For Approval or Correction, the Minutes of the Formal Meeting on Sept. 16, 2020

Summary
This item transmits the minutes of the Formal Meeting of Sept. 16, 2020, for review,
correction and/or approval by the City Council.

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

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




Page 13



Report

to Boards and Commissions

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

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




Page 14
ATTACHMENT A




To: City Council Date: October 12, 2022
From: Mayor Kate Gallego

Subject: REVISED* FOR ADD-ON BOARDS AND COMMISSIONS – APPOINTEES

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

Alhambra Village Planning Committee

Councilwoman Betty Guardado recommends the following for appointment:

Crystal Carrillo
Ms. Carrillo is a Community Development Specialist with Southwest Human
Development and a resident of District 1. She fills a vacancy for a term to expire
November 19, 2023.

Estrella Village Planning Committee

Councilwoman Yassamin Ansari recommends the following for appointment:

Tino Hernandez
Mr. Hernandez is a Project Manager at Willmeng Construction and a resident of District
7. He fills a vacancy for a term to expire November 19, 2023.

*Paradise Valley Village Planning Committee

Councilman Jim Waring recommends the following for appointment:

Karen DeMoss
Ms. DeMoss is a retired nurse and resident of District 2. She fills a vacancy for a term to
expire November 19, 2023.




Page 15
Parks and Preserve Initiative Oversight Committee

I recommend the following for appointment:

Gary Kaasa
Mr. Kaasa is a member of the Riester Foundation and a resident of District 3. He
replaces Tom Chapman for a term to expire May 31, 2025.

Phoenix Arts and Culture Commission

I recommend the following for appointment:

Debra Larson
Ms. Larson is a Managing Client Partner at FranklinCovey and a resident of District 6.
She fills a vacancy for a term to expire September 30, 2025.

Dante Mitchell
Mr. Mitchell is an assistant at the State of Arizona Senate and a resident of District 4.
He fills a vacancy for a term to expire September 30, 2025.

Sophie O’Keefe-Zelman
Ms. O’Keefe-Zelman is the Director of OH Strategic Communications and a resident of
District 4. She fills a vacancy for a term to expire September 30, 2025.

I recommend the following for reappointment:

Sarah Epperson
Ms. Epperson is serving her second term to expire September 30, 2025.

Phoenix Parks and Recreation Board

I recommend the following for appointment:

Emma Viera
Ms. Viera is the Executive Director at Unlimited Potential and a resident of District 3.
She replaces Michael Lieb for a term to expire October 12, 2027.

Phoenix Youth and Education Commission

I recommend the following for appointment:




Page 16
Ariel Baber
Ms. Baber is a Program Training Liaison at Boys & Girls Clubs of the Valley. She fills a
vacancy for a term to expire August 30, 2025.

Eric Newberry
Mr. Newberry is a System Software Development Engineer at Intel Corporation. He fills
a vacancy for a term to expire August 30, 2025.

Kimberly Hanes
Ms. Hanes is the Maricopa County Regional Manager at the University of Arizona. She
fills a vacancy for a term to expire August 30, 2025.




Page 17



Report

Appointment of Municipal Court Judges

This item requests to appoint the following individuals as judges of the Phoenix
Municipal Court: Alexander Benezra and Heidi Gilbert to terms expiring on Jan. 17,
2026.

Summary
On Sept. 2, 2022, the Judicial Selection Advisory Board recommended six candidates
to be interviewed by the Public Safety and Justice Subcommittee.

On Sept. 14, 2022, after interviews and public comment, the Public Safety and Justice
Subcommittee unanimously recommended Alexander Benezra and Heidi Gilbert each
to be appointed as judges of the Phoenix Municipal Court.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the City Council
Office.




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Report

Liquor License - Infinity Nails & Spa

Request for a liquor license. Arizona State License Application 07070253.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 7 - Beer and Wine Bar

Location
830 E. Greenway Pkwy., Ste. 102
Zoning Classification: PSC
Council District: 3

This request is for an ownership and location transfer of a liquor license for a nail salon
and beer and wine bar. This location was not previously licensed for liquor sales and
does not have an interim permit. This location requires a Variance to allow a beer and
wine bar.

The 60-day limit for processing this application is Oct. 24, 2022.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 19

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.

Dong Que (Series 7 and Series 12)
7420 W. Cactus Road, #B9 & B10, Peoria
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 am currently an owner of a restaurant in Glendale that holds a license. I will continue
to abide by Arizona liquor laws.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I would like to offer my clients an adult beverage of their choice while relaxing and
enjoying their time at my salon.”

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

Attachments
Liquor License Data - Infinity Nails & Spa
Liquor License Map - Infinity Nails & Spa

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


Page 20
Liquor License Data: INFINITY NAILS & SPA
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 1

Beer and Wine Bar 7 4 1

Liquor Store 9 5 2

Beer and Wine Store 10 10 3

Restaurant 12 25 16



Crime Data

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


I Property Crimes 55.33 159.44 3.29
I
I Violent Crimes 10.50 27.20 2.44
I
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within½ mile radius


Property Violation Data

I Description Average 1/2 Mile Average


I Parcels wNiolations 50 29
I
I Total Violations 87 78
I




Page 21
Page 22
Liquor License Map: INFINITY NAILS & SPA
830 E GREENWAY PKWY




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Report

Liquor License - J's Drive Thru

Request for a liquor license. Arizona State License Application 204935.

Summary

Applicant
Mohamad Awad, Agent

License Type
Series 10 - Beer and Wine Store

Location
14875 N. Cave Creek Road
Zoning Classification: C-2
Council District: 3

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

The 60-day limit for processing this application is Oct. 16, 2022.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

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

Page 24

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I hold a certificate for 'The Basic Liquor Law Training'. This training provided me the
opportunity of learning the importance and significance of obtaining a beer and wine
license. I am assured to uphold the laws and regulations about beer and wine license.
I have never been involved in any city criminal activity, no record of getting in trouble
with law and authorities.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This store will provide safe and secure place for the neighborhood to buy beer and
wine. The location will be convenient for the people in neighborhood who may not
have access to transportation. Adding the long time experience of the owner with
running a store while upholding all the laws and regulations, the store will be safe,
secure and convenience place for the customers to purchase quality liquor.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - J's Drive Thru
Liquor License Map - J's Drive Thru

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




Page 25
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Page 28



Report

Liquor License - Level Up Spirits

Request for a liquor license. Arizona State License Application 201065.

Summary

Applicant
Lawrence Files, Agent

License Type
Series 18 - Craft Distiller

Location
15206 N. Cave Creek Road, Ste. 15258-60
Zoning Classification: C-2
Council District: 3

This request is for a new liquor license for a craft distiller. 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 Oct. 17, 2022.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

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


Page 29


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 founded and sold many businesses. I have always been insistant on both
compliance with the laws, but also operating within the spirit of the laws. Our proposed
operation is blending cocktails in 5 gal kegs for selling to Retail location - their is no
consuption on site.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Once established & operating we will look to hire employers to help in blending and
filling the kegs.”

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

Attachments
Liquor License Data - Level Up Spirits
Liquor License Map - Level Up Spirits

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




Page 30
Liquor License Data: LEVEL UP SPIRITS
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 2

Beer and Wine Bar 7 1 0

Liquor Store 9 2 1

Beer and Wine Store 10 5 5

Restaurant 12 5 2



Crime Data

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

Property Crimes 54.70 68.31 113.90

Violent Crimes 10.36 14.25 21.65

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



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 51 188

Total Violations 89 353




Page 31
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1033061 921 18 % 28 % 32 %

1033062 2272 17 % 22 % 37 %

1035011 1381 67 % 5% 23 %

1035012 999 80 % 8% 26 %

1036061 1067 84 % 15 % 13 %

1036062 854 90 % 13 % 4%

1036063 2174 78 % 13 % 25 %

1036071 1285 83 % 3% 18 %

1036074 1299 89 % 0% 3%

Average 61 % 13 % 19 %




Page 32
Liquor License Map: LEVEL UP SPIRITS
15206 N CAVE CREEK RD




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Report

Liquor License - Special Event - Xavier College Preparatory Roman Catholic
High School

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

Summary

Applicant
Maria Murphy-Fontes

Location
4710 N. 5th St.
Council District: 4

Function
Dinner

Date(s) - Time(s) / Expected Attendance
Nov. 5, 2022 - 5 p.m. to 11:55 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.




Page 34



Report

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

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

Summary

Applicant
Phillip Lester

Location
6351 N. 27th Ave.
Council District: 5

Function
Fall Festival

Date(s) - Time(s) / Expected Attendance
Oct. 23, 2022 - Noon to 7 p.m. / 450 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 35



Report

Liquor License - Special Event - Keystone Montessori Charter School, Inc.

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

Summary

Applicant
Melissa Risinger-Sutton

Location
1025 E. Liberty Lane
Council District: 6

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 12, 2022 - 3 p.m. to 9 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.




Page 36



Report

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

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

Summary

Applicant
Shannon de Villiers

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

Function
Theater Show

Date(s) - Time(s) / Expected Attendance
Nov. 18, 2022 - 6 p.m. to 10 p.m. / 450 attendees
Nov. 19, 2022 - Noon to 4 p.m. / 450 attendees
Nov. 20, 2022 - Noon to 4 p.m. / 450 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 37



Report

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

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

Summary

Applicant
Shannon de Villiers

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

Function
Ballet Performance

Date(s) - Time(s) / Expected Attendance
Dec. 3, 2022 - Noon to 9:30 p.m. / 700 attendees
Dec. 4, 2022 - Noon to 3:30 p.m. / 350 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 38



Report

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

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

Summary

Applicant
Shannon de Villiers

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

Function
Music Concert

Date(s) - Time(s) / Expected Attendance
Dec. 11, 2022 - 2 p.m. to 6 p.m. / 600 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 39



Report

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

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

Summary

Applicant
Shannon de Villiers

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

Function
Ballet Performance

Date(s) - Time(s) / Expected Attendance
Dec. 17, 2022 - Noon to 9:30 p.m. / 350 attendees
Dec. 18, 2022 - Noon to 3:30 p.m. / 350 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 40



Report

Liquor License - Special Event - St. Benedict Roman Catholic Parish Phoenix

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

Summary

Applicant
Mary Jane Livens

Location
16035 S. 48th St.
Council District: 6

Function
Parish Dinner

Date(s) - Time(s) / Expected Attendance
Nov. 17, 2022 - 5 p.m. to 10:30 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.




Page 41



Report

Liquor License - Special Event - St. Thomas The Apostle Roman Catholic Parish
- Phoenix

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

Summary

Applicant
Steven Kunkel

Location
2312 E. Campbell Ave.
Council District: 6

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 5, 2022 - 10 a.m. to 3 p.m. / 2,500 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.




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Report

Liquor License - Cocina Adamex

Request for a liquor license. Arizona State License Application 206098.

Summary

Applicant
Adriana Zapata, Agent

License Type
Series 12 - Restaurant

Location
416 N. 7th Ave.
Zoning Classification: DTC-Van Buren ABOD
Council District: 7

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

The 60-day limit for processing this application is Oct. 17, 2022.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

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

Page 43

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:
“My dedication to serve the community begins with working as purchasing agent for
public schools for 14 years. I am also a qualified general contractor in good standing
with the Registrar of Contractor. I understand the commitment to adhere to State and
local laws and ordinances, to ensure compliance and safety.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Downtown Phoenix is trasforming and with the addition of multi- family housing in the
area, the residents will benefit from a local place for socializing near their home. The
restaurant is of a family-friendly atmosphere and would be condusive a healthy
neighborhood establishment.”

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

Attachments
Liquor License Data - Cocina Adamex
Liquor License Map - Cocina Adamex

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




Page 44
Liquor License Data: COCINA ADAMEX
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 5 2

Government 5 6 0

Bar 6 43 8

Beer and Wine Bar 7 15 1

Liquor Store 9 4 0

Beer and Wine Store 10 10 5

Hotel 11 7 0

Restaurant 12 105 16

Club 14 1 1



Crime Data

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

Property Crimes 54.70 183.30 210.93

Violent Crimes 10.36 56.68 56.47

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



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 51 193

Total Violations 90 435




Page 45
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1129001 1670 70 % 4% 19 %

1129002 815 37 % 22 % 24 %

1129003 1372 4% 18 % 40 %

1129004 1325 47 % 24 % 52 %

1130001 1218 23 % 16 % 11 %

1131001 1015 7% 8% 28 %

1131002 1242 3% 7% 33 %

1141001 2299 16 % 37 % 44 %

1143011 1389 22 % 15 % 57 %

Average 61 % 13 % 19 %




Page 46
Liquor License Map: COCINA ADAMEX
416 N 7TH AVE




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Report

Liquor License - La Hefa Cerveceria Y Botanas

Request for a liquor license. Arizona State License Application 206674.

Summary

Applicant
Francisco Gaucin, Agent

License Type
Series 12 - Restaurant

Location
7710 W. Lower Buckeye Road, Ste. 107
Zoning Classification: A-1
Council District: 7

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

The 60-day limit for processing this application is Oct. 16, 2022.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 48

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.

Cash Nightclub & Lounge (Series 6)
1730 E. McDowell Road, Phoenix
Calls for police service: 6
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 completed both the basic and management training required in addition to
having the proper business management experience.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“As a local small business, the location will provide jobs."

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - La Hefa Cerveceria Y Botanas
Liquor License Map - La Hefa Cerveceria Y Botanas

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




Page 49
Liquor License Data: LA HEFA CERVECERIA Y BOTANAS
Liquor License

Description Series 1 Mile 1/2 Mile

Liquor Store 9 3 2

Beer and Wine Store 10 2 0

Restaurant 12 4 3



Crime Data

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

Property Crimes 54.70 77.70 141.40

Violent Crimes 10.36 10.50 12.52

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



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 51 1

Total Violations 90 1


Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1125101 3939 67 % 5% 4%

1125102 931 93 % 10 % 39 %

1125111 2081 76 % 7% 11 %

1125112 3036 75 % 12 % 13 %

Average 61 % 13 % 19 %




Page 50
Liquor License Map: LA HEFA CERVECERIA Y BOTANAS
7710 W LOWER BUCKEYE RD




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Report

Liquor License - Quartz Desert Tiki

Request for a liquor license. Arizona State License Application 06070061.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 6 - Bar

Location
345 W. Van Buren St., Ste. B
Zoning Classification: DTC-Van Buren HP
Council District: 7

This request is for an ownership transfer and location transfer of a liquor license for a
bar. This location was not previously licensed for liquor sales and does not have an
interim permit. This business has plans to open in December 2022.

The 60-day limit for processing this application is Oct. 17, 2022.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
applicant in the State of Arizona.

Page 52

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

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

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

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Quartz Desert Tiki will offer a variety of specialty cocktails inspired by deserts of the
world in a relaxed atmosphere. Applicant would like to offer alcoholic beverages to
guests 21 and over.”

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

Attachments
Liquor License Data - Quartz Desert Tiki
Liquor License Map - Quartz Desert Tiki

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




Page 53
Liquor License Data: QUARTZ DESERT TIKI
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 4 1

Wholesaler 4 1 0

Government 5 9 3

Bar 6 47 26

Beer and Wine Bar 7 14 7

Liquor Store 9 3 2

Beer and Wine Store 10 8 4

Hotel 11 7 3

Restaurant 12 99 37

Club 14 3 1


Crime Data

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

Property Crimes 54.70 186.14 254.98

Violent Crimes 10.36 58.46 77.70

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



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 51 96

Total Violations 90 225




Page 54
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1129002 815 37 % 22 % 24 %

1129003 1372 4% 18 % 40 %

1131001 1015 7% 8% 28 %

1131002 1242 3% 7% 33 %

1141001 2299 16 % 37 % 44 %

1142001 1321 36 % 22 % 50 %

1143011 1389 22 % 15 % 57 %

Average 61 % 13 % 19 %




Page 55
Liquor License Map: QUARTZ DESERT TIKI
345 W VAN BUREN ST




Ü
Date: 8/22/2022
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 56



Report

Liquor License - Special Event - Alwun House Foundation

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

Summary

Applicant
Dana Johnson

Location
1204 E. Roosevelt St.
Council District: 8

Function
Halloween Ball

Date(s) - Time(s) / Expected Attendance
Oct. 29, 2022 - 7 p.m. to 1 a.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.




Page 57



Report

Liquor License - Special Event - Horses Help Foundation

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

Summary

Applicant
Gregg Goodman

Location
113 N. 16th St.
Council District: 8

Function
Wine Tasting

Date(s) - Time(s) / Expected Attendance
Jan. 27, 2023 - 6 p.m. to 9 p.m. / 150 attendees
Jan. 28, 2023 - 11 a.m. to 7:30 p.m. / 2,250 attendees
Jan. 29, 2023 - 11 a.m. to 5:30 p.m. / 1,350 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 58



Report

Liquor License - Special Event - Rosie's House: A Music Academy for Children,
Inc.

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

Summary

Applicant
Kevin Gorman

Location
919 E. Jefferson St.
Council District: 8

Function
Dinner

Date(s) - Time(s) / Expected Attendance
Oct. 28, 2022 - 5 p.m. to 8 p.m. / 75 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 59



Report

Liquor License - Special Event - Valleywise Health Foundation

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

Summary

Applicant
Victoria Katz

Location
2601 E. Roosevelt St.
Council District: 8

Function
Reception

Date(s) - Time(s) / Expected Attendance
Nov. 1, 2022 - 5 p.m. to 8:30 p.m. / 100 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 60



Report

Bingo License - Knights of Columbus St Paul's Council 15001

Request for a Class B Bingo License.

Summary
State law requires City Council approval before a State Bingo License can be issued.

Bingo License Types
Class A - gross receipts shall not exceed $15,600 per year
Class B - gross receipts shall not exceed $300,000 per year
Class C - anticipated gross receipts may exceed $300,00 per year

Applicant
David La Plante

Location
330 W. Coral Gables Drive
Zoning Classification: S-1
Council District: 3

Staff Recommendation
Staff recommends approval of this application.

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




Page 61



PAYMENT ORDINANCE (Ordinance S-49036) (Items 24-31)
Ordinance S-49036 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code section 42-13.

24 Dibble & Associates Consulting Engineers, Inc doing
business as Dibble
For $14,111.76 in additional payment authority for Contract 153656 for
Change Order 01, for the AV41000074 Phoenix-Goodyear Airport
Drainage Improvements Project for the Aviation Department. Additional
spending authority is due to the unforeseen conditions requiring field
changes which extends the time to complete. As a result of the Contractor
encountering these significant changed site conditions, the construction
time will need to be extended which will also extend the Construction
Administration and Inspection services we require on the part of the
Engineer.

25 Fiesta Events Inc.
For $10,000.00 in payment authority for the Fiesta Bowl Sponsorship for
the Aviation Department. The Aviation Department has been a sponsor
and participant of the Fiesta Bowl Parade for more than two decades. The
sponsorship promotes Sky Harbor in the community as well as workforce
opportunities within the City of Phoenix system of airports.

26 Various Vendors for Social Media and Digital Services
For $50,000.00 in payment authority for various social media and digital
services vendors, including Facebook and Instagram, for advertising and

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promotional services for the Communications Office on behalf of other
City departments, except the Phoenix Police Department. The
Communications Office is responsible for monitoring, updating, and
creating content to be placed on social media platforms for City
departments. Social media platforms have proven to be an effective tool
for City messaging, including advertising and promoting City programs
and services.

27 Heritage Strategies International doing business as
PlaceEconomics
For $45,000.00 in payment authority to purchase Phase II of the
Preservation Phoenix Style Study for the Historic Preservation Office for
the Planning and Development Department. Phase I of this study, which
focused on the economic impact of historic preservation efforts in
Phoenix, was completed in October 2021. The report findings were
presented to and adopted by the Historic Preservation Commission
(HPC) and City Council. With the recommendation for further study from
the HPC on Feb. 14, 2022, Phase II of the Preservation Phoenix Style
Study would build upon the research findings from Phase I and utilize
local focus groups over the course of five months to analyze city-level
historic preservation tools and incentives nationwide. This will result in a
report of historic preservation policy and incentive recommendations
specific to Phoenix. The purchase is budgeted in the Historic
Preservation Office's operating budget for Fiscal Year 2022-23.

