For Approval or Correction, the Minutes of the Formal Meeting on May 29, 2024

Summary
This item transmits the minutes of the Formal Meeting of May 29, 2024, for review,
correction and/or approval by the City Council.

The minutes are available for review in the City Clerk Department, 200 W. Washington
Street, 15th Floor.

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








Report

Summary
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.

Responsible Department
This item is submitted by the Mayor's Office.





ATTACHMENT A




To: City Council Date: January 15, 2025
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:

Phoenix Aviation Advisory Board

I recommend the following for appointment:

Sharon Hwang
Ms. Hwang is a Chief Operating Officer at PRO EM National Event Services. She fills a
vacancy for a term to expire January 15, 2029.

Phoenix Women’s Commission

I recommend the following for appointment:

Jessica Fotinos
Ms. Fotinos is the General Counsel and Director of Communications at the Clerk of the
Maricopa County Superior Court and a resident of District 5. She fills a vacancy for a
term to expire January 15, 2028.







Report

18, 2024) - Liquor License - Xami Sushi - District 8

Request for a liquor license. Arizona State License Application 313398.

Summary

Applicant
Angelina Carrillo Hernandez, Agent

License Type
Series 12 - Restaurant

Location
2707 E. Broadway Road
Zoning Classification: C-3 SPVTABDOD FCOD
Council District: 8

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is January 5, 2025.

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.

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 obtained the liquor management certificate. I have managed and served liquor
and have experience handling liquor.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Currently we have no sushi in the South side of Phoenix. Sushi will bring diversity and
new food to the community.”

Staff Recommendation
Staff recommends disapproval of this application based on a Finance Department
recommendation for disapproval and for the applicant's failure to pay the City of
Phoenix application processing fee. Staff also notes that 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
Attachment - Xami Sushi - Data
Attachment - Xami Sushi - Map

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





Liquor License Data: XAMI SUSHI
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 5 0

Liquor Store 9 2 0

Beer and Wine Store 10 4 0

Hotel 11 1 0


Crime Data

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

Property Crimes 64.2 83.43 114.33

Violent Crimes 12.31 19.4 35.66

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 43 210

Total Violations 74 399


Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1152002 301 81 51 54

1153001 1600 47 16 46

1160001 1147 51 9 49

1161001 1639 33 20 57

1161002 2252 48 8 64

1161003 623 65 20 29

Average 0 61 13 19



Liquor License Map: XAMI SUSHI
2707 E BROADWAY RD




Date: 12/6/2024




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Report

Liquor License - Mero Mart - District 1

Request for a liquor license. Arizona State License Application 314116.

Summary

Applicant
Bikram Bhandari, Agent

License Type
Series 10 - Beer and Wine Store

Location
8925 N. 43rd Avenue, Unit 1 and 2
Zoning Classification: C-1
Council District: 1

This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit. This location requires a Use Permit to allow package liquor sales.

The 60-day limit for processing this application was January 11, 2025. However, the
applicant submitted a written request for more time.

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.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar, and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
"I am committed to being a positive member of the community and adhering to the
local and federal regulation. I am financial stable to demonstrate the ability to operate
a license establishment."

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This establishment will provide a safe convenient and regulated location fro the
community to purchase alcoholic beverages. Our goal is to offer a diverse selection of
quality products at competitive prices while adhering to strict compliance with state and
local regulation."

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
Attachment - Mero Mart - Data
Attachment - Mero Mart - Map

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





Liquor License Data: MERO MART
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Beer and Wine Bar 7 1 1

Liquor Store 9 3 1

Beer and Wine Store 10 12 3

Restaurant 12 6 3


Crime Data

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

Property Crimes 64.2 56.58 58.7

Violent Crimes 12.31 11.78 9.44

*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 43 96

Total Violations 74 166




Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

0923084 1154 85 7 39

0923091 1517 72 0 6

0923094 666 94 0 10

1042062 1557 65 6 34

1042063 998 92 7 3

1057011 1471 65 4 6

1057012 2012 87 15 6

1057021 2725 66 7 22

Average 0 61 13 19




Liquor License Map: MERO MART
8925 N 43RD AVE




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Date:11/20/2024
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City Clerk Department



Report

Liquor License - Candy Store - District 2

Request for a liquor license. Arizona State License Application 314206.

Summary

Applicant
Jeffrey Bertoncino, Agent

License Type
Series 6 - Bar

Location
18613 N. Cave Creek Road
Zoning Classification: C-3
Council District: 2

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

The 60-day limit for processing this application is January 19, 2025.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar, and punctuation in the statement are shown exactly as written by the



applicant on the City Questionnaire.

I have the capability, reliability, and qualifications to hold a liquor license because:
“Frederick Martori, Jr. inherited his interest in JTF Enterprises, Inc. upon the passing of
his father Frederick Martori, Sr. earlier this year. The substitution of Mr. Martori for his
father as a shareholder of the licensee is the only change affecting the subject liquor
license. Mr. Martori has no criminal record or Title IV violations. He was born and
raised in the Phoenix metropolitan area and graduated from Grand Canyon University
with a degree in business management in 2015. He will ensure the licensee is
operated professionally with safety and welfare of its patrons, employees and the
adjacent neighborhood as his top priority. Mr. Martori's long-time residence is in the
area and his history of compliance with state laws and regulations establishes that he
is capable, qualified and reliable to hold an ownership interest in an entity holding an
Arizona liquor license."

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.








Report

Liquor License - Asian Fusion Cafe - District 2

Request for a liquor license. Arizona State License Application 314549.

Summary

Applicant
Sheng Quan Yu, Agent

License Type
Series 12 - Restaurant

Location
3170 W. Carefree Highway, Ste. C1
Zoning Classification: C-2 PCD NBCC
Council District: 2

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application was January 11, 2025. However, the
applicant submitted a written request for more time.

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
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.

Shinme Sushi (Series 12)
3020 S. Gilbert Road, Ste. 5, Chandler
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar, and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability, and qualifications to hold a liquor license because:
“I have over 20 years of experience in the restaurant industry, operating a successful
business that complies with all city regulations. I have trained staff on responsible
alcohol service and have a proven record of maintaining a safe and welcoming
environment for customers.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The liquor license will allow us to provide a full dining experience to our customers,
complementing our food offerings with beer, wine. It will attract a large customer base,
especially during evening and weekend hours, benefiting the local economy through
increased sales and employment opportunities.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Asian Fusion Cafe - Data
Attachment - Asian Fusion Cafe - Map

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

Liquor License Data: ASIAN FUSION CAFE
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Liquor Store 9 2 1

Beer and Wine Store 10 2 2

Restaurant 12 6 3


Crime Data

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

Property Crimes 64.2 20.99 45.32

Violent Crimes 12.31 3.05 4.24

*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 43 3

Total Violations 74 3


Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6100002 1938 100 23 3

6106002 522 94 11 2

6106003 2890 73 27 3

6106004 1133 91 22 5

6113001 1825 31 33 6

Average 0 61 13 19




Liquor License Map: ASIAN FUSION CAFE
3170 W CAREFREE HWY




Date: 1/3/2025




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Report

Liquor License - Clearwater Mayo - District 2

Request for a liquor license. Arizona State License Application 307272.

Summary

Applicant
William Allison, Agent

License Type
Series 12 - Restaurant

Location
6650 E. Mayo Boulevard
Zoning Classification: R-3A
Council District: 2

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application was January 6, 2025. However, the
applicant submitted a written request for more time.

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.

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:
“SHP VI Mayo Owner LLC, which owns the residential senior facility, is a subsidiary of
PGIM, Inc. PGIM and Clearwater Living, the management company, each
own/manage liquor licenses for residential senior facilities across many states without
incidents or violations. SHP VI Mayo Owner purchased the facility from LIV
Generations, which operated it after its opening in 2022.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Residents of the senior facility appreciate the ability to have a glass of wine or other
spirit with friends and guests when dining at Clearwater Mayo. The Series 12 liquor
license meets the needs of residents and ensures they are conveniently and
substantially served at 'home'."

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Clearwater Mayo - Data
Attachment - Clearwater Mayo - Map

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





Liquor License Data: CLEARWATER MAYO
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 5 1

Beer and Wine Bar 7 1 0

Liquor Store 9 2 0

Hotel 11 1 0

Restaurant 12 21 9


Crime Data

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

Property Crimes 64.2 19.71 59.87

Violent Crimes 12.31 1.51 4.14

*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 43 2

Total Violations 74 2



Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6152001 1993 8 29 12

Average 0 61 13 19




Liquor License Map: CLEARWATER MAYO
6650 E MAYO BLVD




Date: 11/26/2024




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Report

Liquor License - Special Event - Cancer Support Community Arizona - District 4

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

Summary

Applicant
Kayla Vucinich

Location
360 E. Palm Lane
Council District: 4

Function
Community Event

Date(s) - Time(s) / Expected Attendance
February 2, 2025 - 10 a.m. to 2 p.m. / 300 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.








Report

Liquor License - Special Event - Coronado Neighborhood Association, Inc. -
District 4

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

Summary

Applicant
Alexis Finney

Location
1717 N. 12th Street
Council District: 4

Function
Street Fair

Date(s) - Time(s) / Expected Attendance
February 23, 2025 - 10 a.m. to 4 p.m. / 800 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.








Report

Liquor License - The Osborn Cafe - District 4

Request for a liquor license. Arizona State License Application 316973.

Summary

Applicant
Wilford Rhine, Agent

License Type
Series 12 - Restaurant

Location
607 W. Osborn Road
Zoning Classification: C-2
Council District: 4

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit. This location
requires a Use Permit to allow patron dancing.

The 60-day limit for processing this application was January 13, 2025. However, the
applicant submitted a written request for more time.

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.

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 in the Restaurant business for over 20 yrs. with a Liquor License.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I will bring a new eating establishment to the area.”

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
Attachment - The Osborn Cafe - Data
Attachment - The Osborn Cafe - Map

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





Liquor License Data: THE OSBORN CAFE
Liquor License

Description Series 1 Mile 1/2 Mile

Government 5 1 0

Bar 6 11 0

Beer and Wine Bar 7 3 0

Liquor Store 9 4 2

Beer and Wine Store 10 15 1

Hotel 11 2 1

Restaurant 12 36 6


Crime Data

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

Property Crimes 64.2 195.14 273.46

Violent Crimes 12.31 33.09 28.98
*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 43 69

Total Violations 74 103




Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1104001 1724 53 6 33

1104002 778 35 16 12

1105011 551 49 20 14

1105012 1249 13 23 11

1105013 824 16 17 40

1105021 1057 13 34 30

1105022 1216 28 19 23

1118003 996 65 15 4

1119001 678 96 8 4

Average 0 61 13 19




Liquor License Map: THE OSBORN CAFE
607 W OSBORN RD




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Date:11/20/2024
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City Clerk Department



Report

Liquor License - Special Event - SS Simon & Jude Roman Catholic Cathedral
Phoenix - District 5

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

Summary

Applicant
Christine Hoye

Location
6351 N. 27th Avenue
Council District: 5

Function
Dinner

Date(s) - Time(s) / Expected Attendance
March 1, 2025 - 5:30 p.m. to 11 p.m. / 500 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.








Report

Liquor License - Dona Licha Mexican Kitchen - District 5

Request for a liquor license. Arizona State License Application 310468.

Summary

Applicant
Rocio Rivera, Agent

License Type
Series 12 - Restaurant

Location
4344 W. Indian School Road, Ste. 10
Zoning Classification: A-1
Council District: 5

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 was January 3, 2025. However, the
applicant submitted a written request for more time.

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.

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 believe I hold great qualities to hold the liquor license because I have alot of
knowledge of alcohol laws and have training to handle all situations that could be
presented. I will hold my establishment with all the standards of the law as well.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I believe that by acquiring the liquor license at Dona Licha it will complement the
Mexican food we serve. As well we are a family oriented restaurant, we also will
ensure to uphold the laws and regulations of the State of Arizona.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Dona Licha Mexican Kitchen - Data
Attachment - Dona Licha Mexican Kitchen - Map

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





Liquor License Data: DONA LICHA MEXICAN KITCHEN
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 2 2

Bar 6 6 2

Beer and Wine Bar 7 2 0

Liquor Store 9 2 0

Beer and Wine Store 10 6 2

Restaurant 12 5 5


Crime Data

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

Property Crimes 64.2 165.68 147.13

Violent Crimes 12.31 40.26 32.69
*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 43 21

Total Violations 73 39




Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1092003 1593 11 26 32

1093001 1129 74 7 26

1093002 1725 55 22 30

1100022 2566 44 6 47

1101001 1919 16 15 58

Average 0 61 13 19




Liquor License Map: DONA LICHA MEXICAN KITCHEN
4344 W INDIAN SCHOOL RD




Date: 12/9/2024




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0 0.170.35 0.7 1.05 1.4
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City Clerk Department



Report

Liquor License - Holiday Inn Express Phoenix West Tolleson - District 5

Request for a liquor license. Arizona State License Application 315734.

Summary

Applicant
Jared Repinski, Agent

License Type
Series 7 - Beer and Wine Bar

Location
1750 N. 95th Lane
Zoning Classification: C-2
Council District: 5

This request is for a new liquor license for a bar in a hotel. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow a bar, outdoor dining, and outdoor alcohol consumption.

The 60-day limit for processing this application was January 12, 2025. However, the
applicant submitted a written request for more time.

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.

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 representing liquor license establishments in Arizona for over 15 years.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Tourism plays an important role in our local economy and liquor licensed
establishments (the sale of alcohol) is a very important aspect of tourism. Therefore, if
the City of Phoenix continues to lead the State of Arizona by approving quality and
diverse businesses (restaurants, bars, microbreweries, distilleries, hotels, resorts, golf
courses, special events, convenience / liquor / grocery stores & gas stations) similar to
this proposed liquor licensed business, all businesses will prosper.”

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
Attachment - Holiday Inn Express Phoenix West Tolleson - Data
Attachment - Holiday Inn Express Phoenix West Tolleson - Map

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





Liquor License Data: HOLIDAY INN EXPRESS PHOENIX
WEST TOLLESON
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 0

Beer and Wine Bar 7 1 0

Liquor Store 9 1 1

Beer and Wine Store 10 5 1

Hotel 11 1 1

Restaurant 12 16 6


Crime Data

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

Property Crimes 64.2 36.01 54.88

Violent Crimes 12.31 6.02 8.59
*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 43 15

Total Violations 74 22




Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

0820171 2735 42 25 19

0820172 1746 87 18 21

0820241 1937 60 20 10

0820242 2447 19 7 11

0830002 3117 42 18 28

Average 0 61 13 19




Liquor License Map: HOLIDAY INN EXPRESS PHOENIX WEST TOLLESON
1750 N 95TH LN




Date: 1/3/2025




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City Clerk Department



Report

Liquor License - Clearwater Ahwatukee - District 6

Request for a liquor license. Arizona State License Application 307270.

Summary

Applicant
William Allison, Agent

License Type
Series 12 - Restaurant

Location
15815 S. 50th Street
Zoning Classification: C-2 MR
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.

The 60-day limit for processing this application was January 6, 2025. However, the
applicant submitted a written request for more time.

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.

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:
“SHP VI Ahwatukee Owner LLC, which owns the residential senior facility, is a
subsidiary of PGIM, Inc. PGIM and Clearwater Living, the management company,
each own/manage liquor licenses for residential senior facilities across many states
without incidents or violations. SHP VI Ahwatukee Owner purchased the facility from
LIV Generations, which operated it after its opening in 2017.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Residents of the senior facility appreciate teh ability to have a glass of wine or other
spirit with friends and guests when dining at Clearwater Ahwatukee. The Series 12
liquor license meets the needs of residents and ensures they are conveniently and
substantially served at 'home'."

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Clearwater Ahwatukee - Data
Attachment - Clearwater Ahwatukee - Map

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





Liquor License Data: CLEARWATER AHWATUKEE
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 0

Beer and Wine Bar 7 2 1

Liquor Store 9 3 1

Beer and Wine Store 10 8 4

Hotel 11 1 1

Restaurant 12 17 12


Crime Data

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

Property Crimes 64.2 37.23 62.52

Violent Crimes 12.31 5.04 10.61
*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 43 5

Total Violations 74 7




Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1167121 2721 19 15 9

1167123 2451 69 5 8

1167191 1679 87 3 2

1167192 1023 3 7 22

8104002 314 3 25 12

9804001 13 0 0 82

Average 0 61 13 19




Liquor License Map: CLEARWATER AHWATUKEE
15815 S 50TH ST




Date: 1/3/2025




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Report

Liquor License - Mensho Ramen - District 6

Request for a liquor license. Arizona State License Application 313870.

Summary

Applicant
Huong Tram Le Truong, Agent

License Type
Series 12 - Restaurant

Location
5813 N. 7th Street, Ste. 140
Zoning Classification: C-2
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.

The 60-day limit for processing this application was January 7, 2025. However, the
applicant submitted a written request for more time.

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
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.

Mensho (Series 12)
805 N. Dobson Road, Ste. 115, Mesa
Calls for service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar, and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability, and qualifications to hold a liquor license because:
“This is Applicant's second restaurant in Arizona, with the other also being a franchise
location of the popular Japanese ramen restaurant. Applicant has had years of
experience opertaing restaurants. Its managers and staff will receive regular and
comprehensive training in Arizona's alcohol laws to ensure compliance.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The business will add another well-regarded and highly anticipated culinary choice to
central Phoenix. A liquor license is instrumental for the business to prosper.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Mensho Ramen - Data
Attachment - Mensho Ramen - Map

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



Liquor License Data: MENSHO RAMEN
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 5 2

Beer and Wine Bar 7 10 1

Liquor Store 9 6 3

Beer and Wine Store 10 6 1

Restaurant 12 45 19


Crime Data

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

Property Crimes 64.2 115.02 132.9

Violent Crimes 12.31 13.24 16.98
*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 43 40

Total Violations 74 56




Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1065012 1594 61 18 32

1065023 919 56 15 10

1066002 2064 83 7 5

1075001 758 80 2 3

1075002 1458 74 7 15

1076011 319 65 16 46

1076012 904 38 24 23

1076013 1748 38 8 17

1076021 1311 82 0 6

Average 0 61 13 19




Liquor License Map: MENSHO RAMEN
5813 N 7TH ST




Date: 12/6/2024




Ü
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City Clerk Department



Report

Liquor License - Special Event - Saint Sava Serbian Orthodox Church - District 8

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

Summary

Applicant
Andre Tkacenko

Location
4436 E. Mckinley Street
Council District: 8

Function
Concert

Date(s) - Time(s) / Expected Attendance
February 15, 2025 - 5 p.m. to Midnight / 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.








Report

Liquor License - Cleaverman, Filthy & Uppercut - District 8

Request for a liquor license. Arizona State License Application 315168.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
455 N. 3rd Street, Ste. 1005 and 1007
Zoning Classification: DTC - Business Core
Council District: 8

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
is currently being remodeled with plans to open in March 2025.

The 60-day limit for processing this application was January 14, 2025. However, the
applicant submitted a written request for more time.

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
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.

Wren and Wolf (Series 12)
2 N. Central Avenue, Ste. 101, Phoenix
Calls for police service: 36
Liquor license violations: None

Chico Malo (Series 12)
50 W. Jefferson Street, Ste. 100, Phoenix
Calls for police service: 123
Liquor license violations: In August 2019, a fine of $250 was paid for altering the floor
plan without notifying the State Department of Liquor Licenses and Control.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar, and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability, and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards to maintain compliance
with applicable laws. Managers and staff will be trained in the techniques of legal and
responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Cleaverman, Filthy & Uppercut will open at the Az Center in downtown Phoenix, and
will feature a variety of gourmet salad, seafood, steak, and side dishes in a
sophisticated setting. Applicant would like to offer guests 21 and over the opportunity
to enjoy alcoholic beverages as an incident to the dishes served.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with


the City of Phoenix Code and Ordinances.

Attachments
Attachment - Cleaverman, Filthy & Uppercut - Data
Attachment - Cleaverman, Filthy & Uppercut - Map

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





Liquor License Data: CLEAVERMAN, FILTHY & UPPERCUT

Liquor License

Description Series 1 Mile 1/2 Mile

Producer 1 1 0

Microbrewery 3 2 1

Wholesaler 4 1 0

Government 5 7 4

Bar 6 48 32

Beer and Wine Bar 7 12 8

Liquor Store 9 6 4

Beer and Wine Store 10 13 4

Hotel 11 7 5

Restaurant 12 112 77

Club 14 2 0


Crime Data

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

Property Crimes 64.2 252.12 415.92

Violent Crimes 12.31 53.79 85.45

*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 43 57

Total Violations 73 93




Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1130001 1218 23 16 11

1130002 873 29 21 38

1131001 1015 7 8 28

1131002 1242 3 7 33

1132021 731 33 20 74

1132022 1257 47 29 55

1132031 1473 30 20 57

1140001 1831 25 20 47

1141001 2299 16 37 44

Average 0 61 13 19




Liquor License Map: CLEAVERMAN, FILTHY & UPPERCUT
455 N 3RD ST




Ü
Date:11/18/2024
0 0.170.35 0.7 1.05 1.4
mi

City Clerk Department



Report

Bureau of Reclamation

For $55,000 in payment authority to the United States Bureau of Reclamation for the
Parks and Recreation Department's annual administrative fee for calendar year 2025.
The administrative costs are associated with the agreement for land use of the 1,200-
acre Reach 11 Sports Complex Recreation Area.








Report

National Association of City Transportation Officials, Inc.

For $66,250 in payment authority for a two-year (2024 and 2025) membership to
National Association of City Transportation Officials (NACTO) for the Street
Transportation Department. NACTO provides North American cities and transit
agencies an invaluable forum to exchange transportation ideas, insights, and practices
and cooperatively approach national transportation issues.








Report

MP Nexlevel, LLC

For $850,100 in additional payment authority for Contract 154121, Change Order 4
(ST89360035), Indian School Fiber Transportation Enhancement Design-Bid-Build for
the Street Transportation Department. This change order is for additional time, work,
materials, mobilization, and traffic control to complete the project.








Report

Arizona Science Center

For $200,000 in additional payment authority for Contract 127032 for the Arizona
Science Center's annual reimbursement of utilities for the Parks and Recreation
Department. The contract provides for the City to reimburse the Arizona Science
Center for a percentage of annual utility expenses. The agreement allows the Arizona
Science Center to maintain and operate on behalf of the City of Phoenix, providing
science education and programs designed to increase the knowledge and
understanding of science for youth and adults alike.








Report

City of Scottsdale

For $150,000 in payment authority for Contract 69310-MOU-0 with the City of
Scottsdale, pursuant to the Memorandum of Understanding of Overlapping Retail
Sewer Services for the Water Services Department (WSD). The City of Scottsdale
provides sewer services at a wholesale rate to Phoenix customers for sewer areas
within Phoenix boundaries but outside the WSD distribution and Wastewater Collection
area.








Report

City of Mesa

For $300,000 in annual payment authority for the water, wastewater, solid waste, and
gas costs associated with the Val Vista Water Treatment Plant, including yearly
maintenance and repair shutdown for the Water Services Department. During the
shutdown, services are purchased from the City of Mesa for the site, including potable
water, wastewater services, solid waste services for removing debris from the Salt
River Project South Canal, and natural gas services to power standby generators.








Report

Settlement of Claim(s) Young v. City of Phoenix

To make payment of up to $400,000 in settlement of claim(s) in Young v. City of
Phoenix, CV2020-003148,19-0398-001, GL, for the Finance Department pursuant to
Phoenix City Code Chapter 42. This is a settlement of a claim involving the Planning
and Development Department that occurred on October 22, 2019.








