For Approval or Correction, the Minutes of the Formal Meeting on May 5, 2021

Summary
This item transmits the minutes of the Formal Meeting of May 5, 2021, 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 11



Report

For Approval or Correction, the Minutes of the Formal Meeting on May 19, 2021

Summary
This item transmits the minutes of the Formal Meeting of May 19, 2021, 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 12



Report

For Approval or Correction, the Minutes of the Formal Meeting on Jan. 24, 2024

Summary
This item transmits the minutes of the Formal Meeting of Jan. 24, 2024, for review,
correction and/or approval by the City Council.

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

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




Page 13



Report

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

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




Page 14
ATTACHMENT A




To: City Council Date: March 6, 2024
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

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

Ahwatukee Foothills Village Planning Committee

Councilman Kevin Robinson recommends the following for appointment:

John Strem
Mr. Strem is the National Sales Manager at R&Y A/C Compressions and a resident of
District 6. He fills a vacancy for a term to expire November 19, 2025.

Design Review Committee

I recommend the following for appointment:

Alan Beaudoin
Mr. Beaudoin is a Principal at Norris Design and resident of District 8. He fills a vacancy
for a term to expire March 6, 2026.

Neighborhood Block Watch Fund Oversight Committee

Vice Mayor Debra Stark recommends the following for appointment:

Roxanne Smith
Ms. Smith is a neighborhood leader and resident of District 3. She fills a vacancy for a
term to expire March 6, 2026.




Page 15



Report

Liquor License - Special Event - Phoenix Film Foundation

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

Summary

Applicant
Jason Carney

Location
7000 E. Mayo Blvd., Ste. 1059
Council District: 2

Function
Film festival

Date(s) - Time(s) / Expected Attendance
April 4, 2024 - 6 p.m. to 8:30 p.m. / 350 attendees
April 5, 2024 - 6 p.m. to 11:30 p.m. / 350 attendees
April 6, 2024 - 3 p.m. to 11:30 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 16



Report

Liquor License - Marriott Desert Ridge - Gift Shop

Request for a liquor license. Arizona State License Application 275189.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 10 - Beer and Wine Store

Location
5350 E. Marriott Drive
Zoning Classification: RH M-R
Council District: 2

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

The 60-day limit for processing this application is March 18, 2024.

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 17


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

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

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

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Located inside the JW Marriott Resort, the Marriott Desert Ridge Gift Shop offers
resort guests the convenience of on-property shopping for clothing, books and
magazines, toys, gifts, souvenirs, snacks, and drinks. Applicant would like to offer
guests 21 and over the opportunity to purchase beer and wine.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Marriott Desert Ridge - Gift Shop - Data
Attachment - Marriott Desert Ridge - Gift Shop - Map

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




Page 18
Page 19
Page 20
Page 21



Report

Liquor License - Pei Wei Asian Kitchen

Request for a liquor license. Arizona State License Application 268732.

Summary

Applicant
Patrick Castle, Agent

License Type
Series 12 - Restaurant

Location
12635 N. Tatum Blvd. #120
Zoning Classification: PSC PCD
Council District: 3

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

The 60-day limit for processing this application is March 17, 2024.

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

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


Page 22

applicant in the State of Arizona.

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

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

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

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Opening its 12th location in Arizona., Pei Wei Asian Kitchen is a popular family-
friendly, neighborhood restaurant offering authentic, Asian-inspired cuisine. applicant
would like to offer alcoholic beverages to its guests 21 and over as an incident to the
delicious meals served.”

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

Attachments
Attachment - Pei Wei Asian Kitchen - Data
Attachment - Pei Wei Asian Kitchen - Map

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




Page 23
Liquor License Data: PEI WEI ASIAN KITCHEN
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Liquor Store 9 4 3

Beer and Wine Store 10 5 2

Hotel 11 1 0

Restaurant 12 22 19



Crime Data

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

Property Crimes 64.2 98.48 127.6

Violent Crimes 12.31 7.21 10.08

*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 45 30

Total Violations 78 43




Page 24
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1032051 1834 100 6 0

1032052 1192 82 0 16

1032082 1548 38 36 18

1032091 804 74 0 24

1032101 872 20 20 12

1032102 1681 32 14 19

1032106 886 23 22 7

Average 0 61 13 19




Page 25
Liquor License Map: PEI WEI ASIAN KITCHEN
12635 N TATUM BLVD




Ü
Date: 2/15/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 26



Report

Liquor License - Special Event - St. Mary's Roman Catholic High School Phoenix

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

Summary

Applicant
Damin Lopez

Location
2525 N. 3rd St.
Council District: 4

Function
Dinner

Date(s) - Time(s) / Expected Attendance
April 13, 2024 - 5 p.m. to 10 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 27



Report

Liquor License - Special Event - Laveen Youth FC

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

Summary

Applicant
Donny D. Zamora

Location
4344 W. Indian School Road, Ste. 100
Council District: 5

Function
Concert/Dance

Date(s) - Time(s) / Expected Attendance
April 19, 2024 - 8 p.m. to 2 a.m. / 700 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 28



Report

Liquor License - Special Event - Laveen Youth FC

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

Summary

Applicant
Donny D. Zamora

Location
4344 W. Indian School Road, Ste. 100
Council District: 5

Function
Concert/Dance

Date(s) - Time(s) / Expected Attendance
May 10, 2024 - 8 p.m. to 2 a.m. / 700 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 29



Report

Liquor License - Aguila's Hidaway Nugget

Request for a liquor license. Arizona State License Application 271634.

Summary

Applicant
Javier Aguila, Agent

License Type
Series 6 - Bar

Location
4130 N. 83rd Ave., #11
Zoning Classification: C-3
Council District: 5

This request is for an ownership transfer of a liquor license for a bar. This location was
previously licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is March 9, 2024.

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 30

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.

Aguila's Hidaway The Office (Series 06)
330 S. Gilbert Road #2 and #3, Mesa
Calls for police service: not in Phoenix
Liquor license violations: None

Aguilas Hidaway Saloon (Series 06)
24202 W. HWY 85, Buckeye
Calls for police service: not in Phoenix
Liquor license violations: None

Aguila's Hidaway Lighthouse (Series 06)
12351 W. Indian School Road, Avondale
Calls for police service: not in Phoenix
Liquor license violations: None

Aguila's Hidaway (Series 06)
1235 N. 8th Street, Ste. A, Avondale
Calls for police service: not in Phoenix
Liquor license violations: In December 2018, a fine of $750.00 was paid for failure to
request ID from underage buyer and giving, furnishing an underage person with
alcohol.

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I currently own and run 4 other bars in Arizona aside from this one. I have the
education and experience for it.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We will provide a place where all people are welcome to relax and socialize. This


Page 31

building has been a beloved place for many years and we will continue the tradition of
gathering with our neighbors and community while upholding all laws and regulations
to provide a safe place for all who wish to visit.”

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

Attachments
Attachment - Aguila's Hidaway Nugget - Data
Attachment - Aguila's Hidaway Nugget - Map

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




Page 32
Liquor License Data: AGUILAS HIDAWAY NUGGET
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 3

Liquor Store 9 4 1

Beer and Wine Store 10 8 4

Restaurant 12 1 0


Crime Data

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

Property Crimes 64.2 142.4 196.28

Violent Crimes 12.31 33.65 48.93

*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 47 191

Total Violations 82 339




Page 33
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

0820072 1880 78 5 16

0820081 1711 62 22 20

0820082 1483 70 15 5

0820091 3028 76 3 28

0820101 1597 50 25 44

0820102 2628 79 9 16

1096011 1767 56 6 34

1096012 1021 34 18 34

1096013 2174 69 19 21

1096034 1269 66 0 17

1097021 1552 88 22 35

Average 0 61 13 19




Page 34
Liquor License Map: AGUILAS HIDAWAY NUGGET
4130 N 83RD AVE




Ü
Date: 1/10/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 35



Report

Liquor License - Special Event - Phoenix Final Four Local Organizing Committee

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

Summary

Applicant
Jay Parry

Location
67 W. Culver St.
Council District: 7

Function
Festival

Date(s) - Time(s) / Expected Attendance
April 5, 2024 - 4:30 p.m. to 10 p.m. / 25,000 attendees
April 6, 2024 - 4 p.m. to 10 p.m. / 25,000 attendees
April 7, 2024 - 2:30 p.m. to 10 p.m. / 25,000 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 36



Report

Liquor License - Special Event - Phoenix Community Alliance, Inc.

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

Summary

Applicant
Devney Majerle

Location
67 W. Culver St.
Council District: 7

Function
Festival

Date(s) - Time(s) / Expected Attendance
April 20, 2024 - 11 a.m. to 7 p.m. / 3,000 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 37



Report

Liquor License - Special Event - St. Patrick's Day Parade Committee and Irish
Society of Arizona, Inc.

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

Summary

Applicant
Vicki Champion

Location
67 W. Culver St.
Council District: 7

Function
Irish Cultural Festival

Date(s) - Time(s) / Expected Attendance
March 16, 2024 - 10 a.m. to 5 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.




Page 38



Report

Liquor License - FEZ

Request for a liquor license. Arizona State License Application 275310.

Summary

Applicant
Amy Nations, Agent

License Type
Series 12 - Restaurant

Location
105 W. Portland St.
Zoning Classification: DTC-Downtown Gateway
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 March 17, 2024.

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 39

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.

Baci Italian Bistro (Series 12)
8830 E. Germann Road #182, Mesa
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:
“The new owner owns and has owned restaurants with liquor licenses. He is an
experienced operator. As a chef at heart, he know's what people are looking for dining
out and looks forward to being a member of this community. Staff will be trained in Title
4 liquor laws to ensure compliance.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This location has been open since 2005 with a liquor license. The neighborhood calls
this restaurant an Original Phoenix Favorite. Phoenicians know FEZ as a place to
relax, share a drink and conversation while consuming delicious food. FEZ quickly
became a favorite gathering place in a contemporary setting filled with comfort.”

