse like we need
many I prefer the farming fields! The traffic has gone out of control with the contruction. We were on the outskirts of
the city and was the best place to live for my family and I now not so much. Arizona is not so much what Arizona was
and i Can say it because I am born and raised.
Patricia R.
Page 698
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Public Hearing and Resolution Adoption - General Plan Amendment GPA-LV-4-22
-8 - Southeast Corner of 59th Avenue and Elliot Road (Resolution 22120)
Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
resolution if approved. Request to amend the General Plan Land Use Map designation
on 65.85 acres from Residential 3.5 to 5 dwelling units per acre and Residential 5 to
10 dwelling units per acre to Mixed Use (Commercial / Commerce/Business Park) and
Residential 15+ dwelling units per acre. This item is a companion case to Z-72-22-8
and must be heard first, followed by Z-72-22-8.
Summary
Application: GPA-LV-4-22-8
Current Designation: Residential 3.5 to 5 dwelling units per acre (38.60 acres) and
Residential 5 to 10 dwelling units per acre (27.25 acres)
Proposed Plan Designation: Mixed Use (Commercial / Commerce/Business Park)
(38.60 acres) and Residential 15+ dwelling units per acre (27.25 acres)
Acreage: 65.85
Proposed Use: Minor General Plan Amendment to allow commercial /
commerce/business park (northern portion) and residential 15+ dwelling units per acre
(southern portion)
Owner: Clyde David and Marsha Lou Smith
Applicant: IDM Companies
Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval.
VPC Information Only: The Laveen Village Planning Committee heard the case on
Jan. 9, 2023, and Feb. 13, 2023, for information only.
VPC Action: The Laveen Village Planning Committee heard the case on March 20,
2023, and recommended approval, by a vote of 8-0.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the Laveen Village Planning Committee recommendation,
by a vote of 5-0.
Page 699
Location
Southeast corner of 59th Avenue and Elliot Road
Council District: 8
Parcel Addresses: 5757 W. Elliot Road; 10925, 11075, and 11555 S. 59th Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 700
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION
RESOLUTION
A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-LV-4-22-8,
CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.
____________
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The 2015 Phoenix General Plan, which was adopted by
Resolution 21307, is hereby amended by adopting GPA-LV-4-22-8. The 65.85 acres
of property located at the southeast corner of 59th Avenue and Elliot Road is
designated as Mixed Use (Commercial / Commerce/Business Park) and Residential
15 dwelling units per acre).
SECTON 2. The Planning and Development Director is instructed to
modify the 2015 Phoenix General Plan to reflect this land use classification change as
shown below:
Page 701
PASSED by the Council of the City of Phoenix this 3rd day of May 2023.
MAYOR
ATTEST:
____________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:___________________________
___________________________
-2- Resolution
Page 702
REVIEWED BY:
______________________________
Jeffrey Barton, City Manager
-3- Resolution
Page 703
ATTACHMENT B
GENERAL PLAN AMENDMENT
STAFF ANALYSIS
March 16, 2023
Application: GPA-LV-4-22-8
Owner: Clyde David and Marsha Lou Smith
Applicant: IDM Companies
Representative: Jason Morris, Withey Morris, PLC
Location: Southeast corner of 59th Avenue and Elliot
Road
Acreage: 65.85 acres
Current Plan Designation: Residential 3.5 to 5 dwelling units per acre
(38.60 acres) and Residential 5 to 10 dwelling
units per acre (27.25 acres)
Requested Plan Designation: Mixed Use (Commercial / Commerce /
Business Park) (38.60 acres) and Residential
15+ dwelling units per acre (27.25 acres)
Reason for Requested Change: Minor General Plan Amendment to allow
commercial/commerce/business park
(northern potion) and residential 15+ dwelling
units per acre (southern portion)
Laveen Village Planning Committee March 20, 2023
Meeting Date:
Staff Recommendation: Approval
FINDINGS:
1) The proposed Mixed Use (Commercial / Commerce/Business Park) and
Residential 15+ dwelling units per acre Land Use Map designation provides
for a land use mix that is consistent with the site’s location within the Loop 202
Freeway corridor.
2) The proposed change coincides with rezoning proposal Z-72-22-8 that creates
a unified zoning framework through a Planned Unit Development (PUD) for
the entire site. The General Plan Amendment will provide for a General Plan
Land Use Map designation that is consistent with the proposed PUD.
Page 704
Staff Analysis
GPA-LV-4-22-8
BACKGROUND
The subject site is 65.85 gross acres
located at the southeast corner of
59th Avenue and Elliot Road. The
entire site is used for agriculture. The
north portion of the site is zoned S-1
(Approved R1-6 PCD) (Ranch or
Farm Residence, approved Single-
Family Residence District) and the
remainder of the site is zoned S-1 (R-
2 PCD) (Ranch or Farm Residence,
approved Multifamily Residence
District, Planned Community District)
This request proposes a minor
amendment to the General Plan Land
Use Map to allow commerce park,
commercial and residential uses on
the north portion and multifamily
residential 15+ dwelling units per
acre on the southern portion. Aerial Zoning Map
Source: Planning and Development Department
The proposal will modify the land use designation from 38.60 acres of Residential 3.5
to 5 dwelling units per acre and 27.25 acres of Residential 5 to 10 dwelling units per
acre to 38.60 acres of Mixed Use (Commercial / Commerce/Business Park) and 27.25
acres of Residential 15+ dwelling units per acre. The companion rezoning case, Z-72-
22-8, proposes a PUD to allow commerce park and residential uses.
SURROUNDING LAND USES
The subject site consists of agricultural land. The current General Plan Land Use Map
designation for the site is Residential 3.5 to 5 dwelling units per acre and Residential 5
to 10 dwelling units per acre.
NORTH
North of the subject site, across Elliot Road is agricultural land designated Residential
3.5 to 5 dwelling units per acre, Residential 10 to 15 dwelling units per acre and
Commercial. Northwest of the subject site is designated as Mixed Use (Commercial /
Commerce/Business Park).
SOUTH
South of the subject site, is vacant land designated Residential 3.5 to 5 dwelling units
per acre.
Page 705
Staff Analysis
GPA-LV-4-22-8
EAST
East of the subject site are single-family residential uses designated Residential 3.5 to
5 dwelling units per acre.
WEST
West of the subject site, across the 59th Avenue alignment, is a ranch residence and
vacant land designated Residential 5 to 10 dwelling units per acre and Commercial.
The Loop 202 freeway is also located west of the subject site and is designated
Commercial.
SOUTHWEST
Southwest of the subject site, across the Loop 202, is vacant land designated
Residential 5 to 10 dwelling units per acre.
RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES
STRENGTHEN OUR LOCAL ECONOMY CORE VALUE
• ENTREPRENEURS AND EMERGING ENTERPRISES; LAND USE
PRINCIPLE: Encourage land uses that promote the growth of
entrepreneurs or new businesses in Phoenix in appropriate locations.
This General Plan Amendment request, with the companion rezoning request,
Z-72-22-8, will support a variety of commerical and commerce park uses within
a quarter mile of the Laveen Village Core and the Loop 202 corridor. The
development will provide a place for a mix of business to operate and grow
within close proximity to housing options.
CONNECT PEOPLE AND PLACES CORE VALUE
• CORES, CENTERS & CORRIDORS; LAND USE PRINCIPLE: Locate land
uses with the greatest height and most intense uses within village cores,
centers and corridors based on village character, land use needs, and
transportation system capacity.
The proposed land use mix of commerce, commercial and multifamily
residential is consistent with the surrounding land uses. The acompanying
rezoning request provides a regulatory framework for a level of devleopment
intensity appropriate along the Loop 202 Freeway corridor.
Page 706
Staff Analysis
GPA-LV-4-22-8
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS
• DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Communities
should consist of a mix of land uses to provide housing, shopping,
dinning and recreational options for residents.
The proposed General Plan Land Use Map designation will allow for a mix of
uses including commercial, multifamily residential, and commerce park uses.
The wide range of designations in GPA-LV-4-22-8 will ensure a diverse
neighborhood which would be located along the Loop 202 Freeway corridor.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of GPA-LV-4-22-8 as filed. The request aligns with the
goals and policies of the General Plan and will result in a land use designation that will
maximize the property’s location in close proximity to a freeway. Along with the
companion rezoning case, Z-72-22-8, the General Plan Amendment will allow for a
compatible mix of land uses that will provide employment, services, and housing
opportunities for the Laveen community.
Writer
Nayeli Sanchez Luna
March 16, 2023
Team Leader
Racelle Escolar
Exhibits
Sketch Maps (2 pages)
Page 707
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-LV-4-22-8 ACRES: 65.85 +/- REVISION DATE:
VILLAGE: Laveen COUNCIL DISTRICT: 8 3/10/2023
APPLICANT: IDM Companies
EXISTING:
Residential 3.5 to 5 du / acre ( 38.6 +/- Acres)
Residential 5 to 10 du / acre ( 27.25 +/- Acres)
59TH AVE
Proposed Change ELLIOT RD
Residential 2 to 3.5 du/acre
Residential 3.5 to 5 du/acre
Residential 5 to 10 du/acre
Residential 10 to 15 du/acre
w
v202
Commercial
Public/Quasi-Public
Mixed Use (Commercial /
Commerce / Business Park)
PROPOSED CHANGE:
Mixed Use (Commercial / Commerce /
Business Park) ( 38.6 +/- Acres)
59TH AVE
Residential 15+ du/acre ( 27.25 +/- Acres)
ELLIOT RD
Proposed Change Area
Residential 15+ du/acre
Mixed Use (Commercial / Commerce /
Business Park)
w
v202
Page 708
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-LV-4-22-8 ACRES: 65.85 +/- REVISION DATE:
VILLAGE: Laveen COUNCIL DISTRICT: 8 3/10/2023
APPLICANT: IDM Companies
EXISTING:
Residential 3.5 to 5 du / acre ( 38.6 +/- Acres)
Residential 5 to 10 du / acre ( 27.25 +/- Acres)
59TH AVE
Proposed Change ELLIOT RD
Residential 2 to 3.5 du/ac
Residential 3.5 to 5 du/ac
Residential 5 to 10 du/ac
Residential 10 to 15 du/ac
w
v202
Commercial
Public/Quasi-Public
Mixed Use (Commercial /
Commerce / Business Park)
PROPOSED CHANGE:
Mixed Use (Commercial / Commerce /
Business Park) ( 38.6 +/- Acres)
59TH AVE
Residential 15+ du/acre ( 27.25 +/- Acres)
ELLIOT RD
Proposed Change
Residential 15+ du/ac
Mixed Use (Commercial / Commerce
/Business Park)
w
v202
Page 709
ATTACHMENT C
Village Planning Committee Meeting Summary
GPA-LV-4-22-8
INFORMATION ONLY
Date of VPC Meeting January 9, 2023
Request From Residential 3.5 to 5 dwelling units per acre and
Residential 5 to 10 dwelling units per acre
Request To Mixed Use (Industrial/Commerce/Business Park) and
Residential 15+ dwelling units per acre
Proposed Use Industrial/commerce park (northern portion) and
residential 15+ dwelling units per acre (southern portion)
Location Southeast corner of 59th Avenue and Elliot Road
VPC DISCUSSION:
Item No. 8 (Z-75-22-8), Item No. 9 (GPA-LV-4-22-8), Item No. 10 (Z-72-22-8), Item No.
11 (GPA-LV-5-22-7), and Item No. 12 (Z-73-22-7) were heard together.
Four members of the public registered to speak on these item. Two of the members
donated their time.
APPLICANT PRESENTATION:
Jason Morris, representing the applicant with Withey Morris PLC, introduced himself
and the three proposed projects by IDM. Mr. Morris stated that he will provide a
combined presentation for agenda items 8 though 12. Mr. Morris provided an overview
of IDM, describing the Columbia Tech Center, which is owned by IDM. Mr. Morris then
introduced Item No. 8 (Z-75-22-8), by the name of Curato, describing the site location,
changes made to the site plan and elevations, and the proposed site plan plus
elevations. Mr. Morris stated that 171 dwelling units are now proposed, with the primary
access along Elliot Road. Mr. Morris described the proposed building elevations,
renderings, site amenities, and housing plus retail trends in the area. Mr. Morris
concluded by listing various project benefits. Mr. Morris then introduced Item Nos. 9
(GPA-LV-4-22-8) and 10 (Z-72-22-8), by the name of Acero Laveen, describing the site
location, development units, site plans, renderings, landscape concepts, common
tenants in commerce parks, proposed buffering, traffic circulation, and referenced other
developments. Mr. Morris described site amenities proposed in Development Unit 2,
housing trends, and off-premise signage. Mr. Morris concluded by listing various project
benefits. Mr. Morris then introduced Item Nos. 11 (GPA-LV-5-22-7) and 12 (Z-73-22-7),
by the name of Envision Dobbins 202 West, describing the site location and how this
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 710
development furthers the Loop 202 technology corridor. Mr. Morris described the site
plan, project phases, renderings, common tenants in commerce parks, and provided an
example of a common distribution facility. Mr. Morris stated that there are performance
criteria for distribution facilities embedded in the proposed PUD Narrative. Mr. Morris
described the project benefits and concluded by summarizing the outreach conducted
on these cases.
QUESTIONS FROM COMMITTEE:
None.
PUBLIC COMMENTS:
Dan Penton stated that on case Z-75-22-8, staff was not in favor of the initial
multifamily zoning proposed there. Mr. Penton discussed multifamily projects in the area
and has concerns with the buildings proposed on case Z-72-22-8 due to the height,
scale, and lack of commercial uses. Mr. Penton stated that the frontage along 59th
Avenue that is proposed looks bad due to the building locations. Mr. Penton discussed
a bicycle way and improving connectivity on the site. Mr. Penton has concerns with the
proposed
Phil Hertel registered to speak on these items but was disconnected during public
comment portion.
APPLICANT RESPONSE:
None.
COMMITTEE DISCUSSION:
Carlos Ortega stated that too many projects are being presented at one time by the
applicant and feels overwhelmed. Mr. Ortega would like for applicants to present their
projects individually instead.
Rebecca Perrera would like to see refinement in the building elevations and became
confused by the numerous projects discussed at one time.
Chair Abegg would like to see more details on each case and is not supportive of
distribution facilities as primary uses permitted in sites. Chair Abegg would like to see a
stipulation reserving a grocery store location in the area.
Mr. Morris responded that he would gladly present these cases separately in the future.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 711
Village Planning Committee Meeting Summary
GPA-LV-4-22-8
INFORMATION ONLY
Date of VPC Meeting February 13, 2023
Request From Residential 3.5 to 5 dwelling units per acre and
Residential 5 to 10 dwelling units per acre
Request To Mixed Use (Industrial/Commerce/Business Park) and
Residential 15+ dwelling units per acre
Proposed Use Industrial/commerce park (northern portion) and
residential 15+ dwelling units per acre (southern portion)
Location Southeast corner of 59th Avenue and Elliot Road
VPC DISCUSSION:
Item No. 9 (GPA-LV-4-22-8) and Item No. 10 (Z-72-22-8) were heard together.
Ten members of the public registered to speak on these items. Six of the members
donated their time.
APPLICANT PRESENTATION:
Ben Tate, representing the applicant with Withey Morris PLC., introduced himself and
the proposed project. Mr. Tate described the location of the site and discussed the
initial proposal which was divided into two phases. Mr. Tate stated that the current
version of the project has three phases, with the addition of a “casita” or multifamily
phase along the northeastern portion of the site. Mr. Tate added that other changes
include a significant area reduction in Phase 1 which is a mix of commercial and
commerce park uses due to concerns from the neighbors on the scale of the flex
buildings proposed. Mr. Tate discussed the site plans and conceptual elevations
proposed for each phase. Mr. Tate discussed the amenities that will be provided in
each of the units and common areas throughout the residential sites. Mr. Tate
discussed IDM Cares, which is a non-profit arm of IDM, and the two proposed off-
premise signs. Mr. Tate provided a summary of the public outreach conducted and
project benefits.
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 712
QUESTIONS FROM COMMITTEE:
Dean Chiarelli asked for clarification on the street improvements along Dobbins Road.
Mr. Chiarelli described the conditions on Dobbins Road and added that he has lived in
the area and expects more homes to be built along there.
Carlos Ortega has questions about the donation from the billboards towards public
parks in the area and wants to ensure accountability with those funds. Mr. Tate
responded by discussing the height of the proposed multifamily units and adding that a
total of 579 dwelling units are proposed across the PUD. Mr. Tate added that a
maximum height of 48 feet is proposed for the billboards, which is allowed by the
Zoning Ordinance. Mr. Tate stated that a separate account would be created for the
funds going towards parks.
Chair Abegg asked if the units in the casita product will also have private backyards.
Mr. Tate responded that private backyards will be provided for each unit and that street
improvements will be made on adjacent streets, including a traffic signal at the adjacent
intersection.
Chair Abegg appreciates the dressing of the poles for the billboard signs and
discussed street improvements plus other development in the general area.
PUBLIC COMMENTS:
Patrick Nasser appreciates the changes made to the layout of the commerce park
portion of the site, but now sees an issue with the impact from this commerce park area
to the proposed casita development next to it. Mr. Nasser asked for the removal of the
commerce park area from the site and wants to know the specific height of three-story
apartments proposed. Mr. Nasser would like clarification on the number of dwelling
units proposed across the entire PUD. Mr. Nasser stated that the density of 18.2
dwelling units per acre is much higher than other multifamily projects in the area which
have a density closer to 12 dwelling units per acre. Mr. Nasser stated the reducing the
height of the multifamily from three to two stories would by default reduce the density
and parking requirements, allowing for more open space. Mr. Nasser would also like to
know the height of the proposed billboard signs.
Gwen Kowalski appreciates the changes made to the project as she lives east of this
development. Ms. Kowalski would like for the warehouse buildings to be re-oriented as
to not block views of the mountains for her, and to help reduce the height further plus
reduce semi-truck traffic in the area. Ms. Kowalski is excited about the new
development but has concerns about the uses proposed.
Kevin Joyner echoes the comments made and added that the community has
concerns with the three stories and density proposed for the multifamily portion of the
site. Mr. Joyner added that the billboards proposed are also of concern.
Dan Penton discussed the proposed billboard locations along the Loop 202 freeway,
noting that there are lots of these already. Mr. Penton is largely opposed to billboards,
although the ones proposed here look better than the others that exist already and
have a community benefits. Mr. Penton stated that these billboards would set a new
minimum standard moving forward and would like for the angle on the displays to be
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 713
modified to avoid impacts to the adjacent community. Mr. Penton stated the brightness
of the billboard signs should be reduced and turned off after 10pm. Mr. Penton stated
that the orientation of the two larger commerce park buildings would help block noise
from the freeway to the adjacent casita development unit. Mr. Penton stated that this
latest proposal is a compromise.
APPLICANT RESPONSE:
Mr. Tate thanked the committee for the feedback provided.
COMMITTEE DISCUSSION:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 714
Village Planning Committee Meeting Summary
GPA-LV-4-22-8
Date of VPC Meeting March 20, 2023
Request From Residential 3.5 to 5 dwelling units per acre (northern
portion) and Residential 5 to 10 dwelling units per acre
(southern portion)
Request To Commercial / Commerce/Business Park (northern
portion) and Residential 15+ dwelling units per acre
(southern portion)
Proposed Use Commercial / commerce/business park (northern potion)
and residential 15+ dwelling units per acre (southern
portion)
Location Southeast corner of 59th Avenue and Elliot Road
VPC Recommendation Approval, per the staff recommendation
VPC Vote 8-0
VPC DISCUSSION:
Item No. 6 (GPA-LV-4-22-8) and Item No. 7 (Z-72-22-8) were heard together.
Committee member Patrick Nasser-Taylor declared a conflict of interest and left the
meeting, brining quorum to 8 members.
Thirty members of the public registered to speak on these items. Thirteen of the
members donated their time.
Staff Presentation:
Nayeli Sanchez Luna, staff, presented an overview of GPA-LV-4-22-8 and Z-72-22-8.
Mrs. Sanchez Luna discussed the location of the site, the requested zoning
designation, the surrounding land uses, and the proposed General Plan Land Use
Map designation. Mrs. Sanchez Luna summarized policy plans in the area and noted
that the proposed development integrated design elements that supported the plans.
Mrs. Sanchez Luna concluded the presentation by summarizing the staff findings,
summarizing public correspondence, providing the staff recommendation and
proposed stipulations.
Applicant Presentation:
Jason Morris, representing the applicant with Withey Morris, provided an overview of
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 715
the proposed cases. Mr. Morris summarized previous request that included large
commerce park and industrial uses and noted the changes to the current proposal. Mr.
Morris displayed Development Unit 1 and summarized the commercial and commerce
park uses allowed on site. Mr. Morris displayed Development Unit 3 and summarized
the multifamily project noting the setbacks, open space, and building renderings. Mr.
Morris displayed Development Unit 2 and summarized the multifamily project noting
the proposed height, amenities, density, and floor plans. Mr. Morris demonstrated the
conceptual view corridor and noted the reduction in proposed height. Mr. Morris
summarized the presentation by outlined the development standards for the proposed
off-premise signage.
Questions from the committee:
None.
Public Comment:
Phil Hertel stated that he was opposed to the proposed density and that the open
space requirements should be increased to fifteen percent. Mr. Hertel asked for more
information regarding school funding. Mr. Hertel requested that the case be continued
to the next committee meeting.
Mrs. Sanchez Luna stated that Breanna Wandrych, who registered to speak, was not
present in the attendee list. Mrs. Sanchez Luna and Chair Lina Abegg confirmed
that Breanna Wandrych was not on the attendee list.
Mark Williams requested that the proposed multifamily have a maximum of two
stories along the easter portion of the site. Mr. Williams stated that the proposed
height did not include the pitch of the roofs and requested a maximum height that
would not restrict views. Mr. Williams stated that he supported medical uses but was
opposed to the proposed density and height. Mr. Williams concluded his comment by
stating that the conceptual views presented were deceitful.
Mrs. Sanchez Luna stated that Ana Alvarado, who registered to speak, was not
present in the attendee list. Chair Abegg requested to continue to the next public
comment.
Shaina Bontrager stated that she was opposed to the proposed density and the
three-story height. Ms. Bontrager added that she agreed with Mark Williams’ comment
regarding the conceptual view.
Carmen Terrell stated that she was opposed to the entire PUD and would rather see
agricultural uses like a community garden. Ms. Terrell added that the surrounding
properties were not taken into consideration. Ms. Terrell noted that a portion of the
housing should be low-income. Ms. Terrell concluded her comment by reiterating that
she was opposed to the entire PUD and request the dates for the next hearings.
Danielle Younkin stated that she supported Mark Williams comment regarding the
single-story multifamily proposal, density, and height restrictions. Ms. Younkin added
that the conceptual views presented were deceitful. Ms. Younkin requested that the
off-premise signage have a maximum height of 30 feet. Ms. Younkin concluded her
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 716
comment by stating that the applicant could not guarantee certain commercial uses on
Development Unit 1.
Cassandra Gannis stated that the applicant has ignored the opposition for off-
premise signage. Ms. Gannis stated that she was opposed to the proposed three-story
multifamily housing and requested more commercial uses.
David Barrera stated that he was opposed to the proposed density. Mr. Barrera
stated that an increase in population would lead to more crime. Mr. Barrera requested
the multifamily development to prohibit low-income rental units or senior living
facilities.
Gwen Kowalski requested that the proposed multifamily development be reduced to
two-stories. Ms. Kowalski noted that the proposed height would eliminate scenic
views. Ms. Kowalski agreed with height restricts to protect scenic views. Ms. Kowalski
supported the revenue for the off-premise signs; however, requested a maximum
height of 30 feet and shut off time of 10:00 p.m. Ms. Kowalski requested that members
that have a conflict of interest and that were on a school board, to remove themselves
from the case.
Josh Younkin stated that the conceptual views were disingenuous. Mr. Younkin
stated that the conceptual view did not provide a ground level perspective. Mr.
Younkin stated that he was opposed to the proposal.
Sean Goughan stated that he was opposed to the proposed density and height. Mr.
Goughan requested the case to be continued. Mr. Goughan added that he was
opposed to low-income housing.
Katalin Rivera stated that the proposed changes have been insufficient. Ms. Rivera
reiterated that the conceptual view was deceitful and that scenic views will be
obstructed. Ms. Rivera requested the case to be continued so that the applicant could
address the community’s concerns.
Mrs. Sanchez Luna stated that Andrew Norlen, who registered to speak, was not
present in the attendee list.
Mrs. Sanchez Luna stated that Felicia Chavez, who registered to speak, was not
present in the attendee list.
Maria Reagin stated that she was opposed to the PUD. Ms. Reagin requested the off-
premise signs to have a maximum height of 30 feet. Ms. Reagin requested stipulations
to be added that would limit the type of commercial businesses allowed in
Development Unit 1. Ms. Reagin added that she agreed with Phil Hertel’s comments
and Mark Williams’ comments.
Dan Penton stated that he supported the proposed PUD but still had some concerns.
Mr. Penton requested three-story buildings to be located centrally. Mr. Penton noted
that the surrounding population needed safer pedestrian pathways and areas. Mr.
Penton added that he had concerns with traffic and requested limited commercial
traffic. Mr. Penton requested cross sections to be modified to support a safe
pedestrian atmosphere. Mr. Penton added that development was inevitable. Mr.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 717
Penton stated that he supported one off-premise sign and the proposed height. Mr.
Penton requested the hours of operation to be reduced. Mr. Penton concluded his
comment by requesting the applicant to address the community concerns.
Carlos Ortega asked if the twelve members who donated their time to Dan Penton
agreed with his perspective. Chair Abegg stated that members donated their time
because they support Dan Penton’s perspective. Mr. Penton stated that he
incorporates the community’s opinion into his public comment.
Dean Chiarelli requested the applicant to clarify if the proposed height exceeded the
current zoning designation. Mr. Chiarelli asked if the proposed off-premise signage
height of 45 feet exceeded the allowed height in the Zoning Ordinance.
Applicant Response:
Mr. Morris stated that the proposed height would be allowed in the current R-2 zoning
designation. Mr. Morris stated that off-premise signage became and allowed use when
the freeway corridor was established by the City Council. Mr. Morris added that there
were no other off-premise signs in the area. Mr. Morris stated that the proposed
development includes an additional 87 units than that allowed underlying zoning
designation. Mr. Morris added that if the proposal had a maximum height of two-
stories, then that would increase the density of the PUD. Mr. Morris stated that one-
and two-story buildings will be located when adjacent to existing single-family
residential uses. Mr. Morris noted that the conceptual views were taken from a height
of 25 through 35 feet to demonstrate visibility above perimeter walls. Mr. Morris stated
that the City Council has allowed the use of off-premise signage in the freeway
corridor and noted that funding would benefit Laveen. Mr. Morris added that the
proposed PUD has addressed community concerns and that the proposed uses were
compatible with the freeway corridor. Mr. Morris noted that the development would
also provide street improvements.
Committee Discussion:
Rebecca Perrera stated that she wanted to address some comments she heard
regarding conflict of interest and school board members. Ms. Perrera stated that a
non-salary board member does not constitute a conflict of interest.
Vice Chair Stephanie Hurd requested members of the public to share their support or
opposition before the meeting.
Ms. Perrera thanked the community and the applicant for their input and stated that
the proposal has changed since it was last presented to the community. Vice Chair
Hurd stated that the applicant has had a lot of progress in their proposal and that it
would benefit Laveen.
Motion:
Vice Chair Stephanie Hurd motioned to recommend approval of GPA-LV-4-22-8 per
the staff recommendation. Jennifer Rouse seconded the motion.
Vote:
8-0-0, Motion passed with Committee Members Barraza, Chiarelli, Jensen, Ortega,
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 718
Perrera, Rouse, Hurd, and Abegg in favor.
Chair Abegg stated that Planning Commission hearing will be on April 13th and the
speak can register for the next hearings.
Staff comments regarding VPC Recommendation:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 719
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 4
DISTRICT NO.: 8
SUBJECT:
Application #: GPA-LV-4-22-8 (Companion Case Z-72-22-8)
Location: Southeast corner of 59th Avenue and Elliot Road
From: Residential 3.5 to 5 dwelling units per acre and Residential 5 to 10
dwellings per acre
To: Mixed Use (Commercial / Commerce/Business Park) and Residential 15+
dwelling units per acre
Acreage: 65.85
Proposal: Minor General Plan Amendment to allow commercial / commerce/business
park (northern potion) and residential 15+ dwelling units per acre (southern
portion).
Applicant: IDM Companies
Owner: Clyde David and Marsha Lou Smith, The Smith Trust dated May 30, 2003
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval.
Village Planning Committee (VPC) Recommendation:
Laveen 1/9/2023 Information only.
Laveen 2/13/2023 Information only.
Laveen 3/20/2023 Approval. Vote: 8-0.
Planning Commission Recommendation: Approval, per the Laveen Planning Committee
recommendation.
Motion Discussion: N/A
Motion details: Commissioner Busching made a MOTION to approve GPA-LV-4-22-8, per the
Laveen Village Planning Committee recommendation.
Maker: Busching
Second: Mangum
Vote: 5-0
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: Yes
Findings:
1. The proposed Mixed Use (Commercial / Commerce/Business Park) and Residential 15+
dwelling units per acre Land Use Map designation provides for a land use mix that is consistent
with the site’s location within the Loop 202 Freeway corridor.
2. The proposed change coincides with rezoning proposal Z-72-22-8 that creates a unified zoning
framework through a Planned Unit Development (PUD) for the entire site. The General Plan
Page 720
Amendment will provide for a General Plan Land Use Map designation that is consistent with
the proposed PUD.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 721
ATTACHMENT E
Nayeli Sanchez Luna
Subject: FW: Items 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
From: Richard Escoto
Sent: Monday, March 20, 2023 3:55 PM
To: PDD Long Range Planning
Subject: Items 6 (GPA‐LV‐4‐22‐8) & 7 (Z‐72‐22‐8)
To whom it may concern ‐ We do not approve of the aforementioned items.
Sincerely,
Richard Escoto
786‐208‐1227
Page 722
Report
-8 - Southeast Corner of 59th Avenue and Elliot Road (Resolution 22120)
Request to hold a public hearing on a General Plan Amendment for the following item
to consider adopting the Planning Commission's recommendation and the related
resolution if approved. Request to amend the General Plan Land Use Map designation
on 65.85 acres from Residential 3.5 to 5 dwelling units per acre and Residential 5 to
10 dwelling units per acre to Mixed Use (Commercial / Commerce/Business Park) and
Residential 15+ dwelling units per acre. This item is a companion case to Z-72-22-8
and must be heard first, followed by Z-72-22-8.
Summary
Application: GPA-LV-4-22-8
Current Designation: Residential 3.5 to 5 dwelling units per acre (38.60 acres) and
Residential 5 to 10 dwelling units per acre (27.25 acres)
Proposed Plan Designation: Mixed Use (Commercial / Commerce/Business Park)
(38.60 acres) and Residential 15+ dwelling units per acre (27.25 acres)
Acreage: 65.85
Proposed Use: Minor General Plan Amendment to allow commercial /
commerce/business park (northern portion) and residential 15+ dwelling units per acre
(southern portion)
Owner: Clyde David and Marsha Lou Smith
Applicant: IDM Companies
Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval.
VPC Information Only: The Laveen Village Planning Committee heard the case on
Jan. 9, 2023, and Feb. 13, 2023, for information only.
VPC Action: The Laveen Village Planning Committee heard the case on March 20,
2023, and recommended approval, by a vote of 8-0.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval, per the Laveen Village Planning Committee recommendation,
by a vote of 5-0.
Page 699
Location
Southeast corner of 59th Avenue and Elliot Road
Council District: 8
Parcel Addresses: 5757 W. Elliot Road; 10925, 11075, and 11555 S. 59th Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 700
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED RESOLUTION
RESOLUTION
A RESOLUTION ADOPTING AN AMENDMENT TO THE 2015
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-LV-4-22-8,
CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.
