Liquor License - Caliente Mexican Grill

Request for a liquor license. Arizona State License Application 229316.

Summary

Applicant
Olivia Diaz, Agent

License Type
Series 12 - Restaurant

Location
1855 W. Deer Valley Road, Ste. 107
Zoning Classification: A-1 DVAO
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 March 27, 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 11
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.

Caliente Mexican Grill (Series 12)
15600 N. Hayden Road, #100, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: In March 2021, a fine of $250.00 was paid for allowing
alcohol to be removed from the premises.

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 a clean record with no prior violations, and I am managerially certified to look
over the day to day operations of the business. As I currently own a business that
serves alcohol, I can confidently say I know what it takes to maintain a secure
environment.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We have many local customers from neighboring offices that have requested we
sever liquor after a long day of work. Doing so will not only please our customers but
also increase the city's economy.”

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 - Caliente Mexican Grill
Liquor License Map - Caliente Mexican Grill

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.

Page 12
Liquor License Data: CALIENTE MEXICAN GRILL
Liquor License

Description Series 1 Mile 1/2 Mile

Producer 1 1 1

Microbrewery 3 3 2

Bar 6 2 2

Liquor Store 9 1 1

Beer and Wine Store 10 3 0

Restaurant 12 6 1

Craft Distiller 18 1 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.62 46.01 39.17

Violent Crimes 11.03 5.46 3.29
*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 4

Total Violations 90 6


Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6147001 287 86 % 29 % 31 %

6147002 1049 17 % 20 % 26 %

6148001 1328 27 % 17 % 21 %

Average 61 % 13 % 19 %




Page 13
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Report

Liquor License - Special Event - Swift Youth Foundation

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Kristi Mielke

Location
22500 N. Aviano Way
Council District: 2

Function
Dinner

Date(s) - Time(s) / Expected Attendance
April 15, 2023 - 5 p.m. to 10 p.m. / 150 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 15



Report

Liquor License - Babbo Italian Eatery

Request for a liquor license. Arizona State License Application 12077066.

Summary

Applicant
Charlotte Pollack, Agent

License Type
Series 12 - Restaurant

Location
29455 N. Cave Creek Road, Ste. 132, 134 and 136
Zoning Classification: C-2 PCD
Council District: 2

This request is for an acquisition of control of an existing liquor license for a restaurant.
This location is currently licensed for liquor sales.

The 60-day limit for processing this application is March 31, 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 information is not provided due to the multiple ownership interests held by the
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


Page 16

applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have been actively involved with Babbo Italian Eatery as an employee and owner
since founded 20 years ago. I have acquired and hold all the proper and required
training as a licensee as well as employ a long term qualified and trained staff who
also uphold all rules and regulations. I fully understand and will uphold the great
responsibility of being the license holder. Since our conception we have delivered
quality products and services while being an active community member and will
continue to do so.”

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 17



Report

Liquor License - Special Event - Phoenix Harley Owners Group Charities, Inc.

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Frank Stubbs III

Location
13850 N. Cave Creek Road
Council District: 3

Function
Community Event

Date(s) - Time(s) / Expected Attendance
April 1, 2023 - 11 a.m. to 7:30 p.m. / 4,000 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 18



Report

Liquor License - Tacos Xolo

Request for a liquor license. Arizona State License Application 229111.

Summary

Applicant
Theresa Morse, Agent

License Type
Series 12 - Restaurant

Location
13216 N. 7th St., Ste. 4
Zoning Classification: PSC
Council District: 3

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 March 27, 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 19


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 in the liquor industry bartending for approximately 9 years. I have
attended both Basic and Management Liquor Law training to identify underage and
obviously intoxicated customers. This restaurant is a full service restaurant and the
alcohol will be served to compliment my food service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This location was previously selling alcohol as a convenience to the public. There will
be no food or alcohol service on the patio until a Use Permit is issued. The sale of
alcohol is for on premises only (no package to go).”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Tacos Xolo
Liquor License Map - Tacos Xolo

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 20
Liquor License Data: TACOS XOLO
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 2

Beer and Wine Bar 7 1 1

Liquor Store 9 1 1

Beer and Wine Store 10 4 4

Restaurant 12 9 9



Crime Data

I Description Average * 1 Mile Average ** 1/2 Mile Average***


I Property Crimes 58.23 23.16 57.64

Violent Crimes 11.14 1.96 5.73
I
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within½ mile radius


Property Violation Data

I Description Average 1/2 Mile Average

Parcels wNiolations 51 20
I
I Total Violations 90 27
I




Page 21
I I
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1036052 2124 92 0 3

1036053 797 92 20 1
1036113 2247 95 0 1
1036142 1037 91 4 2

1036151 906 52 16 12
1037012 1871 58 17 5
1037023 1050 23 4 11

Average 0 61 13 19




Page 22
Page 23



Report

Liquor License - Cerritos Mexican Food

Request for a liquor license. Arizona State License Application 228387.

Summary

Applicant
Theresa Morse, Agent

License Type
Series 12 - Restaurant

Location
2560 W. Indian School Road
Zoning Classification: C-2
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.

The 60-day limit for processing this application is March 31, 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 24


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 open as a restaurant for several years and decided to add alcohol to
complement my food menu. My son is my manager on site and we will both attend
liquor law training to ensure we understand the laws and be able to identify underage
and obviously intoxicated customers which we will refuse alcohol service to. My son,
who is the manager has experienced bartending.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This is a restaurant that serves the local community. The alcoholic beverages are only
available to complement my food. I have been operating my restaurant for several
years without a liquor license. Many customers have asked if I could sell them a beer
with their meal. The liquor license will only be a convenience to my customers. There
will not be any package alcohol sales to go.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Cerritos Mexican Food
Liquor License Map - Cerritos Mexican Food

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 25
Liquor License Data: CERRITOS MEXICAN FOOD
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 1

Bar 6 6 0

Liquor Store 9 4 1

Beer and Wine Store 10 19 7

Restaurant 12 9 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.62 215.73 268.25

Violent Crimes 11.03 73.40 121.76

*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 51 111

Total Violations 90 217




Page 26
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1090011 1552 19 % 22 % 42 %

1090012 3369 0% 11 % 59 %

1090031 2380 23 % 26 % 52 %

1090032 1204 16 % 30 % 56 %

1090033 1600 22 % 13 % 68 %

1090034 583 5% 26 % 49 %

1091022 2966 78 % 14 % 50 %

1169001 2535 66 % 12 % 50 %

1170001 2247 42 % 14 % 25 %

1170002 1845 32 % 9% 34 %

Average 61 % 13 % 19 %




Page 27
Page 28



Report

Liquor License - Special Event - Kiwanis Club of Ahwatukee Foundation, Inc.

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Andrea Pettyjohn

Location
4700 E. Warner Road
Council District: 6

Function
Community Event

Date(s) - Time(s) / Expected Attendance
April 22, 2023 - 9 a.m. to 4 p.m. / 100 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 29



Report

Liquor License - Special Event - Madison Camelview Parent Teacher
Organization, Inc. (PTO)

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Julie Dougherty

Location
5601 N. 16th St.
Council District: 6

Function
Concert

Date(s) - Time(s) / Expected Attendance
April 16, 2023 - 6 p.m. to 10 p.m. / 904 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 30



Report

Liquor License - Special Event - Madison Camelview Parent Teacher
Organization, Inc. (PTO)

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Julie Dougherty

Location
5601 N. 16th St.
Council District: 6

Function
Concert

Date(s) - Time(s) / Expected Attendance
May 5, 2023 - 6 p.m. to 10 p.m. / 904 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 31



Report

Liquor License - Babbo Italian Eatery

Request for a liquor license. Arizona State License Application 12077988.

Summary

Applicant
Charlotte Pollack, Agent

License Type
Series 12 - Restaurant

Location
6855 N. 16th St.
Zoning Classification: C-2
Council District: 6

This request is for an acquisition of control of an existing liquor license for a restaurant.
This location is currently licensed for liquor sales.

The 60-day limit for processing this application is March 31, 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 information is not provided due to the multiple ownership interests held by the
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


Page 32

applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have been actively involved with Babbo Italian Eatery as an employee and owner
since founded 20 years ago. I have acquired and hold all the proper and required
training as a licensee as well as employ a long term qualified and trained staff who
also uphold all rules and regulations. I fully understand and will uphold the great
responsibility of being the license holder. Since our conception we have delivered
quality products and services while being an active community member and will
continue to do so.”

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 33



Report

Liquor License - AC Hotel Biltmore

Request for a liquor license. Arizona State License Application 229163.

Summary

Applicant
Lauren Merrett, Agent

License Type
Series 11 - Hotel/Motel

Location
2811 E. Camelback Road
Zoning Classification: PUD
Council District: 6

This request is for a new liquor license for a hotel. 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 April 3, 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 34


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 owners meet all requirements in Title 4 and have other licenses in AZ along with
other states.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This location has had a liquor license and continuation of services is expected by
existing and future customers.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - AC Hotel Biltmore
Liquor License Map - AC Hotel Biltmore

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 35
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Report

Liquor License - Wing Kings

Request for a liquor license. Arizona State License Application 229651.

Summary

Applicant
Roberto Ramos, Agent

License Type
Series 12 - Restaurant

Location
2836 E. Indian School Road, Ste. A-1
Zoning Classification: C-1
Council District: 6

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. This location
requires a Use Permit to allow alcohol sales. This business is currently being
remodeled with plans to open in May 2023.

The 60-day limit for processing this application is April 1, 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 39

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 successfully operated a bar in City of Phoenix. I have taken the manager and
basic liquor trainings. I am going ensure that our business follows all liquor laws. I
have a clean record and my goal is to have a good 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:
“We want to bring value to this neighborhood and community. We will be focused in
training our staff to maintain a clean and good operation of all liquor. Our goal is to
bring the best restaurant in Phoenix. This is going to be a neighborhood restaurant for
a good aubience for families.”

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 - Wing Kings
Liquor License Map - Wing Kings

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 40
Liquor License Data: WING KINGS
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 7 3

Beer and Wine Bar 7 3 1

Liquor Store 9 2 0

Beer and Wine Store 10 8 4

Hotel 11 1 0

Restaurant 12 26 13


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.62 112.50 159.66

Violent Crimes 11.03 17.54 26.64
*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 24

Total Violations 90 43




Page 41
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1083021 1229 70 % 16 % 3%

1084001 718 2% 38 % 46 %

1084002 673 72 % 16 % 3%

1084003 1071 34 % 8% 40 %

1084004 1641 65 % 7% 19 %

1084005 422 16 % 37 % 13 %

1108011 1736 56 % 27 % 40 %

1108012 1115 19 % 30 % 33 %

1108013 1077 47 % 26 % 14 %

1109011 665 96 % 10 % 13 %

Average 61 % 13 % 19 %




Page 42
Liquor License Map: WING KINGS
2836 E INDIAN SCHOOL RD




Ü
Date: 3/1/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 43



Report

Liquor License - Passport Destilados

Request for a liquor license. Arizona State License Application 223871.

Summary

Applicant
Jimmie Munoz, Agent

License Type
Series 4 - Wholesaler

Location
6645 S. Central Ave.
Zoning Classification: C-2 BAOD
Council District: 7

This request is for a new liquor license for a wholesaler. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
has plans to open in April 2023.

The 60-day limit for processing this application is March 26, 2023.

Pursuant to A.R.S. 4-203, consideration may 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
Seven letters supporting the issuance of this license have been received and are on
file in the Office of the City Clerk. The letters are from local residents. They feel that
the applicant will be a responsible business owner, has supported the community and
local residents for years, and will help grow economic opportunities for small


Page 44

businesses in the area.

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 a public servant in the community and fulfilled my duties with satisfaction,
and I have earned a Masters Degree in Global Business Management from
Thunderbird School of Global Management.”

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 45



Report

Liquor License - Circle K Store #9556

Request for a liquor license. Arizona State License Application 228138.

Summary

Applicant
Maria Burgess, Agent

License Type
Series 9 - Liquor Store

Location
5150 W. Lower Buckeye Road
Zoning Classification: A-1
Council District: 7

This request is for a new liquor license for a convenience store that sells gas. This
location was not previously licensed for liquor sales and does not have an interim
permit. This business is currently under construction with plans to open in October
2023.

The 60-day limit for processing this application is March 31, 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 46

This information is not provided due to the multiple ownership interests held by the
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:
“Circle K requires all store personnel to attend an in-house training program. This
training is designed to provide a safe and positive customer service environment. As
part of the Circle K training program, we provide an Alcohol Training Program that
meets the requirements of the Arizona Department of Liquor License Control.
Employees must pass a test on Techniques of Alcohol Management that becomes part
their employee file. Store Managers are required to attend additional in-house training
and obtain certification from the Arizona Department of Liquor License Control. This
certification requires submission of fingerprints and includes background investigation.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Its is Circle K's objective to provide a product accessible in a convenient manner that
meets the need of surrounding community. Circle K's success depends on us being
able to provide products that are in 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 - Circle K Store #9556
Liquor License Map - Circle K Store #9556

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 47
Liquor License Data: CIRCLE K STORE #9556
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 0

Beer and Wine Store 10 4 2


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.62 24.30 38.64

Violent Crimes 11.03 2.70 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 2

Total Violations 89 9


Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1125132 0 0% 0% 0%

1125142 1556 51 % 10 % 7%

Average 61 % 13 % 19 %




Page 48
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!"ÿ#ÿ#ÿ$%0&ÿ9




- 9 26ÿ'()()")'


Page 49
" "*) "*+ "*, !*) !* 1

0123ÿ05678ÿ96 72 6 2



Report

Liquor License - Phoenix Rising FC

Request for a liquor license. Arizona State License Application 06070462.

Summary

Applicant
Camila Alarcon, Agent

License Type
Series 6 - Bar

Location
3801 E. Washington St.
Zoning Classification: A1, A2
Council District: 8

This request is for a location transfer of a liquor license for a bar. The area proposed to
be licensed at this address has not been previously licensed and does not have an
interim permit.

The 60-day limit for processing this application is April 4, 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 50

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:
“Phoenix Rising FC, LLC has held a liquor license for its soccer matches since 2017. It
has not received a liquor license violation since obtaining this license. It is fully
committed to upholding the highest standards with all applicable laws. All relevant staff
will be fully trained in Title 4.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This application is for a Series 6 liquor license at a soccer stadium that will host the
home games for Phoenix Rising. The privilege of selling beer, wine, and distilled spirits
is for the convenience of the public and serves the best interest of the community.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Phoenix Rising FC
Liquor License Map - Phoenix Rising FC

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 51
Liquor License Data: PHOENIX RISING FC
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 1

Bar 6 4 1

Beer and Wine Bar 7 3 2

Conveyance 8 3 2

Beer and Wine Store 10 8 1

Hotel 11 5 1

Restaurant 12 14 1

Club 14 3 0



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 58.23 98.96 78.98

Violent Crimes 11.14 19.08 18.25

*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 29

Total Violations 90 50




Page 52
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1136011 1911 16 21 11

1136022 1619 48 14 40

1137002 1578 21 11 59

1138011 1007 13 30 31

1138021 0 0 0 0

Average 0 61 13 19




Page 53
Liquor License Map: PHOENIX RISING FC
3801 E WASHINGTON ST




Ü
Date: 2/28/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 54


Wednesday, March 22, 2023


PAYMENT ORDINANCE (Ordinance S-49485) (Items 16-22)
Ordinance S-49485 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.

16 Doege Development LLC
For $447,864.84 in additional payment authority for Contract 154721
Change Order 3 for Phoenix Goodyear Airport Drainage Improvements
Federal Aviation Administration (FAA)/Arizona Department of
Transportation (ADOT) (AV41000074) project for the Aviation Department.
This change order is necessary due to the discovery of unforeseen site
conditions during the excavation for pipe. Since the Goodyear Airport
facility was originally built before World War II and was owned by several
entities, the as-built documentation for underground utilities and other
unmarked communications lines were inaccurate. The existing east tie-in
point for the 72-inch storm drain line was not per the drawings. A new
structure for the tie-in point had to be designed and installed. This project
uses Federal Funds. No General Funds are required. This change order
will provide additional funds and time to the agreement.

17 Iron Mountain Secure Shredding, Inc.

For $60,000 in payment authority for a new contract, entered on or about
Feb. 15, 2023 for a term of six months for secured shredding services, for
Citywide departments. Contractor will provide secured shredding services
on-site and off-site to safeguard Personal Identifiable Information (PII) by
securing and shredding documents containing PII.




Page 55


18 Biospace, Inc., dba InBody
For $20,000 in payment authority for a new contract, entered on or about
March 22, 2023, for the one-time purchase of bioelectrical impedance
equipment and service maintenance, repairs or calibration as needed for
the Phoenix Fire Department Health and Wellness Center. This equipment
will provide the Fire Department with the ability to use bioelectrical
impedance to precisely measure body composition and conduct
comprehensive medical examinations for Fire staff. Current methods of
measuring body composition are outdated and produce inaccurate results
across users. This upgrade in technology will allow staff to help guide diet
and weight control and track post-injury rehabilitation progress.

19 Bender Associates, Inc.

For $4,000 in additional payment authority and to continue using
Ordinance S-44401-0027 for Contract 147224, Maintenance and Repair
Services for ID Card Printer for Citywide departments. Upon approval of
$4,000 in additional funds, the revised aggregate value of the contract will
not exceed $99,000. A six-month contract extension is needed through
Sept. 30, 2023, to allow the procurement process to be completed.
Contractor provides certified and trained technicians to fulfill preventive
maintenance on all ID card printers.

20 Sagebrush Restoration, LLC

For $10,752 in payment authority to pay Sagebrush Restoration, LLC for
restoration services for the Orpheum Theatre due to water damage from a
faulty fire sprinkler for the Public Works Department. Due to the historic
nature of the building, preservation was key and Sagebrush Restoration
was the only vendor that could be dispatched within the hour.


21 Settlement of Claim(s) Wilcox v. City of Phoenix

To make payment of up to $175,000 in settlement of claim(s) in Wilcox v.
Department pursuant to Phoenix City Code Chapter 42. This is a
settlement for a property damage claim involving the Water Department on
Dec. 13, 2019.



Page 56

22 Settlement of Claim(s) Phoenix Fit Lab v. City of Phoenix

To make payment of up to $45,373.30 in settlement of claim(s) in Phoenix
Fit Lab v. City of Phoenix, 21-0582-001, GL, PD, for the Finance
Department pursuant to Phoenix City Code Chapter 42. This is a
settlement for a property damage claim arising from a water main break
that occurred on Dec. 24, 2021.




Page 57



Report

Canvass of Vote - March 14, 2023 Runoff Election

Canvass of the vote for the Tuesday, March 14, 2023 Runoff Election for the City
Council to canvass the votes and announce and declare the results of the election.

Summary
On Tuesday, March 14, 2023, the City of Phoenix held a Runoff Election for council
members in City Council Districts 6 and 8. The Runoff Election for Districts 6 and 8
was conducted because no candidate received a majority of the votes cast in the Nov.
8, 2022 Council Election. The elected District 6 and District 8 Council Members in the
Runoff Election will take office for a four-year term beginning April 17, 2023.

Citizen Notification
Voters on the Active Early Voting List (AEVL) received notification of the election from
the City of Phoenix in December 2022 and early ballots were mailed approximately 27
days before the election. The City mailed a Sample Ballot Pamphlet in early February,
before early ballots were mailed to each household with an eligible registered voter.
The Pamphlet contained general information about the election, including the deadline
to return early ballots by mail, in-person voting options, and voter identification
requirements. The Pamphlet also contained a list of names of the qualified candidates
for District 6 and District 8. Election information was available at phoenix.gov/elections.
Additionally, information was provided through multiple publications, news releases,
and the official Phoenix election Twitter account, @PHXClerk. All election information
was provided in English and Spanish.

Concurrence
As required by law, the Accuracy Certification Board has certified the results of the
election and that the election was conducted according to law.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 58



Report

Request for City Council to Call to Meet in Executive Session on April 18, 2023

Request for the City Council to call to meet in Executive Session pursuant to Arizona
Revised Statutes, Section 38-431.03.A, on April 18, 2023 at noon in the Central
Conference Room, 12th Floor of Phoenix City Hall, 200 W. Washington St., Phoenix,
AZ 85003.

Public Outreach
The notice and agenda for this meeting will be posted no later than 24 hours before
the scheduled meeting.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Law Department.




Page 59



Report

Proposed Dvhawk Annexation - Public Hearing

A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed Dvhawk Annexation. This public hearing allows the City Council to gather
community input regarding this annexation proposal. The City Council will not act on
the proposed annexation at this public hearing. Formal adoption of this proposed
annexation will be considered at a later date.

Summary
The annexation was requested by Clark Diepholz with Hawkeye Development, LLC for
the purpose of receiving City of Phoenix services. The proposed annexation conforms
to current City policies and complies with Arizona Revised Statutes section 9-471
regarding annexation. Additionally, the annexation is recommended for adoption per
the attached Task Force Analysis Report (Attachment A).

Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.

Location
The proposed annexation area includes parcel 210-07-025A, located at 17th Avenue
and Alameda Road (Attachment B). The annexation area is approximately 2.4 acres
(0.0037 sq. mi.) and the population estimate is zero individuals.

Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 60
ATTACHMENT A



CITY COUNCIL REPORT

TO: Alan Stephenson
Deputy City Manager

FROM: Joshua Bednarek
Planning and Development Director

SUBJECT: Request for Task Force Analysis: 17th Avenue and Alameda Road

This report recommends the approval of the proposed annexation of 2.4 acres located at 17th
Avenue and Alameda Road (APN: 210-07-025A).

THE REQUEST:
The applicant is requesting to annex approximately 2.40 acres approximately 350 feet east of the
northeast corner of the 17th Avenue and the Alameda Road alignments from Maricopa County. The
applicant is requesting the annexation with the intention to rezone the site to Commerce
Park/General Commerce Park for light industrial/ business park uses.