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

Attachments
Attachment - FEZ - Data
Attachment - FEZ - Map

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

Page 40
Liquor License Data: FEZ
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 5 2

Government 5 7 5

Bar 6 47 14

Beer and Wine Bar 7 17 8

Liquor Store 9 5 1

Beer and Wine Store 10 16 4

Hotel 11 7 1

Restaurant 12 123 53

Club 14 2 0



Crime Data

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

Property Crimes 64.2 260.16 348.3

Violent Crimes 12.31 56.71 66.24

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



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 45 64

Total Violations 78 88




Page 41
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1118002 1030 67 9 17

1118004 671 62 6 6

1129001 1670 70 4 19

1129002 815 37 22 24

1130001 1218 23 16 11

1130002 873 29 21 38

1131001 1015 7 8 28

1131002 1242 3 7 33

Average 0 61 13 19




Page 42
Liquor License Map: FEZ
105 W PORTLAND ST




Ü
Date: 1/19/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 43



Report

Liquor License - TravelCenters of America

Request for a liquor license. Arizona State License Application 264877.

Summary

Applicant
Monica Copeland, Agent

License Type
Series 10 - Beer and Wine Store

Location
6741 W. Latham St.
Zoning Classification: A-1
Council District: 7

This request is for a new liquor license for a convenience store that sells gas. This
location was previously licensed for liquor sales and may currently operate with an
interim permit.

The 60-day limit for processing this application is March 12, 2024.

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

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


Page 44

applicant in the State of Arizona.

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

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

I have the capability, reliability and qualifications to hold a liquor license because:
“I am a resident of Arizona and the manager of this facility. I have completed manager
and basic server training and I am regularly at the premises and familiar with the day
to day operations. The company is a national company that owns and operates in
excess of 285 locations similar to this one throughout the United States and holds
similar retail liquor licenses at a majority of those facilities. The company has
developed employee training regarding sales of alcoholic beverages and maintains
protocols for proper service in its employee handbook. I am familiar with the training
and the service protocols and will work with the employees to ensure compliance with
city and state alcoholic beverage laws.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This is an existing business that has recently undergone a change of ownership. The
Seller held a Series 10 beer and wine store license and has authorized TA Operating
LLC as the new owner to obtain an interim permit for continued sales of beer and wine.
A continuation of this service under the new owner is in the best interest of the
community.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - TravelCenters of America - Data
Attachment - TravelCenters of America - Map

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




Page 45
Liquor License Data: TRAVELCENTERS OF AMERICA
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 1

Liquor Store 9 4 1

Beer and Wine Store 10 11 6

Restaurant 12 1 1


Crime Data

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

Property Crimes 64.2 144.61 133.86

Violent Crimes 12.31 31.23 32.27

*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 46 58

Total Violations 81 79




Page 46
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1125021 2307 68 10 33

1125032 2132 78 12 25

1125052 946 55 7 27

1125054 2317 41 22 37

1125055 1860 3 20 44

1125081 2267 87 9 19

1125093 2841 0 14 49

Average 0 61 13 19




Page 47
Liquor License Map: TRAVELCENTERS OF AMERICA
6741 W LATHAM ST




Ü
Date: 1/16/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 48



Report

Liquor License - Special Event - Liberty Wildlife Inc.

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

Summary

Applicant
Margaret Mosby

Location
2600 E. Elwood St.
Council District: 8

Function
Cultural Event

Date(s) - Time(s) / Expected Attendance
April 13, 2024 - 4 p.m. to 7 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 49



Report

Liquor License - Full Speed, LLC

Request for a liquor license. Arizona State License Application 266577.

Summary

Applicant
Rebekka Holmes, Agent

License Type
Series 12 - Restaurant

Location
511 E. Roosevelt St.
Zoning Classification: DTC-Evans Churchill East
Council District: 8

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

The 60-day limit for processing this application is March 9, 2024.

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 50

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.

Little Miss BBQ (Series 12)
8901 N. 7th St.
Calls for police service: 12
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 currently own and operate Little Miss BBQ-Sunny Slope which has a series 12 liquor
license. I always file timely reports, and abide by DLLC laws for serving alcohol.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Full Speed is a new restaurant concept opening on Roosevelt Row. We will be serving
fried chicken and pork ribs along with sides and deserts. We feel that a liquor license
will bring in more customers eating, dining and drinking in our establishment. We are
creating an inviting atmosphere with amazing food and want to include liquor as part of
our offerings. We always aim the "Be the best part of people's day" and will continue to
strive to be an asset to the city of Phoenix.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Full Speed, LLC - Data
Attachment - Full Speed, LLC - Map

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



Page 51
Liquor License Data: FULL SPEED, LLC
Liquor License

Description Series 1 Mile 1/2 Mile

Producer 1 1 0

Microbrewery 3 4 2

Wholesaler 4 1 0

Government 5 7 4

Bar 6 46 13

Beer and Wine Bar 7 16 6

Liquor Store 9 4 0

Beer and Wine Store 10 14 7

Hotel 11 8 3

Restaurant 12 123 46

Club 14 1 0


Crime Data

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

Property Crimes 64.2 262.97 304.03

Violent Crimes 12.31 56.34 63.69

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



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 45 128

Total Violations 78 209




Page 52
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1118004 671 62 6 6

1130001 1218 23 16 11

1130002 873 29 21 38

1131002 1242 3 7 33

1132021 731 33 20 74

1132022 1257 47 29 55

1132031 1473 30 20 57

1132032 638 28 7 70

1141001 2299 16 37 44

Average 0 61 13 19




Page 53
Liquor License Map: FULL SPEED, LLC
511 E ROOSEVELT ST




Ü
Date: 2/21/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 54



Report

Liquor License - The Sidewinder

Request for a liquor license. Arizona State License Application 273943.

Summary

Applicant
Esther Noh, Agent

License Type
Series 12 - Restaurant

Location
924 E. Roosevelt St.
Zoning Classification: C-1 ACOD
Council District: 8

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit. This business has plans
to open in April 2024.

The 60-day limit for processing this application is March 11, 2024.

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

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 55

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Sottise (Series 12)
1025 N. 2nd St., Phoenix
Calls for police service: 2
Liquor license violations: None

Restaurant Progress (Series 12)
702 W. Montecito Ave., Phoenix
Calls for police service: 1
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:
“My business partner and I have the privilege of being proprietors of two other
successful restaurants that hold Series 12 Liquor Licenses. We have demonstrated a
strong understanding of Title 4 Laws by consistently maintaining compliance without
any violations.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“It will promote economic growth and stimulate local business, contribute to Garfield's
social scene, fostering social social interactions and community bonding, as well as
raise the community's profile and reputation, making it more attractive to potential
residents, businesses & investors.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - The Sidewinder - Data


Page 56

Attachment - The Sidewinder- Map

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




Page 57
Liquor License Data: THE SIDEWINDER
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 2 2

Wholesaler 4 1 0

Government 5 7 0

Bar 6 24 1

Beer and Wine Bar 7 11 1

Liquor Store 9 3 0

Beer and Wine Store 10 16 7

Hotel 11 3 0

Restaurant 12 93 16



Crime Data

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

Property Crimes 64.2 251.96 176.22

Violent Crimes 12.31 52.99 37.26

*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 46 228

Total Violations 81 396




Page 58
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1117003 1057 64 2 10

1130002 873 29 21 38

1131002 1242 3 7 33

1132011 1312 29 26 48

1132012 962 50 23 44

1132021 731 33 20 74

1132022 1257 47 29 55

1132031 1473 30 20 57

1132032 638 28 7 70

Average 0 61 13 19




Page 59
Liquor License Map: THE SIDEWINDER
924 E ROOSEVELT ST




Ü
Date: 1/16/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 60




PAYMENT ORDINANCE (Ordinance S-50616) (Items 20-23)
Ordinance S-50616 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.

20 VRC Companies, LLC, dba Vital Records Control
For $108,500 in payment authority for a new contract, entered on or about
March 15, 2024, for a term of five years for off-site records management
services for various City departments. Off-site records management
services are necessary to store and protect system backup media in a
secure and local off-site location. This contract will also aid with disaster
and data recovery plans for City records.

21 Go AZ Motorcycles
For $129,000 in payment authority for a new contract, entered on or about
March 1, 2024, for a term of three years, which will provide motorcycle
officer helmets, accessories, communications and required maintenance
for the Police Department. Traffic Bureau motorcycle officers and
students require modular helmets and accessories to provide face
protection if a collision occurs, as well as eye protection from the
elements such as sand, road debris and rain. This is imperative as the
motorcycles used are not equipped with windshields. In addition, due to
the nature of motor officer police work, part replacement and helmet
maintenance is necessary during the life of a helmet.




Page 61

22 Matrix Consulting Group

For $68,000 in payment authority to purchase consulting services for the
Planning and Development Department. Matrix Consulting Group will
expand their prior Public Safety Infrastructure Pilot Study to include
information that was not available at the time of the initial study. The
consulting services will update projections and model future street
networks and include the review and update of planned fire station
locations and timing of growth for new facilities. In addition, the consulting
services will include a review of the current methodology for determining
equivalent demand unit (EDU) factors for impact fee assessment.
Funding is available in Planning and Development's operating budget.

23 AGAS MFG, Inc.
For $65,000 in payment authority for a new contract, entered on or about
March 15, 2024, for a term of five years for flags, flagpoles, and
accessories for Citywide departments. This contract will provide
all-weather flags for display at various locations throughout the City on an
as-needed basis. Flags provided will include the United States, State of
Arizona, City of Phoenix, and various international flags. This contract will
also provide flagpoles, mounting hardware, and flag-related accessories
necessary for flag display.




Page 62



Report

Public Education Program through Arizona Media Association Contract - RFA 24
-0061 Request for Award (Ordinance S-50626)

Request to authorize the City Manager, or his designee, to enter into a contract with
Arizona Media Association to provide Public Service Messaging and Marketing for the
Communications Office. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contract will not exceed $1,020,000.

Summary
This contract will provide the Communications Office with the design and
implementation of public service campaigns and advertising. Proposed Public
Education Programs campaigns will promote water conservation, drought messaging,
various departmental hiring campaigns and storm water awareness. The Arizona
Media Association is government-focused and can also use marketing performance
tools to track key performance metrics and delivery. This will ensure advertisements
are placed in accordance with Communications Office goals to identify and purchase
advertisement space on channels that are relevant to the City's target audiences at
optimal times.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved determination memo based on special circumstances, being
without competition. The Public Education Program offered by Arizona Media
Association is the only program in Arizona that provides discounted statewide
advertising on TV, radio, and digital platforms which is only available to government
agencies and nonprofit groups. The Communications Office benefits by leveraging the
significant discounts provided by Arizona Media Association.