Report

Settlement of Claim(s) Mann v. City of Phoenix

To make payment of up to $55,560 in settlement of claim(s) in Mann v. City of Phoenix
, CV2023-016450, 22-0797-002, AU, BI, for the Finance Department pursuant to
Phoenix City Code Chapter 42. This is a settlement of a claim involving the Public
Works Department that occurred on November 21, 2022.








Report

Settlement of Claim(s) Qwest Corporation v. City of Phoenix

To make payment of up to $211,326 in settlement of claim(s) in Qwest Corporation v.
pursuant to Phoenix City Code Chapter 42. This is a settlement of a claim involving the
Water Services Department that occurred on September 5, 2020.








Report

Settlement of Claim(s) Campbell v. City of Phoenix

To make payment of up to $47,000 in settlement of claim(s) in Campbell v. City of
Phoenix, 23-0411-001, GL, PD, for the Finance Department pursuant to Phoenix City
Code Chapter 42. This is a settlement of a claim involving the Water Services
Department that occurred on October 25, 2023.








Report

Settlement of Claim(s) Bustillos v. City of Phoenix

To make payment of up to $45,000 in settlement of claim(s) in Bustillos v. City of
Phoenix, 23-0758-001, AU, BI, for the Finance Department pursuant to Phoenix City
Code Chapter 42. This is a settlement of a claim involving the Public Works
Department that occurred on February 8, 2024.








Report

Settlement of Claim(s) Gonzalez v. City of Phoenix

To make payment of up to $30,000 in settlement of claim(s) in Gonzalez v. City of
Phoenix, 23-0100-001, GL, PD, for the Finance Department pursuant to Phoenix City
Code Chapter 42. This is a settlement of a claim involving the Water Services
Department that occurred on July 19, 2023.








Report

Selection of Vice Mayor - Citywide

Request to permit the City Council to select one of its members to serve as Vice
Mayor, until such time of another Vice Mayor selection, pursuant to Phoenix City
Charter IV, section 3. Rule 7(c) of the Rules of Council Proceedings states that "The
Council shall select a new Vice Mayor once each calendar year at the first Formal
meeting in January or at the next regularly scheduled meeting after a Vice Mayor
vacancy occurs."

Responsible Department
This item is submitted by the City Manager's Office.








Report

Acceptance and Dedication of Easements and Deeds for Public Utility, Sidewalk
and Roadway Purposes (Ordinance S-51569) - Districts 2, 7 & 8

Request for the City Council to accept and dedicate easements and deeds for public
utility, sidewalk, and roadway purposes; further ordering the ordinance recorded. Legal
descriptions are recorded via separate recording instrument.

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)
MCR: 20240626731
Applicant and Grantor: New Vision Center for Spiritual Living; its successor and
assigns
Date: November 22, 2024
Purpose: Public Utility
Location: 18010 N. Tatum Boulevard
APN: 215-12-663
File: 240086
Council District: 2

Easement (b)
MCR: 20240622436
Applicant and Grantor: Palm Skyline, LLC; its successor and assigns
Date: November 20, 2024
Purpose: Sidewalk
Location: 1414 N. 5th Street (338 E. Willetta Street)
APN: 111-37-041
File: 240091
Council District: 7

Easement (c)
MCR: 20240619678



Applicant and Grantor: Sabrina Otero and Danielle Gonzales Otero; Alazaye Marielle
Otero; its successor and assigns
Date: November 19, 2024
Purpose: Public Utility
Location: 2636 W. Olney Avenue
APN: 300-16-014R
File: 240094
Council District: 8

Deed (d)
MCR: 20240619679
Applicant and Grantor: Sabrina Otero and Danielle Gonzales Otero; Alazaye Marielle
Otero; its successor and assigns
Date: November 19, 2024
Purpose: Roadway
Location: 2636 W. Olney Avenue
APN: 300-16-014R
File: 240094
Council District: 8

Deed (e)
MCR: 20240622435
Applicant and Grantor: TNR Realty, LLC; its successor and assigns
Date: November 20, 2024
Purpose: Roadway
Location: 1318 N. 24th Street
APN: 116-05-108
File: 240050
Council District: 8

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








Report

Pesticides and Herbicides Contract - IFB-24-0403 - Request for Award
(Ordinance S-51570) - Citywide

Request to authorize the City Manager, or his designee, to enter into contracts with
Adapco, LLC; Harrell's, LLC; Helena Agri-Enterprises, LLC; Heritage Landscape
Supply Group, Inc. dba Heritage Professional Products Group; Rare Agricultural
Products, LLP; Simplot AB Retail, Inc. dba Simplot Turf and Horticulture; Rentokil
North America, Inc. dba Target Specialty Products; and ES OPCO USA LLC dba
Veseris to provide pesticides and herbicides for the citywide 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 $2,696,397.

Summary
These contracts will provide various pesticides and herbicides, intended for preventing,
destroying, repelling, or mitigating pests and for use as plant regulators, defoliants, or
desiccants. Products include insecticides, larvicides, herbicides, and associated
additives, indicators, colorants, and organic alternatives. The primary using
departments are Aviation, Parks and Recreation, and Water Services Department.

Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.

There were 11 offers submitted and 9 were deemed to be responsive and responsible.
The procurement officer evaluated the offers based on price and recommends awards
to the following Offerors:

Selected Bidders
Adapco, LLC
Harrell's, LLC
Helena Agri-Enterprises, LLC
Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group
Rare Agricultural Products, LLP
Simplot AB Retail, Inc. dba Simplot Turf and Horticulture
Rentokil North America, Inc. dba Target Specialty Products



ES OPCO USA LLC dba Veseris

Contract Term
The contracts will begin on or about January 15, 2025, for a five-year term with no
options to extend.

Financial Impact
The aggregate contracts value will not exceed $2,696,397.

Funding is available in the various departments' budgets.

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








Report

Safety Equipment and Supplies - COOP 20-062 - Amendment (Ordinance S-
51595) - Citywide

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 151619 with Ritz Safety Corp. dba Ritz Safety, LLC & AGS Safety and Supply
to extend the contract term. Further request to authorize the City Controller to disburse
all funds related to this item. As no additional funds are needed, request to continue
using Ordinances S-50694 and S-46325.

Summary
This contract will provide personal protective equipment (PPE) to meet the obligations
of the Occupational Safety and Health Act. Administrative Regulation 2.313 sets
administrative controls to eliminate employee exposure to unsafe conditions,
preventing harm or injury to City employees in departments Citywide. The City
purchases PPE and supplies, which may include, but are not limited to: safety glasses,
ear plugs, gloves, hard hats, safety vests, first aid kits, and other general safety
supplies. The requested products are critical to safe Citywide operations.

Contract Term
Upon approval, the contract will be extended through September 30, 2025.

Financial Impact
The aggregate value of the contract will not exceed $2,600,000 and no additional
funds are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Safety Equipment and Supplies Contract 151619 (Ordinance S-46325) on January
29, 2020; and
• Safety Equipment and Supplies Contract 151619 (Ordinance S-50694) on March 20,
2024.

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






Report

Federal Legislative Representation and Consulting Services - EXC 20-095 -
Amendment (Ordinance S-51572) - Citywide

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 153512 with HROD, Inc. DBA Murray Montgomery &
O’Donnell for the purchase of Federal Legislative Representation and Consulting
Services for the Office of Government Relations. Further request to authorize the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $44,000.

Summary
This contract will continue to provide assistance to the Office of Government Relations
and other City departments with identifying grant opportunities and successfully
pursuing funding that supports City services. The consultant will represent the City
face-to-face with elected officials and agencies that make decisions about federal
funding that directly affects crucial City programs and services in areas including, but
not limited to, water and environment, community development, transportation, and
public safety.

Contract Term
The contract term remains unchanged, ending on April 14, 2025.

Financial Impact
Upon approval of $44,000 in additional funds, the revised aggregate value of the
contract will not exceed $444,000. Funds are available in the Office of Government
Relation's budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Federal Legislative Representation and Consulting Services - Contract 153512
(Ordinance S-46512-34) on April 15, 2020;
• Federal Legislative Representation and Consulting Services - Contract 153512
(Ordinance S-47342) on March 3, 2021; and
• Federal Legislative Representation and Consulting Services - Contract 153512
(Ordinance S-49454) on March 1, 2023.




Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Office of Government
Relations.








Report

Actuarial Services for MERP, LTD and Sick Leave Benefits Contract - RFP PS-24-
0310 - Request for Award (Ordinance S-51573) - District 7

Request to authorize the City Manager, or his designee, to enter into a contract with
Gabriel, Roeder, Smith & Company to provide actuarial services for the Medical
Expense Reimbursement Plan (MERP), Long Term Disability (LTD), and Compensated
Absence Benefits for the City of Phoenix Finance 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 $211,200.

Summary
This contract will provide the City of Phoenix Finance Department with external
actuarial expertise for the MERP, LTD, and Compensated Absence Benefits, in
compliance with U.S. governmental accounting standards. Actuarial valuation reports
will be generated to present the findings of the MERP, LTD, and Sick Leave Benefits
valuations for the City of Phoenix for the relevant Fiscal Year.

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

Two vendors submitted proposals deemed responsive and responsible. An evaluation
committee of City staff evaluated those offers based on the following criteria with a
maximum possible point total of 1,000:

Qualifications and Experience (0-200 points)
Method of Approach (0-300 points)
Capacity (0-300 points)
Pricing (0-200 points)

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

· Gabriel, Roeder, Smith & Company, with 861.25 points.




Contract Term
The contract will begin on or about February 3, 2025, for a five-year term with no
options to extend.

Financial Impact
The aggregate contract value will not exceed $211,200.

Funding is available in the Finance Department's budget.

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








Report

Amendments to the City’s Combined Classification and Pay Ordinance (S-51144)
in Accordance with Human Resources Committee 631 Recommendations
(Ordinance S-51596) - Citywide

The following amendments to the combined Classification and Pay Ordinance (S-
51144) are proposed in accordance with the recommendation of Human Resources
Committee 631, to be effective on February 3, 2025.

Retitle the classification of Park Ranger III, Job Code: 40120, Salary Plan: 001,
Grade/Range: 046 ($35,984 - $78,541/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Protective Service Non-Sworn, FLSA Status:
Nonexempt to Job Title: Park Ranger Supervisor.

Retitle the classification of Park Ranger II, Job Code: 40130, Salary Plan: 001,
Grade/Range: 040 ($32,635 - $67,850/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Protective Service Non-Sworn, FLSA Status:
Nonexempt to Job Title: Park Ranger.

Establish the assignment of Park Ranger Supervisor*Urban, Job Code: 40122, Salary
Plan: 001, Grade/Range: 046 ($35,984 - $78,541/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Protective Service Non-Sworn, FLSA Status:
Nonexempt.

Establish the assignment of Park Ranger Supervisor*Preserve, Job Code: 40121,
Salary Plan: 001, Grade/Range: 046 ($35,984 - $78,541/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Protective Service Non-Sworn, FLSA
Status: Nonexempt.

Establish the assignment of Park Ranger*Urban, Job Code: 40133, Salary Plan: 001,
Grade/Range: 040 ($32,635 - $67,850/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Protective Service Non-Sworn, FLSA Status:
Nonexempt.

Establish the assignment of Park Ranger*Preserve, Job Code: 40132, Salary Plan:
001, Grade/Range: 040 ($32,635 - $67,850/annual), Labor Unit Code: 007, Benefit



Category: 007, EEO-4 Category: Protective Service Non-Sworn, FLSA Status:
Nonexempt.

Summary
The Classification and Compensation study was implemented rapidly to address a
systemic staffing and labor market crisis throughout the City. Adjustments to grade and
salary ranges are necessary as the City adapts to the new pay structures that took
effect on August 7, 2023. These recommendations balance internal alignment with
external market focus. As a result of the changes made during the Classification and
Compensation study, staff requests that the adjustments listed above be approved.

Financial Impact
There is no financial impact associated with these actions.

Concurrence/Previous Council Action
On December 19, 2024, Human Resources Committee 631 reviewed and
recommended these modifications for approval effective on February 3, 2025.

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








Report

Phoenix.gov Redesign, Implementation and Ongoing Support Services - RFP 23-
025 - Amendment (Ordinance S-51577) - Citywide

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 158869 with J.R. Reingold & Associates, Inc. to modify the scope of work and
request additional expenditures. 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 provides services related to the modernization and implementation of a
new Phoenix.gov website for Citywide departments. The new website will serve as the
primary resource for residents, businesses, and tourists, offering a trustworthy, easy-to
-navigate, and informative experience. This request will allow the Contractor to add
two additional resources to provide enhanced operational and maintenance support.
The additional expenditures will fund the additional resources and "Post-Go-Live"
ongoing support for operations and maintenance services through the expiration of the
contract. The original ordinance covered implementation activities to include, but not
be limited to: discovery, research and strategy, content and design, solution
development and technology, project management, change management, and training.

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

Contract Term
The contract term remains unchanged, ending on July 31, 2028.

Financial Impact
Upon approval of $2,000,000 in additional funds, the revised aggregate value of the
contract will not exceed $5,000,000. Funds are available in the Information Technology
Services Department’s budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Phoenix.gov Redesign, Implementation and Ongoing Support Services, Contract


158869 (Ordinance S-50057) on July 3, 2023.

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








Report

Legal Services - Amendment of Ordinance S-49864 to Include Contract with
Littler Mendelson, P.C. and Tiffany & Bosco, P.A. for Outside Counsel Legal
Services (Ordinance S-51582) - Citywide

Request to authorize the City Attorney, through the City Manager or his designee, to
amend Ordinance S-49864 to include the following contracts to provide outside
counsel legal services to the City on an as-needed basis as determined by the City
Attorney: Littler Mendelson, P.C. and Tiffany & Bosco, P.A. Further request
authorization for the City Controller to disburse all funds related to this item. The
amount of $19,000,000 was previously authorized in Ordinance S-49864 for legal
services, and no additional funds are needed.

Summary
In accordance with the authority granted by Ordinance S-49864, the City Attorney is
permitted to enter into legal services agreements with various law firms and lawyers to
provide outside counsel services on an as-needed basis as determined by the City
Attorney for Fiscal Years 2023-24 and 2024-25. The law firms and lawyers are set forth
in Attachment A to Ordinance S-49864 and may include amendments thereto. The
purpose of this Ordinance is to memorialize amendment of Attachment A to include the
following firms: Littler Mendelson, P.C. and Tiffany & Bosco, P.A. These law firms and
lawyers provide outside counsel services to the City in numerous, selected legal areas
on an as-needed basis as determined by the City Attorney.

Contract Term
In accordance with the authority granted by Ordinance S-49864, the terms of the
contracts may begin any time on or after July 1, 2023, and expire on June 30, 2025,
although current legal services for litigation continue under a Letter of Engagement
until the case is resolved.

Financial Impact
The aggregate value of the contracts, in conjunction with the other outside counsel
legal services agreements permitted by Ordinance S-49864, will not exceed
$19,000,000. No additional funds are needed.





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





Attachment A


CITY OF PHOENIX
LAW DEPARTMENT
REQUEST FOR QUALIFICATION (RFQu) OUTSIDE COUNSEL LEGAL
SERVICES RFQu-LAW23-0084
AWARD RECOMMENDATION

The City of Phoenix Law Department would like to thank all participants for submitting
proposals for the above-mentioned RFQ.

The City Attorney’s Office issued a request for qualifications from lawyers, law firms and
consultants to provide outside counsel services to the City in numerous, selected legal
areas on an as-needed basis as determined by the City Attorney.

The City has selected the proposals from the following law firms to advance for
negotiation of contract terms on an as-needed basis:
Anderson & Krieger, LLP Lamb & Lerch
Andrew M. Ellis Law, PLLC Lewis Brisbois Bisgaard & Smith LLP
Apperson Crump, PLC Lieff Cobraser Heimann & Bernstein, LLP
Berke Law Firm, PLLC McKay Law
Brennan, Manna, & Diamond, LLC Miller, Pitt, Feldman & McAnally, PC
Broening, Oberg, Woods, & Wilson, PC Morgan Lewis & Bockius, LLP
Burch & Cracchiolo, PA Nossaman, LLP
BurnsBarton, PLC O'Connor & Dyet, PC
Calderon Law Offices PLC Ogletree Deakins Nash Smoak & Stewart, PC
Culp & Kelly LLP Osborn Maledon
Elardo, Bragg, Rossi, & Palumbo PC Perkins Coie
Engelman Berger, PC Peshkin & Kotalik, PC
Fisher & Phillips, LLP Pierce Coleman, PLLC
Fox Rothschild, LLP Richards & Moskowitz, PLC
Gabriel & Ashworth, PLLC Robbins Gellar Rudman & Dowd, LLP
Greenberg Traurig, LLP Sanders & Parks, PC
Gurstel Law Firm, PC Scharff, PC
Gust Rosenfeld, PLC Sherman & Howard, LLC
Hawkins Delafield & Wood, LLP Stinson, LLP
Herrera Arellano, LLP Struck Love Bojanowski & Acedo, PLC
Holloway Odegard & Kelly, PC Suffecool Las, PLLC
Ice Miller, LLP The Cavanagh Law Firm, PA
Jackson Lewis, PC Thomas W Galvani, PC
Jackson Walker LLP Thompson Coburn, LLP
Jardine Baker Hickman & Houston, PLLC Thorpe Swer, PC
Jones, Skelton & Hochuli, PLC Udall Shumway, PLC




Kaplan Fox & Kilsheimer LLP Wieneke Law Group
Kaplan Kirsch & Rockwell LLP Wood Smith Henning & Berman, LLP
Kutak Rock LLP Wright Welker & Pauole, PLC

The following firms did not offer submittals to RFQu-LAW-23-0084 but will continue to
provide legal services on the matters started under the prior attorney list and legal services
agreements:

Ballard Spahr,
LLP Harvey Law
PLLC
Jennings, Strouss & Salmon,
PLC Squire Patton Boggs LLP
Warner Angle Hallam Jackson & Formanek, PLC

The following firms are added in accordance with LF24-0828:

Berry Riddell, LLC
Hull, Holliday & Holliday, PLC
Spencer Fane, LLP

The following firm is added in accordance with LF24-2520:

Lippman Recupero

The following firm is added in accordance with LF24-2762:

Littler Mendelson, P.C.
Tiffany & Bosco P.A.







Report

Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
51579) - Citywide

Request to authorize the City Manager, or his designee, to transfer retirement funds for
Amy Brown in the amount of $10,862.32 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse the funds.

Summary
Pursuant to Arizona Revised Statutes, Sections 38-730 and 38-322, retirement service
credits for former members of the City of Phoenix Employees' Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of her credited service:

Brown, Amy: $10,862.32

Concurrence/Previous Council Action
This item was approved by the COPERS Board at the December 5, 2024 meeting.

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Retirement
Office.








Report

Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
51581) - Citywide

Request to authorize the City Manager, or his designee, to transfer retirement funds for
Rebecca Davis in the amount of $5,315.77 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse the funds.

Summary
Pursuant to Arizona Revised Statutes, Sections 38-730 and 38-322, retirement service
credits for former members of the City of Phoenix Employees' Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of her credited service:

Davis, Rebecca: $5,315.77

Concurrence/Previous Council Action
This item was approved by the COPERS Board at the December 5, 2024 meeting.

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Retirement
Office.








Report

(CONTINUED FROM DECEMBER 18, 2024) - Authorization to Amend Emergency
Shelter/Heat Related Respite Operator and Supportive Services Qualified Vendor
List and Increase Authority (Ordinance S-51541) - Citywide

Request authorization for the City Manager, or his designee, to amend authorization
for the Emergency Shelter/Heat Related Respite Operator and Supportive Services
Qualified Vendor List (QVL) to increase funding in an amount not to exceed $15
million, for a new not-to-exceed aggregate amount of $56,941,780, and to allow use of
any available Office of Homeless Solutions' (OHS) funding source to fund QVL
contracts up to the not-to-exceed amount. Further request authorization for the City
Controller to disburse funds for the life of the QVL.

Summary
The OHS provides support and services for persons experiencing homelessness and
is committed to ending homelessness through a comprehensive, regional approach to
housing and services. With the dramatic rise of unsheltered individuals experiencing
homelessness during and after the COVID-19 pandemic, OHS is allocating additional
resources to serve this population and focus on housing and services for those most
vulnerable. Qualified vendors from this procurement are awarded contracts for specific
projects when opportunities become available. Contracts awarded include assistance
with City-owned shelter and heat-respite projects, contractor-operated temporary
emergency shelter and heat related respite programs, as well as supportive services to
individuals or families experiencing homelessness.

Some prior Council actions related to this QVL (see Concurrence/Previous Council
Action) had specified certain OHS funding sources and amounts for QVL contracts.
Due to subsequent grant awards, reallocation of American Rescue Plan Act resources,
and other funding impacts, OHS now requests authority to use any OHS fund source,
including federal, state, county, and other grants, as well as general funds allocated to
OHS, to fund QVL contracts up to the not-to-exceed amount, subject to annual budget
approval.

Through these contracts, the City will continue to provide shelter and supportive
services to assist individuals moving from unsheltered homelessness to permanent
housing.




Because this item will have citywide impacts, staff is requesting consent of the full
Council under Section 2 of City Council Ordinance S-50419, which requires additional
Council approval for certain uses of the QVL.

Contract Term
The term of the QVL will remain unchanged, beginning February 1, 2023, through
June 30, 2028.

Financial Impact
The aggregate cost of the contracts will not exceed $56,941,780 over the life of the
QVL. Funding is available in the Human Services Department's operating budget and
via existing federal, state, and county grant funding.

Concurrence/Previous Council Action
· On January 25, 2023, the City Council approved the QVL with Ordinance S-49352.
· On May 15, 2023, the City Council approved additional $10.5 million in funding with
Ordinance S-50884.
· On June 28, 2023, the City Council approved an additional $13.3 million in funding
with Ordinance S-49924.
· On December 13, 2023, the City Council approved an additional $6,752,847 in
funding with Ordinance S-50419.
· On March 20, 2024, the City Council approved an additional $1,388,933 in funding
with Ordinance S-50706.

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








Report

Property Management Services Contract for the Affordable Housing Portfolio,
Group B - Request for Award (Ordinance S-51588) - Districts 2, 3 & 7

Request to authorize the City Manager, or his designee, to enter into a contract with
Consolidated Asset Management, Inc. to provide property management services for
the City of Phoenix Housing Department's Affordable Housing Portfolio, Group B
(Reflections on Portland, Ambassador West, Paradise Village, Foothills Court, Sahuaro
West, and Windrose Villas). Further request authorization for the City Controller to
disburse all funds related to this item. The aggregate contract value, including all
option years, will not exceed $10 million. There is no impact to the General Fund.

Summary
The City of Phoenix Housing Department, Asset Management Division, requires third-
party property management services in connection with the continued operations of
Group B, consisting of six multifamily rental housing properties with 437 rental units
that are a subset of the Affordable Housing Portfolio (Portfolio) located in Phoenix,
Arizona.

Procurement Information
Request for Proposal FY25-086-2 (DRW) for Property Management Services for the
Affordable Housing Portfolio, Group B, was conducted in accordance with
Administrative Regulation 3.10.

Five vendors submitted proposals by the deadline of October 7, 2024, and all were
deemed responsive and responsible. An evaluation panel, comprised of three City
staff, evaluated the submitted proposals. Proposals received points in the following
categories: Method of Approach (300 Points), Experience and Qualifications of Firm
and Key Personnel (450 Points), Price (150 Points), and References (100 Points). The
maximum possible score for each proposal in each group was 1,000 points. The final
scores for the proposals received are as follows:

· Consolidated Asset Management, Inc. 835 Points
· D.B. Chamberlin & Associates, L.L.C. 830 Points
· Envolve Client Services AZ, LLC 817 Points
· Dunlap & Magee Property Management Inc. 781 Points


· MEB Affordable Management Services LLC 743 Points

After reaching a consensus, the evaluation panel recommends Consolidated Asset
Management, Inc. The Housing Department concurs with the evaluation panel's
decision and recommends awarding the property management services contract to
Consolidated Asset Management, Inc.