____________
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The 2015 Phoenix General Plan, which was adopted by
Resolution 21307, is hereby amended by adopting GPA-LV-4-22-8. The 65.85 acres
of property located at the southeast corner of 59th Avenue and Elliot Road is
designated as Mixed Use (Commercial / Commerce/Business Park) and Residential
15 dwelling units per acre).
SECTON 2. The Planning and Development Director is instructed to
modify the 2015 Phoenix General Plan to reflect this land use classification change as
shown below:
Page 701
PASSED by the Council of the City of Phoenix this 3rd day of May 2023.
MAYOR
ATTEST:
____________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:___________________________
___________________________
-2- Resolution
Page 702
REVIEWED BY:
______________________________
Jeffrey Barton, City Manager
-3- Resolution
Page 703
ATTACHMENT B
GENERAL PLAN AMENDMENT
STAFF ANALYSIS
March 16, 2023
Application: GPA-LV-4-22-8
Owner: Clyde David and Marsha Lou Smith
Applicant: IDM Companies
Representative: Jason Morris, Withey Morris, PLC
Location: Southeast corner of 59th Avenue and Elliot
Road
Acreage: 65.85 acres
Current Plan Designation: Residential 3.5 to 5 dwelling units per acre
(38.60 acres) and Residential 5 to 10 dwelling
units per acre (27.25 acres)
Requested Plan Designation: Mixed Use (Commercial / Commerce /
Business Park) (38.60 acres) and Residential
15+ dwelling units per acre (27.25 acres)
Reason for Requested Change: Minor General Plan Amendment to allow
commercial/commerce/business park
(northern potion) and residential 15+ dwelling
units per acre (southern portion)
Laveen Village Planning Committee March 20, 2023
Meeting Date:
Staff Recommendation: Approval
FINDINGS:
1) The proposed Mixed Use (Commercial / Commerce/Business Park) and
Residential 15+ dwelling units per acre Land Use Map designation provides
for a land use mix that is consistent with the site’s location within the Loop 202
Freeway corridor.
2) The proposed change coincides with rezoning proposal Z-72-22-8 that creates
a unified zoning framework through a Planned Unit Development (PUD) for
the entire site. The General Plan Amendment will provide for a General Plan
Land Use Map designation that is consistent with the proposed PUD.
Page 704
Staff Analysis
GPA-LV-4-22-8
BACKGROUND
The subject site is 65.85 gross acres
located at the southeast corner of
59th Avenue and Elliot Road. The
entire site is used for agriculture. The
north portion of the site is zoned S-1
(Approved R1-6 PCD) (Ranch or
Farm Residence, approved Single-
Family Residence District) and the
remainder of the site is zoned S-1 (R-
2 PCD) (Ranch or Farm Residence,
approved Multifamily Residence
District, Planned Community District)
This request proposes a minor
amendment to the General Plan Land
Use Map to allow commerce park,
commercial and residential uses on
the north portion and multifamily
residential 15+ dwelling units per
acre on the southern portion. Aerial Zoning Map
Source: Planning and Development Department
The proposal will modify the land use designation from 38.60 acres of Residential 3.5
to 5 dwelling units per acre and 27.25 acres of Residential 5 to 10 dwelling units per
acre to 38.60 acres of Mixed Use (Commercial / Commerce/Business Park) and 27.25
acres of Residential 15+ dwelling units per acre. The companion rezoning case, Z-72-
22-8, proposes a PUD to allow commerce park and residential uses.
SURROUNDING LAND USES
The subject site consists of agricultural land. The current General Plan Land Use Map
designation for the site is Residential 3.5 to 5 dwelling units per acre and Residential 5
to 10 dwelling units per acre.
NORTH
North of the subject site, across Elliot Road is agricultural land designated Residential
3.5 to 5 dwelling units per acre, Residential 10 to 15 dwelling units per acre and
Commercial. Northwest of the subject site is designated as Mixed Use (Commercial /
Commerce/Business Park).
SOUTH
South of the subject site, is vacant land designated Residential 3.5 to 5 dwelling units
per acre.
Page 705
Staff Analysis
GPA-LV-4-22-8
EAST
East of the subject site are single-family residential uses designated Residential 3.5 to
5 dwelling units per acre.
WEST
West of the subject site, across the 59th Avenue alignment, is a ranch residence and
vacant land designated Residential 5 to 10 dwelling units per acre and Commercial.
The Loop 202 freeway is also located west of the subject site and is designated
Commercial.
SOUTHWEST
Southwest of the subject site, across the Loop 202, is vacant land designated
Residential 5 to 10 dwelling units per acre.
RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES
STRENGTHEN OUR LOCAL ECONOMY CORE VALUE
• ENTREPRENEURS AND EMERGING ENTERPRISES; LAND USE
PRINCIPLE: Encourage land uses that promote the growth of
entrepreneurs or new businesses in Phoenix in appropriate locations.
This General Plan Amendment request, with the companion rezoning request,
Z-72-22-8, will support a variety of commerical and commerce park uses within
a quarter mile of the Laveen Village Core and the Loop 202 corridor. The
development will provide a place for a mix of business to operate and grow
within close proximity to housing options.
CONNECT PEOPLE AND PLACES CORE VALUE
• CORES, CENTERS & CORRIDORS; LAND USE PRINCIPLE: Locate land
uses with the greatest height and most intense uses within village cores,
centers and corridors based on village character, land use needs, and
transportation system capacity.
The proposed land use mix of commerce, commercial and multifamily
residential is consistent with the surrounding land uses. The acompanying
rezoning request provides a regulatory framework for a level of devleopment
intensity appropriate along the Loop 202 Freeway corridor.
Page 706
Staff Analysis
GPA-LV-4-22-8
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS
• DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Communities
should consist of a mix of land uses to provide housing, shopping,
dinning and recreational options for residents.
The proposed General Plan Land Use Map designation will allow for a mix of
uses including commercial, multifamily residential, and commerce park uses.
The wide range of designations in GPA-LV-4-22-8 will ensure a diverse
neighborhood which would be located along the Loop 202 Freeway corridor.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of GPA-LV-4-22-8 as filed. The request aligns with the
goals and policies of the General Plan and will result in a land use designation that will
maximize the property’s location in close proximity to a freeway. Along with the
companion rezoning case, Z-72-22-8, the General Plan Amendment will allow for a
compatible mix of land uses that will provide employment, services, and housing
opportunities for the Laveen community.
Writer
Nayeli Sanchez Luna
March 16, 2023
Team Leader
Racelle Escolar
Exhibits
Sketch Maps (2 pages)
Page 707
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-LV-4-22-8 ACRES: 65.85 +/- REVISION DATE:
VILLAGE: Laveen COUNCIL DISTRICT: 8 3/10/2023
APPLICANT: IDM Companies
EXISTING:
Residential 3.5 to 5 du / acre ( 38.6 +/- Acres)
Residential 5 to 10 du / acre ( 27.25 +/- Acres)
59TH AVE
Proposed Change ELLIOT RD
Residential 2 to 3.5 du/acre
Residential 3.5 to 5 du/acre
Residential 5 to 10 du/acre
Residential 10 to 15 du/acre
w
v202
Commercial
Public/Quasi-Public
Mixed Use (Commercial /
Commerce / Business Park)
PROPOSED CHANGE:
Mixed Use (Commercial / Commerce /
Business Park) ( 38.6 +/- Acres)
59TH AVE
Residential 15+ du/acre ( 27.25 +/- Acres)
ELLIOT RD
Proposed Change Area
Residential 15+ du/acre
Mixed Use (Commercial / Commerce /
Business Park)
w
v202
Page 708
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-LV-4-22-8 ACRES: 65.85 +/- REVISION DATE:
VILLAGE: Laveen COUNCIL DISTRICT: 8 3/10/2023
APPLICANT: IDM Companies
EXISTING:
Residential 3.5 to 5 du / acre ( 38.6 +/- Acres)
Residential 5 to 10 du / acre ( 27.25 +/- Acres)
59TH AVE
Proposed Change ELLIOT RD
Residential 2 to 3.5 du/ac
Residential 3.5 to 5 du/ac
Residential 5 to 10 du/ac
Residential 10 to 15 du/ac
w
v202
Commercial
Public/Quasi-Public
Mixed Use (Commercial /
Commerce / Business Park)
PROPOSED CHANGE:
Mixed Use (Commercial / Commerce /
Business Park) ( 38.6 +/- Acres)
59TH AVE
Residential 15+ du/acre ( 27.25 +/- Acres)
ELLIOT RD
Proposed Change
Residential 15+ du/ac
Mixed Use (Commercial / Commerce
/Business Park)
w
v202
Page 709
ATTACHMENT C
Village Planning Committee Meeting Summary
GPA-LV-4-22-8
INFORMATION ONLY
Date of VPC Meeting January 9, 2023
Request From Residential 3.5 to 5 dwelling units per acre and
Residential 5 to 10 dwelling units per acre
Request To Mixed Use (Industrial/Commerce/Business Park) and
Residential 15+ dwelling units per acre
Proposed Use Industrial/commerce park (northern portion) and
residential 15+ dwelling units per acre (southern portion)
Location Southeast corner of 59th Avenue and Elliot Road
VPC DISCUSSION:
Item No. 8 (Z-75-22-8), Item No. 9 (GPA-LV-4-22-8), Item No. 10 (Z-72-22-8), Item No.
11 (GPA-LV-5-22-7), and Item No. 12 (Z-73-22-7) were heard together.
Four members of the public registered to speak on these item. Two of the members
donated their time.
APPLICANT PRESENTATION:
Jason Morris, representing the applicant with Withey Morris PLC, introduced himself
and the three proposed projects by IDM. Mr. Morris stated that he will provide a
combined presentation for agenda items 8 though 12. Mr. Morris provided an overview
of IDM, describing the Columbia Tech Center, which is owned by IDM. Mr. Morris then
introduced Item No. 8 (Z-75-22-8), by the name of Curato, describing the site location,
changes made to the site plan and elevations, and the proposed site plan plus
elevations. Mr. Morris stated that 171 dwelling units are now proposed, with the primary
access along Elliot Road. Mr. Morris described the proposed building elevations,
renderings, site amenities, and housing plus retail trends in the area. Mr. Morris
concluded by listing various project benefits. Mr. Morris then introduced Item Nos. 9
(GPA-LV-4-22-8) and 10 (Z-72-22-8), by the name of Acero Laveen, describing the site
location, development units, site plans, renderings, landscape concepts, common
tenants in commerce parks, proposed buffering, traffic circulation, and referenced other
developments. Mr. Morris described site amenities proposed in Development Unit 2,
housing trends, and off-premise signage. Mr. Morris concluded by listing various project
benefits. Mr. Morris then introduced Item Nos. 11 (GPA-LV-5-22-7) and 12 (Z-73-22-7),
by the name of Envision Dobbins 202 West, describing the site location and how this
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 710
development furthers the Loop 202 technology corridor. Mr. Morris described the site
plan, project phases, renderings, common tenants in commerce parks, and provided an
example of a common distribution facility. Mr. Morris stated that there are performance
criteria for distribution facilities embedded in the proposed PUD Narrative. Mr. Morris
described the project benefits and concluded by summarizing the outreach conducted
on these cases.
QUESTIONS FROM COMMITTEE:
None.
PUBLIC COMMENTS:
Dan Penton stated that on case Z-75-22-8, staff was not in favor of the initial
multifamily zoning proposed there. Mr. Penton discussed multifamily projects in the area
and has concerns with the buildings proposed on case Z-72-22-8 due to the height,
scale, and lack of commercial uses. Mr. Penton stated that the frontage along 59th
Avenue that is proposed looks bad due to the building locations. Mr. Penton discussed
a bicycle way and improving connectivity on the site. Mr. Penton has concerns with the
proposed
Phil Hertel registered to speak on these items but was disconnected during public
comment portion.
APPLICANT RESPONSE:
None.
COMMITTEE DISCUSSION:
Carlos Ortega stated that too many projects are being presented at one time by the
applicant and feels overwhelmed. Mr. Ortega would like for applicants to present their
projects individually instead.
Rebecca Perrera would like to see refinement in the building elevations and became
confused by the numerous projects discussed at one time.
Chair Abegg would like to see more details on each case and is not supportive of
distribution facilities as primary uses permitted in sites. Chair Abegg would like to see a
stipulation reserving a grocery store location in the area.
Mr. Morris responded that he would gladly present these cases separately in the future.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 711
Village Planning Committee Meeting Summary
GPA-LV-4-22-8
INFORMATION ONLY
Date of VPC Meeting February 13, 2023
Request From Residential 3.5 to 5 dwelling units per acre and
Residential 5 to 10 dwelling units per acre
Request To Mixed Use (Industrial/Commerce/Business Park) and
Residential 15+ dwelling units per acre
Proposed Use Industrial/commerce park (northern portion) and
residential 15+ dwelling units per acre (southern portion)
Location Southeast corner of 59th Avenue and Elliot Road
VPC DISCUSSION:
Item No. 9 (GPA-LV-4-22-8) and Item No. 10 (Z-72-22-8) were heard together.
Ten members of the public registered to speak on these items. Six of the members
donated their time.
APPLICANT PRESENTATION:
Ben Tate, representing the applicant with Withey Morris PLC., introduced himself and
the proposed project. Mr. Tate described the location of the site and discussed the
initial proposal which was divided into two phases. Mr. Tate stated that the current
version of the project has three phases, with the addition of a “casita” or multifamily
phase along the northeastern portion of the site. Mr. Tate added that other changes
include a significant area reduction in Phase 1 which is a mix of commercial and
commerce park uses due to concerns from the neighbors on the scale of the flex
buildings proposed. Mr. Tate discussed the site plans and conceptual elevations
proposed for each phase. Mr. Tate discussed the amenities that will be provided in
each of the units and common areas throughout the residential sites. Mr. Tate
discussed IDM Cares, which is a non-profit arm of IDM, and the two proposed off-
premise signs. Mr. Tate provided a summary of the public outreach conducted and
project benefits.
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 712
QUESTIONS FROM COMMITTEE:
Dean Chiarelli asked for clarification on the street improvements along Dobbins Road.
Mr. Chiarelli described the conditions on Dobbins Road and added that he has lived in
the area and expects more homes to be built along there.
Carlos Ortega has questions about the donation from the billboards towards public
parks in the area and wants to ensure accountability with those funds. Mr. Tate
responded by discussing the height of the proposed multifamily units and adding that a
total of 579 dwelling units are proposed across the PUD. Mr. Tate added that a
maximum height of 48 feet is proposed for the billboards, which is allowed by the
Zoning Ordinance. Mr. Tate stated that a separate account would be created for the
funds going towards parks.
Chair Abegg asked if the units in the casita product will also have private backyards.
Mr. Tate responded that private backyards will be provided for each unit and that street
improvements will be made on adjacent streets, including a traffic signal at the adjacent
intersection.
Chair Abegg appreciates the dressing of the poles for the billboard signs and
discussed street improvements plus other development in the general area.
PUBLIC COMMENTS:
Patrick Nasser appreciates the changes made to the layout of the commerce park
portion of the site, but now sees an issue with the impact from this commerce park area
to the proposed casita development next to it. Mr. Nasser asked for the removal of the
commerce park area from the site and wants to know the specific height of three-story
apartments proposed. Mr. Nasser would like clarification on the number of dwelling
units proposed across the entire PUD. Mr. Nasser stated that the density of 18.2
dwelling units per acre is much higher than other multifamily projects in the area which
have a density closer to 12 dwelling units per acre. Mr. Nasser stated the reducing the
height of the multifamily from three to two stories would by default reduce the density
and parking requirements, allowing for more open space. Mr. Nasser would also like to
know the height of the proposed billboard signs.
Gwen Kowalski appreciates the changes made to the project as she lives east of this
development. Ms. Kowalski would like for the warehouse buildings to be re-oriented as
to not block views of the mountains for her, and to help reduce the height further plus
reduce semi-truck traffic in the area. Ms. Kowalski is excited about the new
development but has concerns about the uses proposed.
Kevin Joyner echoes the comments made and added that the community has
concerns with the three stories and density proposed for the multifamily portion of the
site. Mr. Joyner added that the billboards proposed are also of concern.
Dan Penton discussed the proposed billboard locations along the Loop 202 freeway,
noting that there are lots of these already. Mr. Penton is largely opposed to billboards,
although the ones proposed here look better than the others that exist already and
have a community benefits. Mr. Penton stated that these billboards would set a new
minimum standard moving forward and would like for the angle on the displays to be
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 713
modified to avoid impacts to the adjacent community. Mr. Penton stated the brightness
of the billboard signs should be reduced and turned off after 10pm. Mr. Penton stated
that the orientation of the two larger commerce park buildings would help block noise
from the freeway to the adjacent casita development unit. Mr. Penton stated that this
latest proposal is a compromise.
APPLICANT RESPONSE:
Mr. Tate thanked the committee for the feedback provided.
COMMITTEE DISCUSSION:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 714
Village Planning Committee Meeting Summary
GPA-LV-4-22-8
Date of VPC Meeting March 20, 2023
Request From Residential 3.5 to 5 dwelling units per acre (northern
portion) and Residential 5 to 10 dwelling units per acre
(southern portion)
Request To Commercial / Commerce/Business Park (northern
portion) and Residential 15+ dwelling units per acre
(southern portion)
Proposed Use Commercial / commerce/business park (northern potion)
and residential 15+ dwelling units per acre (southern
portion)
Location Southeast corner of 59th Avenue and Elliot Road
VPC Recommendation Approval, per the staff recommendation
VPC Vote 8-0
VPC DISCUSSION:
Item No. 6 (GPA-LV-4-22-8) and Item No. 7 (Z-72-22-8) were heard together.
Committee member Patrick Nasser-Taylor declared a conflict of interest and left the
meeting, brining quorum to 8 members.
Thirty members of the public registered to speak on these items. Thirteen of the
members donated their time.
Staff Presentation:
Nayeli Sanchez Luna, staff, presented an overview of GPA-LV-4-22-8 and Z-72-22-8.
Mrs. Sanchez Luna discussed the location of the site, the requested zoning
designation, the surrounding land uses, and the proposed General Plan Land Use
Map designation. Mrs. Sanchez Luna summarized policy plans in the area and noted
that the proposed development integrated design elements that supported the plans.
Mrs. Sanchez Luna concluded the presentation by summarizing the staff findings,
summarizing public correspondence, providing the staff recommendation and
proposed stipulations.
Applicant Presentation:
Jason Morris, representing the applicant with Withey Morris, provided an overview of
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 715
the proposed cases. Mr. Morris summarized previous request that included large
commerce park and industrial uses and noted the changes to the current proposal. Mr.
Morris displayed Development Unit 1 and summarized the commercial and commerce
park uses allowed on site. Mr. Morris displayed Development Unit 3 and summarized
the multifamily project noting the setbacks, open space, and building renderings. Mr.
Morris displayed Development Unit 2 and summarized the multifamily project noting
the proposed height, amenities, density, and floor plans. Mr. Morris demonstrated the
conceptual view corridor and noted the reduction in proposed height. Mr. Morris
summarized the presentation by outlined the development standards for the proposed
off-premise signage.
Questions from the committee:
None.
Public Comment:
Phil Hertel stated that he was opposed to the proposed density and that the open
space requirements should be increased to fifteen percent. Mr. Hertel asked for more
information regarding school funding. Mr. Hertel requested that the case be continued
to the next committee meeting.
Mrs. Sanchez Luna stated that Breanna Wandrych, who registered to speak, was not
present in the attendee list. Mrs. Sanchez Luna and Chair Lina Abegg confirmed
that Breanna Wandrych was not on the attendee list.
Mark Williams requested that the proposed multifamily have a maximum of two
stories along the easter portion of the site. Mr. Williams stated that the proposed
height did not include the pitch of the roofs and requested a maximum height that
would not restrict views. Mr. Williams stated that he supported medical uses but was
opposed to the proposed density and height. Mr. Williams concluded his comment by
stating that the conceptual views presented were deceitful.
Mrs. Sanchez Luna stated that Ana Alvarado, who registered to speak, was not
present in the attendee list. Chair Abegg requested to continue to the next public
comment.
Shaina Bontrager stated that she was opposed to the proposed density and the
three-story height. Ms. Bontrager added that she agreed with Mark Williams’ comment
regarding the conceptual view.
Carmen Terrell stated that she was opposed to the entire PUD and would rather see
agricultural uses like a community garden. Ms. Terrell added that the surrounding
properties were not taken into consideration. Ms. Terrell noted that a portion of the
housing should be low-income. Ms. Terrell concluded her comment by reiterating that
she was opposed to the entire PUD and request the dates for the next hearings.
Danielle Younkin stated that she supported Mark Williams comment regarding the
single-story multifamily proposal, density, and height restrictions. Ms. Younkin added
that the conceptual views presented were deceitful. Ms. Younkin requested that the
off-premise signage have a maximum height of 30 feet. Ms. Younkin concluded her
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 716
comment by stating that the applicant could not guarantee certain commercial uses on
Development Unit 1.
Cassandra Gannis stated that the applicant has ignored the opposition for off-
premise signage. Ms. Gannis stated that she was opposed to the proposed three-story
multifamily housing and requested more commercial uses.
David Barrera stated that he was opposed to the proposed density. Mr. Barrera
stated that an increase in population would lead to more crime. Mr. Barrera requested
the multifamily development to prohibit low-income rental units or senior living
facilities.
Gwen Kowalski requested that the proposed multifamily development be reduced to
two-stories. Ms. Kowalski noted that the proposed height would eliminate scenic
views. Ms. Kowalski agreed with height restricts to protect scenic views. Ms. Kowalski
supported the revenue for the off-premise signs; however, requested a maximum
height of 30 feet and shut off time of 10:00 p.m. Ms. Kowalski requested that members
that have a conflict of interest and that were on a school board, to remove themselves
from the case.
Josh Younkin stated that the conceptual views were disingenuous. Mr. Younkin
stated that the conceptual view did not provide a ground level perspective. Mr.
Younkin stated that he was opposed to the proposal.
Sean Goughan stated that he was opposed to the proposed density and height. Mr.
Goughan requested the case to be continued. Mr. Goughan added that he was
opposed to low-income housing.
Katalin Rivera stated that the proposed changes have been insufficient. Ms. Rivera
reiterated that the conceptual view was deceitful and that scenic views will be
obstructed. Ms. Rivera requested the case to be continued so that the applicant could
address the community’s concerns.
Mrs. Sanchez Luna stated that Andrew Norlen, who registered to speak, was not
present in the attendee list.
Mrs. Sanchez Luna stated that Felicia Chavez, who registered to speak, was not
present in the attendee list.
Maria Reagin stated that she was opposed to the PUD. Ms. Reagin requested the off-
premise signs to have a maximum height of 30 feet. Ms. Reagin requested stipulations
to be added that would limit the type of commercial businesses allowed in
Development Unit 1. Ms. Reagin added that she agreed with Phil Hertel’s comments
and Mark Williams’ comments.
Dan Penton stated that he supported the proposed PUD but still had some concerns.
Mr. Penton requested three-story buildings to be located centrally. Mr. Penton noted
that the surrounding population needed safer pedestrian pathways and areas. Mr.
Penton added that he had concerns with traffic and requested limited commercial
traffic. Mr. Penton requested cross sections to be modified to support a safe
pedestrian atmosphere. Mr. Penton added that development was inevitable. Mr.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 717
Penton stated that he supported one off-premise sign and the proposed height. Mr.
Penton requested the hours of operation to be reduced. Mr. Penton concluded his
comment by requesting the applicant to address the community concerns.
Carlos Ortega asked if the twelve members who donated their time to Dan Penton
agreed with his perspective. Chair Abegg stated that members donated their time
because they support Dan Penton’s perspective. Mr. Penton stated that he
incorporates the community’s opinion into his public comment.
Dean Chiarelli requested the applicant to clarify if the proposed height exceeded the
current zoning designation. Mr. Chiarelli asked if the proposed off-premise signage
height of 45 feet exceeded the allowed height in the Zoning Ordinance.
Applicant Response:
Mr. Morris stated that the proposed height would be allowed in the current R-2 zoning
designation. Mr. Morris stated that off-premise signage became and allowed use when
the freeway corridor was established by the City Council. Mr. Morris added that there
were no other off-premise signs in the area. Mr. Morris stated that the proposed
development includes an additional 87 units than that allowed underlying zoning
designation. Mr. Morris added that if the proposal had a maximum height of two-
stories, then that would increase the density of the PUD. Mr. Morris stated that one-
and two-story buildings will be located when adjacent to existing single-family
residential uses. Mr. Morris noted that the conceptual views were taken from a height
of 25 through 35 feet to demonstrate visibility above perimeter walls. Mr. Morris stated
that the City Council has allowed the use of off-premise signage in the freeway
corridor and noted that funding would benefit Laveen. Mr. Morris added that the
proposed PUD has addressed community concerns and that the proposed uses were
compatible with the freeway corridor. Mr. Morris noted that the development would
also provide street improvements.
Committee Discussion:
Rebecca Perrera stated that she wanted to address some comments she heard
regarding conflict of interest and school board members. Ms. Perrera stated that a
non-salary board member does not constitute a conflict of interest.
Vice Chair Stephanie Hurd requested members of the public to share their support or
opposition before the meeting.
Ms. Perrera thanked the community and the applicant for their input and stated that
the proposal has changed since it was last presented to the community. Vice Chair
Hurd stated that the applicant has had a lot of progress in their proposal and that it
would benefit Laveen.
Motion:
Vice Chair Stephanie Hurd motioned to recommend approval of GPA-LV-4-22-8 per
the staff recommendation. Jennifer Rouse seconded the motion.
Vote:
8-0-0, Motion passed with Committee Members Barraza, Chiarelli, Jensen, Ortega,
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 718
Perrera, Rouse, Hurd, and Abegg in favor.
Chair Abegg stated that Planning Commission hearing will be on April 13th and the
speak can register for the next hearings.
Staff comments regarding VPC Recommendation:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 719
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 4
DISTRICT NO.: 8
SUBJECT:
Application #: GPA-LV-4-22-8 (Companion Case Z-72-22-8)
Location: Southeast corner of 59th Avenue and Elliot Road
From: Residential 3.5 to 5 dwelling units per acre and Residential 5 to 10
dwellings per acre
To: Mixed Use (Commercial / Commerce/Business Park) and Residential 15+
dwelling units per acre
Acreage: 65.85
Proposal: Minor General Plan Amendment to allow commercial / commerce/business
park (northern potion) and residential 15+ dwelling units per acre (southern
portion).
Applicant: IDM Companies
Owner: Clyde David and Marsha Lou Smith, The Smith Trust dated May 30, 2003
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval.
Village Planning Committee (VPC) Recommendation:
Laveen 1/9/2023 Information only.
Laveen 2/13/2023 Information only.
Laveen 3/20/2023 Approval. Vote: 8-0.
Planning Commission Recommendation: Approval, per the Laveen Planning Committee
recommendation.
Motion Discussion: N/A
Motion details: Commissioner Busching made a MOTION to approve GPA-LV-4-22-8, per the
Laveen Village Planning Committee recommendation.
Maker: Busching
Second: Mangum
Vote: 5-0
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: Yes
Findings:
1. The proposed Mixed Use (Commercial / Commerce/Business Park) and Residential 15+
dwelling units per acre Land Use Map designation provides for a land use mix that is consistent
with the site’s location within the Loop 202 Freeway corridor.
2. The proposed change coincides with rezoning proposal Z-72-22-8 that creates a unified zoning
framework through a Planned Unit Development (PUD) for the entire site. The General Plan
Page 720
Amendment will provide for a General Plan Land Use Map designation that is consistent with
the proposed PUD.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 721
ATTACHMENT E
Nayeli Sanchez Luna
Subject: FW: Items 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
From: Richard Escoto
Sent: Monday, March 20, 2023 3:55 PM
To: PDD Long Range Planning
Subject: Items 6 (GPA‐LV‐4‐22‐8) & 7 (Z‐72‐22‐8)
To whom it may concern ‐ We do not approve of the aforementioned items.
Sincerely,
Richard Escoto
786‐208‐1227
Page 722
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Public Hearing and Ordinance Adoption - Rezoning Application Z-72-22-8 (Elliot
202 PUD) - Southeast Corner of 59th Avenue and Elliot Road (Ordinance G-7110)
Request to hold a public hearing and amend the Phoenix Zoning Ordinance, Section
601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-72-22-
8 and rezone the site from S-1 (Approved R1-6 PCD) (Ranch or Farm Residence,
Approved Single-Family Residence District, Planned Community District) and S-1
(Approved R-2 PCD) (Ranch or Farm Residence, Approved Multifamily Residence
District, Planned Community District) to PUD (Planned Unit Development) to allow
commercial, commerce park, and multifamily residential. This is a companion case and
must be heard following GPA-LV-4-22-8.
Summary
Current Zoning: S-1 (Approved R1-6 PCD) (38.45 acres) and S-1 (Approved R-2 PCD)
(27.40 acres)
Proposed Zoning: PUD
Acreage: 65.85
Proposed Use: Commercial, commerce park, and multifamily residential
Owner: Clyde David and Marsha Lou Smith
Applicant: IDM Companies
Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Information Only: The Laveen Village Planning Committee heard this case on
Jan. 9, 2023, and Feb. 13, 2023, for information only.
VPC Action: The Laveen Village Planning Committee heard the case on March 20,
2023, and recommended approval, per the staff recommendation, with additional
stipulations, by a vote of 8-0.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval per the Laveen Village Planning Committee recommendation
with an additional stipulation, by a vote of 5-0.
Location
Southeast corner of 59th Avenue and Elliot Road
Page 723
Council District: 8
Parcel Addresses: 5757 W. Elliot Road; 10925, 11075, and 11555 S. 59th Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 724
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-72-22-8) FROM S-1 (APPROVED R1-6 PCD)
(RANCH OR FARM RESIDENCE, APPROVED SINGLE-FAMILY
RESIDENCE DISTRICT, PLANNED COMMUNITY DISTRICT)
AND S-1 (APPROVED R-2 PCD) (RANCH OR FARM
RESIDENCE, APPROVED MULTIFAMILY RESIDENCE
DISTRICT, PLANNED COMMUNITY DISTRICT) TO PUD
(PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 65.85 acre site located at the southeast
corner of 59th Avenue and Elliot Road in a portion of Section 17, Township 1 South,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
38.45 acres of “S-1 (Approved R1-6 PCD)” (Ranch or Farm Residence, Approved
Single-Family Residence District, Planned Community District) and 27.40 acres of “S-1
(Approved R-2 PCD)” (Ranch or Farm Residence, Approved Multifamily Residence
District, Planned Community District), to “PUD” (Planned Unit District) for the Elliot 202
PUD.
Page 725
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. An updated Development Narrative for the Elliot 202 PUD reflecting the
changes approved through this request shall be submitted to the Planning
Department within 30 days of City Council approval of this request. The
updated Development Narrative shall be consistent with Development Narrative
date stamped March 9, 2023, as modified by the following stipulations.
a. Front Cover, add “City Council adopted: [Insert Adoption date]”
b. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Remove “Publicly operated buildings or properties” from this list.
c. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Add “Multifamily residential.”
d. Page 7, Section C. List of Uses, Development Unit 1, Performance
Criteria for Distribution Uses, modify this section as follows:
No distribution and large-scale wholesale facilities are permitted as a
primary use for a time period of 4 years from the date of rezoning
approval.
* For the purposes of this PUD, “large-scale wholesale” is defined
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.
e. Page 9, Development Standards – Development Unit 1, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations. 2% of Required Parking. A minimum of 20 electric vehicle
charging spaces shall be required for the overall development (DUs 1, 2,
and 3).