Contract Term
The contract will begin on or about March 1, 2024, for a five-year term with no options
to extend.

Financial Impact
The aggregate contract value for will not exceed $1,020,000 for the five-year



Page 63

aggregate term. Funding is available in the Communication Office budget.

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




Page 64



Report

Acceptance of an Easement for Drainage Purposes (Ordinance S-50643)

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: NexMetro Western Garden, LLC
Purpose: Drainage
Location: Southeast corner of N. 97th Avenue and W. Indian School Road
File: 230107
Council District: 5

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




Page 65



Report

Acceptance and Dedication of Easements and Deeds for Sidewalk, Roadway and
Public Utility Purposes (Ordinance S-50644)

Request for the City Council to accept and dedicate easements and deeds for
sidewalk, roadway, and public utility purposes, further ordering the ordinance recorded.

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

Easement (a)
Applicant: Kierland Office Park Condos Owners Association, Inc., its successor and
assigns
Purpose: Sidewalk
Location: 7077 E. Marilyn Road
File: 230099
Council District: 2

Easement (b)
Applicant: H Cubed Investments, LLC, its successor and assigns
Purpose: Sidewalk
Location: 5020 N. 21st Ave. (5022 N. 21st Ave.)
File: 230119
Council District: 4

Deed (c)
Applicant: Vahagh Kagramanyan, its successor and assigns
Purpose: Roadway
Location: 900 E. Roma Ave.
File: 230070
Council District: 4

Easement (d)
Applicant: Karla L. Davila; Carlos Ruiz, its successor and assigns


Page 66

Purpose: Public Utility
Location: 1325 E. Hadley St.
File: 230116
Council District: 8

Deed (e)
Applicant: Karla L. Davila; Carlos Ruiz, its successor and assigns
Purpose: Roadway
Location: 1325 E. Hadley St.
File: 230116
Council District: 8

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




Page 67



Report

Grant of Electrical Easement to Salt River Project Across City-owned Property
West of 48th Street and South of Pecos Road (Ordinance S-50623)

Request to authorize the City Manager, or his designee, to grant an electrical
easement to Salt River Project across City-owned property west of 48th Street and
south of Pecos Road for consideration in the amount of the appraised value and other
consideration. Further request to authorize the City Treasurer to accept all funds
related to this item.

Summary
Salt River Project (SRP) is requesting a power underground distribution easement
within Pecos Park to upgrade electrical facilities to service the surrounding area. The
easement, totaling approximately 1,356 square feet, will not impact the park
improvements and/or use. All costs related to the easement will be paid by SRP.

Financial Impact
Revenue will be reflective of the market value of the easement.

Location
West of S. 48th Street and south of E. Pecos Road, within Maricopa County Assessor
parcel number 301-85-086.
Council District: 6

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




Page 68



Report

Grant of Water and Sewer Easement to CPLC Broadway and Central LIHTC, LLC
Across City-owned Property North of Broadway Road and West of Central
Avenue (Ordinance S-50653)

Request to authorize the City Manager, or his designee, to grant a water and sewer
easement to CPLC Broadway and Central LIHTC, LLC, or related entity, across City-
owned property located north of Broadway Road and west of Central Avenue, at
market value. Further request to authorize the City Treasurer to accept all funds
related to this item.

Summary
The property, to be encumbered by the easement, is an unimproved property reserved
for right-of-way that is no longer needed, adjacent to the west side of the Ed Pastor
Transit Center at 10 W. Broadway Road. The easement, totaling 3,100 square feet, is
required for the development of the Pueblo Apartment Housing Development project.
CPLC Broadway and Central LIHTC, LLC, or related entity, will compensate the City
for the easement based on market value as determined by an appraisal or other
valuation method accepted by the Finance Department's Real Estate Division.

Financial Impact
Revenue will be reflective of the market value of the easement.

Location
North of Broadway Road and west of Central Avenue
Council District: 7

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




Page 69



Report

Amend Ordinance S-44898 for Acquisition of Real Property for the 27th and
Olney Avenues Storm Drain Project (Ordinance S-50621)

Request the City Council amend Ordinance S-44898 for authorization to acquire
additional real property and related property interests for the 27th and Olney Avenues
Storm Drain Project.

Summary
Ordinance S-44898 authorized the acquisition of real property for the 27th and Olney
Avenues Storm Drain Project. Property rights from three additional parcels will be
acquired for construction of a sidewalk, curb and gutter, not included in the original
design. The original design, that is currently under construction, included creation of a
storm drain and three retention basins. All other conditions and stipulations stated in
Ordinance S-44898 remain the same.

The additional properties impacted by this project are identified in Attachment A.

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

Concurrence/Previous Council Action
Ordinance S-44898 was adopted on July 5, 2018.

Location
Along the south side of Olney Avenue, between 23rd and 27th avenues
Council District: 8

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




Page 70
Attachment A
Property Identification

Amend Ordinance S-44898 for Acquisition of Real Property for the 27th Avenue
and Olney Avenue Storm Drain Project

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
300-16-011C 2429 W. Olney Ave.
300-16-011D 2425 W. Olney Ave.
300-16-020A 2415 W. Olney Ave.




Page 71



Report

Full Service and Decontamination Laundry Services - IFB 19-094 - Amendment
(Ordinance S-50634)

Request to authorize the City Manager, or his designee to allow additional
expenditures under Contract 150083 with Mission Linen Supply, for the purchase of full
service and decontamination laundry services for all City departments. Further request
to authorize the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $35,000.

Summary
This contract will provide laundry, rental, and dry-cleaning services to include uniforms,
costumes, tablecloths as well as towels, mats, smocks, dust mop heads, and laundry
bags for Citywide departmental use. The City also requires items that have been
biologically contaminated to be contracted out for laundry cleaning that is provided in
accordance with all federal, state, county, and city laws.

Contract Term
The contract term remains unchanged, ending on May, 31, 2024.

Financial Impact
Upon approval of $35,000 in additional funds, the revised aggregate value of the
contract will not exceed $260,000. Funds are available in various department budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Full Service and Decontamination Laundry Services - Requirements Contract
150083 (Ordinance S-45594) on May 1, 2019.

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




Page 72



Report

Employee Medical Health Clinic Services - EXC HR 23-004 (Ordinance S-50617)

Request to authorize the City Manager, or his designee, to enter into a contract with
Banner Employer Solutions, LLC, to provide medical health near site clinic services for
City employees and their eligible dependents. Further request to authorize the City
Controller to disburse all funds related to this item. The total value of the contract will
not exceed $3,000,000.

Summary
This contract is needed to continue receiving uninterrupted Medical Health Near Site
Clinic Services through Banner Employer Solutions, LLC. Approval of this agreement
will allow Banner Employer Solutions, LLC to continue the operation of the near-site
clinic at its current location in downtown Phoenix, and to continue providing common
clinical medical services to both adults and children. Services include urgent care level
services, injury care, primary care and wellness services. The agreement also includes
access to on-site pharmacy and laboratory services. The use of these services will
provide employees and their eligible dependents with greater flexibility and an
additional resource for routine or unplanned urgent care level services.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the negative impact to City
employees and their eligible dependents from not having the option of a near-site clinic
for routine or unplanned urgent care level services. Human Resources staff carved out
medical health near-site clinic services from the solicitation for Employee Medical
Health Plans Administrative Services (Request for Proposal HR 23-001) presently in
process. This ensures fairness to all interested offerors, since all known third party
administrators cannot provide these services.

The City will be issuing a competitive solicitation process in 2024 for Medical Health
Near-Site Clinic Services.

Contract Term
The contract will be effective through Dec. 31, 2025. Provisions of the contract include
one additional one-year option to extend the term.


Page 73


Financial Impact
The aggregate amount shall not exceed $3,000,000 and will be paid by the City's
Health Care Benefits Trust Fund. No General Funds will be used.

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




Page 74



Report

Amendments to Classification Plan (Ordinance S-5815) in Accordance with
Human Resources Committee 623 Recommendations (Ordinance S-50658)

The following amendments to the Classification Plan (Ordinance S-5815) are proposed
in accordance with the recommendation of Human Resources Committee 623, to be
effective on April 1, 2024. The proposal will also require modifications to the City’s Pay
Ordinance (S-49802), which will be processed under a separate ordinance.

Regrade the classification of Airport Operations Assistant, Job Code: 24010, Salary
Plan: 006, Grade/Range: 336 ($32,635 - $61,526/annual), Labor Unit Code: 003,
Benefit Category: 003, EEO-4 Category: Protective Service Nonsworn, FLSA Status:
Nonexempt to Grade/Range: 344 ($34,258 - $74,797/annual).

Regrade the classification of Court Security Officer, Job Code: 80010, Salary Plan:
006, Grade/Range: 332 ($32,427 - $55,806/annual), Labor Unit Code: 003, Benefit
Category: 003, EEO-4 Category: Protective Service Nonsworn, FLSA Status:
Nonexempt to Grade/Range: 342 ($32,635 - $71,240/annual).

Regrade the classification of Municipal Security Guard, Job Code: 80050, Salary Plan:
006, Grade/Range: 332 ($32,427 - $55,806/annual), Labor Unit Code: 003, Benefit
Category: 003, EEO-4 Category: Protective Service Nonsworn, FLSA Status:
Nonexempt to Grade/Range: 340 ($32,635 - $67,850/annual).

Regrade the classification of Airport Security Guard, Job Code: 24000, Salary Plan:
004, Grade/Range: 232 ($32,427 - $55,806/annual), Labor Unit Code: 002, Benefit
Category: 002, EEO-4 Category: Protective Service Nonsworn, FLSA Status:
Nonexempt to Grade/Range: 240 ($32,635 - $67,850/annual).

Regrade the classification of Senior Municipal Security Guard, Job Code: 80070,
Salary Plan: 001, Grade/Range: 036 ($32,635 - $61,526/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Protective Service Nonsworn, FLSA
Status: Nonexempt to Grade/Range: 042 ($32,635 - $71,240/annual).