Contract Term
The initial five-year contract term will begin on or about March 1, 2025, and end on or
about February 28, 2029. The contract includes an option to extend the term up to five
additional years, which may be exercised at the discretion of the City Manager or
designee.

Financial Impact
The aggregate contract value, including all option years, will not exceed $10 million
(including applicable taxes) with an estimated annual expenditure of $1 million.
Contract costs related to staffing and management fees will be funded by the rental
revenue generated by Group B properties. There is no impact to the General Fund.

Location
· Paradise Village: 2525 E. Aire Libre Avenue, District 2
· Foothills Court: 1606 W. Peoria Avenue, District 3
· Sahuaro West: 1650 W. Sahuaro Drive, District 3
· Windrose Villas: 1520 W. Peoria Avenue, District 3
· Reflections on Portland: 201 E. Portland Street, District 7
· Ambassador West: 345 N. 5th Avenue, District 7
Council Districts: 2, 3 and 7

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








Report

Vendor List (Ordinance S-51586) - Districts 1, 3, 4, 5, 7 & 8

Request to authorize the City Manager, or his designee, to approve a Qualified Vendor
List (QVL) and enter into a contract with KUEHG Corp. dba KinderCare Learning
Companies to provide Early Head Start Early Childhood Education Services for the
Head Start Birth to Five Program. The total value of the contract will not exceed
$3,237,402.83 over the life of the contract. Further request to authorize the City
Controller to disburse all funds related to this item.

Summary
Head Start programs prepare America’s most vulnerable young children to succeed in
school and in life beyond school. To achieve this, they deliver services to children and
families in core areas of early learning, health, and family well-being while engaging
parents as partners.

The City of Phoenix Head Start Birth to Five Program provides high-quality early
educational experiences and comprehensive social services through two key
programs: Early Head Start, which serves children from birth to three years old, and
Head Start Preschool, for children ages three to five. The primary goal of these
programs is to enhance the social competence and school readiness of low-income
children and their families. Additionally, tiered case management supports help to
stabilize families.

Procurement Information
On October 13, 2023, the Human Services Department issued a Request for
Qualifications, RFQu-23-EDU-78, to identify potential agencies that could provide
center-based services for children from birth to age five. As a result of this solicitation,
all 1,957 Head Start preschool slots were successfully awarded. However, only 104
out of 188 available Early Head Start slots were filled. To address the shortage of slots,
a second solicitation was released on June 20, 2024, to identify potential providers for
the remaining 84 Early Head Start slots.

RFQu-24-EDU-80 was processed in accordance with Administrative Regulation 3.10 to
establish a QVL.




The Human Services Department received two offers on September 13, 2024. Both
offers were deemed to be responsive and responsible. An evaluation committee
evaluated those offers based on the following criteria with a maximum possible point
total of 1,020:

· Program Operations - Program Structure.
· Curricula.
· Enrollment and Attendance.
· Child Screening and Assessment.
· Inclusion.
· Parent and Family Engagement.
· Father Engagement.
· Safety Practices.
· Health Practices.
· Mental Health Practices.
· Nutrition.
· Transitions for Children Birth through Age Two.
· Human Resources Management.
· Program Management and Continuous Quality Improvement.
· Program Organization Chart.
· Fiscal Infrastructure.
· Fiscal Capacity.
· Financial Management Systems.
· Facilities.
· Personnel Matters.
· Classroom Site Visit.

After reaching a consensus, the evaluation committee recommends an award to:
· KUEGH Corp. dba KinderCare Learning Companies: 910.5 points.

Contract Term
The contract will begin on or about February 1, 2025, for an initial 17-month term with
three one-year options to extend.

Financial Impact
The total contract value will not exceed $3,237,402.83. Funding is available from the
United States Department of Health and Human Services, Administration of Children,



Youth and Families. There is no impact to the General Fund.

Concurrence/Previous Council Action
On March 6, 2024, the City Council authorized staff to annually submit the Head Start
Birth to Five Refunding Applications for a five-year grant term beginning on or about
July 1, 2024, and accept grant funding. A portion of the grant funding will fund the
contract.

This item was approved by the Head Start Policy Council on April 8, 2024.

Location
KinderCare Learning Center #301465: 10653 N. 25th Avenue, Phoenix, AZ 85029
(District 3)
KinderCare Learning Center #301840: 7755 S. 51st Avenue, Laveen, AZ 85339
(District 8)
Council Districts: 1, 3, 4, 5, 7 and 8

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








Report

Energy Access Target Adoption (Resolution 22273) - Citywide

Request City Council approval to adopt an Energy Access target, which aims to
increase Phoenix household participation in low-income energy assistance programs
by 25 percent by 2030.

Summary
Ensuring accessible and affordable energy is essential for improving the quality of life
for Phoenix residents and fostering economic stability. Energy poverty refers to the
inability to meet a household’s energy needs. Energy burden is a common metric that
guides policy and regulations to tackle energy poverty; it is defined as the percentage
of household income spent on energy bills (including gas and electricity). A household
with high energy burden spends more than six percent of its pre-tax income on energy
bills, while a household with severe energy burden spends more than ten percent of its
pre-tax income on energy bills.

Based on the U.S. Department of Energy’s (DOE) Low-Income Energy Affordability
Data (LEAD) tool, Phoenix has 584,114 households, of which 150,783 are below the
200 percent Federal Poverty Level (FPL) and are considered low-income households
in regards to the target. The 200 percent FPL is commonly used as an eligibility
threshold for energy assistance and weatherization programs. According to LEAD,
79,079 low-income households experience a high energy burden, and out of these,
42,289 low-income households experience a severe energy burden.

The City of Phoenix’s membership in the C40 Cities Climate Leadership Group and the
City’s participation in the Global Covenant of Mayors (GCoM) include a commitment by
the City to develop strategies and measures to facilitate energy access and/or reduce
energy poverty in our community. To meet the City's GCoM commitments and maintain
our leadership as a Carbon Disclosure Project (CDP) A-List City, the City must set a
Council-approved Energy Access Plan (EAP) target by January 2025. Additionally, the
City is required to develop a draft EAP for City Council consideration by January 2026
that will outline the recommended actions the City will take to meet or exceed the EAP
targets. The GCoM Common Reporting Framework requires local governments to
assess energy access and energy poverty by considering the conditions of secure,
sustainable, and affordable energy. This assessment serves to guide the City in setting



appropriate targets. To ensure the development of inclusive and effective targets,
public engagement efforts began in 2024 and will continue through 2025 to gather
input from Phoenix residents across diverse communities. After reviewing available
data, and following discussions with community stakeholders, local utilities, and
relevant City departments, staff recommends the following target: increase household
participation in low-income energy assistance programs by 25 percent by 2030. The
2023 baseline for household participation in low-income energy assistance programs
is 72,074 households. This baseline will be used to measure progress toward
achieving the 25 percent increase target.

Energy assistance programs are currently available through utility companies and this
goal will help promote knowledge of these programs. Additional resources may be
available, such as weatherization programs and the state's Solar for All Program. By
increasing participation, Phoenix aims to reduce the energy burden on vulnerable
households and improve energy equity across the City.

Financial Impact
There is no financial impact to the City associated with this action.

Concurrence/Previous Council Action
This item was recommended for approval at the Transportation, Infrastructure, and
Planning Subcommittee meeting on December 18, 2024 by vote of 3-0.

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Alan
Stephenson, the Office of Sustainability, and the Office of Environmental Programs.








Report

Office of Heat Response and Mitigation Shade for Students Grant Program
(Ordinance S-51597) - Citywide

Request authorization for the City Manager, or his designee, to amend Ordinance S-
49803 with multiple grantees to allow an agreement extension for the American
Rescue Plan Act (ARPA) Shade for Students Grant Program and increase the dollar
amount for the funding of the program. The amended ordinance term for the Shade for
Students Grant Program will retroactively begin on May 31, 2023, and is valid through
June 30, 2025. All agreements may be extended based on available funding, which
extensions may be executed by the City Manager, or his designee. The contract may
contain other terms and conditions deemed necessary by City staff. The revised
funding amount will not exceed $1,520,156 using funding from the Residential Tree
Equity Accelerator and the Trees and Shade for Schools programs. The City Treasurer
is authorized to accept, and the City Controller is authorized to disburse, all funds
related to this item.

Summary
On June 7, 2022, Phoenix City Council approved the ARPA Second Tranche Strategic
Plan and allocated $6,000,000 of these funds for the Residential Tree Equity
Accelerator and the Trees and Shade for Schools programs. This funding created
three grant programs: Shade for Students, Canopy for Kids, and Community Canopy.

The Shade for Students Grant Program is providing funding for shade structures to
public school districts, non-profit schools, after-school or summer program nonprofits,
and youth-serving community centers in areas that have been disproportionately
negatively impacted by COVID-19. The shade structures are supporting public health
by expanding opportunities for safe outdoor learning and recreation. To date, 43 shade
structures have been constructed or retrofitted with this grant funding.

The Shade for Students Grant Program was originally authorized for $1,500,000 with a
program end date of December 31, 2024. An additional $20,156 is requested for this
program, and an extension through June 30, 2025, to meet unanticipated construction
costs and permitting timelines among a limited number of grantees. All grant funding
will be spent by the end of June 2025. Grantee expenditures to date are approximately
$1,500,000.




Financial Impact
Funding for this program will not exceed $1,520,156. There is no impact to the General
Fund. Funding is available through the City's allocation of ARPA funds from the federal
government.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Office of Heat
Response and Mitigation.








Report

Salt River Project Distribution Design and Construction Contract for City Project
PA75200674 - La Pradera Park Improvements (Ordinance S-51585) - District 5

Request to authorize the City Manager, or his designee, to enter into a Distribution
Design and Construction Contract with Salt River Project (SRP) for design and
construction services for improvements to park facilities for City Project PA75200674,
La Pradera Park Improvements. Further request to grant an exception pursuant to
Phoenix City Code 42-20 to authorize inclusion in the documents pertaining to this
transaction of indemnification and assumption of liability provisions that otherwise
should be prohibited by Phoenix City Code 42-18. Additionally request to authorize the
City Controller to disburse all funds related to this item in an amount not to exceed
$51,771.14.

Summary
The City is constructing park improvements, including electrical upgrades, at La
Pradera Park at 6830 N. 39th Avenue. This construction contract represents the cost
for SRP’s power design and construction services.

Contract Term
The term of the contract will begin on or about January 15, 2025, and will expire when
the project is completed and accepted.

Financial Impact
Funding in the amount of $51,771.14 is available in the Parks and Recreation
Department's Capital Improvement Program budget.

Location
6830 N. 39th Avenue
Council District: 5

Responsible Department
This item is submitted by Deputy City Managers John Chan and Inger Erickson, the
Parks and Recreation and Street Transportation departments, and the City Engineer.







Report

Request to Apply for and Accept Federal Fiscal Year 2024 Assistance to
Firefighters Grant Program Funds (Ordinance S-51592) - Citywide

Request to authorize the City Manager, or his designee, to retroactively apply for, and
accept, if awarded, up to $90,903 from Federal Fiscal Year (FFY) 2024 Assistance to
Firefighters Grant (AFG) Program to fund wearable biometric devices and Peer Fitness
Trainer Certifications. 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 turned down.

Summary
The AFG Program, administered through the Federal Emergency Management Agency
(FEMA), is intended to help the nation's fire service by providing vital funds to local fire
departments across the country. The primary goal of the program is to meet the
firefighting and emergency response needs of fire departments, nonaffiliated
emergency medical service organizations, and State Fire Training Academies. Since
2001, AFG has helped firefighters and other first responders obtain critically needed
equipment, protective gear, emergency vehicles, training, and other resources
necessary to protect the public and emergency personnel from fire and related
hazards.

Wearable Biometric Device Project
This Project will implement a program that would provide biometric technology for
firefighters who face high-risk, physically intensive tasks in extremely hot conditions.
The devices are designed to offer feedback on key health indicators directly related to
heat stress, including pulse rate, core body temperature, and levels of physical
exertion. Immediate access to critical health data will enable more effective monitoring
and management of the risks associated with heat-related illnesses and injuries
among firefighters. The total investment for this initiative is estimated at $75,903.

Peer Fitness Trainer (PFT) Program Certification
The PFT Certification Training Project will train and certify Fire Department members
as Peer Fitness Trainers. The goal of this Project will be to certify PFTs who can then
deliver health and wellness training within the Department. The funds will be utilized to
train and certify 10 members as PFTs through the International Association of Fire



Fighters F2T 101 course and 10 PFTs as Certified Nutrition Specialists. The total cost
for this project is $15,000.

Since 2008, the Fire Department has received more than $7 million in AFG funding.
These grants were used to purchase portable radios, thermal imaging cameras,
Incident Safety Officer System Training, Automatic Chest Compression Devices, Peer
Support Team Training and Physical Therapy Equipment Upgrades, Peer Fitness
Instructor Training, and Fire Ground Survival Training and Equipment.

Contract Term
The Grant's Period of Performance is for two years and projected to begin on or
around September 1, 2025.

Financial Impact
The Grant is anticipated to have a 15 percent required cost match of approximately
$11,856.91. Funds are available in the Fire Department's operating budget.

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








Report

ARFF Fleet Inspection Services - IFB 22-010 - Amendment (Ordinance S-51566) -
Citywide

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 155466 with Southern California Fleet Services, Inc. DBA Fleet Line Truck &
Equipment Repair for an assignment to SVT Fleet, LLC dba SVT Fleet Solutions.
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-48037.

Summary
The Phoenix Fire Department’s Aviation District requires Aircraft Rescue and Fire
Fighting (ARFF) fleet inspection by a third-party to assist with maintaining their Airport
Operating certification under Title 14 of the Code of Federal Regulation (CFR) Part 139
through the Federal Aviation Administration (FAA). The maintenance and operations of
the ARFF fleet are critical to the successful operations of the Phoenix Fire Department
Aviation District. The FAA’s annual inspection of certificated airports includes the
maintenance records and verification of vehicle operations in accordance with Title 14
of the CFR Part 139.

The ARFF fleet of six vehicles is unique, costly, and very specialized. An independent
third-party inspection performed by a contractor specializing in ARFF apparatus
ensures that it meets the standards set by the FAA and the Phoenix Fire Department
Aviation District and that the ARFF fleet is adequately maintained.

Contract Term
The contract term remains unchanged, ending on November 2, 2026.

Financial Impact
The aggregate value of the contract will not exceed $108,000 and no additional funds
are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· ARFF Fleet Inspection Services-Contract 155466 (Ordinance S-48037) on October
27, 2021.



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








Report

Helicopter Pilot Training and Certification - RFP 22-016 - Amendment (Ordinance
S-51580) - Citywide

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 155642 with Delta Leasing, Inc. dba Quantum Helicopters for an assignment
from Delta Leasing, Inc. dba Quantum Helicopters to Jets to Helis LLC dba Quantum
Helicopters. 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-48141.

Summary
The Phoenix Police Department uses this contract for helicopter pilot training at a
facility certified by the Federal Aviation Administration. This contract ensures that
personnel receive adequate training to operate and maintain the fleet of helicopters,
which will allow patrol support and airborne surveillance for the Department's bureaus
and precincts. An amendment is needed to maintain continuous access to training and
certificates.

Contract Term
The contract term remains unchanged, ending on December 31, 2026.

Financial Impact
The aggregate value of the contract will not exceed $800,000 and no additional funds
are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Helicopter Pilot Training and Certification Contract 155642 (Ordinance S-48141) on
December 1, 2021.

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








Report

Ammunition Products - State of Arizona Cooperative Contract - COOP 24-0470 -
Request for Award (Ordinance S-51571) - Citywide

Request to authorize the City Manager, or his designee, to enter into cooperative
agreements with Diamondback Police Supply Co, Inc.; FX Tactical LLC; and Miwall
Corporation to provide ammunition products for the Police Department. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the agreements will not exceed $2,387,500.

Summary
These agreements will provide ammunition products for use by the Phoenix Police
Department Firearms Training Detail for training and duty ammunition products. The
Department utilizes a wide variety of ammunitions product for varying types of firearms
and training scenarios. Training at the Phoenix Regional Police Academy includes
scenario-based training that requires training ammunition that mimics the accuracy
and reliable functionality of duty ammunition.

The State of Arizona currently holds contracts CTR071169, CTR071171, and
CTR071172 to provide ammunition products for their law enforcement units. The City
of Phoenix Police Department will utilize these agreements for the purchase of training
and duty ammunition.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances - Alternative Competition. The State of Arizona Statewide
Ammunition contracts were awarded using a competitive process consistent with the
City's procurement processes set forth in the Phoenix City Code, Chapter 43. These
cooperative agreements are a procurement solution that offers competitive pricing by
utilizing a percentage off of the manufacturer's retail price list across multiple
manufacturers.

Contract Term
The agreements will begin on or about February 1, 2025, and continue through April
13, 2029, with one additional option year.




Financial Impact
The aggregate value of the agreements will not exceed $2,387,500, with the
breakdown per fiscal year (FY) as follows:
· FY 2024-2025 $477,500
· FY 2025-2026 $477,500
· FY 2026-2027 $477,500
· FY 2027-2028 $477,500
· FY 2028-2029 $477,500

Funding is available in the Police Department's budget.

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








Report

Ammunition Products - State of Arizona Cooperative Contract CTR071170 -
COOP 24-0470 - Request for Award (Ordinance S-51575) - Citywide

Request to authorize the City Manager, or his designee, to enter into a cooperative
agreement with Dooley Enterprises, Inc. to provide ammunition products for the Police
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The total value of the agreement will not exceed $8,750,000.

Summary
This agreement will provide ammunition products for use by the Phoenix Police
Department Firearms Training Detail for training and duty ammunition products. The
Department utilizes a wide variety of ammunition products for varying types of firearms
and training scenarios. Training at the Phoenix Regional Police Academy includes
scenario-based training that requires training ammunition that mimics the accuracy
and reliable functionality of duty ammunition.

The State of Arizona currently holds contract CTR071170 to provide ammunition
products for its law enforcement units. The City of Phoenix Police Department will
utilize this agreement for the purchase of training and duty ammunition.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances - Alternative Competition. The State of Arizona Statewide
Ammunition Contract was awarded using a competitive process consistent with the
City's procurement processes set forth in the Phoenix City Code, Chapter 43. This
cooperative agreement is a procurement solution that offers competitive pricing by
utilizing a percentage off of the manufacturer's retail price list.

Contract Term
The agreement will begin on or about February 1, 2025 and will continue through April
13, 2025, with four one-year options to extend.

Financial Impact
The aggregate agreement value will not exceed $8,750,000, with the breakdown per



fiscal year (FY) as follows:
· FY 2024-2025 $1,750,000
· FY 2025-2026 $1,750,000
· FY 2026-2027 $1,750,000
· FY 2027-2028 $1,750,000
· FY 2028-2029 $1,750,000

Funding is available in the Police Department's budget.

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








Report

Donation from Phoenix Police Foundation for Patrol Division Equipment
(Ordinance S-51593) - Citywide

Request to authorize the City Manager, or his designee, to accept a donation from the
Phoenix Police Foundation of up to $699,255 to purchase tools and equipment for the
Phoenix Police Department (PPD) Patrol Divison. 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 PPD Patrol Division was provided with a unique opportunity to purchase items that
are intended to benefit the division on a daily basis, as well as protect the safety of
community members. The Phoenix Police Foundation was approached by another
foundation, which wanted to make a donation specifically to patrol after the line of duty
death of Officer Zane Coolidge. PPD selected the following items as they would have
the most impact on operations, as well as provide additional safety to officers and
community members.

Protective Ballistic Shields
Patrol-ready ballistic shields to protect officers from handgun and rifle fire while
carrying out their daily duties. These shields also create a protective barrier for
extracting victims, protecting innocent people, and allowing officers to enter a space
that has the propensity for violence.

Key Management System
A 192-capacity key management system will be purchased for the Cactus Park
Precinct. This system allows officers to check out keys for patrol vehicles and return
them at the end of their shift. This will significantly reduce the number of lost keys and
replacement costs, as well as extend the life of the fleet by distributing older and newer
cars respectively. This system also allows vehicles to be available before the start of
patrol shift, allowing for officers to quickly load up and be available for service without
waiting at the precinct for the previous shift to return a patrol car. Putting this
administrative system in the busiest police precinct will allow PPD to reap the benefits
of the program and work on adding more key organizational systems to the rest of the
Police Department, as funds become available.




Breaching Tools
A breaching tool allows patrol officers to make critical crisis entries to extricate victims,
access incapacitated citizens, and/or subdue a subject engaging in active violence to
prevent serious physical injury or death.

Mobile Fingerprint Scanners
Mobile fingerprint scanners will allow officers to accurately identify suspects in the field
rather than transporting them to a precinct for identification purposes. This technology
is also very effective in identifying remains of deceased persons, making notifications
to next of kin possible, as well as increasing the effectiveness of a streamlined death
investigation.

Telescoping Ladders
Telescoping portable ladders allow a vantage point to elevate an officer above a crime
scene to help mitigate any potential threats to civilians and officers alike. These
lightweight ladders are easily transported in patrol vehicles and can be quickly
extended to reach elevated positions. These items can assist officers in accessing
rooftops or reaching innocent citizens from areas that pose an inherent risk of injury or
death.

Break and Rakes
Break and rake tools enable patrol officers to break through windows and safely clear
glass during crisis entry situations. The podcut's durable design provides a versatile
tool for rapid access in situations requiring both force and precision.

Item Breakdown
The donation will be broken down to purchase the following items, showing the
quantities and total purchase prices.
· Protective Ballistic Shields (60): $560,601
· Key Management System (1): $35,376
· Entry Rams (100): $35,000
· Mobile Fingerprint Scanners (10): $30,408
· Telescoping Ladders (70): $20,283
· Break and Rakes (41): $17,587

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




Financial Impact
The total amount to be donated for the purchase of the equipment and tools is
$699,255.

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








Report

***REQUEST TO WITHDRAW (SEE ATTACHED MEMO)*** (CONTINUED FROM
DECEMBER 18, 2024) - Security Guard Services Contract - PTD24-007 - Request
for Award (Ordinance S-51538) - Citywide

Request to authorize the City Manager, or his designee, to enter into a contract with
American Guard Services, Inc., to provide security guard services for the Public Transit
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 $20,000,000 over
five years.

Summary
American Guard Services, Inc., will be responsible for providing trained and licensed
security guards at the Public Transit Department's locations, which currently include
eight park-and-rides, four transit centers, three operating facilities, and the Public
Transit downtown offices. Security guard services include dedicated staff and related
equipment to perform regular site surveillance and monitoring, support City and transit
personnel during emergency situations, identify and report safety and security
incidents, and notify law enforcement of any observed illegal or unauthorized activities.

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

Eight vendors submitted proposals deemed responsive and responsible. An evaluation
committee of qualified City staff evaluated those offers based on the following criteria,
with a maximum possible point total of 1,000 points:

Method of Approach (300 points)
Qualifications and Experience (250 points)
Recruitment, Training, Retention (250 points)
Price Proposal (200 points)

After reaching consensus, the evaluation committee recommends award to the
following vendor: American Guard Services, Inc.




Contract Term
The contract will begin on or about January 1, 2025, for a five-year term.

Financial Impact
The contract value will not exceed $20,000,000. Funding is available in the Public
Transit Department's Operating budget.

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





To: Mario Paniagua Date: January 8, 2025
Deputy City Manager

From: Jesus Sapien
Public Transit Director

Subject: REQUEST TO WITHDRAW ITEM NO. 53, SECURITY GUARD SERVICES
CONTRACT – PTD24-007 – REQUEST FOR AWARD, FROM THE JAN. 15,
2025 FORMAL COUNCIL AGENDA

This memo requests to withdraw Item 53, Security Guard Services Contract Request
for Award, from the January 15, 2025 Formal Council agenda.