OTHER INFORMATION:

Planning Village: Deer Valley
General Plan Commerce/Business Park
Designation:
Current County Zoning RU-43
District
Equivalent Zoning S-1
District:
Proposed Zoning CP/GCP
District:

Current Land Use
Conditions
On Site: Vacant
To the North: Maricopa County jurisdiction, zoned RU-43, vacant
To the South: City of Phoenix jurisdiction, zoned PUD DVAO, vacant
To the West: Maricopa County jurisdiction, RU-43, plant nursery and office
To the East: City of Phoenix jurisdiction, zoned CP/GCP DVAO, vacant

Maricopa County N NONE PRESENT
History of Non-
Conformities Present?




Page 61
MARICIPA COUNTY ZONING CASE
HISTORY
None.


ALTERNATIVES:

• Option A - Annex the land as requested:

The City of Phoenix will control rezoning requests in this area to ensure conformance
with the General Plan Land Use Map. The city of Phoenix will capture property tax, utility
tax, state shared revenue, and impact fees when applicable.

• Option B - Deny the request for annexation:

If annexed later, this site would have been developed under County zoning and
development standards that may not be consistent with the General Plan, Land Use Map,
zoning, and development standards.

RECOMMENDATION:

Located adjacent to City of Phoenix lands, this annexation is supported by the 2015 General Plan,
particularly the Land Use goal for land uses and development standards for unincorporated land,
under Policies 1 and 2. This annexation is recommended for approval.
Approval of annexation does not constitute recommendation for future rezoning actions.

SUPPORTING INFORMATION:

I. Water and Sewer Service



II. Fire Protection

Servicing Station: Phoenix Fire Station 55
26700 N. 27th Avenue
Phoenix, AZ 85085
Current Response Time: 4 Min. 15 Sec.
City Average Response 5 Min. 0 Sec.
Time:
Difference from Typical -1 Min. 15 Sec.
Response Time:
Number of Service Calls 0
Expected:
Average Cost per $727
Service Call:




Page 62
Estimated Total Annual $0
Fire Service Costs:

III. Police Protection

Servicing Station: Black Mountain Precinct
33355 North Cave Creek Road
Phoenix AZ, 85331
Number Of New Officers 0.00
Required:
Number Of New Patrol 0.00
Cars Required:
Estimated Total Annual $0
Police Service Costs:

IV. Refuse Collection

Number of New 0
Containers Required:
Cost for Refuse $59.90
Containers, Each:
Cost for Recycling $59.90
Containers, Each:
Total Start-Up Costs for $0
Refuse Collection:

V. Street Maintenance

Average Cost per Acre $131
For Street Maintenance:
Estimated Total Annual $314
Street Maintenance
Costs:

VI. Public Transit

Servicing Routes: Route 19, approx. 0.5 miles from site
23rd Ave and Farmers Way, northbound and southbound

VII. Parks and Recreation

Neighborhood Park 0.00
Demand in Acres:
Community Park 0.00
Demand in Acres:
District Park Demand in 0.00
Acres:




Page 63
Total Park Demand in 0.00
Acres:
Cost Per Acre, Annual $17,000
Maintenance:
Total Annual Parks and $0
Recreation Costs:

VIII. Schools

Elementary School Deer Valley Unified
District:
High School District: Deer Valley Unified
Total Expected 0
Elementary School
Students:
Total Expected High 0
School Students:
Total Expected New 0
Students:

IX. Revenues

Expected Total Impact $0
Fees at Buildout:

Property Tax Income*: $304


Beginning Next Fiscal
Utility Fee Income: $0
State Shared Revenue: $0
Solid Waste: $0


Year
Sales Tax Generated: $0
Total Tax Related $304
Income, Annually**:

Property Tax Income*: $304


Beginning 2023-2024
Utility Fee Income: $0
State Shared Revenue: $0
Solid Waste: $0


Fiscal Year
Sales Tax Generated: $0
Total Tax Related $304
Income, Annually**:
X. Total Costs

Revenue, First Year $304
Only:
Revenue, Year Two: $304




Page 64
Revenue, 2020 and $304
Beyond:

Expenses, First Year $314
Only:
Expenses, Year Two and $314
Beyond:

Total Annual Revenue, -$10
First Year**:
Total Annual Revenue, -$10
2023 and Beyond**:
*The above referenced Property Tax Income numbers are based on vacant parcels only, it
does not not refer to future development which will vary depending on number of lots and
individual square footage.
**Total Tax Related Income and Total Annual Revenues will vary depending on project
scope and size, the timing of permit issuance and build-out.




Page 65
ATTACHMENT B




0.0037




Page 66



Report

Proposed Newcomb Annexation - Public Hearing

A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed Newcomb Annexation. This public hearing allows the City Council to gather
community input regarding this annexation proposal. The City Council will not act on
the proposed annexation at this public hearing. Formal adoption of this proposed
annexation will be considered at a later date.

Summary
The annexation was requested by Clark Diepholz with Hawkeye Development, LLC for
the purpose of receiving City of Phoenix services. The proposed annexation conforms
to current City policies and complies with Arizona Revised Statutes section 9-471
regarding annexation. Additionally, the annexation is recommended for adoption per
the attached Task Force Analysis Report (Attachment A).

Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.

Location
The proposed annexation area includes parcel 210-07-006A and 210-07-032A, located
at 19th Avenue and Alameda Road (Attachment B). The annexation area is
approximately 4.68 acres (0.0073 sq. mi.) and population estimate is zero individuals.

Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 67
ATTACHMENT A



CITY COUNCIL REPORT

TO: Alan Stephenson
Deputy City Manager

FROM: Joshua Bednarek
Planning and Development Director

SUBJECT: Request for Task Force Analysis: 19th Avenue and Alameda Road

This report recommends the approval of the proposed annexation of 4.68 acres located at
19th Avenue and Alameda Road (APN: 210-07-006A, 210-07-032A).

THE REQUEST:
The applicant is requesting to annex approximately 4.68 acres at the northeast corner of 19th Avenue
and the Alameda Road alignment from Maricopa County. The applicant is requesting the annexation
with the intention to rezone the site to Commerce Park/General Commerce Park for light industrial
uses.
OTHER INFORMATION:

Planning Village: Deer Valley
General Plan Commerce/Business Park
Designation:
Current County RU-43
Zoning District
Equivalent Zoning S-1
District:
Proposed Zoning CP/GCP
District:

Current Land Use
Conditions
On Site: Vacant
To the North: City of Phoenix jurisdiction, zoned A-1 DVAO, industrial uses
To the South: City of Phoenix jurisdiction, zoned PUD DVAO, vacant
To the West: City of Phoenix jurisdiction, across 19th Avenue, C-2 DVAP and
CP/BP DVAO, multifamily residential and commercial uses
To the East: City of Phoenix jurisdiction, zoned CP/GCP DVAO, vacant and
Maricopa County Jurisdiction, zoned IND-2, industrial uses

Maricopa County N NONE PRESENT
History of Non-
Conformities Present?




Page 68
MARICIPA COUNTY ZONING CASE
HISTORY
None.


ALTERNATIVES:

• Option A - Annex the land as requested:

The City of Phoenix will control rezoning requests in this area to ensure conformance
with the General Plan Land Use Map. The city of Phoenix will capture property tax, utility
tax, state shared revenue, and impact fees when applicable.

• Option B - Deny the request for annexation:

If annexed later, this site would have been developed under County zoning and
development standards that may not be consistent with the General Plan, Land Use Map,
zoning, and development standards.

RECOMMENDATION:

Located adjacent to City of Phoenix lands, this annexation is supported by the 2015 General Plan,
particularly the Land Use goal for land uses and development standards for unincorporated land,
under Policies 1 and 2. This annexation is recommended for approval.
Approval of annexation does not constitute recommendation for future rezoning actions.

SUPPORTING INFORMATION:

I. Water and Sewer Service



II. Fire Protection

Servicing Station: Phoenix Fire Station 55
26700 N. 27th Avenue
Phoenix, AZ 85085
Current Response 4 Min. 0 Sec.
Time:
City Average 5 Min. 0 Sec.
Response Time:
Difference from -1 Min. 0 Sec.
Typical Response
Time:
Number of Service 0
Calls Expected:
Average Cost per $727
Service Call:




Page 69
Estimated Total $0
Annual Fire Service
Costs:

III. Police Protection

Servicing Station: Black Mountain Precinct
33355 North Cave Creek Road
Phoenix AZ, 85331
Number Of New 0.00
Officers Required:
Number Of New 0.00
Patrol Cars Required:
Estimated Total $0
Annual Police Service
Costs:

IV. Refuse Collection

Number of New 0
Containers Required:
Cost for Refuse $59.90
Containers, Each:
Cost for Recycling $59.90
Containers, Each:
Total Start-Up Costs $0
for Refuse Collection:

V. Street Maintenance

Average Cost per Acre $131
For Street
Maintenance:
Estimated Total $612
Annual Street
Maintenance Costs:

VI. Public Transit

Servicing Routes: Route 19, approx 0.5 miles from site
23rd Ave and Farmers Way, northbound and southbound

VII. Parks and Recreation

Neighborhood Park 0.00
Demand in Acres:
Community Park 0.00
Demand in Acres:




Page 70
District Park Demand 0.00
in Acres:
Total Park Demand in 0.00
Acres:
Cost Per Acre, Annual $17,000
Maintenance:
Total Annual Parks $0
and Recreation Costs:

VIII. Schools

Elementary School Deer Valley Unified
District:
High School District: Deer Valley Unified
Total Expected 0
Elementary School
Students:
Total Expected High 0
School Students:
Total Expected New 0
Students:

IX. Revenues

Expected Total Impact $0
Fees at Buildout:

Property Tax Income*: $632
Utility Fee Income: $0

Beginning Next Fiscal
State Shared $0
Revenue:
Solid Waste: $0


Year
Sales Tax Generated: $0
Total Tax Related $632
Income, Annually**:

Property Tax Income*: $632
Utility Fee Income: $0

Beginning 2023-2024
State Shared $0
Revenue:
Solid Waste: $0


Fiscal Year
Sales Tax Generated: $0
Total Tax Related $632
Income, Annually**:
X. Total Costs




Page 71
Revenue, First Year $632
Only:
Revenue, Year Two: $632
Revenue, 2020 and $632
Beyond:

Expenses, First Year $612
Only:
Expenses, Year Two $612
and Beyond:

Total Annual $20
Revenue, First
Year**:
Total Annual $20
Revenue, 2023 and
Beyond**:
*The above referenced Property Tax Income numbers are based on vacant parcels only, it
does not not refer to future development which will vary depending on number of lots
and individual square footage.
**Total Tax Related Income and Total Annual Revenues will vary depending on project
scope and size, the timing of permit issuance and build-out.




Page 72
ATTACHMENT B




Page 73



Report

Proposed 35th Avenue and Elliot Road Annexation - Public Hearing

A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed 35th Avenue and Elliot Road Annexation. This public hearing allows the City
Council to gather community input regarding this annexation proposal. The City
Council will not act on the proposed annexation at this public hearing. Formal adoption
of this proposed annexation will be considered at a later date.

Summary
The annexation was requested by Brian Cameron for the purpose of receiving City of
Phoenix services. The proposed annexation conforms to current City policies and
complies with Arizona Revised Statutes section 9-471 regarding annexation.
Additionally, the annexation is recommended for adoption per the attached Task Force
Analysis Report (Attachment A).

Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.

Location
The proposed annexation area includes parcel 300-11-036H, located at 9512 S. 35th
Ave. (Attachment B). The annexation area is approximately 2.63 acres (0.0041 sq.
mi.) and population estimate is three individuals.

Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 74
ATTACHMENT A



CITY COUNCIL REPORT

TO: Alan Stephenson
Deputy City Manager


FROM: Joshua Bednarek
Planning and Development Director


SUBJECRequest for Task Force Analysis: 35th Avenue and Elliot Road


This report recommends the approval of the proposed annexation of 2.63 acres located at
35th Avenue and Elliot Road (APN: 300-11-036H).

THE REQUEST:

The applicant is requesting to annex approximately 2.63 acres at the northwest corner of 35th Avenue
and Elliot Road from Maricopa County. The applicant is requesting the annexation with the intention to
develop the property for multifamily residential (20 units).


OTHER INFORMATION:


Planning Village: Laveen
General Plan Residential 2 - 3.5 du/ac
Designation:
Current County Zoning R-3
District
Equivalent Zoning R-3
District:
Proposed Zoning District: N/A

Current Land Use
Conditions
On Site: Single-Family Residential
To the North: Maricopa County jurisdiction, zoned R-3, single-family residence
To the South: City of Phoenix jurisdiction, across Elliot Road alignment, zoned
R1-18, single-family residences
To the West: City of Phoenix jurisdiction, zoned R-3, vacant lot
To the East: City of Phoenix and Maricopa County jurisdiction, across 35th
Avenue, zoned R-3, single-family residences

Maricopa County History N NONE PRESENT
of Non-Conformities
Present?

MARICIPA COUNTY ZONING
CASE HISTORY
0 0
0 0




Page 75
ALTERNATIVES:

 Option A - Annex the land as requested:


The City of Phoenix will control rezoning requests in this area to ensure conformance with the
General Plan Land Use Map. The city of Phoenix will capture property tax, utility tax, state
shared revenue, and impact fees when applicable.

 Option B - Deny the request for annexation:


If annexed later, this site would have been developed under County zoning and development
standards that may not be consistent with the General Plan, Land Use Map, zoning, and
development standards.

RECOMMENDATION:

Located adjacent to City of Phoenix lands, this annexation is supported by the 2015 General Plan,
particularly the Land Use goal for land uses and development standards for unincorporated land, under
Policies 1 and 2. This annexation is recommended for approval.
Approval of annexation does not constitute recommendation for future rezoning actions.

SUPPORTING INFORMATION:


I. Water and Sewer Service



II. Fire Protection

Servicing Station: Phoenix Fire Station 39
2276 W. Southern Avenue
Phoenix, AZ 85041
Current Response Time: 3 Min. 45 Sec.
City Average Response 5 Min. 0 Sec.
Time:
Difference from Typical -2 Min. 45 Sec.
Response Time:
Number of Service Calls 4
Expected:
Average Cost per Service $727
Call:
Estimated Total Annual $2,690
Fire Service Costs:

III. Police Protection


Servicing Station: Maryvale/Estrella Precinct
Estrella Mountain Substation
2111 S. 99th Ave.
Tolleson, AZ 85353




Page 76
Number Of New Officers 0.03
Required:
Number Of New Patrol 0.01
Cars Required:
Estimated Total Annual $4,810
Police Service Costs:

IV. Refuse Collection


Number of New 0
Containers Required:
Cost for Refuse $59.90
Containers, Each:
Cost for Recycling $59.90
Containers, Each:
Total Start-Up Costs for $0
Refuse Collection:

V. Street Maintenance

Average Cost per Acre $131
For Street Maintenance:
Estimated Total Annual $344
Street Maintenance
Costs:

VI. Public Transit

Servicing Routes: None.

VII. Parks and Recreation

Neighborhood Park 0.09
Demand in Acres:
Community Park Demand 0.05
in Acres:
District Park Demand in 0.05
Acres:
Total Park Demand in 0.19
Acres:
Cost Per Acre, Annual $17,000
Maintenance:
Total Annual Parks and $3,311
Recreation Costs:

VIII. Schools

Elementary School Laveen
District:
High School District: Phoenix Union




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Total Expected 6
Elementary School
Students:
Total Expected High 4
School Students:
Total Expected New 10
Students:

IX. Revenues

Expected Total Impact $0
Fees at Buildout:

Property Tax Income*: $381


Beginning Next Fiscal
Utility Fee Income: $0
State Shared Revenue: $0



Year
Solid Waste: $0
Sales Tax Generated: $0
Total Tax Related $381
Income, Annually**:

Property Tax Income*: $381


Beginning 2023-2024
Utility Fee Income: $0
State Shared Revenue: $0



Fiscal Year
Solid Waste: $0
Sales Tax Generated: $0
Total Tax Related $381
Income, Annually**:
X. Total Costs

Revenue, First Year Only: $381
Revenue, Year Two: $381
Revenue, 2020 and $381
Beyond:

Expenses, First Year $11,155
Only:
Expenses, Year Two and $11,155
Beyond:

Total Annual Revenue, -$10,774
First Year**:
Total Annual Revenue, -$10,774
2023 and Beyond**:
*The above referenced Property Tax Income numbers are based on vacant
parcels only, it does not not refer to future development which will vary
depending on number of lots and individual square footage.
**Total Tax Related Income and Total Annual Revenues will vary depending
on project scope and size, the timing of permit issuance and build-out.




Page 78
ATTACHMENT B




Page 79



Report

Paint Spray Equipment Parts - IFB 18-139 - Amendment (Ordinance S-49504)

Request to authorize the City Manager, or his designee, to execute amendments to
Contract 147153 with the Sherwin-Williams Company and Contract 147154 with Dunn-
Edwards Corporation to extend 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-44369.

Summary
This contract will provide airless paint sprayer equipment and other relevant
miscellaneous equipment parts on an as-needed basis for painting at various City
locations. Additional time is needed to complete the new procurement.

Contract Term
Upon approval the contract will be extended through March 31, 2024.

Financial Impact
The aggregate value of the contract will not exceed $340,000 and no additional funds
are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Paint Spray Equipment Parts - Contract 147153 and 147154 (Ordinance S-44369) on
March 21, 2018.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




Page 80



Report

Acceptance of Easements for Access and Drainage Purposes (Ordinance S-
49505)

Request for the City Council to accept easements for access and drainage 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: Camden MB Phoenix, LLC, its successor and assigns
Purpose: Access for Culvert Maintenance
Location: 6850 E. Mayo Blvd.
File: FN 220070
Council District: 2

Easement (b)
Applicant: Quiktrip Corporation, its successor and assigns
Purpose: Drainage
Location: 6705 W. Baseline Road
File: FN 230002
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.




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Report

Acceptance and Dedication of Easements for Public Utility, Landscape and
Sidewalk Purposes (Ordinance S-49507)

Request for the City Council to accept and dedicate easements for public utility,
landscape and sidewalk 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: Ninety-Nine Holdings, LLC, its successor and assigns
Purpose: Sidewalk
Location: 1675 and 1701 N. 99th Ave.
File: FN 230005
Council District: 5

Easement (b)
Applicant: Soccorro Hernandez; Carolina Hernandez, its successor and assigns
Purpose: Public Utility
Location: 410 W. Wier Ave.
File: FN 230011
Council District: 7

Easement (c)
Applicant: Properfoundation LLC, its successor and assigns
Purpose: Landscape
Location: 2509 E. Broadway Road
File: FN 220115
Council District: 8

Easement (d)
Applicant: Properfoundation LLC, its successor and assigns
Purpose: Sidewalk


Page 82

Location: 2509 E. Broadway Road
File: FN 220115
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.




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Report

Risk Management Information System and Ancillary Services - RFA 14-035-
Amendment (Ordinance S-49509)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 138020 with Riskonnect Clearsight, LLC 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 $390,000.

Summary
This contract provides the Risk Management division of the Finance Department, a
web-based risk management information system with secure data storage, client
service and system maintenance and includes a key bill-payment interface that is
linked to the Law Department’s information system and a jointly developed transaction
interface with SAP. This extension will allow additional time to establish a new
agreement for this service.

This item has been reviewed and approved by the Information Technology Services
Department.

Contract Term
Upon approval the contract will be extended through March 31, 2024, with an
additional one-year option to extend.

Financial Impact
Upon approval of $390,000 in additional funds, the revised aggregate value of the
contract will not exceed $1,715,000. Funds are available in the Finance Department's
budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
- Risk Management Information System and Ancillary Services Contract 138020
(Ordinance S-40639) on March 19, 2014;
- Risk Management Information System and Ancillary Services Contract 138020
(Ordinance S-43822) on Aug. 30, 2017;
- Risk Management Information System and Ancillary Services Contract 138020


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(Ordinance S-48345) on Feb. 16, 2022.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




Page 85



Report

Legal Research Online, Software and Material - ADSPO12-014733 - Amendment
(Ordinance S-49510)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 147311 with West Publishing Corporation, dba Thomson West, a Thomson
Reuters Business to extend the contract term. Further request to authorize the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $1 million.

Summary
This contract will provide Citywide departments, including Law, Library, Neighborhood
Services, Finance, and Equal Opportunity, with access to legal and investigative
resources such as Westlaw's Clear, an investigate software tool, and related products,
solutions and print materials. These resources include exclusive content, features and
proprietary tools. Westlaw provides access to State and Federal court decisions,
statutes, administrative regulations, national public records, and a comprehensive
indexing system for case law materials. The Clear subscription provides investigative
resources to assist locating and connecting subjects, victims and witnesses to attend
trials. Clear is also used to conduct online skip tracing research for court case
preparation, for abatement lien foreclosure program research, and as a guide for the
Fair Housing program.

This extension allows more time to complete a new procurement without a lapse of
critical Citywide services, and a three-year contract extension will result in savings of
approximately seven percent per year.

Contract Term
Upon approval, the contract will be extended through March 31, 2026.

Financial Impact
Upon approval of $1 million in additional funds, the revised aggregate value of the
contract will not exceed $2.1 million. Funds are available in various department
budgets.

Concurrence/Previous Council Action


Page 86

The City Council previously reviewed this request:
• Legal Research Online, Software and Material Contract 147311 (Ordinance S-44456)
on April 18, 2018

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




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Report

Integrated Pest Control, Wildlife Relocation and Bird/Bat Management - IFB 18-
003 - Amendment (Ordinance S-49519)

Request to authorize the City Manager, or his designee, to execute amendments to
Contract 147193 with City Wide Pest Control, Inc., and Contract 147194 with
Southwest Avian Solutions, LLC, to extend 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-44306.

Summary
This contract will provide integrated pest management, general pest and rodent
control; German cockroach and mosquito treatment; bed bug and termite inspection
and treatment; bee, wasp, and hornet removal; pocket and ground squirrel control; and
bird and bat management. The six-month extension will allow time to complete the
new procurement without a lapse in this critical Citywide service.

Contract Term
Upon approval the contract will be extended through Oct. 31, 2023.

Financial Impact
The aggregate value of the contract will not exceed $2,000,000 and no additional
funds are needed.