Page 726
f. Page 9, Development Standards – Development Unit 1, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
g. Page 13, Development Standards – Development Unit 2, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area
h. Page 13, Development and Landscape Standards for Development Unit
2: Add the header “Development Standards – Development Unit 2”
before development standards table.
i. Page 13, Development Standards – Development Unit 2, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
j. Page 14, Development Standards – Development Unit 2, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).
k. Page 16, Development Standards – Development Unit 3, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area.
l. Page 16, Development and Landscape Standards for Development Unit
3: Add the header “Development Standards – Development Unit 3”
before the development standards table.
m. Page 17, Development Standards – Development Unit 3, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Page 727
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
n. Page 17, Development Standards – Development Unit 3, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).
o. Page 16, Development Standards – Development Unit 3, Building
Setbacks, modify the South (Adjacent to Unit 2) to 15 feet.
p. Page 24, Development Unit 2 and Development Unit 3 Design
Guidelines, a. Architectural Design, Design Guidelines for Apartment
and Carriage Unit Elevations, modify the public street elevations as
follows:
Public street facing:
25% Min. Glazing and metal railing
10% Min. Brick veneer
15% Min. Hardie plank
50% Max. Stucco
q. Page 24, Development Unit 2 and Development Unit 3 Design
Guidelines, a. Architectural Design, Design Guidelines for Apartment
and Carriage Unit Elevations, modify as follows:
Apartment elevations shall feature large balconies and deep
overhangs to visually create layered volumes and break up the
mass of each building type.
Balconies are encouraged to orient toward the streets, where
possible.
A minimum of three (3) apartment building types are provided.
r. Page 25, F. Signs, add the following language after the first paragraph:
There shall be a maximum of two digital billboards each at a
maximum height of 48 feet.
Any off-premise sign shall include branded screening on the
backside.
s. Page 26, Section G. Sustainability, 1. City Enforced Standards, move
Page 728
the third bullet point related to recycling to the Developer Goal section.
2. Page 27, Circulation Systems: Remove “future development to dedicate and
construct all typical half street right-of way and roadways necessary to serve
the development”.
3. The developer shall dedicate right-of-way and construct the south side of Elliot
Road from 55th Avenue to the 202 Freeway, as required by the Tierra Montana
Master Street Plan and as approved by the Planning and Development
Department.
4. The developer shall dedicate right-of-way and fully construct 59th Avenue, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
5. The developer shall dedicate right-of-way and fully construct Carver Road, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
6. The developer shall submit a Traffic Impact Study including a signal warrant
analysis for this development at the intersection of 59th Avenue and Elliot
Road. No preliminary approval of plans shall be granted until the study has
been reviewed and approved by the city. The developer shall be responsible for
cost and construction of traffic signal or If traffic signal is not warranted upon
opening, the developer will be required to provide 50% contribution toward the
traffic signal in an escrow account to the Street Transportation Department, as
required by the approved traffic impact study.
7. The developer shall submit a sight distance analysis for all driveways located
along 59th Avenue. Sight distance must comply with the Street AASHTO
requirements and Transportation Departments Planning and Design Manual
and as approved by the Street Transportation Department.
8. Existing irrigation facilities along public streets are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land
rights and establish the appropriate process to relocate the facility.
9. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
10. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along
Carver Road and a minimum 10-foot-wide multi-use trail (MUT) shall be
constructed within the easement in accordance with the MAG supplemental
Page 729
detail and as approved by the Planning and Development Department.
11. A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the
east side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP)
shall be constructed within the easement in accordance with the MAG
supplement detail and as approved by the Planning and Development
Department.
12. The property owner shall record documents that disclose the existence, and
operational characteristics of Goodyear Airport to future owners or tenants of
the property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved
by the City Attorney.
13. In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archeologist, and allow time for the
Archeology Office to properly assess the materials
14. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder’s Office and delivered to the City to be included in
the rezoning application file for record.
15. Prior to obtaining a permit for an off-premise sign (billboard), the applicant must
execute an agreement with the City of Phoenix, outlining the utilization of 50%
of the net profits from the proposed billboards with specific regard to the
following:
Subsidization of rent for Laveen residents via IDM Cares;
Laveen Elementary School District;
City of Phoenix parks operations for Olney park near the intersection of
59th and Olney avenues, as modified and approved by the Parks and
Recreation Department.
The 50% donation shall be broken down into minimum 25% of revenue to
rental assistance and minimum 15% to Olney park as part of the total 50%.
The agreement shall remain in force as long as the billboards are operational or
until a contribution amount of two million dollars has been donated.
16. Prior to occupancy, the developer must provide a qualified engineer’s report
certifying the average annual interior noise exposure for any residential unit or
enclosed public assembly area will not exceed 45 decibels.
Page 730
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)
Page 731
EXHIBIT A
LEGAL DESCRIPTION FOR Z-72-22-8
Development Unit 1
A portion of (GLO) Lot 1 lying within the Northwest Quarter of Section 17, Township 1
South, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona,
being more particularly described as follows:
COMMENCING at a found 3 inch City of Phoenix brass cap in hand hole accepted as
the North quarter corner of said Section 17 from which a found 3 inch brass cap in hand
hole, stamped T1S, R2E, S7, S8, S17, S18, RLS 54404, dated 2020 accepted as the
Northwest corner thereof bears North 89°54'45" West, 2619.11 feet;
Thence North 89°54'45" West, 1882.59 feet along the north line of said Northwest
Quarter to the POINT OF BEGINNING;
Thence leaving said north line, South 00°00'00" East, 1166.32 feet;
Thence North 90°00'00" West, 740.14 feet to the west line of said Northwest Quarter;
Thence along said west line, North 00°10'42" East, 1167.45 feet to the Northwest corner
of said Section 17;
Thence South 89°54'45" East, 736.51 feet to the POINT OF BEGINNING.
The above described parcel contains a computed area of 861,540 sq. ft. (19.7782
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.
Development Unit 2:
A portion of (GLO) Lot 1 lying within the Northwest Quarter of Section 17, Township 1
South, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona,
being more particularly described as follows:
COMMENCING at a found 3 inch City of Phoenix brass cap in hand hole accepted as
the North quarter corner of said Section 17 from which a found 3 inch brass cap in hand
hole, stamped T1S, R2E, S7, S8, S17, S18, RLS 54404, dated 2020 accepted as the
Northwest corner thereof bears North 89°54’45” West, 2619.11 feet;
Page 732
Thence North 89°54’45” West, 1351.43 feet along the north line of said Northwest
Quarter;
Thence leaving said north line, South 01°05'33" East, 1304.07 feet along the west line
of “Ellison Trails” per Book 1478, Page 50, Maricopa County Records, Arizona to the
southwest corner thereof also being the POINT OF BEGINNING;
Thence along the south line of said “Ellison Trails” being in common line with the north
line of said (GLO) Lot 1, South 89°44'51" East, 12.41 feet to the northwest corner of
“Tierra Montana Phase 1 - Parcel 6” per Book 1019, Page 16, Maricopa County
Records, Arizona;
Thence along the west line of said final plat being in common line with the east line of
said (GLO) Lot 1, South 00°12'04" West, 1304.04 feet to the East-West Mid-Section line
of said Section 17;
Thence along said Mid-Section line being in common line with the south line of said
(GLO) Lot 1, North 89°34'59" West, 637.21 feet to the centerline of Loop 202;
Thence along said centerline, North 41°17'26" West, 404.46 feet to the beginning of a
tangent curve, concave northeasterly, having a radius of 7678.00 feet;
Thence continuing along said centerline and northwesterly along said curve, through a
central angle of 04°46'38" West, an arc length of 640.16 feet to the west line of said
Northwest Quarter;
Thence along said west line being in common line with the west line of said (GLO) Lot
1, North 00°10'42" East, 503.23 feet;
Thence leaving said west line, South 89°44'51" East, 1296.60 feet along the north line
of said (GLO) Lot 1 to the POINT OF BEGINNING.
The above described parcel contains a computed area of 1,444,919 sq. ft. (33.1708
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.
Development Unit 3:
A portion of (GLO) Lot 1 lying within the Northwest Quarter of Section 17, Township 1
South, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona,
being more particularly described as follows:
Page 733
COMMENCING at a found 3 inch City of Phoenix brass cap in hand hole accepted as
the North quarter corner of said Section 17 from which a found 3 inch brass cap in hand
hole, stamped T1S, R2E, S7, S8, S17, S18, RLS 54404, dated 2020 accepted as the
Northwest corner thereof bears North 89°54' 45" West, 2619.11 feet;
Thence North 89°54'45" West, 1351.43 feet along the north line of said Northwest
Quarter to the POINT OF BEGINNING;
Thence leaving said north line, South 01°05'33" East, 1304.07 feet along the west line
of "Ellison Trails" per Book 1478, Page 50, Maricopa County Records, Arizona to the
southwest corner thereof;
Thence leaving said west line, North 89°44'51" West, 1296.60 feet along the North line
of said (GLO) Lot 1;
Thence leaving said north line, North 00°10'42" East, 132.61 feet along the west line of
said Northwest Quarter;
Thence leaving said west line, North 90°00'00" East, 740.14 feet;
Thence North 00°00'00" East, 1166.32 feet to the north line of said Northwest Quarter;
Thence along said north line, South 89°54'45" East, 531.17 feet to the POINT OF
BEGINNING.
The above described parcel contains a computed area of 807,688 sq. ft. (18.5420
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.
Page 734
Page 735
ATTACHMENT B
Staff Report Z-72-22-8
(Elliot 202 PUD)
March 20, 2023
Laveen Village Planning Committee March 20, 2023
Meeting Date:
Planning Commission Hearing Date: April 13, 2023
Request From: S-1 (Approved R1-6 PCD) (Ranch or Farm
Residence, Approved Single-Family
Residence District, Planned Community
District) (38.45 acres) and
S-1 (Approved R-2 PCD) (Ranch or Farm
Residence, Approved Multifamily
Residence District, Planned Community
District) (27.40 acres)
Request To: PUD (Planned Unit Development) (65.85
acres)
Proposed Use: Planned Unit Development to allow
commercial, commerce park, and
multifamily residential
Location: Southeast corner of 59th Avenue and Elliot
Road
Owner: Clyde David and Marsha Lou Smith
Applicant: IDM Companies
Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations
General Plan Conformity
Current: Residential 3.5 to 5 dwelling
units per acre (38.60 acres) and
Residential 5 to 10 dwelling units per
acre (27.25 acres)
General Plan Land Use Map Designation
Pending (GPA-LV-4-22-8): Mixed Use
(Commercial / Commerce/Business
Park) (38.60 acres) and Residential 15+
dwelling units per acre (27.25 acre)
Page 736
Staff Report: Z-72-22-8
March 20, 2023
59th Avenue Arterial 33-foot east half street
Street Map 33 to 48-foot south half
Elliot Road Collector
Classification street
Minor
Carver Road 15-foot north half street
Collector
CONNECT PEOPLE AND PLACES CORE VALUE; CORE, CENTERS AND
CORRIDORS; CODES PRINCIPLE: Encourage land uses that promote the growth
of entrepreneurs or new businesses in Phoenix in appropriate locations.
The proposed PUD will add employment opportunities and additional housing within
the Laveen Village and in close proximity to the Loop 202.
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.
The proposal will allow for commercial, office, commerce park, and other employment-
generating land uses in a location that is appropriate due to its proximity to the Loop
202 Freeway. The proposed housing development will be adjacent to the existing
residential uses to the east thus acting as an additional buffer to the commercial and
commerce park uses located on the northwest portion of the site.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.
The PUD Narrative incorporates enhanced landscaping and shade standards
throughout the site that will help to provide shade for pedestrians and mitigate the
urban heat island effect by covering hard surfaces thus cooling the micro-climate
around the vicinity.
Page 737
Staff Report: Z-72-22-8
March 20, 2023
Applicable Plans, Overlays and Initiatives
Laveen Southwest Growth Study: Background Item No. 6.
Housing Plan Phoenix: Background Item No. 7
Complete Streets Guiding Principles: Background Item No. 8.
Comprehensive Bicycle Master Plan: Background 9.
Tree and Shade Master Plan: Background Item No. 10.
Monarch Butterfly: Background Item No. 11.
Zero Waste PHX: Background Item No. 12.
Surrounding Land Uses/Zoning
Land Use Zoning
S-1 (Approved R1-6 PCD) and
On Site Vacant land
S-1 (Approved R-2 PCD)
North (across Elliot
Vacant land, agriculture R-3 and C-1
Road)
South (across Carver
Vacant land S-1 (Approved R1-8 PCD)
Road)
R1-8 and S-1 (Approved R1-6
East Single-family residential
PCD)
West (across 59th Farm or Ranch Residence S-1 (Approved C-2 PCD) and
Avenue) and freeway S-1 (Approved R-2 PCD)
West (across Loop Gila River Indian Reservation
Vacant land
202) jurisdiction
Background/Issues/Analysis
SUBJECT SITE
1. This request is to rezone approximately 65.85 acres located at the southeast
corner of 59th Avenue and Elliot Road from S-1 (Approved R1-6 PCD) (Ranch or
Farm Residence, Approved Single-Family Residence District, Planned
Community District) and S-1 (Approved R-2 PCD) (Ranch or Farm Residence,
Approved Multifamily Residence District, Planned Community District) to PUD
(Planned Unit Development) to allow commercial, commerce park, and
multifamily residential development. The subject site is currently used for
agriculture.
Page 738
Staff Report: Z-72-22-8
March 20, 2023
SURROUNDING LAND USES AND ZONING
2. The proposed PUD will support
new commercial, commerce park,
and residential uses, within close
proximity to the Loop 202 Freeway
and along an arterial street (59th
Avenue). The property to the north,
across Elliot Road, is currently
agricultural land zoned R-3 and
C-1 and allows similar uses
proposed in the Development
Narrative of this case. To the east
is a single-family residential
subdivision zoned R1-8 (Single-
Family Residence District) and S-1
(Approved R1-6 PCD) (Ranch or
Farm Residence, Approved Single-
Family Residence District, Planned Existing Zoning Aerial Map
Community District). Furthermore, Source: Planning and Development Depatment
to the south, across Carver Road,
is vacant land zoned S-1 (Ranch or
Farm Residence). A ranch
residence is located to the west,
across 59th Avenue zoned S-1 (Approved C-2 PCD) (Ranch or Farm Residence,
Approved Intermediate Commercial, Planned Community District). The freeway
right-of-way is also located to the west and is zoned S-1 (Approved C-2 PCD and
R-2 PCD). Beyond the freeway is vacant land within the Gila River Indian
Reservation.
GENERAL PLAN LAND USE MAP DESIGNATION
3. The subject site has two General Plan Land Use Map designations. The north
portion of the site is designated Residential 3.5 to 5 dwelling units per acre. The
south portion of the subject site is designated Residential 5 to 10 dwelling units
per acre. To the east, the designation is Residential 3.5 to 5 dwelling units per
acre. To the north of the site, the designation is Residential 3.5 to 5 dwelling
units per acre and Commercial. To the west, the designation is Residential 5 to
10 dwelling units per acre and Commercial. To the south of the site, the
designation is Residential 3.5 to 5 dwelling units per acre.
A concurrent minor General Plan Land Use Map amendment case, GPA-LV-4-
22-8, is proposed to change the land use map designation to Mixed Use
(Commercial / Commerce/Business Park) for the north portion and Residential
15+ dwelling units per acre for the south portion. The requested PUD zoning is
consistent with the proposed General Plan Land Use Map designations.
Page 739
Staff Report: Z-72-22-8
March 20, 2023
General Plan Land Use Map
Source: City of Phoenix Planning and Development Department
PROPOSAL
4. The proposal was developed utilizing the PUD zoning district. The Planned Unit
Development (PUD) is intended to create a built environment that is superior to
that produced by conventional zoning districts and design guidelines. Using a
collaborative and comprehensive approach, an applicant authors and proposes
standards and guidelines that are tailored to the context of a site on a case by
case basis. Where the PUD Development Narrative is silent on a requirement,
the applicable Zoning Ordinance provisions will be applied.
5. Below is a summary of the proposed standards for the subject site as described
in the attached PUD Development Narrative date stamped March 9, 2023. The
proposed standards were designed to allow commercial, commerce park, and
multifamily residential uses that offer the flexibility to develop uses that would
generate employment and housing within the Laveen Village.
Page 740
Staff Report: Z-72-22-8
March 20, 2023
Conceptual Development Plan
This PUD proposes three development units (DU) as shown in the figure below.
DU 1 is the commercial/commerce park portion of the development proposed at
the immediate intersection of 59th Avenue and Elliot Road. DU 2 is multifamily
residential development proposed on the south portion of the site and DU 3 is
lower intensity multifamily residential development proposed on the north portion
of the site and between DUs 1 and 3.
Development Units
Source: Eliott 202 PUD Narrative
Page 741
Staff Report: Z-72-22-8
March 20, 2023
Development Unit 1 proposes two large
buildings oriented north to south. The loading
and unloading docks would be located centrally
between the two buildings. As a result, the
loading docks would have limited visibility along
the adjacent roads. Enhanced landscaping is
proposed on all four sides of the proposed
development to further limit the visibility of the
loading docks. Commercial development is
proposed and oriented towards Elliot Road.
Development Unit 1 will have access to both
adjacent public streets for customers and
employees.
Development Unit 2 proposes multifamily uses
with a range of three- and four-story buildings.
The proposed three-story buildings would be
located to the east, adjacent to the single-family
residential subdivision. This will act as a buffer
between the single-family residential uses and
Unit 1 Site Configuration
four story multifamily residential uses. Source: Deutsch Architect Group
Finally, Development Unit 3 proposes single-story multifamily uses that would
wrap around Development Unit 1. The proposed multifamily use will consist of
single-story buildings that are designed as single-family homes. The proposed
single-story multifamily use will act as a buffer between the existing single-family
subdivision to the east and the commercial, retail, office, and commerce park
uses located on Development Unit 1.
Staff recommends Stipulation Nos. 1.a., 1.g. 1.h., 1.k.,1.l., and 1.o. to further
clarify the development standards within the proposed PUD including section
labeling, building setbacks, and separation standards.
List of Uses
The Development Narrative proposes several permitted uses including those
listed in the C-2 (Intermediate Commercial) and CP/GCP (Commerce
Park/General Commerce Park) zoning districts in Development Unit 1.
The Development Narrative also proposes restricting certain uses that are
inconsistent with the vision for the site such as marijuana dispensary, tobacco-
oriented retailer, motels, and hotels.
Development Unit 2 and 3 are limited to multifamily residential use.
Staff recommends Stipulations Nos. 1.b. through 1.d. to reinforce the types of
uses that are permitted within the PUD, update performance criteria and update
the language for clarity.
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Staff Report: Z-72-22-8
March 20, 2023
Development Standards
The PUD development narrative proposes development standards based on the
R-3A and CP/GCP zoning districts. However, some standards vary from the R-
3A and CP/GCP standards in relation to building height and setbacks.
Development Standard Unit 1 Unit 2 Unit 3
Maximum Density/Units 0 484 11 dwelling
units per gross
acre
Minimum Building
Setbacks
North 30 feet 25 feet 30 feet
South 30 feet 20 feet 25 feet
East 50 feet 30 feet 25 feet
West 30 feet 20 feet 20 to 25 feet
Shade structures for parking can encroach 5 feet
into the building setback
Minimum Landscape
Setbacks
North 30 feet 25 feet 10 to 30 feet
South 10 feet 20 feet 5 feet
East 35 feet 20 feet 25 feet
West 30 feet 20 feet 20 to 25 feet
Maximum Building 35 feet 3 stories / 40 1 story / 20 feet
Height feet
Maximum Lot Coverage 50% 50% 50%
Open Space & Amenity 5% of net 15% of gross 10% of gross
Standards area area area
The proposed lot coverage of 50% is consistent with the standards in CP/GCP
zoning district. The proposed building and landscape setbacks exceed the
standards in the CP/GCP zoning district. The proposed open space for
Development Unit 2 and 3 exceed the standards in the R-3A zoning district.
Stipulations are recommended to limit the overall number of units for the site to
700. This is addressed in Stipulation Nos. 1.g and 1.k.
Landscape Standards
The PUD proposes enhanced landscape setbacks along all street frontages,
especially along Elliot Road and 59th Avenue. These areas will incorporate a
mixture of two-inch, three-inch, and four-inch caliper trees. The landscaping will
provide for a pedestrian-friendly environment with 75 percent shade on all public
sidewalks, exceeding the minimum requirements of the Zoning Ordinance. In
addition to the trees, the developer shall install a minimum of five, five-gallon
drought-tolerant shrubs per tree.
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March 20, 2023
Parking Standards
The PUD proposes to comply with the Zoning Ordinance minimum parking
standards per Section 702 for Development Unit 1 and required 1.75 spaces per
unit for Development Units 2 and 3. The PUD would also require bicycle parking
to be provided at a rate of 0.25 bicycle spaces per residential unit with a
maximum of 50 spaces for Development Units 2 and 3. Development Unit 1
would also require one space per 50 vehicular parking spaces for up to 10
spaces per building. The PUD Development Narrative also includes a
requirement for a minimum of 20 EV charging stations throughout the entire site.
Staff recommends the addition of Stipulation Nos. 1.e., 1.j., and 1.n. to further
reinforce the EV parking standards within the PUD.
Design Guidelines
The Development Narrative includes design standards that enhance the frontage
of the proposed buildings. All building facades facing a public street will have
enhanced architectural features such as three building materials and/or colors
and shall contain building offsets and recesses. Furthermore, a minimum of two
historically appropriate building materials such as river run stone, field stone,
common brick, and brick veneer shall be incorporated into the facades, screen
walls, and other site features. The design guidelines section also includes
requirements for walls/fences, landscaping, and site design.
Fences/Walls
All fences and walls will adhere to the Zoning Ordinance requirements per
Section 703. An eight-foot screen wall is required between Development Unit 1
and 3. View fencing is required for the multifamily developments along public
streets. The proposed PUD will also require wrought iron, tubular steel, or a
similar material when security fences are located 75 feet from a public street.
The fence requirements are comparable to the Zoning Ordinance standards with
some minor enhancements.
Shade
The Development Narrative requires a minimum of 75 percent shade cover be
provided over public sidewalks. The required shade standards along public
sidewalks exceed the Zoning Ordinance requirements.
Signage
The PUD Narrative includes allowance for off-premise signs in conformance with
Section 705 and 705.2 of the Phoenix Zoning Ordinance. Section 705.2 permits
for installation of off-premise signs along the State Route (Loop) 202 Ed Pastor
Freeway between Interstate 10 and up to 2,000 feet from the boundary of the
South Mountain Preserve.
The Zoning Ordinance only permits off-premise signs to be on property zoned A-
1 Light Industrial, A-2 Industrial District, or PUD. The subject site meets the
locational criterial and if approved, the PUD would be permitted district for the
off-premise signs to be installed.
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Staff Report: Z-72-22-8
March 20, 2023
Sustainability
The Development Narrative proposes several options to incorporate
sustainability principals. Below is a highlight of some of the provisions:
• No less than 20 electric charging stations shall be provided throughout the
PUD;
• Enhanced landscape buffers along the site’s arterial frontages; and
• Minimum shade requirements for sidewalks, pedestrian paths, parking lots
and open space.
Staff recommends the addition of Stipulation No. 1.p. to move recycling
standards to the Developer Goal section.
Page 745
Staff Report: Z-72-22-8
March 20, 2023
AREA PLANS, OVERLAY DISTRICT, AND INITIATIVES
6. Laveen Southwest Growth Study
The site is located within the boundaries of the
Laveen Southwest Growth Study, which was
developed in 1997 to analyze the existing
conditions of the Laveen Village and provide a
land use and design planning framework to
help shale the growth that Laveen was starting
to experience, while accounting for newly
annexed farmland as well as the future
development of the South Mountain Freeway
Loop, which has since been completed. This
plan designates the project site Conservation
Community. Although not consistent with the
designation, recent land use trends in the area,
including the development of the Loop 202
Freeway, point to a land use mix that is
primarily employment and housing focused.
This development would be consistent with this
trend.
Laveen Southwest Growth Study Land
Use Map
Source: Planning and Development
Department
The Laveen Southwest Growth Study also outlines specific design policies and
standards for various types of development that will enhance Laveen’s built
environment wile remaining respectful of its agricultural heritage. The study
encourages all new development to use durable, high quality building materials
and to provide enhanced building design that will contribute to the character of
the area. The proposed Development Narrative will require a variety of building
materials on future buildings within this site and also proposes retail and
commercial uses along Elliot Road.
7. Housing Phoenix Plan
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan.
This Plan contains policy initiatives for the development and preservation of
housing with vision of creating a stronger and more vibrant Phoenix through
increased housing options for residents at all income levels and family sizes.
Phoenix’s rapid population growth and housing underproduction has led to a
need for over 163,000 new housing units. Current shortages of housing supply
relative to demand are a primary reason why housing costs
are increasing.
The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
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Staff Report: Z-72-22-8
March 20, 2023
address the supply shortage at a more rapid pace while using underutilized land
in a more sustainable fashion.
8. Complete Streets Guiding Principles
In 2014, the Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, and connected transportation system to include all modes,
such as bicycles, pedestrians, transit, and vehicles. Detached sidewalks will be
provided along street frontages to promote a safe pedestrian atmosphere. The
Development Narrative requires that pedestrian pathways will visually contrast
the drive aisles.
9. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its bikeway system and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-
term bicycle parking as a means of promoting bicyclist traffic to a variety of
Destinations. The Development Narrative requires bicycle parking of all
Development Units.
10. Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. In addition, a vision in the master plan is to raise
awareness by leading by example. The Development Narrative requires a
minimum of 75 percent shade on all adjacent public sidewalks, in addition to
larger tree sizes. These standards exceeds the minimum Zoning Ordinance
requirements and will ensure a comfortable pedestrian experience.
11. Monarch Butterfly
In April 2021, Mayor Kate Gallego signed the National Wildlife Federation's
Mayor's Monarch Pledge. This pledge commits the city to take action to support
the monarch butterfly population. In the United States, loss of milkweed habitat is
a major factor in the decline of the monarchs. Arizona has at least 29 species of
milkweed native to the state. Adult monarchs feed on the nectar of many flowers,
but they breed only where milkweeds are found. To support the monarch
butterfly population, the PUD narrative addresses the planting of milkweed
shrubs, or other native nectar plant species, on the subject site.
12. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal
to become a zero-waste city, as part of the City’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial, and mixed-use developments
meeting certain criteria. The PUD narrative promotes trash and recycling
receptacles on site.
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Staff Report: Z-72-22-8
March 20, 2023
COMMUNITY INPUT SUMMARY
13. As of the writing of this report, staff has received 12 letters of opposition to this
rezoning application. The stated concerns are the loss of scenic views, traffic
congestion, light pollution, high-density housing, and proposed height for off-
premise signage.
INTERDEPARTMENTAL COMMENTS
14. The Fire Department indicated there are no problems anticipated with the case
and that the site and/or buildings shall comply with the International Fire Code
with Phoenix Amendments. Further, the Department commented that water main
extensions would be necessary for the subject site.
15. The Street Transportation Department has indicated that the developer will be
required to underground existing electrical utility within the public right-of-way as
well as all irrigation facilities, and requires that all street improvement be made to
City and ADA standards. Furthermore, the Street Transportation Department is
requiring that the developer follow the Tierra Montana Master Street Plan and
submit a Traffic Impact Study for the proposed development. This is addressed
in Stipulation Nos. 2 through 9.
16. The Parks and Recreation Department has reviewed the proposed development
and has requested the following: Dedication of a 30-foot-wide multi-use trail
easement (MUTE) with a 10 foot-wide multi-use trail (MUT) built along the south
side of Olney Avenue; and a 20-foot-wide shared-use pathway easement
(SUPE) with a 10-foot-wide shared-use-pathway (SUP) built along the east side
of 59th Avenue. These are addressed in Stipulation No. 10 and 11. Staff
recommends the addition of Stipulation Nos. 1.f., 1.i. and 1.m. to clarify the
dimensions of the shared-used path and the shared-use path easement within
the narrative.
17. The City of Phoenix Aviation Department has indicated that due to the proximity
of the Goodyear Airport and potential for noise from airport related activity, a
stipulation is recommended to require documents to disclose the existence and
operational characteristics of the Phoenix Goodyear Airport to future owners or
tenants of the property. This is addressed in Stipulation No. 12.
OTHER
18. The site has not been identified as being archeologically sensitive. However, in
the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within a 33-foot radius of the discovery
and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. This is addressed in Stipulation
No. 13.
19. Staff has not received a completed form for the Waiver of Claims for Diminution
in Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required
by the rezoning application process. Therefore, a stipulation has been added to
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Staff Report: Z-72-22-8
March 20, 2023
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 14.
20. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements such
as obtaining a use permit to conduct the proposed outdoor use in this zoning
district. Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.
Findings
1. The proposed development is compatible with the existing land use pattern in
the area and is consistent with the proposed General Plan Land Use Map
designation of Mixed Use (Commercial/ Commerce/Business Park) and
Residential 15+ dwelling units per acre.
2. The proposed development contains enhanced standards that will result in a
more walkable, shaded and pedestrian-friendly environment. The development
will provide increased shade which will help to reduce the urban heat island
effect.
3. The proposal will provide additional employment options, commercial services,
and housing opportunities within the Loop 202 Freeway corridor.
Stipulations
1. An updated Development Narrative for the Elliot 202 PUD reflecting the changes
approved through this request shall be submitted to the Planning Department
within 30 days of City Council approval of this request. The updated
Development Narrative shall be consistent with Development Narrative date
stamped March 9, 2023, as modified by the following stipulations.
a. Front Cover, add “City Council adopted: [Insert Adoption date]”
b. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Remove “Publicly operated buildings or properties” from this list.
c. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Add “Multifamily residential.”
d. Page 7, Section C. List of Uses, Development Unit 1, Performance
Criteria for Distribution Uses, modify this section as follows:
No distribution and large-scale wholesale facilities are permitted as a
primary use for a time period of 4 years from the date of rezoning
approval.
* For the purposes of this PUD, “large-scale wholesale” is defined
Page 749
Staff Report: Z-72-22-8
March 20, 2023
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.
e. Page 9, Development Standards – Development Unit 1, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging Stations.
2% of Required Parking. A minimum of 20 electric vehicle charging
spaces shall be required for the overall development (DUs 1, 2, and 3).
f. Page 9, Development Standards – Development Unit 1, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the city.
g. Page 13, Development Standards – Development Unit 2, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area
h. Page 13, Development and Landscape Standards for Development Unit
2: Add the header “Development Standards – Development Unit 2” before
development standards table.
i. Page 13, Development Standards – Development Unit 2, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the city.
j. Page 14, Development Standards – Development Unit 2, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging Stations:
2% of Required Parking. Minimum Percentage of EV Capable spaces:
5%. A minimum of 20 electric vehicle charging spaces shall be required
for the overall development (DUs 1, 2, and 3).
k. Page 16, Development Standards – Development Unit 3, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area.
l. Page 16, Development and Landscape Standards for Development Unit
3: Add the header “Development Standards – Development Unit 3” before
the development standards table.
Page 750
Staff Report: Z-72-22-8
March 20, 2023
m. Page 17, Development Standards – Development Unit 3, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the city.
n. Page 17, Development Standards – Development Unit 3, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging Stations:
2% of Required Parking. Minimum Percentage of EV Capable spaces:
5%. A minimum of 20 electric vehicle charging spaces shall be required
for the overall development (DUs 1, 2, and 3).
o. Page 16, Development Standards – Development Unit 3, Building
Setbacks, modify the South (Adjacent to Unit 2) to 15 feet.
p. Page 26, Section G. Sustainability, 1. City Enforced Standards, move the
third bullet point related to recycling to the Developer Goal section.
2. Page 27, Circulation Systems: Remove “future development to dedicate and
construct all typical half street right-of way and roadways necessary to serve the
development”.