_____________________________ 1/8/25_
Mario Paniagua Date
Deputy City Manager







Report

***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** (CONTINUED FROM
DECEMBER 18, 2024) - Ordinance to Establish the Network Infrastructure
Services License by Creating New Chapter 5D of the Phoenix City Code and to
Establish an Effective Date (Ordinance G-7343) - Citywide

Request City Council approval to adopt an ordinance to establish the Network
Infrastructure Services License by creating a new Chapter 5D of the Phoenix City
Code to allow for companies that desire to provide fiber-to-the-home services for high-
speed internet access.

Summary
This proposed City Code amendment will provide the framework for the City to enter
into licenses with companies that desire to sell fiber-to-the-home (FTTH) services for
high-speed broadband internet access (500 Megabits to 1 Gigabit per second) to end-
user customers. The target customers are mostly residential and some small
businesses.

City Code currently does not have a specific chapter to allow network infrastructure
services to be installed and operated in the right-of-way, and the creation of this code
will enable the City to enter into Network Infrastructure Service Licenses with
interested providers who desire to install fiber-optic cabling in the City’s rights-of-way
(ROW) and sell high-speed internet access to residential customers through a FTTH
services network.

The new code section (Attachment A) will establish the framework for the license, the
basis for the long-term agreement with these companies, and will outline the financial
terms and payments that companies will remit to reimburse the City for services
provided in the installation and operation of their networks, and a fee for the use of the
ROW. The license will also outline the requirements for all work that is performed
within the ROW and requires inspection and conformance with adopted City codes and
requirements.

In 2022, the City of Mesa approved licenses for five companies to provide FTTH
services for high-speed internet services. In 2023, the cities of Chandler and Gilbert
approved similar licenses for the same purpose. During this time frame,



representatives from AT&T, Google, BAM Broadband/Desert iNet and Zoom Tech
Arizona approached City staff to outline their interest and present proposals to build a
FTTH network in Phoenix. In 2024, Flying Bull Internet, LLC dba Novos Fiber also
expressed an interest in providing network infrastructure services.

On July 1, 2024, the City Council approved Temporary Network Services Construction
Licenses for BAM Broadband and Zoom Tech Arizona that allows the companies to
begin the permit submittal process and to commence construction until Chapter 5D is
adopted and full-term licenses can be issued in early 2025.

Concurrence/Previous Council Action
· On June 21, 2023, this matter was presented to the Transportation, Infrastructure
and Planning (TIP) Subcommittee for information and discussion.
· On June 20, 2024, this matter was presented to the TIP Subcommittee for
information and discussion.
· On November 20, 2024, the TIP Subcommittee unanimously approved this item.

Public Outreach
The Street Transportation Department met with various industry stakeholders between
May 2022 through October 2024, with representatives of the network infrastructure
service industry to discuss the new Code Chapter, applicable fees, and the City's
proposed license requirements. Additionally, staff discussed the need to meet current
City requirements that do not allow micro-trenching in the ROW and also the pavement
restoration requirements for surface treatment. These requirements help mitigate
negative driver/user experience while utilizing the ROW and ensure longevity of the
asphalt. These are critical because the City has performed $200 million in pavement
maintenance at the direction of the Mayor and City Council based upon resident
concerns about the conditions of the City maintained streets over the last five years.
Based on the feedback from these meetings and the June 21, 2023, TIP
Subcommittee, the City adjusted the annual fees for use of the City’s right-of-way.

Google Fiber and Gigapower still have concerns about the three percent, six percent,
and Annual Minimum Fee (AMF). However, their most significant concerns are that the
City does not allow for micro-trenching and the requirement to comply with pavement
restoration requirements. The City is working with Google Fiber to install a micro-
trench pilot area to evaluate the impacts to the ROW. The City has offered Gigapower
the opportunity to do a pilot installation that utilizes ground penetrating radar instead of
traditional boring methods to locate existing utilities.

The Communication Workers of America (CWA) union provided an email with



concerns about the quality of work performed by FTTH contractors in Minnesota and
Texas. The CWA provided a list of work quality and labor standards that included ROW
Contractor Transparency, ROW Contractor Training and Certifications, as well as
Monitoring and Penalties. The City verifies that contractors provide proof of insurance
and worker's compensation coverage and also verifies that the contractor is licensed
with the Arizona Registrar of Contractors. The City inspects contractor work to ensure
compliance with all City requirements and has the ability to limit or to stop work by a
contractor that is not performing work safely or following City approved construction
requirements.

Financial Impact
The new code section proposes a license fee based on a percentage of gross
revenues from FTTH customers and an AMF based on the number of residential units
passed for use of the City's ROW. In addition, the companies will reimburse the City
for plan review and permits, inspections, ROW Management, and other fees for staff
time that are directly related to the construction, operation, and repair of the facilities
required for the FTTH networks. Staff lowered the upfront AMF from the initial $12 per
home, down to $9 and now $6 for each residential unit passed before the three
percent or six percent cost structure would become active. This was done because of
industry concerns about the upfront installation costs due to not allowing micro-
trenching and the pavement restoration requirements. This lower upfront AMF helps
reduce upfront installation costs, and the City created a category for FTTH installation
concurrent with new subdivision developments that does not require payment until at
least 50 percent of the homes in a subdivision are sold.

On October 18, 2024, in accordance with A.R.S. 9-499.15 and City of Phoenix
Administrative Regulations 1.98, the City posted on its website and social media page
that the new fees in Chapter 5D will be on a City Council agenda on December 18,
2024, or later.

Responsible Department
This item is submitted by Deputy City Managers Alan Stephenson and Inger Erickson,
the Street Transportation Department and the Office of the City Engineer.





ATTACHMENT A
October 18, 2024 Version



ORDINANCE G-

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
AMEND THE PHOENIX CITY CODE BY ADDING A NEW
CHAPTER 5D TITLED NETWORK INFRASTRUCTURE
SERVICES.

__________

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX AS

FOLLOWS:




AF
SECTION 1. ARTICLE I. PURPOSE, FINDINGS AND DEFINITIONS

SEC. 5D-1. PURPOSE AND FINDINGS.

A. THE PURPOSE OF THIS CHAPTER IS TO ESTABLISH A POLICY
GOVERNING THE MANAGEMENT OF PUBLIC HIGHWAYS FOR THE




T
PROVISION OF NETWORK INFRASTRUCTURE SERVICES AND OPEN
ACCESS WHOLESALE SERVICES. THE POLICY ENABLES THE CITY TO:

1. ISSUE LICENSES TO NETWORK INFRASTRUCTURE SERVICE
PROVIDERS AND OPEN ACCESS WHOLESALE SERVICE
PROVIDERS WHO USE THE PUBLIC HIGHWAYS TO PROVIDE
SERVICES ON A COMPETITIVELY NEUTRAL AND
NONDISCRIMINATORY BASIS, EXCEPT IN CASES WHERE STATE



R LAW FORBIDS ESTABLISHMENT OF A LICENSE REQUIREMENT;

2. MANAGE THE PUBLIC HIGHWAYS IN ORDER TO MINIMIZE THE
IMPACT AND COST TO PHOENIX CITIZENS FOR THE PLACEMENT OF
FACILITIES WITHIN PUBLIC HIGHWAYS;




D 3. MANAGE THE HIGHWAYS TO MAXIMIZE THEIR EFFICIENT USE,
THEREBY MINIMIZING THE FORECLOSURE OF FUTURE ADDITIONAL
USES OF SUCH RIGHTS-OF-WAY; AND

4. PROVIDE FOR THE COMPENSATION FOR THE COMMERCIAL USE
OF PUBLIC HIGHWAYS TO PROVIDE SERVICES.

B. THE PHOENIX CITY COUNCIL FINDS THAT THE PUBLIC HIGHWAYS
CONSTITUTE A VALUABLE PUBLIC ASSET:

1. HAVING BEEN ACQUIRED AND MAINTAINED BY THE CITY OVER
MANY YEARS AT GREAT TAXPAYER EXPENSE;


October 18, 2024 Version



2. PROVIDING UNIQUELY VALUABLE PROPERTY THAT NETWORK
INFRASTRUCTURE SERVICE AND OPEN ACCESS WHOLESALE
SERVICE LICENSEES MAY WISH TO USE FOR PROFIT-MAKING
PURPOSES THAT MAY NOT NECESSARILY BENEFIT ALL THE
RESIDENTS OF THE CITY; AND

3. REPRESENTING PUBLIC INVESTMENTS FOR WHICH THE
TAXPAYERS ARE ENTITLED TO A FAIR MONETARY RETURN ON THE
CITY’S PAST AND FUTURE INVESTMENT IN THE CITY’S
INFRASTRUCTURE.

C. THEREFORE, IN THIS ARTICLE THE PHOENIX CITY COUNCIL INTENDS:




AF
1. TO CONSERVE THE LIMITED PHYSICAL CAPACITY OF THE
PUBLIC HIGHWAYS HELD IN PUBLIC TRUST BY THE CITY; AND

2. TO ENSURE THAT THE CITY’S CURRENT AND ONGOING COSTS
OF GRANTING AND REGULATING PRIVATE ACCESS TO AND USE OF
THE PUBLIC HIGHWAYS ARE FULLY PAID BY THE PERSONS




T
SEEKING SUCH ACCESS AND CAUSING SUCH COSTS.

SEC. 5D-2. DEFINITIONS.

FOR THE PURPOSE OF THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE
REQUIRES, THE FOLLOWING TERMS, PHRASES, WORDS, AND THEIR
DERIVATIVES SHALL HAVE THE MEANINGS GIVEN HEREIN.




R
ANNUAL MINIMUM FEE (AMF) MEANS THE ANNUAL FEE THAT IS REQUIRED FOR
USE OF THE PUBLIC HIGHWAYS FOR THE INSTALLATION AND OPERATION OF
THE NETWORK FACILITIES TO PROVIDE FIBER-OPTIC SERVICES.

CITY MEANS THE CITY OF PHOENIX, A MUNICIPAL CORPORATION OF THE
STATE OF ARIZONA, AND ALL OF THE TERRITORY WITHIN ITS PRESENT AND



D
FUTURE CORPORATE BOUNDARIES.

CITY CODE OR CODE MEANS PHOENIX CITY CODE.

COLLECTOR STREET MEANS ALL STREETS THAT PROVIDE DIRECT ACCESS TO
RESIDENTIAL, COMMERCIAL, INDUSTRIAL, OR OTHER ABUTTING LAND, AND
FOR TRAFFIC MOVEMENTS THAT CONNECT TO LOCAL OR ARTERIAL STREETS
OR BOTH.

END-USER CUSTOMER MEANS A PERSON OR BUSINESS THAT IS A FEE-PAYING
CUSTOMER OF THE NETWORK INFRASTRUCTURE SERVICE LICENSEE OR, IF




October 18, 2024 Version


THE CUSTOMER’S INTERNET ACCESS IS PROVIDED THROUGH AN OPEN
ACCESS WHOLESALE SERVICE, THE FEE-PAYING CUSTOMER OF THE
INTERNET SERVICE PROVIDER.

FACILITIES MEANS THE PLANT, EQUIPMENT, AND PROPERTY USED IN THE
PROVISION OF NETWORK INFRASTRUCTURE SERVICES AND OPEN ACCESS
WHOLESALE SERVICES THAT ARE NOT OWNED BY THE CITY, INCLUDING BUT
NOT LIMITED TO WIRES, PIPES, CONDUITS, PEDESTALS, AND OTHER
APPURTENANCES PLACED IN, ON, ABOVE, OR UNDER PUBLIC HIGHWAYS.

GROSS REVENUES INCLUDES ALL REVENUES COLLECTED BY THE LICENSEE
IN THE DELIVERY OF INTERNET ACCESS TO END-USER CUSTOMERS OR
REVENUES COLLECTED IN THE FORM OF RENT OR LEASE PAYMENTS,
INCLUDING THE FEE FOR SERVICE INSTALLATION AND ACTIVATION, MONTHLY




AF
FEE FOR INTERNET ACCESS, THE RENT OR LEASE PAYMENTS FROM THIRD-
PARTY USE OF LICENSEE’S FIBER-OPTIC CIRCUITS, THE RENT OR LEASE
PAYMENTS FOR CUSTOMER-PREMISE EQUIPMENT, AND ANY PROPERTY OR IN-
KIND CONTRIBUTIONS (SERVICES OR GOODS) RECEIVED BY LICENSEE FROM
ITS CUSTOMERS WITHIN THE CITY. GROSS REVENUES DOES NOT INCLUDE
LICENSE FEES COLLECTED FROM CUSTOMERS PURSUANT TO SECTION
5D-5(A)(6).




T
LICENSE MEANS THE NON-EXCLUSIVE AUTHORIZATION GRANTED BY THE CITY
TO CONSTRUCT, OPERATE, AND MAINTAIN FACILITIES WITHIN ALL OR PART OF
THE CITY AND TO OCCUPY OR USE THE PUBLIC HIGHWAYS WITHIN THE CITY.
THE LICENSE SHALL BE EVIDENCED BY A SEPARATE GRANTING ORDINANCE
AND LICENSE DOCUMENT THAT ARE SUBJECT TO THE TERMS OF THIS
CHAPTER.



R
LICENSEE MEANS THE PERSON OR ENTITY TO WHICH LICENSE IS GRANTED
FOR THE CONSTRUCTION, OPERATION, MAINTENANCE, AND
RECONSTRUCTION OF FACILITIES TO PROVIDE SERVICES TO END-USER
CUSTOMERS.




D
LICENSE FEE MEANS EITHER THREE PERCENT (3%) OF GROSS REVENUES OR
THE AMF, WHICHEVER IS HIGHER. THE LICENSE FEE FOR OPEN ACCESS
WHOLESALE SERVICE MEANS (6%) OF GROSS REVENUES, OR THE AMF,
WHICHEVER IS HIGHER.

LOCAL STREET MEANS ALL STREETS THAT PROVIDE DIRECT ACCESS TO
RESIDENTIAL, COMMERCIAL, INDUSTRIAL, OR OTHER ABUTTING LAND AND
FOR LOCAL TRAFFIC MOVEMENTS, AND THAT CONNECT TO COLLECTOR OR
ARTERIAL STREETS OR BOTH.





October 18, 2024 Version


NETWORK INFRASTRUCTURE SERVICE MEANS WIRED TRANSMISSION
TECHNOLOGY THAT PROVIDES AN END-USER CUSTOMER CONNECTIVITY TO
THE INTERNET FOR A FEE. THE SERVICES SHALL NOT INCLUDE CABLE
SERVICES (AS DEFINED BY A.R.S. §9-505), VIDEO SERVICES (AS DEFINED BY
A.R.S. §9-1401), COMMERCIAL MOBILE RADIO SERVICE (AS DEFINED IN A.R.S.
§9-581), OR TELECOMMUNICATIONS SERVICES (AS DEFINED IN A.R.S. §9-581).

NETWORK INFRASTRUCTURE SERVICE PROVIDER MEANS THE PERSON OR
COMPANY OFFERING NETWORK INFRASTRUCTURE SERVICES.

OPEN ACCESS WHOLESALE SERVICE MEANS A TYPE OF NETWORK
INFRASTRUCTURE SERVICE WHERE THE FIBER-OPTIC CONNECTION TO THE
END-USER CUSTOMER IS LEASED, RENTED, OR MADE AVAILABLE TO AN
INTERNET SERVICE PROVIDER THAT OFFERS INTERNET ACCESS SERVICES




AF
DIRECTLY TO THE END-USER CUSTOMER.

OPEN ACCESS WHOLESALE SERVICE PROVIDER MEANS THE PERSON OR
COMPANY THAT HAS A LICENSE TO OFFER NETWORK INFRASTRUCTURE
SERVICES WITHIN THE CITY LIMITS WITH THE PRIMARY PURPOSE OF




T
OFFERING WHOLESALE SERVICES.

PUBLIC HIGHWAY OR HIGHWAY MEANS ALL ROADS, STREETS AND ALLEYS AND
ALL OTHER DEDICATED PUBLIC RIGHTS-OF-WAY AND PUBLIC UTILITY
EASEMENTS OF THE CITY. A BRIDGE OWNED BY THE CITY OR OTHER PARTIES
IS NOT A PUBLIC HIGHWAY OR A HIGHWAY; USE OF A CITY BRIDGE MAY
REQUIRE A BRIDGE MASTER LICENSE AGREEMENT OR A REVOCABLE PERMIT.

RESIDENTIAL UNIT AS USED TO CALCULATE THE AMF MEANS ANY PROPERTY



R
USED AS A RESIDENCE, REGARDLESS OF ZONING CLASSIFICATION. IF
LICENSEE HAS A CONTRACT TO PROVIDE FIBER-OPTIC SERVICES TO A
MULTIPLE DWELLING UNIT COMPLEX, INCLUDING CONDOMINIUMS OR
APARTMENTS, LICENSEE SHALL INCLUDE THE TOTAL NUMBER OF
RESIDENTIAL UNITS AVAILABLE WITHIN THE PROPERTY FOR CALCULATION OF
THE AMF.



D
RIGHTS-OF-WAY OR ROW SHALL HAVE THE SAME MEANING AS PUBLIC
HIGHWAY OR HIGHWAY.

TELECOMMUNICATIONS CORPORATION MEANS A CORPORATION WITH A VALID
CITY TELECOMMUNICATIONS LICENSE TO OFFER TELECOMMUNICATIONS
SERVICES THAT MAY PROVIDE END-USER CUSTOMERS CONNECTIVITY TO THE
INTERNET FOR A FEE UNDER THE TERMS OF ITS TELECOMMUNICATIONS
LICENSE.





October 18, 2024 Version


ARTICLE II. LICENSE TO OCCUPY RIGHTS-OF-WAY

SEC. 5D-3. LICENSE REQUIRED.

A NETWORK INFRASTRUCTURE SERVICE PROVIDER OR AN OPEN ACCESS
WHOLESALE SERVICE PROVIDER SHALL NOT INSTALL, MAINTAIN, CONSTRUCT,
REPAIR, OR OPERATE FACILITIES IN ANY PUBLIC HIGHWAY IN THE CITY, OR
PROVIDE SERVICES BY MEANS OF SUCH FACILITIES, UNLESS A LICENSE TO
USE THE HIGHWAYS TO PROVIDE SERVICES HAS FIRST BEEN GRANTED BY
THE PHOENIX CITY COUNCIL UNDER THIS CHAPTER.

SEC. 5D-4. LICENSE TERM.

LENGTH OF LICENSE. ANY LICENSE GRANTED BY THE CITY PURSUANT TO




AF
THIS CHAPTER SHALL COMMENCE UPON APPROVAL. THE LICENSE SHALL BE
EFFECTIVE FOR A PERIOD OF FIVE (5) YEARS, AND SUBJECT TO THE
CONDITIONS AND RESTRICTIONS PROVIDED IN THE LICENSE AND THIS
CHAPTER.

5D-5. COMPENSATION.




T
A. LICENSEE SHALL:

1. PAY ANY APPLICABLE TRANSACTION PRIVILEGE TAX OR
APPLICABLE USE TAX, AS MAY BE SPECIFIED FROM TIME TO
TIME IN CHAPTER 14 OF THE PHOENIX CITY CODE.

2. PAY ALL FEES RELATED TO THE PLAN REVIEW AND



R ISSUANCE OF CONSTRUCTION PERMITS, INSPECTIONS FEES,
RIGHT-OF-WAY AND TEMPORARY RESTRICTION AND CLOSURE
SYSTEM (TRACS) PERMITS, AND PRE-CONSTRUCTION MEETING
FEES. ALSO PAY ALL FEES RELATED TO PERMITS AND
INSPECTIONS THAT MAY BE REQUIRED BY THE PLANNING &
DEVELOPMENT DEPARTMENT.



D 3. REIMBURSE THE CITY FOR ITS ACTUAL AND DOCUMENTED
COSTS IF THE CITY REASONABLY REQUIRES RETAINING OUTSIDE
PERSONS TO REVIEW PLANS, OUTSIDE INSPECTORS TO MONITOR
THE INSTALLATION OF FACILITIES, AND ANY OTHER
CONSTRUCTION RELATED WORKERS TO MEET TIMEFRAMES
DESIRED BY THE LICENSEE.

4. PAY ALL REASONABLE COSTS ASSOCIATED WITH THE
CONSTRUCTION, MAINTENANCE, AND OPERATION OF ITS
FACILITIES IN THE PUBLIC HIGHWAYS USED TO PROVIDE




October 18, 2024 Version


SERVICES, INCLUDING REASONABLE COSTS ASSOCIATED WITH
DAMAGE CAUSED TO THE PUBLIC HIGHWAYS.

5. MAKE ALL PAYMENTS FOR PERMITS, INSPECTIONS, AND
RIGHT-OF-WAY MANAGEMENT (ROWM) FEES WITHIN THIRTY (30)
DAYS OF THE DATE ON THE INVOICE. ANY FEES NOT PAID ON A
TIMELY BASIS ARE SUBJECT TO COLLECTIONS ACTION AND FEES
AFTER 120 DAYS PAST DUE. THE COLLECTIONS FEE WILL BE
ADDED TO THE PAST DUE AMOUNT AND MUST BE PAID TO HAVE
THE ACCOUNT CURRENT. WHILE IN COLLECTIONS STATUS FOR
ANY PAYMENTS, THE LICENSEE WILL NOT BE ABLE TO SUBMIT
PERMITS, PERFORM CONSTRUCTION WORK IN THE ROW, OR
REQUEST TRACS PERMITS.




AF
6. ACKNOWLEDGE THAT THE CITY’S RIGHT-OF-WAY IS HELD IN
PUBLIC TRUST AND IS A VALUABLE ASSET THAT REQUIRES FAIR
AND REASONABLE COMPENSATION FOR ITS USE BY LICENSEE.

a. IF LICENSEE IS OFFERING INTERNET SERVICES DIRECTLY




T
TO THE END-USER CUSTOMER AND IS THE INTERNET
SERVICE PROVIDER (ISP), THE LICENSE FEE SHALL BE THE
GREATER OF THE TWO OPTIONS: EITHER THREE (3%)
PERCENT OF GROSS REVENUES, OR THE ANNUAL MINIMUM
FEE.

b. IF LICENSEE IS PROVIDING OPEN ACCESS WHOLESALE
SERVICE THAT LEASES, RENTS, OR OTHERWISE PROVIDES
ITS FACILTIES TO AN ISP TO OFFER INTERNET ACCESS TO



R END-USER CUSTOMERS, THE LICENSE FEE SHALL BE THE
GREATER OF THE TWO OPTIONS: EITHER SIX (6%) PERCENT
OF GROSS REVENUES DERIVED FROM THE LEASE, RENT, OR
AVAILABILITY OF ITS FACILITIES TO AN ISP, OR THE ANNUAL
MINIMUM FEE.




D c. ANNUAL MINIMUM FEE. AFTER 12-MONTHS FROM THE
DATE THAT THE LICENSE IS EXECUTED, AND ON EACH
SUCCESSIVE ANNIVERSARY OF THAT DATE, THE LICENSEE
SHALL CALCULATE THE ANNUAL MINIMUM FEE (AMF)
PAYABLE TO THE CITY.

i) THE AMF FOR JANUARY 1, 2025 THROUGH
DECEMBER 31, 2029 IS $6.00 (SIX DOLLARS) MULTIPLIED
BY THE NUMBER OF RESIDENTIAL UNITS THAT
LICENSEE HAS PASSED ON A LOCAL STREET AND A
COLLECTOR STREET WITH ITS FACILITIES. THE AMF
RATE FOR RESIDENTIAL UNITS PASSED SHALL


October 18, 2024 Version


INCREASE AT EACH FIVE-YEAR RENEWAL BASED ON
THE CUMULATIVE CONSUMER PRICES INDEX ALL URBAN
CONSUMERS (CPI-U) U.S. CITY AVERAGE FOR THE
MONTH OF JUNE DURING EACH YEAR OF THE LICENSE,
PROVIDED THAT THE ANNUAL FEE FOR EACH
RESIDENTIAL UNIT PASSED SHALL NOT BE LESS THAN
THE FEE FROM THE PREVIOUS FIVE-YEAR LICENSE
TERM.

d. IF LICENSEE IS PROVIDING INTERNET SERVICES DIRECTLY
TO THE END-USER CUSTOMER AND THE THREE PERCENT
(3%) OF GROSS REVENUES EXCEEDS THE AMF, THEN THE
LICENSEE SHALL ONLY REMIT THE 3% OF GROSS REVENUES
TO CITY.