Regrade the classification of Assistant Security Systems Supervisor, Job Code: 74470,
Salary Plan: 001, Grade/Range: 047 ($36,858 - $80,454/annual), Labor Unit Code:


Page 75

007, Benefit Category: 007, EEO-4 Category: Technicians, FLSA Status: Exempt to
Grade/Range: 053 ($42,661 - $93,122/annual).

Regrade the classification of Senior Utility Operator, Job Code: 50340, Salary Plan:
004, Grade/Range: 249 ($38,688 - $84,469/annual), Labor Unit Code: 002, Benefit
Category: 002, EEO-4 Category: Service Maintenance, FLSA Status: Nonexempt to
Grade/Range: 253 ($42,661 - $93,122/annual).

Regrade the assignment of Senior Utility Operator*SCBA, Job Code: 50341, Salary
Plan: 004, Grade/Range: 251 ($40,463 - $88,691/annual), Labor Unit Code: 002,
Benefit Category: 002, EEO-4 Category: Technicians, FLSA Status: Nonexempt to
Grade/Range: 255 ($44,803 - $97,781/annual).

Regrade and retitle the classification of Environmental Programs Coordinator, Job
Code: 23030, Salary Plan: 001, Grade/Range: 066 ($58,594 - $127,920/annual), Labor
Unit Code: 007, Benefit Category: 007, EEO-4 Category: Professionals, FLSA Status:
Exempt to Job Title: Environmental Program Manager, Grade/Range: 069 ($63,045 -
$137,592/annual).

Retitle the classification of Environmental Programs Manager, Job Code: 51300,
Salary Plan: 018, Grade/Range: 912 ($133,307 - $173,306/annual), Labor Unit Code:
008, Benefit Category: 010, EEO-4 Category: Professionals, FLSA Status: Exempt to
Job Title: Environmental Programs Administrator.

Regrade the classification of Equal Opportunity Specialist, Job Code: 07040, Salary
Plan: 001, Grade/Range: 055 ($44,803 - $97,781/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 057 ($47,029 - $102,669/annual).

Regrade the classification of Plan Review Coordinator, Job Code: 60960, Salary Plan:
001, Grade/Range: 060 ($50,627 - $110,510/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 064 ($55,806 - $121,826/annual).

Regrade the classification of Secretary III, Job Code: 00330, Salary Plan: 001,
Grade/Range: 034 ($32,635 - $58,594/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Administrative Support, FLSA Status: Nonexempt to
Grade/Range: 036 ($32,635 - $61,526/annual).

Regrade the classification of Architect, Job Code: 23040, Salary Plan: 001,
Grade/Range: 065 ($57,179 - $124,800/annual), Labor Unit Code: 007, Benefit


Page 76

Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 067 ($60,029 - $131,040/annual).

Regrade the classification of Electrical Plans Engineer, Job Code: 23520, Salary Plan:
001, Grade/Range: 062 ($53,165 - $116,022/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 067 ($60,029 - $131,040/annual).

Regrade the classification of Structural Plans Engineer, Job Code: 23540, Salary Plan:
001, Grade/Range: 062 ($53,165 - $116,022/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 067 ($60,029 - $131,040/annual).

Reclassify the filled position of Admin Aide*U8, Position #: 00016014, Job Code:
06022, Salary Plan: 012, Grade/Range: 743 ($33,426 - $72,966/annual), Labor Unit
Code: 008, Benefit Category: 008, EEO-4 Category: Administrative Support, FLSA
Status: Nonexempt to Job Title: Human Resources Aide, Job Code: 05020, Salary
Plan: 012, Grade/Range: 745 ($35,110 - $76,627/annual), Labor Unit Code: 008,
Benefit Category: 008, EEO-4 Category: Administrative Support, FLSA Status:
Nonexempt.

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

Financial Impact
The estimated cost for this action for the first year is $270,100.

Concurrence/Previous Council Action
On Feb. 13, 2024, Human Resources Committee 623 reviewed and recommended
these modifications for approval effective on April 1, 2024.

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




Page 77



Report

Amendments to Pay Ordinance (Ordinance S-49802) in Accordance with Human
Resources Committee 623 Recommendations (Ordinance S-50659)

The following amendments to the Pay Ordinance (Ordinance S-49802) are proposed
in accordance with the recommendation of Human Resources Committee 623, to be
effective on April 1, 2024. The proposal will also require modifications to the City’s
Classification Plan (Ordinance S-5815), which will be processed under a separate
ordinance.

Regrade the classification of Airport Operations Assistant, Job Code: 24010, Salary
Plan: 006, Grade/Range: 336 ($32,635 - $61,526/annual), Labor Unit Code: 003,
Benefit Category: 003, EEO-4 Category: Protective Service Nonsworn, FLSA Status:
Nonexempt to Grade/Range: 344 ($34,258 - $74,797/annual).

Regrade the classification of Court Security Officer, Job Code: 80010, Salary Plan:
006, Grade/Range: 332 ($32,427 - $55,806/annual), Labor Unit Code: 003, Benefit
Category: 003, EEO-4 Category: Protective Service Nonsworn, FLSA Status:
Nonexempt to Grade/Range: 342 ($32,635 - $71,240/annual).

Regrade the classification of Municipal Security Guard, Job Code: 80050, Salary Plan:
006, Grade/Range: 332 ($32,427 - $55,806/annual), Labor Unit Code: 003, Benefit
Category: 003, EEO-4 Category: Protective Service Nonsworn, FLSA Status:
Nonexempt to Grade/Range: 340 ($32,635 - $67,850/annual).

Regrade the classification of Airport Security Guard, Job Code: 24000, Salary Plan:
004, Grade/Range: 232 ($32,427 - $55,806/annual), Labor Unit Code: 002, Benefit
Category: 002, EEO-4 Category: Protective Service Nonsworn, FLSA Status:
Nonexempt to Grade/Range: 240 ($32,635 - $67,850/annual).

Regrade the classification of Senior Municipal Security Guard, Job Code: 80070,
Salary Plan: 001, Grade/Range: 036 ($32,635 - $61,526/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Protective Service Nonsworn, FLSA
Status: Nonexempt to Grade/Range: 042 ($32,635 - $71,240/annual).

Regrade the classification of Assistant Security Systems Supervisor, Job Code: 74470,


Page 78

Salary Plan: 001, Grade/Range: 047 ($36,858 - $80,454/annual), Labor Unit Code:
007, Benefit Category: 007, EEO-4 Category: Technicians, FLSA Status: Exempt to
Grade/Range: 053 ($42,661 - $93,122/annual).

Regrade the classification of Senior Utility Operator, Job Code: 50340, Salary Plan:
004, Grade/Range: 249 ($38,688 - $84,469/annual), Labor Unit Code: 002, Benefit
Category: 002, EEO-4 Category: Service Maintenance, FLSA Status: Nonexempt to
Grade/Range: 253 ($42,661 - $93,122/annual).

Regrade the assignment of Senior Utility Operator*SCBA, Job Code: 50341, Salary
Plan: 004, Grade/Range: 251 ($40,463 - $88,691/annual), Labor Unit Code: 002,
Benefit Category: 002, EEO-4 Category: Technicians, FLSA Status: Nonexempt to
Grade/Range: 255 ($44,803 - $97,781/annual).

Regrade and retitle the classification of Environmental Programs Coordinator, Job
Code: 23030, Salary Plan: 001, Grade/Range: 066 ($58,594 - $127,920/annual), Labor
Unit Code: 007, Benefit Category: 007, EEO-4 Category: Professionals, FLSA Status:
Exempt to Job Title: Environmental Program Manager, Grade/Range: 069 ($63,045 -
$137,592/annual).

Retitle the classification of Environmental Programs Manager, Job Code: 51300,
Salary Plan: 018, Grade/Range: 912 ($133,307 - $173,306/annual), Labor Unit Code:
008, Benefit Category: 010, EEO-4 Category: Professionals, FLSA Status: Exempt to
Job Title: Environmental Programs Administrator.

Regrade the classification of Equal Opportunity Specialist, Job Code: 07040, Salary
Plan: 001, Grade/Range: 055 ($44,803 - $97,781/annual), Labor Unit Code: 007,
Benefit Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 057 ($47,029 - $102,669/annual).

Regrade the classification of Plan Review Coordinator, Job Code: 60960, Salary Plan:
001, Grade/Range: 060 ($50,627 - $110,510/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 064 ($55,806 - $121,826/annual).

Regrade the classification of Secretary III, Job Code: 00330, Salary Plan: 001,
Grade/Range: 034 ($32,635 - $58,594/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Administrative Support, FLSA Status: Nonexempt to
Grade/Range: 036 ($32,635 - $61,526/annual).

Regrade the classification of Architect, Job Code: 23040, Salary Plan: 001,


Page 79

Grade/Range: 065 ($57,179 - $124,800/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 067 ($60,029 - $131,040/annual).

Regrade the classification of Electrical Plans Engineer, Job Code: 23520, Salary Plan:
001, Grade/Range: 062 ($53,165 - $116,022/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 067 ($60,029 - $131,040/annual).

Regrade the classification of Structural Plans Engineer, Job Code: 23540, Salary Plan:
001, Grade/Range: 062 ($53,165 - $116,022/annual), Labor Unit Code: 007, Benefit
Category: 007, EEO-4 Category: Professionals, FLSA Status: Exempt to
Grade/Range: 067 ($60,029 - $131,040/annual).

Reclassify the filled position of Admin Aide*U8, Position #: 00016014, Job Code:
06022, Salary Plan: 012, Grade/Range: 743 ($33,426 - $72,966/annual), Labor Unit
Code: 008, Benefit Category: 008, EEO-4 Category: Administrative Support, FLSA
Status: Nonexempt to Job Title: Human Resources Aide, Job Code: 05020, Salary
Plan: 012, Grade/Range: 745 ($35,110 - $76,627/annual), Labor Unit Code: 008,
Benefit Category: 008, EEO-4 Category: Administrative Support, FLSA Status:
Nonexempt.

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

Financial Impact
The estimated cost for this action for the first year is $270,100.

Concurrence/Previous Council Action
On Feb. 13, 2024, Human Resources Committee 623 reviewed and recommended
these modifications for approval effective on April 1, 2024.