Concurrence/Previous Council Action

The City Council previously reviewed this request:
• Integrated Pest Control, Wildlife Relocation and Bird/Bat Management - Contracts
147193 and 147194 (Ordinance S-44306) on March 7, 2018.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




Page 88



Report

Sand, Rock and Quarried Material - IFB 17-039 - Amendment (Ordinance S-
49520)

Request to authorize the City Manager, or his designee, to execute amendments to
Contract 144731 with Material Delivery, Inc., dba MDI Rock, and Contract 144733 with
Cemex Construction Materials South, LLC, to extend the contract term. Further
request to authorize the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $2,000,000.

Summary
This contract will provide a wide variety of sand, rock, and quarried materials for all
City departments. The materials are required to keep City sites within the community
presentable and ensure compliance with Maricopa Air Quality Permits for dust control
and the City's Storm Water Management Plan. The extension is necessary to allow for
continuous use of the contract pending the completion of a new procurement process.

Contract Term
Upon approval the contract will be extended through March 31, 2024.

Financial Impact
Upon approval of $2,000,000 in additional funds, the revised aggregate value of the
contract will not exceed $5,533,750. Funds are available in the various department
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Sand, Rock and Quarried Material Contracts 144731, 144732, and 144733
(Ordinance S-43316) on March 22, 2017.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




Page 89



Report

AV Equipment and Services - ADSP017-00007302 - Amendment (Ordinance S-
49521)

Request to authorize the City Manager, or his designee to allow additional
expenditures under Contract 147007 with Commercial Computer Services, Inc., dba
CCS Presentation Systems; Contract 147008 with Inter Technologies Corporation;
Contract 147009 with Bluum USA, Inc.; Contract 147010 with Presentation Products,
Inc., dba Spinitar; Contract 147011 with Level 3 Audio Visual, LLC; Contract 147438
with Ford Audio-Video Systems, LLC; and Contract 155410 with IES Communications,
LLC, for the purchase of audio video equipment 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 $1,800,000.

Summary
These contracts will provide the City with a broad range of audio video equipment and
related services. The associated contractors provide essential services and equipment
for the Emergency Operations Center, 911 Operations, PHXTV, Know99, City Council
Assembly Rooms and Council Chambers, as well as direct engineering support, such
as analysis, design, and configuration of existing systems. Additional funds are needed
to continue essential department operations through contract expirations. The main
users of these contracts include the Phoenix Convention Center, Municipal Court,
Water Services, Fire, Public Transit, Aviation, Library, Parks and Recreation, Police,
Human Resources, Public Works, and Human Services departments.

Contract Term
The contract terms remain unchanged, ending on Aug.11, 2023.

Financial Impact
Upon approval of $1,800,000 in additional funds, the revised aggregate value of the
contracts will not exceed $9,250,000. Funds are available in various department
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• AV Equipment and Services Contracts 147007, 147008, 147009, 147010, 147011,


Page 90

147438, 155410 (Ordinance S-44246) on Jan. 24, 2018;
• AV Equipment and Services Contract 147010 (Ordinance S-45757) on June 5, 2019;
• AV Equipment and Services Contracts 147007, 147008, 147009, 147010, 147011,
147438 (Ordinance S-46260) on Dec. 18, 2019;
• AV Equipment and Services Contract 155410 (Ordinance S-47907) on Sept. 8, 2021;
• AV Equipment and Services Contracts 147007, 147008, 147009, 147010, 147011,
147438, 155410 (Ordinance S-49132) on Nov. 2, 2022.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




Page 91



Report

SAP Programming Support Services (Ordinance S-49522)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 147248 with SynterTec Consulting, 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 $3,200,000.

Summary
The primary function of this contract is to provide technical support services for
business functions of the SAP system. The City utilizes the SAP system for critical
financial accounting and reporting, procurement, accounts payables and receivables,
reporting, work order management, inventory management, and plant maintenance.
Due to the highly specialized programming skills, contract services are necessary to
support the SAP system, which includes more than 3,000 users and interfaces with
various City systems. The extension is necessary to provide staff augmentation for the
continued programming of work processes and interfaces with SAP and will also be
utilized for continued modernization system upgrades.

This item has been reviewed and approved by the Information Technology Services
Department.

Contract Term
Upon approval the contract will be extended through March 26, 2028, with no options
to extend.

Financial Impact
Upon approval of $3,200,000 in additional funds, the revised aggregate value of the
contract will not exceed $5,950,000. Funds are available in the Finance Department's
operating budget related to SAP system support.

Concurrence/Previous Council Action
The City Council previously approved this request:
SAP programming support services (Ordinance S-44378) on March 21, 2018.




Page 92

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




Page 93



Report

Window Treatment and Associated Services - IFB 18-128 - Amendment
(Ordinance S-49526)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 146976 with Coyote Blind Company, 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-44273.

Summary
This contract will provide all labor, materials, equipment, and transportation to supply
and install roller shades, mini-blinds, honeycomb and cellular shades, vertical blinds
and exterior sunshades in various facilities within the City of Phoenix. This extension is
necessary to allow for a new solicitation process to be properly concluded without any
lapse in service delivery.

Contract Term
Upon approval, the contract will be extended through March 31, 2024.

Financial Impact
The value of the contract will not exceed $330,000 and no additional funds are
needed.

Concurrence/Previous Council Action
The City Council previously approved this request:
• Window Treatment and Associated Services Contract 146976 (Ordinance S-44273)
on Feb. 21, 2018.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Managers
Mario Paniagua and Inger Erickson, and the Fire, Public Works, and Parks and
Recreation departments.




Page 94



Report

Background Screening and In-Processing/Onboarding Services Contract
(Ordinance S-49523)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 146656 with Sterling Infosystems, Inc., dba Sterling to extend the contract
term for three additional months. Further request to authorize the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$30,000.

Summary
This contract will provide background screening and in-processing/onboarding
services for employees and volunteers. The costs for employee and volunteer
background services are paid by the departments utilizing these services. This
extension is necessary to provide time for a new solicitation to be completed.

Contract Term
Upon approval the contract will be extended through July 4, 2023.

Financial Impact
Upon approval of $30,000 in additional funds, the revised aggregate value of the
contract will not exceed $554,000. Funds are available in the various departments'
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Background Screening and In-Processing/Onboarding Services (Ordinance S-
43751) on June 28, 2017.
· Additional payment authority: Sterling Infosystems, Inc., dba Sterling Contract
146656 (Ordinance S-48392-0018) on March 23, 2022.
· Background Screening and In-Processing/Onboarding Services contract extension
(Ordinance S-49219) on Dec. 7, 2022
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.


Page 95



Report

Oracle Disaster Recovery Cloud Environment (Ordinance S-49486)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Oracle America, Inc. under Oracle Master Agreement 142562-AR-001, to
purchase an Oracle Disaster Recovery Cloud Environment for the Information
Technology Services Department in support of various departments citywide. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the contract will not exceed $670,000 including taxes.

Summary
This agreement allows the City to utilize the Oracle Disaster Recovery Cloud
environment for critical business systems that utilize Oracle database technology. The
Oracle Disaster Recovery Cloud environment is utilized for eChris, for Customer Care
& Billing, Work Order and Asset Management, and Mobile Workforce Management for
the Water Services Department, and for Public Transit systems. In the event of a
significant disaster, this agreement would allow City personnel to continue to operate
in emergency operations mode and preserve the data until the system can be
physically rebuilt, restored and reinstalled.

Contract Term
This request is for a one-year agreement. Renewals will be part of the next citywide
payment ordinance for Oracle.

Financial Impact
The one-year cost will not exceed $670,000, including taxes.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Information
Technology Services Department.




Page 96



Report

Payment Card Industry Qualified Security Assessor Consulting and Related
Services Contract - Request for Award (Ordinance S-49487)

Request to authorize the City Manager, or his designee, to enter into contracts with
CliftonLarsonAllen, LLP, JANUS Software, Inc. (dba JANUS Associates), and Link
Tech, LLC (dba Link Technologies) to provide Payment Card Industry (PCI)
compliance and/or penetration and risk assessment services for the Information
Technology Services Department and in support of various departments. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the contracts will not exceed $3.5 million.

Summary
These contracts will provide Payment Card Industry (PCI) Certified Qualified Security
Assessor(s) (QSA) to ensure compliance with PCI Data Security Standards (PCI-DSS)
and assistance with related security and compliance services as requested by the City.
These contracts will support the City's goal of maintaining secure and PCI-compliant
payment systems as mandated. Services include, but are not limited to, conducting a
PCI-DSS assessment and producing a report on compliance, reducing the City's PCI
footprint, performing penetration testing and risk assessments, and providing security
and compliance services and ongoing support.

Procurement Information
A competitive procurement in accordance with City policy and code was conducted
utilizing the Information Technology (IT) Professional Services Qualified Vendor List. In
Oct. 2022, the Information Technology Services Department invited 66 vendors to
participate in responding to our engagement. Three offers were received and were
deemed to be responsive and responsible. An evaluation committee of City staff
evaluated those offers based on the following evaluation criteria:

· Experience and References (0-425 points)
· Company Information (0-200 points)
· Pricing (0-200 points)
· Implementation (0-125 points)
· Support Services (0-50 points)


Page 97


After reaching consensus, the evaluation committee recommends award to the
following offerors:

· CliftonLarsonAllen, LLP
· JANUS Software, Inc. (dba JANUS Associates)
· Link Tech, LLC (dba Link Technologies)

Contract Term
The contracts will begin on or about April 1, 2023, for a five-year period with no options
to extend. The requirements of Phoenix City Code section 42-18 are waived to allow
inclusion of indemnification and limitation of liability provisions in the contracts that
would otherwise be prohibited.

Financial Impact
The aggregate contract value will not exceed $3.5 million. Funding is available in the
Information Technology Services Department's operating budget.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Information
Technology Services Department.




Page 98



Report

Open Data Portal Hosting - Amendment (Ordinance S-49503)

Request to authorize the City Manager, or his designee, to execute an amendment to
contract 144640 with OpenGov, Inc. to extend the contract term for the renewal of
support and maintenance of the City's Open Data portal and other modules. Further
request to authorize the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $1,645,000.

Summary
This contract will allow the City to continue to utilize OpenGov, Inc. for its Open Data
Portal. The Open Data Portal provides transparent and easy-to-use data to residents
and businesses regarding areas such as public safety, transportation, finance, energy
and sustainability, libraries, parks, and arts and culture. In addition, it will continue to
provide OpenGov's Procurement Solicitation Development and Citizen Services
module. The Procurement Solicitation Development module is utilized citywide and is a
collaborative tool that facilitates and provides consistency throughout the
procurement/contracting process. The Citizen Services module is used by the City
Manager's Office providing a platform that assists with the reporting related to the
American Rescue Plan Act.

Contract Term
Upon approval, the contract will be extended through Feb. 29, 2028.

Financial Impact
Upon approval of the $1,645,000 in additional funds, the revised aggregate value of
the contract will not exceed $2,949,147. Funds are available in various departments’
operating budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Authorizing the initial one-year contract and expenditures, Ordinance S-43211 on
Feb. 1, 2017;
· Authorizing the second year of support and additional expenditures, Ordinance S-
44503-0036 on May 2, 2018;



Page 99

· Authorizing the third year of support and additional expenditures, Ordinance S-
45376-0031 on Feb. 20, 2019;
· Authorizing the fourth year of support and additional expenditures, Ordinance S-
46400 on March 4, 2020;
· Authorizing the fifth year of support and additional expenditures, Ordinance S-
47322 on Feb. 17, 2021;
· Authorizing the sixth year of support, additional users and modules and additional
expenditures, Ordinance S-48445 on March 23, 2022.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Information
Technology Services Department.




Page 100



Report

Authorization to Sponsor City of Phoenix Fast-Track Cities HIV/AIDS Community
Outreach Events (Ordinance S-49508)

Request to authorize the City Manager, or his designee, to enter into or execute all
contracts, documents and agreements and take all other action necessary or
appropriate to provide funding to support HIV/AIDS awareness, testing, education and
support services for individuals living with HIV/AIDS through the City's Fast-Track
Cities Initiative. Aggregate expenditures will not exceed $250,000. Further request to
authorize the City Controller to disburse all funds related to this item. Funding is
available through the Human Services Department's General Fund.

Summary
The Fast-Track Cities Initiative is an international effort working to end the HIV/AIDS
pandemic, and the City of Phoenix is one of the 25 cities in the U.S. working to reach
this goal. The City's Fast-Track Cities community outreach sponsorships will serve to:
· Increase engagement, testing and awareness so that individuals know their HIV
status;
· Support linking those living with HIV treatment;
· Support efforts in continual care for those living with HIV; and
· Support follow-up conducted with individuals who fall out of care.

The City's Fast-Track Cities Initiative will sponsor HIV/AIDS community outreach
related events in the City of Phoenix. Events hosted by non-profits and other
community organizations will be sponsored by the City's Fast-Track Cities Initiative to
further the mission of raising awareness surrounding HIV/AIDS and further efforts
within the City to combat stigma and discrimination related to HIV/AIDS.

This action will ensure all sponsorships awarded have an ordinance against which the
funds can be drawn down.

Contract Term
The term of all contracts and agreements will be entered into and terminate between
Jan. 2, 2023, and June 30, 2025.




Page 101

Financial Impact
The aggregate value of the combined activities shall not exceed $250,000. Funding is
available through the Human Services Department's General Fund.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.




Page 102



Report

Gated Alley Program Updates

Request City Council approval to allow neighborhoods to install customized gates
based on specific criteria and use available Community Development Block Grant
funds to gate additional alleys in focused areas of the City's Community Safety Plans.

Background
As a result of the overwhelming demand and success of the Gated Alley Program
Pilot, City Council approved funding in the Fiscal Year (FY) 2022-23 program budget
for an ongoing permanent Gated Alley Program. This action included creating a new
project manager position in the Neighborhood Services Department (NSD) and
allocated $500,000 in general funds to install gates for an estimated 45 alley
segments.

In September 2022, City Council approved the program, and the gate installations
became a City function, rather than a neighborhood grant program. Interested
residents requested gating their alleys by meeting eligibility requirements and
submitting a request form. Neighborhoods could install the gate themselves using their
own funding or apply for the City to install the gates through the allocated funding, with
$100,000 set aside to ensure equitable access for low- and moderate-income
neighborhoods.

Summary
Through Jan. 15, 2023, the Gated Alley Program received 137 requests. After a
thorough review involving the Neighborhood Services, Public Works and Planning and
Development departments, a total of 46 alley segments across the City were
approved, including 10 in low- and moderate-income neighborhoods. Staff are working
with two contracted gate installation vendors on the installation schedule, with a
currently estimated completion in the spring.

Of the 91 remaining requests, 32 alley segments have been fully vetted and eligible;
14 segments are not eligible due to the alley locations’ circumstances; and 45 requests
are still under review.

Neighborhood Services staff continue to receive interest and feedback from the


Page 103

community, including recently conducting a satisfaction survey for neighborhoods the
23 alley segments included in the expanded pilot, who have had their alleys gated for
one year. A total of 18 responses were provided from neighborhoods located in Council
Districts 1, 3, 4, 5 and 7.

All respondents provided positive feedback, noting they felt their properties and their
safety are better protected with the gates. Of the residents surveyed, no fires or graffiti
were reported in the year since the alleys were gated; all but one reported no illegal
dumping; all but one reported no encampments and; all but two reported no criminal
activity. Even those who did report these activities noted a decrease in the activity
since the gates were installed. An alley captain from District 3 commented they “feel so
much safer, more comfortable leaving home or being home alone.” An alley captain in
District 4 explained that prior to having a gated alley, their neighborhood constantly
had to deal with illegal dumping issues.

Some of the respondents noted a few issues they experienced with the gates’
functionality, particularly with the locks. Four respondents found gate locks that have
been cut, locks that were jammed due to being pried open, or locks that were simply
faulty. Staff worked with the contractors to add a metal plate to deter this activity and
are working with lock companies to find additional solutions to these issues.

Request for Customized Gates
Recently, one of the residents of the Royal Palm neighborhood expressed an interest
in using program funds to install gates matching those they installed during the early
pilot, which differ from the design standards established by the Gated Alley Program.
This would provide better continuity with the existing neighborhood funded gates that
reflect the community's appearance. However, since the newly launched Gated Alley
Program made the installation and maintenance of the gates a city function, it would
not be economically feasible to accommodate varying standards for gates in every
neighborhood. NSD worked with the resident to develop a recommendation for new
option for neighborhoods with approved gated alley requests to seek customization of
their gates.

To be eligible for the customization option, the requestor must:
· Partner with an established non-profit or business registered with the Arizona
Corporation Commission. This could be a neighborhood organization, if they have
nonprofit status.
· Agree to receive prior review and approval of the gate design, which must meet or
exceed the Gated Alley Program design standards.
· Agree to separately fund any costs beyond the average installation cost per city


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standard gate.
· Agree that the city will reserve the right to remove or replace the gates with
standard gates if they are not maintained in good appearance and working order.
· Agree that if the gates are not completed within the fiscal year in sufficient time for
the city to expend the funds, the funds may not be available.

The partnering nonprofit or business would be required to enter into an agreement with
the city to install the gates in accordance with the above criteria and be reimbursed up
to the average amount for the cost, or the city could direct pay the installation
contractors if they meet the additional requirements. The agreement would require all
necessary permits and approvals be obtained, Gated Alley Program locks be used,
and any other necessary procedures or standards as they are identified and worked
thru with the city and neighborhood association.

Community Safety Plans
In February 2022, the City Council approved a 27th Avenue Community Safety Plan
that included an action to identify potential alleys, as appropriate, to recommend
further expansion of the Gated Alley Program Pilot as part of the Safety of Public Areas
strategy. A similar 19th Avenue Community Safety Plan was later developed and
approved in the FY 2022-23 Budget. While the Gated Alley Program provides broad
funding for citywide alley gates, limited funding does not currently allow for the
prioritization of these Community Safety Plan corridors, which are predominately in low
- and moderate-income census tracts. Currently, there are more than a dozen requests
submitted that do not have available funding in these corridors. Staff recommends
using Community Development Block Grant (CDBG) funds to help fund additional
gates in these corridors, as available.

Funding Impact
Funding for potential alley segments to be gated through the Gated Alley Program as
part of the Community Safety Plans is made available through the CDBG. There is no
impact to the General Fund.

Concurrence/Previouis Council Action
On Feb. 1, 2023, the Community and Cultural Investment Subcommittee
recommended City Council approval of the addition of the Customized Gates Request
option to the Gated Alley Program and approval to use CDBG to help fund additional
alley segments within the 27th Avenue and 19th Avenue Community Safety Plans.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.


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Report

Private Property Cleanup Program Pilot Update

Request City Council approval of the Private Property Cleanup Program Pilot
framework, based on feedback and recommendations from the community listening
sessions conducted by the Neighborhood Services Department, and allow for flexibility
on the program implementation in its first year.

Summary
From 2019 to 2022, the number of unsheltered individuals in Phoenix increased from
2,030 to 3,096, almost 53 percent, according to the Maricopa County Point-in-Time
Count. During that same time, PHX C.A.R.E.S. calls increased from 4,237 to a
projected 11,034, more than 260 percent. Through the work of multiple departments
and the Office of Homeless Solutions, the City is working to provide a variety of
effective long-term solutions for homelessness, including shelter, housing, and
services. In addition to providing assistance to individuals experiencing homelessness,
the City of Phoenix is committed to addressing the impacts of homelessness on private
property owners and neighborhoods. In the Neighborhood Strategies section of the
clean-up program was recommended to help alleviate the disproportionate burden
experienced by some property owners when people experiencing homelessness seek
refuge in, or transition through, their neighborhoods. For Fiscal Year 2022-23, the City
Council approved funding for the Neighborhood Services Department (NSD) to explore
a pilot private property clean-up program.

NSD staff considered a variety of factors in developing a program framework for the
new pilot. Among those considerations were the following:
1. Anticipated high demand due to increasing community complaints about
encampments in both concentrated areas and expanding to new areas of the City;
2. Limited funding for the pilot which could not serve all residents who may be
interested;
3. Legal concerns regarding activity on private property, including liability concerns
regarding potential damage of property; and
4. Practical need from the community, including identifying the property for which
private owners are responsible.



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Based on these considerations, staff recommends two categories for the Private
Property Cleanup Program pilot, leveraging existing resources:
1. Expansion of Enhanced Cleanups, providing additional biohazard waste cleanups
in targeted locations identified in partnership with the community in the areas
covered by regularly scheduled enhanced cleanups around the Human Services
Campus and Hatcher Road.
2. Individual Property Cleanup Assistance with multiple levels of service with specific
criteria, as described below.

Individual Properties
Roll-off Dumpster Assistance
NSD will work with the Public Works Department to coordinate the delivery of a roll-off
dumpster or appropriate size waste receptacle to the property site to aid in the
collection and hauling of trash and debris. The property owner would be responsible
for placing trash and debris into the roll-off container. Additionally, the City will assist in
the disposal of biohazard waste, if needed, through an existing contract.

Eligibility Criteria:
· Property owner has had more than two cases in the PHX C.A.R.E.S. Customer
Relationship Management system within the most recent 12 months resulting in
blight and/or biohazards from unauthorized individuals on private property;
· Property owner demonstrates they have cleaned the property at their own expense
at least four times in a calendar year;
· If property is a business, it must have fewer than 20 employees;
· Property owner has completed and signed an up-to-date Authority to Arrest (ATA)
form and commits to update the form annually with the Phoenix Police Department;
· Property owner has posted appropriate no trespassing signage in areas
recommended by the Phoenix Police Department;
· Property owner does not allow individuals to live or sleep on the property; and
· Property owner submits a request, signs an agreement, completes a liability waiver,
and takes other actions necessary to participate in the program.

Right-of-Way (ROW) Cleanup
NSD will work with the Street Transportation Department to coordinate a cleanup of
the ROW (area up to 25 feet from the edge of the curb to the edge of the property line)
adjacent to an eligible private property that has experienced blight issues related to
homelessness more than two times within a six-month period. An assessment by a
Neighborhood Specialist would help determine the type of cleanup services needed to
clear the ROW of any trash, debris and other safety hazards. Additionally, the City will
assist in the disposal of biohazard waste, if needed, through an existing contract.