3. The developer shall dedicate right-of-way and construct the south side of Elliot
Road from 55th Avenue to the 202 Freeway, as required by the Tierra Montana
Master Street Plan and as approved by the Planning and Development
Department.
4. The developer shall dedicate right-of-way and fully construct 59th Avenue, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
5. The developer shall dedicate right-of-way and fully construct Carver Road, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
6. The developer shall submit a Traffic Impact Study including a signal warrant
analysis for this development at the intersection of 59th Avenue and Elliot Road.
No preliminary approval of plans shall be granted until the study has been
reviewed and approved by the city. The developer shall be responsible for cost
and construction of traffic signal or If traffic signal is not warranted upon opening,
the developer will be required to provide 50% contribution toward the traffic
signal in an escrow account to the Street Transportation Department, as required
by the approved traffic impact study.
7. The developer shall submit a sight distance analysis for all driveways located
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Staff Report: Z-72-22-8
March 20, 2023
along 59th Avenue. Sight distance must comply with the Street AASHTO
requirements and Transportation Departments Planning and Design Manual and
as approved by the Street Transportation Department.
8. Existing irrigation facilities along public streets are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land rights
and establish the appropriate process to relocate the facility.
9. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
10. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along Carver
Road and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed
within the easement in accordance with the MAG supplemental detail and as
approved by the Planning and Development Department.
11. A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the
east side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP)
shall be constructed within the easement in accordance with the MAG
supplement detail and as approved by the Planning and Development
Department.
12. The property owner shall record documents that disclose the existence, and
operational characteristics of Goodyear Airport to future owners or tenants of the
property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved by
the City Attorney.
13. In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archeologist, and allow time for the
Archeology Office to properly assess the materials
14. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder’s Office and delivered to the City to be included in the rezoning
application file for record.
Writer
Nayeli Sanchez Luna
March 20, 2023
Team Leader
Racelle Escolar
Page 752
Staff Report: Z-72-22-8
March 20, 2023
Exhibits
Sketch Map
Aerial Map
Elliot 202 PUD Narrative date stamped March 9, 2023
Correspondence (20 pages)
Page 753
C-2 SP * R-3 *
55TH DR
C-2* Z-SP-3-22
Z-14-19 R-3 * R1-8 * S-1
59TH AVE
C-2/CP-GCP ANX 271
Z-22-22 Z-100-02 ANX 314
Z-79-01 Z-49-17
Z-22-21
R1-6 PCD*
C-1 * ALTA MESA AVE
Z-109-05
C-2/CP-GCP Z-14-19
56TH AVE
Z-79-01 ELLIOT RD S-1*
S-1 Z-46-18
ANX 312
S-1 Z-170-04 WALATOWA ST
ANX 271
Z-100-02
R1-8 * S-1
55TH LN
C-2 PCD * R1-6
56TH LN
Z-109-05 PCD * Z-46-18 ANX 312
55TH AVE
Z-109-05 Z-170-04
JACKALOPE LN R1-6 PCD *
Z-109-05
RAINWATER DR
w
v202
CHUCK BOX RD
R1-8 PCD *
Z-109-05
S-1 HARDTACK TRL
ANX 312
R-2 PCD *
Z-170-04
Z-109-05 S-1
ANX 312
R1-6 PCD * R1-10 PCD *
GILA Z-109-05 Z-170-04
Z-109-05
RIVER
INDIAN
RESERVATION
CARVER RD
S-1 R1-8 PCD *
ANX 312 Z-109-05 54TH
Z-170-04
LN DR
RA NG E
LA G
I
BROADWAY RD
Z-72-22
SOUTHERN AVE
Miles BASELINE RD
0.1 0.05 0 0.1
75TH AVE
DOBBINS RD
LAVEEN VILLAGE
67TH AVE
ELLIOT RD
CITY COUNCIL DISTRICT: 8
59TH AVE
ESTRELLA DR
51ST AVE
27TH AVE
43RD AVE 35TH AVE
APPLICANT'S NAME: REQUESTED CHANGE:
IDM Companies
FROM:
S-1 (Approved R1-6 PCD) ( 38.45 a.c.)
APPLICATION NO.
Z-72-22
DATE:
10/27/2022
REVISION DATES:
S-1 (Approved R-2 PCD) ( 27.40 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
65.85 Acres QS 05-15 C-5 TO: PUD ( 65.85 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 (Approved R1-6 PCD) 38 ( 204), 27 (274) N/A ( 250), N/A ( 329)
S-1 (Approved R-2 PCD)
PUD 460 N/A
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-72-22.mxd
Page 754
C-2 SP * R-3 *
55TH DR
C-2* Z-SP-3-22
Z-14-19 R-3 * R1-8 * S-1
59TH AVE
C-2/CP-GCP ANX 271
Z-22-22 Z-100-02 ANX 314
Z-79-01 Z-49-17
Z-22-21
R1-6 PCD*
C-1 * ALTA MESA AVE
Z-109-05
C-2/CP-GCP Z-14-19
56TH AVE
Z-79-01 ELLIOT RD S-1*
S-1 Z-46-18
ANX 312
S-1 Z-170-04 WALATOWA ST
ANX 271
Z-100-02
R1-8 * S-1
55TH LN
C-2 PCD * R1-6
56TH LN
Z-109-05 PCD * Z-46-18 ANX 312
55TH AVE
Z-109-05 Z-170-04
JACKALOPE LN R1-6 PCD *
Z-109-05
RAINWATER DR
w
v202
CHUCK BOX RD
R1-8 PCD *
Z-109-05
S-1 HARDTACK TRL
ANX 312
R-2 PCD *
Z-170-04
Z-109-05 S-1
ANX 312
R1-6 PCD * R1-10 PCD *
GILA Z-109-05 Z-170-04
Z-109-05
RIVER
INDIAN
RESERVATION
CARVER RD
S-1 R1-8 PCD *
ANX 312 Z-109-05 54TH
Z-170-04
LN DR
RA NG E
LA G
Maricopa County Assessor's Office
I
BROADWAY RD
Z-72-22
SOUTHERN AVE
Miles BASELINE RD
0.1 0.05 0 0.1
75TH AVE
DOBBINS RD
LAVEEN VILLAGE
67TH AVE
ELLIOT RD
CITY COUNCIL DISTRICT: 8
59TH AVE
ESTRELLA DR
51ST AVE
27TH AVE
43RD AVE 35TH AVE
APPLICANT'S NAME: REQUESTED CHANGE:
IDM Companies
FROM:
S-1 (Approved R1-6 PCD) ( 38.45 a.c.)
APPLICATION NO.
Z-72-22
DATE:
10/27/2022
REVISION DATES:
S-1 (Approved R-2 PCD) ( 27.40 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
65.85 Acres QS 05-15 C-5 TO: PUD ( 65.85 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 (Approved R1-6 PCD) 38 ( 204), 27 (274) N/A ( 250), N/A ( 329)
S-1 (Approved R-2 PCD)
PUD 460 N/A
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-72-22.mxd
Page 755
From: Rohit Singh
To: stephanie@witheymorris.com; Enrique A Bojorquez-Gaxiola
Subject: Feedback regarding IDM"s plans for 51ST & ELLIOTT / 59TH & ELLIOTT IN TIERRA MONTANA
Date: Tuesday, November 29, 2022 7:26:42 PM
Hi,
I was at the neighborhood meeting for 51ST & ELLIOTT / 59TH & ELLIOTT in Tierra
Montana where I met representatives from IDM and learned about there plans for -
(i) Southwest Corner of 63RD AVE & DOBBINS (“Site 1”);
(ii) Southeast Corner of 59TH AVE & ELLIOT (“Site 2”); and
(iii) Southwest Corner of 51ST AVE & ELLIOT (“Site 3”).
I wish to raise concerns about the high density, multifamily development and
commercial/warehouse development that is proposed for Site 2 - Southeast Corner of 59TH
AVE & ELLIOT.
Commercial retail would be great on this site but a warehouse with bays for semi trucks does
not sound like a good plan for this project. There are single family homes around this area as
well as a school so having commercial warehouse just a block away is not the best choice. It
does not fit into how this area is getting developed as a quiet neighborhood for families with a
school nearby.
Also, having multi family homes in this neighborhood will lead to congestion and does not fit
with the character of the neighborhood.
I would suggest changing this to commercial retail and single family home or single family
rentals like at site 3. Commercial retail is much needed in this area as we have to go all the
way to Ahwatukee for restaurants, kids activity and stores like Hobby Lobby, Gymnastic
classes, Aqua tot/ swim lessons etc.
Please register these as my feedback for the proposed development by IDM for site 2.
Thanks,
Rohit Singh
Taylor Morrison - Tierra Montana Community
Page 756
From: PDD Long Range Planning
To: Nayeli Sanchez Luna; Enrique A Bojorquez-Gaxiola
Subject: FW: concerns about the new 202 & Dobbins proposal
Date: Thursday, December 15, 2022 7:04:26 PM
Attachments: Elliott and 202.pdf
Thank you,
Sarah Stockham
Planner III
200 West Washington Street, 3rd Floor
Phoenix, Arizona 85003
Phone: 602-261-8701
sarah.stockham@phoenix.gov
From: Patrick Nasser-Taylor
Sent: Thursday, December 15, 2022 6:44 PM
To: PDD Laveen VPC; PDD Long Range Planning
Subject: concerns about the new 202 & Dobbins proposal
Good evening,
I attended the meeting on Monday and I have a few concerns that I am not sure were addressed,
although, I did have to leave early.
It was mentioned that the new development would add an apartment complex along with the
shopping/commercial use. However, the presenter failed to mention other projects that are also in
the works (see attached files and link) that will significantly add to the density and traffic of this small
community here in Laveen.
The following are the proposals that I know of that are being planned. I am sure that there are more,
but this is the list I know of so far.
1. The Gila Foothills PUD proposal will convert 24 acres of commercial land into 270 acres of
commercial land with use ranging from commercial, to residential, to resort/resort residential.
Looking at their proposal, it looks like there will be 29.5 acres of high density residential and 31.8
acres of resort residential. I have a feeling that I am missing some residential uses in this plan as I
believe that they stated that some of the commercial acreage would be mixed use between business
and apartments. I am unaware of the total increase in residential units for this plan.
https://www.gilafoothillspud.com/ [gilafoothillspud.com]
2. The LIV South Mountain proposal (see attached) would add 336 units of apartment space directly
south of the proposal that was discussed on Monday. This will have two very large apartment
Page 757
complexes directly adjacent to each other.
3. The Elliott 202 PUD proposal (see attached) will add 456 apartment units and a 36 foot tall
warehouse in what is now a cornfield and directly behind my home. It will completely obstruct the
gorgeous view of the Estrella's that everyone in our community and the surrounding communities
currently enjoy.
4. The Dobbins 202 PUD proposal (see attached) will add a massive warehouse complex.
5. Finally, the 51st and Elliott proposal (see attached), will add 121 rental homes in a very dense
piece of land, surrounded by new communities that currently have more spacious properties on
them.
Items 3, 4 and 5 are all being planned by the same developer. They intend to get all three proposals
on the same agenda to submit together.
I am concerned mainly because I am not entirely sure whether all of these additional proposed sites
are being considered and scrutinized between each other. This will add a significant population
growth to the area and not all of them align with the current use of the surrounding neighborhoods.
I hope these can all be looked at and addressed.
Thank you,
Patrick Nasser-Taylor
Dobbins 202.pdf [drive.google.com]
51 and Elliott.pdf [drive.google.com]
Page 758
From: Enrique A Bojorquez-Gaxiola
To: Enrique A Bojorquez-Gaxiola
Subject: RE: Items 9 and 10, GPA-LV-4-22-8 (Companion Case Z-72-22-8)
Date: Monday, March 13, 2023 2:46:33 PM
From: Tracy Smith
Sent: Friday, February 10, 2023 1:44 PM
To: PDD Long Range Planning
Subject: Items 9 and 10, GPA-LV-4-22-8 (Companion Case Z-72-22-8)
Hello,
I am a resident of Tierra Montana. I am writing today with concerns over the plans for the area near
59th avenue south of Elliot and north of Carver. With apartments being requested for 51st avenue
and baseline (item 6 - Z-75-22-8). It doesn't make sense to have an even larger, nearly triple in size
apartment complex along with casita style rental homes just north of it. There is no public
transportation south of Dobbins, are there plans to extend public transportation? The amount of
traffic that will be forced through these residential areas will be extremely excessive there is a school
at 51st and Carver with a round about directing the traffic. How is non-stop, high density traffic, safe
for a school zone?
Please consider density in this very limited egress area along with the lack of transportation
resources. This land would be better suited as commercial and non residential or at least lower
density residential.
Please help us keep our children safe by limiting the dwelling size.
Thank you,
Tracy Smith
Sent from the all new AOL app for Android [play.google.com]
Page 759
Nayeli Sanchez Luna
Subject: FW: 6 (GPA-LV-4-8) & 7 (Z-72-22-8)
-----Original Message-----
From: Sanjiv Wadhera
Sent: Saturday, March 18, 2023 6:23 PM
To: PDD Long Range Planning
Subject: 6 (GPA-LV-4-8) & 7 (Z-72-22-8)
Mountain View’s
We resident hereby object to the 40ft tall 3 story multi family development which far exceeds the density of
the area and will eliminate our Mountain View. Reduce the height to 2 story, aligning it with other multi
family projects and maintain our views.
The 45 ft tall digital billboards that operate from 6 am-midnight. Reduce the height to 30ft, restrict hours
from 6am-10pm, require illumination reduction after sunset.
Thanks,
Rekha & Sanjiv Wadhera
11110 S -56th Lane
Laveen- AZ 85339
Cell No: 724-681-8818
Sent from my iPhone
Page 760
Nayeli Sanchez Luna
Subject: FW: LVPC Public Hearing 3/20/23-Agenda Item 6. GPA-LV-4-22-8
From: Thomas Nasser‐Taylor
Sent: Saturday, March 18, 2023 6:48 PM
To: PDD Long Range Planning; PDD Laveen VPC
Subject: LVPC Public Hearing 3/20/23‐Agenda Item 6. GPA‐LV‐4‐22‐8
Laveen Village Planning Committee,
I am not sure if I am bound by the same conflict of interest as my husband, however I would like to make my
contribution to this conversation if I am allowed.
When my husband and I were looking for houses to move to I was skeptical about moving to the west valley as I am
more familiar with the east valley communities. However I still remember the first time we drove over the pass on the
202 freeway and we drove into Laveen. We both looked at eachother and immediately knew that this was the right
place for us to settle down and start our family. We fell in love with the majestic views and the suburban life.
First, I would like to recognize that we truly appreciate IDM acknowledging that their five story warehouse was not
appropriate next to our community. I also recognize that there is probably some financial loss by making this change,
but it does respect the fact that virtually nowhere else is there industrial next to single family residential. What I would
like to address is my concern for respecting the dignity and the concerns of my neighbors as well as my future neighbors
in the Tierra Montana community that have no knowledge of this project as their community is still being developed.
We fell in love with these majestic mountains and I am confident that the future homeowners at Tierra Montana fell in
love with the same views that southern Laveen currently offers.
We are not asking to eliminate multi‐family communities, we simply want them to reflect Laveen and we chose Laveen
due to the small town feel and views. Reducing the height of these buildings to two stories aligns it with the rest of
Laveen and maintains the view of the Estrella's. I would ask that you consider a stipulation that the multi‐family complex
not exceed two stories.
Please respect the requests of your fellow Laveeners.
‐‐
Sincerely,
Thomas Nasser‐Taylor
Page 761
Nayeli Sanchez Luna
Subject: FW: 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
From: Danielle Younkin
Sent: Sunday, March 19, 2023 4:15 PM
To: PDD Long Range Planning
Subject: 6 (GPA‐LV‐4‐22‐8) & 7 (Z‐72‐22‐8)
To Whom It May Concern,
I am writing to inform you that I oppose both proposals.
First, the 40ft tall 3 story multi family development, which far exceeds the density of the area and will eliminate my
mountain views. I propose the solution be to reduce the 3 stories to two‐story, aligning it with the other multifamily
projects in the surrounding areas and maintaining the Ellison Trails view.
Secondly, a 45 foot tall digital billboard that operates from 6 AM to midnight, I oppose. The solution should be to
reduce the height to 30 feet and restrict the hours from 6 AM to 10 PM and require illumination reduction after sunset.
We already live close to the highway we don’t need a reminder.
Hundreds of families relocated themselves to the Laveen areas because of a close proximity to the mountains and to
the quiet neighborhoods outside of Phoenix. By adding the 3 story apartment complex you prohibit the views for
families‐ which again is the primary reason we bought out here. And some of us paid for our premium lot‐ I bought into
this area because of the views and you are taking that away from us.
Concerned citizen,
Danielle N Younkin
5617 W Rainwater Dr
Laveen, AZ 85339
‐‐
Danielle N Goguen
11609 W Lincoln St
Avondale, AZ 85323
(210)286-8031
goguenda@gmail.com
Page 762
Nayeli Sanchez Luna
Subject: FW: SE corner of 202 and Elliot
From: Liz Hosmer
Sent: Sunday, March 19, 2023 10:19 AM
To: PDD Long Range Planning
Subject: SE corner of 202 and Elliot
To Whom It May Concern,
I am writing you to let you know I STRONGLY oppose the plan to develop the SE corner of 202 and Elliot with 3 story
apartment buildings. I am absolutely appalled that the Village would even be entertaining anything that would take away
our beautiful views of the Estrella mountains.
We moved here in 2021 and specifically picked Laveen because apartments we not a thing in Laveen. We also chose our
specific lot because of the views of both South Mountain and the Estrellas. We were told NOTHING but houses would be
built around us. It leaves a very bad taste in our mouths to know the Village is choosing a deep pocketed developer over
their fellow Laveeners! I would like to suggest that if you are going to allow Corporate Greed into our community, at the
very least, limit the height on the apartments to no more than 2 stories. This would at least fall in line with the two story
homes in the adjacent neighborhoods. Please understand, these new neighborhoods bring a much needed middle class
and upper middle class to Laveen. By upsetting the residents in these brand new neighborhoods could have a negative
economic impact to the community. I know it will change how much I donate to this community and where I choose to
spend my money going forward if the proposed plan is approved without requested changes.
I find it very concerning there are members of the village that have vested interests in some of the proposals within this
development as money is being dedicated to the parks and schools. Any member that has a conflict should immediately
recuse themself from this project. By not doing so, this could put the Village in a very precarious situation and compromise
the integrity of the Village.
Lastly, The billboards are beyond ridiculous. You have all these beautiful new homes that sold/sell for 500K-1M and you
want to cheapen the neighborhood with an electronic light show everyday and night? Ahwatukee fought this and has not
one single billboard! Why is Laveen choosing to give way to these unsightly atrocities? I am seriously questioning the
sincerity of the Village to protect Laveen and do what's in the best interest of this community.
I beg you to please stop this nonsense immediately while we still can!!!! The eyes of Laveen are watching the Village
memebrs hard and counting on you to stand up for all of us! DO WHATS RIGHT!!!!!
Regards,
Elizabeth Hosmer
Page 763
Nayeli Sanchez Luna
Subject: FW: 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
-----Original Message-----
From: Joshua Younkin
Sent: Sunday, March 19, 2023 4:19 PM
To: PDD Long Range Planning
Subject: 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
To Whom It May Concern,
I am writing to inform you that I oppose both proposals.
First, the 40ft tall 3 story multi family development, which far exceeds the density of the area and will
eliminate my mountain views. I propose the solution be to reduce the 3 stories to two-story, aligning it with
the other multifamily projects in the surrounding areas and maintaining the Ellison Trails view.
Secondly, a 45 foot tall digital billboard that operates from 6 AM to midnight, I oppose. The solution
should be to reduce the height to 30 feet and restrict the hours from 6 AM to 10 PM and require
illumination reduction after sunset. My family and I can hear the highway and see it. We don’t need a
billboard to remind us further.
Hundreds of families relocated themselves to the Laveen areas because of a close proximity to the
mountains and to the quiet neighborhoods outside of Phoenix. By adding the 3 story apartment complex
you prohibit the views for families- the Mountain View’s is what attracted me to this area. It was a great
selling point. And this development design stands to take that away from us. This area was originally
designed for single and 2 story homes which goes in-line with the density in the area.
Regards,
Joshua Younkin
Page 764
Nayeli Sanchez Luna
Subject: FW: Ref. GPA-LV-4-22-8
From: L T Kidd
Sent: Sunday, March 19, 2023 7:30 PM
To: PDD Laveen VPC; PDD Long Range Planning
Subject: Ref. GPA‐LV‐4‐22‐8
Item #6 GPA‐LV‐4‐22‐8
LVPC ‐
My partner and I have been very concerned about the recent pop‐up of highrise development that are coming into
Laveen. We live in a new development along Dobbins that we just moved in to and within days after our move, a three
story apartment complex started being built right next to our house.We would still have a view of the mountain if it was
only a two story complex. Due to our rapidly decreasing view I have decided that it is time to become a more vocal
member of Laveen and stand up for the community.
This evening we decided to take our drone to Ellison Trails to get an accurate representation of what will be lost if this
development is built. My partner went into the field and walked 180 feet from the Tierra Montana wall and flew our
drone as high as it would go and remain stable. I captured this picture when it was just under 25 feet. We added the line
across the picture for reference of what this height alone will do to the viewpoints of these communities. These two
neighborhoods will bear the brunt of this change but all of these new developments and the existing homes will also see
this atrocity instead of the mountains.
Page 765
Please do not let them build large apartment complexes !
Page 766
Nayeli Sanchez Luna
Subject: FW: Ref. GPA-LV-4-22-8
From: L T Kidd
Sent: Sunday, March 19, 2023 1:00 PM
To: PDD Long Range Planning
Subject: Ref. GPA‐LV‐4‐22‐8
To whom it may concern,
We are begging you to please do NOT approve a four story complex at Elliott and the 202 in Laveen.
We love the country feel of Laveen and the Mountain View’s that is why we moved here.
If we Wanted large apartment buildings we could have moved to Tempe, Goodyear, Chandler, Awatukee so many other
places in this growing valley.
Please limit the heights to only two stories.
There are many other places they can build taller multi family buildings, Please don’t block out country feel and our
Mountain View’s.
Thank you
L T Kidd
Page 767
Nayeli Sanchez Luna
Subject: FW: 6. GPA-LV-4-22-8
From: StormTrance
Sent: Sunday, March 19, 2023 4:17 PM
To: PDD Long Range Planning
Subject: 6. GPA‐LV‐4‐22‐8
Good evening,
I have just learned that the new Tierra Montana community that I was planning to purchase a home in is now subject to a 3‐story
apartment complex right behind our future home. I moved my family here from another state that had no scenic views and was just
flatlands. We moved here for these gorgeous mountain views and we have just learned that the community we planned to move into is
going to lose the views to this complex. If this is approved, then our family will have to consider backing out of our home and move to
another location and possibly out of Laveen entirely. I oppose the height of this complex and ask that you consider limiting the height to
that of the surrounding area.
Thank you,
Todd McIntyre
Page 768
Page 769
Page 770
Page 771
Page 772
Page 773
Page 774
Page 775
ATTACHMENT C
Village Planning Committee Meeting Summary
Z-72-22-8
INFORMATION ONLY
Date of VPC Meeting January 9, 2023
Request From S-1 (Approved R1-6 PCD), and S-1 (Approved R-2 PCD)
Request To PUD
Proposed Use Industrial, Commerce Park, and Multifamily Residential
Location Southeast corner of 59th Avenue and Elliot Road
VPC DISCUSSION:
Item No. 8 (Z-75-22-8), Item No. 9 (GPA-LV-4-22-8), Item No. 10 (Z-72-22-8), Item No.
11 (GPA-LV-5-22-7), and Item No. 12 (Z-73-22-7) were heard together.
Four members of the public registered to speak on these item. Two of the members
donated their time.
APPLICANT PRESENTATION:
Jason Morris, representing the applicant with Withey Morris PLC, introduced himself
and the three proposed projects by IDM. Mr. Morris stated that he will provide a
combined presentation for agenda items 8 though 12. Mr. Morris provided an overview
of IDM, describing the Columbia Tech Center, which is owned by IDM. Mr. Morris then
introduced Item No. 8 (Z-75-22-8), by the name of Curato, describing the site location,
changes made to the site plan and elevations, and the proposed site plan plus
elevations. Mr. Morris stated that 171 dwelling units are now proposed, with the primary
access along Elliot Road. Mr. Morris described the proposed building elevations,
renderings, site amenities, and housing plus retail trends in the area. Mr. Morris
concluded by listing various project benefits. Mr. Morris then introduced Item Nos. 9
(GPA-LV-4-22-8) and 10 (Z-72-22-8), by the name of Acero Laveen, describing the site
location, development units, site plans, renderings, landscape concepts, common
tenants in commerce parks, proposed buffering, traffic circulation, and referenced other
developments. Mr. Morris described site amenities proposed in Development Unit 2,
housing trends, and off-premise signage. Mr. Morris concluded by listing various project
benefits. Mr. Morris then introduced Item Nos. 11 (GPA-LV-5-22-7) and 12 (Z-73-22-7),
by the name of Envision Dobbins 202 West, describing the site location and how this
development furthers the Loop 202 technology corridor. Mr. Morris described the site
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 776
plan, project phases, renderings, common tenants in commerce parks, and provided an
example of a common distribution facility. Mr. Morris stated that there are performance
criteria for distribution facilities embedded in the proposed PUD Narrative. Mr. Morris
described the project benefits and concluded by summarizing the outreach conducted
on these cases.
QUESTIONS FROM COMMITTEE:
None.
PUBLIC COMMENTS:
Dan Penton stated that on case Z-75-22-8, staff was not in favor of the initial
multifamily zoning proposed there. Mr. Penton discussed multifamily projects in the area
and has concerns with the buildings proposed on case Z-72-22-8 due to the height,
scale, and lack of commercial uses. Mr. Penton stated that the frontage along 59th
Avenue that is proposed looks bad due to the building locations. Mr. Penton discussed
a bicycle way and improving connectivity on the site. Mr. Penton has concerns with the
proposed
Phil Hertel registered to speak on these items but was disconnected during public
comment portion.
APPLICANT RESPONSE:
None.
COMMITTEE DISCUSSION:
Carlos Ortega stated that too many projects are being presented at one time by the
applicant and feels overwhelmed. Mr. Ortega would like for applicants to present their
projects individually instead.
Rebecca Perrera would like to see refinement in the building elevations and became
confused by the numerous projects discussed at one time.
Chair Abegg would like to see more details on each case and is not supportive of
distribution facilities as primary uses permitted in sites. Chair Abegg would like to see a
stipulation reserving a grocery store location in the area.
Mr. Morris responded that he would gladly present these cases separately in the future.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 777
Village Planning Committee Meeting Summary
Z-72-22-8
INFORMATION ONLY
Date of VPC Meeting February 13, 2023
Request From S-1 (Approved R1-6 PCD), and S-1 (Approved R-2 PCD)
Request To PUD
Proposed Use Industrial, Commerce Park, and Multifamily Residential
Location Southeast corner of 59th Avenue and Elliot Road
VPC DISCUSSION:
Item No. 9 (GPA-LV-4-22-8) and Item No. 10 (Z-72-22-8) were heard together.
Ten members of the public registered to speak on these items. Six of the members
donated their time.
APPLICANT PRESENTATION:
Ben Tate, representing the applicant with Withey Morris PLC., introduced himself and
the proposed project. Mr. Tate described the location of the site and discussed the
initial proposal which was divided into two phases. Mr. Tate stated that the current
version of the project has three phases, with the addition of a “casita” or multifamily
phase along the northeastern portion of the site. Mr. Tate added that other changes
include a significant area reduction in Phase 1 which is a mix of commercial and
commerce park uses due to concerns from the neighbors on the scale of the flex
buildings proposed. Mr. Tate discussed the site plans and conceptual elevations
proposed for each phase. Mr. Tate discussed the amenities that will be provided in
each of the units and common areas throughout the residential sites. Mr. Tate
discussed IDM Cares, which is a non-profit arm of IDM, and the two proposed off-
premise signs. Mr. Tate provided a summary of the public outreach conducted and
project benefits.
QUESTIONS FROM COMMITTEE:
Dean Chiarelli asked for clarification on the street improvements along Dobbins
Road. Mr. Chiarelli described the conditions on Dobbins Road and added that he has
lived in the area and expects more homes to be built along there.
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 778
Carlos Ortega has questions about the donation from the billboards towards public
parks in the area and wants to ensure accountability with those funds. Mr. Tate
responded by discussing the height of the proposed multifamily units and adding that a
total of 579 dwelling units are proposed across the PUD. Mr. Tate added that a
maximum height of 48 feet is proposed for the billboards, which is allowed by the
Zoning Ordinance. Mr. Tate stated that a separate account would be created for the
funds going towards parks.
Chair Abegg asked if the units in the casita product will also have private backyards.
Mr. Tate responded that private backyards will be provided for each unit and that
street improvements will be made on adjacent streets, including a traffic signal at the
adjacent intersection.
Chair Abegg appreciates the dressing of the poles for the billboard signs and
discussed street improvements plus other development in the general area.
PUBLIC COMMENTS:
Patrick Nasser appreciates the changes made to the layout of the commerce park
portion of the site, but now sees an issue with the impact from this commerce park
area to the proposed casita development next to it. Mr. Nasser asked for the removal
of the commerce park area from the site and wants to know the specific height of
three-story apartments proposed. Mr. Nasser would like clarification on the number of
dwelling units proposed across the entire PUD. Mr. Nasser stated that the density of
18.2 dwelling units per acre is much higher than other multifamily projects in the area
which have a density closer to 12 dwelling units per acre. Mr. Nasser stated the
reducing the height of the multifamily from three to two stories would by default reduce
the density and parking requirements, allowing for more open space. Mr. Nasser
would also like to know the height of the proposed billboard signs.
Gwen Kowalski appreciates the changes made to the project as she lives east of this
development. Ms. Kowalski would like for the warehouse buildings to be re-oriented as
to not block views of the mountains for her, and to help reduce the height further plus
reduce semi-truck traffic in the area. Ms. Kowalski is excited about the new
development but has concerns about the uses proposed.
Kevin Joyner echoes the comments made and added that the community has
concerns with the three stories and density proposed for the multifamily portion of the
site. Mr. Joyner added that the billboards proposed are also of concern.
Dan Penton discussed the proposed billboard locations along the Loop 202 freeway,
noting that there are lots of these already. Mr. Penton is largely opposed to billboards,
although the ones proposed here look better than the others that exist already and
have a community benefits. Mr. Penton stated that these billboards would set a new
minimum standard moving forward and would like for the angle on the displays to be
modified to avoid impacts to the adjacent community. Mr. Penton stated the brightness
of the billboard signs should be reduced and turned off after 10pm. Mr. Penton stated
that the orientation of the two larger commerce park buildings would help block noise
from the freeway to the adjacent casita development unit. Mr. Penton stated that this
latest proposal is a compromise.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 779
APPLICANT RESPONSE:
Mr. Tate thanked the committee for the feedback provided.
COMMITTEE DISCUSSION:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 780
Village Planning Committee Meeting Summary
Z-72-22-8
Date of VPC Meeting March 20, 2023
Request From S-1 (Approved R1-6 PCD), and S-1 (Approved R-2 PCD)
Request To PUD
Proposed Use Commercial, Commerce Park, and Multifamily
Residential
Location Southeast corner of 59th Avenue and Elliot Road
VPC Recommendation Approval, per the staff recommendation with additional
stipulations
VPC Vote: 8-0
VPC DISCUSSION:
Item No. 6 (GPA-LV-4-22-8) and Item No. 7 (Z-72-22-8) were heard together.
Thirty members of the public registered to speak on these items. Thirteen of the
members donated their time.