28 Ravenii LLC
For $80,000.00 in payment authority to purchase, deploy and maintain
additional network sensors-security monitoring hardware for the
Information Technology Services Department. The equipment is needed
to support the City's security information and event management system.
The hardware allows greater threat visibility, allowing the City to better
identify internal and external threats, abnormal behavior, or potential
cyber-attacks.

29 Databank IMX LLC
For $40,000.00 in payment authority to purchase OnBase annual
maintenance, hardware, software and professional services for the
Municipal Court. OnBase is the Arizona Supreme Court's electronic


Page 63

document management system statewide standard. It is critical for the
Court to continue to have OnBase maintenance, hardware, software and
professional services from Databank IMX, LLC as not doing so would
impact the Municipal Court’s business operations.

30 Settlement of Claim(s) Bercy v. City of Phoenix
To make payment of up to $50,000.00 in settlement of claim(s) in Bercy
v. City of Phoenix, 2:20-cv-01948-SRB, 19-0205-001, GL, for the
Finance Department pursuant to Phoenix City Code Chapter 42. This is a
settlement of a claim involving the Housing Department.

31 Settlement of Claim(s) TransDev v. City of Phoenix
To make payment of up to $38,000.00 in settlement of claim(s) in
TransDev v. City of Phoenix, 21-0362-002, GL, PD, for the Finance
Department pursuant to Phoenix City Code Chapter 42. This is a
settlement for a property damage claim arising from an incident on Sept.
20, 2021, involving the Street Transportation Department.




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Report

Acceptance and Dedication of Easements for Multi-Use Trail, Public Utility and
Sidewalk Purposes (Ordinance S-49062)

Request for the City Council to accept and dedicate easements for multi-use, public
utility and sidewalk purposes; further ordering the ordinance recorded.

Summary
Accepting the property interest below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.

Easement (a)
Applicant: HH-35th & Baseline, LLC, its successor and assigns
Purpose: Multi-use Trail
Location: 7650 S. 35th Ave.
File: FN 220069
Council District: 7

Easement (b)
Applicant: HH-35th & Baseline, LLC, its successor and assigns
Purpose: Public Utility
Location: 7650 S. 35th Ave.
File: FN 220069
Council District: 7

Easement (c)
Applicant: HH-35th & Baseline, LLC, its successor and assigns
Purpose: Sidewalk
Location: 7650 S. 35th Ave.
File: FN 220069
Council District: 7

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


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Report

Acceptance of an Easement for Drainage Purposes (Ordinance S-49061)

Request for the City Council to accept an easement for drainage purposes; further
ordering the ordinance recorded.

Summary
Accepting the property interests below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.

Easement (a)
Applicant: Pinnaclepeaksilverino LLC; Pinnaclepeak3350 LLC; Pinnaclepeak3300
LLC; its successor and assigns
Purpose: Drainage
Location: 23777 N. 3rd Ave.
File: FN 220051
Council District: 1

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




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Report

Acquisition of Water and Sewer Easements Along the East Side of 91st Avenue
and South of Broadway Road for Lift Station 61 (Ordinance S-49046)

Request to authorize the City Manager, or his designee, to acquire water and sewer
easements along the east side of 91st Avenue and south of Broadway Road for the Lift
Station 61 Redundant Force Main project. Further request to authorize the City
Controller to disburse all funds related to this item.

Summary
Water and sewer easements are needed to upgrade outdated infrastructure at Lift
Station 61. The lift station will undergo modernization, and a redundant force main will
be added for flexibility of use and to serve as a back-up.

The parcels affected by this project are identified in Attachment A.

Financial Impact
Funding is available in the Water Services Department's Capital Improvement Program
budget.

Location
East side of 91st Avenue, south of Broadway Road.
Council District: 7 and Out of City

Responsible Department
This item is submitted by City Manager Jeffrey Barton, Deputy City Manager Karen
Peters, and the Water Services and Finance departments.




Page 67
Attachment A
Property Identification


91st Avenue and south of Broadway Road for Lift Station 61

The following improved and/or unimproved parcels affected by acquisition and
included in this request are identified by the Maricopa County Assessor’s parcel
number (APN) and the address or location.


APN Address / Location
101-35-001W along 91st Avenue, south of W. Broadway Road
101-35-001X along 91st Avenue, south of W. Broadway Road
101-35-005G along 91st Avenue, south of W. Broadway Road
101-35-007B along 91st Avenue, south of W. Broadway Road




1 of 1
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Report

Acquisition of Real Property for Roadway Improvements Along 35th Avenue
from the Interstate 10 Freeway to Camelback Road (Ordinance S-49052)

Request to authorize the City Manager, or his designee, to acquire all real property
and related property interests required by donation, purchase within the City's
appraised value, or by the power of eminent domain for roadway improvements along
35th Avenue from the Interstate 10 Freeway (I-10) to Camelback Road. Further
request to authorize dedication of land with roadway and/or public improvements to
public use for right-of-way purposes via separate recording instrument. Additionally
request to authorize the City Controller to disburse all funds related to this item.

Summary
Acquisition of real property is required to accommodate roadway improvements along
35th Avenue from the I-10 to Camelback Road. The project improvements include the
installation and upgrading of traffic signals, pedestrian hybrid beacons, and street
lighting. Improvements will be upgraded to meet current City standards and comply
with the Americans with Disabilities Act.

The parcels affected by this project are identified in Attachment A.

Financial Impact
Funding is available in the Street Transportation Department's Capital Improvement
Program budget.

Location
Along 35th Avenue from I-10 to Camelback Road.
Council Districts: 4 and 5

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




Page 69
Attachment A
Property Identification

Acquisition of Real Property for Roadway Improvements Along 35th Ave. from
the Interstate 10 Freeway to Camelback Road

The following improved and/or unimproved parcels affected by acquisition and
included in this request are identified by the Maricopa County Assessor’s parcel
number (APN) and the address or location.

APN Address / Location
106-07-120E 1426 N. 35th Ave.
106-07-120F 1402 N. 35th Ave.
107-06-001A 4812 N. 35th Ave.
107-06-003B 3501 W. Camelback Road
107-06-003E 4808 N. 35th Ave.
107-06-004 4836 N. 35th Ave.
107-06-013 3502 W. Mariposa St.
107-07-007A 4650 N. 35th Ave.
107-07-074A 4622 N. 35th Ave.
107-10-155 3514 W. Hazelwood St.
107-10-007D 4440 N. 35th Ave.
107-10-007E 4438 N. 35th Ave.
107-10-009C 4410 N. 35th Ave.
107-10-010A 4336 N. 35th Ave.
107-10-084 4326 N. 35th Ave.
107-11-014 4238 N. 35th Ave.
107-11-020C 3522 Grand Ave.
107-11-031 4220 N. 35th Ave.
107-11-036B 4170 N. 35th Ave.
107-11-036C 4150 N. 35th Ave.
107-11-039D 4246 N. 35th Ave.
107-11-040 4308 N. 35th Ave.
107-19-074 3030 N. 35th Ave.
107-19-075B 3532 W. Thomas Road
107-19-075C 2910 N. 35th Ave.
107-20-103 3302 N. 35th Ave.


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APN Address / Location
107-20-104 3320 N. 35th Ave.
107-20-105 3106 N. 35th Ave.
107-33-025A 4098 N. 35th Ave.
107-33-025B 3828 N. 35th Ave.
107-33-026E 3602 N. 35th Ave.
107-33-026F 3515 W. Clarendon Ave.
107-33-026G 3602 N. 35th Ave
107-33-026J 3550 N. 35th Ave
107-33-031G 3402 N. 35th Ave.
107-33-031M 3420 N. 35th Ave.
107-33-031R 3536 W. Osborn Road
108-02-012B 3839 N. 35th Ave.
108-02-013A 3441 N. 35th Ave.
108-02-026 3801 N. 35th Ave.
108-02-031A 3655 N. 35th Ave.
108-02-032A 3433 W. Clarendon Ave.
108-02-033 3637 N. 35th Ave.
108-02-046A 3621 N. 35th Ave.
108-02-047A 3805 N. 34th Ave.
108-02-054A 3401 N. 35th Ave.
108-03-004B 3440 W. Thomas Road
108-03-018A 3319 N. 35th Ave.
108-03-020A 3141 N. 35th Ave.
108-03-021 3127 N. 35th Ave.
108-03-023 3113 N. 35th Ave.
108-03-024 3464 W. Earll Drive
108-03-033 3005 N. 35th Ave.
108-03-034A 2915 W. 35th Ave.
108-03-036 3416 W. Thomas Road
108-03-099 3321 N. 35th Ave.
108-03-103 3033 N. 35th Ave.
108-09-043C 2502 N. 34th Drive
108-09-044 3442 W. Wilshire Drive
108-09-064A 2333 N. 35th Ave.
108-09-065 2305 N. 35th Ave.
108-10-130C 2601 N. 35th Ave.
108-10-130D 2609 N. 35th Ave.


2 of 5
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APN Address / Location
108-10-130G 2627 N. 35th Ave.
108-10-131 3443 W. Thomas Road
108-10-132H 2807 N. 35th Ave.
108-10-132J 2801 N. 35th Ave.
108-10-133 2831 N. 35th Ave.
108-11-001D 2522 N. 35th Ave.
108-11-002C 2518 N. 35th Ave.
108-11-002D 2516 N. 35th Ave.
108-11-005C 3505 W. Thomas Road
108-11-005K 2650 N. 35th Ave.
108-11-005M 2608 N. 35th Ave.
108-11-005W 2806 N. 35th Ave.
108-11-013 2650 N. 35th Ave.
108-11-014B 2814 N. 35th Ave.
108-11-018A 2804 N. 35th Ave.
108-11-018B 2802 N. 35th Ave.
108-11-050 2540 N. 35th Ave.
108-11-083 2806 N. 35th Ave.
108-11-084 2612 N. 35th Ave.
108-14-026 2348 N. 35th Ave.
108-14-028 2238 N. 35th Ave.
108-14-029 2336 N. 35th Ave.
108-14-030 2332 N. 35th Ave.
108-14-045 2318 N. 35th Ave.
108-14-074 2508 N. 35th Ave.
108-18-037 2243 N. 35th Ave.
108-18-038A 2235 N. 35th Ave.
108-18-039A 2243 N. 35th Ave.
108-18-057 2223 N. 35th Ave.
108-18-058B 2221 N. 35th Ave.
108-18-058C 2223 N. 35th Ave.
108-18-060 2215 N. 35th Ave.
108-18-061 2213 N. 35th Ave.
108-18-062 2219 N. 35th Ave.
108-18-121 2119 N. 35th Ave.
108-18-122 2119 N. 35th Ave.
108-18-123 3440 W. Holly St.


3 of 5
Page 72
APN Address / Location
108-18-124 2109 N. 35th Ave.
108-18-125 2119 N. 35th Ave.
108-18-142 2001 N. 35th Ave
108-18-144 2013 N. 35th Ave.
108-18-145 2001 N. 35th Ave.
108-19-001E 3501 W. Encanto Blvd.
108-19-001G 2120 N. 35th Ave.
108-19-001J 2212 N. 35th Ave.
108-19-001N 2060 N. 35th Ave.
108-19-001P 2042 N. 35th Ave.
108-19-002A 2002 N. 35th Ave.
108-19-002C 2014 N. 35th Ave.
108-24-001 1834 N. 35th Ave.
108-24-023 1824 N. 35th Ave.
108-24-025 1812 N. 35th Ave.
108-24-026 3503 W. Granada Road
108-24-045 1808 N. 35th Ave.
108-24-046 1812 N. 35th Ave.
108-24-047 3501 W. Coronado Road
108-24-067A 3502 W. Almeria Road
108-25-001 1701 N. 35th Ave.
108-25-026 3444 W. Mcdowell Road
108-25-027 1825 N. 35th Ave.
108-26-005A 1701 N. 35th Ave.
109-11-002 1517 N. 35th Ave.
109-11-004A 1507 N. 35th Ave.
145-15-107 3502 W. Camelback Road
153-17-005D 3446 W. Camelback Road
154-08-028 3433 W. Camelback Road
154-08-029 4837 N. 35th Ave.
154-08-030 4831 N. 35th Ave.
154-08-031 4825 N. 35th Ave.
154-08-032 4819 N. 35th Ave.
154-08-033 4813 N. 35th Ave.
154-08-034 4807 N. 35th Ave.
154-08-035 4801 N. 35th Ave.
154-08-122 4745 N. 35th Ave.


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APN Address / Location
154-08-123 4739 N. 35th Ave.
154-08-124 4735 N. 35th Ave.
154-08-125 4729 N. 35th Ave.
154-08-126 4723 N. 35th Ave.
154-08-127 4717 N. 35th Ave.
154-08-162 4707 N. 35th Ave.
154-08-163 4701 N. 35th Ave.
154-22-001 3441 W. Campbell Ave.
154-22-036 4431 N. 35th Ave.
154-22-037 4427 N. 35th Ave.
154-22-038 4421 N. 35th Ave.
154-22-039 4417 N. 35th Ave.
154-22-040 4411 N. 35th Ave.
154-22-041 4407 N. 35th Ave.
154-22-110 3442 W. Glenrosa Ave.
154-22-111 4311 N. 35th Ave.
154-22-112 4315 N. 35th Ave.
154-22-113 4321 N. 35th Ave.
154-22-114 4325 N. 35th Ave.
154-22-115 4331 N. 35th Ave.
154-22-116 4335 N. 35th Ave.
154-22-117 4341 N. 35th Ave.
154-23-070B 4135 N. 35th Ave.
154-23-073C 4117 N. 34th Ave.
154-23-073D 4235 N. 35th Ave.
154-23-076E 4133 N. 35th Ave.
154-23-078 4201 N. 35th Ave.
Unassessed 4416 N. 35th Ave.




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Report

Authorization to Execute Short-term Licenses on Vacant City-owned Property
including Parking Lots for Downtown Special Events (Ordinance S-49038)

Request to authorize the City Manager, or his designee, to execute short-term licenses
on vacant City-owned property including parking lots for downtown special events held
between Nov. 1, 2022, and Nov. 1, 2024. Further request authorization for the City
Treasurer to accept all necessary funds related to this item.

Summary
The Finance Department's Real Estate Division regularly receives requests from
private entities to license City-owned property during special events held downtown.
The Real Estate Division, in consultation and coordination with the event organizer
and/or local host committee, will enter into licenses for use of vacant City-owned
property in support of those special events.

The term of each license shall not exceed 30-days. The license fee will be based on
market rent and/or other valuable consideration, as determined by the Real Estate
Division. Each license may contain other terms and conditions acceptable to the City
based on the use. Each licensee shall provide insurance and indemnification
acceptable to the City’s Risk Management Division and the Law Department.

Financial Impact
The license fee will be based on market rent and/or other valuable consideration.

Location
Various locations within Downtown Phoenix.
Council District(s): 7 and 8

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




Page 75



Report

Sports Uniforms and Promotional Items - IFB 19-055 - Amendment (Ordinance S-
49039)

Request to authorize the City Manager, or his designee, to execute amendments to
contracts 150151 with Touchdown Sportswear & Promotions, LLC; 150152 with SP
Designs & Manufacturing, Inc.; 150153 with Balzic Enterprises, LLC doing business as
M&J Trophies and Apparel; and 150154 with Dumars Industries LLC, doing business
as Explosion Sportswear and Image Sourcing, to allow Citywide use of the contracts
for the purchase of promotional items. Further request to authorize the City Controller
to disburse all funds related to this item. The additional expenditures will not exceed
$244,000.00.

Summary
These contracts will provide personalized promotional products such as volunteer t-
shirts and employee awards in support of various department programs such as the
Library Card Campaign and reading achievements, on an as needed basis.

Contract Term
The contract term remains unchanged, ending on June 14, 2024.

Financial Impact
Upon approval of $244,000.00 in additional funds, the revised aggregate value of the
contract will not exceed $1,309,000.00. Funds are available in various departments'
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Sports Uniforms and Promotional Items, Contracts 150151, 150152, 150153,
150154, S-45726, on June 5, 2019.

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




Page 76



Report

Fujitsu Maintenance and Service Level Agreement - Amendment (Ordinance S-
49040)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 145958 with Fujitsu Network Communications, Inc. for
the purchase of maintenance and support of Fujitsu equipment, components, and
hardware for the Information Technology Services Department and in support of the
Regional Wireless Cooperative (RWC). Further request to authorize the City Controller
to disburse all funds related to this item. The additional expenditures will not exceed
$32,000.

Summary
This contract currently covers maintenance for 52 Fujitsu multiplexers throughout the
radio communications network, which serves the RWC public safety radio
communications partners. The equipment provides a fiber optic platform proven to
perform for the wireless microwave network, integrating services for public safety
agencies in the Phoenix region to ensure the delivery of communications in the form of
voice and data traffic. Fujitsu Network Communication, Inc., is the manufacturer of this
hardware, and is the only provider for maintenance and support. The support includes
technical engineering, firmware updates, product support, and repair/return of faulty
components. The additional funds requested will cover the annual subscription for the
remaining term of the contract.

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

Contract Term
The contract term remains unchanged, ending on Aug. 31, 2023.

Financial Impact
Upon approval of $32,000 in additional funds, the revised aggregate value of the
contract will not exceed $207,000. Funds are available in the Information Technology
Services Department's budget.




Page 77

Concurrence/Previous Council Action
The City Council previously approved the Fujitsu Maintenance and Service Level
Agreement Contract 145958 (Ordinance S-43828) on Aug. 30, 2017.

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




Page 78



Report

Fourier Transform Infrared (FTIR) Microscope and Annual Service Maintenance
Agreement - IFB 18-031 - Amendment (Ordinance S-49047)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 146534 with Thermo Electron North America, LLC to extend the contract
term. Further request to authorize the City Controller to disburse all funds related to
this item. The additional expenditures will not exceed $9,000.

Summary
This contract provides an annual maintenance and service agreement for one Thermo
Electron North America FTIR Microscope for the Police Department and includes
factory trained and authorized service personnel. This extension will allow additional
time to complete the new procurement.

Contract Term
Upon approval the contract will be extended through Nov. 30, 2023.

Financial Impact
Upon approval of $9,000 in additional funds, the revised aggregate value of the
contract will not exceed $107,000. Funds are available in the Police Department’s
budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Fourier Transform Infrared (FTIR) Microscope and Annual Service Maintenance
Agreement - Contract 146534 (Ordinance S-44090) on Nov. 29, 2017.

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




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Report

Heavy Equipment Rental - CO-OP 20-097 - Amendment (Ordinance S-49053)

Request to authorize the City Manager, or his designee to allow additional
expenditures under Contract 152656 with Herc Rentals Inc, for the purchase of Heavy
Equipment Rental for Citywide use. Further request to authorize the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed $2.5
million.

Summary
This contract currently provides both small and large equipment of various makes,
models and sizes, on as needed basis. It also provides short term and long term rental
access to a complete line of heavy equipment, road maintenance equipment and
construction equipment. The primary users of the contract are Public Works, Water
Services, Parks and Recreation, and Fire department. Approximately 65 percent of the
contract spend is used by enterprise funds. Due to high volume of usage, it has
become necessary to increase the funding to cover the remaining term of the contract.

Contract Term
The contract term remains unchanged, ending on June 30, 2025.

Financial Impact
Upon approval of $2.5 million in additional funds, the revised aggregate value of the
contract will not exceed $4 million. Funds are available in the various departments'
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Heavy Equipment Rental Contract 152656 (Ordinance S-46809) on June 24, 2020

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




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Report

Dry Well and Interceptor Pumping and Inspection - IFB 20-FMD-045 -
Amendment (Ordinance S-49057)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 152057 with MP Environmental Services, Inc. for the
purchase of dry well interceptor and grease trap pumping and inspection services for
various departments. Further request to authorize the City Controller to disburse all
funds related to this item. The additional expenditures will not exceed $220,000.

Summary
This contract provides regular cleaning, pumping, and maintenance of dry wells and
interceptors, including grease traps, for proper collection, retention, and drainage of
runoff, stormwater and other water sources. The contract also provides repairs to the
systems on an as-needed basis. Additional funds are necessary to allow use of the
contract by all Citywide departments that require grease trap cleaning services.

Contract Term
The contract terms remains unchanged, ending on May 31, 2023 with two option years
to extend until May 31, 2025.

Financial Impact
Upon approval of $220,000 in additional funds, the revised aggregate value of the
contract will not exceed $2,527,498. Funds are available in the various departments'
budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Dry Well and Interceptor Pumping and Inspection, Contract 152057 (Ordinance S-
46576) on May 6, 2020.