AF i) IF 3% OF GROSS REVENUES DOES NOT EXCEED THE
AMF, THEN LICENSEE SHALL REMIT ONLY THE AMF TO
CITY.




T
e. IF LICENSEE IS PROVIDING ITS FACILITIES AS OPEN
ACCESS WHOLESALE SERVICES TO INTERNET SERVICE
PROVIDERS AND THE SIX PERCENT (6%) OF GROSS
REVENUES EXCEEDS THE AMF, THEN THE LICENSEE SHALL
ONLY REMIT THE 6% OF GROSS REVENUES TO CITY.

i) IF 6% OF GROSS REVENUES DOES NOT EXCEED THE
AMF, THEN LICENSEE SHALL REMIT ONLY THE AMF TO
CITY.



R
B. NEW RESIDENTIAL SUBDIVISIONS

1. LICENSEE MAY COORDINATE WITH THE DEVELOPER TO
INSTALL NETWORK INFRASTRUCTURE FACILTIES WITHIN
THE RIGHT-OF-WAY OF A RESIDENTIAL SUBDIVISION PRIOR



D TO COMPLETION OF THE STREET ASPHALT LAYER.

2. IF LICENSEE INSTALLS ITS FACILTIES IN THE RIGHT-OF-WAY
CONCURRENT WITH NEW STREET CONSTRUCTION THAT
DOES NOT DISTURB THE ASPHALT SURFACE, LICENSEE WILL
NOT BE SUBJECT TO THE STREET RESTORATION
REQUIREMENTS IN CITY CODE §31-49.1.

3. FACILITIES INSTALLED UNDER THIS SECTION WILL NOT BE
SUBJECT TO THE MONTHLY LICENSE FEE AND ANY
RESIDENTIAL UNITS PASSED WILL NOT BE INCLUDED IN THE
CALCULATION OF AMF UNTIL THE DEVELOPER HAS CLOSED


October 18, 2024 Version


ESCROW ON FIFTY-ONE PERCENT (51%) OF THE
RESIDENTIAL UNITS.

a. IF THE SUBDIVISION IS DEVELOPED IN PHASES, THEN
THE MONTHLY LICENSE FEE OR AMF SHALL BE
IMPLEMENTED WHEN THE DEVELOPER HAS CLOSED
ESCROW ON FIFTY-ONE PERCENT (51%) OF THE
RESIDENTIAL UNITS IN THAT PHASE OF THE
SUBDIVISION.

C. LICENSEE SHALL REMIT QUARTERLY LICENSE FEE PAYMENTS.

1. AT THE END OF EACH CALENDAR QUARTER, LICENSEE SHALL
CALCULATE AND REMIT TO CITY A LICENSE FEE PAYMENT.




AF
2. THE LICENSEE SHALL SEND THE QUARTERLY LICENSE FEE
PAYMENT SO THAT THE PAYMENT IS RECEIVED BY THE CITY ON OR
BEFORE:

a. 1Q (JANUARY 1 - MARCH 31) PAYMENT TO CITY BY MAY 31;




Tb. 2Q (APRIL 1 – JUNE 30) PAYMENT TO CITY BY AUGUST 31;

c. 3Q (JULY 1 – SEPTEMBER 30) PAYMENT TO CITY BY
NOVEMBER 30;

d. 4Q (OCTOBER 1 – DECEMBER 31) PAYMENT TO CITY BY
FEBRUARY 28.



R 3. THE FIRST QUARTERLY FEE PAYMENT SHALL BE MADE AFTER
CLOSE OF THE QUARTER DURING WHICH THE LICENSEE BEGINS
PROVIDING SERVICE TO ANY END-USER CUSTOMERS.

4. THE LICENSEE MAY IDENTIFY AND COLLECT, AS A SEPARATE



D ITEM ON THE REGULAR BILL OF ANY END-USER CUSTOMER, THE
AMOUNT OF THE LICENSE FEE ON GROSS REVENUES.

5. THE LICENSE FEE WILL NOT BE AN OFFSET TO THE
TRANSACTION PRIVILEGE TAX OR ANY OTHER FEDERAL, STATE OR
LOCAL TAX THAT MAY BE ASSESSED. LICENSEE ACKNOWLEDGES
THAT CITY WILL PASS ON ITS TRANSACTION PRIVILEGE TAX
LIABILITY AS A LICENSOR OF REAL PROPERTY TO LICENSEE AND
LICENSEE SHALL PAY SUCH AMOUNT. LICENSEE MAY IDENTIFY
AND COLLECT, AS A SEPARATE ITEM ON THE REGULAR BILL OF
ANY END-USER CUSTOMER, THE AMOUNT SO PASSED ON.




October 18, 2024 Version


6. LATE PAYMENT PENALTY FOR ALL FEES. ANY FEE PAYMENT
DUE TO THE CITY THAT IS NOT RECEIVED BY THE DATE SPECIFIED
IN SECTION 5D-5(C)(2) SHALL BE SUBJECT TO A LATE PAYMENT FEE
OF ONE PERCENT (1%) PER MONTH.

SEC. 5D-6. CITY POLICE POWER; CONTINUING JURISDICTION.

A. THE LICENSEE SHALL AT ALL TIMES BE SUBJECT TO ALL LAWFUL
EXERCISE OF THE POLICE POWER BY THE CITY, INCLUDING ANY AND
ALL CHAPTERS, RULES, OR REGULATIONS WHICH THE CITY HAS
ADOPTED OR MAY ADOPT, AND ALL LAWS, RULES, REGULATIONS,
ORDERS, AND POLICIES OF THE STATE AND THE UNITED STATES
GOVERNMENT. IN THE EVENT OF A CONFLICT BETWEEN THIS
CHAPTER AND OTHER PROVISIONS OF THE CITY CODE, THE




AF
STRICTER REQUIREMENT SHALL APPLY.

B. THE CITY SHALL HAVE CONTINUING JURISDICTION AND SUPERVISION
OVER ANY FACILITIES LOCATED WITHIN OR ON RIGHTS-OF-WAY. IT IS
RECOGNIZED THAT THE DAILY ADMINISTRATIVE, SUPERVISORY, AND
ENFORCEMENT RESPONSIBILITIES OF THE PROVISIONS OF THIS




T
CHAPTER SHALL BE DELEGATED AND ENTRUSTED TO THE CITY
MANAGER OR DESIGNEE TO INTERPRET, ADMINISTER, AND ENFORCE
THE PROVISIONS OF THIS CHAPTER, AND TO PROMULGATE STANDARDS
REGARDING THE CONSTRUCTION, RECONSTRUCTION, RELOCATION,
MAINTENANCE, REPAIR, DISMANTLING, ABANDONMENT, OR USE OF THE
FACILITIES WITHIN THE RIGHTS-OF-WAY.




R # # #




D

OFFICE OF THE CITY ENGINEER



To: Mayor and City Council Date: December 12, 2024


From: Eric Froberg�
City Engineer

Subject: CONTINUANCE OF ITEM 89 ON THE DECEMBER 18, 2024, FORMAL
AGENDA- ORDINANCE TO ESTABLISH THE NETWORK INFRASTRUCTURE
SERVICES LICENSE BY CREATING NEW CHAPTER 50 OF THE PHOENIX
CITY CODE AND TO ESTABLISH AN EFFECTIVE DATE (ORDINANCE G-
7343)

Item 89, Ordinance to Establish the Network Infrastructure Services License by Creating
New Chapter 50 of the Phoenix City Code and to Establish an Effective Date (ordinance
G-7343), is a request to continue item from the December 18 th meeting agenda to the
January 15, 2024 agenda. The reason for this request is to allow staff to continue work
with stakeholders on some outstanding items.


Staff concurs with this request for continuance.




Approved:

Deputy City Manager







Report

Phoenix Sky Harbor International Airport Terminal 3 Recirculation Roadway
Improvements - Design-Bid-Build Services - AV14000029 FAA (Ordinance S-
51583) - District 8

Request to authorize the City Manager, or his designee, to accept Lincoln Constructors
Inc. as the lowest-priced, responsive, and responsible bidder and to enter into an
agreement with Lincoln Constructors Inc. for Design-Bid-Build Services for the Phoenix
Sky Harbor International Airport Terminal 3 Recirculation Roadway Improvements
Project. Further request to authorize the City Controller to disburse all funds related to
this item. The fee for services will not exceed $1,078,663.

Summary
The purpose of this project is to alleviate recurring traffic congestion issues near the
western end of Terminal 3 roadways.

Lincoln Constructors Inc.'s services include: civil, traffic, and electrical improvements,
such as removing the stop condition from the inner westbound curb lanes at the west
end of Terminal 3 on the south side; allowing for a merge condition from two inner curb
lanes to one lane and then subsequently merge this one inner lane with two outer curb
lanes; modifying striping on the north side of Terminal 3 at the west end to allow for
two inner curb lanes entering from Sky Harbor Boulevard; adding additional pavement
to allow for a safer merge of the turnaround traffic with the eastbound lanes along Sky
Harbor Boulevard at the Terminal 2 turnaround; installing street lighting; and adding
fencing and bollards to maintain safety from the updated traffic patterns.

The selection was made using an Invitation for Bids procurement process set forth in
Section 34-201 of the Arizona Revised Statutes. Two bids were received on October
29, 2024, and were sent to the Equal Opportunity Department for review to determine
subcontractor eligibility and contractor responsiveness in demonstrating
responsiveness to Disadvantaged Business Enterprise (DBE) program requirements.

The Opinion of Probable Cost and the two lowest responsive, responsible bidders are
listed below:

Opinion of Probable Cost: $988,871.50



Lincoln Constructors Inc.: $1,078,663
HAWK Contracting LLC: $1,474,747

The bid award amount is within the total budget for this project.

Contract Term
The term of the agreement is 210 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for Lincoln Constructors Inc. will not exceed $1,078,663,
including all subcontractor and reimbursable costs.

This project will utilize federal funds and is subject to the requirements of 49 Code of
Federal Regulations Part 26 and the U.S. Department of Transportation DBE Program.
Funding is available in the Aviation Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Location
3400 E. Sky Harbor Boulevard
Council District: 8

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Inger Erickson,
the Aviation Department and the City Engineer.








Report

New Lease Agreement with Arizona State Lottery at Phoenix Sky Harbor
International Airport (Ordinance S-51587) - District 8

Request to authorize the City Manager, or his designee, to enter into a lease
agreement with the State of Arizona by and through the Arizona State Lottery for the
sale of lottery tickets at Phoenix Sky Harbor International Airport (PHX).

Summary
Since December 2015, Arizona State Lottery has leased space in Terminal 4 under
Airport Lease Agreement 141902 (Lease) to operate a pre-security retail counter
location for lottery ticket sales. In September 2020, the Lease with Arizona State
Lottery was amended to expand its presence in Terminal 4 by adding additional lottery
vending kiosks in post-security locations, adjusting the net rent revenue structure to
percentage of sales generated by lottery counter and vending locations, and extending
the term of the Lease to expire on December 31, 2024.

Arizona State Lottery desires to enter into a new lease agreement to continue offering
lottery product sales opportunities through modern, tech-friendly vending equipment
and expanding lottery vending sales locations, which may include Terminal 3 and the
Rental Car Center at PHX. Since the Arizona State Lottery is the State-operated entity
with the exclusive rights to provide and authorize the sale of lottery products, the
Aviation Department will enter the new lease under a determination in accordance with
the Phoenix Procurement Code and Administrative Regulation 3.10.

Contract Term
The three-year term of the new lease will begin on or about January 1, 2025, and the
lease will contain four one-year options to extend the term at the sole discretion of the
Aviation Director.

Financial Impact
Arizona State Lottery will pay percentage rent equal to eight percent of gross sales
generated by lottery tickets sold at PHX. According to Arizona Revised Statutes
section 5-555(A)(4), eight percent is the maximum payment compensation percentage
to licensed sales location for lottery tickets sold. The estimated annual revenue to the
City is $144,000 and will result in approximately $1,008,000 over the seven-year



aggregate term of the lease.

Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended approval of this item on
November 21, 2024, by a vote of 5-0.
The Transportation, Infrastructure and Planning Subcommittee recommended approval
of this item on December 18, 2024 by a vote of 3-0.

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.








Report

West Transit Facility Fixed Route Bus Service - Request for Contract Award
(Ordinance S-51589) - Citywide

Request to authorize the City Manager, or his designee, to enter into an agreement
with First Transit, Inc. (a wholly owned subsidiary of Transdev Services, Inc.) for the
management and operation of fixed route bus service for the City’s West Transit
Facility. Further request to authorize the City Controller to disburse all funds related to
this item. The total cost of the agreement will not exceed $626,785,658.

Summary
This contract is for management and operation of the fixed route bus service operating
from the Public Transit Department's (PTD) West Transit Facility, located at 405 N.
79th Avenue. There are 170 vehicles located at the West Transit Facility, which are
used to provide service for one neighborhood circulator route and 11 local bus routes
throughout the region. The service accounts for 546,000 service miles a month, which
is about 30 percent of Phoenix’s local bus service. The routes also account for over
one million regional passenger boardings per month.

First Transit, Inc., which was purchased by Transdev Services, Inc. in 2023, currently
provides fixed route bus service from the West Transit Facility. Transdev Services also
provides fixed route bus service from the City’s North and South facilities. The
company currently employs 560 local staff at the West Transit Facility and 990 at the
other two facilities. Services from all locations were competitively procured to meet
Federal Transit Administration (FTA) requirements and are contracted under separate
agreements with different start and expiration dates.

Under this contract, First Transit is committed to build on their ongoing relationships
within the community, including support and partnerships with Arizona veterans’
organizations, Phoenix Union High School District, Chicanos Por La Causa,
Opportunities Industrialization Center, and St. Vincent de Paul. In addition, First Transit
partners with local disadvantaged business enterprises (DBEs) to fulfill the company’s
commitment to the City.

Procurement Information
A Request for Proposals, PTD24-005, was processed in accordance with City of



Phoenix Administrative Regulation 3.10.

Two vendors submitted proposals and both were deemed responsive and responsible.
An evaluation committee of City staff and staff from the City of Avondale, which
purchases fixed route service from the City, evaluated offers based on the following
criteria, with a maximum possible point total of 1,000:

· Method of Approach (275 points)
· Management Structure and Personnel (225 points)
· Corporate Experience and Past Performance (100 points)
· Facilities Experience (100 points)
· Price Proposal (300 points)

The evaluation panel recommends contract award to First Transit, Inc. based on the
following scoring:

· First Transit, Inc.: 883 points
· MV Public Transportation, Inc.: 751 points

Contract Term
The contract will be for a five-year term, beginning on or about July 1, 2025, with a two
-year option to extend at the City's sole discretion. In addition, if the City deems it
necessary, the City may extend the initial term or the option term on a month-to-month
basis for up to six months.

Financial Impact
The total aggregate contract value will not exceed $626,785,658. Funds are available
in the Public Transit Department's budget.

Concurrence/Previous Council Action
This item was recommended for approval at the:
· Citizens Transportation Commission meeting on December 5, 2024, by a vote of 8-
0.
· Transportation, Infrastructure and Planning Subcommittee meeting on December
18, 2024, by a vote of 3-0.

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





Report

Apply for Arizona Department of Transportation Off-System Bridge Program Call
for Projects through Maricopa Association of Governments for Federal Fiscal
Year 2025-26 - Federal Bipartisan Infrastructure Law Funding (Ordinance S-
51567) - District 6

Request to retroactively authorize the City Manager, or his designee, to apply for,
accept and, if awarded, enter into an agreement for disbursement of Federal funding
from the Maricopa Association of Governments (MAG) through the Fiscal Year 2025-
26 Call for Projects for the Arizona Department of Transportation (ADOT) Off-System
Bridge Program: Bridge Formula Program (OSB:BFP) grant opportunity. Further
request an exemption from the indemnification prohibition set forth in the Phoenix City
Code Section 42-18 for a governmental entity pursuant to Phoenix City Code Section
42-20. Additionally request to authorize the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item. Funding for these grant
opportunities are available through the Federal Bipartisan Infrastructure Law and other
sources. The total grant funds applied for will not exceed $2,184,549, and the City
would have no local match requirement.

Summary
On October 23, 2024, MAG announced a call for projects for the ADOT OSB:BFP. The
purpose of the ADOT OSB:BFP is to fund the design and construction for replacement,
rehabilitation, preservation and protection of roadway bridges over waterways,
railroads, canals, and other roadways or topographic barriers, other roadways, and
railroads and canals for bridges specifically not on the Federal-aid highway system,
which means bridges over local roads or minor rural collectors.

The ADOT OSB Program consists of funding from multiple sources and the Street
Transportation Department has submitted an application for ADOT OSB:BFP funding,
which requires no local match for awards. This opportunity utilizes funding from the
Federal Bipartisan Infrastructure Law, which can be used for replacement,
rehabilitation and/or strengthening a bridge in either poor or fair condition having a
load capacity rating that requires the bridge to be posted for weight restrictions based
on the National Bridge Inspection Standards. Funding can also be used for
preservation, prevention maintenance, or protection measures. Awards can be used
for both design and construction phases.




The City of Phoenix is requesting funding to rehabilitate Dry Wash RCB 07742 at
Warpaint Drive. The objective of this project is to improve the condition rating of the
structure, extend the anticipated design life of the structure, mitigate recurring
maintenance issues, and strengthen the structure.

Financial Impact
The estimated total cost for the project is approximately $2,184,549. The maximum
Federal participation rate is 100 percent, with a minimum local match of zero percent.
If awarded, the Federal match would not exceed $2,184,549 and the City would have
no local match requirement.

Potential grant funding received is available through the Federal Bipartisan
Infrastructure Law, from MAG through the Fiscal Year 2025-26 Call for Projects for the
ADOT OSB:BFP grant opportunity.

Location
Council District: 6

Responsible Department
This item is submitted by Deputy City Managers Inger Erickson and Mario Paniagua,
and the Street Transportation Department.








Report

Apply for U.S. Department of Transportation Low-Carbon Transportation
Materials Program Grant Opportunity for Federal Fiscal Year 2021-22 - Federal
Inflation Reduction Act Funding (Ordinance S-51574) - Citywide

Request to retroactively authorize the City Manager, or his designee, to apply for,
accept, and if awarded, enter into an agreement for disbursement of Federal funding
from the U.S. Department of Transportation (USDOT) through the Low-Carbon
Transportation Materials (LCTM) Program for Federal Fiscal Year (FFY) 2021-22.
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 Inflation Reduction Act. The total grant funds applied for will not
exceed $13 million, and there is no local match required.

Summary
The LCTM Program is a funding initiative under the Biden-Harris administration's
Federal Inflation Reduction Act, Federal Buy Clean Initiative, which aims to catalyze
clean energy industries and jobs. The USDOT announced a Notice of Funding
Opportunity (NOFO) on August 27, 2024, with over $800 million available. The grant
deadline was November 25, 2024. If awarded, all funds must be obligated by
September 30, 2026, and expended by September 30, 2031, with a performance
period of one to six years.

The City will undertake several initiatives, including developing an Environmental
Product Declaration (EPD) program to quantify carbon emissions. The City will
evaluate the opportunity to implement low-carbon materials on upcoming capital
improvement projects and look for opportunities to update contract and administrative
requirements and establish a quality assurance plan with post-construction monitoring.
The City will also pursue the opportunity to establish a framework for identifying or
incentivizing low-carbon materials, research new material and products to pilot or test
on Phoenix roadways and purchase new material lab equipment to better test and
evaluate the benefit of low carbon materials. The proposed LCTM program aims to
reduce carbon emissions and enhance the sustainability and resilience of the
Phoenix’s transportation network. If awarded, City staff will also look for opportunities
to continue partnering with local universities and industry on this low-carbon
transportation materials initiative.




Financial Impact
The estimated total incremental cost of the project is approximately $13 million. The
maximum Federal participation rate is 100 percent of incremental costs, with no local
match requirement. If awarded, the Federal match would not exceed $13 million (100
percent of incremental costs), with no local match requirement.

Potential grant funding received is available through the Federal Inflation Reduction
Act, from USDOT through the FFY 2021-22 LCTM Program grant opportunity.

Responsible Department
This item is submitted by Deputy City Managers Inger Erickson and Mario Paniagua,
and the Street Transportation Department.








Report

Intergovernmental Agreement with Arizona Department of Transportation for
Roadway, Lighting, and Sidewalk Improvements on 7th Street, North and South
of Interstate 10, Elliot Road, Warner Road, Ray Road and Chandler Boulevard to
be Abandoned to the City of Phoenix (Ordinance S-51576) - Districts 6 & 8

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement with the Arizona Department of Transportation to define
the abandonment of ownership, jurisdiction, and maintenance responsibilities for the
new improvements to the roadway, lighting, and sidewalks on 7th Street, north and
south of Interstate 10 (I-10), Elliot Road, Warner Road, Ray Road, and Chandler
Boulevard that will be abandoned to the City of Phoenix. Further request the City
Council to grant an exception pursuant to Phoenix City Code Section 42-20 to
authorize indemnification and assumption of liability provisions that otherwise would be
prohibited by Phoenix City Code Section 42-18.

Summary
The project includes mill and overlay, Americans with Disabilities Act ramp upgrades,
and additional lighting on 7th Street, north and south of I-10, Elliot Road, Warner
Road, Ray Road, and Chandler Boulevard; see Attachment A. After City final
acceptance of the project improvements, the rights of way will be abandoned to the
City.

Contract Term
The terms, conditions, and provisions of this Agreement shall remain in full force and
effect until completion of the Project. Any obligations of maintenance hereunder shall
remain perpetual and shall survive any termination hereof and the assignment or
assumption of this Agreement or the Project by another competent jurisdiction or entity.

Financial Impact
There is no financial impact to the City of Phoenix.

Location
7th Street, north and south of I-10, Elliot Road, Warner Road, Ray Road, and Chandler
Boulevard.
Council Districts: 6 and 8




Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Street
Transportation Department.





Attachment A
, Ray & Chandler Blvd/I-10




Exhibit A - IGA 24-0009612, 7th St/I-10




-
T




Abandonment Area to City of Phoenix
■ ADOT R/W, Maintained by City of Phoenix
■ ADOT R/W, Maintained by ADOT lnfrastructureDeliveryandOperationsf------t------1
DATE
ADOT / CITY of PHOENIX

PROJECT:
Wall Easement to ADOT
ROUTE· LOCATION:

1-10 7TH STREET INTERSTATE 10 F0692

2 of 3 162
A , Elliot & Warner Rd/I-10







Report

Hohokam Drainage Program 1 - Engineering Services - ST83140137,
ST83140139, ST83140142 and ST83140143 (General Obligation Bond) (Ordinance
S-51568) - District 8

Request to authorize the City Manager, or his designee, to enter into an agreement
with Kimley-Horn and Associates, Inc. to provide Engineering Services that include
design and possible construction administration and inspection services for the
General Obligation Bond funded Hohokam Drainage Program 1 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 fee for services will not exceed
$1,796,936.79.