Staff Presentation:
Nayeli Sanchez Luna, staff, presented an overview of GPA-LV-4-22-8 and Z-72-22-8.
Mrs. Sanchez Luna discussed the location of the site, the requested zoning
designation, the surrounding land uses, and the proposed General Plan Land Use
Map designation. Mrs. Sanchez Luna summarized policy plans in the area and noted
that the proposed development integrated design elements that supported the plans.
Mrs. Sanchez Luna concluded the presentation by summarizing the staff findings,
summarizing public correspondence, providing the staff recommendation and
proposed stipulations.
Applicant Presentation:
Jason Morris, representing the applicant with Withey Morris, provided an overview of
the proposed cases. He summarized previous requests that included large commerce
park and industrial uses and noted the changes to the current proposal. Mr. Morris
displayed Development Unit 1, explaining changes that have been made to address
community concerns, and summarizing the commercial and commerce park uses
allowed on site. Mr. Morris displayed Development Unit 3 (just east of Development
Unit 1) and summarized the multifamily project noting the setbacks, open space, and
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 781
Laveen Village Planning Committee
Meeting Summary
Z-72-22-8
March 20, 2023
Page 2
building renderings. Mr. Morris displayed Development Unit 2 and summarized the
multifamily project noting the proposed height, amenities, density, and floor plans. Mr.
Morris demonstrated the conceptual view corridor and noted the reduction in proposed
height.
Mr. Morris provided information about IDM Cares, a charitable arm of the IDM
company (the developer). He explained that as part of the PUD they are proposing two
billboards which will be administered by IDM and IDM Cares. Fifty percent of the net
revenue from the billboards will be donated to IDM Cares to be utilized within the
Laveen community. He explained that the billboard provisions including a height
limitation of 48 feet, the locations, and hours limitation. Mr. Morris proposed a
stipulation to limit the PUD to two billboards with a maximum height of 48 feet.
He also proposed a stipulation related to the 50 percent donation and provided
specific language on the slide.
Mr. Morris concluded his presentation by providing an outreach summary and
displayed a slide outlining the project benefits.
Questions from the committee:
None.
Public Comment:
Phil Hertel stated that he was opposed to the proposed density and that the open
space requirements should be increased to fifteen percent. Mr. Hertel asked for more
information regarding school funding. Mr. Hertel requested that the case be continued
to the next committee meeting.
Mrs. Sanchez Luna stated that Breanna Wandrych, who registered to speak, was not
present in the attendee list. Mrs. Sanchez Luna and Chair Lina Abegg confirmed
that Breanna Wandrych was not on the attendee list.
Mark Williams requested that the proposed multifamily have a maximum of two
stories along the easter portion of the site. Mr. Williams stated that the proposed
height did not include the pitch of the roofs and requested a maximum height that
would not restrict views. Mr. Williams stated that he supported medical uses but was
opposed to the proposed density and height. Mr. Williams concluded his comment by
stating that the conceptual views presented were deceitful.
Mrs. Sanchez Luna stated that Ana Alvarado, who registered to speak, was not
present in the attendee list. Chair Abegg requested to continue to the next public
comment.
Shaina Bontrager stated that she was opposed to the proposed density and the
three-story height. Ms. Bontrager added that she agreed with Mark Williams’ comment
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regarding the conceptual view.
Carmen Terrell stated that she was opposed to the entire PUD and would rather see
agricultural uses like a community garden. Ms. Terrell added that the surrounding
properties were not taken into consideration. Ms. Terrell noted that a portion of the
housing should be low-income. Ms. Terrell concluded her comment by reiterating that
she was opposed to the entire PUD and request the dates for the next hearings.
Danielle Younkin stated that she supported Mark Williams comment regarding the
single-story multifamily proposal, density, and height restrictions. Ms. Younkin added
that the conceptual views presented were deceitful. Ms. Younkin requested that the
off-premise signage have a maximum height of 30 feet. Ms. Younkin concluded her
comment by stating that the applicant could not guarantee certain commercial uses on
Development Unit 1.
Cassandra Gannis stated that the applicant has ignored the opposition for off-
premise signage. Ms. Gannis stated that she was opposed to the proposed three-story
multifamily housing and requested more commercial uses.
David Barrera stated that he was opposed to the proposed density. Mr. Barrera
stated that an increase in population would lead to more crime. Mr. Barrera requested
the multifamily development to prohibit low-income rental units or senior living
facilities.
Gwen Kowalski requested that the proposed multifamily development be reduced to
two-stories. Ms. Kowalski noted that the proposed height would eliminate scenic
views. Ms. Kowalski agreed with height restricts to protect scenic views. Ms. Kowalski
supported the revenue for the off-premise signs; however, requested a maximum
height of 30 feet and shut off time of 10:00 p.m. Ms. Kowalski requested that members
that have a conflict of interest and that were on a school board, to remove themselves
from the case.
Josh Younkin stated that the conceptual views were disingenuous. Mr. Younkin
stated that the conceptual view did not provide a ground level perspective. Mr.
Younkin stated that he was opposed to the proposal.
Sean Goughan stated that he was opposed to the proposed density and height. Mr.
Goughan requested the case to be continued. Mr. Goughan added that he was
opposed to low-income housing.
Katalin Rivera stated that the proposed changes have been insufficient. Ms. Rivera
reiterated that the conceptual view was deceitful and that scenic views will be
obstructed. Ms. Rivera requested the case to be continued so that the applicant could
address the community’s concerns.
Mrs. Sanchez Luna stated that Andrew Norlen, who registered to speak, was not
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present in the attendee list.
Mrs. Sanchez Luna stated that Felicia Chavez, who registered to speak, was not
present in the attendee list.
Maria Reagin stated that she was opposed to the PUD. Ms. Reagin requested the off-
premise signs to have a maximum height of 30 feet. Ms. Reagin requested stipulations
to be added that would limit the type of commercial businesses allowed in
Development Unit 1. Ms. Reagin added that she agreed with Phil Hertel’s comments
and Mark Williams’ comments.
Dan Penton stated that he supported the proposed PUD but still had some concerns.
Mr. Penton requested three-story buildings to be located centrally. Mr. Penton noted
that the surrounding population needed safer pedestrian pathways and areas. Mr.
Penton added that he had concerns with traffic and requested limited commercial
traffic. Mr. Penton requested cross sections to be modified to support a safe
pedestrian atmosphere. Mr. Penton added that development was inevitable. Mr.
Penton stated that he supported one off-premise sign and the proposed height. Mr.
Penton requested the hours of operation to be reduced. Mr. Penton concluded his
comment by requesting the applicant to address the community concerns.
Carlos Ortega asked if the twelve members who donated their time to Dan Penton
agreed with his perspective. Chair Abegg stated that members donated their time
because they support Dan Penton’s perspective. Mr. Penton stated that he
incorporates the community’s opinion into his public comment.
Dean Chiarelli requested the applicant to clarify if the proposed height exceeded the
current zoning designation. Mr. Chiarelli asked if the proposed off-premise signage
height of 45 feet exceeded the allowed height in the Zoning Ordinance.
Applicant Response:
Mr. Morris stated that the proposed height would be allowed in the current R-2 zoning
designation. Mr. Morris stated that off-premise signage became and allowed use when
the freeway corridor was established by the City Council. Mr. Morris added that there
were no other off-premise signs in the area. He stated that the proposed development
includes an additional 87 units than that allowed in the underlying zoning designation.
Mr. Morris added that if the proposal had a maximum height of two-stories, then that
would increase the density of the PUD. Mr. Morris stated that one- and two-story
buildings will be located adjacent to existing single-family residential uses. Mr. Morris
noted that the conceptual views were taken from a height of 25 to 35 feet to
demonstrate visibility above perimeter walls and houses.
Mr. Morris reiterated that the City Council has allowed the use of off-premise signage
in the freeway corridor and noted that the revenue would benefit Laveen. Mr. Morris
again mentioned the proposed stipulation to limit the PUD to two billboards with
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March 20, 2023
Page 5
a maximum height of 48 feet and other standards they have agreed to related to
billboard regulations in the Zoning Ordinance. Mr. Morris added that the proposed
PUD has addressed community concerns and that the proposed uses were
compatible with the freeway corridor. Mr. Morris noted that the development would
also provide significant street improvements.
Committee Discussion:
Rebecca Perrera stated that she wanted to address some comments she heard
regarding conflict of interest and school board members. Ms. Perrera stated that a
non-salary board member does not constitute a conflict of interest.
Vice Chair Stephanie Hurd requested members of the public to share their support or
opposition before the meeting.
Motion:
Vice Chair Stephanie Hurd motioned to recommend approval of Z-72-22-8 as
presented (per the staff recommendation and additions proposed by the applicant)
along with the following additions:
Fifty percent donation being broken down into minimum 25 percent of revenue to
rental assistance and minimum 15 percent to Olney Park as part of the total 50
percent.
The following shall be provided for public street facing elevations:
o 25% Min. Gglazing and metal railing
o 10% Min. Bbrick veneer
o 15% Min. Hhardie plank
o 50% Max. Sstucco
Apartment elevations shall feature large balconies and deep overhangs to visually
create layered volumes and break up the mass of each building type.
Balconies are encouraged to orient toward the streets, where possible.
A minimum of three (3) apartment types are provided.
A stipulation to update the billboard provisions to include branded screening on the
backside of the billboard.
Jennifer Rouse seconded the motion.
Ms. Perrera thanked the community and the applicant for their input and stated that
the proposal has changed since it was last presented to the community. Vice Chair
Hurd stated that the applicant has had a lot of progress in their proposal and that it
would benefit Laveen.
Vote:
8-0-0, Motion passed with Committee Members Barraza, Chiarelli, Jensen, Ortega,
Perrera, Rouse, Hurd, and Abegg in favor.
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Recommended Stipulations:
1. An updated Development Narrative for the Elliot 202 PUD reflecting the
changes approved through this request shall be submitted to the Planning
Department within 30 days of City Council approval of this request. The
updated Development Narrative shall be consistent with Development Narrative
date stamped March 9, 2023, as modified by the following stipulations.
a. Front Cover, add “City Council adopted: [Insert Adoption date]”
b. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Remove “Publicly operated buildings or properties” from this list.
c. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Add “Multifamily residential.”
d. Page 7, Section C. List of Uses, Development Unit 1, Performance
Criteria for Distribution Uses, modify this section as follows:
No distribution and large-scale wholesale facilities are permitted as a
primary use for a time period of 4 years from the date of rezoning
approval.
* For the purposes of this PUD, “large-scale wholesale” is defined
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.
e. Page 9, Development Standards – Development Unit 1, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations. 2% of Required Parking. A minimum of 20 electric vehicle
charging spaces shall be required for the overall development (DUs 1, 2,
and 3).
f. Page 9, Development Standards – Development Unit 1, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
g. Page 13, Development Standards – Development Unit 2, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area
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March 20, 2023
Page 7
h. Page 13, Development and Landscape Standards for Development Unit
2: Add the header “Development Standards – Development Unit 2”
before development standards table.
i. Page 13, Development Standards – Development Unit 2, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
j. Page 14, Development Standards – Development Unit 2, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).
k. Page 16, Development Standards – Development Unit 3, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area.
l. Page 16, Development and Landscape Standards for Development Unit
3: Add the header “Development Standards – Development Unit 3”
before the development standards table.
m. Page 17, Development Standards – Development Unit 3, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
n. Page 17, Development Standards – Development Unit 3, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).
o. Page 16, Development Standards – Development Unit 3, Building
Setbacks, modify the South (Adjacent to Unit 2) to 15 feet.
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P. PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3
DESIGN GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN
GUIDELINES FOR APARTMENT AND CARRIAGE UNIT
ELEVATIONS, MODIFY THE PUBLIC STREET ELEVATIONS AS
FOLLOWS:
PUBLIC STREET FACING:
25% MIN. GLAZING AND METAL RAILING
10% MIN. BRICK VENEER
15% MIN. HARDIE PLANK
50% MAX. STUCCO
Q. PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3
DESIGN GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN
GUIDELINES FOR APARTMENT AND CARRIAGE UNIT
ELEVATIONS, MODIFY AS FOLLOWS:
APARTMENT ELEVATIONS SHALL FEATURE LARGE
BALCONIES AND DEEP OVERHANGS TO VISUALLY
CREATE LAYERED VOLUMES AND BREAK UP THE MASS
OF EACH BUILDING TYPE.
BALCONIES ARE ENCOURAGED TO ORIENT TOWARD THE
STREETS, WHERE POSSIBLE.
A MINIMUM OF THREE (3) APARTMENT BUILDING TYPES
ARE PROVIDED.
R. PAGE 25, F. SIGNS, ADD THE FOLLOWING LANGUAGE AFTER
THE FIRST PARAGRAPH:
THERE SHALL BE A MAXIMUM OF TWO DIGITAL
BILLBOARDS EACH AT A MAXIMUM HEIGHT OF 48 FEET.
ANY OFF-PREMISE SIGN SHALL INCLUDE BRANDED
SCREENING ON THE BACKSIDE.
pS. Page 26, Section G. Sustainability, 1. City Enforced Standards, move
the third bullet point related to recycling to the Developer Goal section.
2. Page 27, Circulation Systems: Remove “future development to dedicate and
construct all typical half street right-of way and roadways necessary to serve
the development”.
3. The developer shall dedicate right-of-way and construct the south side of Elliot
Road from 55th Avenue to the 202 Freeway, as required by the Tierra Montana
Master Street Plan and as approved by the Planning and Development
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Page 9
Department.
4. The developer shall dedicate right-of-way and fully construct 59th Avenue, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
5. The developer shall dedicate right-of-way and fully construct Carver Road, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
6. The developer shall submit a Traffic Impact Study including a signal warrant
analysis for this development at the intersection of 59th Avenue and Elliot
Road. No preliminary approval of plans shall be granted until the study has
been reviewed and approved by the city. The developer shall be responsible for
cost and construction of traffic signal or If traffic signal is not warranted upon
opening, the developer will be required to provide 50% contribution toward the
traffic signal in an escrow account to the Street Transportation Department, as
required by the approved traffic impact study.
7. The developer shall submit a sight distance analysis for all driveways located
along 59th Avenue. Sight distance must comply with the Street AASHTO
requirements and Transportation Departments Planning and Design Manual
and as approved by the Street Transportation Department.
8. Existing irrigation facilities along public streets are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land
rights and establish the appropriate process to relocate the facility.
9. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
10. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along
Carver Road and a minimum 10-foot-wide multi-use trail (MUT) shall be
constructed within the easement in accordance with the MAG supplemental
detail and as approved by the Planning and Development Department.
11. A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the
east side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP)
shall be constructed within the easement in accordance with the MAG
supplement detail and as approved by the Planning and Development
Department.
12. The property owner shall record documents that disclose the existence, and
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Laveen Village Planning Committee
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March 20, 2023
Page 10
operational characteristics of Goodyear Airport to future owners or tenants of
the property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved
by the City Attorney.
13. In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archeologist, and allow time for the
Archeology Office to properly assess the materials
14. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder’s Office and delivered to the City to be included in
the rezoning application file for record.
15. PRIOR TO OBTAINING A PERMIT FOR AN OFF-PREMISE SIGN
(BILLBOARD), THE APPLICANT MUST EXECUTE AN AGREEMENT WITH
THE CITY OF PHOENIX, OUTLINING THE UTILIZATION OF 50% OF THE
NET PROFITS FROM THE PROPOSED BILLBOARDS WITH SPECIFIC
REGARD TO THE FOLLOWING:
SUBSIDIZATION OF RENT FOR LAVEEN RESIDENTS VIA IDM
CARES;
LAVEEN ELEMENTARY SCHOOL DISTRICT;
CITY OF PHOENIX PARKS OPERATIONS FOR OLNEY PARK NEAR
THE INTERSECTION OF 59TH AND OLNEY AVENUES, AS
MODIFIED AND APPROVED BY THE PARKS AND RECREATION
DEPARTMENT.
THE 50% DONATION SHALL BE BROKEN DOWN INTO MINIMUM 25% OF
REVENUE TO RENTAL ASSISTANCE AND MINIMUM 15% TO OLNEY
PARK AS PART OF THE TOTAL 50%.
THE AGREEMENT SHALL REMAIN IN FORCE AS LONG AS THE
BILLBOARDS ARE OPERATIONAL OR UNTIL A CONTRIBUTION AMOUNT
OF TWO MILLION DOLLARS HAS BEEN DONATED.
Staff comments regarding VPC Recommendation:
Staff recommends clarifying the language for Stipulation No. 1.r. regarding the
branded screening for billboards.
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Page 790
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 5
DISTRICT NO.: 8
SUBJECT:
Application #: Z-72-22-8 (Elliot 202 PUD) (Companion Case GPA-LV-4-22-8)
Location: Southeast corner of 59th Avenue and Elliot Road
From: S-1 (Approved R1-6 PCD) and S-1 (Approved R-2 PCD)
To: PUD
Acreage: 65.85
Proposal: Planned Unit Development to allow commercial, commerce park, and
multifamily residential.
Applicant: IDM Companies
Owner: Clyde David and Marsha Lou Smith, The Smith Trust dated May 30, 2003
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation:
Laveen 1/9/2023 Information only.
Laveen 2/13/2023 Information only.
Laveen 3/20/2023 Approval, per the staff recommendation with additional stipulations.
Vote: 8-0.
Planning Commission Recommendation: Approval, per the Laveen Planning Committee
recommendation with an additional stipulation.
Motion Discussion: N/A
Motion details: Commissioner Busching made a MOTION to approve Z-72-22-8, per the Laveen
Village Planning committee recommendation with an additional stipulation that prior to
occupancy, the developer must provide a qualified engineer’s report certifying the average
annual interior noise exposure for any residential unit or enclosed public assembly area will not
exceed 45 decibels.
Maker: Busching
Second: Mangum
Vote: 5-0
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: Yes
Findings:
1. The proposed development is compatible with the existing land use pattern in the area
and is consistent with the proposed General Plan Land Use Map designation of Mixed
Use (Commercial/ Commerce/Business Park) and Residential 15+ dwelling units per
acre.
Page 791
2. The proposed development contains enhanced standards that will result in a more
walkable, shaded and pedestrian-friendly environment. The development will provide
increased shade which will help to reduce the urban heat island effect.
3. The proposal will provide additional employment options, commercial services, and
housing opportunities within the Loop 202 Freeway corridor.
Stipulations:
1. An updated Development Narrative for the Elliot 202 PUD reflecting the changes
approved through this request shall be submitted to the Planning Department within 30
days of City Council approval of this request. The updated Development Narrative shall
be consistent with Development Narrative date stamped March 9, 2023, as modified by
the following stipulations.
a. Front Cover, add “City Council adopted: [Insert Adoption date]”
b. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses: Remove
“Publicly operated buildings or properties” from this list.
c. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses: Add
“Multifamily residential.”
d. Page 7, Section C. List of Uses, Development Unit 1, Performance Criteria for
Distribution Uses, modify this section as follows:
No distribution and large-scale wholesale facilities are permitted as a primary
use for a time period of 4 years from the date of rezoning approval.
* For the purposes of this PUD, “large-scale wholesale” is defined
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.
e. Page 9, Development Standards – Development Unit 1, Parking Standards, add
an Electric Vehicle Parking standards section with the following: Minimum
Percentage of installed Level 2 EV Charging Stations. 2% of Required Parking.
A minimum of 20 electric vehicle charging spaces shall be required for the
overall development (DUs 1, 2, and 3).
f. Page 9, Development Standards – Development Unit 1, Sidewalk and Trails,
modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided
along the west property line within a 20-foot wide Shared Use Path Easement
(SUPE) or sidewalk easement to be dedicated to the city.
g. Page 13, Development Standards – Development Unit 2, Maximum Density,
Add the following:
Maximum 700 units for the overall PUD area
h. Page 13, Development and Landscape Standards for Development Unit 2: Add
the header “Development Standards – Development Unit 2” before development
standards table.
Page 792
i. Page 13, Development Standards – Development Unit 2, Sidewalk and Trails,
modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided
along the west property line within a 20-foot wide Shared Use Path Easement
(SUPE) or sidewalk easement to be dedicated to the city.
j. Page 14, Development Standards – Development Unit 2, Parking Standards,
add an Electric Vehicle Parking standards section with the following: Minimum
Percentage of installed Level 2 EV Charging Stations: 2% of Required Parking.
Minimum Percentage of EV Capable spaces: 5%. A minimum of 20 electric
vehicle charging spaces shall be required for the overall development (DUs 1, 2,
and 3).
k. Page 16, Development Standards – Development Unit 3, Maximum Density,
Add the following:
Maximum 700 units for the overall PUD area.
l. Page 16, Development and Landscape Standards for Development Unit 3: Add
the header “Development Standards – Development Unit 3” before the
development standards table.
m. Page 17, Development Standards – Development Unit 3, Sidewalk and Trails,
modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided
along the west property line within a 20-foot wide Shared Use Path Easement
(SUPE) or sidewalk easement to be dedicated to the city.
n. Page 17, Development Standards – Development Unit 3, Parking Standards,
add an Electric Vehicle Parking standards section with the following: Minimum
Percentage of installed Level 2 EV Charging Stations: 2% of Required Parking.
Minimum Percentage of EV Capable spaces: 5%. A minimum of 20 electric
vehicle charging spaces shall be required for the overall development (DUs 1, 2,
and 3).
o. Page 16, Development Standards – Development Unit 3, Building Setbacks,
modify the South (Adjacent to Unit 2) to 15 feet.
P. PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3 DESIGN
GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN GUIDELINES FOR
APARTMENT AND CARRIAGE UNIT ELEVATIONS, MODIFY THE PUBLIC
STREET ELEVATIONS AS FOLLOWS:
PUBLIC STREET FACING:
25% MIN. GLAZING AND METAL RAILING
10% MIN. BRICK VENEER
15% MIN. HARDIE PLANK
50% MAX. STUCCO
Page 793
Q. PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3 DESIGN
GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN GUIDELINES FOR
APARTMENT AND CARRIAGE UNIT ELEVATIONS, MODIFY AS FOLLOWS:
x APARTMENT ELEVATIONS SHALL FEATURE LARGE BALCONIES
AND DEEP OVERHANGS TO VISUALLY CREATE LAYERED
VOLUMES AND BREAK UP THE MASS OF EACH BUILDING TYPE.
x BALCONIES ARE ENCOURAGED TO ORIENT TOWARD THE
STREETS, WHERE POSSIBLE.
x A MINIMUM OF THREE (3) APARTMENT BUILDING TYPES ARE
PROVIDED.
R. PAGE 25, F. SIGNS, ADD THE FOLLOWING LANGUAGE AFTER THE FIRST
PARAGRAPH:
x THERE SHALL BE A MAXIMUM OF TWO DIGITAL BILLBOARDS
EACH AT A MAXIMUM HEIGHT OF 48 FEET.
x ANY OFF-PREMISE SIGN SHALL INCLUDE BRANDED SCREENING
ON THE BACKSIDE.
pS. Page 26, Section G. Sustainability, 1. City Enforced Standards, move the third
bullet point related to recycling to the Developer Goal section.
2. Page 27, Circulation Systems: Remove “future development to dedicate and construct
all typical half street right-of way and roadways necessary to serve the development”.
3. The developer shall dedicate right-of-way and construct the south side of Elliot Road
from 55th Avenue to the 202 Freeway, as required by the Tierra Montana Master
Street Plan and as approved by the Planning and Development Department.
4. The developer shall dedicate right-of-way and fully construct 59th Avenue, as required
by the Tierra Montana Master Street Plan and as approved by the Planning and
Development Department.
5. The developer shall dedicate right-of-way and fully construct Carver Road, as required
by the Tierra Montana Master Street Plan, and as approved by the Planning and
Development Department.
6. The developer shall submit a Traffic Impact Study including a signal warrant analysis
for this development at the intersection of 59th Avenue and Elliot Road. No preliminary
approval of plans shall be granted until the study has been reviewed and approved by
the city. The developer shall be responsible for cost and construction of traffic signal or
If traffic signal is not warranted upon opening, the developer will be required to provide
50% contribution toward the traffic signal in an escrow account to the Street
Transportation Department, as required by the approved traffic impact study.
7. The developer shall submit a sight distance analysis for all driveways located along
59th Avenue. Sight distance must comply with the Street AASHTO requirements and
Transportation Departments Planning and Design Manual and as approved by the
Street Transportation Department.
Page 794
8. Existing irrigation facilities along public streets are to be undergrounded and relocated
outside of City right-of-way. Contact SRP to identify existing land rights and establish
the appropriate process to relocate the facility.
9. The developer shall construct all streets within and adjacent to the development with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping,
and other incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.
10. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along Carver Road
and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed within the
easement in accordance with the MAG supplemental detail and as approved by the
Planning and Development Department.
11. A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the east
side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP) shall be
constructed within the easement in accordance with the MAG supplement detail and as
approved by the Planning and Development Department.
12. The property owner shall record documents that disclose the existence, and
operational characteristics of Goodyear Airport to future owners or tenants of the
property. The form and content of such documents shall be according to the templates
and instructions provided which have been reviewed and approved by the City
Attorney.
13. In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archeologist, and allow time for the Archeology
Office to properly assess the materials
14. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder’s Office and delivered to the City to be included in the rezoning application
file for record.
15. PRIOR TO OBTAINING A PERMIT FOR AN OFF-PREMISE SIGN (BILLBOARD),
THE APPLICANT MUST EXECUTE AN AGREEMENT WITH THE CITY OF
PHOENIX, OUTLINING THE UTILIZATION OF 50% OF THE NET PROFITS FROM
THE PROPOSED BILLBOARDS WITH SPECIFIC REGARD TO THE FOLLOWING:
x SUBSIDIZATION OF RENT FOR LAVEEN RESIDENTS VIA IDM CARES;
x LAVEEN ELEMENTARY SCHOOL DISTRICT;
x CITY OF PHOENIX PARKS OPERATIONS FOR OLNEY PARK NEAR THE
INTERSECTION OF 59TH AND OLNEY AVENUES, AS MODIFIED AND
APPROVED BY THE PARKS AND RECREATION DEPARTMENT.
THE 50% DONATION SHALL BE BROKEN DOWN INTO MINIMUM 25% OF
REVENUE TO RENTAL ASSISTANCE AND MINIMUM 15% TO OLNEY PARK AS
PART OF THE TOTAL 50%.
THE AGREEMENT SHALL REMAIN IN FORCE AS LONG AS THE BILLBOARDS
ARE OPERATIONAL OR UNTIL A CONTRIBUTION AMOUNT OF TWO MILLION
DOLLARS HAS BEEN DONATED.
Page 795
16. PRIOR TO OCCUPANCY, THE DEVELOPER MUST PROVIDE A QUALIFIED
ENGINEER’S REPORT CERTIFYING THE AVERAGE ANNUAL INTERIOR NOISE
EXPOSURE FOR ANY RESIDENTIAL UNIT OR ENCLOSED PUBLIC ASSEMBLY
AREA WILL NOT EXCEED 45 DECIBELS.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 796
ATTACHMENT E
Nayeli Sanchez Luna
Subject: FW: Items 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
From: Richard Escoto
Sent: Monday, March 20, 2023 3:55 PM
To: PDD Long Range Planning
Subject: Items 6 (GPA‐LV‐4‐22‐8) & 7 (Z‐72‐22‐8)
To whom it may concern ‐ We do not approve of the aforementioned items.
Sincerely,
Richard Escoto
786‐208‐1227
Page 797
Report
202 PUD) - Southeast Corner of 59th Avenue and Elliot Road (Ordinance G-7110)
Request to hold a public hearing and amend the Phoenix Zoning Ordinance, Section
601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-72-22-
8 and rezone the site from S-1 (Approved R1-6 PCD) (Ranch or Farm Residence,
Approved Single-Family Residence District, Planned Community District) and S-1
(Approved R-2 PCD) (Ranch or Farm Residence, Approved Multifamily Residence
District, Planned Community District) to PUD (Planned Unit Development) to allow
commercial, commerce park, and multifamily residential. This is a companion case and
must be heard following GPA-LV-4-22-8.
Summary
Current Zoning: S-1 (Approved R1-6 PCD) (38.45 acres) and S-1 (Approved R-2 PCD)
(27.40 acres)
Proposed Zoning: PUD
Acreage: 65.85
Proposed Use: Commercial, commerce park, and multifamily residential
Owner: Clyde David and Marsha Lou Smith
Applicant: IDM Companies
Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations.
VPC Information Only: The Laveen Village Planning Committee heard this case on
Jan. 9, 2023, and Feb. 13, 2023, for information only.
VPC Action: The Laveen Village Planning Committee heard the case on March 20,
2023, and recommended approval, per the staff recommendation, with additional
stipulations, by a vote of 8-0.
PC Action: The Planning Commission heard the case on April 13, 2023, and
recommended approval per the Laveen Village Planning Committee recommendation
with an additional stipulation, by a vote of 5-0.
Location
Southeast corner of 59th Avenue and Elliot Road
Page 723
Council District: 8
Parcel Addresses: 5757 W. Elliot Road; 10925, 11075, and 11555 S. 59th Ave.
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.
Page 724
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-72-22-8) FROM S-1 (APPROVED R1-6 PCD)
(RANCH OR FARM RESIDENCE, APPROVED SINGLE-FAMILY
RESIDENCE DISTRICT, PLANNED COMMUNITY DISTRICT)
AND S-1 (APPROVED R-2 PCD) (RANCH OR FARM
RESIDENCE, APPROVED MULTIFAMILY RESIDENCE
DISTRICT, PLANNED COMMUNITY DISTRICT) TO PUD
(PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 65.85 acre site located at the southeast
corner of 59th Avenue and Elliot Road in a portion of Section 17, Township 1 South,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
38.45 acres of “S-1 (Approved R1-6 PCD)” (Ranch or Farm Residence, Approved
Single-Family Residence District, Planned Community District) and 27.40 acres of “S-1
(Approved R-2 PCD)” (Ranch or Farm Residence, Approved Multifamily Residence
District, Planned Community District), to “PUD” (Planned Unit District) for the Elliot 202
PUD.
Page 725
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B.”
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. An updated Development Narrative for the Elliot 202 PUD reflecting the
changes approved through this request shall be submitted to the Planning
Department within 30 days of City Council approval of this request. The
updated Development Narrative shall be consistent with Development Narrative
date stamped March 9, 2023, as modified by the following stipulations.
a. Front Cover, add “City Council adopted: [Insert Adoption date]”
b. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Remove “Publicly operated buildings or properties” from this list.
c. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Add “Multifamily residential.”
d. Page 7, Section C. List of Uses, Development Unit 1, Performance
Criteria for Distribution Uses, modify this section as follows:
No distribution and large-scale wholesale facilities are permitted as a
primary use for a time period of 4 years from the date of rezoning
approval.
* For the purposes of this PUD, “large-scale wholesale” is defined
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.
e. Page 9, Development Standards – Development Unit 1, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations. 2% of Required Parking. A minimum of 20 electric vehicle
charging spaces shall be required for the overall development (DUs 1, 2,
and 3).
Page 726
f. Page 9, Development Standards – Development Unit 1, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
g. Page 13, Development Standards – Development Unit 2, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area
h. Page 13, Development and Landscape Standards for Development Unit
2: Add the header “Development Standards – Development Unit 2”
before development standards table.
i. Page 13, Development Standards – Development Unit 2, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
j. Page 14, Development Standards – Development Unit 2, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).
k. Page 16, Development Standards – Development Unit 3, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area.
l. Page 16, Development and Landscape Standards for Development Unit
3: Add the header “Development Standards – Development Unit 3”
before the development standards table.
m. Page 17, Development Standards – Development Unit 3, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Page 727
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
n. Page 17, Development Standards – Development Unit 3, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).
o. Page 16, Development Standards – Development Unit 3, Building
Setbacks, modify the South (Adjacent to Unit 2) to 15 feet.
p. Page 24, Development Unit 2 and Development Unit 3 Design
Guidelines, a. Architectural Design, Design Guidelines for Apartment
and Carriage Unit Elevations, modify the public street elevations as
follows:
Public street facing:
25% Min. Glazing and metal railing
10% Min. Brick veneer
15% Min. Hardie plank
50% Max. Stucco
q. Page 24, Development Unit 2 and Development Unit 3 Design
Guidelines, a. Architectural Design, Design Guidelines for Apartment
and Carriage Unit Elevations, modify as follows:
Apartment elevations shall feature large balconies and deep
overhangs to visually create layered volumes and break up the
mass of each building type.