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




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Report

Safety Data Sheet Database Management Services - RFP 17-019-Amendment
(Ordinance S-49067)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 146267 with Kelleher, Helmrich & Associates Inc. to extend the contract term
and allow additional expenditures to provide Safety Data Sheet (SDS) database
management services for the Office of Environmental Programs. Further request to
authorize the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $8,000.

Summary
This contract will provide a web-based SDS database, updates, and maintenance
services for the Office of Environmental Programs to manage safety data records of
chemicals and products used citywide. The database is available to all City employees
through the Inside Phoenix website and can easily be searched by a facility name,
product name, manufacturer, or SDS number. In the event of workplace exposure to
chemical products, City employees can give emergency and medical responders the
correct SDS. The extension of this contract will provide continued services to comply
with federal standards. This contract extension will allow for a new procurement to be
completed without a lapse in services.

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

Contract Term
Upon approval the contract will be extended through April 30, 2023.

Financial Impact
Upon approval of $8,000 in additional funds, the revised aggregate value of the
contract will not exceed $128,000. Funds are available in the Office of Environmental
Program's budget.

Concurrence/Previous Council
The City Council previously reviewed this request:



Page 82

• Safety Data Sheet Database Management Services Contract 146267 (Ordinance S-
43984) on Oct. 18, 2017.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Office of
Environmental Programs.




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Report

Authorization to Execute Short-term Licenses and Agreements with the United
States of America for Use and Access onto City-owned Property (Ordinance S-
49071)

Request to authorize the City Manager, or his designee, to execute short-term licenses
and agreements with the United States of America for use and access onto City-owned
property to conduct various military training exercises and activities through Dec. 31,
2023. Further request to authorize the City Manager, or his designee, to grant an
exception pursuant to Phoenix City Code 42-20 to include indemnification and
assumption of liability provisions, if required, that would otherwise be prohibited by
Phoenix City Code 42-18.

Summary
The United States of America (United States) through its military branches, in
coordination with the Police and/or Fire departments, periodically conducts training on
City-owned property to assist in responding to incidents that involve national security
defense. The City will enter into a license or use agreement (Agreement) for each
training exercise to be conducted on a City-owned property.

The term of each Agreement shall not exceed 14 days and may be terminated at any
time upon mutual written consent of both parties. Each Agreement will contain
insurance and indemnification acceptable to the City’s Risk Management Division and
the Law Department. Each Agreement may contain other terms and conditions
deemed necessary by the City.

Financial Impact
There is no fee associated with each Agreement, as the United States is responsible
for all costs related to its use.

Location
Citywide

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



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Report

Intergovernmental Agreement Between Maricopa County and Phoenix Municipal
Court for Use of Maricopa County Telecom Services (Ordinance S-49076)

Request to authorize the City Manager, or his designee, to allow the Phoenix Municipal
Court to enter into an Intergovernmental Agreement (IGA) with Maricopa County’s
Office of Enterprise Technology Department for the use of telecom services at the
Intake, Transfer, and Release (ITR) facility. Further request to authorize the City
Controller to disburse all funds related to this item. The agreement will not exceed
$25,000.

Summary
The IGA will establish responsibilities and costs for the parties regarding the use of
telecom services at the ITR facility located at 2670 W. 28th Drive, Phoenix, Arizona
85009. The Maricopa County Sheriff’s Office and Phoenix Municipal Court share
operations and use of the ITR facility. Arizona Revised Statutes section 11-952
authorizes the County and City, as public agencies, to enter into IGAs for joint
cooperative action and agreement for the operation and use of County telecom
services.

Contract Term
This agreement will be effective upon approval of both parties' governing bodies and
shall remain in effect until June 30, 2025. The agreement may be renewed for one
additional two-year term upon mutual consent of the parties.

Financial Impact
The total aggregate value will not exceed $25,000 including option years. The
estimated annual expenditure of the agreement is $5,000. Funding is available in the
Phoenix Municipal Court’s budget.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Municipal Court.




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Report

Authorization for the Phoenix Municipal Court to Apply for, Accept and Enter
into an Agreement for Pilot Hybrid Hearings Program (Ordinance S-49077)

Request to retroactively authorize the Phoenix Municipal Court to apply for, accept and
enter into an agreement with the National Center for State Courts (NCSC) for the
Hybrid Hearings Improvement Initiative Pilot Program.

Summary
The National Center for State Courts (NCSC) awarded grants to state and local courts
as part of its Hybrid Hearings Improvement Initiative Pilot Program. The Phoenix
Municipal Court was made aware of the opportunity to apply for this program in late
June and the application was due in mid-July. The Court was informed that it had been
selected as a participant in August. The goal of this program is to assist courts in
learning from, and improving upon, pandemic-era best practices to create permanent
changes to the way courts conduct hybrid hearings, as well as overall improvement of
remote and virtual offerings. As a participant, the Court will receive support from NCSC
to implement technical and operational solutions which may include facilitating the
purchase and installation of technical equipment in a minimum of one courtroom,
integration with existing systems, and technical assistance to support the preliminary
operation of the equipment and development of hybrid hearing procedures.

Contract Term
The term for this agreement is September 1, 2022, through June 30, 2023.

Financial Impact
There is no impact to the general fund.

Responsible Department
The item is recommended by Deputy City Manager Karen Peters and the Municipal
Court.




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Report

Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
49055)

Request to authorize the City Manager, or his designee, to transfer retirement funds for
Amy Corriveau in the amount of $96,627.52 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse the funds.

Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:

Corriveau, Amy: $96,627.52

Concurrence/Previous Council Action
This item was approved by the COPERS Board at the Aug. 4, 2022 meeting.

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




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Report

ARPA Phoenix Resilient Food System Program - Enter into Agreements with
Arizona State University and St. Mary’s Food Bank (Ordinance S-49079)

Request to authorize the City Manager, or his designee, to enter into three agreements
with: (1) Arizona State University (“ASU”) to support a food waste education and
composting project; (2) ASU to support an Agri-Food Tech Incubator project; and (3)
St. Mary’s Food Bank to support a farm to food banks project. Further request to
authorize the City Controller to disburse all funds related to these items. Funding is
available through the City’s allocation of the American Rescue Plan Act (“ARPA”)
funding to the Phoenix Resilient Food System Program by the ARPA Strategic Plan
approved by the Mayor and Council. There is no impact to the General Fund. The
aggregate expenditures of these contracts will not exceed $1,260,000.

In response to the COVID-19 pandemic, the Office of Environmental Programs
(“OEP”) developed a food assistance plan to address the food needs of vulnerable
populations and communities impacted by COVID-19. The plan provides: (1) access to
healthy foods for impacted populations; (2) infrastructure assistance regarding
transportation and delivery with a focus on home delivery; (3) support for food banks,
food pantries and community food support agencies; (4) support for increased local
food production; and (5) business and employment opportunities throughout the food
system spectrum.

ARPA Phoenix Resilient Food System Program
Supporting the following project will provide inclusive economic and business
opportunities and training, decrease food insecurity and hunger, and reduce food
waste in Phoenix.

(1) ASU - Agri-Food Tech Incubator Project
ASU will establish an Agri-Food Tech Incubator, based on their proven Resource
Innovation and Solutions Network experience across metro Phoenix and integrate the
knowledge and best practices from other food systems and agricultural hubs. The Agri-
Food Tech Incubator will connect food system entrepreneurs and ecosystem
stakeholders to resources and services needed to support growth of new ventures,
new products and/or services, and to support existing food-related businesses to
expand the size and scope of the sustainable food and agriculture economy in the City


Page 88

of Phoenix. It will include pathways for COVID-19-impacted Black, Indigenous, and
People of Color (BIPOC) communities to realize economic development opportunities
within the sustainable food systems and agricultural technology space.

(2) ASU - Food Waste and Composting Education Project
This one-year program will provide food waste and composting education, training,
and access to a compost service for up to 400 residents living in COVID-19-impacted
areas and food deserts in Phoenix. Participants will learn how to decrease food loss
and waste through practical and usable tips, such as better food purchasing, storing
food practices, meal planning tools, and composting. By learning about and adopting
better practices, COVID-19-impacted households can save money and become more
food-secure.

(3) St. Mary’s Food Bank - Farm to Food Banks Project
This program will source produce primarily from farms within the City of Phoenix,
including from small and BIPOC farms impacted by COVID-19. The produce will be
delivered directly from the farm to St. Mary’s and agency partners (food pantries) who
will distribute produce to Phoenix clients. Funds will be used for food purchases with a
small portion being allocated to increase St. Mary’s ability to store and distribute
produce while reducing food waste.

Procurement Information
Services may be procured, as needed, in accordance with Administrative Regulation
3.10 to implement and administer programs intended to prevent, prepare for, and
respond to the COVID-19 pandemic.

Contract Term
The contract term will be as follows:

· ASU - Agri-Food Tech Incubator Project from October 31, 2022, to May 31, 2024;
· ASU - Food Waste and Composting Education Project from October 31, 2022, to
June 30, 2023;
· St. Mary’s Food Bank - Farm to Food Banks Project from October 24, 2022, to
October 31, 2023.

All agreements may be extended based on available funding, which extensions may
be executed by the City Manager, or his designee.

Financial Impact
There is no impact to the General Fund. Funding is available through the City's
allocation of ARPA funding to the Phoenix Resilient Food System Program by the

Page 89

allocation of ARPA funding to the Phoenix Resilient Food System Program by the
ARPA Strategic Plan approved by the Mayor and Council.

The funding breakdown is as follows:

· $750,000 for the ASU - Agri-Food Tech Incubator Project;
· $310,000 for the ASU - Food Waste and Composting Education Project;
· $200,000 for the St. Mary’s Food Bank - Farm to Food Banks Project.

Concurrence/Previous Council Action
The City Council approved:
· ARPA Strategic Plan on June 8, 2021;
· ARPA Phoenix Resilient Food System allocation on June 7, 2022.

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Office of
Environmental Programs.




Page 90



Report

Request to Amend the U.S. Department of Housing and Urban Development
Family Self-Sufficiency Service Coordinator Grant (Ordinance S-49066)

Request to authorize the City Manager, or his designee, to amend the not-to-
exceed amount of Ordinance S-48611, from $325,000 to $600,000 due to increased
allowable grant application annual terms and dollar amounts for the Family Self-
Sufficiency (FSS) Service Coordinator grant from the U.S. Department of Housing
and Urban Development (HUD). Further request to authorize the City Treasurer to
accept, and the City Controller to disburse, all funds for the life of the grant.

Summary
On May 11, 2022, the City Council approved applying for the FSS Service
Coordinator grant from HUD. The Housing Department has received funding
through this grant program for the past several years and requested City Council
approval to apply prior to the issuance of the Notice of Funding Availability (NOFA).
Upon release of the NOFA, it was noted that the grant terms allowed up to a two-
year grant award, providing funding for calendar year 2023 and 2024, and
increasing the potential award amount up to $600,000. The increased funding may
allow additional staff to be hired.

This ongoing program helps caseworkers develop local strategies to connect
participating Public Housing and Section 8 families to public and private resources
to increase their earned income and financial empowerment, reduce or eliminate
the need for welfare assistance, and make progress toward economic
independence and self-sufficiency. Caseworkers coordinate support services
offered by non-profit, governmental, and educational community partners; provide
case planning and coordination, supportive counseling and referral and advocacy;
assist with access to educational resources, vocational training and employment
opportunities; and assist with budgeting, homeownership preparation, and
transportation. Successful participants engage in training, improve employment
outcomes, save money, and buy a home. In the past year, 17 residents graduated
from the FSS program.

The grant application was due on Oct. 7, 2022. If authorization is denied, the grant


Page 91

application will be rescinded or amended.

Financial Impact
There is no impact to the General Fund. This grant does not require matching
funds.

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




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Report

Request to Enter into Contract with St. Joseph the Worker (Ordinance S-49060)

Request to authorize the City Manager, or his designee, to enter into an agreement
with St. Joseph the Worker (SJW) for the Workforce Villages Program which provides
housing and support services to employed individuals experiencing homelessness to
help end their homelessness without housing voucher assistance. The total value of
the contract will not exceed $2 million. Further request to authorize the City Controller
to disburse all funds related to this item. Funding is available from the City’s allocation
of the American Rescue Plan Act (ARPA).

Summary
In 2020, SJW’s Workforce Villages program was established in response to the COVID
-19 pandemic and operates in various scattered sites in the Phoenix area. The
program provides housing and support services to employed individuals experiencing
homelessness to assist in ending their homelessness without housing voucher
assistance. Individuals successfully complete the program by securing housing and
being responsible for rent on their own. The City included this program in the ARPA
Second Tranche Strategic Plan in an effort to provide a unique housing program
focusing on individuals experiencing homelessness who are employed and able to end
their homelessness with intense case management services, financial management
planning, and life skills training. The program requires the participant to have a full-
time job, earn at least $15 per hour, work a minimum of 35 hours per week, save 80
percent of their net income, live off the remaining 20 percent, meet weekly with their
Workforce Villages Specialist, provide copies of their pay stubs and savings account
balances, and complete assignments, a credit report, background check, and budget.

Contract Term
The term of the contract will begin on or about Oct. 1, 2022, and end on Dec. 29, 2024.

Financial Impact
The total value of the contract will not exceed $2 million. Funding is available from
ARPA. There is no impact to the General Fund.

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

Page 93



Report

Request to Amend 2021-22 Community Development Block Grant Public Facility
Subrecipient Agreements (Ordinance S-49078)

Request to authorize the City Manager, or his designee, to amend the 2021-22
Community Development Block Grant Public Facility Contracts with VALLEYLIFE and
ACCEL for an additional eight months through June 30, 2023, and increase the
contract award for VALLEYLIFE from $83,241 to $150,000. Further request to
authorize the City Controller to disburse all funds related to this item.

Summary
In September 2021, the City Council approved Community Development Block Grant
(CDBG) Public Facility grant funding for local non-profits VALLEYLIFE and ACCEL.
CDBG Public Facility funding assists non-profit organizations in expanding services to
support the needs of low- to moderate-income Phoenix residents. Eligible activities
include acquisition, construction, rehabilitation, or Americans with Disabilities Act
(ADA) improvements to non-profit owned public facilities.

ACCEL provides services to children and adults who have developmental disabilities
and was awarded funding to implement ADA enhancements at the 10251 N. 35th Ave.,
Phoenix, location. VALLEYLIFE provides services to individuals with disabilities to
enhance their quality of life and was awarded funding to build a prep kitchen to
prepare healthy meals at the 1142 W. Hatcher Rd., Phoenix location.

Construction costs have increased considerably since the original project budget for
VALLEYLIFE was submitted in October 2021. To complete the project, VALLEYLIFE
has requested a contract award increase from $83,241 to $150,000. Sufficient CDBG
funding exists to accommodate the request.

The requested contract extensions are necessary to allow the non-profit agencies time
to complete their FY 2021-22 CDBG funded projects. VALLEYLIFE and ACCEL
requested additional time due to on-site operational interruptions as a result of the
Coronavirus pandemic. The Public Facility projects require extensions due to delays at
various points during their project schedule. The additional time will enable these
agencies to continue to provide critical services to vulnerable residents.



Page 94

Contract Term
The original contract terms were Sept. 8, 2021, through Oct. 31, 2022. If this item is
approved, the term of each contract will be extended through June 30, 2023.

Financial Impact
There is no impact to the General Fund. Contract award for VALLEYLIFE will increase
from $83,241 to $150,000. Contracts are funded by the U.S. Department of Housing
and Urban Development (HUD) CDBG funds. Sufficient CDBG funding exists to
accommodate the request.

Concurrence/Previous Council Action
The 2021-22 CDBG Public Facility Subrecipient contract awards was approved by the

Location
Council Districts: 1 and 3

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




Page 95



Report

Japanese Friendship Garden Pump and Filter Maintenance Contract - EXC 23-
020 Request for Award (Ordinance S-49058)

Request to authorize the City Manager or his designee to enter into a contract with
Intelligent Control Network, LLC, dba GMI Pump Systems to provide Japanese
Friendship Garden Pump and Filter Maintenance for the Parks and Recreation
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 $500,000.

Summary
This contract will provide maintenance and ensure operations of the pump and filter
systems at the Japanese Friendship Garden which contains a one-acre koi pond that
is a replica of the Japanese Friendship Garden in Himeji, Japan, Phoenix's sister city.
The previous system was approximately 15 years old and failing, causing loss of
revenue to the non-profit operators and environmental concern for the health of the
1,200 koi that live in the pond. Both the pumps and the ozone need to work in tandem
to keep the water aerated and clear and provide a healthy environment for the koi. It is
necessary to have contracted maintenance by experts that can keep this system
running efficiently for the enjoyment of the thousands of visitors to the Japanese
Friendship Garden.

Procurement Information
In accordance with AR 3.10, standard competition was waived as a result of an
approved Determination Memo based on the following reason: Special Circumstances
Without Competition. The computer system to coordinate the pumps, ozone, cooling
systems and alarms is a proprietary system installed by GMI Pump Systems. It is
critical that these complex, proprietary systems are maintained and operated by the
same company that installed the overall system.

Contract Term
The contract will begin on or about Oct. 17, 2022, for a five-year term with no options
to extend.

Financial Impact
The aggregate contract value will not exceed $500,000 for the five-year aggregate


Page 96

term. Funding is available in the Parks and Recreation Department's budget.

Location
Japanese Friendship Garden, 1125 N. Third Ave., Phoenix, AZ 85003
Council District: 7

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




Page 97



Report

Authorization to Sell City-Owned Property Located at 4815 S. 67th Ave. to
Arizona Department of Transportation for State Route 30 (Ordinance S-49063)

Request to authorize the City Manager or his designee to sell City-owned property
located at 4815 S. 67th Ave. to the Arizona Department of Transportation for State
Route 30. Further request to authorize the City Treasurer to accept all funds related to
this item.

Summary
The Arizona Department of Transportation (ADOT) requires the property for
construction of the proposed State Route 30 which will extend between Loop 202 and
Loop 303 through southwest Phoenix, Avondale and Goodyear. The property is
approximately 85.98 acres (net) of vacant land and was leased for sand and gravel
operations from January 2006 through February 2021. Most of the site is a sand and
gravel pit that cannot be developed without significant fill.

Financial Impact
Revenue of $1,505,220 is reflective of appraised value. Proceeds from the sale of this
property will be used for Parks and Recreation projects in Council District 7.

Concurrence/Previous Council Action
On Sept. 7, 2022, a public hearing was held to amend the Zoning District Map of the
Rezoning Application Z-31-22-7 and rezone the site from S-1 (Ranch or Farm
Residential District) to C-2 (Intermediate Commercial District) to allow commercial
uses. Rezoning stipulations included elements that will help activate the Rio Salado
frontage and promote pedestrian activity, including recreation. The item was adopted
by City Council (Ordinance G-7011).

Location
4815 S. 67th Ave., identified by Maricopa County Assessor parcel number 104-66-001.
Council District: 7

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

Page 98



Report

Amendment to the Intergovernmental Agreement between the City of Phoenix
and Arizona State University for the Development of the Health Solutions Center
at the Phoenix Biosciences Core (Ordinance S-49043)

Request to authorize the City Manager, or his designee, to amend the
Intergovernmental Agreement with Arizona State University (ASU), to extend and
modify certain business terms. There is no impact to the General Fund as a result of
this action.

Summary
On May 10, 2016, City Council authorized an Intergovernmental Agreement (IGA) (City
Contract No. 142599) with ASU for the development of approximately 1.5 million
square feet of biomedical facilities at the Phoenix Biosciences Core (PBC).
Subsequently, the City and ASU entered into a ground lease (City Contract No.
149060) for Phase 1 of the development of the Health Solutions Center, now called
850 PBC and which completed construction December 2020. Since the agreements
were originally envisioned, the campus and development partnerships have grown. As
a result of the growth and better understanding of changing market conditions, certain
contract terms are no longer in the best interest of the parties or the PBC.

As it exists today, the IGA states that ASU shall, within 180 days of receiving the
certificate of occupancy for the prior phase, issue a notification exercising their option
to develop the next phase of the development and must complete the design and
construction of the subsequent phase no later than thirty months following the prior
phase completion. This amendment will replace the existing timeline requirements with
updated timing as follows:
· No later than 180 days from prior phase completion, ASU and the City will meet to
determine phasing schedule for completion of subsequent phase.
· ASU and the City shall use commercially reasonable efforts to enter into the
subsequent phase lease within 24 months, but no later than 36 months from the
prior phase completion.
· Completion of subsequent phase shall occur no later than 36 months from
execution of subsequent phase lease.