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



Page 80



Report

Authorization To Apply for Local Judicial Collection Enhancement Fund Grant
Funding to Purchase Computer Hardware (Ordinance S-50645)

Request authorization for the Phoenix Municipal Court to apply for grant funding in an
amount not to exceed $180,000 from the Arizona Supreme Court administered Judicial
Collection Enhancement Fund (JCEF) to purchase computers and related hardware.
Further request authorization for the City Treasurer to accept, and for the City
Controller to disburse, all funds related to this item.

Summary
The Phoenix Municipal Court will use these funds to replace aging desktop computers,
laptops, and related hardware, as well as to replenish its stock of spare computers and
hardware. The purchase of additional hardware, and replacement of existing
hardware, will help the Court support expanded business needs, ensure the reliability
of the Court's business systems, minimize potential hardware failure and support
requirements, as well as maintenance costs.

Financial Impact
Funds will be made available in the Phoenix Municipal Court local JCEF account. The
Phoenix Municipal Court must submit a funding plan and application to the Arizona
Supreme Court Administrative Office of the Courts to secure approval for utilization of
JCEF funds pursuant to Arizona Revised Statutes section 12-113. No General Fund
dollars will be used.

Responsible Department
The item is recommended by Deputy City Manager Inger Erickson and Chief Presiding
Judge B. Don Taylor III.




Page 81



Report

Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
50637)

Request to authorize the City Manager, or his designee, to transfer retirement funds for
Michael Romeo in the amount of $18,372.87 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse the funds.

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

Romeo, Michael: $18,372.87

Concurrence/Previous Council Action
This item was approved by the COPERS Board at the Feb. 1, 2024, meeting.

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




Page 82



Report

Choice Neighborhoods Planning Grant for Marcos de Niza Public Housing
Community (Ordinance S-50652)

Request to authorize the City Manager, or his designee, to submit a Choice
Neighborhoods Planning Grant application for up to $500,000, or the maximum award
to the U.S. Department of Housing and Urban Development (HUD) for the Marcos de
Niza Public Housing community planning effort, and to enter into program contracts
and agreements and to take any and all actions deemed necessary or appropriate to
apply for and implement a Choice Neighborhoods Planning Grant, together with its
City-approved consulting partners to assist with the grant application and planning
processes. Further request to authorize the City Treasurer to accept and the City
Controller to disburse all grant, partner leverage, and match funds for the life of the
grant.

Summary
The objective of the HUD Choice Neighborhoods program is to support locally driven
solutions for transforming neighborhoods using place-based strategies to address the
interconnected challenges of distressed housing, low education attainment, poor
health, crime, and lack of capital. Choice Neighborhoods Planning Grant funds would
be utilized over a 24-month period to create a comprehensive neighborhood
transformation plan with extensive input from the community. The transformation plan
would be structured around the three core elements of the Choice Neighborhoods
program (Housing, Neighborhood, and People) and would serve as the community’s
vision for housing redevelopment, neighborhood revitalization, and supportive
services.

A planning process with residents and stakeholders would develop strategies to
replace existing public housing in the Marcos de Niza community with mixed-income
housing, improve educational outcomes for youth and families, and encourage public
and private reinvestment to increase economic and housing stability. The goal of the
community planning process is to create a resident and community-driven
transformation plan that would meet the criteria to apply for a Choice Neighborhoods
Implementation Grant in the future.




Page 83

The Housing Department has successfully applied for and received three HUD Choice
Neighborhoods Grants for the Edison-Eastlake Community (EEC): $1.5 million for
Planning and Action, $30 million for Implementation, and $10 million for supplemental
implementation to redevelop 577 public housing units as well as revitalize the
surrounding neighborhood and provide supportive services in the EEC, located
approximately 3.5 miles east of the Marcos de Niza site.

This Choice Neighborhoods Planning Grant effort will focus on the Marcos de Niza
public and affordable housing community and the surrounding neighborhood. Marcos
de Niza is located at 305 W. Pima Road and has a total of 374 units (281 Public
Housing and 93 Project Based Voucher) in 124 buildings on 30.5 acres (Site). Major
cross streets are West Buckeye Road and South Central Avenue, with the Site
bounded by South 1st Avenue to the east, West Yavapai Street to the north, and West
Mojave Street to the south. The Site is immediately adjacent to Harmon Park as well
as Lowell Elementary School. Marcos de Niza, originally constructed in 1942, will
require long-term development planning and is positioned close to downtown, with
many family-oriented amenities nearby. It is also located within walking distance of a
new station along the South Central Light Rail Extension.

The Housing Department will apply for a Choice Neighborhoods Planning Grant as
soon as HUD’s 2024 Notice of Funding Opportunity is released, which is anticipated
this spring. The grant application also requires at least a dollar-for-dollar match, which
the Housing Department has secured from partners. After completion of the community
planning effort, the resulting Transformation Plan will qualify for application to the
Choice Neighborhoods Implementation Grant program. The Housing Department
anticipates to apply in 2026 or 2027. The Housing Department will return to the City
Council to seek approval for the anticipated Implementation Grant application. The
Housing Department has initiated the application planning process by engaging a
planning coordination consulting team, which was approved by City Council on Dec.
13, 2023. This team will assist the Housing Department to complete the grant
application, create community engagement strategies, assess needs, and conduct the
planning process.

Contract Term
If awarded, the Housing Department will execute the appropriate contract agreement
(s) with HUD.

Financial Impact
There is no impact to the General Fund. The Choice Neighborhoods Planning Grant is
a federally funded program.



Page 84

Concurrence/Previous Council Action
On Dec. 13, 2023, via Ordinance S-50414, City Council approved entering into a
contract with The Liou Choice, LLC, to provide planning and coordination services in
connection with the development of a neighborhood revitalization plan and preparation
of a Choice Neighborhoods Planning Grant application for the Marcos de Niza
community.

Location
305 W. Pima Road and surrounding neighborhood
Council District: 8

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




Page 85



Report

Authorization to Annually Submit Head Start Birth to Five Refunding
Applications (Ordinance S-50622)

Request to authorize the City Manager, or his designee to: (a) annually submit the
Head Start Birth to Five Refunding Applications for approximately $48,269,349
annually or an aggregate not to exceed $266,718,621 for the five years of the grant
(2024-29) as approved by the Head Start Birth to Five Governing Board and; (b) enter
into or execute all contracts, documents, and agreements and take all other action
necessary or appropriate to implement the Head Start Birth to Five grants subject to
any necessary approval by the Head Start Birth to Five Governing Board. Further
request authorization for the City Treasurer to accept and the City Controller disburse
all funds related to this item. There is no impact to the General Fund.

Summary
The City of Phoenix Head Start Birth to Five program provides comprehensive
education and social services through two programs: Early Head Start (0-3 years) and
Head Start (3-5 years). There are 488 slots for infants and toddlers in Early Head Start
and 2,963 preschool slots in Head Start. The terms of the Head Start Birth to Five
grant is from July 1, 2024 and running through June 30, 2029. The grant require
grantees to submit a refunding application each year.

On Oct. 13, 2023, a solicitation was issued to procure Education Service Providers to
provide services for children birth to age five for the next five year grant cycle (2024-
29). Proposals are currently under evaluation with the goal of entering into contract
beginning July 1, 2024. Based on the evaluation process results, current contracts
could be extended for up to one year if consensus cannot be reached.

Contract Term
The City of Phoenix, as the Grantee, will enter into the first year of a five-year grant for
the Head Start Birth to Five program beginning July 1, 2024, with the remaining four
years of the five year contract term beginning July 1, 2025 and running through June
30, 2029.

Financial Impact
The grant funding for the first year of $48,269,349 is inclusive of $9,244,794 for Early


Page 86

Head Start and $39,024,555 for Head Start funding. The aggregate contract total of
$266,718,621 for the remaining four years of the grant (2025-29). Totals include a
forecasted five percent Cost of Living Adjustment annually for each of the remaining
four years of the grant. There is no impact to the General Fund.

Concurrence/Previous Council Action
This item was approved by the Economic Development and Housing Subcommittee,
which serves as the Head Start Governing Board, on Feb. 14, 2024. This item is
scheduled for review by the Head Start Policy Council on March 11, 2024.

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




Page 87



Report

Bookmobile for Underserved Areas - Architectural Services Amendment -
ND30010039 (Ordinance S-50636)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 159421 with Holly Street Studio, LLC for architectural services for the
Bookmobile for Underserved Areas project. Further request to authorize execution of
amendments to the agreement as necessary within the Council-approved expenditure
authority as provided below and for the City Controller to disburse all funds related to
this item. The additional fee for services included in this amendment will not exceed
$42,491.

Summary
The purpose of this project is to provide the design for an asphalt pad for a
bookmobile, asphalt parking lot, restrooms, lighting, utilities, a garage to house the
bookmobile and security cameras on an empty City-owned parcel of land on the corner
of Lower Buckeye Road and 67th Avenue.

This amendment is necessary because the initial fee for services was determined to
be insufficient for the comprehensive project costs proposed by the Consultant. This
amendment will provide additional funds to the agreement.

Contract Term
The term of the agreement remains unchanged. Work scope identified and
incorporated into the agreement prior to the end of the term may be agreed to by the
parties and work may extend past the termination of the agreement. No additional
changes may be executed after the end of the term.

Financial Impact
· The initial agreement for Architectural Services was approved for an amount not to
exceed $235,000, including all subconsultant and reimbursable costs.
· This amendment will increase the agreement by an additional $42,491, for a new
total amount not to exceed $277,491, including all subconsultant and reimbursable
costs.




Page 88

This amendment is funded by available Community Development Block Grant funds.
The Budget and Research Department will separately review and approve funding
availability prior to the execution of any amendments. Payments may be made up to
agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Concurrence/Previous Council Action
The City Council approved Architectural Services Agreement 159421 (Ordinance S-
50292) on Nov. 1, 2023.

Location
6620 W. Lower Buckeye Road
Council District: 7

Responsible Department
This item is submitted by Deputy City Managers Inger Erickson, Gina Montes and Alan
Stephenson, the Library and Neighborhood Services departments, and the City
Engineer.