Balconies are encouraged to orient toward the streets, where
possible.
A minimum of three (3) apartment building types are provided.
r. Page 25, F. Signs, add the following language after the first paragraph:
There shall be a maximum of two digital billboards each at a
maximum height of 48 feet.
Any off-premise sign shall include branded screening on the
backside.
s. Page 26, Section G. Sustainability, 1. City Enforced Standards, move
Page 728
the third bullet point related to recycling to the Developer Goal section.
2. Page 27, Circulation Systems: Remove “future development to dedicate and
construct all typical half street right-of way and roadways necessary to serve
the development”.
3. The developer shall dedicate right-of-way and construct the south side of Elliot
Road from 55th Avenue to the 202 Freeway, as required by the Tierra Montana
Master Street Plan and as approved by the Planning and Development
Department.
4. The developer shall dedicate right-of-way and fully construct 59th Avenue, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
5. The developer shall dedicate right-of-way and fully construct Carver Road, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
6. The developer shall submit a Traffic Impact Study including a signal warrant
analysis for this development at the intersection of 59th Avenue and Elliot
Road. No preliminary approval of plans shall be granted until the study has
been reviewed and approved by the city. The developer shall be responsible for
cost and construction of traffic signal or If traffic signal is not warranted upon
opening, the developer will be required to provide 50% contribution toward the
traffic signal in an escrow account to the Street Transportation Department, as
required by the approved traffic impact study.
7. The developer shall submit a sight distance analysis for all driveways located
along 59th Avenue. Sight distance must comply with the Street AASHTO
requirements and Transportation Departments Planning and Design Manual
and as approved by the Street Transportation Department.
8. Existing irrigation facilities along public streets are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land
rights and establish the appropriate process to relocate the facility.
9. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
10. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along
Carver Road and a minimum 10-foot-wide multi-use trail (MUT) shall be
constructed within the easement in accordance with the MAG supplemental
Page 729
detail and as approved by the Planning and Development Department.
11. A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the
east side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP)
shall be constructed within the easement in accordance with the MAG
supplement detail and as approved by the Planning and Development
Department.
12. The property owner shall record documents that disclose the existence, and
operational characteristics of Goodyear Airport to future owners or tenants of
the property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved
by the City Attorney.
13. In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archeologist, and allow time for the
Archeology Office to properly assess the materials
14. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder’s Office and delivered to the City to be included in
the rezoning application file for record.
15. Prior to obtaining a permit for an off-premise sign (billboard), the applicant must
execute an agreement with the City of Phoenix, outlining the utilization of 50%
of the net profits from the proposed billboards with specific regard to the
following:
Subsidization of rent for Laveen residents via IDM Cares;
Laveen Elementary School District;
City of Phoenix parks operations for Olney park near the intersection of
59th and Olney avenues, as modified and approved by the Parks and
Recreation Department.
The 50% donation shall be broken down into minimum 25% of revenue to
rental assistance and minimum 15% to Olney park as part of the total 50%.
The agreement shall remain in force as long as the billboards are operational or
until a contribution amount of two million dollars has been donated.
16. Prior to occupancy, the developer must provide a qualified engineer’s report
certifying the average annual interior noise exposure for any residential unit or
enclosed public assembly area will not exceed 45 decibels.
Page 730
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 3rd day of May, 2023.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)
Page 731
EXHIBIT A
LEGAL DESCRIPTION FOR Z-72-22-8
Development Unit 1
A portion of (GLO) Lot 1 lying within the Northwest Quarter of Section 17, Township 1
South, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona,
being more particularly described as follows:
COMMENCING at a found 3 inch City of Phoenix brass cap in hand hole accepted as
the North quarter corner of said Section 17 from which a found 3 inch brass cap in hand
hole, stamped T1S, R2E, S7, S8, S17, S18, RLS 54404, dated 2020 accepted as the
Northwest corner thereof bears North 89°54'45" West, 2619.11 feet;
Thence North 89°54'45" West, 1882.59 feet along the north line of said Northwest
Quarter to the POINT OF BEGINNING;
Thence leaving said north line, South 00°00'00" East, 1166.32 feet;
Thence North 90°00'00" West, 740.14 feet to the west line of said Northwest Quarter;
Thence along said west line, North 00°10'42" East, 1167.45 feet to the Northwest corner
of said Section 17;
Thence South 89°54'45" East, 736.51 feet to the POINT OF BEGINNING.
The above described parcel contains a computed area of 861,540 sq. ft. (19.7782
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.
Development Unit 2:
A portion of (GLO) Lot 1 lying within the Northwest Quarter of Section 17, Township 1
South, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona,
being more particularly described as follows:
COMMENCING at a found 3 inch City of Phoenix brass cap in hand hole accepted as
the North quarter corner of said Section 17 from which a found 3 inch brass cap in hand
hole, stamped T1S, R2E, S7, S8, S17, S18, RLS 54404, dated 2020 accepted as the
Northwest corner thereof bears North 89°54’45” West, 2619.11 feet;
Page 732
Thence North 89°54’45” West, 1351.43 feet along the north line of said Northwest
Quarter;
Thence leaving said north line, South 01°05'33" East, 1304.07 feet along the west line
of “Ellison Trails” per Book 1478, Page 50, Maricopa County Records, Arizona to the
southwest corner thereof also being the POINT OF BEGINNING;
Thence along the south line of said “Ellison Trails” being in common line with the north
line of said (GLO) Lot 1, South 89°44'51" East, 12.41 feet to the northwest corner of
“Tierra Montana Phase 1 - Parcel 6” per Book 1019, Page 16, Maricopa County
Records, Arizona;
Thence along the west line of said final plat being in common line with the east line of
said (GLO) Lot 1, South 00°12'04" West, 1304.04 feet to the East-West Mid-Section line
of said Section 17;
Thence along said Mid-Section line being in common line with the south line of said
(GLO) Lot 1, North 89°34'59" West, 637.21 feet to the centerline of Loop 202;
Thence along said centerline, North 41°17'26" West, 404.46 feet to the beginning of a
tangent curve, concave northeasterly, having a radius of 7678.00 feet;
Thence continuing along said centerline and northwesterly along said curve, through a
central angle of 04°46'38" West, an arc length of 640.16 feet to the west line of said
Northwest Quarter;
Thence along said west line being in common line with the west line of said (GLO) Lot
1, North 00°10'42" East, 503.23 feet;
Thence leaving said west line, South 89°44'51" East, 1296.60 feet along the north line
of said (GLO) Lot 1 to the POINT OF BEGINNING.
The above described parcel contains a computed area of 1,444,919 sq. ft. (33.1708
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.
Development Unit 3:
A portion of (GLO) Lot 1 lying within the Northwest Quarter of Section 17, Township 1
South, Range 2 East of the Gila and Salt River Meridian, Maricopa County, Arizona,
being more particularly described as follows:
Page 733
COMMENCING at a found 3 inch City of Phoenix brass cap in hand hole accepted as
the North quarter corner of said Section 17 from which a found 3 inch brass cap in hand
hole, stamped T1S, R2E, S7, S8, S17, S18, RLS 54404, dated 2020 accepted as the
Northwest corner thereof bears North 89°54' 45" West, 2619.11 feet;
Thence North 89°54'45" West, 1351.43 feet along the north line of said Northwest
Quarter to the POINT OF BEGINNING;
Thence leaving said north line, South 01°05'33" East, 1304.07 feet along the west line
of "Ellison Trails" per Book 1478, Page 50, Maricopa County Records, Arizona to the
southwest corner thereof;
Thence leaving said west line, North 89°44'51" West, 1296.60 feet along the North line
of said (GLO) Lot 1;
Thence leaving said north line, North 00°10'42" East, 132.61 feet along the west line of
said Northwest Quarter;
Thence leaving said west line, North 90°00'00" East, 740.14 feet;
Thence North 00°00'00" East, 1166.32 feet to the north line of said Northwest Quarter;
Thence along said north line, South 89°54'45" East, 531.17 feet to the POINT OF
BEGINNING.
The above described parcel contains a computed area of 807,688 sq. ft. (18.5420
acres) more or less and being subject to any easements, restrictions, rights-of-way of
record or otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of
the state, county and/or municipality or any land division restrictions.
Page 734
Page 735
ATTACHMENT B
Staff Report Z-72-22-8
(Elliot 202 PUD)
March 20, 2023
Laveen Village Planning Committee March 20, 2023
Meeting Date:
Planning Commission Hearing Date: April 13, 2023
Request From: S-1 (Approved R1-6 PCD) (Ranch or Farm
Residence, Approved Single-Family
Residence District, Planned Community
District) (38.45 acres) and
S-1 (Approved R-2 PCD) (Ranch or Farm
Residence, Approved Multifamily
Residence District, Planned Community
District) (27.40 acres)
Request To: PUD (Planned Unit Development) (65.85
acres)
Proposed Use: Planned Unit Development to allow
commercial, commerce park, and
multifamily residential
Location: Southeast corner of 59th Avenue and Elliot
Road
Owner: Clyde David and Marsha Lou Smith
Applicant: IDM Companies
Representative: Jason Morris, Withey Morris, PLC
Staff Recommendation: Approval, subject to stipulations
General Plan Conformity
Current: Residential 3.5 to 5 dwelling
units per acre (38.60 acres) and
Residential 5 to 10 dwelling units per
acre (27.25 acres)
General Plan Land Use Map Designation
Pending (GPA-LV-4-22-8): Mixed Use
(Commercial / Commerce/Business
Park) (38.60 acres) and Residential 15+
dwelling units per acre (27.25 acre)
Page 736
Staff Report: Z-72-22-8
March 20, 2023
59th Avenue Arterial 33-foot east half street
Street Map 33 to 48-foot south half
Elliot Road Collector
Classification street
Minor
Carver Road 15-foot north half street
Collector
CONNECT PEOPLE AND PLACES CORE VALUE; CORE, CENTERS AND
CORRIDORS; CODES PRINCIPLE: Encourage land uses that promote the growth
of entrepreneurs or new businesses in Phoenix in appropriate locations.
The proposed PUD will add employment opportunities and additional housing within
the Laveen Village and in close proximity to the Loop 202.
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.
The proposal will allow for commercial, office, commerce park, and other employment-
generating land uses in a location that is appropriate due to its proximity to the Loop
202 Freeway. The proposed housing development will be adjacent to the existing
residential uses to the east thus acting as an additional buffer to the commercial and
commerce park uses located on the northwest portion of the site.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.
The PUD Narrative incorporates enhanced landscaping and shade standards
throughout the site that will help to provide shade for pedestrians and mitigate the
urban heat island effect by covering hard surfaces thus cooling the micro-climate
around the vicinity.
Page 737
Staff Report: Z-72-22-8
March 20, 2023
Applicable Plans, Overlays and Initiatives
Laveen Southwest Growth Study: Background Item No. 6.
Housing Plan Phoenix: Background Item No. 7
Complete Streets Guiding Principles: Background Item No. 8.
Comprehensive Bicycle Master Plan: Background 9.
Tree and Shade Master Plan: Background Item No. 10.
Monarch Butterfly: Background Item No. 11.
Zero Waste PHX: Background Item No. 12.
Surrounding Land Uses/Zoning
Land Use Zoning
S-1 (Approved R1-6 PCD) and
On Site Vacant land
S-1 (Approved R-2 PCD)
North (across Elliot
Vacant land, agriculture R-3 and C-1
Road)
South (across Carver
Vacant land S-1 (Approved R1-8 PCD)
Road)
R1-8 and S-1 (Approved R1-6
East Single-family residential
PCD)
West (across 59th Farm or Ranch Residence S-1 (Approved C-2 PCD) and
Avenue) and freeway S-1 (Approved R-2 PCD)
West (across Loop Gila River Indian Reservation
Vacant land
202) jurisdiction
Background/Issues/Analysis
SUBJECT SITE
1. This request is to rezone approximately 65.85 acres located at the southeast
corner of 59th Avenue and Elliot Road from S-1 (Approved R1-6 PCD) (Ranch or
Farm Residence, Approved Single-Family Residence District, Planned
Community District) and S-1 (Approved R-2 PCD) (Ranch or Farm Residence,
Approved Multifamily Residence District, Planned Community District) to PUD
(Planned Unit Development) to allow commercial, commerce park, and
multifamily residential development. The subject site is currently used for
agriculture.
Page 738
Staff Report: Z-72-22-8
March 20, 2023
SURROUNDING LAND USES AND ZONING
2. The proposed PUD will support
new commercial, commerce park,
and residential uses, within close
proximity to the Loop 202 Freeway
and along an arterial street (59th
Avenue). The property to the north,
across Elliot Road, is currently
agricultural land zoned R-3 and
C-1 and allows similar uses
proposed in the Development
Narrative of this case. To the east
is a single-family residential
subdivision zoned R1-8 (Single-
Family Residence District) and S-1
(Approved R1-6 PCD) (Ranch or
Farm Residence, Approved Single-
Family Residence District, Planned Existing Zoning Aerial Map
Community District). Furthermore, Source: Planning and Development Depatment
to the south, across Carver Road,
is vacant land zoned S-1 (Ranch or
Farm Residence). A ranch
residence is located to the west,
across 59th Avenue zoned S-1 (Approved C-2 PCD) (Ranch or Farm Residence,
Approved Intermediate Commercial, Planned Community District). The freeway
right-of-way is also located to the west and is zoned S-1 (Approved C-2 PCD and
R-2 PCD). Beyond the freeway is vacant land within the Gila River Indian
Reservation.
GENERAL PLAN LAND USE MAP DESIGNATION
3. The subject site has two General Plan Land Use Map designations. The north
portion of the site is designated Residential 3.5 to 5 dwelling units per acre. The
south portion of the subject site is designated Residential 5 to 10 dwelling units
per acre. To the east, the designation is Residential 3.5 to 5 dwelling units per
acre. To the north of the site, the designation is Residential 3.5 to 5 dwelling
units per acre and Commercial. To the west, the designation is Residential 5 to
10 dwelling units per acre and Commercial. To the south of the site, the
designation is Residential 3.5 to 5 dwelling units per acre.
A concurrent minor General Plan Land Use Map amendment case, GPA-LV-4-
22-8, is proposed to change the land use map designation to Mixed Use
(Commercial / Commerce/Business Park) for the north portion and Residential
15+ dwelling units per acre for the south portion. The requested PUD zoning is
consistent with the proposed General Plan Land Use Map designations.
Page 739
Staff Report: Z-72-22-8
March 20, 2023
General Plan Land Use Map
Source: City of Phoenix Planning and Development Department
PROPOSAL
4. The proposal was developed utilizing the PUD zoning district. The Planned Unit
Development (PUD) is intended to create a built environment that is superior to
that produced by conventional zoning districts and design guidelines. Using a
collaborative and comprehensive approach, an applicant authors and proposes
standards and guidelines that are tailored to the context of a site on a case by
case basis. Where the PUD Development Narrative is silent on a requirement,
the applicable Zoning Ordinance provisions will be applied.
5. Below is a summary of the proposed standards for the subject site as described
in the attached PUD Development Narrative date stamped March 9, 2023. The
proposed standards were designed to allow commercial, commerce park, and
multifamily residential uses that offer the flexibility to develop uses that would
generate employment and housing within the Laveen Village.
Page 740
Staff Report: Z-72-22-8
March 20, 2023
Conceptual Development Plan
This PUD proposes three development units (DU) as shown in the figure below.
DU 1 is the commercial/commerce park portion of the development proposed at
the immediate intersection of 59th Avenue and Elliot Road. DU 2 is multifamily
residential development proposed on the south portion of the site and DU 3 is
lower intensity multifamily residential development proposed on the north portion
of the site and between DUs 1 and 3.
Development Units
Source: Eliott 202 PUD Narrative
Page 741
Staff Report: Z-72-22-8
March 20, 2023
Development Unit 1 proposes two large
buildings oriented north to south. The loading
and unloading docks would be located centrally
between the two buildings. As a result, the
loading docks would have limited visibility along
the adjacent roads. Enhanced landscaping is
proposed on all four sides of the proposed
development to further limit the visibility of the
loading docks. Commercial development is
proposed and oriented towards Elliot Road.
Development Unit 1 will have access to both
adjacent public streets for customers and
employees.
Development Unit 2 proposes multifamily uses
with a range of three- and four-story buildings.
The proposed three-story buildings would be
located to the east, adjacent to the single-family
residential subdivision. This will act as a buffer
between the single-family residential uses and
Unit 1 Site Configuration
four story multifamily residential uses. Source: Deutsch Architect Group
Finally, Development Unit 3 proposes single-story multifamily uses that would
wrap around Development Unit 1. The proposed multifamily use will consist of
single-story buildings that are designed as single-family homes. The proposed
single-story multifamily use will act as a buffer between the existing single-family
subdivision to the east and the commercial, retail, office, and commerce park
uses located on Development Unit 1.
Staff recommends Stipulation Nos. 1.a., 1.g. 1.h., 1.k.,1.l., and 1.o. to further
clarify the development standards within the proposed PUD including section
labeling, building setbacks, and separation standards.
List of Uses
The Development Narrative proposes several permitted uses including those
listed in the C-2 (Intermediate Commercial) and CP/GCP (Commerce
Park/General Commerce Park) zoning districts in Development Unit 1.
The Development Narrative also proposes restricting certain uses that are
inconsistent with the vision for the site such as marijuana dispensary, tobacco-
oriented retailer, motels, and hotels.
Development Unit 2 and 3 are limited to multifamily residential use.
Staff recommends Stipulations Nos. 1.b. through 1.d. to reinforce the types of
uses that are permitted within the PUD, update performance criteria and update
the language for clarity.
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Staff Report: Z-72-22-8
March 20, 2023
Development Standards
The PUD development narrative proposes development standards based on the
R-3A and CP/GCP zoning districts. However, some standards vary from the R-
3A and CP/GCP standards in relation to building height and setbacks.
Development Standard Unit 1 Unit 2 Unit 3
Maximum Density/Units 0 484 11 dwelling
units per gross
acre
Minimum Building
Setbacks
North 30 feet 25 feet 30 feet
South 30 feet 20 feet 25 feet
East 50 feet 30 feet 25 feet
West 30 feet 20 feet 20 to 25 feet
Shade structures for parking can encroach 5 feet
into the building setback
Minimum Landscape
Setbacks
North 30 feet 25 feet 10 to 30 feet
South 10 feet 20 feet 5 feet
East 35 feet 20 feet 25 feet
West 30 feet 20 feet 20 to 25 feet
Maximum Building 35 feet 3 stories / 40 1 story / 20 feet
Height feet
Maximum Lot Coverage 50% 50% 50%
Open Space & Amenity 5% of net 15% of gross 10% of gross
Standards area area area
The proposed lot coverage of 50% is consistent with the standards in CP/GCP
zoning district. The proposed building and landscape setbacks exceed the
standards in the CP/GCP zoning district. The proposed open space for
Development Unit 2 and 3 exceed the standards in the R-3A zoning district.
Stipulations are recommended to limit the overall number of units for the site to
700. This is addressed in Stipulation Nos. 1.g and 1.k.
Landscape Standards
The PUD proposes enhanced landscape setbacks along all street frontages,
especially along Elliot Road and 59th Avenue. These areas will incorporate a
mixture of two-inch, three-inch, and four-inch caliper trees. The landscaping will
provide for a pedestrian-friendly environment with 75 percent shade on all public
sidewalks, exceeding the minimum requirements of the Zoning Ordinance. In
addition to the trees, the developer shall install a minimum of five, five-gallon
drought-tolerant shrubs per tree.
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March 20, 2023
Parking Standards
The PUD proposes to comply with the Zoning Ordinance minimum parking
standards per Section 702 for Development Unit 1 and required 1.75 spaces per
unit for Development Units 2 and 3. The PUD would also require bicycle parking
to be provided at a rate of 0.25 bicycle spaces per residential unit with a
maximum of 50 spaces for Development Units 2 and 3. Development Unit 1
would also require one space per 50 vehicular parking spaces for up to 10
spaces per building. The PUD Development Narrative also includes a
requirement for a minimum of 20 EV charging stations throughout the entire site.
Staff recommends the addition of Stipulation Nos. 1.e., 1.j., and 1.n. to further
reinforce the EV parking standards within the PUD.
Design Guidelines
The Development Narrative includes design standards that enhance the frontage
of the proposed buildings. All building facades facing a public street will have
enhanced architectural features such as three building materials and/or colors
and shall contain building offsets and recesses. Furthermore, a minimum of two
historically appropriate building materials such as river run stone, field stone,
common brick, and brick veneer shall be incorporated into the facades, screen
walls, and other site features. The design guidelines section also includes
requirements for walls/fences, landscaping, and site design.
Fences/Walls
All fences and walls will adhere to the Zoning Ordinance requirements per
Section 703. An eight-foot screen wall is required between Development Unit 1
and 3. View fencing is required for the multifamily developments along public
streets. The proposed PUD will also require wrought iron, tubular steel, or a
similar material when security fences are located 75 feet from a public street.
The fence requirements are comparable to the Zoning Ordinance standards with
some minor enhancements.
Shade
The Development Narrative requires a minimum of 75 percent shade cover be
provided over public sidewalks. The required shade standards along public
sidewalks exceed the Zoning Ordinance requirements.
Signage
The PUD Narrative includes allowance for off-premise signs in conformance with
Section 705 and 705.2 of the Phoenix Zoning Ordinance. Section 705.2 permits
for installation of off-premise signs along the State Route (Loop) 202 Ed Pastor
Freeway between Interstate 10 and up to 2,000 feet from the boundary of the
South Mountain Preserve.
The Zoning Ordinance only permits off-premise signs to be on property zoned A-
1 Light Industrial, A-2 Industrial District, or PUD. The subject site meets the
locational criterial and if approved, the PUD would be permitted district for the
off-premise signs to be installed.
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Staff Report: Z-72-22-8
March 20, 2023
Sustainability
The Development Narrative proposes several options to incorporate
sustainability principals. Below is a highlight of some of the provisions:
• No less than 20 electric charging stations shall be provided throughout the
PUD;
• Enhanced landscape buffers along the site’s arterial frontages; and
• Minimum shade requirements for sidewalks, pedestrian paths, parking lots
and open space.
Staff recommends the addition of Stipulation No. 1.p. to move recycling
standards to the Developer Goal section.
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Staff Report: Z-72-22-8
March 20, 2023
AREA PLANS, OVERLAY DISTRICT, AND INITIATIVES
6. Laveen Southwest Growth Study
The site is located within the boundaries of the
Laveen Southwest Growth Study, which was
developed in 1997 to analyze the existing
conditions of the Laveen Village and provide a
land use and design planning framework to
help shale the growth that Laveen was starting
to experience, while accounting for newly
annexed farmland as well as the future
development of the South Mountain Freeway
Loop, which has since been completed. This
plan designates the project site Conservation
Community. Although not consistent with the
designation, recent land use trends in the area,
including the development of the Loop 202
Freeway, point to a land use mix that is
primarily employment and housing focused.
This development would be consistent with this
trend.
Laveen Southwest Growth Study Land
Use Map
Source: Planning and Development
Department
The Laveen Southwest Growth Study also outlines specific design policies and
standards for various types of development that will enhance Laveen’s built
environment wile remaining respectful of its agricultural heritage. The study
encourages all new development to use durable, high quality building materials
and to provide enhanced building design that will contribute to the character of
the area. The proposed Development Narrative will require a variety of building
materials on future buildings within this site and also proposes retail and
commercial uses along Elliot Road.
7. Housing Phoenix Plan
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan.
This Plan contains policy initiatives for the development and preservation of
housing with vision of creating a stronger and more vibrant Phoenix through
increased housing options for residents at all income levels and family sizes.
Phoenix’s rapid population growth and housing underproduction has led to a
need for over 163,000 new housing units. Current shortages of housing supply
relative to demand are a primary reason why housing costs
are increasing.
The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
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Staff Report: Z-72-22-8
March 20, 2023
address the supply shortage at a more rapid pace while using underutilized land
in a more sustainable fashion.
8. Complete Streets Guiding Principles
In 2014, the Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, and connected transportation system to include all modes,
such as bicycles, pedestrians, transit, and vehicles. Detached sidewalks will be
provided along street frontages to promote a safe pedestrian atmosphere. The
Development Narrative requires that pedestrian pathways will visually contrast
the drive aisles.
9. Comprehensive Bicycle Master Plan
The City of Phoenix adopted the Comprehensive Bicycle Master Plan in 2014 to
guide the development of its bikeway system and supportive infrastructure. The
Comprehensive Bicycle Master Plan supports options for both short- and long-
term bicycle parking as a means of promoting bicyclist traffic to a variety of
Destinations. The Development Narrative requires bicycle parking of all
Development Units.
10. Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. In addition, a vision in the master plan is to raise
awareness by leading by example. The Development Narrative requires a
minimum of 75 percent shade on all adjacent public sidewalks, in addition to
larger tree sizes. These standards exceeds the minimum Zoning Ordinance
requirements and will ensure a comfortable pedestrian experience.
11. Monarch Butterfly
In April 2021, Mayor Kate Gallego signed the National Wildlife Federation's
Mayor's Monarch Pledge. This pledge commits the city to take action to support
the monarch butterfly population. In the United States, loss of milkweed habitat is
a major factor in the decline of the monarchs. Arizona has at least 29 species of
milkweed native to the state. Adult monarchs feed on the nectar of many flowers,
but they breed only where milkweeds are found. To support the monarch
butterfly population, the PUD narrative addresses the planting of milkweed
shrubs, or other native nectar plant species, on the subject site.
12. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal
to become a zero-waste city, as part of the City’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
expand its recycling and other waste diversion programs. Section 716 of the
Phoenix Zoning Ordinance establishes standards to encourage the provision of
recycling containers for multifamily, commercial, and mixed-use developments
meeting certain criteria. The PUD narrative promotes trash and recycling
receptacles on site.
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March 20, 2023
COMMUNITY INPUT SUMMARY
13. As of the writing of this report, staff has received 12 letters of opposition to this
rezoning application. The stated concerns are the loss of scenic views, traffic
congestion, light pollution, high-density housing, and proposed height for off-
premise signage.
INTERDEPARTMENTAL COMMENTS
14. The Fire Department indicated there are no problems anticipated with the case
and that the site and/or buildings shall comply with the International Fire Code
with Phoenix Amendments. Further, the Department commented that water main
extensions would be necessary for the subject site.
15. The Street Transportation Department has indicated that the developer will be
required to underground existing electrical utility within the public right-of-way as
well as all irrigation facilities, and requires that all street improvement be made to
City and ADA standards. Furthermore, the Street Transportation Department is
requiring that the developer follow the Tierra Montana Master Street Plan and
submit a Traffic Impact Study for the proposed development. This is addressed
in Stipulation Nos. 2 through 9.
16. The Parks and Recreation Department has reviewed the proposed development
and has requested the following: Dedication of a 30-foot-wide multi-use trail
easement (MUTE) with a 10 foot-wide multi-use trail (MUT) built along the south
side of Olney Avenue; and a 20-foot-wide shared-use pathway easement
(SUPE) with a 10-foot-wide shared-use-pathway (SUP) built along the east side
of 59th Avenue. These are addressed in Stipulation No. 10 and 11. Staff
recommends the addition of Stipulation Nos. 1.f., 1.i. and 1.m. to clarify the
dimensions of the shared-used path and the shared-use path easement within
the narrative.
17. The City of Phoenix Aviation Department has indicated that due to the proximity
of the Goodyear Airport and potential for noise from airport related activity, a
stipulation is recommended to require documents to disclose the existence and
operational characteristics of the Phoenix Goodyear Airport to future owners or
tenants of the property. This is addressed in Stipulation No. 12.
OTHER
18. The site has not been identified as being archeologically sensitive. However, in
the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within a 33-foot radius of the discovery
and the City of Phoenix Archaeology Office must be notified immediately and
allowed time to properly assess the materials. This is addressed in Stipulation
No. 13.
19. Staff has not received a completed form for the Waiver of Claims for Diminution
in Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required
by the rezoning application process. Therefore, a stipulation has been added to
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Staff Report: Z-72-22-8
March 20, 2023
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 14.
20. Development and use of the site is subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements such
as obtaining a use permit to conduct the proposed outdoor use in this zoning
district. Other formal actions such as, but not limited to, zoning adjustments and
abandonments, may be required.
Findings
1. The proposed development is compatible with the existing land use pattern in
the area and is consistent with the proposed General Plan Land Use Map
designation of Mixed Use (Commercial/ Commerce/Business Park) and
Residential 15+ dwelling units per acre.
2. The proposed development contains enhanced standards that will result in a
more walkable, shaded and pedestrian-friendly environment. The development
will provide increased shade which will help to reduce the urban heat island
effect.
3. The proposal will provide additional employment options, commercial services,
and housing opportunities within the Loop 202 Freeway corridor.
Stipulations
1. An updated Development Narrative for the Elliot 202 PUD reflecting the changes
approved through this request shall be submitted to the Planning Department
within 30 days of City Council approval of this request. The updated
Development Narrative shall be consistent with Development Narrative date
stamped March 9, 2023, as modified by the following stipulations.
a. Front Cover, add “City Council adopted: [Insert Adoption date]”
b. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Remove “Publicly operated buildings or properties” from this list.
c. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Add “Multifamily residential.”
d. Page 7, Section C. List of Uses, Development Unit 1, Performance
Criteria for Distribution Uses, modify this section as follows:
No distribution and large-scale wholesale facilities are permitted as a
primary use for a time period of 4 years from the date of rezoning
approval.
* For the purposes of this PUD, “large-scale wholesale” is defined
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Staff Report: Z-72-22-8
March 20, 2023
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.
e. Page 9, Development Standards – Development Unit 1, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging Stations.
2% of Required Parking. A minimum of 20 electric vehicle charging
spaces shall be required for the overall development (DUs 1, 2, and 3).
f. Page 9, Development Standards – Development Unit 1, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the city.
g. Page 13, Development Standards – Development Unit 2, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area
h. Page 13, Development and Landscape Standards for Development Unit
2: Add the header “Development Standards – Development Unit 2” before
development standards table.
i. Page 13, Development Standards – Development Unit 2, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the city.
j. Page 14, Development Standards – Development Unit 2, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging Stations:
2% of Required Parking. Minimum Percentage of EV Capable spaces:
5%. A minimum of 20 electric vehicle charging spaces shall be required
for the overall development (DUs 1, 2, and 3).
k. Page 16, Development Standards – Development Unit 3, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area.
l. Page 16, Development and Landscape Standards for Development Unit
3: Add the header “Development Standards – Development Unit 3” before
the development standards table.
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Staff Report: Z-72-22-8
March 20, 2023
m. Page 17, Development Standards – Development Unit 3, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the city.
n. Page 17, Development Standards – Development Unit 3, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging Stations:
2% of Required Parking. Minimum Percentage of EV Capable spaces:
5%. A minimum of 20 electric vehicle charging spaces shall be required
for the overall development (DUs 1, 2, and 3).
o. Page 16, Development Standards – Development Unit 3, Building
Setbacks, modify the South (Adjacent to Unit 2) to 15 feet.
p. Page 26, Section G. Sustainability, 1. City Enforced Standards, move the
third bullet point related to recycling to the Developer Goal section.