Page 99

Financial Impact
There is no impact to the General Fund as a result of this action.

Concurrence/Previous Council Action
The Economic Development and Equity Subcommittee recommended approval of this
item on September 28, 2022. Ordinance S-41736 authorizing the IGA with ASU was
passed by the City Council on May 19, 2015. Ordinance S-43332 authorizing the first
amendment to the IGA was passed by the City Council on March 22, 2017.

Location
Approximately four blocks bounded by 4th and 6th streets and Garfield and Fillmore
streets.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.




Page 100



Report

Resolution to Declare 2023 NFL Super Bowl Activities in Downtown Phoenix as
Special Promotional Events (Resolution 22073)

Request City Council to supersede Resolution 21987 by approving a new Resolution
declaring that for the three-week period before the National Football League (NFL)
Super Bowl LVII game on Sunday, February 12, 2023, and for one week after, all
Official NFL Events and other NFL and Arizona Super Bowl Host Committee-
sanctioned activities that are held in the Special Promotional and Civic Event Area
(map attached) will be considered special promotional and civic events for the
purposes of the Phoenix Zoning Ordinance. The new Resolution adjusts the Special
Promotional and Civic Event Area to better align with the Super Bowl related activities.

Summary
It is anticipated that certain NFL game-related activities will take place in downtown
Phoenix in the weeks prior to and after the game. These events and activities will bring
significant revenue and media exposure to the City of Phoenix during the event period.
Phoenix Zoning Ordinance, Section 705 specifies requirements for temporary signs.
By declaring the NFL and Arizona Super Bowl Host Committee-sanctioned activities as
special promotional and civic events, this Resolution allows the NFL, NFL-approved
sponsors, and Arizona Super Bowl Host Committee to advertise official events in the
Promotional and Civic Event Area by use of signs, banners, and similar devices. This
action will not impact any existing permitted permanent signs in downtown. This
declaration will restrict all temporary signage within the Special Promotional and Civic
Event Area that has not been authorized by the NFL and/or Arizona Super Bowl Host
Committee during the above-mentioned time period in order to support NFL event-
related activities. The new Resolution supersedes the prior Special Promotional
Events Resolution (Resolution 21987) by adopting a new Resolution with an adjusted
Special Promotional and Civic Event Area that better aligns with the Super Bowl
related activities.

Location
McDowell Road to Lincoln Street, 7th Avenue to 7th Street (includes properties
adjacent to 7th Ave on the west and adjacent to 7th Street on the east)
Council Districts: 4, 7, 8



Page 101

Concurrence/Previous Council Action
This resolution supersedes Resolution 21987 approved by the City Council on Jan. 26,
2022.

Responsible Department
This item is submitted by Deputy City Managers Inger Erickson and Alan Stephenson,
the Phoenix Convention Center Department, and the Planning and Development
Department.




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Special Promotional and Civic Event Area
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Report

Donation from Phoenix Fire Foundation for Phoenix Fire Department Baby Shots
Immunization Program (Ordinance S-49041)

Request to authorize the City Manager, or his designee, to accept a donation of $5,000
from the Phoenix Fire Foundation to support the Phoenix Fire Department's Baby
Shots Immunization Program. Further request authorization for the City Treasurer to
accept, and for the City Controller to disburse, all funds related to this donation. If not
approved, the donation would be declined.

Summary
The Phoenix Fire Department Baby Shots Immunization Program provides free
vaccinations to children who are eligible under the federally funded Vaccine for
Children's Program, which provides vaccines at no cost to children who might not
otherwise be vaccinated because of an inability to pay. The donation from the Phoenix
Fire Foundation will help fund the costs of equipment, promotional materials, electronic
equipment and associated two-year service plans, overtime event staffing, and related
travel and training.

The Phoenix Fire Foundation is a 501(c)(3) charitable organization. The Foundation is
committed to supporting the Phoenix Fire Department, and other public safety
agencies in metro Phoenix, in their daily efforts to save lives and protect families and
communities.

Contract Term
There is no contract term associated with this donation.

Financial Impact
This donation does not require any matching funds. The funds will be used in
accordance with City policies.

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




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Report

Agreement with Harvard Kennedy School for Further Assistance to the
Community Assistance Program (Ordinance S-49074)

Request to authorize the City Manager, or his designee, to approve an agreement with
Harvard Kennedy School to participate in the Government Performance Lab technical
assistance program and provide continued support to the Community Assistance
Program (CAP) for up to an additional two years. Further request an exemption from
the indemnification prohibition set forth in the Phoenix City Code section 42-18 to allow
for mutual indemnification.

Summary
On June 16, 2021, City Council approved $15 million to expand the City's Community
Assistance Program. The CAP expansion focuses on utilizing alternative 9-1-1
emergency response teams to respond to 9-1-1 calls in lieu of traditional law
enforcement. Over the past year, the Harvard Kennedy School has helped the City
develop methods to reduce reliance on traditional law enforcement and connected
residents with mental and behavioral health services, substance use treatment, and
other forms of support.

With approval of this agreement, Harvard Kennedy School will be able to provide
further input on topics including select program policies and procedures, training
development, key performance metrics and training materials. Harvard Kennedy
School is able to pass along knowledge and best practices to Phoenix for
consideration and inclusion in Phoenix CAP operations as they benefit from similar
information from other jurisdictions across the nation including: Durham, N.C.; Harris
County, Texas; Long Beach, Calif.; and Philadelphia, Pa.

Staff requests a waiver of Phoenix City Code 42-18 to allow for mutual indemnification
for both parties.

Contract Term
The term of this agreement is for up to two years based on the mutual agreement
between the City of Phoenix and Harvard Kennedy School.




Page 105

Financial Impact
The City shall have no responsibility for compensation or employee benefits for any
individual from the Harvard Government Performance Lab with respect to any work
done pursuant to this agreement. There is no cost to the City.

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




Page 106



Report

Computer Aided Dispatch and Mobile Data Computer System - RFP 08-0603 -
Amendment (Ordinance S-49049)

Request to authorize the City Manager, or his designee, to execute the amendment to
Contract 125890 with Versaterm Public Safety, Inc. for the purchase of maintenance to
the City's Computer Aided Dispatch (CAD) and Mobile Data Computer System, to
extend the contract term. Further request to authorize the City Controller to disburse all
funds related to this item. The additional expenditures will not exceed $692,608.32.

Summary
The contract provides ongoing maintenance for the CAD/911 System and is
proprietary to Versaterm. Maintenance support is crucial to resolving system issues in
a timely manner with few or no interruptions. In addition to collecting calls for service
and dispatching, the system is integrated with the Department of Public Safety for
vehicle and suspect information, accessing various state and national criminal justice
networks to provide suspect or vehicle information to officers. The continued
maintenance of the department's CAD/911 System, is critical to ensure there are no
interruptions to dispatchers that utilize the system to prioritize and record incident calls,
identify the status and location of first responders, and effectively dispatch priority calls
for service.

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

Contract Term
Upon approval, the contract will be extended through June 30, 2023.

Financial Impact
Upon approval of $692,608.32 in additional funds, the revised aggregate value of the
contract will not exceed $13,431,231. Funds are available in the Police Department’s
budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890


Page 107

(Ordinance S-36018) on April 8, 2009;
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890
(Ordinance S-38805) on May 16, 2012;
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890
(Ordinance S-39735) on April 3, 2013;
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890
(Ordinance S-40717) on April 2, 2014;
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890
(Ordinance S-40837-AU) on May 28, 2014;
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890
(Ordinance S-41972-F) on Aug. 26, 2015;
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890
(Ordinance S-42565-F) on June 1, 2016;
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890
(Ordinance S-42892-J) on Oct. 5, 2016;
· Computer Aided Dispatch and Mobile Data Computer System - Contract 125890
(Ordinance S-43732) on June 28, 2017.

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




Page 108



Report

Airport Bus Fleet Operations & Maintenance Award (Ordinance S-49037)

Request to authorize the City Manager, or his designee, to enter into a contract with
Transdev Services, Inc. for bus contingency services to operate and maintain City-
owned buses and to provide timely and reliable passenger transportation between the
Phoenix Sky Harbor International Airport's Rental Car Center and Airport terminals on
an as-needed basis. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contract will not exceed $6,506,885.

Summary
Transdev Services, Inc. will operate and maintain six Phoenix Sky Harbor International
Airport (Airport) passenger buses on a contingency basis following completion of the
PHX Sky Train (Sky Train) Stage Two project. Transdev Services, Inc. will also
operate and maintain six COBUS vehicles for routine airfield operations including
remote aircraft parking, and airfield emergencies. The Sky Train is considered a must-
ride system because it connects to the Rental Car Center, terminals, economy parking
structures, and the City's Metro light rail system. Operation and regular maintenance
are required for the City-owned bus fleet to support and facilitate the timely movement
of passengers during an emergency activation of the Airport's contingency plan and in
the event of a Sky Train interruption or outage.

Procurement Information
In accordance with A.R. 3.10, standard competition was waived after the issuance of a
Request For Information (RFI) in March 2021 and a Request For Proposals (RFP) in
November 2021. There was one respondent for each solicitation and the cost proposal
exceeded scope and funding availability. A Determination Memo was authorized to
enter into direct negotiations with incumbent Transdev Services, Inc. to provide bus-
contingency services on an as-needed basis to meet the critical operational needs of
the Airport.

Contract Term
The term of the contract will commence on the day following the expiration or
termination of the extended Transdev Services, Inc. Airport Shuttle Bus Services
Contract 125318 or the day following the expiration of the final extension period ending
March 31, 2023. The new contract will be for an aggregate five-year term with no
options to extend.

Page 109

Financial Impact
The aggregate value will not exceed $6,506,885 for the five-year aggregate contract
term. Funding is available in the Aviation Department's Operating budget.

Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended the RFI for approval on Feb. 18,
2021 by a vote of 6-0.
Transportation, Infrastructure and Planning Subcommittee recommended the RFI for
approval on March 3, 2021 by a vote of 4-0.
The Phoenix Aviation Advisory Board recommended award for approval on Sept. 15,
2022 by a vote of 6-0.

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

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




Page 110



Report

Bus Contingency Contract - RFQu 22-023 - Request for Award (Ordinance S-
49042)

Request to authorize the City Manager, or his designee, to enter into contracts with Via
Adventures, Inc.; Jet Limousines & Transportation, LLC; Tour West America, Inc.; and
Industrial Bus Lines, Inc. to provide bus contingency services to transport customers
between Phoenix Sky Harbor International Airport (Airport) facilities and other events
as needed for the Aviation Department. Further request to authorize the City Controller
to disburse all funds related to this item. The total value of the contracts will not exceed
$172,000 for the five-year aggregate contract terms.

Summary
The contracts will provide qualified operators of medium and large shuttle buses,
motorcoach buses, and driver resources to assist the Aviation Department in
transporting customers between Airport facilities on an as-needed basis. The
contracted bus and charter providers will deliver qualified bus drivers and bus
resources on an as-needed basis to support the Aviation Department’s PHX Sky Train
contingency plans and other Airport events requiring these resources.

Procurement Information
A Request for Qualifications 22-023 - Bus Contingency procurement was processed in
accordance with Administrative Regulation 3.10 to establish a Qualified Vendor List
(QVL).

Four offerors submitted qualifications and were deemed to be responsive and
responsible. The Procurement Officer evaluated all offers as pass-fail for the following
minimum qualification criteria:

· Offerors must have a minimum of one year of experience within the last three years
providing public and/or commercial transportation services that include driver
resources.
· Offerors must have a branch office or operating facility located within Maricopa
County, Arizona and the identified point of contact must be stationed in this local
office.
· Offerors must operate buses with a minimum passenger seat capacity of 14 seats


Page 111

for transportation not requiring a commercial driver’s license (CDL) and/or;
· Offerors must operate buses with seat capacity greater than 14 requiring CDL
credentials.

The following offerors met the minimum qualification criteria and are being
recommended for placement on the QVL:

· Via Adventures, Inc.
· Jet Limousines & Transportation, LLC
· Tour West America, Inc.
· Industrial Bus Lines, Inc.

Contract Term
The terms of the contracts will begin on or about Nov. 1, 2022 for an initial three-year
term, with two one-year options to extend for a five-year aggregate contract term if all
options are exercised.

Financial Impact
The contract value will not exceed $172,000 for the five-year aggregate contract term.
Funding is available in the Aviation Department’s budget.

Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended approval of this item on Aug. 18,
2022 by a vote of 7-0.

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.




Page 112



Report

Aviation Department Construction Inspection Services (Ordinance S-49044)

Request to authorize the City Manager, or his designee, to enter into separate
agreements with TRACE Consulting, LLC and Consultant Engineering, Inc., to provide
construction inspection services for the Aviation Department. Further request to
authorize execution of amendments to the agreements as necessary within the
Council-approved expenditure authority as provided below, and for the City Controller
to disburse all funds related to this item. The total fee for services will not exceed
$12.5 million.

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 relating to the
development, design, and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunications, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion in the documents pertaining to this transaction of indemnification and
assumption of liability provisions that otherwise should be prohibited by Phoenix City
Code 42-18. This authorization excludes any transaction involving an interest in real
property.

Summary
The On-Call consultants will be responsible for providing construction inspection
services for Phoenix Sky Harbor International Airport, Phoenix Goodyear Airport, and
Phoenix Deer Valley Airport that include, but are not limited to: serve as a City
representative on construction projects assigned to landside and/or airside on an as-
needed basis; inspect and monitor for compliance; observe, record, and review
performance tests; prepare daily reports, test results, and photo records; perform other
inspection services as needed; and will work closely with and under the direction of the
Aviation Construction Inspection Supervisor.

Procurement Information
The selections were made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.


Page 113

section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Four firms submitted proposals
and are listed below.

Selected Firms
Rank 1: TRACE Consulting, LLC
Rank 2: Consultant Engineering, Inc.

Additional Proposers
Rank 3: Dibble CM, LLC
Rank 4: Ritoch-Powell & Associates, an Ardurra Company

Contract Term
The term of each agreement is up to three years from the issuance of the Notice to
Proceed, with the option to extend for two additional years, or up to $6,250,000,
whichever occurs first. 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 each of the consultants will not exceed $6,250,000, including
all sub consultant and reimbursable costs. The total fee for all services will not exceed
$12.5 million.

Funding is available in the Aviation Department’s Capital Improvement Program and
Operating budgets. 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
Phoenix Sky Harbor International Airport - 2485 E. Buckeye Road.
Phoenix Deer Valley Airport - 702 W. Deer Valley Road.
Phoenix Goodyear Airport - 1658 S. Litchfield Road., Goodyear, Ariz.
Council Districts: 2, 8, and Out of City

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



Page 114



Report

Aviation Deicing Trailer- Request for Award (Ordinance S-49064)

Request to authorize the City Manager, or his designee, to complete a one-time
purchase with Wausau Equipment Company, Inc. (Wausau), for a TAD Series trailer
mounted runway deicer to support Phoenix Sky Harbor International Airport's (PHX)
Extreme Weather Program for the Aviation Department. Further request to authorize
the City Controller to disburse all funds related to this item. The total value of this
request will not exceed $160,000.

Summary
PHX provides critical infrastructure for both domestic and international airlines and
unpredictable weather incidents can significantly interrupt operations. Due to the
effects of climate change and unpredictable climate patterns, PHX has developed the
Extreme Weather Program in order to more efficiently respond to potential extreme
winter weather conditions. The purchase price also includes staff training and a two-
year equipment warranty.

Procurement Information
PHX recently issued a total of two Invitations for Bids, however the bids were
cancelled due to the bidders' inability to meet the equipment specifications and
delivery time frame respectively. Wausau is the only vendor that can manufacture and
deliver the deicing trailer with manual booms within PHX requested timeline to support
Super Bowl operations.

In accordance with AR 3.10, standard competition was waived as a result of an
approved Determination Memo based on the following reason: Special Circumstances
Without Competition-One Time Contract-Due to Time Restrictions.

Contract Term
A one-time purchase order (PO) will be issued upon Council approval.

Financial Impact
The one-time PO value will not exceed $160,000.

Funding is available in the Aviation Department's budget.


Page 115


Location
Phoenix Sky Harbor International Airport, 2485 E Buckeye Road, Phoenix, AZ 85034
Council District: 8

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




Page 116



Report

Amendment to Executive Hangar Lease 152807 with Salt River Project at
Phoenix Sky Harbor International Airport (Ordinance S-49070)

Request to authorize the City Manager, or his designee, to amend Executive Hangar
Lease152807 with Salt River Project Agricultural Improvement and Power District
(SRP) to add executive hangar 10 to the premises at Phoenix Sky Harbor International
Airport.

Summary
On March 1, 2020 SRP entered into Executive Hangar Lease 152807 for executive
hangar 11. The term for Executive Hangar Lease 152807 terminates on Feb. 29, 2024.
SRP has purchased a new aircraft and requires additional space and SRP is
requesting to lease executive hangar 10 to store the additional aircraft by amending
the premises.

Contract Term
This amendment will add executive hangar 10 to the premises of Executive Hangar
Lease 152807, which is scheduled to expire on Feb. 29, 2024. All other terms and
conditions of the lease will remain the same.

Financial Impact
Rent for this amendment will increase approximately $30,364.32 per year ($2,530.36
per month). Rent will be adjusted annually based on the Consumer Price Index (CPI)
for Phoenix-Mesa-Scottsdale. Expected occupancy will be 15 months total. The total
estimated revenue will be $37,955.40.

Concurrence/Previous Council Action
The City Council approved:
· Executive Hangar Lease 152807 (Ordinance S-46072) on October 2, 2019

The Phoenix Aviation Advisory Board recommended this item for approval on
September 15, 2022, by a vote of 6-0.

Location
Phoenix Sky Harbor International Airport - 2527 E. Air Lane, Phoenix, Arizona 85034


Page 117

Council District: 8

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




Page 118



Report

Fairmount Corporation Real Estate and Investments Ground Lease (Ordinance S
-49072)

Request to authorize the City Manager, or his designee, to enter into a ground lease
with Fairmount Corp. Real Estate and Investments for Aviation Department owned
parcel at 1520 East Apache St. Further request to authorize the City Treasurer to
accept all funds related to the ground lease.

Summary
Fairmount Corp. Real Estate and Investments (Fairmount) owns land west of Phoenix
Sky Harbor International Airport that envelops the Aviation Department owned parcel
at 1520 East Apache St. on three sides. Fairmount wishes to lease approximately
6,893 square feet of land on this parcel to increase available automobile parking for
their property.

Contract Term
The term of the lease will be three years from the date of execution. Provisions of the
contract will include two one-year options to extend the term at the sole discretion of
the Aviation Director.

Financial Impact
Annual rent for the first year of the term will be $7,238. Rent will be annually adjusted
according to the Phoenix-Mesa-Scottsdale Consumer Price Index. Total anticipated
revenue, if all options are exercised, is approximately $36,190.

Concurrence/Previous Council Action
This item was approved by the Phoenix Aviation Advisory Board on September 15,
2022 by a vote of 6-0.

Location
1520 East Apache St.
Council District: 8

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

Page 119



Report

Westwind School of Aeronautics, Phoenix, LLC Lease Amendment (Ordinance S-
49073)

Request to authorize the City Manager, or his designee, to amend Westwind School of
Aeronautics, Phoenix, LLC (Westwind) Lease 145025 to add additional land for two
parking lots at Phoenix Goodyear Airport (GYR).

Summary
Westwind operates a pilot training facility at GYR. Westwind is increasing the number
of students enrolled in their flight training program and requires additional automobile
parking to accommodate more students. The additional parking consists of
approximately 91,626 square feet and will be located on two vacant lots that are
contiguous with the Westwind campus.

Contract Term
The amendment will add land for the parking lots to Westwind Lease 145025 for the
remaining term of the lease which expires on Feb. 29, 2032. A provision of the lease
includes one five-year option to extend the term to Feb. 28, 2037 at the sole discretion
of the Aviation Director.

Financial Impact
Annual rent for the land for the parking lots for the first year will be $29,320, and will
increase annually per the Phoenix-Mesa-Scottsdale Consumer Price Index. Total
anticipated revenue, if the option is exercised, is approximately $439,800.