Page 89



Report

Yavapai County Consulting Services Intergovernmental Agreement Request
(Ordinance S-50655)

Request to authorize City Manager, or his designee, to enter into an intergovernmental
agreement with Yavapai County, through the Yavapai County School Superintendent
(YCSS), to provide the City of Phoenix, through the Phoenix Public Library (PPL,)
assistance in identifying and applying for funds, equipment, vendors, and service
providers in order to support PPL's participation in the federal E-Rate Program. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the contract will not exceed $60,000 and the term will be five years with
no option to extend.

Summary
Phoenix Public Library is a participant in the federal E-Rate Program, the commonly
used name for the Schools and Libraries Service Fund, which is administered by the
Universal Service Administration Company under the direction of the Federal
Communications Commission. The E-Rate Program provides discounts and financial
support for telecommunications services, internet access, internal connections and
basic maintenance of the internal connections for schools and libraries. In order to be
eligible for the significant discount, PPL must provide certain resources such as:
computers, telephones, software, and other elements necessary to fully utilize the
connectivity funded by the E-Rate Program. The E-Rate Program ensures that library
customers have access to advanced telecommunication services at reasonable rates
regardless of their location.

YCSS is a designated local education agency that specializes in helping libraries apply
for funding under the E-Rate Program by providing services such as identifying the
appropriate funds available, selecting providers to qualify for E-Rate Program funding,
and utilizing them in a manner that aligns with the goals of both the E-Rate Program
and the PPL.

Contract Term
The agreement shall begin on or about July 1, 2024, for a five-year term with no
options to extend.



Page 90

Financial Impact
The total value of the agreement shall not exceed $60,000, with payment of up to
$12,000 each year. Funding is available in the Library Department budget.

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




Page 91



Report

Request to Amend Contract with Central Arizona Shelter Services, Inc. for The
Haven Facility Improvements (Ordinance S-50624)

Request to authorize the City Manager, or his designee, to extend Contract 156214
with Central Arizona Shelter Services, Inc. (CASS) for the completion of COVID-19
related essential public facility improvements to The Haven (formerly called The Haven
2). There is no impact to the contract value or General Fund.

Summary
On July 1, 2021, the City Council approved entering into a contract with CASS to
utilize Community Development Block Grant Corona Virus (CDBG-CV) funds for public
facility improvement costs to create 170 new emergency shelter bed facility, focused
on individuals experiencing homelessness over the age of 55 years old. On May 31,
2023, the City Council approved an extension through Dec. 31, 2023, with an option to
extend for an additional three months, to allow to allow CASS additional time to
complete the scope of the contract.

Due to the substantial impact of unforeseen construction delays to the project and
schedule, an extension through June 30, 2024, with an option to extend an additional
three months, is necessary to complete the project and allow for final payment. The
value of the contract will remain unchanged and will not exceed $4,000,000 in CDBG-
CV funds.

Contract Term
The term of the contract extension period will be from March 31, 2024, through June
30, 2024, with an option to extend for an additional three months, exercised at the
discretion of the City Manager, or his designee.

Financial Impact
The total contract value will remain unchanged and will not exceed $4,000,000.
Funding is available from Community Development Block Grant CARES Act funds.
There is no impact to the General Fund. Payments may be made up to agreement
limits, which may extend past the agreement termination.




Page 92

Concurrence/Previous Council Action
· On July 1, 2021, the City Council approved Contract 156214 with Ordinance S-
47805.
· On May 31, 2023, the City Council approved an extension to Contract 156214 with
Ordinance S-49786.

Location
8152 N. Black Canyon Highway
Council District: 5

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




Page 93



Report

Artist Contract for Lone Mountain Park Public Art Project (Ordinance S-50641)

Request to authorize the City Manager, or his designee, to enter into a contract, and
amendments as necessary, with WOWHAUS for an amount not to exceed $450,000 to
design, fabricate, and install public art at Lone Mountain Park. Further request
authorization for the City Controller to disburse all funds related to this item.

Summary
The Fiscal Year (FY) 2023-28 Public Art Plan includes funding for artwork to be located
at Lone Mountain Park, currently 39.5 acres of undeveloped land at 56th Street and
Montgomery Road in District 2. The Lone Mountain Park updated master plan was
approved by the City of Phoenix Parks and Recreation Board in September 2023. The
project, including integrated public art elements, is expected to be completed in 2025.

A selection panel reviewed applicants from the Pre-Qualified Artist Roster for City
Parks which was established in May 2023. The recommended artist team of Ene
Osteraas-Constable and Scott Constable (WOWHAUS) was chosen for their previous
collaborations with public parks and experience with innovative, interactive, and
functional artworks. WOWHAUS will work with the project design team, the Parks and
Recreation Department, and the nearby community to identify the best locations for the
integration of artwork within the park infrastructure.

The selection panel included Mary Beth Bannon, Arts Educator and District 2 resident;
Jeff Lothner, Associate Principal Landscape Architect, Dig Studio; and Tony Salinas,
Recreation Supervisor, City of Phoenix Parks & Recreation Department. WOWHAUS
will be responsible for community outreach, design development, structural
engineering, fabrication and installation of the artwork. Should WOWHAUS be unable
to fulfill their contractual obligations, the panel recommends Dixie Friend Gay as the
alternate artist for this project.

Financial Impact
The proposed $450,000 budget will cover all costs related to the design, fabrication,
and installation of the artwork. Funding for this project was included in the FY2023-28
Public Art Plan approved by City Council on July 3, 2023. Funds are available in the
department’s Capital Improvement Budget using Percent-for-Art funds.


Page 94


Concurrence/Previous Council Action
The Economic Development and Housing Subcommittee reviewed and approved this
item at its Feb. 14, 2024 meeting.
The Phoenix Arts and Culture Commission reviewed and recommended this item for
approval on Jan. 9, 2024, by a vote of 10-0.

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




Page 95



Report

National Endowment for the Arts Grants for Arts Projects (Ordinance S-50657)

Request authorization for the City Manager, or his designee, to apply for, accept, and if
awarded, enter into an agreement for up to $150,000 in National Endowment for the
Arts (NEA) for Arts Projects (Local Arts Agency) funding. The grant funds would be
used by the Phoenix Office of Arts and Culture in Fiscal Year (FY) 2024-25 to continue
the City's Artists to Work program. Further, authorize the City Treasurer to accept and
the City Controller to disburse the funds for purposes of this ordinance.

Summary
The NEA Grants for Arts Project (Local Arts Agency) program is a flexible funding
category developed to recognize and assist the cultural programming and
achievements of the nation's local arts agencies. The Office of Arts and Culture is the
designated local arts agency for the City of Phoenix.

If awarded, the grant funds will be used to continue the Artists to Work Program in FY
2024-25. The American Rescue Plan Act initially funded this program, and funds expire
in December 2024. The NEA funds will enable the department to provide grant funds
to individual artists to support creating and presenting original, new, or in-process
artistic work by practicing Phoenix artists. These artists will receive professional
development and mentorship to build partnerships and project sustainability after the
grant period.

Financial Impact
The NEA Grants for Arts Projects (Local Arts Agency) program requires a one-to-one
match by applicants. The Office of Arts and Culture's FY 2024-25 General Fund
appropriation will be used to match the grant award.

Concurrence/Previous Council Action
The Economic Development and Housing Subcommittee reviewed and approved this
item at its Feb. 14, 2024 meeting with a 4-0 vote.

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


Page 96



Report

Native American Graves Protection and Repatriation Act Program
Consultation/Documentation Grant (Ordinance S-50647)

Request to authorize the City Manager, or his designee, to apply for, accept and, if
awarded, enter into agreements with the National Parks Service for the 2024 National
Native American Graves Protection and Repatriation Program
Consultation/Documentation Grant. Further request to authorize the City Treasurer to
accept, and for the City Controller to disburse, all funds related to this item.

Summary
The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal
law which requires museums that receive federal funds to complete inventories and
summaries of Native American cultural items in their collections. It is intended to
facilitate the repatriation of Native American human remains (ancestors), funerary
objects, sacred objects and objects of cultural patrimony. The law also requires
museums to consult with culturally affiliated Native American tribes.

In 2017, the City received one NAGPRA grant which focused on the documentation of
ancestors in the collection of S’edav Va’aki Museum (SVM, formerly Pueblo Grande
Museum). This grant resulted in the repatriation of over 300 Ancestors and over 600
funerary objects from the collections.

In consultation with Native American tribes, SVM has identified additional issues with
potential funerary objects in its collection. Under NAGPRA, a funerary object is “any
object reasonably believed to have been placed intentionally with or near human
remains… either at the time of death or later, to a death rite or ceremony of a Native
American culture…” The question with objects in the collection at SVM is with the
research methods used to identify the objects. Prior to 2017, research methods used
the standard of proof “beyond a reasonable doubt” to identify funerary objects in the
collection. The current standard of proof required by law is “preponderance of the
evidence” which is a lower standard.

To remedy this issue, the Parks and Recreation Department requests permission to
apply for a NAGPRA Consultation/Documentation Grant. The large amount of time and
specialized skill required by this project necessitates the documentation be conducted


Page 97

by individuals with professional experience doing archaeological research, working
with archaeological objects and writing NAGPRA summaries and notices.

The grant will be used to pay for contracted researchers at SVM to review project
reports, field notes and context information for archaeological specimens. The
researchers will then make recommendations regarding objects that are reasonably
believed to be funerary objects and will also identify potential sacred objects which
may need repatriation as well.

The contractor will write the legally required NAGPRA paperwork which includes
summaries to be sent to Native American tribes, as well as notices to be published in
the Federal Register. SVM will use the information generated by this research to
consult with Native American tribes concerning the identification of funerary objects
and sacred objects. The cost of this contracted work is beyond the scope of the Parks
and Recreation Department budget; therefore, the department would like to apply for
the National NAGPRA Program Consultation/Documentation Grant. The United States
Department of the Interior administers these funds through the National Parks Service.

Financial Impact
If awarded, the grant will provide up to $100,000 to review the archaeological
collection at SVM. No matching funds are required.

Concurrence/Previous Council Action
This item was heard by the Transportation, Infrastructure and Planning Subcommittee
on Feb. 21, 2024, and approved by a vote of 4-0.

Location
S’edav Va’aki Museum, 4619 E. Washington St.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager John Chan and the Parks and
Recreation Department.