Additionally, request to authorize the City Manager, or his designee, to take all action
as may be necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services related to the
development, design, and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunication, cable
television, and railroads and other modes of transportation. Further request the City
Council to grant an exception to Phoenix City Code 42-20 to authorize inclusion in the
documents pertaining to this transaction of indemnification and assumption of liability
provisions that otherwise should be prohibited by Phoenix City Code 42-18. This
authorization excludes any transaction involving an interest in real property.

Summary
The purpose of this project is to implement comprehensive storm water management
solutions across multiple sites within the City. Program 1 will provide these services at
four separate locations: 12th Street to 14th Street - Ardmore Road and Highline Canal;
16th Street and Ardmore Road Basin 1; 14th Street to 15th Street - Ardmore Road
and Dobbins Road; and South Mountain Avenue - 14th Street to 17th Way.

Kimley-Horn and Associates, Inc.'s services include, but are not limited to: update
hydrologic and hydraulic analysis to confirm size of proposed storm drains; collect
topographic, utility and geotechnical information to aid in the design of new storm
drain; develop construction documents for project limits, including plans, specifications,



and cost estimates; assist the City in community public outreach and stakeholder
engagement; support the City's utility coordination efforts that include utility
designation and potholing, identifying necessary right-of-way for project, and preparing
necessary right-of-way documents; and perform other tasks as determined by the
project needs.

Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Five firms submitted proposals
and are listed below.

Selected Firm
Rank 1: Kimley-Horn and Associates, Inc.

Additional Proposers
Rank 2: AECOM Technical Services, Inc.
Rank 3: Wilson & Company, Inc., Engineers & Architects
Rank 4: Wood, Patel & Associates, Inc.
Rank 5: Ardurra Group, Inc.

Contract Term
The term of the agreement is five years from the issuance of the Notice to Proceed.
Work scope identified and incorporated into the agreement prior to the end of the term
may be agreed to by the parties, and work may extend past the termination of the
agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for Kimley-Horn and Associates, Inc. will not exceed
$1,796,936.79, including all subconsultant and reimbursable costs. Funding is
available in the Street Transportation Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Public Outreach
Kimley-Horn and Associates, Inc. will work with the City of Phoenix Public Outreach
firm on public engagement.




Location
12th Street to 14th Street - Ardmore Road and Highline Road; 16th Street and
Ardmore Road Basin 1; 14th Street to 15th Street - Ardmore Road and Dobbins Road;
South Mountain Avenue - 14th Street to 17th Way.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson, the Street
Transportation Department and the City Engineer.








Report

Telecommunications Services, Private Line Services and Interstate
Telecommunications Services License with Summit Infrastructure Group, LLC
(Ordinance S-51584) - Citywide

Request to authorize the City Manager, or his designee, to execute a non-exclusive,
revocable license with Summit Infrastructure Group, LLC to construct, install, operate,
maintain, and use the public highways in the City of Phoenix in order to provide
telecommunications services and interstate telecommunications services in, under,
over, and across public rights-of-way in the City, subject to the terms and conditions
contained in the license and Phoenix City Code. Further request to authorize the City
Treasurer to accept all funds related to this item. Additionally request that the Licensee
sign the license within 60 days of Council action, or this authorization will expire.

Summary
Summit Infrastructure Group, LLC is a telecommunications company that desires to
construct, install, operate, maintain, and use the public highways in the City of Phoenix
in order to provide telecommunications services and interstate telecommunications
services in, under, over, and across public rights-of-way in the City. The license will be
for a five-year period, with an option for a one-time five-year renewal, contain
appropriate insurance and indemnification provisions, require a performance bond and
a security fund, provide for terms of transfer and revocation, and provide for
compensation for the commercial use of public rights-of-way while permitting the City
to manage the rights-of-way.

Contract Term
The request is for a five-year Telecommunications Services, Private Line Services, and
Interstate Telecommunications Services License with an option for a one-time five-year
renewal.

Financial Impact
There is no financial impact to the City. Licensee will pay an annual fee based on a
formula using linear footage and the Consumer Price Index.






Responsible Department
This item is submitted by Deputy City Manager Inger Erickson, the Street
Transportation Department and the City Engineer.








Report

Phoenix Sidewalk Shade Structures - American Rescue Plan Act - Design-Bid-
Build Services - ST85170116 (Ordinance S-51590) - Districts 3, 4, 5, 7 & 8

Request to authorize the City Manager, or his designee, to accept Accurate Concrete
and Fence, LLC as the lowest-priced, responsive, and responsible bidder and to enter
into an agreement with Accurate Concrete and Fence, LLC for Design-Bid-Build
Services for the Phoenix Sidewalk Shade Structures American Rescue Plan Act
project. Further request to authorize the City Controller to disburse all funds related to
this item. The fee for services will not exceed $1,480,233.29.

Summary
The purpose of this project is to construct 19 free standing shade structures in the
public right-of-way to improve walkability in neighborhoods with limited shade
coverage.

Accurate Concrete and Fence, LLC's services include, but are not limited to: structure
fabrication; structure installation, including survey, blue stake, and potholes; site
construction and removals, including concrete and accessibility feature upgrades;
accessible pedestrian signal push buttons; traffic control; coordination with the Street
Transportation Department's Traffic Services Division; and relocation of fire hydrants
and adjustment of junction boxes.

The selection was made using an Invitation for Bids procurement process set forth in
Section 34-201 of the Arizona Revised Statutes. One bid was received on November
19, 2024 and was sent to the Equal Opportunity Department for review to determine
subcontractor eligibility and contractor responsiveness in demonstrating
responsiveness to Disadvantaged Business Enterprise (DBE) program requirements.

The opinion of probable cost and the one lowest responsive, responsible bidder are
listed below:

Opinion of Probable Cost: $1,449,560
Accurate Concrete and Fence, LLC: $1,480,233.29

The bid award amount is within the total budget for this project.




Contract Term
The term of the agreement is 360 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for Accurate Concrete and Fence, LLC will not exceed
$1,480,233.29, including all subcontractor and reimbursable costs.

This project will utilize federal funds and is subject to the requirements of 49 Code of
Federal Regulations Part 26 and the U.S. Department of Transportation DBE program.
Funding is available in the Street Transportation Department's Capital Improvement
Program budget through the American Rescue Plan Act. The Budget and Research
Department will separately review and approve funding availability prior to execution of
any amendments. Payments may be made up to agreement limits for all rendered
agreement services, which may extend past the agreement termination.

Location
Dunlap Road and 19th Avenue; Indian School Road and Central Avenue; Van Buren
Street and 28th Street; Van Buren Street and 35th Street; Van Buren Street and 36th
Street; McDowell Road and 16th Street; Thomas Road and 43rd Avenue; McDowell
Road and 67th Avenue; Camelback Road and 23rd Avenue; Indian School Road and
59th Avenue; Roosevelt Street and 16th Street; Southern Avenue and 19th Avenue;
Southern Avenue and 24th Street.
Council Districts: 3, 4, 5, 7 and 8

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson, the Street
Transportation Department and the City Engineer.








Report

Intergovernmental Agreement with the City of Glendale for the Installation,
Operation, and Maintenance of a Traffic Signal on 51st Avenue and Union Hills
Drive (Ordinance S-51594) - District 1

Request authorization for the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with the City of Glendale for the City of Phoenix to
design, install, and maintain an upgraded traffic signal at 51st Avenue and Union Hills
Drive.

Summary
The City of Phoenix Street Transportation Department seeks to collaborate with the
City of Glendale to upgrade the traffic signal at 51st Avenue and Union Hills Drive. The
upgrade will enhance safety by introducing flashing yellow arrows and a positive offset
for improved visibility during left turns. This intersection is part of a larger Phoenix
project involving five intersections, funded through the Highway Safety Improvement
Program (HSIP). Phoenix staff and consultants are responsible for the project's design,
construction, and maintenance.

The intersection of 51st Avenue and Union Hills Drive, located at the boundary
between the City of Phoenix and the City of Glendale, is currently operated and
maintained by the City of Phoenix. The east, north, and south approaches are within
the City of Phoenix's jurisdiction, while the west approach is in the City of Glendale's
jurisdiction. The intersection has seen a higher volume of crashes. Both current and
future traffic signal equipment at the intersection will be owned, operated, and
maintained by the City of Phoenix.

The purpose of this IGA is to identify and define the design, construction, maintenance,
and funding responsibilities of the City of Phoenix and the City of Glendale.

Contract Term
The agreement will be effective on the date it is executed by all the governing
organizations and shall remain in effect for 30 years.

Financial Impact
There is no financial impact to this agreement.




Location
51st Avenue and Union Hills Drive
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Street
Transportation Department.








Report

Small Engine Repair and Maintenance - IFB-2425-WDD-662 - Request for Award
(Ordinance S-51565) - Citywide

Request to authorize the City Manager, or his designee, to enter into contracts with
Palmerosa Enterprises, Inc. and Superior Cleaning Equipment, Inc. to provide small
engine repair and maintenance for the Water Services Department (WSD). Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the contracts will not exceed $450,000.

Summary
This contract will provide repairs to small engines, on an as-needed basis, allowing
WSD to obtain repairs from authorized repair shops. This service will extend engine
life and allow necessary maintenance to keep the machines running to the highest
standards for efficiency and safety.

Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.

Two vendors submitted bids deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendors:

Selected Bidders
Palmerosa Enterprises, Inc.: $450 (hourly rate)
Superior Cleaning Equipment, Inc.: $338 (hourly rate)

Contract Term
The contracts will begin on or about January 1, 2025, for a five-year term with no
options to extend.

Financial Impact
The aggregate value of the contracts will not exceed $450,000.

Funding is available in the Water Services Department Operating budget.




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








Report

Sheet and Bulk Molded Compound Meter Boxes - IFB-2425-WMD-633 - Request
for Award (Ordinance S-51578) - Citywide

Request to authorize the City Manager, or his designee, to enter into agreements with
Fortiline, Inc.dba Fortiline Waterworks and Ferguson Enterprises, LLC to provide sheet
and bulk molded compound meter boxes for the Water Services Department (WSD).
Further request to authorize the City Controller to disburse all funds related to this
item. The total value of the agreements will not exceed $3,000,000.

Summary
This agreement will provide WSD with the ability to purchase sheet and bulk molded
compound meter boxes on an as-needed basis. The WSD uses various meter boxes
and covers to protect customer meters throughout the City. WSD requires that there is
a supply of sheet and bulk molded compound meter boxes on hand for repair and new
installation to provide excellent customer service.

Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.

Three vendors submitted bids deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendors:

Selected Bidders
Ferguson Enterprises, LLC: $206,329.50 (annually)
Fortiline, Inc. dba Fortiline Waterworks $214,024.72 (annually)

Additional Bidders
Core and Main LP

Contract Term
The contracts will begin on or about February 1, 2025, for a five-year term with no
options to extend.




Financial Impact
The aggregate contracts value will not exceed 3,000,000.

Funding is available in the Water Services Department Operating budget.

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








Report

Abandonment of Right-of-Way - ABND 200552 - North of Exeter Boulevard and
57th Way (Resolution 22271) - District 6

Abandonment: 200552
Project: 19-1216
Applicant: Nathan Cottrell
Request: To abandon 57th Way right-of-way, adjacent to 5730 and 5740 E. Exeter
Boulevard and 4330 and 4333 N. 57th Way.
Date of Hearing: November 5, 2020

Location
Generally located north of Exeter Boulevard and 57th Way
Council District: 6

Financial Impact
A fee was also collected as part of this abandonment in the amount of $2,530.

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








Report

Abandonment of Right-of-Way - ABND 240023 - 7825 S. 36th Street (Resolution
22274) - District 8

Abandonment: 240023
Project: 23-1343
Applicant: Porchlight Homes
Request: To abandon a 25 foot wide right-of-way that totals 3,211 square feet.
Date of Hearing: June 13, 2024

Location
Generally located between 7833 S. 36th Street and the parcel immediately west of
Assessor Parcel Number 301-23-003C
Council District: 8

Financial Impact
A fee was also collected as part of this abandonment in the amount of $771.

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








Report

Approval of Phil Gordon Threatened Building Grant - George H. and Mabel M.
Lutgerding Residence - 303 W. Willetta Street (Ordinance S-51591) - District 7

This report requests the City Manager, or his designee, to enter into the necessary
agreements and conveyances with John and Criselda Sweet related to a Phil Gordon
Threatened Building Grant of up to $199,500 to assist with the rehabilitation of the
historically designated George H. and Mabel M. Lutgerding Residence located at 303
W. Willetta Street. Further request for the City Controller to disburse all funds related to
this item.

Summary
Located at the southwest corner of 3rd Avenue and Willetta Street, the Lutgerding
Residence was constructed circa 1912. The property was listed in the National
Register of Historic Places as a contributor to the Kenilworth Historic District in 1983
and listed in the Phoenix Historic Property Register as part of the Roosevelt District in
1986. The property is a significant example of Tudor Revival-style architecture
designed by prominent Phoenix architect Leighton G. Knipe and was acknowledged as
individually eligible for historic designation should certain non-historic modifications to
the property be reversed.

During the Great Depression and World War II, the home was used as a boarding
house, and in 1971, it became a group home. A number of modifications were made to
the building to increase and divide space to accommodate this use, including additions
to the front and side elevations.

The current property owners, John and Criselda Sweet, purchased the home in
September of 2024 with the intention of converting the property back to single family
use and reversing a number of the prior modifications. The owners submitted a
threatened building grant application on October 9, 2024. The owners are seeking
funding assistance for the following eligible work items:

1. Installation of new period-appropriate diamond-paned windows;
2. Repair and restoration of original windows where present;
3. Replacement of exterior doors to match originals;
4. Full roof replacement on main structure;



5. Repair/replacement of half-timbering on gable ends;
6. Various brick repairs;
7. Demolition of non-historic additions and restoration of front facade;
8. Replacement of missing section of front porch wall; and
9. Various stucco repairs.

The cost of the entire rehabilitation project is estimated at $600,000.

Staff recommends allocating the use of $199,500 in available Phil Gordon Threatened
Building Grant funds for this project.

If approved, the grant funds will be disbursed to the applicant on a reimbursement
basis. The applicant will be required to provide evidence of a dollar-for-dollar match.

Financial Impact
The requested amount is $199,500. In exchange for the grant funds, the City will
receive a 30-year conservation easement. The easement will require that the property
be preserved and that it be insured and maintained in good repair once rehabilitation is
completed. Funding is available in the Department's General Fund budget.

Concurrence
· The Historic Preservation Commission recommended approval of this item on
October 21, 2024, by a 6-0 vote.
· The Transportation, Infrastructure and Planning Subcommittee recommended
approval of this item on December 18, 2024, by a 3-0 vote.

Location
303 W. Willetta Street
Council District: 7

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








Report

Amend City Code - Official Supplementary Zoning Map 1274 (Ordinance G-
7344) - District 6

Request to authorize the City Manager to amend Section 601 of the Phoenix
Zoning Ordinance by adopting Official Supplementary Zoning Map 1274. This
amendment reflects that the property owner has met all of the rezoning conditions
previously approved by City Council with Z-116-R-81 and the entitlements are fully
vested.

Summary
To rezone a parcel located approximately 335 feet south of the southwest corner of
the I-10 Freeway and Baseline Road
Application No.: Z-116-R-81
Zoning: PUD PCD
Owner: Arizona Grand Resort, LLC, et al.
Acreage: 60.70

Location
Located approximately 335 feet south of the southwest corner of the I-10 Freeway
and Baseline Road
Address: 8000 S. Arizona Grand Parkway, et al.
Council District: 6

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





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 1274.

____________


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 1274, which

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

PASSED by the Council of the City of Phoenix this 15th day of January,

2025.



________________________________
MAYOR


ATTEST:


____________________________City Clerk



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




By: _________________________

_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager




DI: arm: LF24-2806:1-15-2025







Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-69-24-7 -
Approximately 1,440 Feet West of the Southwest Corner of 51st Avenue and
Broadway Road (Ordinance G-7347) - District 7

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
County RU-43 (Pending S-1) (One Acre Per Dwelling Unit, Pending Ranch or Farm
Residence) to A-1 (Light Industrial District) to allow retention for adjacent A-1 and
CP/GCP uses.

Summary
Current Zoning: County RU-43 (Pending S-1)
Proposed Zoning: A-1
Acreage: 3.66
Proposed Use: Retention for adjacent A-1 and CP/GCP uses

Owner: Fisher Sand and Gravel Co
Applicant: Fisher Sand and Gravel Co
Representative: Adam Baugh, Withey Morris Baugh P.L.C.

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Estrella Village Planning Committee was scheduled to hear this item
on November 19, 2024, for recommendation; however, there was no quorum.
PC Action: The Planning Commission heard this item on December 5, 2024, and
recommended approval, per the staff recommendation, by a vote of 8-0.

Location
Approximately 1,440 feet west of the southwest corner of 51st Avenue and Broadway
Road
Council District: 7
Parcel Address: N/A

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


ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-69-24-7) FROM COUNTY RU-43 (PENDING S-
1) (ONE ACRE PER DWELLING UNIT, PENDING RANCH OR
FARM RESIDENCE) TO A-1 (LIGHT INDUSTRIAL DISTRICT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 3.66-acre site located approximately 1,440

feet west of the southwest corner of 51st Avenue and Broadway Road in a portion of

Section 20, Township 1 North, Range 2 East, as described more specifically in Exhibit

“A,” is hereby changed from “County RU-43 (Pending S-1)” (One Acre Per Dwelling

Unit, Pending Ranch or Farm Residence) to “A-1” (Light Industrial District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B.”

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,




violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The development shall conform with the Estrella Village Arterial Street
Landscaping Program landscape pallet and landscaping standards along
arterial streets in the Estrella Village, except as otherwise noted herein, as
approved by the Planning and Development Department.

2. Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized on site, as approved or
modified by the Planning and Development Department.

3. The required landscape setback shall be planted with minimum 2-inch caliper,
large canopy, drought tolerant shade trees planted 20 feet on center, or in
equivalent groupings, and shrubs, accents, and vegetative groundcovers, as
approved by the Planning and Development Department.

4. A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.

5. Landscaping within the required landscape setback shall be maintained by
permanent and automatic/water efficient WaterSense labeled irrigation
controllers (or similar smart controller) to minimize maintenance and irrigation
water consumption for all on and offsite landscape irrigation.

6. A minimum of two green stormwater infrastructure (GSI) elements for
stormwater management shall be implemented, as approved or modified by the
Planning and Development and/or Street Transportation departments. This
includes but is not limited to stormwater harvesting basins, bioswales,
permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure
and Low Impact Development Details for Alternative Stormwater Management.

7. A minimum 6-foot-wide detached sidewalk separated by a minimum 10-foot
wide landscape strip between the curb and sidewalk shall be provided along
the south side of Broadway Road, planted to the following standards and as
approved by the Maricopa County Department of Transportation.

a. Minimum 2-inch caliper, single-trunk, large canopy, shade trees planted
20 feet on center, or in equivalent groupings, to provide a minimum of
75% shade.

b. Shrubs, accents, and vegetative groundcovers with a maximum mature
height of two feet to provide a minimum of 75% live coverage.




Where utilities conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.

8. A minimum 55 feet of right-of-way shall be constructed for the south half of
Broadway Road to an Arterial CM cross-section, adjacent to the development,
or as otherwise approved by the Maricopa County Department of
Transportation. Documentation of the county review and approval shall be
provided prior to Preliminary Site Plan approval.

9. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

10. This parcel is in a Special Flood Hazard Area (SFHA) called Zone AE, on panel
2195L of the Flood Insurance Rate Maps (FIRM) dated September 21, 2020.
The following requirements shall apply, as approved by the Planning and
Development Department:

a. The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code

b. A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of Street Transportation Department for
review and approval of Floodplain requirements.

c. The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit.

11. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

12. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.




13. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

14. Prior to final site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning
application file for record. This stipulation shall not be applicable if the property
is owned by the City of Phoenix.

SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of January,

2025.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________




REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)




EXHIBIT A

LEGAL DESCRIPTION FOR Z-69-24-7

A PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 20;

THENCE NORTH 88°37'36" WEST, ALONG THE NORTH LINE OF THE SOUTH HALF
OF THE SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 1436.94
FEET TO THE TRUE POINT OF BEGINNING;

THENCE SOUTH 00°13'13" WEST, A DISTANCE OF 579.06 FEET; THENCE NORTH
88°37'36" WEST, A DISTANCE OF 470 .25 FEET;
THENCE NORTH 00°13'13" EAST, A DISTANCE OF 579.06 FEET TO A POINT ON
THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 20;

THENCE SOUTH 88°37'36" EAST, ALONG THE NORTH LINE OF THE SOUTH HALF
OF THE SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 470 .25
FEET TO THE TRUE POINT OF BEGINNING;

EXCEPT A 110.00 FOOT STRIP OF LAND LYING WITHIN THAT PORTION OF THE
SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 2 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 20;

THENCE NORTH 88°37'36" WEST, ALONG THE NORTH LINE OF THE SOUTH HALF
OF THE SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 1436.94
FEET TO THE TRUE POINT OF BEGINNING;

THENCE SOUTH 00°13'13" WEST, A DISTANCE OF 579.06 FEET; THENCE NORTH
88°37'36" WEST, A DISTANCE OF 470 .25 FEET;
THENCE NORTH 00°13'13" EAST, A DISTANCE OF 579.06 FEET TO A POINT ON
THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID
SECTION 20;




THENCE SOUTH 88°37'36" EAST, ALONG THE NORTH LINE OF THE SOUTH HALF
OF THE SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 470.25
FEET TO THE TRUE POINT OF BEGINNING;

SAID AFOREMENTIONED STRIP BEING 110.00 FEET IN WIDTH, BEING 55.00
FEET AS MEASURED AT RIGHT ANGLES AND RADIALLY TO THE FOLLOWING
DESCRIBED CENTERLINE:

BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 20;

THENCE SOUTH 88°37'56" EAST, ALONG THE SOUTH LINE OF SAID SECTION 20,
A DISTANCE OF
1366.79 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING
A RADIUS OF
1373.98 FEET AND A CENTRAL ANGLE OF 30°52'18";

THENCE EASTERLY ALONG THE ARC OF SAID CURVE 740.32 FEET TO A POINT
OF TANGENCY;

THENCE NORTH 60°29'46" EAST, A DISTANCE OF 1918.47 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
1373.91 FEET AND A CENTRAL ANGLE OF 30°52°38";

THENCE EASTERLY ALONG THE ARC OF SAID CURVE 740.41 FEET TO THE
POINT OF TANGENCY, SAID POINT BEING 55.00 FEET NORTH OF THE NORTH
LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20;

THENCE SOUTH 88°37'36" EAST, PARALLEL TO AND 55.00 FEET NORTH OF SAID
NORTH LINE, A DISTANCE OF 795.75 FEET TO A POINT ON THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 20 AND THE TERMINUS OF SAID
110.00 FOOT STRIP.

AND EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 20,
TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, LYING NORTH OF THE FOLLOWING
DESCRIBED CENTERLINE:

BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 20;

THENCE SOUTH 88 DEGREES 28 MINUTES 00 SECONDS EAST, ALONG THE
SOUTH LINE OF SAID SECTION 20, A DISTANCE OF 1366.79 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1373.98
FEET AND A CENTRAL ANGLE OF 30°52'18";

THENCE EASTERLY ALONG THE ARC OF SAID CURVE 740.32 FEET TO A POINT
OF TANGENCY;




THENCE NORTH 60 DEGREES 29 MINUTES 46 SECONDS EAST, A DISTANCE OF
1918.47 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 1373.91 FEET AND A CENTRAL ANGLE OF 30°52°38";

THENCE EASTERLY ALONG THE ARC OF SAID CURVE 740.41 FEET TO THE
POINT OF TANGENCY, SAID POINT BEING 55.00 FEET NORTH OF THE NORTH
LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20;

THENCE SOUTH 88°37'36" EAST, PARALLEL TO AND 55.00 FEET NORTH OF SAID
NORTH LINE, A DISTANCE OF 795.75 FEET TO A POINT ON THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 20 AND THE TERMINUS .