Concurrence/Previous Council Action
The City Council approved Lease 145025 (Ordinance S-43184) on Jan. 25, 2017.
This item was approved by the Phoenix Aviation Advisory Board on Sept. 15, 2022 by
a vote of 6-0.

Location
Phoenix Goodyear Airport, 1658 South Litchfield Road, Goodyear, Ariz.

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

Page 120



Report

Materials Recovery Facility Operations and Materials Marketing - Requirements
Contract - RFP 23-SW-006 (Ordinance S-49059)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Balcones Resources, Inc. to provide the Public Works Department with operation
and maintenance of the North Gateway and the 27th Avenue Material Recovery
Facilities (MRFs) and marketing of recovered materials for a five-year period
commencing on or about Feb. 1, 2023, for North Gateway and Sept. 1, 2023, for 27th
Avenue. Further request to authorize the City Controller to disburse all funds and City
Treasurer to accept all funds related to this agreement over the life of the contract.

Summary
The Contractor’s obligation will be to operate the City’s North Gateway and 27th
Avenue MRFs. This includes processing single stream recycling to meet market
specifications and creating economic value by marketing, selling, and shipping the
recyclable material (commodities) to various markets. Currently, approximately
130,000 tons of recyclables are processed annually. The material processed at these
sites are received from the City’s curbside recycling program, City facilities and other
municipalities. The commodities include aluminum, steel cans, various plastics, mixed
glass, cardboard, and paper. The contractor will also maintain the MRF equipment and
provide all staffing, materials, supplies, and equipment required of MRF operations.

Procurement Information
Request for Proposal (RFP) 23-SW-006 was conducted in accordance with
Administrative Regulation 3.10. Five proposals were received on July 13, 2022. The
offers were evaluated by a panel that included representation from the Public Works
Department, City of Tucson, and City of Glendale. The offers were evaluated based on
criteria set forth in the RFP with 1,000 maximum points possible.

Allied Waste Systems, Inc., Republic Services: 736 points
Balcones Resources, Inc.: 873 points
CellMark, Inc.: 735 points
GFL Environmental/Transit Waste, LLC: 811 points
Recology, Inc.: 827 points



Page 121

The evaluation panel recommends the offer from Balcones Resources, Inc. to be
accepted as the responsive and responsible offer with the highest point value
received.

Contract Term
The term of this contract is for five years and will commence on or about Feb. 1, 2023,
for North Gateway and Sept. 1, 2023, for 27th Avenue. Provisions of the contract
include an option to extend the term up to five years, to be taken in one-year
increments, which may be exercised by the City Manager or designee.

Financial Impact
The estimated operating cost over the 10-year contract is approximately $158,903,000
based on historical trends and highest forecasted processing rate, and it also assumes
tonnage growth and CPI adjustments. Revenue will be generated by the sale of
commodities, which will fluctuate depending on market conditions. Actual usage, fees,
and revenues from this contract may be higher or lower depending on recycling
tonnage collected and commodities markets.

Funding is available in the Public Works Department's budget.

Location
North Gateway MRF - 30205 N. Black Canyon Highway
27th Avenue MRF - 3060 S. 27th Ave.
Council Districts: 2 and 7

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.




Page 122



Report

Fire Alarm - Job Order Contracting Services Contracts (Ordinance S-49045)

Request to authorize the City Manager, or his designee, to enter into separate master
agreements with four contractors to provide Fire Alarm Job Order Contracting Services
for departments citywide. Further request to authorize execution of amendments to the
agreements as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The total fee for services will not exceed $32 million.

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 relating to the
development, design, and construction of the project. Such utility services include, but
are not limited to: electrical; water; sewer; natural gas; telecommunications; cable
television; railroads; and other modes of transportation. Further request the City
Council to grant an exception pursuant to Phoenix 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 State of Arizona (State) has completed a procurement process to select four Job
Order Contractors (JOC) to provide Fire Alarm Services throughout the Phoenix Area.
The City of Phoenix (City) would like to enter into a cooperative use agreement to
utilize the solicitation. The four contractors are 1. Hiller Companies, Inc. dba American
Fire Equipment Sales & Service Corporation, 2. CopperState Fire Protection, 3.
Firetrol Protection Systems, Inc., and 4. Atlas Fire Company, LLC.

The Contractors’ services will be used on an as-needed basis and include, but are not
limited to: assessment, design, procurement and installation of new
intelligent/addressable fire alarm systems; and replacing or upgrading existing fire
alarm systems in occupied buildings.

Procurement Information
These cooperative agreements will allow the City to utilize Fire Alarm JOC Services


Page 123

and benefit from rates already negotiated with the contractors, thereby providing a
better cost for construction services to the City.

Contract Term
The term of each master agreement is for up to five years, or up to $8 million,
whichever occurs first. Work scope identified and incorporated into the master
agreement prior to the end of the term may be agreed to by the parties, and work may
extend past the termination of the master agreement. No additional changes may be
executed after the end of the term.

Financial Impact
The master agreement value for each of the JOC contractors will not exceed $8
million, including all subcontractor and reimbursable costs. The total fee for services
will not exceed $32 million.

Request to authorize the City Manager, or his designee, to execute job order
agreements performed under these master agreements for up to $2 million each. In no
event will any job order agreement exceed this limit without Council approval to
increase the limit.

Funding is available in the citywide departments' Capital Improvement Program and
Operating budgets. The Budget and Research Department will review and approve
funding availability prior to issuance of any job order agreement. Payments may be
made up to agreement limits for all rendered agreement services, which may extend
past the agreement termination.

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




Page 124



Report

Public Transit Department Light Rail Extension Construction Administration and
Inspection On-Call Services for Calendar Years 2023-27 (Ordinance S-49050)

Request to authorize the City Manager, or his designee, to enter into separate
agreements with eight selected consultants, as identified in Attachment A, to provide
Construction Administration and Inspection On-Call services for multiple light rail
extension projects. Further request to authorize execution of amendments to the
agreements as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.

Concurrent with these requests, the City is separately seeking authority under another
agenda item to enter into consultant agreements to provide Materials Testing On-Call
services for multiple light rail extension projects in Calendar Years 2023-27. The total
fee for On-Call services from the combination of all these consultant agreements for
Materials Testing and Construction Administration and Inspection will not exceed $55
million in aggregate.

Additionally, request to authorize the City Manager, or his designee, to take all action
deemed necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services relating to the
development, design, and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunications, cable
television, railroads, and other modes of transportation. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion, within 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 provide Construction Administration and Inspection
services on an as-needed basis for the following light rail extensions: Light Rail South
Central Extension/Downtown Hub; Light Rail Northwest Extension Phase II; and future
location, Capitol Extension. Phoenix may include additional future light rail extensions
for these services.


Page 125


The On-Call consultants will be responsible for providing Construction Administration
and Inspection services that include, but are not limited to: representation on behalf of
the City of Phoenix for full range of civil and water inspection services during the
construction phase to ensure compliance with City of Phoenix, Maricopa County and
Valley Metro standards, policies and guidelines. Inspections will include roadway, alley,
water, sewer, dry utilities, landscape and irrigation, irrigation facilities, storm drain,
retentions, embankments, earthwork, trenching, grading, soil treatments, masonry,
structural steel, bridge/structures, sidewalk, ADA ramps, curb and gutter, driveways,
and temporary traffic control for compliance to applicable standards.

Current locations are:
· South Central Extension/Downtown Hub; approximately 5.5 miles of new guideway
that will provide a mass transit option for residences, businesses and visitors to gain
access to and from the South-Central community.
· Northwest Extension Phase II; approximately 1.5 miles of new guideway that will
extend the light rail west, bridging the gap between the east and west valley.

Future locations are:
· Capitol Extension; approximately 1.4 miles of new guideway that will extend the
light rail west to the Arizona State Capitol.
· Future light rail extensions may be identified and included in services.

This project may utilize federal funds and is subject to the requirements of 49 Code of
Federal Regulations (CFR) Part 26, the U.S. Department of Transportation
Disadvantaged Business Enterprise Program, and FTA Circular 4220.1F.

Procurement Information
The selections were made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Twelve firms submitted proposals
and are listed in Attachment A, which also identifies the eight selected firms.

Contract Term
The agreements will begin on or about Nov. 1, 2022 with each having a term of up to
five years. Work scope identified and incorporated into the agreement prior to the end
of the term may be agreed to by the parties, and work may extend past the termination
of the agreement. No additional changes may be executed after the end of the term.



Page 126

Financial Impact
The cost for all agreements of the Construction Administration and Inspection On-Call
consultants, combined with the cost for all agreements of the Material Testing On-Call
consultants that the City is concurrently seeking authority to enter by a separate
agenda item, will not exceed $55 million in aggregate, including all subconsultant and
reimbursable costs.

Funding is available in the Public Transit Department's Capital Improvement Program
budget. The Budget and Research Department will review and approve funding
availability prior to issuance of any on-call task order of $100,000 or more. Payments
may be made up to agreement limits for all rendered agreement services, which may
extend past the agreement termination.

Location
Council Districts: 1, 3, 5, 7 and 8

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




Page 127
ATTACHMENT A


Selected Firms
Rank 1: Consultant Engineering, Inc.
Rank 2: Tristar Engineering & Management, Inc.
Rank 3: Infenix, LLC
Rank 4: Consor Engineers, LLC
Rank 5: WSP USA Inc.
Rank 6: Wood, Patel & Associates, Inc.
Rank 7: Trace Consulting, LLC
Rank 8: Entellus, Inc.

Additional Proposers
Rank 9: PGH Wong Engineering, Inc.
Rank 10: Quality Testing, L.L.C.
Rank 11: Cass Cura, LLC
Rank 12: 4Leaf, Inc.




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Report

Public Transit Department Light Rail Extension Materials Testing On-Call
Services for Calendar Years 2023-27 (Ordinance S-49051)

Request to authorize the City Manager, or his designee, to enter into separate
agreements with eight selected consultants, as identified in Attachment A, to provide
Materials Testing On-Call services for multiple light rail extension projects. Further
request to authorize execution of amendments to the agreements as necessary within
the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item.

Concurrent with these requests, the City is separately seeking authority under another
agenda item to enter into consultant agreements to provide Construction
Administration and Inspection On-Call services for multiple light rail extension projects
in Calendar Years 2023-27. The total fee for On-Call services from the combination of
all these consultant agreements for Materials Testing and Construction Administration
and Inspection will not exceed $55 million in aggregate.

Additionally, request to authorize the City Manager, or his designee, to take all action
deemed necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services relating to then
development, design, and construction of the project Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunications, cable
television, railroads, and other modes of transportation. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion, within 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 provide Materials Testing services on an as-needed
basis for the following light rail extensions: Light Rail South Central
Extension/Downtown Hub; Light Rail Northwest Extension Phase II; and future
location, Capitol Extension. Phoenix may include additional future light rail extensions
for these services.


Page 129


The On-Call consultants will be responsible for providing Materials Testing services
that include, but are not limited to: geotechnical investigations, geotechnical and
materials testing; laboratory and field testing of soil, concrete and asphalt; plant
inspections; analyses and preparation of reports; and daily oversight to ensure
compliance with City of Phoenix, Maricopa County and Valley Metro standards,
policies and guidelines.

Materials field testing will include roadway, alley, water, sewer, dry utilities, landscape
and irrigation, irrigation facilities, storm drain, retentions, embankments, earthwork,
trenching, grading, soil treatments, masonry, structural steel, bridge/structures,
sidewalk, ADA ramps, curb and gutter and driveways for compliance with standard
details, specifications and approved plans.

Current locations are:
· South Central Extension/Downtown Hub; approximately 5.5 miles of new guideway
that will provide a mass transit option for residences, businesses and visitors to gain
access to and from the South-Central community.
· Northwest Extension Phase II; approximately 1.5 miles of new guideway that will
extend the light rail west, bridging the gap between the east and west valley.

Future locations are:
· Capitol Extension; approximately 1.4 miles of new guideway that will extend the
light rail west to the Arizona State Capitol.
· Future light rail extensions may be identified and included in services.

This project may utilize federal funds and is subject to the requirements of 49 Code of
Federal Regulations (CFR) Part 26, the U.S. Department of Transportation
Disadvantaged Business Enterprise Program, and FTA Circular 4220.1F.

Procurement Information
The selections were made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Thirteen firms submitted
proposals and are listed in Attachment A.

Contract Term
The term of each agreement will begin on or about Nov. 1, 2022 and will have a term
of up to five years. Work scope identified and incorporated into the agreement prior to


Page 130

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 cost for all agreements of the Material Testing On-Call consultants, combined with
the cost for all agreements of the Construction Administration and Inspection On-Call
consultants that the City is concurrently seeking authority to enter by a separate
agenda item, will not exceed $55 million in aggregate, including all subconsultant and
reimbursable costs.

Funding is available in the Public Transit Department's Capital Improvement Program
budget. The Budget and Research Department will review and approve funding
availability prior to issuance of any on-call task order of $100,000 or more. Payments
may be made up to agreement limits for all rendered agreement services, which may
extend past the agreement termination.

Location
Council Districts: 1, 3, 5, 7 and 8

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




Page 131
ATTACHMENT A


Selected Firms
Rank 1: Quality Testing, L.L.C.
Rank 2: Wood Environment & Infrastructure Solutions, Inc.
Rank 3: Ninyo & Moore Geotechnical and Environmental Sciences
Consultants Inc.
Rank 4: Alta CMTI, LLC dba Alta Arizona
Rank 5: Speedie & Associates, LLC
Rank 6: Terracon Consultants, Inc.
Rank 7: Western Technologies, Inc.
Rank 8: Smith & Annala Engineering Co.

Additional Proposers
Rank 9: ACS Services L.L.C.
Rank 10: Hoque & Associates, Inc.
Rank 11: Olsson, Inc.
Rank 12: Professional Service Industries, Inc.
Rank 13: Fenagh LLC dba Fenagh Engineering and Testing




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Report

Citywide Engineering On-Call Services for Calendar Years 2023-24 (Ordinance S-
49068)

Request to authorize the City Manager, or his designee, to enter into separate
agreements with the 60 consultants on Attachment A, to provide Engineering On-Call
services citywide. Further request to authorize execution of amendments to the
agreements as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The total fee for services will not exceed $72 million.

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 relating to the
development, design, and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunications, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion in the documents pertaining to this transaction of indemnification and
assumption of liability provisions that otherwise should be prohibited by Phoenix City
Code 42-18. This authorization excludes any transaction involving an interest in real
property.

Summary
The On-Call consultants will be responsible for providing On-Call Engineering services
that include, but are not limited to: studies, plan review, special inspections,
programming, master plans, design, construction document development (plans,
specifications and cost estimates), and construction administration and inspection
services.

Procurement Information
The selections were made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. 112 firms submitted proposals
and are listed in Attachment A.


Page 133


Contract Term
The term of each agreement will begin on or about Nov. 1, 2022 with a term of up to
two years or up to $1.2 million, whichever occurs first. 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 values for each of the On-Call consultants will not exceed $1.2 million,
including all subconsultant and reimbursable costs. The total fee for all services will not
exceed $72 million.

Funding is available in the citywide departments' Capital Improvement Program and
Operating budgets. The Budget and Research Department will review and approve
funding availability prior to issuance of any On-Call task order of $100,000 or more.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.

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




Page 134
ATTACHMENT A


Complete Streets Three Firms Selected
Rank 1: Alta Planning + Design, Inc.
Rank 2: Toole Design Group, LLC
Rank 3: Nelson Nygaard Consulting Associates, Inc.

Construction Project Management Three Firms Selected
Rank 1: Consultant Engineering, Inc.
Rank 2: Tristar Engineering and Management, Inc.
Rank 3: Ardurra, Inc.

Data Science One Firm Selected
Rank 1: Stantec Consulting Services, Inc.

Electrical Two Firms Selected
Rank 1: Affiliated Engineers, Inc.
Rank 2: CR Engineers, Inc.

Energy Two Firms Selected
Rank 1: Wendel WD Architecture, Engineering, Surveying & Landscape
Architecture, PC
Rank 2: WHPacific, Inc.

Fire/Life Safety One Firm Selected
Rank 1: Fisher Engineering, Inc.

General Civil Fifteen Firms Selected
Rank 1: Entellus, Inc.
Rank 2: Dibble & Associates Consulting Engineers, Inc. dba Dibble
Rank 3: AECOM Technical Services, Inc.
Rank 4: AZTEC Engineering Group, Inc.
Rank 5: Gannett Fleming, Inc.
Rank 6: Engineering Alliance, Inc.
Rank 7: Kimley-Horn and Associates, Inc.
Rank 8: Olsson, Inc.
Rank 9: Jacobs Engineering Group, Inc.
Rank 10: Kittelson & Associates, Inc.
Rank 11: Ethos Engineering, L.L.C.



Page 135
Rank 12: TRACE Consulting, LLC
Rank 13: Michael Baker International, Inc.
Rank 14: Wilson & Company, Inc., Engineers & Architects
Rank 15: Sunrise Engineering, Inc.

Landscape Architect Three Firms Selected
Rank 1: J2 Engineering and Environmental Design, LLC
Rank 2: Gavan and Barker, Inc.
Rank 3: Thomas + Crowley, LLC

Mechanical Plumbing Two Firms Selected
Rank 1: LSW Engineers Arizona, Incorporated
Rank 2: GLHN Architects and Engineers, Inc.

Public Information Two Firms Selected
Rank 1: Your Project Marketing and Outreach, LLC
Rank 2: Gunn Communications, Inc.

Structural Four Firms Selected
Rank 1: Caruso Turley Scott, Inc.
Rank 2: Point Engineers, LLC
Rank 3: T.Y. Lin International, Inc.
Rank 4: Advanced Structural Engineering, Inc.

Survey Three Firms Selected
Rank 1: Wood, Patel & Associates, Inc.
Rank 2: CVL Consultants, Inc.
Rank 3: ALTA Survey, LLC dba Alta Arizona

Traffic Engineering Four Firms Selected
Rank 1: Lee Engineering, LLC
Rank 2: Y2K Engineering, LLC
Rank 3: WSP USA Inc.
Rank 4: Y.S. Mantri & Associates, LLC


Water/Wastewater Fifteen Firms Selected
Rank 1: Wilson Engineers, LLC
Rank 2: Carollo Engineers, Inc.
Rank 3: Black & Veatch Corporation



Page 136
Rank 4: Brown and Caldwell, Inc.
Rank 5: EIC Engineers, LLC
Rank 6: Arcadis U.S., Inc.
Rank 7: GHD Inc.
Rank 8: Oz Engineering, LLC
Rank 9: Greeley and Hansen LLC
Rank 10: Project Engineering Consultants, LLC
Rank 11: HDR Engineering, Inc.
Rank 12: Wood Environment & Infrastructure Solutions, Inc.
Rank 13: Hazen and Sawyer, P.C.
Rank 14: Narasimhan Consulting Services Inc. dba NCS Engineers
Rank 15: Engineering and Environmental Consultants, Inc.