Page 98



Report

***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** (CONTINUED FROM
FEB. 7, 2024) - Central Business District Boundary Update (Resolution 22183)

Request to amend Resolution 17093 to modify the boundaries of the Phoenix Central
Business District (CBD).

Summary
The original City of Phoenix CBD was established on Dec. 28, 1961. This original area
was approximately 30 blocks in the City Center and was expanded in 1987 through
Resolution 17093 to include just over two square miles of downtown (Attachment A).
In 1993, a second CBD was established for part of the Sky Harbor Center
Redevelopment Area to assist with the redevelopment of the areas south and west of
Phoenix Sky Harbor International Airport. The Sky Harbor CBD was expanded in 1993,
1996, and 2003. The purpose of creating a CBD was to establish a “Phoenix Tax
Incentive District” to encourage private investment in the construction of substantial
new improvements.

In 2018, the Arizona Legislature modified the Arizona Revised Statutes (A.R.S.)
requirements for a CBD, making several changes that impacted how Arizona cities
could establish the boundaries for a CBD. The modifications included a restriction on
the size of a CBD, limiting areas to not more than two-and-one-half percent of that total
land area of the municipality. In Phoenix this is just over 12 square miles. Additionally,
the CBD must be contiguous and geographically compact with a form that has a length
that is not twice its width. Despite legislative changes, the existing CBD boundary of
Phoenix is grandfathered in and remains in its approved form, with the exception of the
second CBD near Phoenix Sky Harbor Airport which has remained inactive since
2018. Modification of the CBD is possible; however, the new boundary for the CBD
would need to comply with the modified requirements regarding the size and shape of
the district boundary.

The proposed modifications to the CBD would be to expand the boundary to be
generally from Thomas Road on the north to one half block south of Broadway Road
on the south and the 23rd Avenue alignment on the west to 7th Street on the east. The
boundaries are more specifically shown in Attachment B. The proposed updated
boundary complies with the modified requirements in state law and will provide new


Page 99

opportunities for redevelopment in the updated Downtown Redevelopment Area, the
Rio Salado Redevelopment Area and the Target Area B Redevelopment Area.

Concurrence/Previous Council Action
Updates on the Phoenix Central Business District were presented to the Economic
Development and Equity Subcommittee on Feb. 22, 2023 and June 14, 2023. On June
28, 2023, staff presented a modified proposal for recommendation to Economic
Development and Equity Subcommittee and the item was approved by a vote of 4-0.

Public Outreach
Staff presented to the Phoenix Community Alliance Public Affairs Committee on Jan. 9,
2024, the Phoenix Community Alliance Social & Housing Advancement Committee on
Jan. 11, 2024, and the Downtown Voices Coalition on Jan. 13, 2024. Presentations
were also offered to the Central City and Encanto village planning committees.

Location
Boundaries of the updated Central Business District are generally Thomas Road on
the north and Broadway Road on the south, 23rd Avenue on the west and 7th Street
on the east.
Council Districts: 4, 7 and 8

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




Page 100
To: John Chan Deputy Date: February 27, 2024
Deputy City Man er

From: Christine Mack
Community & E evelopment Director

Subject: REQUEST TO CONTI NU ITEM 44 , CENTRAL BUSINESS DISTRICT
B OUNDARY UPDATE, FR THE MARCH 6, 2024 FORMAL AGENDA
�


The purpose of this memo is to request the continuance of the following item on the
March 6, 2024 Formal Agenda-Item 44- Resolution 22183, Central B usiness District
Boundary Update. The Community and Economic Development is requesting a
continuance to April 17, 2024.


Approved by:



Date




Page 101
ATTACHMENT A




Page 102
Atachment B




Page 103
Page 104



Report

Metro District Community Organizing Consulting Services SOL-CED23-MDCS -
Request for Award (Ordinance S-50656)

Request to authorize the City Manager, or his designee, to enter into contract with
Gordon C. James Public Relations, Inc. (Consultant) for the delivery of community
organizing services for the Metro District. Further request to authorize to enter into an
agreement with Concord Wilshire Capital, LLC (Developer), or its designee, for cost
sharing purposes, and authorization to receive and disburse funds related to this item.
Additionally, request staff authority to enter into agreements as necessary to enable
Consultant to establish the Metro District organization as a 501(c)(3) non-profit.
Further request to authorize the City Controller to disburse all fund related to this item
and authorize the City Treasurer to accept funds associated with this request. The
value of the Consultant's contract will not exceed $125,000.

Summary
In 2021, an effort led by the 19 North Community Alliance created the Metro District
Community Collaboration (MDCC). The MDCC consisted of businesses and property
owners centered around the former Metrocenter Mall which closed in June 2020. The
MDCC sought to brand and market the area and focus on building capacities to
collaborate on public safety matters.

In 2022, the Council-approved 27th Avenue Corridor Community Safety and Crime
Prevention Plan called for strengthening partnerships with groups such as the MDCC.
Additionally, the Developer announced its intent to purchase the former mall. The City
and Developer agreed to financially support the MDCC. A one-year consulting services
contract was awarded to Community Alliance, LLC (Community Alliance) on May 25,
2022, with a commitment to competitively procure the work for a longer term.

Upon conclusion of the agreement with Community Alliance, an informal solicitation
was issued and resulted in a recommendation to contract with the Consultant, which
will continue to deliver services for the MDCC that include:

1. Enhance Public Safety - proactively engage the community to combat blight, litter,
graffiti, trespassing and other conditions negatively impacting safety in the area.
2. Business Assistance - promote the general welfare of businesses in the area and


Page 105

work with stakeholders to raise awareness of businesses in the area through events
and marketing efforts.
3. Building Relationships - serve as the conduit for connecting businesses and
property owners with one another and with external agencies. The Consultant will
serve as the focal point for connecting businesses and property owners with one
another and with external agencies.

Delivery of these services by the Consultant will enhance the effectiveness of the
Crime Prevention Plan and better position the area for future redevelopment by the
Developer. Some of the achievements of the previous investment include a dedicated
community office at 9610 N. Metro Parkway West, sign toppers branding the area, and
the launch of a private security collaborative funded by area businesses and property
owners. The Consultant will continue to build on these successes to make the MDCC
an effective organization that creates a sense of place and advocates for the Metro
District.

To support long term sustainability of the MDCC, the Consultant is also tasked with
creating a 501(c)(3) non-profit organization as well as developing and executing a
fundraising plan to make the non-profit financially self-sufficient without City support.

Procurement Information
The Metro District Community Organizing Consulting Services Informal Solicitation
(SOL-CED23-MDCS) was issued on Sep. 1, 2023, and conducted in accordance with
Administrative Regulation 3.10. Two proposals were received; one of which was
deemed non-responsive. On Oct. 12, 2023, staff identified Consultant as the sole
responsive proposer for this business opportunity.

Contract Term
The term of the contract is for one year, with two one-year renewal options.

Financial Impact
The value of the contract shall not exceed $125,000. Funds will be programmed in the
Downtown Community Reinvestment Fund within the Community and Economic
Development Department and the Developer will fund 50 percent of the Consultant’s
total annual costs through a contribution paid directly to the City.

Location
The Metro District Community Collaboration focus area is bounded by Peoria Avenue
to the north, Interstate 17 to the east, Dunlap Avenue to the south and 31st Avenue to
the west.
Council District: 1


Page 106


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




Page 107



Report

Holmatro Equipment, Parts and Service - Requirements Contract - RFA 24-0076
(Ordinance S-50620)

Request to authorize the City Manager, or his designee, to enter into a contract with
Extrication Concepts, LLC to provide Holmatro equipment, parts, and service to the
Fire 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 $2,500,000.

Summary
The contract will allow for the purchase of Holmatro rescue and extrication equipment,
parts, and services on an as-needed basis. The Fire Department uses Holmatro
rescue and extrication equipment to extricate victims of motor vehicle accidents and
building collapses. This equipment has the capability to lift, spread, cut, and breach
vehicles and building walls and is a critical part of the Fire Department's efforts to
provide life safety services to the public.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances without Competition.The Fire Department requests a contract
with Extrication Concepts, LLC for the purchase of Holmatro rescue and extrication
equipment, parts, and services. Extrication Concepts, LLC is the only authorized
distributor in Arizona of Holmatro equipment, parts and services.

Contract Term
The contract will begin on or about March 1, 2024. For a five-year term with no options
to extend.

Financial Impact
The aggregate contract value will not exceed $2,500,000 for the five-year aggregate
term. Funding is available in the Fire Department's budget.

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



Page 108



Report

Leather Bunker Boots - PS16004 - Letter of Agreement to Extend Contract for
Leather Bunker Boots (Ordinance S-50627)

Request to authorize the City Manager, or his designee, to enter into Letter of
Agreement with United Fire Equipment Company to continue to provide Leather
Bunker Boots. Further request to authorize the City Controller to disburse all funds
related to this item. No additional funds are needed, request to continue using
Ordinance S-47222.

Summary
The purpose of this Letter of Agreement is to continue to provide leather bunker boots
to protect firefighters from toxic and dangerous chemicals while responding to calls for
service. The Fire Department supplies leather bunker boots to firefighters as part of
their personal protective equipment (PPE) worn on-call or in training. The supply of
leather bunker boots will ensure that the Fire Department has adequate stock for use
in their inventory. This equipment is a critical part of the Fire Department's efforts to
provide the life safety services to the public.

Contract Term
The term of the Letter of Agreement will begin on or about March 1, 2024 and expire
on Jan. 1, 2025.

Financial Impact
The aggregate value of the contract will not exceed $4,000,000 and no additional
funds are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Leather Bunker Boots Contract 149255 (Ordinance S-50437) on Dec. 13, 2023.
· Leather Bunker Boots Contract 149255 (Ordinance S-48939) on Aug. 31, 2022.
· Leather Bunker Boots Contract 149255 (Ordinance S-47222) on Jan. 6, 2021.
· Leather Bunker Boots Contract 149255 (Ordinance S-45296) on Jan. 9, 2019.

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


Page 109



Report

Firefighter Equipment - National Purchasing Partners Cooperative Contract -
NPP 00000170 - Amendment (Ordinance S-50628)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 150751 with LN Curtis & Sons for the purchase of
Firefighter Equipment for the Fire and Public Works departments. Further request to
authorize the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $608,929.