2. Page 27, Circulation Systems: Remove “future development to dedicate and
construct all typical half street right-of way and roadways necessary to serve the
development”.
3. The developer shall dedicate right-of-way and construct the south side of Elliot
Road from 55th Avenue to the 202 Freeway, as required by the Tierra Montana
Master Street Plan and as approved by the Planning and Development
Department.
4. The developer shall dedicate right-of-way and fully construct 59th Avenue, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
5. The developer shall dedicate right-of-way and fully construct Carver Road, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
6. The developer shall submit a Traffic Impact Study including a signal warrant
analysis for this development at the intersection of 59th Avenue and Elliot Road.
No preliminary approval of plans shall be granted until the study has been
reviewed and approved by the city. The developer shall be responsible for cost
and construction of traffic signal or If traffic signal is not warranted upon opening,
the developer will be required to provide 50% contribution toward the traffic
signal in an escrow account to the Street Transportation Department, as required
by the approved traffic impact study.
7. The developer shall submit a sight distance analysis for all driveways located
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Staff Report: Z-72-22-8
March 20, 2023
along 59th Avenue. Sight distance must comply with the Street AASHTO
requirements and Transportation Departments Planning and Design Manual and
as approved by the Street Transportation Department.
8. Existing irrigation facilities along public streets are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land rights
and establish the appropriate process to relocate the facility.
9. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
10. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along Carver
Road and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed
within the easement in accordance with the MAG supplemental detail and as
approved by the Planning and Development Department.
11. A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the
east side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP)
shall be constructed within the easement in accordance with the MAG
supplement detail and as approved by the Planning and Development
Department.
12. The property owner shall record documents that disclose the existence, and
operational characteristics of Goodyear Airport to future owners or tenants of the
property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved by
the City Attorney.
13. In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archeologist, and allow time for the
Archeology Office to properly assess the materials
14. Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder’s Office and delivered to the City to be included in the rezoning
application file for record.
Writer
Nayeli Sanchez Luna
March 20, 2023
Team Leader
Racelle Escolar
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Staff Report: Z-72-22-8
March 20, 2023
Exhibits
Sketch Map
Aerial Map
Elliot 202 PUD Narrative date stamped March 9, 2023
Correspondence (20 pages)
Page 753
C-2 SP * R-3 *
55TH DR
C-2* Z-SP-3-22
Z-14-19 R-3 * R1-8 * S-1
59TH AVE
C-2/CP-GCP ANX 271
Z-22-22 Z-100-02 ANX 314
Z-79-01 Z-49-17
Z-22-21
R1-6 PCD*
C-1 * ALTA MESA AVE
Z-109-05
C-2/CP-GCP Z-14-19
56TH AVE
Z-79-01 ELLIOT RD S-1*
S-1 Z-46-18
ANX 312
S-1 Z-170-04 WALATOWA ST
ANX 271
Z-100-02
R1-8 * S-1
55TH LN
C-2 PCD * R1-6
56TH LN
Z-109-05 PCD * Z-46-18 ANX 312
55TH AVE
Z-109-05 Z-170-04
JACKALOPE LN R1-6 PCD *
Z-109-05
RAINWATER DR
w
v202
CHUCK BOX RD
R1-8 PCD *
Z-109-05
S-1 HARDTACK TRL
ANX 312
R-2 PCD *
Z-170-04
Z-109-05 S-1
ANX 312
R1-6 PCD * R1-10 PCD *
GILA Z-109-05 Z-170-04
Z-109-05
RIVER
INDIAN
RESERVATION
CARVER RD
S-1 R1-8 PCD *
ANX 312 Z-109-05 54TH
Z-170-04
LN DR
RA NG E
LA G
I
BROADWAY RD
Z-72-22
SOUTHERN AVE
Miles BASELINE RD
0.1 0.05 0 0.1
75TH AVE
DOBBINS RD
LAVEEN VILLAGE
67TH AVE
ELLIOT RD
CITY COUNCIL DISTRICT: 8
59TH AVE
ESTRELLA DR
51ST AVE
27TH AVE
43RD AVE 35TH AVE
APPLICANT'S NAME: REQUESTED CHANGE:
IDM Companies
FROM:
S-1 (Approved R1-6 PCD) ( 38.45 a.c.)
APPLICATION NO.
Z-72-22
DATE:
10/27/2022
REVISION DATES:
S-1 (Approved R-2 PCD) ( 27.40 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
65.85 Acres QS 05-15 C-5 TO: PUD ( 65.85 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 (Approved R1-6 PCD) 38 ( 204), 27 (274) N/A ( 250), N/A ( 329)
S-1 (Approved R-2 PCD)
PUD 460 N/A
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-72-22.mxd
Page 754
C-2 SP * R-3 *
55TH DR
C-2* Z-SP-3-22
Z-14-19 R-3 * R1-8 * S-1
59TH AVE
C-2/CP-GCP ANX 271
Z-22-22 Z-100-02 ANX 314
Z-79-01 Z-49-17
Z-22-21
R1-6 PCD*
C-1 * ALTA MESA AVE
Z-109-05
C-2/CP-GCP Z-14-19
56TH AVE
Z-79-01 ELLIOT RD S-1*
S-1 Z-46-18
ANX 312
S-1 Z-170-04 WALATOWA ST
ANX 271
Z-100-02
R1-8 * S-1
55TH LN
C-2 PCD * R1-6
56TH LN
Z-109-05 PCD * Z-46-18 ANX 312
55TH AVE
Z-109-05 Z-170-04
JACKALOPE LN R1-6 PCD *
Z-109-05
RAINWATER DR
w
v202
CHUCK BOX RD
R1-8 PCD *
Z-109-05
S-1 HARDTACK TRL
ANX 312
R-2 PCD *
Z-170-04
Z-109-05 S-1
ANX 312
R1-6 PCD * R1-10 PCD *
GILA Z-109-05 Z-170-04
Z-109-05
RIVER
INDIAN
RESERVATION
CARVER RD
S-1 R1-8 PCD *
ANX 312 Z-109-05 54TH
Z-170-04
LN DR
RA NG E
LA G
Maricopa County Assessor's Office
I
BROADWAY RD
Z-72-22
SOUTHERN AVE
Miles BASELINE RD
0.1 0.05 0 0.1
75TH AVE
DOBBINS RD
LAVEEN VILLAGE
67TH AVE
ELLIOT RD
CITY COUNCIL DISTRICT: 8
59TH AVE
ESTRELLA DR
51ST AVE
27TH AVE
43RD AVE 35TH AVE
APPLICANT'S NAME: REQUESTED CHANGE:
IDM Companies
FROM:
S-1 (Approved R1-6 PCD) ( 38.45 a.c.)
APPLICATION NO.
Z-72-22
DATE:
10/27/2022
REVISION DATES:
S-1 (Approved R-2 PCD) ( 27.40 a.c.)
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
65.85 Acres QS 05-15 C-5 TO: PUD ( 65.85 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
S-1 (Approved R1-6 PCD) 38 ( 204), 27 (274) N/A ( 250), N/A ( 329)
S-1 (Approved R-2 PCD)
PUD 460 N/A
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-72-22.mxd
Page 755
From: Rohit Singh
To: stephanie@witheymorris.com; Enrique A Bojorquez-Gaxiola
Subject: Feedback regarding IDM"s plans for 51ST & ELLIOTT / 59TH & ELLIOTT IN TIERRA MONTANA
Date: Tuesday, November 29, 2022 7:26:42 PM
Hi,
I was at the neighborhood meeting for 51ST & ELLIOTT / 59TH & ELLIOTT in Tierra
Montana where I met representatives from IDM and learned about there plans for -
(i) Southwest Corner of 63RD AVE & DOBBINS (“Site 1”);
(ii) Southeast Corner of 59TH AVE & ELLIOT (“Site 2”); and
(iii) Southwest Corner of 51ST AVE & ELLIOT (“Site 3”).
I wish to raise concerns about the high density, multifamily development and
commercial/warehouse development that is proposed for Site 2 - Southeast Corner of 59TH
AVE & ELLIOT.
Commercial retail would be great on this site but a warehouse with bays for semi trucks does
not sound like a good plan for this project. There are single family homes around this area as
well as a school so having commercial warehouse just a block away is not the best choice. It
does not fit into how this area is getting developed as a quiet neighborhood for families with a
school nearby.
Also, having multi family homes in this neighborhood will lead to congestion and does not fit
with the character of the neighborhood.
I would suggest changing this to commercial retail and single family home or single family
rentals like at site 3. Commercial retail is much needed in this area as we have to go all the
way to Ahwatukee for restaurants, kids activity and stores like Hobby Lobby, Gymnastic
classes, Aqua tot/ swim lessons etc.
Please register these as my feedback for the proposed development by IDM for site 2.
Thanks,
Rohit Singh
Taylor Morrison - Tierra Montana Community
Page 756
From: PDD Long Range Planning
To: Nayeli Sanchez Luna; Enrique A Bojorquez-Gaxiola
Subject: FW: concerns about the new 202 & Dobbins proposal
Date: Thursday, December 15, 2022 7:04:26 PM
Attachments: Elliott and 202.pdf
Thank you,
Sarah Stockham
Planner III
200 West Washington Street, 3rd Floor
Phoenix, Arizona 85003
Phone: 602-261-8701
sarah.stockham@phoenix.gov
From: Patrick Nasser-Taylor
Sent: Thursday, December 15, 2022 6:44 PM
To: PDD Laveen VPC
Subject: concerns about the new 202 & Dobbins proposal
Good evening,
I attended the meeting on Monday and I have a few concerns that I am not sure were addressed,
although, I did have to leave early.
It was mentioned that the new development would add an apartment complex along with the
shopping/commercial use. However, the presenter failed to mention other projects that are also in
the works (see attached files and link) that will significantly add to the density and traffic of this small
community here in Laveen.
The following are the proposals that I know of that are being planned. I am sure that there are more,
but this is the list I know of so far.
1. The Gila Foothills PUD proposal will convert 24 acres of commercial land into 270 acres of
commercial land with use ranging from commercial, to residential, to resort/resort residential.
Looking at their proposal, it looks like there will be 29.5 acres of high density residential and 31.8
acres of resort residential. I have a feeling that I am missing some residential uses in this plan as I
believe that they stated that some of the commercial acreage would be mixed use between business
and apartments. I am unaware of the total increase in residential units for this plan.
https://www.gilafoothillspud.com/ [gilafoothillspud.com]
2. The LIV South Mountain proposal (see attached) would add 336 units of apartment space directly
south of the proposal that was discussed on Monday. This will have two very large apartment
Page 757
complexes directly adjacent to each other.
3. The Elliott 202 PUD proposal (see attached) will add 456 apartment units and a 36 foot tall
warehouse in what is now a cornfield and directly behind my home. It will completely obstruct the
gorgeous view of the Estrella's that everyone in our community and the surrounding communities
currently enjoy.
4. The Dobbins 202 PUD proposal (see attached) will add a massive warehouse complex.
5. Finally, the 51st and Elliott proposal (see attached), will add 121 rental homes in a very dense
piece of land, surrounded by new communities that currently have more spacious properties on
them.
Items 3, 4 and 5 are all being planned by the same developer. They intend to get all three proposals
on the same agenda to submit together.
I am concerned mainly because I am not entirely sure whether all of these additional proposed sites
are being considered and scrutinized between each other. This will add a significant population
growth to the area and not all of them align with the current use of the surrounding neighborhoods.
I hope these can all be looked at and addressed.
Thank you,
Patrick Nasser-Taylor
Dobbins 202.pdf [drive.google.com]
51 and Elliott.pdf [drive.google.com]
Page 758
From: Enrique A Bojorquez-Gaxiola
To: Enrique A Bojorquez-Gaxiola
Subject: RE: Items 9 and 10, GPA-LV-4-22-8 (Companion Case Z-72-22-8)
Date: Monday, March 13, 2023 2:46:33 PM
From: Tracy Smith
Sent: Friday, February 10, 2023 1:44 PM
To: PDD Long Range Planning
Subject: Items 9 and 10, GPA-LV-4-22-8 (Companion Case Z-72-22-8)
Hello,
I am a resident of Tierra Montana. I am writing today with concerns over the plans for the area near
59th avenue south of Elliot and north of Carver. With apartments being requested for 51st avenue
and baseline (item 6 - Z-75-22-8). It doesn't make sense to have an even larger, nearly triple in size
apartment complex along with casita style rental homes just north of it. There is no public
transportation south of Dobbins, are there plans to extend public transportation? The amount of
traffic that will be forced through these residential areas will be extremely excessive there is a school
at 51st and Carver with a round about directing the traffic. How is non-stop, high density traffic, safe
for a school zone?
Please consider density in this very limited egress area along with the lack of transportation
resources. This land would be better suited as commercial and non residential or at least lower
density residential.
Please help us keep our children safe by limiting the dwelling size.
Thank you,
Tracy Smith
Sent from the all new AOL app for Android [play.google.com]
Page 759
Nayeli Sanchez Luna
Subject: FW: 6 (GPA-LV-4-8) & 7 (Z-72-22-8)
-----Original Message-----
From: Sanjiv Wadhera
Sent: Saturday, March 18, 2023 6:23 PM
To: PDD Long Range Planning
Subject: 6 (GPA-LV-4-8) & 7 (Z-72-22-8)
Mountain View’s
We resident hereby object to the 40ft tall 3 story multi family development which far exceeds the density of
the area and will eliminate our Mountain View. Reduce the height to 2 story, aligning it with other multi
family projects and maintain our views.
The 45 ft tall digital billboards that operate from 6 am-midnight. Reduce the height to 30ft, restrict hours
from 6am-10pm, require illumination reduction after sunset.
Thanks,
Rekha & Sanjiv Wadhera
11110 S -56th Lane
Laveen- AZ 85339
Cell No: 724-681-8818
Sent from my iPhone
Page 760
Nayeli Sanchez Luna
Subject: FW: LVPC Public Hearing 3/20/23-Agenda Item 6. GPA-LV-4-22-8
From: Thomas Nasser‐Taylor
Sent: Saturday, March 18, 2023 6:48 PM
To: PDD Long Range Planning
Subject: LVPC Public Hearing 3/20/23‐Agenda Item 6. GPA‐LV‐4‐22‐8
Laveen Village Planning Committee,
I am not sure if I am bound by the same conflict of interest as my husband, however I would like to make my
contribution to this conversation if I am allowed.
When my husband and I were looking for houses to move to I was skeptical about moving to the west valley as I am
more familiar with the east valley communities. However I still remember the first time we drove over the pass on the
202 freeway and we drove into Laveen. We both looked at eachother and immediately knew that this was the right
place for us to settle down and start our family. We fell in love with the majestic views and the suburban life.
First, I would like to recognize that we truly appreciate IDM acknowledging that their five story warehouse was not
appropriate next to our community. I also recognize that there is probably some financial loss by making this change,
but it does respect the fact that virtually nowhere else is there industrial next to single family residential. What I would
like to address is my concern for respecting the dignity and the concerns of my neighbors as well as my future neighbors
in the Tierra Montana community that have no knowledge of this project as their community is still being developed.
We fell in love with these majestic mountains and I am confident that the future homeowners at Tierra Montana fell in
love with the same views that southern Laveen currently offers.
We are not asking to eliminate multi‐family communities, we simply want them to reflect Laveen and we chose Laveen
due to the small town feel and views. Reducing the height of these buildings to two stories aligns it with the rest of
Laveen and maintains the view of the Estrella's. I would ask that you consider a stipulation that the multi‐family complex
not exceed two stories.
Please respect the requests of your fellow Laveeners.
‐‐
Sincerely,
Thomas Nasser‐Taylor
Page 761
Nayeli Sanchez Luna
Subject: FW: 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
From: Danielle Younkin
Sent: Sunday, March 19, 2023 4:15 PM
To: PDD Long Range Planning
Subject: 6 (GPA‐LV‐4‐22‐8) & 7 (Z‐72‐22‐8)
To Whom It May Concern,
I am writing to inform you that I oppose both proposals.
First, the 40ft tall 3 story multi family development, which far exceeds the density of the area and will eliminate my
mountain views. I propose the solution be to reduce the 3 stories to two‐story, aligning it with the other multifamily
projects in the surrounding areas and maintaining the Ellison Trails view.
Secondly, a 45 foot tall digital billboard that operates from 6 AM to midnight, I oppose. The solution should be to
reduce the height to 30 feet and restrict the hours from 6 AM to 10 PM and require illumination reduction after sunset.
We already live close to the highway we don’t need a reminder.
Hundreds of families relocated themselves to the Laveen areas because of a close proximity to the mountains and to
the quiet neighborhoods outside of Phoenix. By adding the 3 story apartment complex you prohibit the views for
families‐ which again is the primary reason we bought out here. And some of us paid for our premium lot‐ I bought into
this area because of the views and you are taking that away from us.
Concerned citizen,
Danielle N Younkin
5617 W Rainwater Dr
Laveen, AZ 85339
‐‐
Danielle N Goguen
11609 W Lincoln St
Avondale, AZ 85323
(210)286-8031
goguenda@gmail.com
Page 762
Nayeli Sanchez Luna
Subject: FW: SE corner of 202 and Elliot
From: Liz Hosmer
Sent: Sunday, March 19, 2023 10:19 AM
To: PDD Long Range Planning
Subject: SE corner of 202 and Elliot
To Whom It May Concern,
I am writing you to let you know I STRONGLY oppose the plan to develop the SE corner of 202 and Elliot with 3 story
apartment buildings. I am absolutely appalled that the Village would even be entertaining anything that would take away
our beautiful views of the Estrella mountains.
We moved here in 2021 and specifically picked Laveen because apartments we not a thing in Laveen. We also chose our
specific lot because of the views of both South Mountain and the Estrellas. We were told NOTHING but houses would be
built around us. It leaves a very bad taste in our mouths to know the Village is choosing a deep pocketed developer over
their fellow Laveeners! I would like to suggest that if you are going to allow Corporate Greed into our community, at the
very least, limit the height on the apartments to no more than 2 stories. This would at least fall in line with the two story
homes in the adjacent neighborhoods. Please understand, these new neighborhoods bring a much needed middle class
and upper middle class to Laveen. By upsetting the residents in these brand new neighborhoods could have a negative
economic impact to the community. I know it will change how much I donate to this community and where I choose to
spend my money going forward if the proposed plan is approved without requested changes.
I find it very concerning there are members of the village that have vested interests in some of the proposals within this
development as money is being dedicated to the parks and schools. Any member that has a conflict should immediately
recuse themself from this project. By not doing so, this could put the Village in a very precarious situation and compromise
the integrity of the Village.
Lastly, The billboards are beyond ridiculous. You have all these beautiful new homes that sold/sell for 500K-1M and you
want to cheapen the neighborhood with an electronic light show everyday and night? Ahwatukee fought this and has not
one single billboard! Why is Laveen choosing to give way to these unsightly atrocities? I am seriously questioning the
sincerity of the Village to protect Laveen and do what's in the best interest of this community.
I beg you to please stop this nonsense immediately while we still can!!!! The eyes of Laveen are watching the Village
memebrs hard and counting on you to stand up for all of us! DO WHATS RIGHT!!!!!
Regards,
Elizabeth Hosmer
Page 763
Nayeli Sanchez Luna
Subject: FW: 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
-----Original Message-----
From: Joshua Younkin
Sent: Sunday, March 19, 2023 4:19 PM
To: PDD Long Range Planning
Subject: 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
To Whom It May Concern,
I am writing to inform you that I oppose both proposals.
First, the 40ft tall 3 story multi family development, which far exceeds the density of the area and will
eliminate my mountain views. I propose the solution be to reduce the 3 stories to two-story, aligning it with
the other multifamily projects in the surrounding areas and maintaining the Ellison Trails view.
Secondly, a 45 foot tall digital billboard that operates from 6 AM to midnight, I oppose. The solution
should be to reduce the height to 30 feet and restrict the hours from 6 AM to 10 PM and require
illumination reduction after sunset. My family and I can hear the highway and see it. We don’t need a
billboard to remind us further.
Hundreds of families relocated themselves to the Laveen areas because of a close proximity to the
mountains and to the quiet neighborhoods outside of Phoenix. By adding the 3 story apartment complex
you prohibit the views for families- the Mountain View’s is what attracted me to this area. It was a great
selling point. And this development design stands to take that away from us. This area was originally
designed for single and 2 story homes which goes in-line with the density in the area.
Regards,
Joshua Younkin
Page 764
Nayeli Sanchez Luna
Subject: FW: Ref. GPA-LV-4-22-8
From: L T Kidd
Sent: Sunday, March 19, 2023 7:30 PM
To: PDD Laveen VPC
Subject: Ref. GPA‐LV‐4‐22‐8
Item #6 GPA‐LV‐4‐22‐8
LVPC ‐
My partner and I have been very concerned about the recent pop‐up of highrise development that are coming into
Laveen. We live in a new development along Dobbins that we just moved in to and within days after our move, a three
story apartment complex started being built right next to our house.We would still have a view of the mountain if it was
only a two story complex. Due to our rapidly decreasing view I have decided that it is time to become a more vocal
member of Laveen and stand up for the community.
This evening we decided to take our drone to Ellison Trails to get an accurate representation of what will be lost if this
development is built. My partner went into the field and walked 180 feet from the Tierra Montana wall and flew our
drone as high as it would go and remain stable. I captured this picture when it was just under 25 feet. We added the line
across the picture for reference of what this height alone will do to the viewpoints of these communities. These two
neighborhoods will bear the brunt of this change but all of these new developments and the existing homes will also see
this atrocity instead of the mountains.
Page 765
Please do not let them build large apartment complexes !
Page 766
Nayeli Sanchez Luna
Subject: FW: Ref. GPA-LV-4-22-8
From: L T Kidd
Sent: Sunday, March 19, 2023 1:00 PM
To: PDD Long Range Planning
Subject: Ref. GPA‐LV‐4‐22‐8
To whom it may concern,
We are begging you to please do NOT approve a four story complex at Elliott and the 202 in Laveen.
We love the country feel of Laveen and the Mountain View’s that is why we moved here.
If we Wanted large apartment buildings we could have moved to Tempe, Goodyear, Chandler, Awatukee so many other
places in this growing valley.
Please limit the heights to only two stories.
There are many other places they can build taller multi family buildings, Please don’t block out country feel and our
Mountain View’s.
Thank you
L T Kidd
Page 767
Nayeli Sanchez Luna
Subject: FW: 6. GPA-LV-4-22-8
From: StormTrance
Sent: Sunday, March 19, 2023 4:17 PM
To: PDD Long Range Planning
Subject: 6. GPA‐LV‐4‐22‐8
Good evening,
I have just learned that the new Tierra Montana community that I was planning to purchase a home in is now subject to a 3‐story
apartment complex right behind our future home. I moved my family here from another state that had no scenic views and was just
flatlands. We moved here for these gorgeous mountain views and we have just learned that the community we planned to move into is
going to lose the views to this complex. If this is approved, then our family will have to consider backing out of our home and move to
another location and possibly out of Laveen entirely. I oppose the height of this complex and ask that you consider limiting the height to
that of the surrounding area.
Thank you,
Todd McIntyre
Page 768
Page 769
Page 770
Page 771
Page 772
Page 773
Page 774
Page 775
ATTACHMENT C
Village Planning Committee Meeting Summary
Z-72-22-8
INFORMATION ONLY
Date of VPC Meeting January 9, 2023
Request From S-1 (Approved R1-6 PCD), and S-1 (Approved R-2 PCD)
Request To PUD
Proposed Use Industrial, Commerce Park, and Multifamily Residential
Location Southeast corner of 59th Avenue and Elliot Road
VPC DISCUSSION:
Item No. 8 (Z-75-22-8), Item No. 9 (GPA-LV-4-22-8), Item No. 10 (Z-72-22-8), Item No.
11 (GPA-LV-5-22-7), and Item No. 12 (Z-73-22-7) were heard together.
Four members of the public registered to speak on these item. Two of the members
donated their time.
APPLICANT PRESENTATION:
Jason Morris, representing the applicant with Withey Morris PLC, introduced himself
and the three proposed projects by IDM. Mr. Morris stated that he will provide a
combined presentation for agenda items 8 though 12. Mr. Morris provided an overview
of IDM, describing the Columbia Tech Center, which is owned by IDM. Mr. Morris then
introduced Item No. 8 (Z-75-22-8), by the name of Curato, describing the site location,
changes made to the site plan and elevations, and the proposed site plan plus
elevations. Mr. Morris stated that 171 dwelling units are now proposed, with the primary
access along Elliot Road. Mr. Morris described the proposed building elevations,
renderings, site amenities, and housing plus retail trends in the area. Mr. Morris
concluded by listing various project benefits. Mr. Morris then introduced Item Nos. 9
(GPA-LV-4-22-8) and 10 (Z-72-22-8), by the name of Acero Laveen, describing the site
location, development units, site plans, renderings, landscape concepts, common
tenants in commerce parks, proposed buffering, traffic circulation, and referenced other
developments. Mr. Morris described site amenities proposed in Development Unit 2,
housing trends, and off-premise signage. Mr. Morris concluded by listing various project
benefits. Mr. Morris then introduced Item Nos. 11 (GPA-LV-5-22-7) and 12 (Z-73-22-7),
by the name of Envision Dobbins 202 West, describing the site location and how this
development furthers the Loop 202 technology corridor. Mr. Morris described the site
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 776
plan, project phases, renderings, common tenants in commerce parks, and provided an
example of a common distribution facility. Mr. Morris stated that there are performance
criteria for distribution facilities embedded in the proposed PUD Narrative. Mr. Morris
described the project benefits and concluded by summarizing the outreach conducted
on these cases.
QUESTIONS FROM COMMITTEE:
None.
PUBLIC COMMENTS:
Dan Penton stated that on case Z-75-22-8, staff was not in favor of the initial
multifamily zoning proposed there. Mr. Penton discussed multifamily projects in the area
and has concerns with the buildings proposed on case Z-72-22-8 due to the height,
scale, and lack of commercial uses. Mr. Penton stated that the frontage along 59th
Avenue that is proposed looks bad due to the building locations. Mr. Penton discussed
a bicycle way and improving connectivity on the site. Mr. Penton has concerns with the
proposed
Phil Hertel registered to speak on these items but was disconnected during public
comment portion.
APPLICANT RESPONSE:
None.
COMMITTEE DISCUSSION:
Carlos Ortega stated that too many projects are being presented at one time by the
applicant and feels overwhelmed. Mr. Ortega would like for applicants to present their
projects individually instead.
Rebecca Perrera would like to see refinement in the building elevations and became
confused by the numerous projects discussed at one time.
Chair Abegg would like to see more details on each case and is not supportive of
distribution facilities as primary uses permitted in sites. Chair Abegg would like to see a
stipulation reserving a grocery store location in the area.
Mr. Morris responded that he would gladly present these cases separately in the future.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 777
Village Planning Committee Meeting Summary
Z-72-22-8
INFORMATION ONLY
Date of VPC Meeting February 13, 2023
Request From S-1 (Approved R1-6 PCD), and S-1 (Approved R-2 PCD)
Request To PUD
Proposed Use Industrial, Commerce Park, and Multifamily Residential
Location Southeast corner of 59th Avenue and Elliot Road
VPC DISCUSSION:
Item No. 9 (GPA-LV-4-22-8) and Item No. 10 (Z-72-22-8) were heard together.
Ten members of the public registered to speak on these items. Six of the members
donated their time.
APPLICANT PRESENTATION:
Ben Tate, representing the applicant with Withey Morris PLC., introduced himself and
the proposed project. Mr. Tate described the location of the site and discussed the
initial proposal which was divided into two phases. Mr. Tate stated that the current
version of the project has three phases, with the addition of a “casita” or multifamily
phase along the northeastern portion of the site. Mr. Tate added that other changes
include a significant area reduction in Phase 1 which is a mix of commercial and
commerce park uses due to concerns from the neighbors on the scale of the flex
buildings proposed. Mr. Tate discussed the site plans and conceptual elevations
proposed for each phase. Mr. Tate discussed the amenities that will be provided in
each of the units and common areas throughout the residential sites. Mr. Tate
discussed IDM Cares, which is a non-profit arm of IDM, and the two proposed off-
premise signs. Mr. Tate provided a summary of the public outreach conducted and
project benefits.
QUESTIONS FROM COMMITTEE:
Dean Chiarelli asked for clarification on the street improvements along Dobbins
Road. Mr. Chiarelli described the conditions on Dobbins Road and added that he has
lived in the area and expects more homes to be built along there.
200 West Washington Street, 3 rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 778
Carlos Ortega has questions about the donation from the billboards towards public
parks in the area and wants to ensure accountability with those funds. Mr. Tate
responded by discussing the height of the proposed multifamily units and adding that a
total of 579 dwelling units are proposed across the PUD. Mr. Tate added that a
maximum height of 48 feet is proposed for the billboards, which is allowed by the
Zoning Ordinance. Mr. Tate stated that a separate account would be created for the
funds going towards parks.
Chair Abegg asked if the units in the casita product will also have private backyards.
Mr. Tate responded that private backyards will be provided for each unit and that
street improvements will be made on adjacent streets, including a traffic signal at the
adjacent intersection.
Chair Abegg appreciates the dressing of the poles for the billboard signs and
discussed street improvements plus other development in the general area.
PUBLIC COMMENTS:
Patrick Nasser appreciates the changes made to the layout of the commerce park
portion of the site, but now sees an issue with the impact from this commerce park
area to the proposed casita development next to it. Mr. Nasser asked for the removal
of the commerce park area from the site and wants to know the specific height of
three-story apartments proposed. Mr. Nasser would like clarification on the number of
dwelling units proposed across the entire PUD. Mr. Nasser stated that the density of
18.2 dwelling units per acre is much higher than other multifamily projects in the area
which have a density closer to 12 dwelling units per acre. Mr. Nasser stated the
reducing the height of the multifamily from three to two stories would by default reduce
the density and parking requirements, allowing for more open space. Mr. Nasser
would also like to know the height of the proposed billboard signs.
Gwen Kowalski appreciates the changes made to the project as she lives east of this
development. Ms. Kowalski would like for the warehouse buildings to be re-oriented as
to not block views of the mountains for her, and to help reduce the height further plus
reduce semi-truck traffic in the area. Ms. Kowalski is excited about the new
development but has concerns about the uses proposed.
Kevin Joyner echoes the comments made and added that the community has
concerns with the three stories and density proposed for the multifamily portion of the
site. Mr. Joyner added that the billboards proposed are also of concern.
Dan Penton discussed the proposed billboard locations along the Loop 202 freeway,
noting that there are lots of these already. Mr. Penton is largely opposed to billboards,
although the ones proposed here look better than the others that exist already and
have a community benefits. Mr. Penton stated that these billboards would set a new
minimum standard moving forward and would like for the angle on the displays to be
modified to avoid impacts to the adjacent community. Mr. Penton stated the brightness
of the billboard signs should be reduced and turned off after 10pm. Mr. Penton stated
that the orientation of the two larger commerce park buildings would help block noise
from the freeway to the adjacent casita development unit. Mr. Penton stated that this
latest proposal is a compromise.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 779
APPLICANT RESPONSE:
Mr. Tate thanked the committee for the feedback provided.
COMMITTEE DISCUSSION:
None.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 780
Village Planning Committee Meeting Summary
Z-72-22-8
Date of VPC Meeting March 20, 2023
Request From S-1 (Approved R1-6 PCD), and S-1 (Approved R-2 PCD)
Request To PUD
Proposed Use Commercial, Commerce Park, and Multifamily
Residential
Location Southeast corner of 59th Avenue and Elliot Road
VPC Recommendation Approval, per the staff recommendation with additional
stipulations
VPC Vote: 8-0
VPC DISCUSSION:
Item No. 6 (GPA-LV-4-22-8) and Item No. 7 (Z-72-22-8) were heard together.