Additional Proposers
Rank 61: Avenue Consultants, Inc.
Rank 62: Bernhard TME, LLC
Rank 63: Buehler Engineering, Inc.
Rank 64: C&S Engineers, Inc.
Rank 65: CA Group Arizona, Inc.
Rank 66: Canfield Engineering and Integrations, LLC
Rank 67: CDM Smith, Inc.
Rank 68: CivTech Inc.
Rank 69: EEA Consulting Engineers, Inc.
Rank 70: Electric Energy Systems Engineering, LLC
Rank 71: Environmental Planning Group, Inc.
Rank 72: EPS Group, Inc.
Rank 73: FB3E Consulting Services, LLC
Rank 74: Fenagh, LLC dba Fenagh Engineering and Testing
Rank 75: Garver, LLC
Rank 76: Greenlight Traffic Engineering, LLC
Rank 77: GroTrans Engineering, LLC
Rank 78: Harrington Planning + Design, Inc.
Rank 79: Holistic Engineering and Land Management, Inc.
Rank 80: Horrocks Engineers, Inc.
Rank 81: Huitt-Zollars, Inc.
Rank 82: IMEG Corp.
Rank 83: Jensen Hughes, Inc.
Rank 84: Kennedy Jenks Consultants, Inc.
Rank 85: Kitchell Corporation
Rank 86: Lloyd Consulting Group, LLC dba Lloyd Sports and Engineering



Page 137
Rank 87: Logan Simpson Design, Inc. dba Logan Simpson
Rank 88: Lokahi, LLC
Rank 89: Mark Taylor, Inc.
Rank 90: Martin White and Griffis Structural Engineers, Inc.
Rank 91: McKinstry Essention, LLC
Rank 92: Mead & Hunt, Inc.
Rank 93: Meyer Borgman & Johnson, Inc.
Rank 94: Parsons Transportation Group, Inc.
Rank 95: Pearson Engineering Associates, Incorporated
Rank 96: Primatech, LLC
Rank 97: Professional Service Industries, Inc.
Rank 98: Quantum Integrated Solutions, Inc.
Rank 99: Red Brick Consulting, Inc.
Rank 100: Rick Engineering Company, Inc.
Rank 101: Rider Levett Bucknall, LTD
Rank 102: RVI Planning + Landscape Architecture, Inc.
Rank 103: Sazan Group, Inc.
Rank 104: Spectrum Engineers, Inc.
Rank 105: Stanley Consultants, Inc.
Rank 106: Strand Associates, Inc.
Rank 107: Tetra Tech, Inc.
Rank 108: The RMH Group Inc.
Rank 109: Vanir Construction Management, Inc.
Rank 110: Water Works Engineers, LLC
Rank 111: Westland Resources, Inc.
Rank 112: Wright Engineering Corporation




Page 138



Report

Street Transportation Department Subsurface Utility Excavation - 2-Step Job
Order Contracting Services - 4108JOC210 (Ordinance S-49075)

Request to authorize the City Manager, or his designee, to enter into separate master
agreements with two contractors to provide Subsurface Utility Excavation 2-Step Job
Order Contracting services citywide. Further request to authorize execution of
amendments to the agreements as necessary within the Council-approved expenditure
authority as provided below, and for the City Controller to disburse all funds related to
this item. The total fee for services will not exceed $5 million.

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 relating to the
development, design, and construction of the project. Such utility services include, but
are not limited to, electrical, water, sewer, natural gas, telecommunications, cable
television, railroads and other modes of transportation. Further request the City
Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion in the documents pertaining to this transaction of indemnification and
assumption of liability provisions that otherwise should be prohibited by Phoenix City
Code 42-18. This authorization excludes any transaction involving an interest in real
property.

Summary
The Contractors' services will be used on an as-needed basis to provide Job Order
Contracting (JOC) services for subsurface utility excavation. Additionally, the JOC
contractors will be responsible for fulfilling Small Business Enterprise program
requirements.

Procurement Information
The selections were made using a two-step qualifications and price-based selection
process set forth in section 34-604 of the Arizona Revised Statutes (A.R.S.). In
accordance with A.R.S. section 34-604(H), the City may not publicly release
information on proposals received or the scoring results until an agreement is
awarded. Four firms submitted proposals and are listed below.



Page 139

Selected Firms
Rank 1: AZTEC Engineering Group, Inc.
Rank 2: T2 UES, Inc.

Additional Proposers
Rank 3: Cobb, Fendley & Associates, Inc.
Rank 4: Horrocks Engineers, Inc.

Contract Term
The term of each master agreement is for up to five years, or up to $2.5 million,
whichever occurs first. Work scope identified and incorporated into the master
agreement prior to the end of the term may be agreed to by the parties, and work may
extend past the termination of the master agreement. No additional changes may be
executed after the end of the term.

Financial Impact
The master agreement value for each of the JOC contractors will not exceed $2.5
million, including all subcontractor and reimbursable costs. The total fee for all services
will not exceed $5 million. The value for each job order agreement performed under
this master agreement will be up to $1 million each. In no event will any job order
agreement exceed this limit without Council approval to increase the limit.

Funding is available in the citywide departments' Capital Improvement Program and
Operating budgets. The Budget and Research Department will review and approve
funding availability prior to issuance of any job order agreement. Payments may be
made up to agreement limits for all rendered agreement services, which may extend
past the agreement termination.

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




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Report

Hot Mix Asphalt Products - RFQu 18-206 - Amendment (Ordinance S-49048)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 147410 with Vulcan Materials Company for the purchase
of hot mix asphalt products for the Street Transportation and Aviation Departments.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $1,025,000.00.

Summary
This contract provides hot mix asphalt products for use by the Street Transportation
and Aviation Departments. Additional funds are required due to a price increase in
asphalt materials. The additional funds will enable the City to continue paving projects
and critical maintenance and repair of paved surfaces.

Contract Term
The contract term remains unchanged, ending on April 30, 2023.

Financial Impact
Upon approval of $1,025,000.00 in additional funds, the revised aggregate value of the
contract will not exceed $12,257,500.00. Funds are available in the Street
Transportation and Aviation Departments' budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Hot Mix Asphalt Products - Contract 147410 (Ordinance S-44479) on April 18, 2018

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




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Report

State Fair Towing - RFQ 18-129 - Amendment (Ordinance S-49065)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 148443 with Western Towing of Phoenix, Inc. dba
Western Towing for Arizona State Fair towing services for the Police Department.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $30,000.

Summary
This contract will provide the Police Department towing services to relocate vehicles or
property from illegal parking areas for the Arizona State Fair. The Arizona State Fair is
held annually during the months of September and October. Additional funds are being
requested, as the actual need for services has been greater than originally estimated
and the length of the 2022 Arizona State Fair has been extended by one week. This
service is essential to enforce the mandated Arizona Revised Statutes, Phoenix City
Codes, and departmental policies to tow vehicles.

Contract Term
The contract term remains unchanged, ending on Sept. 30, 2023.

Financial Impact
Upon approval of $30,000 in additional funds, the revised aggregate value of the
contract will not exceed $125,000. Funds are available in the Police Department's
budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• State Fair Towing - Contract 148443 (Ordinance S-44984) on Sept. 19, 2018;
• State Fair Towing - Contract 148443 (Ordinance S-48297) on Feb. 2, 2022.

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




Page 142



Report

Authorization to Enter into an Agreement with Salt River Valley Water Users'
Association and Salt River Project Agricultural Improvement and Power District
and Others for Accounting and Delivery of Water Made Available in the Modified
Roosevelt Dam Flood Control Space (Ordinance S-49054)

Request to authorize the City Manager, or his designee, to enter into an agreement
among Salt River Valley Water Users' Association; Salt River Project Agricultural
Improvement and Power District; and the Arizona cities of Avondale, Chandler,
Glendale, Mesa, Peoria, Scottsdale, and Tempe: Town of Gilbert; Roosevelt Water
Conservation District; Buckeye Water Conservation and Drainage District; Roosevelt
Irrigation District; the Salt River Pima-Maricopa Indian Community, a sovereign tribe
located in the Phoenix metropolitan area; and Freeport Minerals Corporation for
Accounting and Delivery of Water Made Available in the Modified Roosevelt Dam
Flood Control Space under a temporary deviation to the Water Control Plan. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the agreement will not exceed $26,000.
Summary
The parties are entities that are entitled to use spill water from Roosevelt Dam on the
Salt River. The parties are proposing a change to the Water Control Plan that governs
operations of the flood control space at Roosevelt Dam. The proposed changes to the
Water Control Plan contemplate planned instances to allow deviations from normal
dam regulation in order to maximize reservoir and water use. Under provisions of
section 7-14(c) or the Water Control Plan and section 7 of the Water Control
Agreement, Salt River Project (SRP), Reclamation, and the Corps of Engineers
developed a planned deviation wherein SRP, among other things, is authorized to
extend the evacuation period for water entering the first five feet of the Flood Control
Space on a five-year pilot basis. By extending the evacuation period, the participating
entities will have greater access to use flood waters impounded behind Roosevelt
Dam. Phoenix will have access to the largest volume of 18.41 percent.

Contract Term
The agreement will begin on or about Oct. 1, 2022 for the length of the pilot project, or
five years and 120 days, whichever is shorter.




Page 143

Financial Impact
The aggregate value of the agreement is not to exceed $26,000.

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

Location
Outside of the City

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




Page 144



Report

Settlement Agreement with Connect 202 Partners, LLC, for Water Main Cathodic
Protection Associated with the SR202 Construction (Ordinance S-49056)

Request to authorize the City Manager, or his designee, to enter into a Settlement
Agreement with Connect 202 Partners, LLC, to resolve a water main cathodic
protection issue associated with the State Route 202 South Mountain Freeway Project.
Further request to authorize the City Treasurer to accept all funds related to this item.
The City will be paid in the amount of $47,500.

Summary
The South Mountain Freeway Project installed a water main with cathodic protection
along Liberty Lane from Desert Foothills Parkway to approximately 20th Way. The
water main will require ongoing inspection and monitoring. Connect 202 Partners will
pay the Water Services Department $47,500 to resolve issues related to the cathodic
protection and otherwise discharge any potential claims.

Contract Term
The agreement will begin on or about Oct. 15, 2022, with the money to be paid to the
City within five days of the effective date.

Financial Impact
The City will be paid in the amount of $47,500.

Location
Liberty Lane from Desert Foothills Parkway to 20th Way.
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




Page 145



Report

***ITEM CORRECTED (SEE ATTACHED MEMO)*** Modification of Stipulation
Request for Ratification of July 20, 2022 Planning Hearing Officer Action - PHO-1
-22--Z-58-04-1 - Approximately 550 Feet South of the Southwest Corner of 43rd
Avenue and Cactus Road

Request to authorize the City Manager, or his designee, to approve Planning
Commission recommendation without further hearing by the City Council on matters
heard by the Planning Hearing Officer on July 20, 2022 and the Planning Commission
on Sept. 1, 2022. This ratification requires formal action only.

Summary
Application: PHO-1-22--Z-58-04-1
Existing Zoning: C-O (Approved C-1)
Acreage: 1.08

Owner: Benjamin and Corina Covaciu
Applicant: Daniel Istrate, Kontexture LLC
Representative: Daniel Istrate, Kontexture LLC

Proposal:
1. Modification of Stipulation 1 regarding general conformance with the site plan date
stamped May 24, 2004, and elevations date stamped July 7, 2004.
2. Deletion of Stipulation 4 regarding parking lot landscaping.
3. Technical corrections for Stipulations 2 and 3.

Concurrence/Previous Council Action
VPC Action: The North Mountain Village Planning Committee heard this case on May
18, 2022, and recommended denial, by a vote of 13-2.
PHO Action: The Planning Hearing Officer heard this case on June 15, 2022, and
continued the case. The Planning Hearing Officer heard this case again on July 20,
2022, and recommended approval with a modification and an additional stipulation.
Staff Recommendation: Approval, with a modification and an additional stipulation, as
recommended by the Planning Hearing Officer.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the Planning Hearing Officer recommendation with an


Page 146

additional stipulation, by a vote of 7-0. See Attachment A (Stipulations) for the list of
Planning Commission recommended stipulations.

Location
Approximately 550 feet south of the southwest corner of 43rd Avenue and Cactus
Road.
Council District: 1
Parcel Address: 11990 N. 43rd Ave.

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




Page 147
To: Alan Stephenson Date: October 10, 2022
Deputy City Manager

From: Joshua Bednarek
Planning and Development Deputy Director

Subject: CORRECTION TO ITEM 75 (PHO-1-22-Z-58-04-1) ON THE OCTOBER 12, 2022
FORMAL AGENDA – MODIFICATION OF STIPULATION REQUEST FOR
RATIFICATION OF JULY 20, 2022 PLANNING HEARING OFFICER -
APPROXIMATELY 550 FEET SOUTH OF THE SOUTHWEST CORNER OF
43RD AVENUE AND CACTUS ROAD

Item 75, is a request to modify stipulations from rezoning case Z-58-04-1 on a 1.08-acre
site at approximately 550 feet south of the southwest corner of 43rd Avenue and Cactus
Road in Council District 1, zoned C-O (Approved C-1).

This memo deletes pages 150 & 151 in Attachment A to remove an inadvertently attached
legal description and ordinance location map.




Approved: ______________________________________
Alan Stephenson, Deputy City Manager
Attachment A

PHO-1-22—Z-58-04-1

Planning Commission Approved Stipulations:

1. That THE development shall be in general conformance with the site plan AND
ELEVATIONS date stamped JULY 20, 2022, May 24, 2004 and elevations date
stamped July 7, 2004 as approved or modified by the FOLLOWING
STIPULATIONS AND APPROVED BY THE PLANNING AND Development
Services Department.

2. That Four sided architecturEal shall be used on residential development.
Examples of the types of details to consider are French windows,
ornamentation in the gable area, garages setback to the rear of the house,
garage door windows, porches, 18 foot inch eaves, shutters, decorative framing
around the windows, windowsills, window fenestrations, balconies, lighting, and
other enhancements as approved by THE PLANNING AND Development
Services Department.

3. That Mature trees a minimum of 2-inch caliper spaced 20-feet on center or
equivalent groupings as approved by the PLANNING AND Development
Services Department SHALL be installed along the west side of Parcel B and
the south side of Parcel A in order to buffer the proposed commercial
development from proposed residential uses.

4. That mature trees a minimum of 2 inch caliper be placed in the three parking
islands and the two corners of the parking lot on the south side of Parcel B in
order to buffer the proposed commercial development from existing residential
uses.

4. That Right-of-way totaling 50 feet shall be dedicated for the south half of
5. Cactus Road.

5. That The developer shall construct all streets within and adjacent to the
6. 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.

6. That Construction vehicle access to the residential Parcel C shall be off of 43rd
7. Avenue or Cactus Road during the construction phase.

7. That Lot 1, and two of Lots 7, 8, 9 and 10, shall be limited to one story, for a
8. total of three lots being limited to one story.

8. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER


-1-
Page 148
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.

9. ENHANCED LANDSCAPING SHALL BE PROVIDED TO INCLUDE
COVERAGE ALONG THE SOUTH SIDE OF THE SITE TO ADDRESS
PRIVACY.




-2-
Page 149
EXHIBIT A

LEGAL DESCRIPTION FOR Z-43-A-98-2



THE LAND REFERRED TO HEREIN BELOW IS SITUATED CAVE CREEK, IN THE
COUNTY OF MARICOPA,
STATE OF ARIZONA, IN A PORTION OF SECTION 30, TOWNSHIP 5 NORTH,
RANGE 4 EAST, AND IS DESCRIBED AS FOLLOWS:

Lot 3, of TATUM PLAZA, according to Book 818 of Maps, page 16, records of Maricopa
County, Arizona.




-3-
Page 150
-4-




Page 151



Report

Final Plat - Deer Valley Business Center Buildings 5-6-7 - PLAT 210087 - West of
7th Avenue and North of Rose Garden Lane

Plat: 210087
Project: 21-1411
Name of Plat: Deer Valley Business Center Building 5-6-7
Owner: Sunbelt Rose Garden, L.P.
Engineer: James A. Brucci, RLS
Request: A 1 Lot Commercial Plat
Reviewed by Staff: Sept. 7, 2022
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located west of 7th Avenue and north of Rose Garden Lane.
Council District: 1

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




Page 152



Report

Street Name Change from 38th Avenue to Sandomir Way (Ordinance S-49069)

Request to authorize the City Manager, or his designee, to rename the segment of
38th Avenue between Wier Avenue and Roeser Road to Sandomir Way, based on a
request by the property owner, Laveen Elementary School District, whose property
fronts the affected street segment.

Summary
The Laveen Elementary School District No. 59 is requesting that the Phoenix City
Council change the street name from "38th Avenue" to "Sandomir Way" from Wier
Avenue to Roeser Road.

The portion of street being requested to rename is a segment of 38th Avenue that
lies between the south right-of-way line of Wier Avenue extending south to the north
right-of-way line of Roeser Road. A portion of this street was dedicated on the
MAURICE C. CASH ELEMENTARY SCHOOL subdivision plat on Feb. 24, 2011, in
Book 1078 of Maps, Page 05 in the official records of Maricopa County, Arizona.
Another portion of 38th Avenue was dedicated on the MARICOPA GARDEN
FARMS subdivision plat on Jan. 4, 1924, in Book 011 of Maps, Page 38 in the
official records of Maricopa County, Arizona. The remaining portion of 38th Avenue
was accepted by the Phoenix City Council in Ordinance S-10264 on Jan. 24, 1978.

This street naming assignment is in accordance with the City of Phoenix Street
Naming Process and the Maricopa County Association of Governments "Address
and Street Name Assignment Policy" requirements. The requestor, the Laveen
Elementary School District No. 59, owns the only property fronting the affected
street segment, so there are no other interested property owners. Pursuant to the
City policy the applicant presented for information only to the Laveen Village
Planning Committee and there were no individual concerns expressed by the
village members.

Location
38th Avenue from Wier Avenue to Roeser Road.
Council District: 7


Page 153


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




Page 154



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-49-22-1-2 -
Southwest Corner of 7th Street and Pinnacle Peak Road (Ordinance G-7029)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
from A-1 SP DVAO (Light Industrial District, Special Permit, Deer Valley Airport Overlay
District) and A-1 DVAO (Light Industrial District, Deer Valley Airport Overlay District) to
A-1 DVAO (Light Industrial District, Deer Valley Airport Overlay District) to remove the
existing Special Permit on a portion of the site and allow light industrial uses.

Summary
Current Zoning: A-1 SP DVAO and A-1 DVAO
Proposed Zoning: A-1 DVAO
Acreage: 7.36 acres
Proposal: Removal of Special Permit to allow light industrial uses

Owner: William Cox, Park View Lane 5, LLC
Applicant: Hawkeye Development, LLC
Representative: Clark Diepholz

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Deer Valley Village Planning Committee heard this case on Aug. 11,
2022, and recommended approval, per the staff recommendation, by a vote of 11-0.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the Deer Valley Village Planning Committee
recommendation, by a vote of 7-0.

Location
Southwest corner of 7th Street and Pinnacle Peak Road
Council District: 1 and 2
Parcel Address: 23100 and 23210 E. 7th St., and 675 E. Pinnacle Peak Road

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


Page 155
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-49-22-1-2) FROM A-1 SP DVAO (LIGHT
INDUSTRIAL DISTRICT, SPECIAL PERMIT, DEER VALLEY
AIRPORT OVERLAY DISTRICT) AND A-1 DVAO (LIGHT
INDUSTRIAL DISTRICT, DEER VALLEY AIRPORT OVERLAY
DISTRICT) TO A-1 DVAO (LIGHT INDUSTRIAL DISTRICT, DEER
VALLEY AIRPORT OVERLAY DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 7.36-acre property located at the southwest

corner of 7th Street and Pinnacle Peak Road in a portion of Sections 16 and 17,

Township 4 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby

changed from 2.20 acres of “A-1 SP DVAO” (Light Industrial District, Special Permit,

Deer Valley Airport Overlay District) and 5.16 acres of “A-1 DVAO” (Light Industrial

District, Deer Valley Airport Overlay District), to “A-1 DVAO” (Light Industrial District,

Deer Valley Airport Overlay District).




Page 156
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 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
south side of Pinnacle Peak Road and a minimum 10-foot-wide multi-use trail
(MUT) shall be constructed within the easement in accordance with the MAG
supplemental detail and as approved by the Planning and Development
Department. Where conflicts or restrictions exist, the developer shall work with
the Site Planning Section on an alternative design through the technical appeal
process.

2. The property owner shall record a Notice of Prospective Purchasers of
Proximity to Airport in order to disclose the existence, and operational
characteristics of Deer Valley Airport to future owners and tenants of the
property. The form and contents of such documents shall be according to the
templates and instructions provided which have been reviewed and approved
by the City Attorney.

3. 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.

4. 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.

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

6. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the




Page 157
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 12th day of October,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager




Page 158
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 159
EXHIBIT A

LEGAL DESCRIPTION FOR Z-49-22-1-2


Lot 9, of Pinnacle Peak Industrial, recorded in the official records of Maricopa County,
Arizona as book 1016 of maps, page 23. Located in the Northeast Quarter of Section
17, Township 04 North, Range 03 East of the Gila and Salt River Base Meridian,
Maricopa County, Arizona.




Page 160
Page 161



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-33-22-2 -
Southeast Corner of North Valley Parkway and Sonoran Desert Drive (Ordinance
G-7037)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-2 HGT/WVR NBCOD (Intermediate Commercial, Height Waiver, North Black
Canyon Overlay District) to C-2 HGT/WVR DNS/WVR NBCOD (Intermediate
Commercial, Height Waiver, Density Waiver, North Black Canyon Overlay District) to
allow multifamily residential.