Page 107


Eligibility Criteria (Includes all the criteria listed for the Roll-off Dumpster Assistance
service, plus the following):
· Property owner has completed the Roll-off Dumpster Rental Assistance service
within the last six months;
· Property owner has completed and implemented all the Crime Prevention Through
Environmental Design (CPTED) concepts as recommended by Phoenix Police; and
· Property owner does not have other open cases with NSD, Planning and
Development, or other City departments.

Advanced Private Property Cleanup
If within six months of completing a ROW Cleanup, exceptional blight issues continue
to persist on the ROW and areas within the private property boundaries, NSD may
work with the Street Transportation Department to perform a clean-up of the private
property up to 10 feet from a physical structure (e.g. building, monuments, signs,
artwork or other structures) and adjacent ROW. Additionally, the City will assist in the
disposal of biohazard waste, if needed, through an existing contract.

Eligibility Criteria (Includes all the criteria listed for the Roll-off Dumpster Assistance
service, plus the following):
· Property owner has completed the ROW Cleanup within the last six months;
· Staff verified persistent blight issues; and
· NSD Director approves the need for the enhanced services based on exceptional
conditions.

Public Outreach
NSD presented an initial conceptual framework to the Community and Cultural
Investment (CCI) Subcommittee on Dec. 7, 2022, which included a broader level of
support for the current Enhanced Cleanups areas.

Following that presentation, staff hosted community listening sessions as an
opportunity to better understand how the community would respond to the conceptual
framework and to seek feedback and ideas for improvement. In January 2023, staff
presented at the Hatcher Urban Businesses (theHUB) group and, in February, held a
focused meeting with the Madison Pioneer Coalition. These groups represent
stakeholders in the areas where the Expansion of Enhanced Cleanups were proposed.
Feedback from community members of theHUB and Madison Pioneer Coalition was
mixed. Both appreciated the city's intent to support clean neighborhoods, however
many noted they did not feel the resources provided would be enough to make a
meaningful impact, and several members recommended other uses of the funds to


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address the underlying issues.

While both groups provided similar feedback, several members of the Madison
Pioneer Coalition mentioned that specific areas could benefit from more frequent
biohazard waste cleaning, disposal and sanitization. Their recommendation was to
pilot more frequent biohazard cleanups in known areas where waste often
accumulates. This resulted in changes to staff’s final recommended framework.

Staff also conducted a citywide community listening session on Feb. 22, 2023, to
receive broad input on the framework, particularly the Individual Private Properties
Cleanup's three levels of cleanup assistance. Participants asked detailed questions at
the meeting which demonstrated a high level of interest in the program and the need
for flexibility as staff continues to refine the program design, especially in the
remainder of the current fiscal year. Additionally, staff developed an online feedback
form and survey as an option for residents and business owners who could not attend
the meeting. Based on the feedback from both the survey and meeting, participants
felt the cleanup service would be valuable to property owners and their neighborhoods,
with a positive impact. The majority of respondents felt the eligibility criteria for each of
the levels of service were reasonable and a means to reduce possible exploitation of
the program.

Financial Impact
pilot private property cleanup program and to hire a Project Management Assistant to
manage requests and coordination.

Concurrence/Previous Council Action
On March 6, 2023, the Community and Cultural Investment Subcommittee
unanimously recommended City Council approval of the framework of the Private
Property Cleanup Program Pilot by a vote of 3-0.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.




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Report

Community Development Block Grant American Disability Act Housing
Rehabilitation Subrecipient Award (Ordinance S-49506)

Request to authorize the City Manager, or his designee, to enter into contract with
Ability360 to administer the American Disability Act (ADA) Home Accessibility
Modifications Program. This program will perform repairs to improve the accessibility
of homes of low- and moderate-income disabled and or elderly Phoenix residents. The
Home Accessibility Modifications Program is funded by the Community Development
Block Grant (CDBG); the aggregate contract value will not exceed $200,000. Further
request authorization for the City Controller to disburse all funds related to this item.

Summary
The Neighborhood Services Department's (NSD) Home Accessibility and Modification
Program performs ADA supportive home repairs to address physical, visual, and
auditory barriers and health hazards that prohibit safety and accessibility. These
interior and exterior improvements, which include installing wheelchair ramps,
replacing traditional bathtubs with walk-in showers, widening doorways, and lowering
countertops for example, provide safeguards which improve the level of self-sufficiency
and quality of life. Disabled and/or elderly low- to moderate-income Phoenix
homeowners and tenants citywide are eligible.

Procurement Information
On Dec. 8, 2022, NSD issued a Request for Proposal (RFP) (NSD-RFP-23-001) to
enter into a contract to administer ADA supportive home accessibility and modification
services; and received two responsive proposals. An evaluation panel comprised of
City staff evaluated the proposals based on the following criteria for a total of 1,000
total possible points:
· Proposed Outcome and Impact (400 points)
· Capability (200 points)
· Project Budget (200 points)
· Project Description and Need (100 points)
· Track Record (100 points)

The panel determined only Ability360's proposal met the RFP's eligibility criteria,


Page 110

receiving a consensus score of 654 points and recommended NSD award Ability360 a
Subrecipient contract to administer the CDBG funded ADA Home Accessibility
Modifications Program.

Contract Term
The contract will commence on or about March 23, 2023, for one year. The initial term
of the contract may be extended for one year at the City's sole discretion.

Financial Impact
The Home Accessibility and Modification Program is funded by the U.S. Department of
Housing and Urban Development (HUD) Community Development Block Grant; there
will be no impact on the General Fund. The aggregate contract value will not exceed
$200,000.

Concurrence/Previous Council Action
The Community and Cultural Investment Subcommittee recommended approval of this
item by a unanimous vote of 3-0 on March 6, 2023.

Previous authorizations for various CDBG Housing Rehabilitation Programs were
approved by City Council through Ordinance S-48602 on May 11, 2022, Formal
Meeting.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.




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Report

Additional Neighborhood Commercial Rehabilitation Loan Agreement Payment
Authority - Sandhu Investments, LLC (Ordinance S-49524)

Request to authorize the City Manager, or his designee, to increase payment authority
by $150,000, for a total loan amount of up to $250,000, with Sandhu Investments, LLC
for facade and site improvements through the Neighborhood Commercial
Rehabilitation program for their tenant, Hotel Electric, LLC. Further request
authorization for the City Controller to disburse all funds related to this item. This
program is funded by the U.S. Department of Housing and Urban Development; no
General Funds are required.

Summary
On April 21, 2021, City Council authorized City Manager, or his designee, to enter into
a loan agreement with Sandhu Investments, LLC for up to $100,000 (Ordinance S-
47499). The Neighborhood Commercial Rehabilitation (NCR) offers Community
Development Block Grant (CDBG) funding for property owners to complete exterior
improvements through a deferred loan, secured by a Deed of Trust which is forgiven
over a period of up to 10 years. Unforeseen economic inflation and delays related to
COVID resulted in increased construction costs. The additional spending authority is
necessary to complete the NCR project.

Financial Impact
The CDBG Program is funded by the U.S. Department of Housing and Urban
Development; there is no impact to the General Fund. With the $150,000 dollars of
additional funds, the revised total maximum value is now $250,000.

Location
10402 N. 19th Ave.
Council District: 3

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.




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Report

Additional Neighborhood Commercial Rehabilitation Loan Agreement Payment
Authority - Ricardo Sosa (Ordinance S-49525)

Request to authorize the City Manager, or his designee, to increase payment authority
by $100,000, for a total loan amount of up to $250,000 with Ricardo Sosa for facade
and site improvements to the Salon Sosa property through the Neighborhood
Commercial Rehabilitation program. Further request authorization for the City
Controller to disburse all funds related to this item. This program is funded by the U.S.
Department of Housing and Urban Development; no General Funds are required.

Summary
On Jan. 5, 2022, City Council authorized City Manager, or his designee, to enter into a
loan agreement with Ricardo Sosa for up to $150,000 (Ordinance S-48233). The
Neighborhood Commercial Rehabilitation (NCR) offers Community Development Block
Grant (CDBG) funding for property owners to complete exterior improvements through
a deferred loan, secured by a Deed of Trust which is forgiven over a period of up to 10
years. Unforeseen economic inflation and delays related to COVID resulted in
increased construction costs. The additional spending authority is necessary to
complete the NCR project.

Financial Impact
The CDBG Program is funded by the U.S. Department of Housing and Urban
Development; there is no impact to the General Fund. With the $100,000 dollars of
additional funds, the revised total maximum value is now $250,000.

Location
6834 S. Central Ave.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.




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Report

Additional Neighborhood Commercial Rehabilitation Loan Agreement Payment
Authority - Greektown, LLC (Ordinance S-49527)

Request to authorize the City Manager, or his designee, to increase payment authority
by $150,000, for a total loan amount of up to $250,000, with Greektown, LLC (dba
Greektown Restaurant) for facade and site improvements through the Neighborhood
Commercial Rehabilitation program. Further request authorization for the City
Controller to disburse all funds related to this item. This program is funded by the U.S.
Department of Housing and Urban Development; no General Funds are required.

Summary
On April 21, 2021, City Council authorized City Manager, or his designee, to enter into
a loan agreement with Greektown, LLC (dba Greektown Restaurant) for up to
$100,000 (Ordinance S-47500). The Neighborhood Commercial Rehabilitation (NCR)
offers Community Development Block Grant (CDBG) funding for property owners to
complete exterior improvements through a deferred loan, secured by a Deed of Trust
which is forgiven over a period of up to 10 years. Unforeseen economic inflation and
delays related to COVID resulted in increased construction costs. The additional
spending authority is necessary to complete the NCR project.

Financial Impact
The CDBG Program is funded by the U.S. Department of Housing and Urban
Development; there is no impact to the General Fund. With the $150,000 dollars of
additional funds, the revised total maximum value is now $250,000.

Location
8519 N. 7th St.
Council District: 3

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood
Services Department.




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Report

Athletic Field Markings - Request for Award (Ordinance S-49511)

Request to authorize the City Manager, or his designee, to enter into a contract with
VP Construction Services, LLC dba Sport Lines to provide field lining services for the
outdoor fields for youth and adult sports tournaments and leagues, in an amount not to
exceed $500,000 over the life of the contract. Further request authorization for the City
Controller to disburse all funds related to this item.

Summary
Parks and Recreation Department staff utilizes athletic field marking services to line
outdoor fields for sports activities. The fields require continued lining maintenance for
ongoing tournaments and league play throughout the City for youth and adult sports
including soccer, softball and specialty sports.

Approximately 80 to 90 percent of contract expenses are for field lining services at the
Reach 11 Sports Complex. Reach 11 offers 24 to 26 tournaments each year for sports
activities such as soccer, lacrosse and Ultimate Frisbee. A different tournament is held
each weekend from September to the end of April, and each organization/promoter
requires a different field layout for field lining. It is imperative to each tournament that
each field is painted to the correct size/layout (full-size or half fields, dependent on the
age group of the activity). It is not uncommon for some tournaments to have up to five
different-sized fields that require specific line markings.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as the result of an approved Determination Memo citing Sole Source. VP Construction
Services, LLC dba Sport Lines is the only provider servicing the Phoenix area.

Contract Term
The initial five-year contract term will begin on or about March 1, 2023, with five
additional one-year options to extend for a total contract term of up to 10 years.

Financial Impact
The aggregate contract value will not exceed $500,000, including applicable taxes.
Funds are available in the Parks and Recreation Department's budget. Contract


Page 115

expenditures for lining services at Reach 11 are recouped through permit fees and
deposited into a restricted fund for Reach 11 use only.

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.




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Report

Enter into Contract for Medical Laboratory Testing Services for the Fire
Department Health Center (Ordinance S-49498)

Request authorization for the City Manager, or his designee, to enter into a contract
with Sonora Quest Laboratories, LLC for medical laboratory testing services for the
Fire Department Health Center for $1,296,526 over a five-year period. Further request
authorization for the City Controller to disburse all funds related to this item.

Summary
The Phoenix Fire Department Health Center provides approximately 3,000 annual
firefighter physical examinations for multiple fire departments throughout the Phoenix
metropolitan area. Blood and urine samples are routinely collected for first responder
medical physical exams, exposures, or injury visits. This contract is for the testing of
blood and urine samples. The Fire Department will be reimbursed for all associated
costs by participating jurisdictions for services provided to that jurisdiction.

Procurement Information
An Invitation for Bid, IFB 22-F04 Medical Laboratory Testing Services - Requirements
Contract, was conducted in accordance with Administrative Regulation 3.10. Four
offers were received on Oct. 19, 2022.

· ARCpoint Labs of Scottsdale $374,915 annually
· Maverick Health dba Maverick Solutions $980,020 annually
· Premier Lab Solutions, LLC $112,422.95 annually
· Sonora Quest Laboratories, LLC $259,305.30 annually

It is recommended by the Procurement Officer that the bid from Sonora Quest
Laboratories be accepted as the lowest, responsive and responsible bidder, based on
estimated quantities as Premier Lab Solutions was deemed non-responsive.

Contract Term
This request is to contract with Sonora Quest Laboratories, LLC for a five-year period
beginning on or about April 1, 2023.




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Financial Impact
The aggregate five-year cost shall not exceed $1,296,526. Funds for this contract are
included in the Fire Department's budget.

Location
Phoenix Fire Department Health Center, 150 S. 12th St.
Council District: 8

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Fire Department.




Page 118



Report

Request to Apply for and Accept 2022 Staffing for Adequate Fire and Emergency
Response (SAFER) Grant (Ordinance S-49528)

Request to retroactively authorize the City Manager, or his designee, to apply for, and
accept, if awarded, up to $11,513,376 from Federal Fiscal Year (FFY) 2022 Staffing for
Adequate Fire and Emergency Response (SAFER) Grant Program funds. If awarded,
request to authorize the City Manager, or his designee, to add 32 new sworn positions.
Further request authorization for the City Treasurer to accept, and for the City
Controller to disburse, all funds related to this item. If not approved, the grant, if
awarded, would be declined and no new positions would be added.

Summary
The purpose of SAFER grants is to increase the number of firefighters to help
communities meet industry minimum standards and attain 24-hour staffing to provide
adequate protection from fire and fire-related hazards. The grant application will
request $11,513,376 to hire 32 new firefighter positions. These positions will be used
to increase service coverage area and improve emergency response time. Funding will
be distributed over a three-year period with no cost match required. If awarded, federal
funding will be up to $11,513,376, over the period of performance.

Contract Term
The grant period of performance, if awarded, is three years and is estimated to begin
around March 2024 with a program end date around May 2027.

Financial Impact
If awarded, the City of Phoenix Fire Department will receive up to $11,513,376 in grant
funding for 32 new firefighter positions. No match will be required from the City.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Fire Department.




Page 119



Report

Donation from Phoenix Police Foundation for Phoenix Police Cadet Program
(Ordinance S-49512)

Request to authorize the City Manager, or his designee, to accept a donation of
funding for the Phoenix Police Department Cadet Program from the Phoenix Police
Foundation for up to $30,000. Further request authorization for the City Treasurer to
accept all funds, and for the City Controller to disburse all funds related to this item.

Summary
The Phoenix Police Cadet Program is a Public Safety Program that provides young
adults with law enforcement training, leadership skills, and experiences with an
emphasis on the importance of community relationships. The program instills sound
morals and values, good physical fitness and provides many professional
opportunities. Cadets are assisted and encouraged to pursue a career in law
enforcement and mentored through the City of Phoenix career opportunities. The
Phoenix Police Cadet Program succeeded in approximately 45 professional
employments for the 2023 calendar year. Professional career employment gained by
the Cadets included Police Assistant, Police Officer, Police Aide, Secretary, Property
Tech, and COPS Volunteer.

This donation consists of funding to assist with annual expenses (not including salaries
and vehicles). This program traditionally operates a $25,000 to $30,000 revolving
budget. The grant request for calendar year 2023 is estimated at $30,000.

The Phoenix Police Foundation is a 501(c)(3) charitable organization. The Foundation
is committed to addressing unmet capital needs of the Phoenix Police Department,
providing financial assistance in crisis situations, and recognizing those who protect
our community.

Financial Impact
Cost to the City will include any salary and vehicle expenses, as well as any annual
expenses over the $30,000 donation. Funds are available in the Police Department's
budget.




Page 120

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




Page 121



Report

Donation from Phoenix Police Foundation for Phoenix Police Activities League
(Ordinance S-49513)

Request to authorize the City Manager, or his designee, to accept a donation of
funding for the Phoenix Police Activities League (PAL) Elite Basketball Program from
the Phoenix Police Foundation for up to $10,000. Further request authorization for the
City Treasurer to accept all funds, and for the City Controller to disburse all funds
related to this item.

Summary
The PAL Elite club provides underserved youth positive interactions with the police on
a weekly basis. Youth are given the opportunity to play a sport they enjoy and learn
many valuable skills needed to positively impact their communities now and in the
future. Youth learn teamwork, sportsmanship, discipline, communication, good
character, leadership skills, and responsibility. They also learn the value of hard work,
how to deal with adversity and how to handle success while participating in numerous
competitive tournaments throughout the valley.

The PAL Elite club provides high school athletes from the underserved community with
the opportunity to be seen by college coaches from around the country and to be
ranked locally and nationally. This greatly increases their chances of earning full or
partial scholarships toward a college education. The club also provides camps and
clinics for underserved youth in the elementary and middle school grades. Athletes in
middle school are also given the opportunity to play on PAL teams in local tournaments
and leagues.

This donation consists of $10,000 in funding to cover expenses including tournament
entry fees, equipment and uniforms.

The Phoenix Police Foundation is a 501(c)(3) charitable organization. The Foundation
is committed to addressing unmet capital needs of the Phoenix Police Department,
providing financial assistance in crisis situations, and recognizing those who protect
our community.




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Financial Impact
There is no cost to the City.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




Page 123



Report

Donation from Phoenix Police Foundation for Phoenix Police Department
Downtown Operations Unit (Ordinance S-49514)

Request to authorize the City Manager, or his designee, to accept a donation of two
TYR Tactical Ballistic Shield Kits for the Phoenix Police Department Downtown
Operations Unit from the Phoenix Police Foundation for up to $35,082.86. Further
request authorization for the City Treasurer to accept all funds, and for the City
Controller to disburse all funds related to this item.

Summary
The Downtown Operations Unit (DOU) provides police coverage for the downtown
Phoenix area which includes sporting and event venues, as well as many high-rise
office and apartment buildings. DOU currently has handheld ballistic shields that
provide protection against rifle projectiles which are limited to specific functions. Over
the years, ballistic protection technology has improved with increased stopping
capability while decreasing the weight of ballistic shields. Since this technology is
essential to our job function and safety, having proper ballistic shield protection for
tactical events is crucial.

The TYR Tactical Shield Kit is designed to overcome the gaps found in the current
handheld ballistic shields we currently possess. The Kit has the capability to stand
alone and provide cover and concealment without manually being held by hand by an
officer. Previous older models of a similar nature where heavier in weight and were not
practical for transport and assembly during a short time frame. The specialized
advancements of the TYR Tactical Shield Kit provide a tactical advantage by allowing
officers to quickly transport and assemble the shield system to be used in any type of
structure or situation.

The Shield Kits would provide DOU officers optimal ballistic protection in a high-rise
structure that contains long hallways or corridors where cover is very limited when
confronting an armed threat or needing ballistic protection to conduct evacuations of
bystanders. Having a stand-alone ballistic shield system/bunker allows officers to
remain on the exterior of a structure/room for above average time frames without
having the need to periodically switch out officers manually holding a ballistic shield.
Having light weight ballistic shields on a three-wheeled dolly system provides cover in


Page 124

a situation when a person is located, officers can safely communicate with the
potentially violent criminal offender and aid in negotiating a peaceful surrender from a
ballistic protected position of tactical advantage.

This donation consists of $35,082.86 in funding to purchase two TYR Tactical Ballistic
Shield Kits.

The Phoenix Police Foundation is a 501(c)(3) charitable organization. The Foundation
is committed to addressing unmet capital needs of the Phoenix Police Department,
providing financial assistance in crisis situations, and recognizing those who protect
our community.

Financial Impact
There is no cost to the City.

Location
Downtown Phoenix corridor
Council Districts: 7 and 8

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




Page 125



Report

Donation from Phoenix Police Foundation for Phoenix Police Department
Tactical Support Bureau and Canine Unit (Ordinance S-49515)

Request to authorize the City Manager, or his designee, to accept a donation of
funding for one Throwbot 2 Robot for the Phoenix Police Department Tactical Support
Bureau and one K9 Storm Vest for the Canine Unit from the Phoenix Police
Foundation for up to $19,519. Further request authorization for the City Treasurer to
accept all funds, and for the City Controller to disburse all funds related to this item.

Summary
The Tactical Support Bureau, including the Canine Unit, is responsible for handling all
violent and potentially violent incidents, particularly involving barricaded subjects. The
use of a police canine provides officers with a tactical advantage when searching for
criminal suspects. This advantage is an invaluable tool in the rapid detection of
criminal suspects and protection of officers to ensure the safety of the community.

To assist the K-9 team during searches, the K-9 Unit is requesting a Throwbot 2 robot.
This "robot" is remote controlled, which allows the person controlling the equipment to
view the environment from a protected position prior to any officer or canine entering a
structure or location. This "robot" can be deployed from a safe distance and are
designed to be thrown, due to their robust design. Each "robot" can withstand repeated
drops from 30 feet onto concrete. They can also be forward deployed in a residential
structure or large building. This allows the search team to partition the search while
being able to see any approaching threats.

Having knowledge of the environment and threats within prior to entering a structure is
always preferred and difficult to achieve. This technology, already in use by multiple
units within the Phoenix Police Department, will reduce the surprise and sometimes
violent encounters with subjects by allowing the team to develop entry and arrest plans
based on factual information.