APN : 104-59-001N







Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-1-24--Z-74-
15-7 - Approximately 358 Feet East of the Southeast Corner of 83rd Avenue and
Lower Buckeye Road (Ordinance G-7348) - District 7

Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on November 20, 2024.

Summary
Application: PHO-1-24--Z-74-15-7
Existing Zoning: C-2
Acreage: 7.04

Owner: Crossroad Commons, LLC
Applicant: Cassandra Ayres, Berry Riddell LLC
Representative: Cassandra Ayres, Berry Riddell LLC

Proposal:
1. Request to modify Stipulation 1 regarding general conformance with the site plan
date stamped January 11, 2016, and elevations date stamped November 18, 2015.
2. Request to delete Stipulation 2 regarding minimum landscape setback along the
south property line.

VPC Action: The Estrella Village Planning Committee was scheduled to hear this
request on November 19, 2024, but did not have a quorum.
PHO Action: The Planning Hearing Officer recommended approval with a modification
and an additional stipulation.

Location
Approximately 358 feet east of the southeast corner of 83rd Avenue and Lower
Buckeye Road
Council District: 7
Parcel Address: 8259 W. Lower Buckeye Road





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





ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-74-15-7 PREVIOUSLY APPROVED BY
ORDINANCE G-6144.

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning stipulations applicable located approximately

358 feet east of the southeast corner of 83rd Avenue and Lower Buckeye Road in a

portion of Section 23, Township 1 North, Range 1 East, as described more

specifically in Attachment “A”, are hereby modified to read as set forth below.

STIPULATIONS:

Phoenix Zoning Ordinance:

1. The development shall be in general conformance with the site plan date
stamped OCTOBER 4, 2024 January 11, 2016, with the specific regard to
the east/west connectivity throughout the site and with the C-1 parcel to
the west, and the elevations date stamped OCTOBER 22, 2024 November
18, 2015, AS APPROVED OR modified by the following stipulations, as
approved by the Planning and Development Department.

2. A minimum 25-foot landscape setback shall be provided along the south
property line, as approved by the Planning and Development Department.

2. The landscape setback along the south property line shall be planted with
3. a minimum 50% 2-inch caliper trees and a minimum 50% 3-inch caliper
trees planted 20-feet on center with a minimum of (5) 5-gallon shrubs per
tree, as approved by the Planning and Development Department.


3. The development shall conform to the Estrella Village Arterial Street
4. Landscaping Program as approved by the Planning and Development
Department.

4. The developer shall dedicate a 30-foot multi-use trail easement along the
5. south side of Lower Buckeye Road, as approved by the Planning and
Development Department.

5. A 10-foot-wide multi-use trail shall be constructed along Lower Buckeye
6. Road and shall be improved per Parks and Recreation Department
standards and the Estrella Multi-Purpose Trail Plan, as approved by the
Planning and Development Department.

6. Right-of-way totaling 55 feet shall be dedicated for the south half of Lower
7. Buckeye Road for the length of the project, as approved by the Planning
and Development Department.

7. The developer shall provide the following as approved by the Street
8. Transportation Department. All improvements shall comply with all ADA
accessibility standards.

a. Paving along the south side of Lower Buckeye Road.

b. Improvements including paving, curb, gutter, median island, 5’
detached sidewalk, streetlights and other necessary incidentals as
required.

c. City of Phoenix standard paved transition tapers to all existing
improvements.

8. The developer shall complete and submit the Developer Project
9. Information Form for the MAG Transportation Improvement Program to the
Street Transportation Department.

9. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS
FORM. THE WAIVER SHALL BE RECORDED WITH THE MARICOPA
COUNTY RECORDER'S OFFICE AND DELIVERED TO THE CITY TO
BE INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD.


SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-6144 this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6144 and as modified in

Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of




Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site

until all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the

validity of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of January

2025.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager


Exhibits:
A - Legal Description (1 Page)
B - Ordinance Location Map (1 Page)

EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-24--Z-74-15-7

A PARCEL OF LAND LOCATED WITHIN THE NORTHWEST QUARTER OF
SECTION 23, TOWNSHIP 1 NORTH, RANGE 1 EAST, OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 23, THENCE
SOUTH 89 DEGREES 50 MINUTES 35 SECONDS EAST, ALONG THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A DISTANCE OF
1337.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
THENCE SOUTH 0 DEGREES 09 MINUTES 25 SECONDS WEST, A DISTANCE OF
55.00 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF LOWER
BUCKEYE ROAD AND ALSO A POINT ON THE WEST BOUNDARY LINE OF
"SUNDANCE RANCH II";
THENCE SOUTH 01 DEGREES 37 MINUTES 12 SECONDS EAST, A DISTANCE
OF 240.52 FEET, TO A POINT ON THE WEST BOUNDARY LINE OF "SUNDANCE
RANCH II";
THENCE SOUTH 01 DEGREES 40 MINUTES 33 SECONDS EAST, A DISTANCE
OF 28.13 FEET, TO A POINT ON THE WEST BOUNDARY LINE OF "SUNDANCE
RANCH II";
THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS WEST, PARALLEL TO
SAID NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A
DISTANCE OF 950.03 FEET;
THENCE NORTH 01 DEGREES 39 MINUTES 59 SECONDS WEST
APPROXIMATELY PARALLEL TO SAID WEST BOUNDARY LINE OF "SUNDANCE
RANCH II" , A DISTANCE OF 323.65 FEET, TO A POINT ALONG THE NORTH LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 23;
THENCE SOUTH 89 DEGREES 50 MINUTES 35 SECONDS EAST ALONG SAID
NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23, A
DISTANCE OF 950.03 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED.
SAID PARCEL CONTAINS 307,467.5 SQUARE FEET OR 7.058 ACRES, MORE OR
LESS.







Report

Modification of Stipulation Request for Ratification of November 20, 2024,
Planning Hearing Officer Action - PHO-2-24--Z-21-02-7 - Southeast Corner of 83rd
Avenue and Lower Buckeye Road - District 7

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 November 20, 2024. This ratification requires
formal action only.

Summary
Application: PHO-2-24--Z-21-02-7
Existing Zoning: C-1
Acreage: 2.71

Owner: Crossroad Commons, LLC
Applicant: Cassandra Ayres, Berry Riddell LLC
Representative: Cassandra Ayres, Berry Riddell LLC

Proposal:
1. Request to modify Stipulation 1 regarding general conformance to the site plan date
stamped July 1, 2016.
2. Request to modify Stipulation 3 regarding compatible elevations date stamped July
1, 2016.
3. Request to modify Stipulation 6 regarding an eight-foot wide multi-purpose trail
along Lower Buckeye Road.

VPC Action: The Estrella Village Planning Committee was scheduled to hear this
request on November 19, 2024, but did not have a quorum.
PHO Action: The Planning Hearing Officer recommended approval with a modification
and an additional stipulation.

Location
Southeast corner of 83rd Avenue and Lower Buckeye Road
Council District: 7
Parcel Address: 8275 W. Lower Buckeye Road




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





ATTACHMENT A


Stipulations – PHO-2-24--Z-21-02-7

Location: Southeast corner of 83rd Avenue and Lower Buckeye Road

STIPULATIONS:

1. Development shall be in general conformance to the site plan dated
OCTOBER 4, 2024 June 22, 2001, AS MODIFIED BY THE FOLLOWING
STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT with a commercial pad development site
plan date stamped July 1, 2016, and include the integration of open space
and pedestrian connection between the commercial and residential and
the conceptual commercial center elevations (including the one pad site).
In addition, 4-sided architectural improvements to the commercial
buildings shall be provided.

2. Along arterial and adjoining local streets for a distance of 120 feet within
the residential development, the sidewalks shall be detached, and a 5-
foot-wide landscape strip shall be located between the sidewalk and back
of curb. The planting area shall be planted with minimum 2-inch caliper
trees placed an average of 20 feet on center with ground cover.

3. Architecture materials for the commercial development shall be compatible
with the elevations date stamped OCTOBER 22, 2024 July 1, 2016.
Mediterranean Tuscan design and architecture style shall be incorporated
into the residential portion of the development.

4. A minimum 40 by 40-foot triangular landscape entry area shall be provided
at the Lower Buckeye Road entrance into the residential development.

5. Recreational amenities such as trails, ramadas, and playground
equipment, shall be provided in the open space parcel. Connection to the
community trails shall be provided where appropriate. Details about the
open space layouts, amenities, and trail connections shall be illustrated on
the site plan submitted by the developer and approved by the Planning
and Development Department.

6. An 108-foot-wide multi-purpose trail shall be provided along Lower
Buckeye Road and shall be improved per Parks and Recreation
Department standards and the Estrella Village Trails Plan.

7. All retention areas shall be sloped no greater than 4:1 throughout the site.

8. View fencing shall be required for all lots that back onto the open space
areas as approved by the Planning and Development Department.




9. Prior to the final plat approval, the property owner shall record documents
that disclose to purchasers of property within the development(s) the
existence and characteristics of the Tolleson and 91st Avenue Wastewater
Treatment Plants, the Sunland Beef Company, and the dairy operations in
the area. The form and content of such documents shall be reviewed and
approved by the City Attorney.

10. The developer of this property shall participate in the Estrella Village
Arterial Street Landscape Program.

11. A homeowner's association shall be established which will have the
responsibility for maintaining all landscaping within and adjacent to the
right of way, and in all common areas and tracts in accordance with
approved plans.

12. A 75' by 75' landscape triangle shall be provided on the commercial center
site located at the southeast corner of 83rd Avenue and Lower Buckeye
Road.

13. The following right-of-way shall be provided:

a. Right-of-way totaling 55 feet shall be dedicated for the south half of
Lower Buckeye Road.

b. Right-of-way totaling 55 feet shall be dedicated for the east half of
83rd Avenue.

c. A 21-foot by 21-foot right-of-way triangle shall be dedicated at the
southeast corner of 83rd Avenue and Lower Buckeye Road.

d. Sufficient right-of-way shall be dedicated to accommodate a far-side
busbay (Detail P-1257and 1261) on Lower Buckeye Road at 83rd
Avenue.

e. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps,
streetlights, landscaping, and other incidentals as per plans approved
by the City. All improvements shall comply with all ADA accessibility
standards.

f. The applicant shall complete and submit the Developer Project
Information Form for the MAG Transportation Improvement Program
to Alan Hilty, 262- 6193, with the Street Transportation Department.
This form is a requirement of the EPA to meet clean air quality
requirements.




14. There shall be no drive-through facilities for the commercial pad except for
the property shown on the site plan date stamped July 1, 2016.

15. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS
FORM. THE WAIVER SHALL BE RECORDED WITH THE MARICOPA
COUNTY RECORDER'S OFFICE AND DELIVERED TO THE CITY TO
BE INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD.







Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-22-24-8
(40th Street PUD) - Southeast Corner of 40th Street and McDowell Road
(Ordinance G-7346) - District 8

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of
the City of Phoenix, by adopting Rezoning Application Z-22-24-8 and rezone the
site from R1-6 (Single-Family Residence District) to PUD (Planned Unit
Development) to allow multifamily residential.

Summary
Current Zoning: R1-6
Proposed Zoning: PUD
Acreage: 2.25
Proposal: Multifamily residential

Owner/Applicant: 40 McDowell, LLC c/o Yasser Elshair
Representative: Benjamin Graff, Quarles & Brady, LLP

Staff Recommendation: Approval subject to stipulations.
VPC Info: The Camelback East Village Planning Committee heard this case on April
2, 2024, for information only.
VPC Action: The Camelback East Village Planning Committee heard this case on
November 12, 2024, and recommended approval, per the staff recommendation,
with an additional stipulation, by a vote of 10-4.
PC Action: The Planning Commission heard this case on December 5, 2024, and
recommended approval, per the staff memo dated December 4, 2024, by a vote of
8-0.

Location
Southeast corner of 40th Street and McDowell Road
Council District: 8
Parcel Address: 1515 N. 40th Street





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





ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-22-24-8) FROM R1-6 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO PUD (PLANNED UNIT
DEVELOMENT).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 2.25-acre site located at the southeast

corner of 40th Street and McDowell Road in a portion of Section 6, Township 1 North,

Range 4 East, as described more specifically in Exhibit “A,” is hereby changed from

“R1-6” (Single-Family Residence District) to “PUD” (Planned Unit Development).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B.”

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,




violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. An updated Development Narrative for the 40th Street PUD reflecting the
changes approved through this request shall be submitted to the Planning and
Development Department within 30 days of City Council approval of this
request. The updated Development Narrative shall be consistent with the
Development Narrative date stamped October 3, 2024, as modified by the
following stipulations:

a. Front cover: Revise the date information on the cover page to the
following: City Council Adopted: [Add Adoption Date].

b. Page 9, Development Standards, Maximum Density: Update to 34.67
du/acre.

c. Page 10, Streetscape Standards, c. 40th Street Bypass: Delete item 4
related to the landscape planting standards.

d. Page 11, Parking Standards, a. Minimum Resident Parking Standards:
Add On-street parking shall be for public use only, including residents,
and may not be counted towards the required parking spaces for the site.

e. Page 14, Design Guidelines: Add following items into a Water
Conservation section.

• Only landscape materials listed in the Phoenix Active
Management Area Low-Water-Use/Drought Tolerant Plan list
shall be utilized, as approved or modified by the Planning and
Development Department.
• Natural turf shall only be utilized for required retention areas
(bottom of basin) and functional turf areas within common areas,
as approved by the Planning and Development Department.
• Landscaping shall be maintained by permanent and
automatic/water, efficient WaterSense labeled irrigation
controllers (or similar smart controllers) to minimize maintenance
and irrigation water consumption for all on and offsite landscape
irrigation.
• Pressure regulating sprinklers heads and/or drip irrigation lines
shall be utilized in any turf areas to reduce water waste.

f. Tab B: Conceptual Site Plan Exhibit: Delete on-street parking. As noted
in 1.d. the on-street parking is for public use only and does not count




toward the required parking.

g. Page 13, E. Design Guidelines, E.1 Design Guidelines, A. Exterior
Materials, add the following language:

8. Balcony railings for each unit shall provide screening for residential
privacy and conform to the building’s materials, treatments, and
articulation.

2. Right-of-way shall be retained and the bus stop pad shall be reconstructed on
eastbound McDowell Road. The bus stop pad shall be constructed according to
minimum length of 40 feet. The bus stop pad shall be spaced from 40th Street
according to City of Phoenix Standard Detail P1258. Trees shall be placed to
provide a minimum 50% shade coverage to the bus stop pad.

3. A minimum of 50 feet of right-of-way shall be dedicated and constructed for the
southern half of McDowell Road, as approved by the Planning and Development
Department.

4. The developer shall submit a Traffic Impact Study for this development, no
preliminary approval of plans shall be granted until the study has been reviewed
and approved by the City. The developer shall be responsible for any
dedications, funding and construction of all recommendations in the study.

5. Unused driveways shall be replaced with sidewalk, curb and gutter. Also, any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets shall
be replaced and all off-site improvements shall be upgraded to be in compliance
with current ADA guidelines.

6. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

7. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been reviewed
and approved by the City Attorney.

8. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.




9. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.

10. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

11. Prior to final site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning
application file for record.

SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of January,

2025.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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




By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (1 Pages)
B – Ordinance Location Map (1 Page)




EXHIBIT A

LEGAL DESCRIPTION FOR Z-22-24-8

WITHIN A PORTION OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TRACT K, ENSIGN TRACT, ACCORDING TO THE PLAT OF RECORD IN THE
OFFICE OF THE MARICOPA COUNTY RECORDER IN BOOK 15 OF MAPS, PAGE
30,

EXCEPT THAT PORTION OF 40TH STREET CONVEYED TO THE CITY OF
PHOENIX AND MORE FULLY DESCRIBED IN DEED RECORDED IN DOCKET 3574,
PAGE 21.

AND

EXCEPT ANY PORTION LYING WITHIN PROPERTY DESCRIBED IN STATE
PATENT, RECORDED AS 2017-625411 AND LYING WITHIN THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 6 TOWNSHIP, 1 NORTH
RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA

AND

EXCEPT 1/16TH INTEREST RESERVED TO THE STATE OF ARIZONA IN ALL OIL,
GAS, HYDROCARBON SUBSTANCES, COAL, STONE, METALS, MINERALS,
FOSSILS AND FERTILIZER OF EVERY NAME AND DESCRIPTION AND ALL
MATERIALS WHICH MAY BE ESSENTIAL TO PRODUCTION OF FISSIONABLE
MATERIALS AS SET FORTH IN ARS 37.231.







Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-131-24-8 -
Northeast Corner of 18th Street and Villa Street (Ordinance G-7345) - District 8

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
WU Code T4:3 EG (Walkable Urban Code, Transect 4:3 District, Transit Eastlake-
Garfield Character Area) to WU Code T5:5 EG (Walkable Urban Code, Transect 5:5
District, Transit Eastlake-Garfield Character Area) to allow community commercial
uses.

Summary
Current Zoning: WU Code T4:3 EG
Proposed Zoning: WU Code T5:5 EG
Acreage: 1.57
Proposal: Community commercial uses

Owner: City of Phoenix, Housing Department
Applicant: City of Phoenix, Planning Commission
Representative: Manjula Vaz, Gammage & Burnham, P.L.C.

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Central City Village Planning Committee heard this item on
November 18, 2024, and recommended approval, per the staff recommendation, by a
vote of 9-0.
PC Action: The Planning Commission heard this item on December 5, 2024, and
recommended approval, per the Central City Village Planning Committee
recommendation, by a vote of 8-0.

Location
Northeast corner of 18th Street and Villa Street
Council District: 8
Parcel Address: 705 and 713 N. 18th Street, 1810 E. Villa Street, and 1805 E.
McKinley Street





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





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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-131-24-8) FROM WU CODE T4:3 EG
(WALKABLE URBAN CODE, TRANSECT 4:3 DISTRICT,
TRANSIT EASTLAKE-GARFIELD CHARACTER AREA) TO WU
CODE T5:5 EG (WALKABLE URBAN CODE, TRANSECT 5:5
DISTRICT, TRANSIT EASTLAKE-GARFIELD CHARACTER
AREA).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 1.57-acre site located at the northeast corner

of 18th Street and Villa Street in a portion of Section 3, Township 1 North, Range 3

East, as described more specifically in Exhibit “A,” is hereby changed from “WU Code

T4:3 EG” (Walkable Urban Code, Transect 4:3 District, Transit Eastlake-Garfield

Character Area) to “WU Code T5:5 EG” (Walkable Urban Code, Transect 5:5 District,

Transit Eastlake-Garfield Character Area).




SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B.”

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,

violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. A minimum 30 feet of right-of-way shall be dedicated and constructed for the
east side of 18th Street.

2. A minimum 30 feet of right-of-way shall be dedicated and constructed for the
south side of McKinley Street.

3. A minimum 5-foot-wide detached sidewalk separated by a minimum 5-foot-
wide landscape area shall be constructed on the east side of 18th Street and
the north side of Villa Street adjacent to the development, or as otherwise
approved by the Street Transportation Department.

4. Replace unused driveways with sidewalk, curb, and gutter. Also, replace any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and
upgrade all off-site improvements to be in compliance with current ADA
guidelines.

5. All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

6. If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.

7. If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.




8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

9. Prior to final site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning
application file for record. This stipulation shall not be applicable if the property
is owned by the City of Phoenix.


SECTION 4. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of January,

2025.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________




REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




EXHIBIT A

LEGAL DESCRIPTION FOR Z-131-24-8

A parcel of land located within a portion of the southwest quarter of Section 3,
Township 1 North, Range 3 East, of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the West Quarter Corner of Section 3, Township 1 North, Range 3
East, of the Gila and Salt River Base and Meridian;
Thence South 89 degrees 28 minutes 23 seconds East, a distance of 1316.65 feet, along
the North line of the southwest quarter of said Section 3 and the centerline of Roosevelt
Street, to the intersection with the centerline of 18th street;
Thence leaving said North line and said centerline of Roosevelt Street, South 00
degrees 15 minutes 40 seconds West, along said centerline of 18th street, a distance
of 983.16 feet, to a point;
Thence South 89 degrees 44 minutes 20 seconds East, a distance of 26.00 feet, to a
point on the East right-of-way line of said 18th Street and the Point of Beginning;
Thence North 00°15'40" East, A distance of 288.31 feet, along said East right-of-way line
of 18th Street, to a point;
Thence North 45°23'18" East A distance of 9.88 feet, to a point on the South right-of-way
line of McKinley Street;
Thence South 89°29'04" East, A distance of 150.00 feet, along said South right-of-way
line of McKinley Street, to a point being 183.00 feet East of the centerline of said 18th
Street when measured at a right angle to said centerline.
Thence South 00°15'40" West, A distance of 272.37 feet. parallel with said centerline
of 18th street, to a point on the North right-of-way line of Villa Street;
Thence along said North right-of-way line of Villa Street, South 70°53'38" West, A
distance of 119.59 feet, to a point;
Thence continuing along said North right-of-way line of Villa Street, North 19°06'22"
West, A distance of 7.50 feet, to a point;
Thence continuing along said North right-of-way line of Villa Street, South 70°53'38"
West, A distance of 19.19 feet, to a point:

Thence continuing along said North right-of-way line of Villa Street North 54°25'21"
West, A distance of 28.90 feet, to the Point of Beginning.

Containing 46,489 square feet, more or less.







Report

Modification of Stipulation Request for Ratification of November 20, 2024,
Planning Hearing Officer Action - PHO-2-24--Z-120-03-7(8) - Approximately 315
Feet West of the Northwest Corner of 51st Avenue and Dobbins Road - District 8

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 November 20, 2024. This ratification requires
formal action only.

Summary
Application: PHO-2-24--Z-120-03-7(8)
Existing Zoning: S-1 (Approved C-1)
Acreage: 1.14

Owner: Pacific Western Holdings, LLC
Applicant: Rutuja Dhuru, CVP - Dobbins SB, LLC
Representative: Rutuja Dhuru, CVP - Dobbins SB, LLC

Proposal:
Request to modify Stipulation 1 regarding general conformance to the site plan and
elevations date stamped February 3, 2004.

VPC Action: The Laveen Village Planning Committee reviewed the request on October
21, 2024, and recommended approval with an additional stipulation, by a vote of 6-3.
PHO Action: The Planning Hearing Officer recommended approval with a modification.

Location
Approximately 315 feet west of the northwest corner of 51st Avenue and Dobbins
Road
Council District: 8
Parcel Address: 9170 S. 51st Avenue

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


ATTACHMENT A
Stipulations – PHO-2-24—Z-120-03-7(8)

Location: Approximately 315 feet west of the northwest corner of 51st
Avenue and Dobbins Road

STIPULATIONS:

COMMERCIAL

1. That THE development shall be in general conformance to the site plan
and Building Concept “A” elevation date stamped AUGUST 30, 2024,
February 3, 2004, with a maximum of 61 residential lots which should not
be smaller than shown on the site plan AND ELEVATIONS DATE
STAMPED NOVEMBER 20, 2024 as approved or modified by the
PLANNING AND Development Services Department. (DSD). The C-1
development shall not exceed A 0.175 lot coverage. There shall be one
commercial entrance from Dobbins Road.

2. That An enhanced landscape feature shall be provided at the intersection
of 51st Avenue and Dobbins Road as approved or modified by DSD. This
enhanced landscape feature is intended to emphasize Laveen’s
agricultural character and heritage with regard to plant type (trees, shrubs,
groundcover, annuals, etc.) selection, placement (large, tightly planted
street trees) and color Appropriate selections include.