Summary
Current Zoning: C-2 HGT/WVR NBCOD
Proposed Zoning: C-2 HGT/WVR DNS/WVR NBCOD
Acreage: 15.86 acres
Proposal: Multifamily Residential

Owner: Hedgegrow Land Holdings, LLC
Applicant: LGC
Representative: Jason Morris, Withey Morris, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The North Gateway Village Planning Committee heard this case on Aug.
11, 2022, and recommended approval, per the staff recommendation, by a vote of 6-0.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the North Gateway Village Planning Committee
recommendation, by a vote of 7-0.

Location
Southeast corner of North Valley Parkway and Sonoran Desert Drive
Council District: 2
Parcel Address: 2425 W. Sonoran Desert Drive

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

Page 162
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-33-22-2) FROM C-2 HGT/WVR NBCOD
(INTERMEDIATE COMMERCIAL, HEIGHT WAIVER, NORTH
BLACK CANYON OVERLAY DISTRICT) TO C-2 HGT/WVR
DNS/WVR NBCOD (INTERMEDIATE COMMERCIAL, HEIGHT
WAIVER, DENSITY WAIVER, NORTH BLACK CANYON
OVERLAY DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 15.86 acre property located at the southeast

corner of North Valley Parkway and Sonoran Desert Drive in a portion of Section 24,

Township 5 North, Range 2 East, as described more specifically in Exhibit “A,” is hereby

changed from “C-2 HGT/WVR NBCOD” (Intermediate Commercial, Height Waiver,

North Black Canyon Overlay District) to “C-2 HGT/WVR DNS/WVR NBCOD”

(Intermediate Commercial, Height Waiver, Density Waiver, North Black Canyon Overlay

District).




Page 163
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 be in general conformance with the site plan and
elevations date stamped July 12, 2022, as modified by the following
stipulations and approved by the Planning and Development Department.

2. The development shall utilize the R-5 Planned Residential Development option.

3. The maximum density for the project shall not exceed 22 dwelling units per
acre.

4. A minimum of four amenities shall be provided, such as a pool, ramadas, a
bicycle repair station, clubhouse, or similar element, as approved by the
Planning and Development Department.

5. 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.

6. The developer shall construct a minimum 5-foot-wide shared use path (SUP)
within a sidewalk easement along the east side of North Valley Parkway, as
approved by the Planning and Development Department. Where conflicts or
restrictions exist, the developer shall work with the Site Planning section on an
alternate design through the technical appeal process.

7. The developer shall dedicate a 30-foot-wide multi-use trail easement (MUTE)
along the south side of Sonoran Desert Drive and construct a minimum 10-
foot-wide multi-use trail (MUT) within the easement in accordance with the
MAG supplemental detail and as approved by the Planning and Development
Department. Where conflicts or restrictions exist, the developer shall work with
the Site Planning section on an alternate design through the technical appeal
process.

8. All uncovered surface parking lot areas shall be landscaped with minimum 2-




Page 164
inch caliper drought-tolerant shade trees. Landscaping shall be dispersed
throughout the parking area and achieve 25% shade at maturity, as approved
by Planning and Development Department. Where utility conflicts arise, the
developer shall work with the Planning and Development Department on an
alternative design solution.

9. The developer shall construct a minimum 5-foot-wide detached sidewalk along
the east side of North Valley Parkway with a minimum 11-foot-wide landscaped
strip located between the sidewalk and back of curb, planted to the following
standards, as approved by the Planning and Development Department:

a. Minimum 2-inch caliper shade trees placed a minimum of 20 feet on
center or in equivalent groupings.

b. Drought tolerant shrubs and vegetative groundcovers maintained to a
maximum height of 24 inches to provide a minimum of 50% live
coverage at maturity.

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

10. The developer shall construct a minimum 5-foot-wide detached sidewalk along
the south side of Sonoran Desert Drive with a minimum 11-foot-wide
landscaped strip located between the sidewalk and back of curb, planted to the
following standards, as approved by the Planning and Development
Department:

a. Minimum 2-inch caliper shade trees placed a minimum of 20 feet on
center or in equivalent groupings.

b. Drought tolerant shrubs and vegetative groundcovers maintained to a
maximum height of 24 inches to provide a minimum of 50% live
coverage at maturity.

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

11. Pedestrian pathways shall be provided to connect building entrances, public
sidewalks, bus stops, and community amenities, using the most direct route for
pedestrians, as approved by the Planning and Development Department.

12. The developer shall provide direct pedestrian access (path and gate) from the
northwest corner of the site to the signalized intersection at Sonoran Desert
Drive and North Valley Parkway, as approved by the Planning and




Page 165
Development Department.

13. Sidewalk and pedestrian path crossings, constructed of decorative pavers,
stamped or colored concrete, or another material, other than those used to
pave the parking surfaces and drive aisles, shall be provided across drive
aisles, as approved by the Planning and Development Department.

14. The developer shall dedicate a minimum of 70-feet of right-of-way and
construct the south side of Sonoran Desert Drive, as approved by the Planning
and Development Department.

15. The developer shall dedicate a minimum of 70-feet of right-of-way and
construct the east side of North Valley Parkway, as approved by the Planning
and Development Department.

16. The developer shall construct a minimum 24-foot-wide landscaped median
along Sonoran Desert Drive, as approved by the Street Transportation
Department.

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

18. The developer shall provide secured bicycle parking per Section 1307 of the
parking spaces shall be provided through Inverted U and/or artistic racks
located near building entrances and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance, as approved by the Planning and
Development Department. Artistic racks shall adhere to the City of Phoenix
Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan.

19. The right-of-way shall be dedicated, and a bus stop pad constructed along the
deceleration lane east of North Valley Parkway, as approved by the Planning
and Development Department.

20. 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.

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




Page 166
22. Prior to final site plan approval, the property owner shall record documents that
disclose to purchasers of the property the existence and operational
characteristics of active mining operations and the North Gateway Solid Waste
and Recycling Transfer Facility. 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.

23. Prior to occupancy, signage must be provided within the development’s
sales/leasing office (or equivalent signage) that is visible to prospective renters
or purchasers which discloses the existence and operational characteristics of
active mining operations and the North Gateway Solid Waste and Recycling
Transfer Facility, as approved by the Planning and Development Department.

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

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 12th day of October,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________




Page 167
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 168
EXHIBIT A

Lot 2, a portion of North Valley Parkway and Sonoran Desert Drive as shown on the
final plat of LIV North Valley, recorded in Book 335, page 47, Maricopa County Records
(MCR), lying within the northwest quarter of Section 24, Township 5 North, Range 2
East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more
particularly described as follows:

Beginning at the southwest corner of said Lot 2;

Thence leaving said southwest corner, North 90°00'00" West, 70.00 feet, to the
centerline of North Valley Parkway;

Thence along said centerline, North 00°21'15" West, 686.77 feet, to the centerline of
Sonoran Desert Drive;

Thence along said Sonoran Desert Drive centerline, North 89°55'50" East, 1100.25 feet;

Thence leaving said centerline, South 00°15'34" East, 70.00 feet to the northeast corner
of said Lot 2;

Thence along the easterly line of said Lot 2, South 00°15'34" East, 506.40 feet, to the
southerly line of said Lot 2;

Thence along said southerly line, South 71°47'50" West, 142.87 feet;

Thence South 89°57'14" West, 746.40 feet;

Thence South 52°40'01" West, 109.61 feet;

Thence North 90°00'00" West, 59.34 feet to the Point of Beginning.

Containing 691,063 Square Feet or 15.86 Acres more or less.
Subject to easements, restrictions and rights of way of record.




Page 169
Page 170



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-3-22-3 (12th &
Greenway PUD) - Approximately 175 Feet North of the Northwest Corner of 12th
Street and Greenway Parkway (Ordinance G-7035)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
-2 (Intermediate Commercial) and C-2 HGT/WVR DNS/WVR (Intermediate
Commercial, Height and Density Waiver) to PUD (Planned Unit Development) to allow
multifamily residential.

Summary
Current Zoning: C-2 (3.96 acres) and C-2 HGT/WVR DNS/WVR (5.54 acres)
Proposed Zoning: PUD
Acreage: 9.50 acres
Proposal: Multifamily residential

Owner: Donald Valk
Applicant & Representative: Nick Wood, Esq., Snell & Wilmer, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Info Only: The Deer Valley Village Planning Committee heard this case on April
14, 2022, for information only .
VPC Action: The Deer Valley Village Planning Committee heard this case on Aug. 11,
2022, and recommended approval, per the staff recommendation with additional
stipulations, by a vote of 11-0.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the staff memo dated Sept. 1, 2022, by a vote of 7-0.

Location
Approximately 175 feet north of the northwest corner of 12th Street and Greenway
Parkway
Council District: 3
Parcel Address: 1000 and 1100 E. Greenway Parkway




Page 171

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




Page 172
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-3-22-3) FROM C-2 (INTERMEDIATE
COMMERCIAL) AND C-2 HGT/WVR DNS/WVR (INTERMEDIATE
COMMERCIAL, HEIGHT AND DENSITY WAIVER) TO PUD
(PLANNED UNIT DEVELOPMENT).

____________



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

follows:

SECTION 1. The zoning of a 9.50-acre property located approximately

175 feet north of the northwest corner of 12th Street and Greenway Parkway in a

portion of Section 4, Township 3 North, Range 3 East, as described more specifically in

Exhibit “A,” is hereby changed from 3.96 acres of “C-2” (Intermediate Commercial) and

5.54 acres of “C-2 HGT/WVR DNS/WVR” (Intermediate Commercial, Height and

Density Waiver) 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.”




Page 173
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 12th and Greenway 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 July 21, 2022, as modified by the
following stipulations:

a. Front Cover: Remove “Submittal” dates and revise to add the following:

b. Page 10, Development Standards, D1:Development Standards Table,
Section D1.e Maximum Building Height: Update the header to, “Starting
from the West Property Line”.

2. The developer shall replenish the existing median island along Greenway
Parkway with trees, as approved by the Street Transportation Department. The
developer will be responsible for submitting median island landscape drawings
separately to the Street Transportation Department for review and approval.
Coordinate submission with Erik Wilson, Horticulturist, at 602-534-9898 or
erik.wilson@phoenix.gov.

3. The developer shall dedicate a sidewalk easement for any streetscape area
that falls outside of dedicated right-of-way, as approved by the Planning and
Development Department.

4. The applicant shall submit a Traffic Impact Study to the City for this
development. The TIS shall include signal warrant analysis for the intersection
of 12th Street and Greenway Parkway. The developer shall be responsible for
cost and construction of all mitigation identified through the analysis. No
preliminary approval of plans shall be granted until the study is reviewed and
approved by the Street Transportation Department.

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




Page 174
6. The property owner shall record documents that disclose the existence, and
operational characteristics of Deer Valley 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.

7. The developer shall provide documentation to the City prior to final site plan
approval that Form 7460-1 has been filed for the development and that the
development received a “No Hazard Determination” from the FAA. If temporary
equipment used during construction exceeds the height of the permanent
structure a separate Form 7460-1 shall be submitted to the FAA and a “No
Hazard Determination” obtained prior to the construction start date.

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

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

10. Prior to final site plan approval, the developer shall complete an
agreement/contract with the Street Transportation Department to facilitate
clean-up of the wash corridor located in the area south of Greenway Parkway,
from the 9th Street to the 12th Street alignments, at the developer’s expense
for a minimum of five years, as modified and approved by the Street
Transportation Department.

11. Prior to final site plan approval, the developer shall complete an
agreement/contract with the Street Transportation Department to install
physical features to deter unauthorized access to the existing culvert
crossing(s) under 7th Street at Greenway Parkway up to a maximum of
$50,000, as modified and approved by the Street Transportation Department.


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

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

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

of the remaining portions hereof.




Page 175
PASSED by the Council of the City of Phoenix this 12th day of October,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 176
EXHIBIT A

PARCEL NO. 1:

LOCATED IN GLO LOT 3, SECTION 4, TOWNSHIP 3 NORTH, RANGE 3 EAST, GILA
AND SALT RIVER MEDERIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS;

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;

THENCE SOUTH 00’16’59” EAST, ALONG THE NORTH – SOUTH MID-SECTION
LINE OF SAID SECTION 4, A DISTANCE OF 662.73 FEET TO THE CENTER LINE OF
PHELPS RD.;

THENCE DEPARTING SAID MID-SECTION LINE, SOUTH 89’39’15” WEST, ALONG
SAID CENTER LINE, A DISTANCE OF 466.84 FEET;

THENCE DEPARTING SAID CENTERLINE, SOUTH 00’00’43” EAST, A DISTANCE
OF 25.00 FEET TO THE POINT OF BEGINNING;

THENCE CONTINUING SOUTH 00’00’43” EAST, A DISTANCE OF 233.20 FEET TO
THE NORTH RIGHT OF WAY LINE OF GREEN WAY PARKWAY;

THENCE WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE, THE
FOLLOWING 8 COURSES;

THENCE SOUTH 89’36’41” WEST, A DISTANCE OF 43.73 FEET;

THENCE NORTH 85’29’22” WEST, A DISTANCE OF 140.51 FEET;

THENCE SOUTH 89’36’41” WEST, A DISTANCE OF 120.00 FEET;

THENCE NORTH 45’23’19” WEST, A DISTANCE OF 16.97 FEET;

THENCE SOUTH 89’36’4L” WEST, A DISTANCE OF 46.00 FEET;

THENCE SOUTH 00’23’19” EAST, A DISTANCE OF 12.00 FEET;

THENCE SOUTH 44’36’41 WEST, A DISTANCE OF 16.97 FEET;

THENCE SOUTH 89’36’41” WEST, A DISTANCE OF 140.93 FEET, TO THE
BEGINNING OF A 12.00 FEET RADIUS CURVE, CONCAVE NORTHEAST;

THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 90’08’50”, AN ARC DISTANCE OF 18.88 FEET TO THE EAST
RIGHT OF WAY LINE OF 9TH STREET;




Page 177
THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, NORTH 00’14’29” WEST,
ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 209.58 FEET, TO THE
BEGINNING OF A 12.00 FEET RADIUS CURVE, CONCAVE SOUTHEAST;

THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 89’53’44”, AN ARC DISTANCE OF 18.83 FEET TO THE
SOUTH RIGHT OF WAY LINE OF PHELPS RD.;

THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, NORTH 89’39’15” EAST,
ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 515.63 FEET TO THE
POINT OF BEGINNING.

PARCEL NO. 2:

LOCATED IN GLO LOT 3, SECTION 4, TOWNSHIP 3 NORTH, RANGE 3 EAST, GILA
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;

THENCE SOUTH 00’16’59” EAST, ALONG THE NORTH – SOUTH MID-SECTION
LINE OF SAID SECTION 4, A DISTANCE OF 662.73 FEET TO THE CENTER LINE OF
PHELPS RD.;

THENCE DEPARING SAID MID-SECTION LINE, SOUTH 00’00’43” EAST, A
DISTANCE OF 25.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF PHELPS RD.
AND THE POINT OF BEGINNING;

THENCE NORTH 89’39’15” EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A
DISTANCE OF 724.95 FEET, TO THE BEGINNING OF A 12.00 FEET RADIUS
CURVE, CONCAVE SOUTHWEST;

THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 90’03’46”, AN ARC DISTANCE OF 18.86 FEET TO THE WEST
RIGHT OF WAY LINE OF 12TH STREET;

THENCE DEPARING SAID SOUTH RIGHT OF WAY LINE, SOUTH 00’16’59” EAST,
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 232.34 FEET;

THENCE DEPARING SAID WEST RIGHT OF WAY LINE, NORTH 86’18’31” WEST, A
DISTANCE OF 47.33 FEET;

THENCE SOUTH 67’37’58” WEST, A DISTANCE OF 61.24 FEET;




Page 178
THENCE SOUTH 76’38’07” WEST, A DISTANCE OF 108.47 FEET, TO THE NORTH
RIGHT OF WAY LINE OF GREENWAY PARKWAY AND THE BEGINNING OF A
1,490.29 FOOT RADIUS, NON-TANGENT CURVE, WHOSE CENTER BEARS SOUTH
15’38’52” WEST;

THENCE WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE AND THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 15’42’11”, AN ARC DISTANCE OF
DISTANCE OF 408.44 FEET;

THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, SOUTH
89’36’41” WEST, A DISTANCE OF 124.99 FEET;

THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, NORTH 00’00’43” WEST,
A DISTANCE OF 233.20 FEET TO THE POINT OF BEGINNING.




Page 179
Page 180



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-26-22-4 -
Approximately 430 Feet East of the Northeast Corner of Central Avenue and
Osborn Road (Ordinance G-7031)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-2 H-R TOD-1 (Intermediate Commercial, High Rise Incentive District, Interim Transit-
Oriented Zoning Overlay One) and P-2 H-R TOD-1 (Parking, High Rise Incentive
District, Interim Transit-Oriented Zoning Overlay One) to WU Code T5:6 MT (Walkable
Urban Code, Transect 5:6, Transit Midtown Character Area) to allow multifamily
residential.

Summary
Current Zoning: C-2 H-R TOD-1 and P-2 H-R TOD-1
Proposed Zoning: WU Code T5:6 MT
Acreage: 4.10 acres
Proposed Use: Multifamily Residential

Owner: 3443 North Central, LLC
Applicant: Mill Creek Residential
Representative: Nick Wood, Snell & Wilmer, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on Aug. 1,
2022, and recommended approval, per the staff recommendation, by a vote of 7-3.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the Encanto Village Planning Committee
recommendation, by a vote of 7-0.

Location
Approximately 430 feet east of the northeast corner of Central Avenue and Osborn
Road
Council District: 4
Parcel Address: 150 E. Osborn Road and 3443 N. Central Ave.



Page 181

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




Page 182
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-26-22-4) FROM C-2 H-R TOD-1 (INTERMEDIATE
COMMERCIAL, HIGH RISE INCENTIVE DISTRICT, INTERIM
TRANSIT-ORIENTED ZONING OVERLAY ONE) AND P-2 H-R
TOD-1 (PARKING, HIGH RISE INCENTIVE DISTRICT, INTERIM
TRANSIT-ORIENTED ZONING OVERLAY ONE) TO WU CODE
T5:6 MT (WALKABLE URBAN CODE, TRANSECT 5:6, TRANSIT
MIDTOWN CHARACTER AREA).

____________


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

follows:

SECTION 1. The zoning of a 4.10-acre site located approximately 430

feet east of the northeast corner of Central Avenue and Osborn Road, in a portion of

Section 29, Township 2 North, and Range 3 East, as described more specifically in

Exhibit “A”, is hereby changed from 0.53-acres of “C-2 H-R TOD-1” (Intermediate

Commercial, High Rise Incentive District, Interim Transit-Oriented Zoning Overlay

One) and 3.57 acres of “P-2 H-R TOD-1” (Parking, High Rise Incentive District,

Interim Transit-Oriented Zoning Overlay One) to 4.10 acres of “WU Code T5:6 MT”

(Walkable Urban Code, Transect 5:6, Transit Midtown Character Area).




Page 183
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 developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 10-foot-wide landscape area located between the back of curb and
sidewalk along the north side of Osborn Road planted to the following
standards. Where utility conflicts exist, the developer shall work with the
Planning and Development Department on alternative design solutions
consistent with the creation of a comfortable pedestrian environment.

a. All trees shall be of a large canopy, shade, and single-trunk variety with
a minimum 3-inch caliper.

b. At tree maturity, the trees shall shade the sidewalks to a minimum 75
percent.

c. Drought tolerant shrubs and vegetative groundcovers maintained to a
maximum height of 24 inches to provide a minimum of 75 percent live
coverage at maturity.

2. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.

a. All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 required
spaces near entrances of buildings and installed per the requirements of
Section 1307.H of the Phoenix Zoning Ordinance.

c. A bicycle repair station (“fix it station”) shall be provided and maintained
by the developer near secure bicycle parking area.

3. The developer shall dedicate a sidewalk easement for any streetscape area
that falls outside of dedicated right-of-way, as approved by the Planning and
Development Department.


Page 184
4. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.

5. Developer to record a Notice to Prospective Purchasers of Proximity to Airport,
as required by the State, prior to final site plan approval.