Additionally, the K9 Storm Vest is a wraparound level II ballistic soft armor vest which
will be issued to Officer Fisher and K9 Eli. This vest will protect K9 Eli from pistol
caliber projectiles and is stab resistant. K9 Eli is deployed on numerous high-risk
incidents every week. The Phoenix Police Department has lost numerous K9s to


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gunshot wounds and this would provide K9 Eli maximum protection.

This donation consists of $19,519 in funding to purchase one Throwbot 2 Robot and
one K9 Storm Vest.

The Phoenix Police Foundation is a 501(c)(3) charitable organization. The Foundation
is committed to addressing unmet capital needs of the Phoenix Police Department,
providing financial assistance in crisis situations, and recognizing those who protect
our community.

Financial Impact
There is no cost to the City.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




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Report

Donation from Phoenix Police Foundation for Phoenix Police Department
Citizens Offering Police Support Program (Ordinance S-49516)

Request to authorize the City Manager, or his designee, to accept a donation of
funding for Citizens Offering Police Support (COPS) Program from the Phoenix Police
Foundation for up to $10,000. Further request authorization for the City Treasurer to
accept all funds, and for the City Controller to disburse all funds related to this item.

Summary
The Phoenix Police Department Community Engagement Bureau (CEB) manages the
COPS program so that citizen volunteers and college interns can support the
department through non-enforcement roles and assistance. The program has
approximately 150 volunteers and 16 interns annually who contribute hundreds of
volunteer hours each year, helping in various ways, all throughout the community. This
donation will allow CEB to purchase shirts and baseball caps, which serve as uniforms
for the volunteers and interns to provide recognition and awareness The donation will
also allow as well as safety vest for volunteers who work with the Accessibility
Compliance Enforcement Program and the Motorist Assist Program.

This donation consists of $10,000 to be used for the purchase of uniforms and safety
vest for the COPS program.

The Phoenix Police Foundation is a 501(c)(3) charitable organization. The Foundation
is committed to addressing unmet capital needs of the Phoenix Police Department,
providing financial assistance in crisis situations, and recognizing those who protect
our community.

Financial Impact
There is no cost to the City.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




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Report

One Time Purchase of an Emergency Response MedStat Ambulance (Ordinance
S-49496)

Request to authorize the City Manager, or his designee, to enter into a contract with
Alternative Support Apparatus, LLC (ASAP) for the purchase of one MV500 MedStat
mini ambulance. Further request to authorize the City Controller to disburse all funds
related to this item. This item will not exceed $84,000.

Summary
The Public Works Department is responsible for purchasing fleet vehicles and
equipment including fire apparatus. The Fire Department was awarded $76,189 in
grant funds from the Gila River Indian Community (GRIC) and has requested the
purchase of one MV500 MedStat all-terrain mini ambulance for special events
emergency response. This unit will remedy a gap in response capabilities for special
events that have limited vehicle access due to venue constraints or crowd congestion.
Also, it will allow firefighters to navigate and maneuver in congested areas more easily
and provide much faster medical response times. The unit features a fully enclosed, all
aluminum patient compartment and allows for two attendants and a driver. The ability
to respond to medical emergencies and provide event transportation with limited and
restrictive access is critical to the department.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of a determination memo citing a time restriction. Due to current build times, a
grant time restriction, and specialty requirements, ASAP is being utilized for this
purchase.

Contract Term
This item will be a one-time purchase of one MV500 MedStat ambulance on or about
March 23, 2023.

Financial Impact
The grant is valued at $76,189, with the MV500 MedState being valued at $78,025
with tax. Due to potential build changes, the aggregate value will not exceed $84,000.



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Funding is available in the Fire Department's budget.

Concurrence/Previous Council Action
The City Council authorized the application and acceptance of the tribal gaming grant
funds from the GRIC on July 1, 2022. (Ordinance S-39421)

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and Deputy City Manager
Mario Paniagua, and the Fire and Public Works departments.




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Report

Residential Lot Cleaning Services Contract - RFP 23-015 - Request for Award
(Ordinance S-49488)

Request to authorize the City Manager, or his designee, to enter into a contract with
Berry Realty & Associates, Inc. to provide residential lot cleaning 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 $3,350,000.

Summary
As a part of the ongoing Community Noise Reduction Program, the Aviation
Department owns 816 undeveloped, vacant land parcels surrounding Phoenix Sky
Harbor International Airport located in both residential and industrial areas. The
contractor will provide residential lot cleaning services for the parcels that include
rights-of-way, alleys, and easements. The services will include vegetation control, trash
removal, removal of illegally dumped materials, rock harrowing, fence installation and
repair, tree maintenance and removal, sign installation and repair, pest control, and
other services associated with property management. Upkeep of the vacant parcels is
imperative to the communities that live and work in neighboring areas.

Procurement Information
A Request for Proposal procurement was processed in accordance with City of
Phoenix Administrative Regulation 3.10.

Three vendors submitted proposals and were 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 (0-350 points)
Qualifications and Experience of Firm (0-300 points)
Operations and Staffing Plans (0-200 points)
Fee Schedule (0-150 points)

The following vendor is selected for award:

Berry Realty & Associates, Inc.


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Additional proposers:
Clean Scene AZ, LLC
Pendragon Junk Removal, LLC DBA Skunky's Junk Removal

Contract Term
The contract will begin on or about April 1, 2023, for a three-year term with two one-
year options to extend for a five-year term. The options to extend may be exercised at
the sole discretion of the Aviation Director.

Financial Impact
The contract value will be up to $3,350,000 for the five-year contract term.

Funding is available in the Aviation Department's budget.

Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended approval of this item on Jan. 19,
2023 by a vote of 6-0.

Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




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Report

Authorization to Amend Lease with BWC, LLC to Extend Term (Ordinance S-
49493)

Request to authorize the City Manager, or his designee, to amend Lease Agreement
135009 with BWC, LLC to extend the lease term for two years, with two additional, one
-year options to extend. Further request authorization for the City Treasurer to accept
all funds related to this item.

Summary
BWC, LLC (BWC) leases approximately 1,300 square feet of interior space located at
1945 W. Dunlap Ave., Suite 8. The space is utilized for the purposes of a beauty salon.
The term of the lease agreement expires March 31, 2023. The lease agreement will be
amended to extend the term for two years, with two additional one-year options to
extend. Base rent during the two-year extension is $1,228.50 per month, plus
applicable taxes, which is a three percent increase in the current rent and is within the
range of market rents as determined by the Real Estate Division. Each option period
will be exercised upon mutual agreement by the City and BWC, with annual base rent
adjustments of three percent at the beginning of each option period. All other terms
and conditions will remain the same. BWC is a long-term tenant in good standing.

Contract Term
The term of the lease agreement will be extended two years, with two additional, one-
year options to extend.

Financial Impact
Revenue during the initial year of the extended term will be $14,742, plus applicable
taxes.

Concurrence/Previous Council Action
· Agreements 135009, 135009-1, 135009-2, and 135009-3 authorized by Ordinance
S-39268 adopted Oct. 17, 2012.
· Agreements 135009-4, 135009-5, 135009-6, 135009-7, and 135009-8 authorized
by Ordinance S-44310 adopted March 7, 2018.



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Location
1945 W. Dunlap Ave., Suite 8
Council District: 5

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
and Finance departments.




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Report

Amend Ordinance S-48404 for Acquisition of Real Property for Bus Stop
Enhancements at Various Locations (Ordinance S-49492)

Request the City Council to amend Ordinance S-48404 to grant an exception pursuant
to Phoenix City Code section 42-20 to authorize inclusion of indemnification and
assumption of liability provisions that otherwise would be prohibited by Phoenix City
Code 42-18 in the documents pertaining to the Arizona Department of Administration
acquisition.

Summary
A sidewalk easement is being acquired from the Arizona Department of Administration
(ADOA) at the property located at 1400 W. Washington St. for bus stop enhancements.
The ADOA is requiring that the City indemnify the State for any loss, cost, or damage
as a result of any negligent installation, excavation, maintenance, repair or other work
performed by City within the sidewalk easement.

All other conditions and stipulations previously stated in the above referenced
ordinance will remain the same.

Concurrence/Previous Council Action
Ordinance S-48404 was adopted on March 23, 2022.

Location
15th Avenue and Washington Street.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
and Finance departments.




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Report

Hydraulic Hose Repair and Replacement - IFB 23-FSD-033 - Contract
Recommendation (Ordinance S-49489)

Request to authorize the City Manager, or his designee, to enter into a contract with
Bridgestone HosePower, LLC, dba HosePower USA to provide hydraulic hose repair
and replacement services. Further request to authorize the City Controller to disburse
all funds related to this item. This contract will have a not to exceed value of
$1,000,000.

Summary
The Public Works and Aviation departments are responsible for maintaining a diverse
fleet with a multitude of hydraulic hose configurations. Repair and replacement of
these hoses are essential to keep vital equipment, such as refuse trucks, backhoes,
graders, etc., functioning for City services, as well as keep equipment at airports
running that provide runway, taxiway and gate maintenance. This contract will be used
to allow the vendor to repair hoses, while also allowing them to replace hoses that are
not able to be repaired.

Procurement Information
Invitation for Bid 23-FSD-033 was conducted in accordance with Administrative
Regulation 3.10. The Public Works Department received one offer on Nov. 30, 2022.
One group was identified in the bid submittal: labor charges; and parts pricing, with a
grand total being used for evaluation. The following offer was received for hourly labor
rate for Hydraulic Hose Repair and Replacement and deemed to be responsive and
responsible to all specifications.

Bridgestone HosePower, LLC, dba HosePower USA: $140.00

Contract Term
This contract will begin on or about April 1, 2023 with a three-year initial term and two
one-year options to extend, for a total contract term of five years.

Financial Impact
This contract will have an estimated annual expenditure of $200,000 with a total value
not to exceed $1,000,000.


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Funding is available in the Aviation and Public Works departments' budget.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation and
Public Works departments.




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Report

Auto Body Repair IFB 23-FSD-037 - Contract Recommendation (Ordinance S-
49502)

Request to authorize the City Manager, or his designee, to enter into separate
contracts with Desert Edge Auto Body LLC, Chaney's Collision Centers, Sands Motor
Co. Inc., and Velocity Truck Center for the purpose of auto body repairs, fabrication
and painting services for the City of Phoenix vehicles and equipment. The contracts
will have an estimated total value of $7,600,000. Further request to authorize the City
Controller to disburse all funds related to this item.

Summary
The Aviation and Public Works departments operate a diverse fleet with vehicles
ranging from passenger vehicles, light duty to heavy duty trucks, emergency vehicles
and off road equipment. These contractors will be responsible for making general body
repairs resulting from accidents and/or vandalism to ensure that City vehicles and
equipment are professionally repaired and mechanically safe for operation.

Procurement Information
Invitation for Bid 23-FSD-037 was conducted in accordance with Administrative
Regulation 3.10. Five offers were received on Dec. 14, 2022 by the Public Works
Department. The offers were evaluated based on price, responsiveness to all
specifications, terms and conditions, and responsibility to provide the required
services, with two groups receiving no bids. One offer was deemed non-responsive
due to the inability to provide the required certifications. For Group I and II, the low bid
offers were determined by the total dollar amount of the estimate on the bid submittal
form, and Group V was determined by hourly rate. Due to the large volume of repair
work, multiple vendors are being recommended for contract award.

Group I - Passenger Cars and Light Duty Trucks
Desert Edge Auto Body LLC: $56,760.75
Chaney's Collision Centers: $59,096.23
Sands Motor Co. Inc.: $62,779.64

Group II - Medium and Heavy Duty Trucks
Velocity Truck Center: $52,478.89


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Group V - Painting Services (Only)
Desert Edge Auto Body LLC: $48.50
Velocity Truck Center: $110.00

Contract Term
The initial three-year contract term shall begin on or about April 1, 2023 with two
options to extend in up to one-year increments for a total contract option term of five
years.

Financial Impact
The contracts will have a $1,520,000 estimated annual expenditure, with a total value
not to exceed $7,600,000 over the life of the contracts.

Funds are available in the Aviation and Public Works departments' budget.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation and
Public Works departments.




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Report

Apply for Maricopa Association of Governments Congestion Mitigation and Air
Quality Grant Opportunity for Federal Fiscal Year 2024-25 - Federal Bipartisan
Infrastructure Law Funding (Ordinance S-49490)

Request to retroactively authorize the City Manager, or his designee, to apply for,
accept and, if awarded, enter into agreement(s) for disbursement of Federal funding
from the Maricopa Association of Governments for the Congestion Mitigation and Air
Quality Regional Competitive Programs: 2022 Call for Projects Supplemental for
Systems Management and Operations through the Federal Fiscal Year 2024-25 grant
opportunity. Further request to authorize the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item. Funding for this grant opportunity
is available through the Federal Bipartisan Infrastructure Law. The total grant funds
applied for will not exceed $4.6 million and the City’s local match would not exceed
$535,000.

Summary
On Dec. 1, 2022, the Maricopa Association of Governments (MAG) announced a call
for projects for Congestion Mitigation and Air Quality: Systems Management and
Operations funding. There was approximately $9,422,482 of funding available under
the call.

The City submitted three applications for projects. These projects are intended to
install additional fiber, replace outdated and unsupported communication devices and
deploy adaptive signal technology and video detection at various intersections
throughout the City. Obtaining grant funding, either federal or non-federal, allows the
City to leverage local dollars to design, build and procure new projects and equipment
for the benefit of the community.

The MAG grant submittal deadline was Jan. 13, 2023.

Financial Impact
The estimated total cost for the three projects is $4,925,000. The maximum federal
participation rate is 94.3 percent with a minimum local match of 5.7 percent of the total
eligible project cost. If awarded all three applications, the federal match would not
exceed $4.4 million, and the City’s costs would be approximately $535,000 for the


Page 140

local match, which includes design.

If awarded, funding for the local match is available in the Street Transportation
Department’s Capital Improvement Program budget. Potential grant funding received
is available through the Federal Bipartisan Infrastructure Law, from MAG through the
Federal Fiscal Year 2024-25 Congestion Mitigation and Air Quality grant opportunity.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.




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Report

Water Main Replacement Area Bounded By: Camelback Road from 26th Street to
40th Street, 36th Street from Campbell Avenue to Colter Street, and 40th Street
from Hazelwood Street to Camelback Road - Construction Manager at Risk
Construction Services Amendment - WS85509055 (Ordinance S-49491)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 152340 with Talis Construction Corporation to provide additional
Construction Manager at Risk Construction Services for the Water Main Replacement
Area Bounded By: Camelback Road from 26th Street to 40th Street, 36th Street from
Campbell Avenue to Colter Street, and 40th Street from Hazelwood Street to
Camelback Road 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

Summary
The purpose of this project is to replace approximately 3.9 miles of four-inch to 12-inch
aging water mains and 27 fire hydrants within an area bounded by Camelback Road
from 26th Street to 40th Street, 36th Street from Campbell Avenue to Colter Street,
and 40th Street from Hazelwood Street to Camelback Road.

This amendment is necessary because additional time is needed on the project due to
unforeseen delays caused by traffic control restrictions along Camelback Road. This
amendment will provide additional time to the agreement.

Contract Term
The term of the amendment is one year 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 (CMAR) Construction Services
was executed for a fee not-to-exceed $7.23 million, including all subcontractor and
reimbursable costs.



Page 142

Concurrence/Previous Council Action
The City Council approved:
· CMAR Preconstruction Services Agreement 146352 (Ordinance S-44046) on Nov.
15, 2017;
· CMAR Preconstruction Services Agreement Rescind (146352)/Re-Award
Agreement 147763 (Ordinance S-44665) on June 6, 2018; and
· CMAR Construction Services Agreement 152340 (S-46662) on June 3, 2020.

Location
This project is located in the area bounded by:
· Camelback Road from 26th Street to 40th Street
· 36th Street from Campbell Avenue to Colter Street
· 40th Street from Hazelwood Street to Camelback Road
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.




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Report

Deer Valley Water Treatment Plant Rehabilitation 2019 - Engineering Services
Amendment - WS85260030 (Ordinance S-49499)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 150253 with Wilson Engineers, LLC to provide additional Construction
Administration and Inspection Services for the Deer Valley Water Treatment Plant
Rehabilitation 2019 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 $4.3 million.

Summary
The purpose of this project is to rehabilitate components of the Deer Valley Water
Treatment Plant. The City anticipates the following areas to be in need of rehabilitation:
solids handling facility, solids area drain pump station, facility-wide valve and gate
actuators, and electrical gear and duct banks for the Raw Water and Chemical
electrical buildings.

This amendment is necessary due to the additional scope of work that came from the
initial condition assessment during the design phase. The amendment will provide
additional funds and time to the agreement.

Wilson Engineers, LLC's additional services include, but are not limited to, obtaining all
required permits, providing agency coordination services, conducting construction
progress meetings, and providing Construction Administration and Inspection services.

Contract Term
The term of the amendment is four 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 $5.6 million, including all subconsultant and reimbursable costs.


Page 144

· This amendment will increase the agreement by an additional $4.3 million, for a
new total amount not to exceed $9.9 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 150253 (Ordinance S-45799) on June 19, 2019.

Location
30th Avenue and Dunlap Avenue
Council District: 1

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.




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Report

Zone 3D and 4A Improvements Program Water Treatment Plant Booster Pump
Stations - Engineering Services Amendment 1 - WS85100047, WS85110008,
WS85100050, WS85100052 and WS85110006 (Ordinance S-49500)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 148954 with Wilson Engineers, LLC, to provide additional Construction
Administration and Inspection Services for the Zone 3D and 4A Improvements
Program Water Treatment Plant Booster Pump Stations 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.

Summary
The purpose of this project is to replace the existing Finished Water Pump Station
(FWPS) at the Deer Valley Water Treatment Plant (DVWTP) to provide resiliency for
the water system and increase the plant's pumping capacity to supplement water in
the northern portions of Phoenix's water service area. The City of Phoenix Water
Services Department completed a study that identified infrastructure improvements to
move water in the distribution system as needed in the event there are restrictions
placed on Colorado River water delivered through the Central Arizona Project (CAP).
The City of Phoenix treats CAP water at the Union Hills and Lake Pleasant WTPs,
which supply water to north Phoenix. Following completion of the project, the new
pump station at the DVWTP will be able to augment the water supply in areas that
have typically received water from the City's CAP plants. In order to replace the
FWPS, it will be necessary to move the existing chemical storage and feed facilities at
the FWPS. The first phase of the project will include relocation and demolition of the
chemical facilities, and the second phase will include construction of the new FWPS.

This amendment is necessary because of the need to reprogram the timing of the
construction of the project due to cost increases and associated budget impacts. This
amendment will add more time to the agreement for completion of the project.

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


Page 146

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 $11.59 million, including all sub-consultant and reimbursable costs.

Concurrence/Previous Council Action
The City Council approved:
· Engineering Services Agreement 148954 (Ordinance S-45172) on Dec. 5, 2018.

Location
31st Avenue and Dunlap Avenue
Council District: 1

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department, and the City Engineer.




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Report

***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** Water Line Replacement
- Job Order Contracting Services Amendment - 4108JOC175 (Ordinance S-
49518)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreements 150254 with Talis Construction Corporation, 150255 with WaCo
Contracting, and 150256 with J Wise Corp. to provide additional Job Order Contracting
Services for the Water Line Replacement program. Further request to authorize
execution of amendments to the agreements 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 the
amendments will not exceed $18 million.

Summary
The purpose of this project is to continue to provide Job Order Contracting (JOC)
services on an as-needed basis to support the Water Line Replacement program.

The amendments are necessary as the contract will exhaust the initial contract funding
capacity within the first three years of the agreements' term. The amendments will
provide additional funding that is necessary due to the continuous need for the Water
Line Replacement program.

Contract Term
The term of the agreements will remain the same. 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 agreements for the JOC services were executed for a fee not to exceed
$12 million each, including all subcontractor and reimbursable costs.
· The amendments will increase the agreements by an additional $6 million each, for
a new total amount not to exceed $18 million each, including all subcontractor and
reimbursable costs.



Page 148


Funding for the amendments 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:
· Job Order Contracting Services Agreement 150254 Talis Construction Corporation,
150255 WaCo Contracting, and 150256 J Wise Corp. (Ordinance S-45802) on June
19, 2019.

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department, and the City Engineer.




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Report

24th Street Water Treatment Plant Rehabilitation 2021 - Construction Manager at
Risk Construction Services Amendment 1 - WS85290032 (Ordinance S-49494)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 154723 with PCL Construction, Inc., to provide additional Construction
Manager at Risk Construction Services for the 24th Street Water Treatment Plant
Rehabilitation 2021 project. Further request to authorize execution of amendments to
the agreement, as necessary within the City 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
$10,242,943.

Summary
The 24th Street Water Treatment Plant is a conventional water treatment facility with
the capacity to treat 140 million gallons per day of Salt River Project water with various
operations and processes. It was constructed in the 1950s and 1960s and received
various upgrades from 1990 to 2000. A condition assessment prioritized various
treatment systems in need of rehabilitation and/or replacement. The purpose of this
project is to address the repair or replacement of raw water pump station valves, flow
meters, flocculation basin inlet channel hydraulic modifications, gates and probes,
sedimentation basin weir plate, filter effluent pipes, meters, chemical feed area piping,
chemical and maintenance building minor repairs, solids handling backwash
equalization basin pumps, sludge blanket monitoring, backwash clarifier mechanism,
various electrical equipment such as transformers, standby generators, electrical
panels, and modifications at the administration building area, electrical building, and
chemical building.

This amendment is necessary to provide continued construction services. This
amendment will provide additional funds and 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.


Page 150


Financial Impact
· The initial agreement for Preconstruction and Construction Services was executed
for a fee not-to-exceed $300,000, including all subcontractor and reimbursable
costs.
· This amendment will increase the agreement by an additional $10,242,943, for a
new total amount not-to-exceed $10,542,943, including all subcontractor 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:
· Preconstruction and Construction Services Agreement 154723 (Ordinance S-
47776) on July 1, 2021.

Location
24th Street Water Treatment Plant
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.