Thirty members of the public registered to speak on these items. Thirteen of the
members donated their time.
Staff Presentation:
Nayeli Sanchez Luna, staff, presented an overview of GPA-LV-4-22-8 and Z-72-22-8.
Mrs. Sanchez Luna discussed the location of the site, the requested zoning
designation, the surrounding land uses, and the proposed General Plan Land Use
Map designation. Mrs. Sanchez Luna summarized policy plans in the area and noted
that the proposed development integrated design elements that supported the plans.
Mrs. Sanchez Luna concluded the presentation by summarizing the staff findings,
summarizing public correspondence, providing the staff recommendation and
proposed stipulations.
Applicant Presentation:
Jason Morris, representing the applicant with Withey Morris, provided an overview of
the proposed cases. He summarized previous requests that included large commerce
park and industrial uses and noted the changes to the current proposal. Mr. Morris
displayed Development Unit 1, explaining changes that have been made to address
community concerns, and summarizing the commercial and commerce park uses
allowed on site. Mr. Morris displayed Development Unit 3 (just east of Development
Unit 1) and summarized the multifamily project noting the setbacks, open space, and
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 781
Laveen Village Planning Committee
Meeting Summary
Z-72-22-8
March 20, 2023
Page 2
building renderings. Mr. Morris displayed Development Unit 2 and summarized the
multifamily project noting the proposed height, amenities, density, and floor plans. Mr.
Morris demonstrated the conceptual view corridor and noted the reduction in proposed
height.
Mr. Morris provided information about IDM Cares, a charitable arm of the IDM
company (the developer). He explained that as part of the PUD they are proposing two
billboards which will be administered by IDM and IDM Cares. Fifty percent of the net
revenue from the billboards will be donated to IDM Cares to be utilized within the
Laveen community. He explained that the billboard provisions including a height
limitation of 48 feet, the locations, and hours limitation. Mr. Morris proposed a
stipulation to limit the PUD to two billboards with a maximum height of 48 feet.
He also proposed a stipulation related to the 50 percent donation and provided
specific language on the slide.
Mr. Morris concluded his presentation by providing an outreach summary and
displayed a slide outlining the project benefits.
Questions from the committee:
None.
Public Comment:
Phil Hertel stated that he was opposed to the proposed density and that the open
space requirements should be increased to fifteen percent. Mr. Hertel asked for more
information regarding school funding. Mr. Hertel requested that the case be continued
to the next committee meeting.
Mrs. Sanchez Luna stated that Breanna Wandrych, who registered to speak, was not
present in the attendee list. Mrs. Sanchez Luna and Chair Lina Abegg confirmed
that Breanna Wandrych was not on the attendee list.
Mark Williams requested that the proposed multifamily have a maximum of two
stories along the easter portion of the site. Mr. Williams stated that the proposed
height did not include the pitch of the roofs and requested a maximum height that
would not restrict views. Mr. Williams stated that he supported medical uses but was
opposed to the proposed density and height. Mr. Williams concluded his comment by
stating that the conceptual views presented were deceitful.
Mrs. Sanchez Luna stated that Ana Alvarado, who registered to speak, was not
present in the attendee list. Chair Abegg requested to continue to the next public
comment.
Shaina Bontrager stated that she was opposed to the proposed density and the
three-story height. Ms. Bontrager added that she agreed with Mark Williams’ comment
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regarding the conceptual view.
Carmen Terrell stated that she was opposed to the entire PUD and would rather see
agricultural uses like a community garden. Ms. Terrell added that the surrounding
properties were not taken into consideration. Ms. Terrell noted that a portion of the
housing should be low-income. Ms. Terrell concluded her comment by reiterating that
she was opposed to the entire PUD and request the dates for the next hearings.
Danielle Younkin stated that she supported Mark Williams comment regarding the
single-story multifamily proposal, density, and height restrictions. Ms. Younkin added
that the conceptual views presented were deceitful. Ms. Younkin requested that the
off-premise signage have a maximum height of 30 feet. Ms. Younkin concluded her
comment by stating that the applicant could not guarantee certain commercial uses on
Development Unit 1.
Cassandra Gannis stated that the applicant has ignored the opposition for off-
premise signage. Ms. Gannis stated that she was opposed to the proposed three-story
multifamily housing and requested more commercial uses.
David Barrera stated that he was opposed to the proposed density. Mr. Barrera
stated that an increase in population would lead to more crime. Mr. Barrera requested
the multifamily development to prohibit low-income rental units or senior living
facilities.
Gwen Kowalski requested that the proposed multifamily development be reduced to
two-stories. Ms. Kowalski noted that the proposed height would eliminate scenic
views. Ms. Kowalski agreed with height restricts to protect scenic views. Ms. Kowalski
supported the revenue for the off-premise signs; however, requested a maximum
height of 30 feet and shut off time of 10:00 p.m. Ms. Kowalski requested that members
that have a conflict of interest and that were on a school board, to remove themselves
from the case.
Josh Younkin stated that the conceptual views were disingenuous. Mr. Younkin
stated that the conceptual view did not provide a ground level perspective. Mr.
Younkin stated that he was opposed to the proposal.
Sean Goughan stated that he was opposed to the proposed density and height. Mr.
Goughan requested the case to be continued. Mr. Goughan added that he was
opposed to low-income housing.
Katalin Rivera stated that the proposed changes have been insufficient. Ms. Rivera
reiterated that the conceptual view was deceitful and that scenic views will be
obstructed. Ms. Rivera requested the case to be continued so that the applicant could
address the community’s concerns.
Mrs. Sanchez Luna stated that Andrew Norlen, who registered to speak, was not
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March 20, 2023
Page 4
present in the attendee list.
Mrs. Sanchez Luna stated that Felicia Chavez, who registered to speak, was not
present in the attendee list.
Maria Reagin stated that she was opposed to the PUD. Ms. Reagin requested the off-
premise signs to have a maximum height of 30 feet. Ms. Reagin requested stipulations
to be added that would limit the type of commercial businesses allowed in
Development Unit 1. Ms. Reagin added that she agreed with Phil Hertel’s comments
and Mark Williams’ comments.
Dan Penton stated that he supported the proposed PUD but still had some concerns.
Mr. Penton requested three-story buildings to be located centrally. Mr. Penton noted
that the surrounding population needed safer pedestrian pathways and areas. Mr.
Penton added that he had concerns with traffic and requested limited commercial
traffic. Mr. Penton requested cross sections to be modified to support a safe
pedestrian atmosphere. Mr. Penton added that development was inevitable. Mr.
Penton stated that he supported one off-premise sign and the proposed height. Mr.
Penton requested the hours of operation to be reduced. Mr. Penton concluded his
comment by requesting the applicant to address the community concerns.
Carlos Ortega asked if the twelve members who donated their time to Dan Penton
agreed with his perspective. Chair Abegg stated that members donated their time
because they support Dan Penton’s perspective. Mr. Penton stated that he
incorporates the community’s opinion into his public comment.
Dean Chiarelli requested the applicant to clarify if the proposed height exceeded the
current zoning designation. Mr. Chiarelli asked if the proposed off-premise signage
height of 45 feet exceeded the allowed height in the Zoning Ordinance.
Applicant Response:
Mr. Morris stated that the proposed height would be allowed in the current R-2 zoning
designation. Mr. Morris stated that off-premise signage became and allowed use when
the freeway corridor was established by the City Council. Mr. Morris added that there
were no other off-premise signs in the area. He stated that the proposed development
includes an additional 87 units than that allowed in the underlying zoning designation.
Mr. Morris added that if the proposal had a maximum height of two-stories, then that
would increase the density of the PUD. Mr. Morris stated that one- and two-story
buildings will be located adjacent to existing single-family residential uses. Mr. Morris
noted that the conceptual views were taken from a height of 25 to 35 feet to
demonstrate visibility above perimeter walls and houses.
Mr. Morris reiterated that the City Council has allowed the use of off-premise signage
in the freeway corridor and noted that the revenue would benefit Laveen. Mr. Morris
again mentioned the proposed stipulation to limit the PUD to two billboards with
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March 20, 2023
Page 5
a maximum height of 48 feet and other standards they have agreed to related to
billboard regulations in the Zoning Ordinance. Mr. Morris added that the proposed
PUD has addressed community concerns and that the proposed uses were
compatible with the freeway corridor. Mr. Morris noted that the development would
also provide significant street improvements.
Committee Discussion:
Rebecca Perrera stated that she wanted to address some comments she heard
regarding conflict of interest and school board members. Ms. Perrera stated that a
non-salary board member does not constitute a conflict of interest.
Vice Chair Stephanie Hurd requested members of the public to share their support or
opposition before the meeting.
Motion:
Vice Chair Stephanie Hurd motioned to recommend approval of Z-72-22-8 as
presented (per the staff recommendation and additions proposed by the applicant)
along with the following additions:
Fifty percent donation being broken down into minimum 25 percent of revenue to
rental assistance and minimum 15 percent to Olney Park as part of the total 50
percent.
The following shall be provided for public street facing elevations:
o 25% Min. Gglazing and metal railing
o 10% Min. Bbrick veneer
o 15% Min. Hhardie plank
o 50% Max. Sstucco
Apartment elevations shall feature large balconies and deep overhangs to visually
create layered volumes and break up the mass of each building type.
Balconies are encouraged to orient toward the streets, where possible.
A minimum of three (3) apartment types are provided.
A stipulation to update the billboard provisions to include branded screening on the
backside of the billboard.
Jennifer Rouse seconded the motion.
Ms. Perrera thanked the community and the applicant for their input and stated that
the proposal has changed since it was last presented to the community. Vice Chair
Hurd stated that the applicant has had a lot of progress in their proposal and that it
would benefit Laveen.
Vote:
8-0-0, Motion passed with Committee Members Barraza, Chiarelli, Jensen, Ortega,
Perrera, Rouse, Hurd, and Abegg in favor.
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Page 6
Recommended Stipulations:
1. An updated Development Narrative for the Elliot 202 PUD reflecting the
changes approved through this request shall be submitted to the Planning
Department within 30 days of City Council approval of this request. The
updated Development Narrative shall be consistent with Development Narrative
date stamped March 9, 2023, as modified by the following stipulations.
a. Front Cover, add “City Council adopted: [Insert Adoption date]”
b. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Remove “Publicly operated buildings or properties” from this list.
c. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses:
Add “Multifamily residential.”
d. Page 7, Section C. List of Uses, Development Unit 1, Performance
Criteria for Distribution Uses, modify this section as follows:
No distribution and large-scale wholesale facilities are permitted as a
primary use for a time period of 4 years from the date of rezoning
approval.
* For the purposes of this PUD, “large-scale wholesale” is defined
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.
e. Page 9, Development Standards – Development Unit 1, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations. 2% of Required Parking. A minimum of 20 electric vehicle
charging spaces shall be required for the overall development (DUs 1, 2,
and 3).
f. Page 9, Development Standards – Development Unit 1, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
g. Page 13, Development Standards – Development Unit 2, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area
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March 20, 2023
Page 7
h. Page 13, Development and Landscape Standards for Development Unit
2: Add the header “Development Standards – Development Unit 2”
before development standards table.
i. Page 13, Development Standards – Development Unit 2, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
j. Page 14, Development Standards – Development Unit 2, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).
k. Page 16, Development Standards – Development Unit 3, Maximum
Density, Add the following:
Maximum 700 units for the overall PUD area.
l. Page 16, Development and Landscape Standards for Development Unit
3: Add the header “Development Standards – Development Unit 3”
before the development standards table.
m. Page 17, Development Standards – Development Unit 3, Sidewalk and
Trails, modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be
provided along the west property line within a 20-foot wide Shared Use
Path Easement (SUPE) or sidewalk easement to be dedicated to the
city.
n. Page 17, Development Standards – Development Unit 3, Parking
Standards, add an Electric Vehicle Parking standards section with the
following: Minimum Percentage of installed Level 2 EV Charging
Stations: 2% of Required Parking. Minimum Percentage of EV Capable
spaces: 5%. A minimum of 20 electric vehicle charging spaces shall be
required for the overall development (DUs 1, 2, and 3).
o. Page 16, Development Standards – Development Unit 3, Building
Setbacks, modify the South (Adjacent to Unit 2) to 15 feet.
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Page 8
P. PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3
DESIGN GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN
GUIDELINES FOR APARTMENT AND CARRIAGE UNIT
ELEVATIONS, MODIFY THE PUBLIC STREET ELEVATIONS AS
FOLLOWS:
PUBLIC STREET FACING:
25% MIN. GLAZING AND METAL RAILING
10% MIN. BRICK VENEER
15% MIN. HARDIE PLANK
50% MAX. STUCCO
Q. PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3
DESIGN GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN
GUIDELINES FOR APARTMENT AND CARRIAGE UNIT
ELEVATIONS, MODIFY AS FOLLOWS:
APARTMENT ELEVATIONS SHALL FEATURE LARGE
BALCONIES AND DEEP OVERHANGS TO VISUALLY
CREATE LAYERED VOLUMES AND BREAK UP THE MASS
OF EACH BUILDING TYPE.
BALCONIES ARE ENCOURAGED TO ORIENT TOWARD THE
STREETS, WHERE POSSIBLE.
A MINIMUM OF THREE (3) APARTMENT BUILDING TYPES
ARE PROVIDED.
R. PAGE 25, F. SIGNS, ADD THE FOLLOWING LANGUAGE AFTER
THE FIRST PARAGRAPH:
THERE SHALL BE A MAXIMUM OF TWO DIGITAL
BILLBOARDS EACH AT A MAXIMUM HEIGHT OF 48 FEET.
ANY OFF-PREMISE SIGN SHALL INCLUDE BRANDED
SCREENING ON THE BACKSIDE.
pS. Page 26, Section G. Sustainability, 1. City Enforced Standards, move
the third bullet point related to recycling to the Developer Goal section.
2. Page 27, Circulation Systems: Remove “future development to dedicate and
construct all typical half street right-of way and roadways necessary to serve
the development”.
3. The developer shall dedicate right-of-way and construct the south side of Elliot
Road from 55th Avenue to the 202 Freeway, as required by the Tierra Montana
Master Street Plan and as approved by the Planning and Development
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Page 9
Department.
4. The developer shall dedicate right-of-way and fully construct 59th Avenue, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
5. The developer shall dedicate right-of-way and fully construct Carver Road, as
required by the Tierra Montana Master Street Plan and as approved by the
Planning and Development Department.
6. The developer shall submit a Traffic Impact Study including a signal warrant
analysis for this development at the intersection of 59th Avenue and Elliot
Road. No preliminary approval of plans shall be granted until the study has
been reviewed and approved by the city. The developer shall be responsible for
cost and construction of traffic signal or If traffic signal is not warranted upon
opening, the developer will be required to provide 50% contribution toward the
traffic signal in an escrow account to the Street Transportation Department, as
required by the approved traffic impact study.
7. The developer shall submit a sight distance analysis for all driveways located
along 59th Avenue. Sight distance must comply with the Street AASHTO
requirements and Transportation Departments Planning and Design Manual
and as approved by the Street Transportation Department.
8. Existing irrigation facilities along public streets are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land
rights and establish the appropriate process to relocate the facility.
9. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
10. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along
Carver Road and a minimum 10-foot-wide multi-use trail (MUT) shall be
constructed within the easement in accordance with the MAG supplemental
detail and as approved by the Planning and Development Department.
11. A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the
east side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP)
shall be constructed within the easement in accordance with the MAG
supplement detail and as approved by the Planning and Development
Department.
12. The property owner shall record documents that disclose the existence, and
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March 20, 2023
Page 10
operational characteristics of Goodyear Airport to future owners or tenants of
the property. The form and content of such documents shall be according to the
templates and instructions provided which have been reviewed and approved
by the City Attorney.
13. In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archeologist, and allow time for the
Archeology Office to properly assess the materials
14. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder’s Office and delivered to the City to be included in
the rezoning application file for record.
15. PRIOR TO OBTAINING A PERMIT FOR AN OFF-PREMISE SIGN
(BILLBOARD), THE APPLICANT MUST EXECUTE AN AGREEMENT WITH
THE CITY OF PHOENIX, OUTLINING THE UTILIZATION OF 50% OF THE
NET PROFITS FROM THE PROPOSED BILLBOARDS WITH SPECIFIC
REGARD TO THE FOLLOWING:
SUBSIDIZATION OF RENT FOR LAVEEN RESIDENTS VIA IDM
CARES;
LAVEEN ELEMENTARY SCHOOL DISTRICT;
CITY OF PHOENIX PARKS OPERATIONS FOR OLNEY PARK NEAR
THE INTERSECTION OF 59TH AND OLNEY AVENUES, AS
MODIFIED AND APPROVED BY THE PARKS AND RECREATION
DEPARTMENT.
THE 50% DONATION SHALL BE BROKEN DOWN INTO MINIMUM 25% OF
REVENUE TO RENTAL ASSISTANCE AND MINIMUM 15% TO OLNEY
PARK AS PART OF THE TOTAL 50%.
THE AGREEMENT SHALL REMAIN IN FORCE AS LONG AS THE
BILLBOARDS ARE OPERATIONAL OR UNTIL A CONTRIBUTION AMOUNT
OF TWO MILLION DOLLARS HAS BEEN DONATED.
Staff comments regarding VPC Recommendation:
Staff recommends clarifying the language for Stipulation No. 1.r. regarding the
branded screening for billboards.
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 790
ATTACHMENT D
REPORT OF PLANNING COMMISSION ACTION
April 13, 2023
ITEM NO: 5
DISTRICT NO.: 8
SUBJECT:
Application #: Z-72-22-8 (Elliot 202 PUD) (Companion Case GPA-LV-4-22-8)
Location: Southeast corner of 59th Avenue and Elliot Road
From: S-1 (Approved R1-6 PCD) and S-1 (Approved R-2 PCD)
To: PUD
Acreage: 65.85
Proposal: Planned Unit Development to allow commercial, commerce park, and
multifamily residential.
Applicant: IDM Companies
Owner: Clyde David and Marsha Lou Smith, The Smith Trust dated May 30, 2003
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation:
Laveen 1/9/2023 Information only.
Laveen 2/13/2023 Information only.
Laveen 3/20/2023 Approval, per the staff recommendation with additional stipulations.
Vote: 8-0.
Planning Commission Recommendation: Approval, per the Laveen Planning Committee
recommendation with an additional stipulation.
Motion Discussion: N/A
Motion details: Commissioner Busching made a MOTION to approve Z-72-22-8, per the Laveen
Village Planning committee recommendation with an additional stipulation that prior to
occupancy, the developer must provide a qualified engineer’s report certifying the average
annual interior noise exposure for any residential unit or enclosed public assembly area will not
exceed 45 decibels.
Maker: Busching
Second: Mangum
Vote: 5-0
Absent: Gaynor, Gorraiz, Jaramillo, and Simon
Opposition Present: Yes
Findings:
1. The proposed development is compatible with the existing land use pattern in the area
and is consistent with the proposed General Plan Land Use Map designation of Mixed
Use (Commercial/ Commerce/Business Park) and Residential 15+ dwelling units per
acre.
Page 791
2. The proposed development contains enhanced standards that will result in a more
walkable, shaded and pedestrian-friendly environment. The development will provide
increased shade which will help to reduce the urban heat island effect.
3. The proposal will provide additional employment options, commercial services, and
housing opportunities within the Loop 202 Freeway corridor.
Stipulations:
1. An updated Development Narrative for the Elliot 202 PUD reflecting the changes
approved through this request shall be submitted to the Planning Department within 30
days of City Council approval of this request. The updated Development Narrative shall
be consistent with Development Narrative date stamped March 9, 2023, as modified by
the following stipulations.
a. Front Cover, add “City Council adopted: [Insert Adoption date]”
b. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses: Remove
“Publicly operated buildings or properties” from this list.
c. Page 7, Section C. List of Uses, Development Unit 1, Prohibited Uses: Add
“Multifamily residential.”
d. Page 7, Section C. List of Uses, Development Unit 1, Performance Criteria for
Distribution Uses, modify this section as follows:
No distribution and large-scale wholesale facilities are permitted as a primary
use for a time period of 4 years from the date of rezoning approval.
* For the purposes of this PUD, “large-scale wholesale” is defined
as wholesale as a primary use for an individual user occupying
more than 50% of any individual building.
e. Page 9, Development Standards – Development Unit 1, Parking Standards, add
an Electric Vehicle Parking standards section with the following: Minimum
Percentage of installed Level 2 EV Charging Stations. 2% of Required Parking.
A minimum of 20 electric vehicle charging spaces shall be required for the
overall development (DUs 1, 2, and 3).
f. Page 9, Development Standards – Development Unit 1, Sidewalk and Trails,
modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided
along the west property line within a 20-foot wide Shared Use Path Easement
(SUPE) or sidewalk easement to be dedicated to the city.
g. Page 13, Development Standards – Development Unit 2, Maximum Density,
Add the following:
Maximum 700 units for the overall PUD area
h. Page 13, Development and Landscape Standards for Development Unit 2: Add
the header “Development Standards – Development Unit 2” before development
standards table.
Page 792
i. Page 13, Development Standards – Development Unit 2, Sidewalk and Trails,
modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided
along the west property line within a 20-foot wide Shared Use Path Easement
(SUPE) or sidewalk easement to be dedicated to the city.
j. Page 14, Development Standards – Development Unit 2, Parking Standards,
add an Electric Vehicle Parking standards section with the following: Minimum
Percentage of installed Level 2 EV Charging Stations: 2% of Required Parking.
Minimum Percentage of EV Capable spaces: 5%. A minimum of 20 electric
vehicle charging spaces shall be required for the overall development (DUs 1, 2,
and 3).
k. Page 16, Development Standards – Development Unit 3, Maximum Density,
Add the following:
Maximum 700 units for the overall PUD area.
l. Page 16, Development and Landscape Standards for Development Unit 3: Add
the header “Development Standards – Development Unit 3” before the
development standards table.
m. Page 17, Development Standards – Development Unit 3, Sidewalk and Trails,
modify the SUP standards as follows:
A 10-foot wide detached concrete Shared Use Path (SUP) shall be provided
along the west property line within a 20-foot wide Shared Use Path Easement
(SUPE) or sidewalk easement to be dedicated to the city.
n. Page 17, Development Standards – Development Unit 3, Parking Standards,
add an Electric Vehicle Parking standards section with the following: Minimum
Percentage of installed Level 2 EV Charging Stations: 2% of Required Parking.
Minimum Percentage of EV Capable spaces: 5%. A minimum of 20 electric
vehicle charging spaces shall be required for the overall development (DUs 1, 2,
and 3).
o. Page 16, Development Standards – Development Unit 3, Building Setbacks,
modify the South (Adjacent to Unit 2) to 15 feet.
P. PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3 DESIGN
GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN GUIDELINES FOR
APARTMENT AND CARRIAGE UNIT ELEVATIONS, MODIFY THE PUBLIC
STREET ELEVATIONS AS FOLLOWS:
PUBLIC STREET FACING:
25% MIN. GLAZING AND METAL RAILING
10% MIN. BRICK VENEER
15% MIN. HARDIE PLANK
50% MAX. STUCCO
Page 793
Q. PAGE 24, DEVELOPMENT UNIT 2 AND DEVELOPMENT UNIT 3 DESIGN
GUIDELINES, A. ARCHITECTURAL DESIGN, DESIGN GUIDELINES FOR
APARTMENT AND CARRIAGE UNIT ELEVATIONS, MODIFY AS FOLLOWS:
x APARTMENT ELEVATIONS SHALL FEATURE LARGE BALCONIES
AND DEEP OVERHANGS TO VISUALLY CREATE LAYERED
VOLUMES AND BREAK UP THE MASS OF EACH BUILDING TYPE.
x BALCONIES ARE ENCOURAGED TO ORIENT TOWARD THE
STREETS, WHERE POSSIBLE.
x A MINIMUM OF THREE (3) APARTMENT BUILDING TYPES ARE
PROVIDED.
R. PAGE 25, F. SIGNS, ADD THE FOLLOWING LANGUAGE AFTER THE FIRST
PARAGRAPH:
x THERE SHALL BE A MAXIMUM OF TWO DIGITAL BILLBOARDS
EACH AT A MAXIMUM HEIGHT OF 48 FEET.
x ANY OFF-PREMISE SIGN SHALL INCLUDE BRANDED SCREENING
ON THE BACKSIDE.
pS. Page 26, Section G. Sustainability, 1. City Enforced Standards, move the third
bullet point related to recycling to the Developer Goal section.
2. Page 27, Circulation Systems: Remove “future development to dedicate and construct
all typical half street right-of way and roadways necessary to serve the development”.
3. The developer shall dedicate right-of-way and construct the south side of Elliot Road
from 55th Avenue to the 202 Freeway, as required by the Tierra Montana Master
Street Plan and as approved by the Planning and Development Department.
4. The developer shall dedicate right-of-way and fully construct 59th Avenue, as required
by the Tierra Montana Master Street Plan and as approved by the Planning and
Development Department.
5. The developer shall dedicate right-of-way and fully construct Carver Road, as required
by the Tierra Montana Master Street Plan, and as approved by the Planning and
Development Department.
6. The developer shall submit a Traffic Impact Study including a signal warrant analysis
for this development at the intersection of 59th Avenue and Elliot Road. No preliminary
approval of plans shall be granted until the study has been reviewed and approved by
the city. The developer shall be responsible for cost and construction of traffic signal or
If traffic signal is not warranted upon opening, the developer will be required to provide
50% contribution toward the traffic signal in an escrow account to the Street
Transportation Department, as required by the approved traffic impact study.
7. The developer shall submit a sight distance analysis for all driveways located along
59th Avenue. Sight distance must comply with the Street AASHTO requirements and
Transportation Departments Planning and Design Manual and as approved by the
Street Transportation Department.
Page 794
8. Existing irrigation facilities along public streets are to be undergrounded and relocated
outside of City right-of-way. Contact SRP to identify existing land rights and establish
the appropriate process to relocate the facility.
9. The developer shall construct all streets within and adjacent to the development with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping,
and other incidentals, as per plans approved by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.
10. A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along Carver Road
and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed within the
easement in accordance with the MAG supplemental detail and as approved by the
Planning and Development Department.
11. A 20-foot-wide shared-use path easement (SUPE) shall be dedicated along the east
side of 59th Avenue and a minimum 10-foot-wide shared used path (SUP) shall be
constructed within the easement in accordance with the MAG supplement detail and as
approved by the Planning and Development Department.
12. The property owner shall record documents that disclose the existence, and
operational characteristics of Goodyear Airport to future owners or tenants of the
property. The form and content of such documents shall be according to the templates
and instructions provided which have been reviewed and approved by the City
Attorney.
13. In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archeologist, and allow time for the Archeology
Office to properly assess the materials
14. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder’s Office and delivered to the City to be included in the rezoning application
file for record.
15. PRIOR TO OBTAINING A PERMIT FOR AN OFF-PREMISE SIGN (BILLBOARD),
THE APPLICANT MUST EXECUTE AN AGREEMENT WITH THE CITY OF
PHOENIX, OUTLINING THE UTILIZATION OF 50% OF THE NET PROFITS FROM
THE PROPOSED BILLBOARDS WITH SPECIFIC REGARD TO THE FOLLOWING:
x SUBSIDIZATION OF RENT FOR LAVEEN RESIDENTS VIA IDM CARES;
x LAVEEN ELEMENTARY SCHOOL DISTRICT;
x CITY OF PHOENIX PARKS OPERATIONS FOR OLNEY PARK NEAR THE
INTERSECTION OF 59TH AND OLNEY AVENUES, AS MODIFIED AND
APPROVED BY THE PARKS AND RECREATION DEPARTMENT.
THE 50% DONATION SHALL BE BROKEN DOWN INTO MINIMUM 25% OF
REVENUE TO RENTAL ASSISTANCE AND MINIMUM 15% TO OLNEY PARK AS
PART OF THE TOTAL 50%.
THE AGREEMENT SHALL REMAIN IN FORCE AS LONG AS THE BILLBOARDS
ARE OPERATIONAL OR UNTIL A CONTRIBUTION AMOUNT OF TWO MILLION
DOLLARS HAS BEEN DONATED.
Page 795
16. PRIOR TO OCCUPANCY, THE DEVELOPER MUST PROVIDE A QUALIFIED
ENGINEER’S REPORT CERTIFYING THE AVERAGE ANNUAL INTERIOR NOISE
EXPOSURE FOR ANY RESIDENTIAL UNIT OR ENCLOSED PUBLIC ASSEMBLY
AREA WILL NOT EXCEED 45 DECIBELS.
This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.
Page 796
ATTACHMENT E
Nayeli Sanchez Luna
Subject: FW: Items 6 (GPA-LV-4-22-8) & 7 (Z-72-22-8)
From: Richard Escoto
Sent: Monday, March 20, 2023 3:55 PM
To: PDD Long Range Planning
Subject: Items 6 (GPA‐LV‐4‐22‐8) & 7 (Z‐72‐22‐8)
To whom it may concern ‐ We do not approve of the aforementioned items.
Sincerely,
Richard Escoto
786‐208‐1227
Page 797
Report
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Consideration of Citizen Petition by Mr. Kim Baker
This report provides the City Council with information in response to a citizen petition
submitted by Mr. Kim Baker at the April 5, 2023 Formal City Council meeting regarding
an Open Meeting Law complaint investigation (Attachment A).
Summary
The petition requests the City Council to investigate what happened to the open
meeting law complaint related to Item 95 - Consideration of Citizen Petition Related to
the Phoenix Police Department on Oct. 12, 2022 Formal City Council meeting. This
item was in response to the citizen petition submitted by Mr. Kim Baker at the Sept. 21,
2022 Formal City Council meeting. The Sept. 21, 2022 citizen petition requested the
by the Phoenix Police Department concerning "Complaint Report #20210001646266,
Bias Hate Crime."
Item 95 was heard by the Council at the Oct. 12, 2022 Formal City Council meeting.
During the discussion, staff informed the City Council that Mr. Baker's complaint
against the Phoenix Police Department was still under investigation.
The City does not investigate Open Meeting Law (OML) violations. OML violations are
investigated by the Office of the Arizona Attorney General. Mr. Baker filed an Open
Meeting Law Complaint Form with the Office of the Arizona Attorney General on Nov.
10, 2022.
The Phoenix Police Department investigation is now closed. Mr. Baker has been
notified of the closed investigation.
Staff recommends the City Council take no further action on the petition.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer.
Page 798
Attachment A
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This report provides the City Council with information in response to a citizen petition
submitted by Mr. Kim Baker at the April 5, 2023 Formal City Council meeting regarding
an Open Meeting Law complaint investigation (Attachment A).
Summary
The petition requests the City Council to investigate what happened to the open
meeting law complaint related to Item 95 - Consideration of Citizen Petition Related to
the Phoenix Police Department on Oct. 12, 2022 Formal City Council meeting. This
item was in response to the citizen petition submitted by Mr. Kim Baker at the Sept. 21,
2022 Formal City Council meeting. The Sept. 21, 2022 citizen petition requested the
by the Phoenix Police Department concerning "Complaint Report #20210001646266,
Bias Hate Crime."
Item 95 was heard by the Council at the Oct. 12, 2022 Formal City Council meeting.
During the discussion, staff informed the City Council that Mr. Baker's complaint
against the Phoenix Police Department was still under investigation.
The City does not investigate Open Meeting Law (OML) violations. OML violations are
investigated by the Office of the Arizona Attorney General. Mr. Baker filed an Open
Meeting Law Complaint Form with the Office of the Arizona Attorney General on Nov.
10, 2022.
The Phoenix Police Department investigation is now closed. Mr. Baker has been
notified of the closed investigation.
Staff recommends the City Council take no further action on the petition.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer.
Page 798
Attachment A
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Supporting documents
No supporting documents stored.
View on Agenda Online ↗
112 item(s)