A. Trees: pecan, Arizona ash, evergreen elm, heritage live oak,
sycamore, or other similar trees.

B Shrubs: myrtle (true, dwarf or twisted) pomegranate, or other similar
shrubs.

C. Accents: deer grass, wild sunflowers.

D. Vines: white Lady Ban

RESIDENTIAL

3. That The site plan design shall incorporate a landscape entry at the main
entrance of 51st Avenue into the subdivision (see page 28 of the Laveen
Plan for example) as approved or modified by DSD.

4. That A 9-foot-wide landscaped area containing a minimum of 1 ½ inch
caliper shade tree and five shrubs shall be provided an average of 20-feet
on center along the street side of each corner lot. The home builder shall
be responsible for installation and the homeowner association shall be




responsible for maintenance of the common landscaped area.

STREETS

5. That The following rights-of-way shall be provided:

A. That right-of-way totaling 55 feet shall be dedicated for the north half
of Dobbins Road, as approved or modified by DSD.

B. That right-of-way totaling 55-feet shall be dedicated for the west half
of 51st Avenue, as approved or modified by DSD.

C. That a 21-foot by 21-foot right-of-way triangle shall be dedicated at
the northwest corner of 51st Avenue and Dobbins Road.

6. That The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals as per plan approved
by DSD. All improvements shall comply with all ADA accessibility
standards.

7. That The applicant shall complete and submit the Developer Project
Information Form for the MAG Transportation Improvement Program to the
Street Transportation Department. This form is a requirement of the EPA
to meet clean air quality requirements.

SCENIC CORRIDOR

8. That THE development shall comply with the Dobbins Road Development
Standards (“A Sense of Place on Dobbins Road: Design Criteria for
Enhancement of Roadway Improvements in a Rural Setting”) as approved
or modified by the Development Services Department (DSD).

TRANSIT

9. That THE right-of-way shall be dedicated, and transit pad constructed
(Detail P-1257 and P-1261) westbound on Dobbins Road west of 51st
Avenue, as approved by the Public Transit Department.

TRAILS

10. That A multi-use trail shall be provided along 51st Avenue and Dobbins
Road in accordance with the city of Phoenix standard trail detail as
approved by the Parks and Recreation Department.

New Stipulations from the Village Committee:




11. That All perimeter fencing for residential and commercial, and monument
signage shall be of a consistent architectural theme. Commercial and
residential entry design concepts shall incorporate materials such as stone
and/or rock, as approved by the Development Services Department.

12. All signs will be designed pursuant to the Comprehensive Sign Plan that
the applicant shall prepare for the property.

13. That All commercial elevations and any shade structures shall have the
same type of architectural treatment, including color, texture, and
materials, as approved by the Development Services Department.

14. That The electrical and services boxes mounted on commercial buildings
shall be painted to match the building and/or screened from view.

Residential Portion

15. That The residential perimeter fencing along Dobbins Road shall be a
meandering fence.

16. That Multi-story houses will not be built on any lot adjacent to the
subdivision to the north, abutting Dobbins Road or 51st Avenue as
indicated on the site plan dated February 3, 2004, by a red star.

17. Wrap around architectural details and materials will be used on all sides of
houses on corner lots and lots visible from 51st Avenue and Dobbins
Road.

18. All houses abutting Dobbins Road shall have a minimum side setback
from adjacent side residential lot lines of 25 feet.

SRP Lateral

19. If approved by SRP and Development Services Department, that the open
SRP lateral SHALL remain along Dobbins Road, as endorsed by the
community, to preserve the rural character of Laveen.

AGREEMENT BETWEEN DEVELOPER AND VILLAGE PLANNING
COMMITTEE

A. As an agreement with the community, that concurrently with or prior
to submittal to the City, the developer shall submit copies of a
comprehensive sign package, elevations, final site plan, and
landscape plan to the Laveen Village Planning Committee and
Laveen Citizens for Responsible Development for review and




comment.

B. That The residential elevations should come back to the village and
community for review and input.







Report

Public Hearing and Resolution Adoption - General Plan Amendment GPA-MV-1-
24-7 - Southwest Corner of 69th Avenue and Thomas Road (Resolution 22272) -
District 7

Request to hold a public hearing on a General Plan Amendment for the following item
to consider the Planning Commission's recommendation and the related resolution if
approved. Request to amend the General Plan Land Use Map designation on 10.75
acres from Residential 3.5 to 5 dwelling units per acre to Residential 15+ dwelling units
per acre. This is a companion case to Z-53-24-7 and should be heard first, followed by
Z-53-24-7.

Summary
Application: GPA-MV-1-24-7
Current Designation: Residential 3.5 to 5 dwelling units per acre
Requested Designation: Residential 15+ dwelling units per acre
Acreage: 10.75
Proposed Use: Minor General Plan Amendment to allow multifamily residential.

Owner: Leslie Tennen
Applicant: The NRP Group, LLC
Representative: Benjamin Tate, Withey Morris Baugh, P.L.C.

Staff Recommendation: Approval.
VPC Action: The Maryvale Village Planning Committee heard this item on November
13, 2024, and recommended approval, per the staff recommendation, by a vote of 11-
0.
PC Action: The Planning Commission heard this item on December 5, 2024, and
recommended approval, per the Maryvale Village Planning Committee
recommendation, by a vote of 8-0.

Location
Southwest corner of 69th Avenue and Thomas Road
Council District: 7
Parcel Address: 6903 and 6939 W. Thomas Road




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





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




RESOLUTION


A RESOLUTION ADOPTING AN AMENDMENT TO THE 2025
GENERAL PLAN FOR PHOENIX, APPLICATION GPA-MV-1-24-7,
CHANGING THE LAND USE CLASSIFICATION FOR THE
PARCEL DESCRIBED HEREIN.

____________


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

follows:

SECTION 1. The 2025 Phoenix General Plan, which was adopted by

Resolution 22191, is hereby amended by adopting GPA-MV-1-24-7. The 10.75 acres

of property located at the southwest corner of 69th Avenue and Thomas Road is

designated as Residential 15+ dwelling units per acre.

SECTON 2. The Planning and Development Director is instructed to

modify the 2025 Phoenix General Plan to reflect this land use classification change as

shown below:




PASSED by the Council of the City of Phoenix this 15th day of January 2025.



MAYOR




ATTEST:


____________________________
Denise Archibald, City Clerk




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



By:___________________________
___________________________



REVIEWED BY:


______________________________
Jeffrey Barton, City Manager




ATTACHMENT B




GENERAL PLAN AMENDMENT
STAFF ANALYSIS
October 30, 2024

Application: GPA-MV-1-24-7
Owner: Leslie Tennen
Applicant: The NRP Group, LLC
Representative: Benjamin Tate, Withey Morris Baugh, PLC
Location: Southwest corner of 69th Avenue and Thomas
Road
Acreage: 10.75 acres
Current Plan Designation: Residential 3.5 to 5 dwelling units per acre
Requested Plan Designation: Residential 15+ dwelling units per acre
Reason for Requested Change: Minor General Plan Amendment to allow
multifamily residential
Maryvale Village Planning Committee November 13, 2024
Meeting Date:
Staff Recommendation: Approval

FINDINGS:

1) The proposed land use map designation provides for housing near the
Maryvale Village Core and along Thomas Road which is a high-ridership bus
route.

2) The proposal will develop an underutilized property and provide a high quality
multifamily residential development which will help alleviate the housing
shortage in Phoenix.

3) The companion rezoning case, Z-53-24-7, provides enhanced setbacks and
landscape areas to be sensitive to the surrounding single-family residences.

BACKGROUND

The subject site is 10.75 gross acres located at the southwest corner of 69th Avenue
and Thomas Road. The site currently contains a single-family residence and a large
amount of trees.




Staff Analysis
GPA-MV-1-24-7


This request proposes a minor amendment to the General Plan Land Use Map to
allow multifamily residential units. The proposal will modify the land use map
designation from Residential 3.5 to 5 dwelling units per acre to Residential 15+
dwelling units per acre.




General Plan Land Use Map Designation
Source: Planning and Development Department




Staff Analysis
GPA-MV-1-24-7


The companion rezoning case Z-53-24-7
is requesting to rezone the 10.75-acre
site from 2.05 acres of S-1 (Ranch or
Farm Residence) and 8.70 acres of R1-6
(Single-Family Residence District) to R-4
(Multifamily Residence District). The
existing zoning is depicted on the
adjacent figure.




Aerial Zoning Map
Source: Planning and Development Department
SURROUNDING LAND USES

NORTH (across Thomas Road)
A single-family residential development is located north of the subject site, across
Thomas Road, and is designated Residential 3.5 to 5 dwelling units per acre

EAST (across 69th Avenue)
East of the subject site, across the 69th Avenue, is a single-family residential
development designated Residential 3.5 to 5 dwelling units per acre.

SOUTH And WEST
Located south and west of the subject site is a single-family residential development
designated Residential 3.5 to 5 dwelling units per acre.

RELATIONSHIP TO GENERAL PLAN CORE VALUES AND PRINCIPLES

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS

• DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Include a mix of
housing types and densities where appropriate within each village that
support a broad range of lifestyles.

The request facilitates additional housing opportunities in the Village that will
help alleviate the housing crisis.

CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS

• DIVERSE NEIGHBORHOODS; LAND USE PRINCIPLE: Communities
should consist of a mix of land uses to provide housing, shopping,
dinning and recreational options for residents.



Staff Analysis
GPA-MV-1-24-7



The proposed General Plan Land Use Map designation will allow for higher
density residential, diversifying the housing stock in the area and allow for
additional housing near the Maryvale Village Core and in close proximity to the
Desert West Park and Community Center which provide many recreational
opportunities.

BUILD THE SUSTAINABLE DESERT CITY

• DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.

The proposal, as stipulated in the companion rezoning case Z-53-24-7,
includes enhanced landscaping which shall be planted within the landscape
strips of detached sidewalks. This will create a comfortable pedestrian
environment along Thomas Road and 69th Avenue by reducing the heat island
effect and making the walk to nearby destinations safer and more comfortable.

As of the writing of this staff report, staff has received one letter of opposition.

CONCLUSION AND RECOMMENDATION

Staff recommends approval of GPA-MV-1-24-7. The request aligns with the goals and
policies of the General Plan and will result in a land use designation that will maximize
the property’s location close to the Maryvale Village Core, community center and park,
and a high ridership bus route. Along with the companion rezoning case, Z-53-24-7,
the General Plan Amendment will allow for enhanced landscaping and detached
sidewalks to make the environment more pedestrian friendly.

Writer
Matteo Moric
October 30, 2024

Team Leader
Racelle Escolar

Exhibits
Sketch Maps (2 pages)
Correspondence (1 page)




GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-MV-1-24-7 ACRES: 10.75 +/- REVISION DATE:
VILLAGE: Maryvale COUNCIL DISTRICT: 7
APPLICANT: Withey Morris Baugh, PLC
EXISTING:
Residential 3.5 to 5 du/ac ( 10.75 +/- Acres)


Proposed Change Area N 69TH AVE
DE L
VER
Residential 3.5 to 5 du/ac
THOMAS RD
Commercial




70TH AVE

WINDSOR AVE

69TH DR
CAMBRIDGE AVE


VIRGINIA AVE

PROPOSED CHANGE:
Residential 15+ du/ac ( 10.75 +/- Acres)

69TH AVE
Proposed Change Area E LN
VERD
Residential 15+ du/ac THOMAS RD




70TH AVE

WINDSOR AVE

69TH DR
CAMBRIDGE AVE


VIRGINIA AVE
GENERAL PLAN AMENDMENT
CITY OF PHOENIX X PLANNING & DEVELOPMENT DEPARTMENT X 200 W WASHINGTON ST X PHOENIX, AZ X 85003X (602) 262-6882
APPLICATION NO: GPA-MV-1-24-7 ACRES: 10.75 +/- REVISION DATE:
VILLAGE: Maryvale COUNCIL DISTRICT: 7
APPLICANT: Withey Morris Baugh, PLC
EXISTING:
Residential 3.5 to 5 du/ac ( 10.75 +/- Acres)


Proposed Change Area N 69TH AVE
DE L
VER
Residential 3.5 to 5 du/ac
THOMAS RD
Commercial




70TH AVE

WINDSOR AVE

69TH DR
CAMBRIDGE AVE


VIRGINIA AVE

PROPOSED CHANGE:
Residential 15+ du/ac ( 10.75 +/- Acres)

69TH AVE
Proposed Change Area E LN
VERD
Residential 15+ du/ac THOMAS RD




70TH AVE

WINDSOR AVE

69TH DR
CAMBRIDGE AVE


VIRGINIA AVE
From: Efrain Betancourt Jr
To: Matteo Moric
Subject: Rezoning z-53-24 & GPA-MV-1-24
Date: Wednesday, September 25, 2024 4:16:42 PM




CAUTION: This email originated outside of the City of Phoenix.
Do not click links or open attachments unless you know the sender and were
expecting this email.

Report Suspicious   ‌


Hello

I received this rezoning notice.

My name is efrain betancourt. I own a property nearby.

Im opposed to this rezoning. How can I vote on this or what do i need to do so it doesnt
go through?

thanks
Efrain jr 623-693-8719




ATTACHMENT C




Village Planning Committee Meeting Summary
GPA-MV-1-24-7

Date of VPC Meeting November 13, 2024
Request From Residential 3.5 to 5 dwelling units per acre
Request To Residential 15+ dwelling units per acre
Proposal Minor General Plan Amendment to allow multifamily
residential
Location Southwest corner of 69th Avenue and Thomas Road
VPC Recommendation Approval, per the staff recommendation
VPC Vote 11-0

Item No. 4 (GPA-MV-1-24-7) and Item No. 5 (Z-53-24-7) are companion cases and
were heard together.

5 members of the public registered to speak on this item.

3 members of the public registered to speak on this item, in support.
2 members of the public registered to speak on this item, in opposition.

Staff Presentation:

Matteo Moric, staff, presented an overview of the general plan amendment and
companion rezoning case. Mr. Moric identified the size and location of the site, the
requested General Plan Land Use Map and zoning designations, the surrounding uses
and zoning, and the proposal. Mr. Moric explained the site was the property with the
densely populated trees at the southwest corner of 69th Avenue and Thomas Road. Mr.
Moric then noted there was one correspondence in opposition received on this item. Mr.
Moric summarized the staff findings of each case and provided the staff
recommendations and identified the staff recommended stipulations.

Applicant Presentation:

Benjamin Tate, with the law firm of Withey Morris Baugh, PLC, represented the
applicant, The NRP Group. Mr. Tate indicated the site is a little over 10 acres requiring
the general plan amendment. Mr. Tate noted the S-1 zoning is the portion of the site
where the farmstead is located, and the undisturbed areas of the property were zoned
R1-6. Mr. Tate stated the farmstead residence was built around 1915, and the Historic
Preservation Office felt it did not have historical value that needed to be preserved. Mr.
Tate displayed aerial photos of property and highlighted how residential subdivisions

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 241
Maryvale Village Planning Committee
Meeting Summary
GPA-MV-1-24-7

surrounding the property were mainly built in the 1970’s and 80’s. Mr. Tate explained
the history of the mesquite trees and said there were over 2,000 of them. Mr. Tate
explained that many of the mesquite trees would need to be salvaged, and noted
typically with trees they would reuse them onsite, but with so many they are working
with the City of Phoenix to get direction on what to do with them.

Mr. Tate emphasized that the current condition of 69th Avenue is one lane and
dangerous, because it is narrow. Mr. Tate added that with this project they would build
another lane to include improvements such as a 25-foot-wide half street, curb, gutter,
sidewalk, and landscaping. Mr. Tate said the site is challenged because an odd shape
and everything other than multifamily development would be difficult to land plan
around. Mr. Tate said they are proposing a 288-unit garden style multifamily project. Mr.
Tate said they were limiting the development to 3-stories and indicated there would be a
landscape tract with private yards on the south side. Mr. Tate added they limited the
building sizes and would be stipulated to plant mature evergreen trees to add a green
screen and buffer properties to the south and west.

Mr. Tate noted that there was a proposed secondary access but that could only be used
by the fire and police for emergency services. Mr. Tate said they would install a
detached sidewalk and shade trees and provided a rendering of more modern style
architecture. Mr. Tate stated the development company does quality work and
described the many amenities within and outside of the proposed units.

Mr. Tate added the City is working on creating a redevelopment zone in the area which
would allow the City to approve a Government Lease Excise Tax (GPLET). Mr. Tate
stated this would allow the City to purchase the property and lease back the property as
a ground lease to The NRP Group and give them a break on property taxes. Mr. Tate
added there could be a development agreement to allow a significant rent reduction
which would allow half the units to be offered as affordable of 80% or less of the Area
Median Income (AMI).

Mr. Tate stated there were many violations on the property over the years since it did
not develop. Mr. Tate said this is quality multifamily housing project in an area that has
not seen development for a long time. Mr. Tate emphasized they oriented the buildings
to not be intrusive and considered the neighbors privacy.

Questions from Committee/Applicant Response:

Patricia Jimenez asked about the house on the property. Mr. Tate explained the owner
lives in the house and he is the one wanting to sell it.

Ken DuBose questioned the amount of public outreach that had taken place in the
community. Mr. Tate identified as part of process a neighborhood meeting and mailing
notices were sent out to property owners within 600 feet and neighborhood associations
within one mile.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 242
Maryvale Village Planning Committee
Meeting Summary
GPA-MV-1-24-7

Joe Barba asked about the letter of opposition. Mr. Tate noted it was in the back of the
staff report and no specific concerns were raised about the project other than the
person was in opposition and wanted to know what they would need to do so it does not
pass. Mr. Barba asked about the neighbors’ concerns at the neighborhood meeting. Mr.
Tate stated the neighbors’ concerns were traffic and the desire to limit access with cars
into neighborhood and building height. Mr. Tate also stated they designed the site so
the orientation of the buildings would be less intrusive to the surrounding neighborhood,
and they limited access on 69th Avenue which would reduce the amount of cut-through
traffic.

Chris Demarest asked about the number of parking spots. Mr. Tate said there were
432 proposed parking spaces.

Jennifer Fostino had concerns with the material changes of the buildings and felt it
was needed to be high-end. Mr. Tate said there would be material and architectural
changes to create visual interests. Jennifer Fostino asked about the width of landscape
required by the City between multifamily and single-family residential. Mr. Moric
responded there is a required 5-foot landscape setback in those situations, but the
building setback is required to be greater. Jennifer Fostino clarified where she wanted to
see more landscape buffers.

Meli Acevedo wanted to get clarity on the sale of the property to the City of Phoenix.
Mr. Tate and Austin Kates, with The NRP Group, clarified the process to take
advantage of a GPLET. Ms. Acevedo also had concerns about the trees which provided
shade and she wanted to see if there was an ability for residents to re-purpose shade
trees since she felt they were badly needed in the area. Mr. Tate explained they wanted
to keep as many for their own project and salvage the remaining trees.

Joe Barba wanted to make the trees available to Maryvale residents.

Cindy Alonzo wanted to know what the rates of rent would be for the project.

Chair Derie wanted to see if he understood the proposal correctly and described it as a
private property owner who wished to sell the land so 288 units could be built on it. Mr.
Tate explained if the GPLET would not be involved the applicant would still move
forward with the project, but qualified people would not be able to benefit because of the
reduced rent rate. Chair Derie expressed he thought the applicant was trying to be a
good neighbor to allow the units to be at a more affordable rate. Mr. Tate emphasized
the importance of establishing a redevelopment area in this part of the city and to be
able to utilize the GPLET.

Warren Norgaard asked about the project’s timeline. Mr. Tate and Mr. Kates
described the timeline.

Meli Acevedo mentioned she saw on The NRP website that they develop and manage
properties. Mr. Tate said the plan is to manage the property too. Ms. Acevedo asked if


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 243
Maryvale Village Planning Committee
Meeting Summary
GPA-MV-1-24-7

The NRP Group had developed other projects in Phoenix. Mr. Tate said they developed
properties in Phoenix in the past and would be doing more.

Chris Demarest asked of the likelihood of the development backing out. Mr. Tate
indicated that they were working so closely with the Economic Development
Department and with the GPLET a development agreement would be needed,
identifying a timeline.

Mr. Demarest also had a question about the access to 69th Avenue. Mr. Tate said the
only people who would have access to open the gate would be the property
management, fire and police departments.

Mr. Barba loved the fact they were keeping some of the landscaping and would love to
see an approach to see if can offer trees to residents. Mr. Tate said they were working
with upper management for guidance on this.

Lupita Galaviz felt this project would be good for Phoenix and the community.

Chair Derie asked about the bus pad. Mr. Tate described the location of the bus pad
and how it would have direct access for people living at the project.

Public Comments:

Teresa Vazquez noted she was a neighbor of the property and indicated she was
happy they would widen the road. Ms. Vazquez expressed concerns with problems of
scorpions and snakes and was concerned what will happen with them when the
development commences. Mr. Tate said they could do some level of pest control before
the landscape and salvage takes place. Ms. Vazquez recommended approval of the
project.

Angel Colin, neighbor, said all his questions were answered.

Valeria, neighbor, shared concerns with the proposed building height and privacy.
Mr. Tate said the front doors of the units would face inward on the property and there
would be no balconies. Valeria also asked about access from 69th Avenue. Mr. Tate
said it would only be used for emergency purposes.

Floor/Public Discussion Closed: Committee Discussion and Vote:

Motion:
Joe Barba motioned to recommend approval of GPA-MV-1-24-7, per the staff
recommendation. Al DePascal seconded the motion.

Ken Dubose asked about stipulations for the case. Chair Derie explained the
stipulations would be for the zoning case.

Vote:

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 244
Maryvale Village Planning Committee
Meeting Summary
GPA-MV-1-24-7

11-0, Motion to recommend approval of GPA-MV-1-24-7, per the staff recommendation
passed with Committee Members Acevedo, Alonzo, Barba, Demarest, DePascal,
DuBose, Fostino, Galaviz, Norgaard, Jimenez and Derie in favor.

STAFF COMMENTS REGARDING VPC RECOMMENDATION:

No comment.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882 245
ATTACHMENT D

REPORT OF PLANNING COMMISSION ACTION
December 5, 2024

ITEM NO: 2
DISTRICT NO.: 7
SUBJECT:

Application #: GPA-MV-1-24-7 (Companion Case Z-53-24-7)
Request: Minor General Plan Amendment to allow multifamily residential
Location: Southwest corner of 69th Avenue and Thomas Road
From: Residential 3.5 to 5 dwelling units per acre
To: Residential 15+ dwelling units per acre
Acreage: 10.75
Applicant: The NRP Group
Owner: Leslie Tennen
Representative: Benjamin Tate, Withey Morris Baugh, PLC

ACTIONS:

Staff Recommendation: Approval.

Village Planning Committee (VPC) Recommendation:
Maryvale 11/13/2024 Approval, per the staff recommendation. Vote: 11-0.

Planning Commission Recommendation: Approval, per the Maryvale Village Planning
Committee recommendation.

Motion Discussion: N/A

Motion details: Commissioner Matthews made a MOTION to approve GPA-MV-1-24-7, per the
Maryvale Village Planning Committee recommendation.

Maker: Matthews
Second: Boyd
Vote: 8-0
Absent: Gorraiz
Opposition Present: No

Findings:

1. The proposed land use map designation provides for housing near the Maryvale Village
Core and along Thomas Road which is a high-ridership bus route.

2. The proposal will develop an underutilized property and provide a high quality
multifamily residential development which will help alleviate the housing shortage in
Phoenix.

3. The companion rezoning case, Z-53-24-7, provides enhanced setbacks and landscape
areas to be sensitive to the surrounding single-family residences.

This publication can be made available in alternate format upon request. Please contact Teleia
Galaviz at 602-291-2559, teleia.galaviz@phoenix.gov, TTY: Use 7-1-1.





Report