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Report

Large Diameter Sanitary Sewer Rehabilitation Grade 5 and Grade 4 Manholes -
South - Engineering Services Amendment 1- WS90500273 (Ordinance S-49497)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 150125 with Brown and Caldwell, Inc., to provide Construction
Administration and Inspection Services for the Large Diameter Sanitary Sewer
Rehabilitation Grade 5 and Grade 4 Manholes - South project. Further request to
authorize execution of amendments to the agreement, as necessary within the City
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 rehabilitate the higher priority Grade 5 and Grade 4
sanitary sewer manholes as identified by the assessment report.

This amendment is necessary because the project was phased into four design
packages versus a single package. The project deliverable was changed to a manhole
rehabilitation work sheet versus a typical design sheet. This change increased the
overall project duration, as well as the review periods, and this amendment will provide
additional time to the agreement.

Brown and Caldwell, Inc.'s additional services include, but are not limited to:
administration of the construction schedule, review of submittals, issue interpretations
and clarifications, certify contractor progress payments, inspections, survey, material
testing, record drawings and project documents, and field administration.

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
No additional funding for services is needed.



Page 152

Concurrence/Previous Council Action
The City Council approved:
• Engineering Services Agreement 150125 (Ordinance S-45716) on June 5, 2019.

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department, and the City Engineer.




Page 153



Report

Itron AMR Equipment, Software Support, Upgrades, and Maintenance -
Amendment (Ordinance S-49501)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 147272 with Itron Inc., to provide additional time and funding. Further
request to authorize the City Controller to disburse all funds related to this item. The
additional expenditures included in this amendment will not exceed $3,376,050.

Summary
The purpose of this amendment is to extend the term of the agreement for an
additional two years to continue provision of all Itron Equipment, Software Support,
Upgrades, and Maintenance on an as needed basis for the Water Meters Division
while allowing the Water Services Department (WSD) time to develop a new
agreement reflecting required technology updates and future equipment and software
support.

The additional time and funds will allow Itron, Inc., to continue to provide ongoing
maintenance and support for the WSD required Itron handheld devices, meter retrofit
equipment and automated meter reading (AMR) software. The AMR software is critical
for WSD to read over 400,000 water meters on a monthly basis. To keep Itron products
in working order, hardware and software maintenance services are needed for
equipment and software that exceeds the 12-month factory warranty period.

This amendment request has been reviewed and approved by the Information
Technology Services Department.

Contract Term
The amendment will extend the end date of the agreement term from March 31, 2023
to March 31, 2025.

Financial Impact
The initial authorization for Itron AMR Equipment, Software Support, Upgrades, and
Maintenance was for an expenditure not-to-exceed $7,958,000. An amendment
increased the authorization for the agreement by $3,355,402. This amendment will
increase the authorization for the agreement by an additional $3,376,050, for a new


Page 154

total not-to-exceed agreement value of $14,689,452.

Funding is available in the Water Services Department's Operating Budget.

Concurrence/Previous Council Action
The City Council approved:
· Itron AMR Equipment, Software Support, Upgrades, and Maintenance Agreement #
147272 (Ordinance S-44426) on April 4, 2018.
· Itron AMR Equipment, Software Support, Updates, and Maintenance Agreement #
147272 (Ordinance S-48218) on Jan. 5, 2022.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services Department.




Page 155



Report

Anti-Theft Water Meter Security Products - Amendment (Ordinance S-49517)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 146991, with Fullerform Systems, Inc. to provide additional time to the
agreement. Based on current contract usage, additional funding is not required.

Summary
The purpose of the Amendment is to extend the term of the agreement for one year to
continue providing anti-theft water meter security products on an as-needed basis for
the Water Meter Division. Due to current supply chain issues, utilizing the current
contract is in the best interest of the City for maintaining consistent supply.

Anti-theft water meter security products are utilized by the Water Services Water Meter
Division to provide anti-theft security measures for the commercial and residential
water meters throughout the City.

Contract Term
The amendment will extend the end date of the agreement term from March 31, 2023
to March 31, 2024.

Financial Impact
The initial authorization for Anti-Theft Water Meter Security Products was for an
expenditure not-to-exceed $61,460.00. This amendment will not increase the not-to-
exceed value.

Funding is available in the Water Services Department's Operating budget.

Concurrence/Previous Council Action
The City Council approved Anti-Theft Water Meter Security Products Agreement
146991 (Ordinance S-44271) on Feb. 21, 2018.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Water
Services Department.



Page 156



Report

(CONTINUED FROM MARCH 1, 2023) - Final Plat - Norterra Parcel 24 - PLAT
220047 - Southeast Corner of Norterra Parkway and Jomax Road

Plat: 220047
Project: 15-3108
Name of Plat: Norterra Parcel 24
Owner: US Relp Norterra East I, LLC
Engineer: Michael D. Pollock, RLS
Request: A 110-Lot Residential Subdivision Plat
Reviewed by Staff: Feb. 3, 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 Norterra Parkway and Jomax Road
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 157
PLANNING & DEVELOPMENT DEPARTMENT



To: Alan Stephenson Date: March 1, 2023
Deputy City Manager

From: Joshua Bednare��
Planning and Devaiopment Deputy Director

Subject: CONTINUANCE OF ITEM 87 ON THE MARCH 1, 2023 FORMAL AGENDA -
FINAL PLAT - NORTERRA PARCEL 24 - PLAT 220047 - SOUTHEAST
CORNER OF NORTERRA PARKWAY AND JOMAX ROAD

Item 87, is a Final Plat Norterra Parcel 24 - Plat 220047 - Southeast corner of Norterra
Parkway and Jomax Road.

Staff has received correspondence from the applicant requesting a continuance.

Staff recommends continuing this item to the March 22, 2023 City Council Formal meeting.




Approved:
Alan Stephenson
Deputy City Manager




Attachment:
Exhibit A - Applicant's request for continuance




Page 158
Page 159



Report

Final Plat - TSMC Arizona Corporation - PLAT 220096 - Southwest Corner of 43rd
Avenue and Dove Valley Road

Plat: 220096
Project: 20-4636
Name of Plat: TSMC Arizona Corporation
Owner: TSMC Arizona Corporation
Engineer: Chad Huber, RLS
Request: A Three-Lot Commercial Plat
Reviewed by Staff: Feb. 16, 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 southwest corner of 43rd Avenue and Dove Valley Road
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 160



Report

Final Plat - Encanto Sweetwater - PLAT 220111 - 14215 North Cave Creek Road

Plat: 220111
Project: 21-658
Name of Plat: Encanto Sweetwater
Owner: Legacy Park at Cave Creek, LLC
Engineer: James A. Loftis, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Feb. 24, 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 14215 North Cave Creek Road
Council District: 3

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 161



Report

Final Plat - Quiktrip - SEC of 35th Ave & I-10, Lots 1 & 2 - PLAT 220065 -
Southeast Corner of 35th Avenue and Interstate 10

Plat: 220065
Project: 20-4177
Name of Plat: Quiktrip - SEC of 35th Ave & I-10, Lots 1 & 2
Owner: Quiktrip Corporation
Engineer: Jason A. Segneri, RLS
Request: A Two-Lot Commercial Plat
Reviewed by Staff: Feb. 22, 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 35th Avenue and Interstate 10
Council District: 4

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 162



Report

Final Plat - A Replat of Lot 5, Columbia Plaza - PLAT 220008 - West of 99th
Avenue and South of Camelback Road

Plat: 220008
Project: 02-4501
Name of Plat: A Replat of Lot 5, Columbia Plaza
Owner: Columbia Plaza, LLC and Halle Properties, LLC
Engineer: Chad Huber, RLS
Request: A Two-Lot Commercial Plat
Reviewed by Staff: Feb. 2, 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 west of 99th Avenue and south of Camelback Road
Council District: 5

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 163



Report

Final Plat - Arcadia 32 - PLAT 210083 - South of Glenrosa Avenue and West of
32nd Street

Plat: 210083
Project: 20-3986
Name of Plat: Arcadia 32
Owner: 4220 Holdings, LLC
Engineer: David S. Klein, RLS
Request: A 40-Lot Residential Subdivision Plat
Reviewed by Staff: Feb. 20, 2023
Final Action 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 south of Glenrosa Avenue and west of 32nd Street
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 164



Report

Final Plat - Apel Extrusions 1st Addition - PLAT 210002 - South of Lower
Buckeye Road and East of 59th Avenue

Plat: 210002
Project: 19-3988
Name of Plat: Apel Extrusions 1st Addition
Owner: Apel Extrusions, Inc., A Delaware Corporation
Engineer: James A. Brucci, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Feb. 14, 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 south of Lower Buckeye Road and east of 59th Avenue
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 165



Report

Final Plat - Dobbins Industrial Tech Park Phase 1 - PLAT 220084 - Southwest
Corner of 65th Avenue and Dobbins Road

Plat: 220084
Project: 21-4899
Name of Plat: Dobbins Industrial Tech Park Phase 1
Owner: Scannell Properties # 598, LLC
Engineer: Michael A. Banta, RLS
Request: A Four-Lot Commercial Plat
Reviewed by Staff: Feb. 16, 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 southwest corner of 65th Avenue and Dobbins Road
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 166



Report

Final Plat - 20th Street Townhomes - PLAT 220028 - Northeast Corner of 20th
Street and Desert Lane

Plat: 220028
Project: 21-1510
Name of Plat: 20th Street Townhomes
Owner: 8005 S 20th St Land, LLC
Engineer: Troy A. Ray, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Feb. 9, 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 northeast corner of 20th Street and Desert Lane
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 167



Report

Final Plat - Proximity 36th - Phase II - PLAT 220046 - Northwest Corner of 36th
Street and Southern Avenue

Plat: 220046
Project: 21-671
Name of Plat: Proximity 36th - Phase II
Owner: 36th & Southern NWC, LLC
Engineer: James A. Loftis, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Feb. 8, 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 36th Street and Southern Avenue
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 168



Report

Final Plat - 8034 South Central Avenue Apartments - PLAT 220075 - 8034 S.
Central Ave.

Plat: 220075
Project: 21-2510
Name of Plat: 8034 South Central Avenue Apartments
Owner: Elevation Townhomes, LLC
Engineer: Paul M. Miller, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Feb. 20, 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 8034 S. Central Ave.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 169



Report

Final Plat - McDowell Road Data Center - PLAT 220095 - East of 36th Street and
South of McDowell Road

Plat: 220095
Project: 17-2529
Name of Plat: McDowell Road Data Center
Owner: QTS Phoenix II, LLC
Engineer: Michael A. Banta, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Feb. 13, 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. This plat needs to record concurrently with abandonment ABND 220041. This
sequence of recording is that the resolution of abandonment is recorded first, and the
plat second.

Location
Generally located east of 36th Street and south of McDowell Road
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 170



Report

Abandonment of Easements - V180047A - 66th Street and Mayo Boulevard
(Resolution 22107)

Abandonment: V180047A
Project: 15-41
Applicant(s): Max Friedman - Camden
Request: To abandon a portion of the access easement and drainage easement on the
parcel identified as APN 215-04-725, MCR.
Date of Decision/Hearing: March 16, 2022

Summary
The resolution of the abandonment and the dedication DEDI 220070 are to be
recorded together with the Maricopa County recorder on the same day, at the same
time. The sequence of recording to be followed is that the resolution of abandonment
is recorded first, then the dedication is recorded second.

Location
66th Street and Mayo Boulevard
Council District: 1

Financial Impact
None. No consideration fee was required as a part of this easement abandonment,
although filing fees were paid.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 171



Report

Abandonment of Easement - ABND 220026 - Southwest Corner of Scottsdale
Road and Bell Road (Resolution 22105)

Abandonment: ABND 220026
Project: 20-4321
Applicant(s): The Hampton Group, LLC
Request: To abandon 30 feet of the 40-foot-wide sidewalk easement and a section of
the 33 feet of the 40-foot-wide sidewalk easement over Parcel C of Princess Crossing
Plat, MCR.
Date of Decision/Hearing: June 9, 2022

Location
Southwest corner of Scottsdale Road and Bell Road
Council District: 2

Financial Impact
None. No consideration fee was required as a part of this easement abandonment,
although filing fees were paid.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 172



Report

Abandonment of Easements - ABND 220014 - Southwest Corner of 101st Avenue
and Montebello Avenue (Resolution 22106)

Abandonment: ABND 220014
Project: 18-3875
Applicant(s): Vincent Ruiz
Request: To abandon two drainage easements originally dedicated on Lot 3 of Aldea
Centre Final Plat, Book 1482, Page 8.
Date of Decision/Hearing: April 27, 2022

Location
Southwest corner 101st Avenue and Montebello Avenue
Council District: 5

Financial Impact
None. No consideration fee was required as a part of this easement abandonment,
although filing fees were paid.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 173



Report

Abandonment of Easement - ABND 220041 - 1200 N. 40th St. (Resolution 22104)

Abandonment: ABND 220041
Project: 17-2529
Applicant(s): QTS Investment Properties Phoenix, LLC, Angie Fealy, Jacobs
Engineering
Request: To abandon the 40-foot wide sewer easement adopted by City Ordinance S-
Date of Decision/Hearing: July 26, 2022

Summary
The resolution of this abandonment and PLAT 220095 are to be recorded together with
the Maricopa County recorder on the same day, at the same time. The sequence of
recording to be followed is that the resolution is to be recorded first, then the plat is
recorded second.

Location
1200 N. 40th St.
Council District: 8

Financial Impact
None. No consideration fee was required as a part of this easement abandonment,
although filing fees were paid.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 174



Report

Authorization to Convey a Portion of an Undedicated and Closed Alley to 362
North Third LLC by Quit Claim Deed (Ordinance S-49495)

Request to authorize the City Manager, or his designee, to convey a portion of an
undedicated and closed alley to 362 North Third LLC by quit claim deed via separate
recording instrument.

Summary
Based on an owner's survey of the properties located at 350 and 362 N. 3rd Ave., the
west 10-foot strip of land is listed for alley purposes. The title report and Maricopa
County records reflect ownership as 362 North Third LLC with no alley encumbrance.
The Real Estate Division confirmed that 1) there is no record of a dedicated alley at
this location; 2) there is no access from Van Buren and Fillmore streets for an alley
between 3rd and 4th avenues; and 3) the owner's survey conflicts with title research,
current conditions and public records.

Resolution 17807 abandoned an undedicated but open alley between 3rd and 4th
avenues, north of Van Buren Street; however, the legal description for this resolution
did not include the portions of the alley in question. A quit claim deed is required to
clear a cloud on the title.

Location
West 10 feet within Maricopa County Assessor parcel numbers 111-41-011C and 111-
41-009.
Council District: 7

Concurrence/Previous Council Action
Resolution 17807 was adopted Jan. 2, 1991.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.




Page 175



Report

Modification of Stipulation Request for Ratification of Feb. 15, 2023, Planning
Hearing Officer Action - PHO-1-22--Z-174-05-2 - Northeast Corner of Tatum
Boulevard and Deer Valley Drive

Request to authorize the City Manager, or his designee, to approve Planning Hearing
Officer's recommendation without further hearing by the City Council on matters heard
by the Planning Hearing Officer on Feb. 15, 2023. This ratification requires formal
action only.

Summary
Application: PHO-1-22--Z-174-05-2
Existing Zoning: S-1 DRSP (Approved R-4 DRSP)
Acreage: 41.18

Owner: Ari Astalos, Garden Deer Valley LLC
Applicant and Representative: Ed Bull, Burch and Cracchiolo PA

Proposal:
1. Modification of Stipulation 1 regarding general conformance with the site plan date
stamped Nov. 23, 2005.
2. Modification of Stipulation 2 regarding general conformance with the elevations date
stamped Nov. 23, 2006.
3. Modification of Stipulation 3 regarding parking structure architecture.
4. Modification of Stipulation 4 regarding useable outdoor private space, patio, and
balconies.
5. Deletion of Stipulation 5 regarding vertical landscaping enhancements.
6. Deletion of Stipulation 6 regarding general conformance with the site plan date
stamped Nov. 23, 2005, and an 882 unit maximum on Parcel 4HW.
7. Deletion of Stipulation 8 regarding private trails.
8. Deletion of Stipulation 15 regarding a crosswalk that connects the 404 wash corridor
trail with the south side of Deer Valley Drive.
9. Deletion of Stipulation 17 regarding a pedestrian bridge across the 404 Wash
Corridor.
10. Deletion of Stipulation 19 regarding view corridors to the south.
11. Technical corrections to Stipulations 9, 10, 11, 12, 14, 16, and 18.


Page 176


VPC Action: The Desert View Village Planning Committee heard this request on Feb.
7, 2023, and recommended approval with a modification by a vote of 7-3.
PHO Action: The Planning Hearing Officer recommended denial as filed and approval
with modifications.

Location
Northeast corner of Tatum Boulevard and Deer Valley Drive
Council District: 2
Parcel Address: 5150 E. Deer Valley Drive

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 177
ATTACHMENT A – Stipulations – PHO-1-22—Z-174-05-2

Location: Northeast corner of Tatum Boulevard and Deer Valley Drive

STIPULATIONS:

1. That THE development shall be in general conformance with the site plan
date stamped November 23, 2005 DECEMBER 22, 2022, as approved or
modified by the FOLLOWING STIPULATIONS AND APPROVED BY
THE PLANNING AND Development Services Department, WITH
SPECIFIC REGARD TO THE FOLLOWING:

A. THE PROJECT SHALL NOT EXCEED 882 DWELLING UNITS.

2. That THE development shall be in general conformance with the
elevations date stamped November 23, 2006 DECEMBER 22, 2022, with
specific regard to the below items, as MODIFIED BY THE FOLLOWING
STIPULATIONS AND approved by the PLANNING AND Development
Services Department, WITH SPECIFIC REGARD TO THE FOLLOWING:

a. Landscape trellises shall be placed where there is 10 feet of open
building façade (Exhibit 2).

A. WITHIN 950 FEET OF TATUM BOULEVARD, the Pavilions Phase
b. II development shall be limited to 38 feet MAXIMUM building height
SHALL BE 38 FEET.

B. The remaining parcels shall be limited to 48 feet building height.
c.

3. That, where visible, the Parking structures on the Mondrian project shall
be of complementary architecture to the primary residential structures, as
approved by the PLANNING AND Development Services Department.

4. That the buildings identified as “Pavilions” ALL DWELLING UNITS
LOCATED WEST OF THE 404 WASH shall provide usable outdoor
private space, patioS, and/or BALCONIES balcony for 100% of the units,
as approved by the PLANNING AND Development Services Department.

5. That all buildings shall feature vertical landscaping enhancements as
shown in Exhibit 2, as approved by the Development Services
Department.

6. That the development on Parcel 4HW as described below be limited to
882 units and be in general conformance with the zoning Site Plan date
stamped November 23, 2005. That development shall be comprised of



Page 178
Mondrian Phase 1 and 2 and the Pavilions Phase 1 as depicted on the
site plan. Any portion of the site plan which is not included as part of the
site plan as described above shall not be developed until a site plan is
approved pursuant to the procedures outlined in the Desert Ridge
Specific Plan.

5. That An eight-foot (8) wide multi-use trail shall be constructed along the
7. north side of Deer Valley DRIVE Road in accordance with the City of
Phoenix standard trail detail, as approved by the Parks and Recreation
Department.

6. That Private trails (with a dedicated public use easement) shall be
8. provided within the 404 wash corridor and along the entire north property
line east of the 404 wash CORRIDOR, as approved by the U.S. ARMY
CORPS OF ENGINEERS AND THE PLANNING AND Development
Services Department.

7. That Vegetation along the wash shall be preserved in place if feasible, or
9. re-vegetated with natural plant materials, as approved by the PLANNING
AND Development Services Department.

8. That An internal pedestrian circulation pathway system shall be provided
10. linking open spaces, amenities, parking areas, the dwelling structures,
and the external pedestrian access points. These pathways shall be
standard sidewalks, except where the path of travel crosses a parking lot
or driveway, in which case the path shall be a minimum of 3.5 feet wide
and constructed of pavers, decorative concrete, or other non-asphalt
material, as approved by the PLANNING AND Development Services
Department.

9. That The developer shall construct all streets adjacent to the
11. development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
landscaping and other incidentals as per plans approved by the
PLANNING AND Development Services Department. All improvements
shall comply with all ADA accessibility standards.

10. That One (1) bus bay (P1256-2) and one (1) transit pad (P1262) shall be
12. dedicated and constructed along the north side of Deer Valley Drive, as
approved by the PLANNING AND Development Services Department.

11. That The subject site has the potential to contain archaeological
13. resources. The applicant shall submit an archaeological survey or
documentation of prior archaeological work, for review and approval by
the City Archaeologist prior to issuance of a grading permit. If additional
archaeological monitoring, testing, and/or data recovery is necessary, the




Page 179
developer shall complete tasks as determined and required by the City
Archaeologist.

12. That A minimum 20-foot landscape buffer shall be provided along the
14. northern most property line within the Pavilions Phase II development, as
approved by the PLANNING AND Development Services Department.

13. That a crosswalk with signage and safety lights shall be provided that
15. connects the proposed 404 wash corridor trail with the south side of Deer
Valley Drive, as approved or modified by the Street Transportation
Department.

THE DEVELOPER SHALL FULLY FUND AND CONSTRUCT A
TRAFFIC SIGNAL ALONG DEER VALLEY DRIVE AT THE DRIVEWAY
LOCATED IMMEDIATELY WEST OF THE 404 WASH CORRIDOR, AS
DEPICTED ON THE SITE PLAN DATE STAMPED DECEMBER 22,
2022, AND AS APPROVED BY THE PLANNING AND DEVELOPMENT
AND STREET TRANSPORTATION DEPARTMENTS.

14. That No vehicular access shall be allowed to Tatum Boulevard unless
16. emergency vehicle access is required by the PLANNING AND
Development Services Department.

15. That A pedestrian bridge shall be provided across the 404 wash corridor,
17. to link the Pavilions development with the Mondrian Phase I
Development as APPROVED may be modified by the U.S. Army Corps
of Engineers and approved by the PLANNING AND Development
Services Department.