6. The developer shall provide documentation to the City prior to final site plan
approval that Form 7460-1 has been filed for the development and that the
development received a “No Hazard Determination” from the FAA. If temporary
equipment used during construction exceeds the height of the FAA and a “NO
Hazard Determination” obtained prior to the construction start date.

7. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.

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

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


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

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

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

validity of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 12th day of October,

2022.



________________________________
MAYOR



Page 185
ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager


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




Page 186
EXHIBIT A

LEGAL DESCRIPTION FOR Z-26-22-4


LOCATED IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 2
NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER, FROM WHICH THE EAST QUARTER CORNER BEARS SOUTH 89
DEGREES 23 MINUTES 59 SECONDS EAST, A DISTANCE OF 2663.82 FEET;

THENCE SOUTH 89 DEGREES 23 MINUTES 59 SECONDS EAST, ALONG THE
SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 484.31 FEET
TO THE POINT OF BEGINNING;

THENCE NORTH 00 DEGREES 39 MINUTES 44 SECONDS EAST, A DISTANCE
OF 434.20 FEET TO THE MONUMENT LINE OF EAST MITCHELL DRIVE;

THENCE SOUTH 89 DEGREES 24 MINUTES 33 SECONDS EAST, ALONG SAID
MONUMENT LINE, A DISTANCE OF 411.36 FEET;

THENCE SOUTH 00 DEGREES 33 MINUTES 10 SECONDS WEST, ALONG THE
PROLONGATION OF THE WEST LINE OF LOT 1, AS RECORDED IN BOOK 726,
PAGE 48, A DISTANCE OF 434.27 FEET TO THE SOUTH LINE OF SAID
NORTHEAST QUARTER;

THENCE NORTH 89 DEGREES 23 MINUTES 59 SECONDS WEST, ALONG SAID
SOUTH LINE, A DISTANCE OF 412.18 FEET TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINS 178,804 SQUARE FEET OR 4.105 ACRES, MORE OR
LESS.




Page 187
Page 188



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-29-22-4 -
Northwest Corner of 4th Avenue and Osborn Road (Ordinance G-7032)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
P-1 (Passenger Automobile Parking, Limited District), C-2 (Intermediate Commercial
District), and R-5 (Multifamily Residence District) to WU Code T5:6 MT (Walkable
Urban Code, Transect 5:6, Transit Midtown Character Area) to allow multifamily
residential.

Summary
Current Zoning: P-1 (0.92-acres), C-2 (1.37 acres), and R-5 (1.77 acres)
Proposed Zoning: WU Code T5:6 MT
Acreage: 4.06 acres
Proposed Use: Multifamily residential

Owner: Masyno Osborn, LLC
Applicant: Subtext Living
Representative: Nick Wood, Esq; Snell & Wilmer, LLP

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Encanto Village Planning Committee heard this case on Aug. 1,
2022, and recommended approval, per the staff recommendation with an additional
stipulation, by a vote of 8-2.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the Encanto Village Planning Committee
recommendation, per the Encanto Village Planning Committee recommendation, by a
vote of 7-0.

Location
Northwest corner of 4th Avenue and Osborn Road
Council District: 4
Parcel Address: 3404, 3410, and 3500 N. 4th Ave. and 402 W. Osborn Road




Page 189

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




Page 190
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-29-22-4) FROM P-1 (PASSENGER AUTOMOBILE
PARKING, LIMITED DISTRICT), C-2 (INTERMEDIATE
COMMERCIAL DISTRICT), AND R-5 (MULTIFAMILY RESIDENCE
DISTRICT) TO WU CODE T5:6 MT (WALKABLE URBAN CODE,
TRANSECT 5:6, TRANSIT MIDTOWN CHARACTER AREA).


____________


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

follows:

SECTION 1. The zoning of a 4.06-acre site located at the northwest

corner of 4th Avenue and Osborn Road, in a portion of Section 29, Township 2 North,

and Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from

0.92-acres of “P-1” (Passenger Automobile Parking, Limited District), 1.37 acres of “C-

2” (Intermediate Commercial District), and 1.77 acres of “R-5” (Multifamily Residence

District) to 4.06 acres of “WU Code T5:6 MT” (Walkable Urban Code, Transect 5:6,

Transit Midtown Character Area).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B”.


Page 191
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. There shall be a minimum landscape area of 10 feet in width measured from
the west property line (adjacent to alleyway) and beginning 215 feet north of
the north right-of-way line of Osborn Road and extending to the northern edge
of the subject site. The area shall be planted with minimum 3-inch caliper
shade trees placed 20 feet on center or in equivalent groupings, except where
utility conflicts and conflicts with building egress such as ramps exist. The
conditions of this stipulation shall be approved by the Planning and
Development Department.

2. The developer shall incorporate bicycle infrastructure as described below and
as approved by the Planning and Development Department.

a. All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 required
spaces near entrances of buildings and installed per the requirements of
Section 1307.H of the Phoenix Zoning Ordinance.

c. One bicycle repair station shall be provided and maintained by the
developer in areas of high visibility and near secure bicycle parking
areas.

3. The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 10-foot-wide landscape strip located between the back of curb and
sidewalk along the north side of Osborn Road, as approved by the Planning
and Development Department.

4. The developer shall construct the west side of 4th Avenue for the length of the
project, in general conformance with the 4th Avenue TOD Retrofit exhibit date
stamped June 21, 2022, as approved or modified by the Street Transportation
Department. The developer shall dedicate necessary sidewalk easement to
accommodate the on-street parking and detached sidewalk design. The
development project shall be responsible for all landscape and irrigation
maintenance located in the right-of-way and sidewalk easement area.

5. The developer shall pave the 20-foot-wide alley per the City of Phoenix “local
street” standards, as approved by the Planning and Development Department.



Page 192
6. The developer shall underground all existing electrical utilities within the public
right-of-way that are impacted or require relocations as part of the project.
Coordinate with the affected utility company for their review and approval prior
to Final Site Plan approval.

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

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

9. Developer to record a Notice to Prospective Purchasers of Proximity to Airport,
as required by the State, prior to final site plan approval.

10. The developer shall provide documentation to the City prior to final site plan
approval that Form 7460-1 has been filed for the development and that the
development received a “No Hazard Determination” from the FAA. If temporary
equipment used during construction exceeds the height of the FAA and a “NO
Hazard Determination” obtained prior to the construction start date.

11. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.

12. 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.

13. The developer shall incorporate solar panels with a kW range of not less than
100 kW.


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.




Page 193
PASSED by the Council of the City of Phoenix this 12th day of October,

2022.



________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager


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




Page 194
EXHIBIT A

LEGAL DESCRIPTION FOR Z-29-22-4

PORTION OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 2 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL NO. 1

UNITS 101 THROUGH 118, INCLUSIVE, 219 THROUGH 240, INCLUSIVE, AND ALL
COMMON ELEMENTS OF 3500 N 4TH AVENUE CONDOMINIUM, A CONDOMINIUM
AS CREATED BY THAT CERTAIN DECLARATION RECORDED OCTOBER 02, 2006
AS 2006-1298595 OF OFFICIAL RECORDS; AS SHOWN ON THE PLAT OF SAID
CONDOMINIUM RECORDED AS BOOK 869 OF MAPS, PAGE 37 AND AFFIDAVIT OF
CORRECTION RECORDED AS 2006-1614719 OF OFFICIAL RECORDS IN THE
OFFICE OF THE COUNTY RECORD OF MARICOPA COUNTY, ARIZONA.

PARCEL NO. 2

LOT 9, OF LINGERLONGER PLACE, ACCORDING TO THE PLAT OF RECORD IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 8 OF MAPS, PAGE 35;

EXCEPT THE EAST 10 FEET THEREOF DEEDED TO THE CITY OF PHOENIX, IN
INSTRUMENT RECORDED IN DOCKET 15670, PAGE 532.

PARCEL NO. 3

LOT 10, OF LINGERLONGER PLACE, ACCORDING TO THE PLAT OF RECORD IN
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 8 OF MAPS, PAGE 35;

EXCEPT THEREFROM THE SOUTH 10 FEET, THE EAST 10 FEET, AND THAT PART
OF SAID LOT 10, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10;

THENCE NORTH ALONG THE EAST LINE THEREOF A DISTANCE OF 31 FEET;

THENCE SOUTHWEST TO A POINT IN THE SOUTH LINE OF SAID LOT 10 WHICH IS
31 FEET WEST OF THE POINT OF BEGINNING;

THENCE TO THE POINT OF BEGINNING, AS QUITCLAIMED TO THE CITY OF
PHOENIX, BUT INSTRUMENT RECORDED MAY 30, 1974 IN DOCKET 10675, PAGE
632.




Page 195
Page 196



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-39-22-5 -
Approximately 340 Feet East of the Southeast Corner of 29th Avenue and
Northern Avenue (Ordinance G-7033)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-5 SP (Multifamily Residence District, Special Permit) to R-5 (Multifamily Residence
District), to remove the Special Permit and allow multifamily residential.

Summary
Current Zoning: R-5 SP
Proposed Zoning: R-5
Acreage: 0.65 acres
Proposed Use: Multifamily residential

Owner: New Freedom Housing, LLC
Applicant: Matt Waltz
Representative: Matt Waltz

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case on Aug. 23,
2022, and recommended approval, per the staff recommendation, by a vote of 14-1.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the Alhambra Village Planning Committee
recommendation, by a vote of 7-0.

Location
Approximately 340 feet east of the southeast corner of 29th Avenue and Northern
Avenue
Council District: 5
Parcel Address: 2821 and 2825 W. Northern Ave.

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


Page 197
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (Z-39-22-5) FROM R-5 SP (MULTIFAMILY RESIDENCE
DISTRICT, SPECIAL PERMIT) to R-5 (MULTIFAMILY
RESIDENCE DISTRICT).

____________


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

follows:

SECTION 1. The zoning of a 0.65 acre property located approximately

340 feet east of the southeast corner of 29th Avenue and Northern Avenue, in a portion

of Section 2, Township 2 North, and Range 2 East, as described more specifically in

Exhibit “A”, is hereby changed from “R-5 SP” (Multifamily Residence District, Special

Permit) to “R-5” (Multifamily Residence District).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B”.

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

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




Page 198
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 12th day of October,

2022.



________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager


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




Page 199
EXHIBIT A

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN PHOENIX, IN A
PORTION OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 2 EAST, IN THE COUNTY
OF MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:

Parcel No. 1:
Lot 6, BEVERLY ACRES, according to Book 15 of Maps, Page 34, records of Maricopa
County, Arizona;

EXCEPT the east 75.00 feet thereof; and

EXCEPT the North 7.00 feet.

Parcel No. 2:
The East 75.00 feet of Lot 6, BEVERLY ACRES, according to Book 15 of Maps, page
34, records of Maricopa County, Arizona;

EXCEPT the North 157.00 feet thereof.

Parcel No. 3;
The North 157.00 feet of the East 75.00 feet of Lot 6, BEVERLY ACRES, according to
Book 15 of Maps, Page 34, records of Maricopa County, Arizona;

EXCEPT the North 7.00 feet.




Page 200
Page 201



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-38-22-6 -
Southeast Corner of 10th Street and Pasadena Avenue (Ordinance G-7038)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
P-1 (Passenger Automobile Parking, Limited District) to R-4 (Multifamily Residence
District) to allow single-family attached residential.

Summary
Current Zoning: P-1
Proposed Zoning: R-4
Acreage: 0.72 acres
Proposal: Single-family attached residential

Owner: Brian R. Puziss
Applicant: Andrew Nametz, Pasadena 1 Zero, LLC
Representative: William F. Allison, Withey Morris, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on Aug.
2, 2022, and recommended approval, per the staff recommendation, by a vote of 13-0-
1.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the Camelback East Village Planning Committee
recommendation, by a vote of 7-0.

Location
Southeast corner of 10th St. and Pasadena Ave.
Council District: 6
Parcel Address: 5020 N. 10th Place and 1001 and 1003 E. Pasadena Ave.

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



Page 202
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-38-22-6) FROM P-1 (PASSENGER
AUTOMOBILE PARKING, LIMITED DISTRICT) TO R-4
(MULTIFAMILY RESIDENCE DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 0.72 acre site located at the southeast

corner of 10th Street and Pasadena Avenue in a portion of Section 16, Township 2

North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed

from “P-1” (Passenger Automobile Parking, Limited District), to “R-4” (Multifamily

Residence District).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”

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

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




Page 203
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The development shall be in general conformance to the elevations date stamped
May 6, 2022, as modified by the following stipulations and approved by the
Planning and Development Department.

2. The maximum building height shall be 30 feet.

3. The maximum density for the project shall not exceed 12 dwelling units per acre.

4. The developer shall construct a minimum 5-foot-wide detached sidewalk along
the south side of Pasadena Avenue with a minimum 8-foot-wide landscaped strip
located between the sidewalk and back of curb and planted to the following
standards, as approved by the Planning and Development Department:

a. Minimum 2-inch caliper, large canopy, single-trunk, shade trees placed to
provide a minimum of 75% shade on adjacent sidewalks.

b. Drought tolerant shrubs and vegetative maintained to a maximum height of
24 inches to provide a minimum of 75% live coverage at maturity.

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

5. The developer shall construct a minimum 5-foot-wide sidewalk along the east
side of 10th Street and west side of 10th Place, as approved by the Planning and
Development Department.

6. A minimum of 4 bicycle parking spaces shall be provided through Inverted U
and/or artistic racks located near building entrances or open space areas and
installed per the requirements of Section 1307.H. of the Phoenix Zoning
Ordinance, as approved by the Planning and Development Department. Artistic
racks shall adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.

7. Existing irrigation facilities along Pasadena Avenue are to be undergrounded and
relocated outside of City right-of-way. Contact SRP to identify existing land rights
and establish the appropriate process to relocate the facility. Relocations that
require additional dedications or land transfer require completion prior to
obtaining plat and/or civil plan review approval.

8. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,




Page 204
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

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

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

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 12th day of October,

2022.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________




Page 205
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 206
EXHIBIT A


THAT PORTION OF LOTS 1 AND 3, BLOCK 5, SMITH PLACE AND
SURROUNDING 10TH STREET, PASADENA AVENUE AND 10TH PLACE,
RECORDED IN BOOK 20 OF MAPS, PAGE 2, RECORDS OF MARICOPA
COUNTY, ARIZONA, LYING WITHIN A PORTION OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 3-INCH CITY OF PHOENIX BRASS CAP IN HANDHOLE
MARKING THE SOUTHWEST CORNER OF SAID SECTION 16, FROM WHICH
A 3-INCH CITY OF PHOENIX BRASS CAP IN HANDHOLE MARKING THE
SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS SOUTH 89
DEGREES 51 MINUTES 40 SECONDS EAST 2,667.40 FEET, SAID LINE
BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION;
THENCE SOUTH 89 DEGREES 51 MINUTES 40 SECONDS EAST 1,333.71
FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO A 3-
INCH CITY OF PHOENIX BRASS CAP FLUSH ON THE CENTERLINE OF
SAID 10TH STREET;
THENCE NORTH 00 DEGREES 06 MINUTES 56 SECONDS EAST 236.86
FEET ALONG SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE
SOUTH LINE OF SAID LOT 3 AND THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID CENTERLINE NORTH 00 DEGREES 06
MINUTES 56 SECONDS EAST 93.82 FEET TO A 3-INCH CITY OF PHOENIX
BRASS CAP FLUSH ON THE CENTERLINE OF SAID PASADENA AVENUE;
THENCE SOUTH 89 DEGREES 47 MINUTES 29 SECONDS EAST 333.16
FEET ALONG SAID CENTERLINE TO A 1-INCH IRON PIPE IN HANDHOLE
ON THE CENTERLINE OF SAID 10TH PLACE;
THENCE SOUTH 00 DEGREES 08 MINUTES 49 SECONDS WEST 93.52
FEET ALONG SAID CENTERLINE TO THE EASTERLY EXTENSION OF THE
SOUTH LINE OF SAID LOT 1;
THENCE NORTH 89 DEGREES 50 MINUTES 33 SECONDS WEST 333.25
FEET ALONG THE SOUTH LINES OF SAID LOTS 1 AND 3 TO THE POINT OF
BEGINNING.
COMPROMISING 0.717 ACRES OR 31,218 SQUARE FEET MORE OR LESS,
SUBJECT TO ALL EASEMENTS OF RECORD.




Page 207
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Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-13-22-8 -
Approximately 150 Feet West of the Northwest Corner of 9th Street and Portland
Street (Ordinance G-7030)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R-4 RI HP (Multifamily Residence District, Residential Infill District, Historic
Preservation Overlay) to WU Code T4:2 EG HP (Walkable Urban Code, Transect 4:2
District, Transit Eastlake-Garfield Character Area, Historic Preservation Overlay) to
allow multifamily residential.

Summary
Current Zoning: R-4 RI HP
Proposed Zoning: WU Code T4:2 EG HP
Acreage: 1.36 acres
Proposal: Multifamily residential

Owner: Robert Severino, RS4, LLC
Applicant: Rodney Sherrard, RS Architecture, LLC
Representative: Rodney Sherrard, RS Architecture, LLC

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Central City Village Planning Committee heard this case on Aug. 8,
2022, and recommended approval, per the staff recommendation, by a vote of 11-1.
PC Action: The Planning Commission heard this case on Sept. 1, 2022, and
recommended approval, per the Central City Village Planning Committee
recommendation, by a vote of 7-0.

Location
Approximately 150 feet west of the northwest corner of 9th Street and Portland Street
Council District: 8
Parcel Address: 740, 744, 748, and 756 E. Portland St.

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

Page 209
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-13-22-8) FROM R-4 RI HP (MULTIFAMILY
RESIDENCE DISTRICT, RESIDENTIAL INFILL DISTRICT,
HISTORIC PRESERVATION OVERLAY) TO WU CODE T4:2 EG
HP (WALKABLE URBAN CODE, TRANSECT 4:2 DISTRICT,
TRANSIT EASTLAKE-GARFIELD CHARACTER AREA, HISTORIC
PRESERVATION OVERLAY).

____________



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

follows:

SECTION 1. The zoning of a 1.36-acre site located approximately 150 feet

west of the northwest corner of 9th Street and Portland Street in a portion of Section 4,

Township 1 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby

changed from “R-4 RI HP” (Multifamily Residence District, Residential Infill District,

Historic Preservation Overlay), to “WU Code T4:2 EG HP” (Walkable Urban Code,

Transect 4:2 District, Transit Eastlake-Garfield Character Area, Historic Preservation

Overlay).




Page 210
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 setback of 20 feet shall be required along the Portland Street
frontage.

2. Existing trees located within the setback along the Portland Street frontage,
shall be preserved in place, as approved or modified by the Planning and
Development Department.

3. The maximum building height shall be 21 feet.

4. A minimum of 3 amenities shall be provided within the required common open
space, such as, but not limited to swimming pools, tot lots, barbecue and picnic
areas, game courts, jogging/parcours, or lawn/turf, as approved by the
Planning and Development Department.

5. Bicycle parking pursuant to Section 1307.H.6 of the Zoning Ordinance shall be
provided for the total units on the site. In addition, the development shall
provide and maintain the following bicycle infrastructure as described below
and as approved by the Planning and Development Department.

a. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1307.H. of the Phoenix Zoning Ordinance.

b. A bicycle repair station (“fix it station”) shall be provided on the site. The
station shall include but not limited to: standard repair tools affixed to the
station; a tire gauge and pump; and a bicycle repair stand which allows
pedals and wheels to spin freely while making adjustments to the bike,
as approved by the Planning and Development Department.

6. The developer shall maintain the existing width of the historic landscape area
within the right-of-way and replenish the landscaping per the landscape
standards of Section 1309 of the Zoning Ordinance, as approved by the
Planning and Development Department. Where utility conflicts exist, the


Page 211
developer shall work with the Planning and Development Department on
alternative design solutions consistent with a pedestrian environment.

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

8. 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.

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

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


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 12th day of October,

2022.




________________________________
MAYOR


ATTEST:



Page 212
_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 213
EXHIBIT A

LEGAL DESCRIPTION FOR Z-13-22-8


LOTS 11 AND 13, AND THE WEST HALF OF LOT 15, BLOCK 2, BRILLS ADDITION
AMENDED, RECORDS OF MARICOPA COUNTY, ALSO BEING A PORTION OF THE
NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 1 NORTH, RANGE 3 EAST,
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA.




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Report