16. That The applicant shall complete a traffic study as approved by the
18. Street Transportation Department. Any necessary street improvements
required by the traffic study (resulting from the increase in density) shall
be constructed, as approved by the PLANNING AND Development
Services Department.

19. That the site plan for the Pavilions Phase II development along the
northern most property line shall be redesigned to provide additional view
corridors to the south, as approved by the Development Services
Department.




Page 180



Report

Amend City Code - Official Supplementary Zoning Map 1241 (Ordinance G-7087)

Request to authorize the City Manager to amend Section 601 of the Phoenix Zoning
Ordinance by adopting Official Supplementary Zoning Map 1241. This amendment
reflects that the property owner has met all of the rezoning conditions previously
approved by City Council with a portion of Z-115-99 and the entitlements are fully
vested.

Summary
To rezone a parcel located approximately 1,321 feet west of the southwest corner of
63rd Avenue and Baseline Road.
Application No.: Z-115-99
Zoning: R1-6 PCD, R-2 PCD, C-1 PCD
Owner: QuikTrip Corporation, et. al.
Acreage: 104.62

Location
Located approximately 1,321 feet west of the southwest corner of 63rd Avenue and
Baseline Road
Address: n/a
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 181
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY ADOPTING OFFICIAL
SUPPLEMENTARY ZONING MAP 1241.

____________


BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX as

follows:

SECTION 1. That Section 601 of the City of Phoenix Zoning Ordinance is

hereby amended by adopting Official Supplementary Zoning Map 1241, which

accompanies and is annexed to this ordinance and declared a part hereof.

PASSED by the Council of the City of Phoenix this 22nd day of March,

2023.



_____________________________________
MAYOR




ATTEST:


_________________________
Denise Archibald, City Clerk




Page 182
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney


By:_________________________

_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager




PL:arm:LF23-0351:3-22-2023




Page 183
Page 184



Report

Amend City Code - Official Supplementary Zoning Map 1242 (Ordinance G-7088)

Request to authorize the City Manager to amend Section 601 of the Phoenix Zoning
Ordinance by adopting Official Supplementary Zoning Map 1242. This amendment
reflects that the property owner has met all of the rezoning conditions previously
approved by City Council with a portion of Z-115-A-99 and the entitlements are fully
vested.

Summary
To rezone a parcel located approximately 325 feet south of the southwest corner of
67th Avenue and Baseline Road
Application No.: Z-115-A-99
Zoning: C-2 SP PCD
Owner: 6725 West Baseline Road LLC
Acreage: 4.26

Location
Located approximately 325 feet south of the southwest corner of 67th Avenue and
Baseline Road.
Address: 6725 W. Baseline Road
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 185
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY ADOPTING OFFICIAL
SUPPLEMENTARY ZONING MAP 1242.

____________


BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX as

follows:

SECTION 1. That Section 601 of the City of Phoenix Zoning Ordinance is

hereby amended by adopting Official Supplementary Zoning Map 1242, which

accompanies and is annexed to this ordinance and declared a part hereof.

PASSED by the Council of the City of Phoenix this 22nd day of March,

2023.



_____________________________________
MAYOR




ATTEST:


_________________________
Denise Archibald, City Clerk




Page 186
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney


By:_________________________

_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager




PL:arm:LF23-0354:3-22-2023




Page 187
Page 188



Report

(CONTINUED FROM OCT. 12 AND DEC. 7, 2022 AND FEB. 15, 2023) - Public
Hearing - Appeal of Hearing Officer Decision - Abandonment of Right-of-Way -
ABND 220011 - 4640 East Camelback Heights Way

Abandonment: ABND 220011
Project: 99-3459
Abandonment Applicant: Lauren Proper Potter
Date of Abandonment Hearing Officer’s Decision:
Appellant: Benjamin Graff, Quarles & Brady, LLP on Behalf of Kim Komando & Barry
Young

Summary
Rationale: The subject of the abandonment is a portion of land at North Camelback
Canyon Drive and East Camelback Heights Way, located directly across from the
Appellant's home (the “Abandonment Area”). The abandonment was approved on April
14, 2022, despite opposition from the Appellant and a request to continue the case to
allow for further discussions between the neighbors. The Applicant would not agree to
a continuance and the Hearing Officer forwarded a recommendation of approval to the
Way (six parcel owners in total), have expressed opposition. One hundred percent of
the property owners located along Camelback Heights Way, with the exception of the
Applicant, and an additional property owner on Camelback Canyon Drive (directly
north of the Applicant’s home) have joined in this appeal and respectfully request the
Phoenix City Council overturn the Hearing Officer's approval and deny the requested
abandonment.

Location
4640 East Camelback Heights Way
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 189
ATTACHMENT A
ABND 220011-Map




Page 190
ATTACHMENT B




Planning and Development Department




CONDITIONAL APPROVAL – ABND 220011




Your abandonment request was granted CONDITIONAL APPROVAL by Christopher DePerro,
Abandonment Hearing Officer.

This request will NOT be completed until all the stipulations have been met and this request is
formally adopted by City Council. It is the APPLICANT’S RESPONSIBILITY to ensure that all
stipulations are satisfied. Please contact the Abandonment Coordinator at (602) 256-3487 for
questions and notification of your completion of the stipulations.

Upon completion of the stipulations your request will be scheduled for City Council action.

If the stipulations of abandonment are not completed within two years from the date of your
conditional approval (your expiration date is April 14, 2024), this request will then expire. At
that time a new submittal will be required along with the required payment for the abandonment
process. A one-time, one year extension can be requested prior to the expiration date, with
applicable extension fee due.






Page 191
Planning and Development Department


April 14, 2022
Abandonment Staff Report: ABND 220011
Project# 99-3459
Quarter Section: 20-38
Council District: 6



Location: 4640 East Camelback Heights Way


Applicant: Lauren Proper Potter


Request to abandon: The triangular portion of land where North
Camelback Canyon Drive and East
Camelback Heights Way meet as illustrated
on the attached exhibit.



Purpose of request: The applicant states to allow access to the
private residence directly from the roadway
right-of-way, to place responsibility to
maintain vegetation upon the property owner
instead of the City, and to allow the property
owner to provide guest parking on their
property instead of the street.

Hearing date: April 14, 2022






Page 192
Portion of right-of-way proposed for
abandonment




Hearing Summary
Mr. Christopher DePerro, the Abandonment Hearing Officer, called the hearing to order at 9:32
am on April 14, 2022.
Ms. Maggie Dellow, the Abandonment Coordinator introduced the abandonment case ABND
220011 by reading the abandonment case into the record by stating the applicant, location,
abandonment request, and purpose of the request, as well as City staff research.
Mr. DePerro then started the discussion by asking the applicant if they would like to add any
additional comments regarding the abandonment request.
Mr.Charles Huellmantel, the applicant, explained that the proposed abandonment area is a
tough piece of property that doesn’t serve a purpose, nor is maintained, and his client would like
the opportunity to landscape it and beautify it.
Mr. DePerro explained that because this property is hillside there would be a limitation to what
can be done in terms of landscaping and disturbance.




Page 193
Ms. Dellow reviewed the city staff and utility provider comments received during the review
period. Mr. DePerro explained that per the Street Transportation Department’s comments, if the
abandonment received conditional approval, it would only by for a portion of the original
requested area. Mr. Huellmantel confirmed he understood.
Mr. DePerro then invited Mr. Benjamin Graff to provide public comment. Mr. Graff explained that
he represented Kim Commando and Barry Young who lived across the Camelback Heights Way
to the south. Mr. Graff explained that his clients had some concerns about the reasons the
applicant was applying for the abandonment as stated on the application materials, such as to
provide additional access to the property when existing access appears adequate. Mr. Graff
also explained that the application states the abandonment would provide additional guest
parking area, which raised concerns over additional disturbance area and reasons as to why
such an ample amount of guest parking was being sought.
Mr. Graff requested a 30-day continuance on the case so that his client could meet with the
applicant and learn more about the reasons for the request. and reasons for the request.
Ms. Lauren Proper Potter, the applicant, explained that there were no plans for additional work
within the area and there would not be guest parking within the abandonment area. Ms. Potter
stated that the nature of the request was to harmonize vegetation with the redevelopment of the
property.
Mr. DePerro explained that even with the abandonment, the natural vegetation could not be
touched or maintained without being part of the disturbance area. It must remain native and
natural.
Mr. DePerro stated that he did understand Mr. Graff’s concerns, but that these concerns fell
outside of the purview of the abandonment request.
Mr. Graff explained that the only reason those concerns have been brought to the hearing are
due to the fact that they are stated within the applicant’s narrative and rationale on the
abandonment application. Because the applicant stated during the hearing that the reasons for
abandonment as provided on the abandonment application are not accurate, Mr. Graff shared
that he was still confused as to the purpose of the abandonment request and requested
continuance.
Ms. Potter stated that the abandonment would not impact Mr.Graff’s concerns. Mr. Huellmantel
stated that he was not supportive of a continuance.
Mr. DePerro explained that he was having trouble justifying a continuance as the abandonment
request would not result in an additional hillside permissions.
Ms. Dellow then reviewed the staff recommended stipulations of approval.
Mr. DePerro stated that the concerns voiced by the opposition have more to do with hillside and
zoning regulations rather than the abandonment. He further explained that what needs to be
done in an abandonment hearing is determine whether or nit the proposed right-of-way to be
abandoned was need. Mr. DePerro felt that in this case the right-of-way was clearly not needed
and that the proposed abandonment would not permit those things shared by the opposition as
concerns.





Page 194
Mr. Graff agreed that the concerns brought by the opposition were not generally proper for an
abandonment hearing, however they were stated in the abandonment applicant narrative as
reasons for the abandonment.
The Hearing Officer granted a conditional approval subject to stipulations in the staff report.

Stipulations of Conditional Approval
The request of abandonment is conditionally approved by the Abandonment Hearing Officer.
The following stipulations will need to be met:
1. Either a or b shall be complied with:

a. All utilities shall be relocated to locations approved by each affected utility company.
All work is to be done by each affected utility company at no expense to the affected
utility company. An appropriate performance agreement, in an approved form and
cost amount, must be posted with the Planning and Development Department to
guarantee the improvements.

b. All right-of-way shall be retained as a public utilities easement with 24-hour vehicle
maintenance access.

2. Consideration which provides a public benefit to the City is required in accordance with City
Code Art. 5, Sec. 31-64 and Ordinance G-5332. Cost for abandoned Right-of-Way adjacent
to property not zoned single family residential will be $500 OR Fair Market Value whichever
is greater. Cost for property zoned single family residential is $1.00 a square foot for the
first 500 square feet, $0.10 a square foot thereafter; OR Fair Market Value at the option of
the Planning and Development Director or designee. The applicant shall submit calculation
and fee to Planning and Development Department. The applicant shall request a selection
of approved appraisers from the current list maintained by the Real Estate division of the
Finance Department.

3. No right-of-way within 30-feet of the Camelback Canyon Drive monument line may be
abandoned.

4. No right-of-way south of the existing monument line of Camelback Heights Way may be
abandoned.

5. The right-of-way shall be retained as a slope easement.

6. All stipulations must be completed within two years from the Abandonment Hearing Officer’s
decision.

This conditional approval has been reviewed and approved by the Abandonment Hearing
Officer.



Hearing Officer Signature: ____________________________________ 9/15/22
Date: __________






Page 195
REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator

cc: Lauren Proper Potter, Applicant/Representative
Christopher DePerro, Abandonment Hearing Officer






Page 196
Abandonment
Decision Appeal

In accordance with Section 31-70, Article V of the City Code, the decision of the Abandonment
Hearing Officer regarding the abandonment of public rights-of way may be appealed. Any
decision of the Abandonment Hearing Officer shall be considered final unless a person
aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning &
Development Department within fifteen calendar days after the decision is made. The
completed abandonment appeal form and filing fee* must be submitted to the Planning &
Development Department, Check-In/Information Counter, located at 200 West Washington
Street, 2nd floor, Phoenix, Arizona 85003.

*All fees are pursuant to the current Fee Schedule contained in Appendix A.2. of the
Phoenix City Code.
Appellant’s Name: Benjamin Graff, Quarles & Brady, LLP on Behalf of Kim Komando & Barry Young

Address: 2 N. Central Avenue, 6th Floor City: Phoenix State: AZ Zip: 85004


Phone: (602) 229-5683 Email: Benjamin.Graff@Quarles.com

Affiliation: Attorney for Appellant

Appeal to City Council
Be specific as to what you are appealing. Include the rationale for your appeal. Attachments
may be included.

Abandonment # V- ABND 220011 Date Heard: April 14, 2022

Located at approximately: 4640 E Camelback Heights Way, Phoenix AZ 85018

Abandonment Hearing Officer: Approved Denied

Appealing Decision: Request to Deny Abandonment. See attached Notice of Abandonment Appeal Narrative.



Appealing Stipulation:

Appealing Stipulation:

Appealing Stipulation:

------------------------------------------------------------- Staff Use Only --------------------------------------------------------------
Received By: MDE Receipt #: Date: 4/29/2022
Reviewed By: MDE Receipt #: Date: 4/29/2022

An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive
policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment Decision Appeal TRT/DOC/00005
WEB\ EXTERNAL dsd_trt_pdf_00005 Rev. 11/12


Page 197
Renaissance One Attorneys at Law in
Two North Central Avenue Chicago
Phoenix, Arizona 85004-2391 Indianapolis
602.229.5200 Madison
Fax 602.229.5690 Milwaukee
www.quarles.com Minneapolis
Naples
Phoenix
Benjamin W. Graff Tampa
Direct Dial: (602) 229-5683 Tucson
E-Mail: Benjamin.Graff@Quarles.com Washington, D.C.




April 29, 2022

VIA EMAIL

Phoenix City Council
200 West Washington Street
Phoenix, AZ 85003
Mayor.Gallego@phoenix.gov
Council.District.6@phoenix.gov


RE: Formal Notice of Abandonment Appeal: ABND 220011

Honorable Mayor Gallego, Councilmember DiCiccio, and Councilmembers,

Our firm represents Ms. Kim Komando and Mr. Barry Young (EK Holdings Delaware, LLC) (the
"Appellant"), the owners of the property located at 4655 E Camelback Heights Way, Phoenix, AZ
85018 within Phoenix Council District 6, in regard to this Notice of Abandonment Appeal of the
April 14, 2022 Hearing Officer approval of Case No. ABND 220011 (the “Abandonment
Application”). In accordance with Section 31-70, Article V of the City Code, the decision of the
Abandonment Hearing Officer regarding the abandonment of public rights-of way may be
appealed. Any decision of the Abandonment Hearing Officer shall be considered final unless a
person aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning &
Development Department within fifteen calendar days after the decision is made. Here, the
Appellant has submitted the requested appeal and requisite filing fee in a timely manner before the
April 29, 2022 5:00 PM deadline.
The subject of the abandonment is a portion of land at North Camelback Canyon Drive and East
Camelback Heights Way, located directly across from the Appellant's home (the “Abandonment
Area”). See Aerial Maps Attached at Tab A. The abandonment was approved on April 14, 2022,
despite opposition from the Appellant and a request to continue the case to allow for further
discussions between the neighbors. The Applicant would not agree to a continuance and the
Hearing Officer forwarded a recommendation of approval to the City Council. Since April 14,
2022, the entire neighborhood along Camelback Heights Way (six parcel owners in total), have
expressed opposition. See Opposition Map Attached at Tab B. 100% of the property owners
located along Camelback Heights Way, with the exception of the Applicant, and an additional


QB\73627440.1

Page 198
ABND 220011 Notice of Abandonment Appeal

property owner on Camelback Canyon Drive (directly north of the Applicant’s home) have joined
in this appeal and respectfully request the Phoenix City Council overturn the Hearing Officer's
approval and deny the requested abandonment. See Letters of Opposition from Six Parcel Owners
Attached at Tab C.
Site History
City records show the subject right-of-way was dedicated through the Camelback Heights Plat,
recorded on December 16, 1956 on docket 69, page 49 of the Maricopa County Recorder. If
abandoned, the right-of-way will be conveyed back in ownership to the Applicant. This appeal
does not question to whom the abandoned area should be conveyed to if approved, but instead,
that the loss of naturally vegetated public right-of-way combined with the Applicant’s intended
use of the Abandonment Area, is detrimental to the surrounding neighborhood. As is further
discussed, the proposed abandonment also conflicts with the goals of the neighborhood as a whole
to privatize Camelback Heights Way and install a private access gate.
The Abandonment Should be Denied for Lack of Proper Notice, Petition Signatures, and
Failure to Communicate with the Appellant Prior to the April 14, 2022 Abandonment
Hearing.
The City of Phoenix Abandonment process does not include a robust notification procedure, which
frequently results in concerned neighbors being informed of abandonments at the last minute by
signage or through word-of-mouth. However, the City also requires an abandonment petition to
be signed by “one hundred percent of the property owners in and/or abutting the affected area.”
See Abandonment, Right-of-Way Petition included within Applicant’s Application Attached at
Tab D. In this case, the Appellant’s home (Parcel No. 171-16-017A), as well as Parcel Nos. 171-
16-007 and 171-16-006, are located directly adjacent to the Abandonment Area. In fact, the
Appellant’s home and view looking directly Northwest includes the Abandonment Area. Despite
these facts, the Abandonment Petition provided by the Applicant only includes a single signature
– the Applicant’s signature. The petition fails to include signatures from the other affected parcels
and therefore the Applicant failed to provide proper notice.
Additionally, prior to the April 14, 2022 Abandonment Hearing, the Applicant informed the
Appellant that their son would be contacting them prior to the hearing to discuss the abandonment.
But as the hearing began on April 14th, the Appellant had not received any communication from
the Applicant.
Finally, it should be noted that during the April 14, 2022 Abandonment Hearing, the Appellant
requested a continuance to allow the parties time to discuss the request, before it was forwarded to
the City Council for final approval. The Applicant refused to agree to a continuance and the
Hearing Officer forwarded a recommendation of approval to the City Council, notwithstanding the
strong opposition present the hearing. The refusal to allow for a continuance forced the hand of
the Appellant, and the other six surrounding property owners, to file this appeal. Now, the only
equitable measure is for the City Council to deny the requested abandonment before the resulting
use and disturbance of the area creates irreparable harm to the neighborhood.



QB\73627440.1

Page 199
ABND 220011 Notice of Abandonment Appeal

The Neighbors Are Opposed to the Proposed Use of the Right-of-Way, the Detrimental
Impact on the Neighborhood, and the Interference With the Long-Term Goal of Privatizing
Camelback Heights Way
The property owners along Camelback Heights Way have recently begun discussions to privatize
this road and construct a private access gate near the convergence of Camelback Canyon Drive
and Camelback Heights Way. See Map of Approximate Locations of the Access Gate Attached
at Tab A. The Applicant was fully aware of this intent prior to submitting the abandonment
application. The privatization of the road will require coordination between the neighbors and
notably, coordination with the City of Phoenix on the use (via a revocable permit) and
abandonment of any public right-of-way to allow for the privatization of the road and the
construction of the access gate. Despite these ongoing discussions, the Applicant’s request seeks
to utilize the public right-of-way for the Applicant’s sole benefit, while also moving the
Applicant’s driveway closer to the intersection of Camelback Canyon Drive and Camelback
Heights Way in conflict with possible locations for the access gate. The requested abandonment
should be denied thereby allowing all property owners along Camelback Heights Way to discuss
and agree upon what is beneficial for the neighborhood, rather than this unilateral request which
only benefits the Applicant.
The Abandonment Should be Denied Because Applicant’s Abandonment Narrative and
Submitted Site Plans Confirm the Applicant's Intent to Use the Abandonment Area for an
Access Driveway, Guest Parking, and Disturbed/New Vegetation.
An Examination of the Applicant’s Abandonment Application and Narrative
The proposed Abandonment Application No. ABND 220011 requested to abandon a portion of
land where North Camelback Canyon Drive and East Camelback Heights Way meet, as shown on
the attached Abandonment Aerial Map Exhibit at Tab A. The Applicant provided a narrative along
with the abandonment application which provided justifications for the request. See Applicant's
Narrative Dated February 14, 2022 Attached at Tab D. The City of Phoenix also issued a Staff
Report. See Abandonment Staff Report Dated April 14, 2022 Attached at Tab E.
As is discussed in detail in this section, the Appellant was surprised by the discrepancies between
the written narrative and the Applicant’s statements made during the April 14th, 2022 Hearing.
The Applicant’s testimony also directly conflicts with the site plan submitted to the City by the
Applicant, which is further discussed in this appeal. While the Applicant stated during the hearing
that the Abandonment Area would be left undisturbed with its existing natural desert vegetation,
the Applicant’s own narrative and site plan tell the story of significant disturbance and an extended
driveway within the Abandonment Area. After a review of the Abandonment Application, Staff
Report, Hearing and prior submittals, the Appellant is able to clarify the Applicant’s intent for the
Abandonment Area.
First, the Applicant’s Right-of-Way Petition states the Applicant supports the abandonment
because it “allows access from the driveway to occur directly from the street right-of-way instead
of across the additional City-owned land.” In response to this and similar statements within the
Applicant’s narrative, the City’s Staff Report also states, “[t]he applicant states [the purpose is] to

QB\73627440.1

Page 200
ABND 220011 Notice of Abandonment Appeal

allow access to the private residence directly from the roadway right-of-way, to place
responsibility to maintain vegetation upon the property owner instead of the City, and to allow the
property owner to provide guest parking on their property instead of the street.” See the
Abandonment Application attached at Tab D and Staff Report attached at Tab E.
Regarding parking and the expansion of the driveway, Applicant’s Abandonment Application
states, “[i]ncorporating the City’s right-of-way into the subject property will allow a longer
driveway with room for a guest parking area that will increase safety for all residents in this area
and their visitors.” Contrary to the Applicant’s own narrative, the Applicant stated during the
Hearing that there would be no additional disturbance, driveway expansion, or parking in the
proposed Abandonment Area. Based on the Applicant’s testimony, the Hearing Officer forwarded
his recommendation of approval to City Council. But it is the Appellant’s position that if the
Hearing Officer had been provided copies of the Applicant's site plan, the proposed driveway
extension and disturbed land within the Abandonment Area shown on the plan may have resulted
in a recommendation of denial.
An Examination of the Applicant’s Site Plan Submittals to the City of Phoenix

In order to accurately compare the hearing testimony with the proposed construction of Applicant’s
home, the Appellant made two separate requests to the Applicant to provide copies of the most
current proposed site plan for the Applicant’s home and driveway configuration. Each time the
Applicant stated the site plans would be provided. However, as of the date of this appeal, the
Applicant has not provided any documents or site plans to the Appellant. After filing a public
records request with the City and confirming with City Staff, the Appellant was able to locate the
most recent site plan dated September 20, 2021. This site plan was reviewed during the
Applicant’s prior Hillside Waiver (DSAP 21252) Hearing on January 19, 2022. See Site Plan
Dated September 20, 2021 Attached at Tab F. Three months have passed since the DSAP Hearing
and based on available public records, the Applicant has not submitted a more recent site plan. We
were also able to locate an identical site plan submitted by the Applicant as part of Zoning
Adjustment Case No. ZA-570-21, which requested a setback variance along the eastern property
line. The site plan for this variance case also shows the same expanded driveway and disturbed
area. See Variance Site Plan Dated September 20, 2021 Attached at Tab G. All written statements
in the Applicant’s Abandonment Application Narrative regarding the expanding driveway, guest
parking, and disturbed vegetation are consistent with the site plans submitted as part of Case Nos.
DSAP 21252 and ZA-570-21. As mentioned above, the Applicant’s testimony during the
Abandonment Hearing stated there would be no additional disturbance, driveway, or parking in
the proposed Abandonment Area. However, after examining the Desert Sky Residence Survey
ROW diagram provided by City of Phoenix Abandonment Staff with the most recent site plan, it
is clear the proposed driveway runs through the proposed abandonment area. See Survey ROW &
Site Plan Comparison attached at Tab H. This comparison exhibit shows the Applicant intends to
remove the natural vegetation within the abandonment area and install an elongated mass of
pavement to serve as a driveway and additional parking. Thus, after a review of the facts,
Applicant’s purpose for the abandonment request within the Abandonment Hearing Application



QB\73627440.1

Page 201
ABND 220011 Notice of Abandonment Appeal

and prior site plan submittals does not align with the statements made at the April 14th, 2022
Hearing.
The Applicant’s proposed use of public right-of-way, which currently benefits all residents, also
does not align with the goals of the united property owners along Camelback Heights Way. The
Appellant and the six additional property owners joining in this appeal firmly believe the
disturbance and replacement of this naturally vegetated area with the proposed driveway will only
serve as a detriment which is incompatible with the goal to beautify and privatize Camelback
heights Way.
Conclusion
This Notice of Abandonment Appeal serves to memorialize and provide evidence of the
differences between the Applicant's verbal testimony which lead to the Hearing Officer's approval,
and the documented intent of the Applicant to not only remove vegetation from the Abandonment
Area, but also place an elongated driveway within the same area. After a review of the facts and
confirmation of evidence showing the discrepancy between Applicant’s testimony and the
narrative/site plans submitted to the City, we respectfully request that the Phoenix City Council
reverse the decision of the Abandonment Hearing Officer and deny the Abandonment Application.
Our firm can provide additional information as requested by the City. Thank you for your time and
consideration.


Very truly yours,

QUARLES & BRADY LLP




Benjamin W. Graff




QB\73627440.1

Page 202
TAB A




Page 203
APPLICANT’S PROPOSED ABANDONMENT AREA AERIAL MAP




Page 204




ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
APPLICANT’S APPROVED ABANDONMENT AREA AERIAL MAP




Page 205




ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
APPLICANT’S PROPERTY VS APPELLANT’S PROPERTY




Applicant
Property

Approved
Page 206


Requested
Appellant
Property




APPLICANT APN: 171-16-009
APPELLANT APN: 171-16-017A
OPTIONS FOR LOCATIONS OF NEW ACCESS GATE




Option
Page 207

Option
3 Option




ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
TAB B




Page 208
OPPOSED NEIGHBORS AERIAL MAP




Page 209




APN: 171-16-017A; 171-16-018E; 171-16-018J; 171-16-025G; 171-16-
025E; 171-16-016A; 171-16-010
TAB C




Page 210
Page 211
Page 212
Page 213
Page 214
Page 215
Page 216
TAB D




Page 217
Abandonment
Application

This application must be submitted to start the process to abandon any public rights-of-way and/or easements
controlled by the city of Phoenix. A completed application must be submitted, together with a sketch of the area
to be abandoned and the appropriate fee to the Planning & Development Department, 200 West Washington
Street (2nd floor), Phoenix, Arizona 85003. For additional information, call (602) 256-3487.

Applicant: ___________________________________________________________________________________
Address: ____________________________________________________________________________________
City: ____________________________________ State: _________________ Zip: __________________
Phone: _____________________________________ Email: ________________________________________
Contact (If other than Applicant): ________________________________________________________________
Address: ____________________________________________________________________________________
City: _______________________________________ State: _________________ Zip: __________________
Phone: _____________________________________ Email: ________________________________________

APN# of Parcel(s) Adjacent to Requested Abandonment: _____________________________________________
___________________________________________________________________________________________
Name of Street(s) to be abandoned: ______________________________________________________________
___________________________________________________________________________________________
Location/Description of Alley(s) or Easement(s) to be Abandoned (please be specific):
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Quarter Section #: __________ Zoning District: _________ Village: ________________________________

Reason to Abandon (additional pages may be attached): _____________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
______________________________________________________________________________
___________________________________________________________________________________________
------------------------------------------------------------- St aff U se O n l y --------------------------------------------------------------

Abandonment #: ___________ Folder #: _________ Total Abandonment Application Fee: $ ____________
Submittal Date: ________________________ Informal Abandonment (w/o hearing): $ _______________
Reviewed By: ________________________ Abandonment, Non-Single Family: $ _________________
Annexation Date: _______________________ Abandonment, Single Family: _______________________
Site Plan # (if applicable): ________________ Appraisal Section Notified: Yes No N/A


An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive
policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment Application TRT/DOC/00078A
WEB\ EXTERNAL dsd_trt_pdf_00078A Rev.

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Page 222
Abandonment, Right-of-Way
Petition

A signed right-of-way abandonment petition must be submitted when filing your abandonment application. Please
read the entire form before signing. For additional information, contact the Planning and Development
Department at (602) 256-3487.
We, as property owners, support the proposed abandonment for the following reasons:
It will help to increase security,
It will increase the buildable area of the lot(s),
It will remove unnecessary right-of-way or easements to permit development of the property, or
Other:
We, as property owners, understand that if there are public utilities located within the area to be abandoned, all
right-of-way within the proposed abandonment area shall be retained as a public utilities easement (PUE) or as
may be modified by the affected utility companies with 24-hour vehicle maintenance access. We further
understand that no structure of any kind shall be constructed or placed within the easement except removable-
type fencing and/or paving. Removable type fencing must not require the installation of footers within the PUE.
No planting within the PUE unless approved by the City of Phoenix. The affected utility company shall not be
required to replace any obstructions, paving or planting that must be removed during the course of
required maintenance, reconstruction and/or construction.
Or
We, as property owners, understand that we may choose to relocate all utilities affected by the abandonment. If
we choose this alternative, we understand that we, as the property owners, would be responsible for the cost of
relocating any affected utilities to locations approved by that utility company.
To ensure continued maintenance and repairs of the street, the public rights-of-way would be abandoned
to the adjacent individual property owner(s) or a Homeowners Association where one exists. The
Homeowners Association or adjacent individual property owners would assume all liability and
maintenance cost of the abandoned public right-of-way and any improvements.
We, as the property owners, understand that if the abandonment of the public right-of-way is approved, the
Homeowners Association (or individual property owners) shall purchase all streetlights from the City of Phoenix in
the proposed abandonment area, or the Homeowners Association (or individual property owners) will be
responsible for replacing them with private lighting. This will be done at no expense to the City of Phoenix. We
also understand that the Homeowners Association (or individual property owners) will be responsible for and set
up their own electric account with the proper electric company in order to assume the responsibility of payment of
the electric costs.
We, as the property owners, understand that there may be additional costs incurred due to required
improvements to provide code compliant entrances/gating, etc. Requirements may include, but are not limited to,
gates, provisions for fire apparatus, dedicated right-of-way for required turnarounds, etc.

Any and all requirements and costs will be the responsibility of the Homeowners Association (or individual
property owners). All required improvements within the proposed abandonment area, as required by the
stipulations of the approved abandonment, will be completed at no expense to the City of Phoenix.

Per Phoenix City Code, Section 31-64 (e), if the request of abandonment is approved there will be a
consideration fee due and payable after the Abandonment Hearing Officer’s decision. Consideration fees are the
costs associated with purchasing land within the abandoned right-of-way from the City of Phoenix and are
calculated as follows:
Non-single family zoned right-of-way the greater of $500 or Fair Market Value (FMV)¹ of abandoned right-of-way
Single family residential zoned right-of-way $1 per square foot for first 500 square feet, $0.10 per square foot
thereafter; or FMV of abandoned right-of-way, as determined by City²
Notes:
¹ If the area to be abandoned is within or adjacent to an established redevelopment area, consideration may be
given in determining the FMV.
² For the area to be abandoned, consideration may be given to the transfer of ongoing property maintenance
responsibilities in determining the Abandonment Consideration Fee.

This publication can be made available in alternate formats (Braille, large print, computer diskette, or audiotape)
upon request. Contact the Planning & Development Department at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment, Right-of-Way Petition Page 223 TRT/DOC/00078E
WEB\ EXTERNAL dsd_trt_pdf_00078E 126-14D Rev.
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Page 224
TAB E




Page 225
Planning and Development Department


April 14, 2022
Preliminary Abandonment Staff Report: ABND 220011
Project# 99-3459
Quarter Section: 20-38
Council District: 6



Location: 4640 East Camelback Heights Way


Applicant: Lauren Proper Potter


Request to abandon: The triangular portion of land where North
Camelback Canyon Drive and East
Camelback Heights Way meet as illustrated
on the attached exhibit.



Purpose of request: The applicant states to allow access to the
private residence directly from the roadway
right-of-way, to place responsibility to
maintain vegetation upon the property owner
instead of the City, and to allow the property
owner to provide guest parking on their
property instead of the street.

Hearing date: April 14, 2022






Page 226
Portion of right-of-way proposed for
abandonment




City Staff Research
Staff research shows that the subject right-of-way was dedicated through the Camelback
Heights Plat, recorded on December 16, 1956 on docket 69, page 49 of the Maricopa County
Recorder. If abandoned, the right-of-way will be conveyed back in ownership to the abutting
property owner.

City Staff Comments
This request was routed to various City departments for their recommendations. Listed below
are the responses from each department.

Street Transportation Department – Maja Brkovic

1. No right-of-way within 25-feet of the Camelback Canyon Drive monument line may be
abandoned.

2. No right-of-way with 25-feet of the Camelback Heights Way monument lines may be
abandoned.

PDD Traffic Department – Derek Fancon
“Recommend approval.”

PDD Site Planning – Maggie Dellow



Page 227
“PDD Site Planning would like to ensure the customer understands the abandonment will not
grant any additional disturbance. The Hillside Waiver (DSAP 21252) for this site approved a
total disturbance of 16,680 sf. The abandonment will not increase this allowance. If the
customer wants more disturbance, the City would require a new hillside waiver submittal.”

Street Lights – Jason Fernandez
“Recommend approval.”

Water Services – Don Reynolds
“A 25’ ft. portion of the right of way shall be retained as water easement for the existing water
main with 24-hour maintenance access subject to the following standard stipulation:

No structure of any kind and/or block wall shall be constructed or placed within the easement
except wood or wire fencing and/or paving. No planting except grass and/or approved
ground cover shall be placed within the easement. It shall be further understood that the City
of Phoenix shall not be required to replace any obstructions, paving or planting that must be
removed during the course of required maintenance, reconstruction and/or construction.”

PDD Village Planner – Sarah Stockham
No comments received.

Public Transit Department – Michael Dwyer
“The abandonment will not affect solid waste service.”

PDD Civil Department – Todd Coy
“Recommend approval.”

Neighborhood Services – Lynda Lee
No comments received.

Utility Comments
The request was also routed to outside utility companies for their input. Listed below are the
responses from each utility.
Cox – Zach Lawson
“I have reviewed the abandonment request at ABND 220011 4640 E CAMELBACK HEIGHTS
WAY in Phoenix, {Maricopa County}, AZ. Based upon the supplied drawings/exhibits that you’ve
submitted it has been determined that COX has no facilities within the easements and therefore
we approve your request to abandon.
Please note that although Cox Communications approves this abandonment, we do so with the
understanding that we will not assume any construction, relocation and/or repairs costs
associated or in result of this abandonment.”
Southwest Gas – Tami Garcia
“After reviewing the plans for the above-referenced project, it has been determined that a gas
line lies within the area in question. We require that a clearance of at least two feet be
maintained between the gas line and other underground facilities. The procedure requires
calling Blue Stake at 602-263-1100 and following their excavation instructions to determine the





Page 228
exact location of the gas line. Permission is granted to abandon a portion of the right-of-way on
the area located at the above-referenced location under those conditions.”

Arizona Public Service – James Generoso
“APS has no objection to the abandonment proposed in ABND220011.”

CenturyLink – Mary Hutton
“Qwest Corporation d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for the
subject vacation/abandonment and has determined that it has no objections with respect to the
areas proposed at this project site.

It is the intent and understanding of CenturyLink that this notice shall not reduce our rights to
any other existing easement or rights we have on this site or in the area.

This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are
found within the vacated area as described, the Applicant will relocate the facilities at
Applicant's expense and within guidelines set by CenturyLink and all regulating entities. All
relocations will be done under the supervision of a CenturyLink Inspector.”

Salt River Project – Sherry Wagner
“Salt River Project has no objection the abandonment of the triangular portion of land where
Camelback Canyon Drive and Camelback Heights Way meet as shown in your application
ABND220011. This is in the Arizona Public Service serving area”


Staff Recommended Stipulations of Approval
The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject
to the following stipulations:
1. Either a or b shall be complied with:

a. All utilities shall be relocated to locations approved by each affected utility company.
All work is to be done by each affected utility company at no expense to the affected
utility company. An appropriate performance agreement, in an approved form and
cost amount, must be posted with the Planning and Development Department to
guarantee the improvements.

b. All right-of-way shall be retained as a public utilities easement with 24-hour vehicle
maintenance access.

2. Consideration which provides a public benefit to the City is required in accordance with
City Code Art. 5, Sec. 31-64 and Ordinance G-5332. Cost for abandoned Right-of-Way
adjacent to property not zoned single family residential will be $500 OR Fair Market
Value whichever is greater. Cost for property zoned single family residential is $1.00 a
square foot for the first 500 square feet, $0.10 a square foot thereafter; OR Fair Market
Value at the option of the Planning and Development Director or designee. The applicant
shall submit calculation and fee to Planning and Development Department. The
applicant shall request a selection of approved appraisers from the current list
maintained by the Real Estate division of the Finance Department.




Page 229
3. No right-of-way within 30-feet of the Camelback Canyon Drive monument line may be
abandoned.

4. No right-of-way south of the existing monument line of Camelback Heights Way may be
abandoned.

5. The right-of-way shall be retained as a slope easement.

6. All stipulations must be completed within two years from the Abandonment Hearing
Officer’s decision.


For assistance regarding the above stipulations, please contact the Abandonment
Coordinator at 602-256-3487.

REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator

cc: Lauren Proper Potter, Applicant/Representative
Christopher DePerro, Abandonment Hearing Officer




If the area to be abandoned is within or adjacent to a redevelopment area established pursuant
to A.R.S.§36-1471 ET.SEQ., Consideration may be given to the restrictions upon the property
and the covenants, conditions and obligations assumed by the redeveloper in the determination
of fair market value.



Page 230
TAB )




Page 231
Hillside Grading Waiver Appeal
Application


Phoenix City Code Section 32-32
DATE

Please be advised if there is a rezoning case in process on the subject property a
Technical Appeal cannot be filed until the case has been acted on by City Council.
Note that an appeal meeting with staff will be arranged in approximately 1 week. DSAP #

Please indicate your preference in attending this meeting: Yes No

PROJECT NAME PROJECT ADDRESS OR LOCATION PROJECT #


OWNERS NAME ADDRESS ZIP CODE PHONE


APPLICANT'S NAME (NOT COMPANY NAME) APPLICANT'S ADDRESS SUITE NUMBER PHONE


APPLICANT'S E-MAIL ADDRESS P&D STAFF FAMILIAR WITH PROJECT


RELATIONSHIP TO PROJECT AND COMPANY NAME


A request is hereby made for an appeal, to Section(s) _________________________________________
of the Ordinance and/or Code, which require(s) that: (use attachment if necessary):
__________________________________________________________________________________________
__________________________________________________________________________________________
State the factual and/or legal basis for the appeal. Include the alternate design and design parameters based on a
recognized standard and the reason(s) why the proposed appeal meets the intent of the Phoenix City Code Section
32-32 C (5)(d)(1):
(use attachment if necessary): _________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________



_______________________________________________ ______________________________________________
If applicant is not the owner or the owner’s architect or Applicant’s Signature Title
engineer, owner’s signature must appear on line above

FOR CITY USE ONLY
Technical Lead Print Name __________________________________ Fee Code __________________

APPROVED APPROVED WITH STIPULATIONS DENIED

Attendees: __________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________


_____________________________ ________________________________________________________________
DATE CITY MANAGER’S REPRESENTATIVE OR DELEGATE





An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive
policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.

S:\Appeal Application, Hillside Grading Waiver TRT/DOC/00055
WEB:dsd_trt_pdf_00055 New 9/14



Page 232
Hillside Grading Waiver Appeal Application – Page 2 of 2 TRT/DOC/00055




Pre-log Checklist:

Hillside Grading Waiver
Phoenix City Code Section 32-32.

Initial Appeal to City Manager's Representative
 3 copies of narrative and graphic exhibit describing applicant proposal and basis for
appeal.
 Photographs: On-site, adjacent to site within 300.'
 List of property owners within 300' of site. Please contact Maricopa County Assessors
website at http://www.maricopa.gov/Assessor/GIS/Map.html.
 Install Autodesk MapGuide (R) Viewer Active X Control) to obtain a list of property
owners.
 Verification must be provided that owners have been notified by certified letter at least
15 days prior to the hearing.
 Dimensioned single-family plot plan or site plan/subdivision.
 Hillside calculations (See Hillside Grading Waiver Submittal Requirements).
Total Lot Area: _______________ SF Total Hillside Area: ________________ SF
Total Area under Roof: ________________ SF (From total lot) _______________ %
Proposed Under Roof: _______________ SF
Total Area Disturbed Beyond Roof: ____________ SF
Total % of Hillside Disturbed: ______ %
 If administrative approval to be done by City Manager Representative, the property
must be posted for a period of 15 days prior to the administrative approval date. It shall
be the responsibility of the applicant to ensure that the posting remains in place for the
entire 15 day period.
 Fee(s) per Chapter 9, Appendix A.2 of Phoenix City Code are:
 $600.00 first appeal item plus - SPAPPCM
 $300.00 each additional appeal item

Subsequent Appeal to Development Advisory Board
 Must submit appeal request within 10 days of the CMR decision.
 1 copy of City Manager’s Representative decision.
 Fee(s) per Chapter 9, Appendix A.2 of Phoenix City Code are:
 $600.00 first appeal item plus - SPAPPDAB
 $300.00 each additional appeal item




Page 233
Page 234
TAB *




Page 235
Page 236
Page 237
Page 238
TAB +




Page 239
SITE PLAN VS ROW EXHIBIT
APPROXIMATE LOCATION OF DRIVEWAY




Page 240




APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX AZ 85018
PLANNING & DEVELOPMENT DEPARTMENT




To: Alan Stephenson Date: October 5, 2022
Deputy City Manager
Planning and Development Director

From: Joshua Bednare��
Planning and Development Deputy Director

Subject:
CONTINUANCE OF ITEM 89 ON THE OCTOBER 12, 2022 FORMAL AGENDA
-PUBLIC HEARING - APPEAL OF HEARING OFFICER DECISION
ABANDONMENT OF RIGHT-OF-WAY - ABND 220011 - 4640 EAST
CAMELBACK HEIGHTS WAY

Item 89, is a request to hold a public hearing on an appeal of the Abandonment Hearing
Officer's decision to approve the abandonment of right-of-way (ABND 220011) located at
4640 East Camelback Heights Way.

Staff request this continuance to ensure requirements for notification are fulfilled and to
allow the applicant and appellant additional time to discuss the request.

Staff recommends continuing this item to the December 7, 2022 City Council Formal
meeting.




Approved:
�
Alan Stephenson
Deputy City Manager/Planning and Development Director




Page 241
PLANNING & DEVELOPMENT DEPARTMENT



To: Alan Stephenson Date: November 28, 2022
Deputy City Manager
Planning and Development Director

From: Joshua Bednarek<}(-0
Acting Assistant D�ctor, Planning Division
Planning and Development Department

Subject: CONTINUANCE OF ITEM 78 ON THE DECEMBER 7, 2022 FORMAL
AGENDA­PUBLIC HEARING -APPEAL OF HEARING OFFICER DECISION
ABANDONMENT OF RIGHT-OF-WAY -ABND220011 -4640 EAST
CAMELBACK HEIGHTS WAY

Item 78, is a request to hold a public hearing on an appeal of the Abandonment Hearing
Officer's decision to approve the abandonment of right-of-way (ABND 220011) located at
4640 East Camelback Heights Way.

Staff has received correspondence from the representatives of the applicant and the
appellant requesting a continuance to allow their clients additional time to work on a
resolution to this matter.

Staff recommends continuing this item to the February 15, 2023 City Council Formal
meeting.




Approved: � �
AlanStep;nson
Deputy City Manager/Planning and Development Director




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