Summary
This contract will provide essential tools for the Fire Department to accurately and
efficiently fight brush fire operations. These tools and equipment assist the Fire
Department to provide life safety services to the public in critical incidents and
complicated scenes to protect structures, land and people from the threat of fire when
a limited water supply is available.

The Public Works Department Fleet Services Division requests authority to use the
cooperative contract to purchase specialty products for Police and Fire vehicles. The
cooperative contract offers a wide variety of products such as extraction tools and
supplies, hazardous materials equipment, hoses, pumps, and other emergency-related
systems. The contract will allow Public Works Fleet Services to directly acquire
specialized products from multiple Fire Fighting Gear manufacturers to keep public
safety fleet ready for optimal service.

Contract Term
The contract term remains unchanged, ending on Aug. 31, 2024.

Financial Impact
Upon approval of $608,929 in additional funds, the revised aggregate value of the
contract will not exceed $1,260,929. Funds are available in the Fire and Public Works
departments' budgets.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Firefighter Equipment Contract 150751 (Ordinance S-45997) on Sept. 4, 2019; and


Page 110

· Firefighter Equipment Contract 150751 - Amendment (Ordinance S-47040) on Nov.
4, 2020;
· Firefighter Equipment Contract 150751 - Amendment (Ordinance S-48266) on Jan.
26, 2022.

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




Page 111



Report

Class A Uniforms for the Fire Department - RFA 17-160 - Amendment (Ordinance
S-50635)

Request to authorize the City Manager, or his designee to allow additional
expenditures under Contract 144899 with United Fire Equipment Company for the
purchase of Class A Uniforms for the Fire Department. Further request to authorize the
City Controller to disburse all funds related to this item. The additional expenditures
will not exceed $150,000.

Summary
This contract will provide Class A dress uniforms for the Fire Department in
accordance with the terms set forth in the 2016-19 Memorandum of Understanding
(MOU) between the City of Phoenix and the Phoenix Fire Fighters Association Local
493. This MOU requires that Class A dress uniforms be provided for all new hires and
promotions up to the level of Captain as a one-time benefit effective July 1, 2017.

Contract Term
The contract term remains unchanged, ending on June 30, 2024 with the option to
extend to June 30, 2025.

Financial Impact
Upon approval of $150,000 in additional funds, the revised aggregate value of the
contract will not exceed $940,000. Funds are available in the Fire Department’s
budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Class A Uniforms for the Fire Department Contract 144899 (Ordinance S-43415) on
April 19, 2017.
· Class A Uniforms for the Fire Department Contract 144899 (Ordinance S-49875) on
June 14, 2023.

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



Page 112



Report

Phoenix Fire Department Ambulance Model Conversion (Ordinance S-50661)

Request to convert part-time ambulance units to full-time status, reactivate frozen
firefighter positions, and create new firefighter and administrative support positions.

Summary
For nearly 40 years, the Phoenix Fire Department has provided an emergency
ambulance service, designed to offer the people of Phoenix the highest standard of
care and hospital transport in times of need. This service guarantees that anyone in
Phoenix requiring emergency help receives continuous, reliable care from the moment
they dial 9-1-1 until they reach the hospital. Despite handling an increasing number of
patient transports annually, a marked surge began in late 2022. This surge, continuing
through 2023, has placed considerable strain on the system's ability to consistently
meet the rising demand for services.

Like all ambulance services, the Fire Department's operation is regulated by the
Arizona Department of Health Services, which mandates the issuance of a Certificate
of Necessity. The department is required to charge for ambulance rides, with fees set
by the State. While the ambulance service generates revenue for the City of Phoenix
General Fund, it is not classified as an Enterprise Fund.

Faced with escalating pressures on the current model, the Fire Department undertook
an in-depth evaluation to identify ways to improve efficiency, effectiveness, and
solutions to alleviate the system's current strains. This led to the development of a
reorganization plan aimed at enhancing service delivery and mitigating the adverse
effects experienced by fire department personnel.

The Fire Department requests to convert 10 part-time, two-hour rescues to six full-time
rescues. This request includes creating 34 new 56-hour firefighter positions, four new
administrative support positions to support ambulance billing, and the reactivation of
14 frozen 56-hour firefighter positions. This request totals 48 new sworn positions and
four non-sworn positions. Staggered start dates include 16 firefighters and four
administrative support positions, with a target start in May 2024 and the remaining
firefighter positions in Fiscal Year 2024-25.



Page 113

The 34 new firefighter positions include 17 firefighters 56-hour (Job code 61010) and
17 firefighters 56-hour *Paramedic (Job code 6101C). The four new administrative
support positions for ambulance billing services include one Administrative Assistant I
(Job code 06030) and three Administrative Aides (Job code 06020). The 14 frozen
firefighter positions comprise of seven firefighters 56-hour (Job code 61010) with the
remaining seven positions to be reallocated to firefighter 56-hour *Paramedic (Job
code 61010C).

Financial Impact
The ambulance restructuring proposal will result in a nominal cost to cover new
firefighter turnout gear for new hires, which will be absorbed into the Fire Department’s
budget.

Concurrence/Previous Council Action
This item was approved by the Public Safety and Justice Subcommittee on Feb. 7,
2024.
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Fire Department.




Page 114



Report

JSI Telecom Software and Hardware Support - 149174 - Letter of Agreement to
Extend Contract for Hardware and Software Support with JSI Telecom, Inc.
(Ordinance S-50619)

Request to authorize the City Manager, or his designee, to enter into Letter of
Agreement with JSI Telecom, Inc. to continue providing wire tap and surveillance
system support and maintenance to the Police Department. Further request to
authorize the City Controller to disburse all funds related to this item. No additional
funds are needed, request to continue using Ordinance S-45216.

Summary
The purpose of this Letter of Agreement is to continue to provide support for wire
intercept systems for the Police Department's Drug Enforcement Bureau to conduct
joint complex investigations with the United States Drug Enforcement Administration
and other federal, state, and local agencies. The system will provide the ability to
continue providing wire intercepts, geo-locate cellular phones, investigate various
crimes, and locate endangered citizens. The support and maintenance agreement
includes warranties on all software, hardware, 24-hour technical support, engineering
support, and upgrades.

The use of this system requires a department or agency to present evidence to a judge
or magistrate and a search warrant to be issued. The request must include the criminal
offense under investigation, the type of intercept device, the physical location of the
device and the duration of intercept.

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

Contract Term
The term of the Letter of Agreement will begin on or about March 6, 2024 through Dec.
12, 2028.

Financial Impact
The aggregate value of the contract will not exceed $1,042,571 and no additional
funds are needed.


Page 115




Concurrence/Previous Council Action
The City Council previously reviewed this request:
· JSI Telecom Intercept Wire Tap and Surveillance System Contract 4701006344
(Ordinance S-45216) on Dec. 5, 2018;
· JSI Telecom Intercept Wire Tap and Surveillance System Contract 4701006344
(Ordinance S-49206) on Dec. 7, 2022.

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




Page 116



Report

Reimburse Frontier for Terminal 3 Baggage Service Office Build Out

Request to authorize the City Manager, or his designee, to issue terminal rent credits
to reimburse Frontier Airlines (Frontier) up to $217,190, for the construction of a
Baggage Service Office (BSO) in Terminal 3 (T3) at Phoenix Sky Harbor International
Airport (PHX).

Summary
Frontier currently operates approximately 28 flights per day at PHX and due to this
flight growth, they have determined a need for a dedicated BSO to better serve their
passengers. Frontier requested approximately 288 square feet for a BSO. All BSO
spaces built out by PHX during the T3 Modernization Project are currently under lease
and occupied by other T3 airlines. As a result, there is no vacant BSO available space
to lease to Frontier.

Frontier is willing to build out the BSO space as a terminal improvement. Staff is
seeking approval to reimburse Frontier through terminal rent credits for the
construction of an approximately 288 square foot BSO. The terminal rent credits would
apply to the construction of the base BSO build components consisting of electrical,
mechanical, plumbing & HVAC system connections, structural components and fire life
safety systems in an amount up to $217,190. Frontier will be responsible for the cost of
the interior BSO tenant improvements to meet their operational requirements. Upon
completion of the BSO build, Frontier will then lease the BSO at the prevailing airport
terminal rental rates.

Financial Impact
If approved, Aviation will apply a rental credit up to $217,190 to Frontier's terminal
lease upon completion of the BSO build out. Rent paid by Frontier for the added BSO
space will be approximately $48,764 per year based on FY2023-24 Airport Rates and
Charges for terminal rental rate.

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



Page 117

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




Page 118



Report

Vehicle/Car Wash and Pressure Wash Equipment Preventative Maintenance and
Repair Services Contract IFB 24-0179 - Request for Award (Ordinance S-50640)

Request to authorize the City Manager, or his designee, to enter into a contract with
EST Companies LLC to provide preventative maintenance and repair services for
vehicle/car wash and pressure wash equipment on an as-needed basis for the Aviation
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The total value of the contract will be up to $650,000.

Summary
The Aviation Department maintains a combination of vehicle/car wash systems and
pressure wash systems at Phoenix Sky Harbor International Airport. This contract will
provide preventative maintenance, inspections, and repair services for various
vehicle/car wash systems, vacuum systems, and pressure wash systems on an as-
needed basis and according to the manufacturers' recommendations.

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

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

Selected Bidder
EST Companies LLC

Contract Term
The contract will begin on or about April 1, 2024, for a two-year contract term with
three one-year options, to be exercised at the sole discretion of the Aviation Director,
for a total five-year contract.

Financial Impact
The contract value will be up to $650,000 for the total five-year contract term.


Page 119


Funding is available in the Aviation Department Operating budget.

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 120



Report

Secret Shopper Services and Americans with Disabilities Act Quality Monitoring
RFP 23-0141 - Request for Award (Ordinance S-50651)

Request to authorize the City Manager, or his designee, to enter into a contract with
H2 Consulting Partners LLC to provide secret shopper services and Americans with
Disabilities Act (ADA) quality monitoring at Phoenix Sky Harbor International Airport
(PHX). Further request to authorize the City Controller to disburse all funds related to
this item. The total value of the contract will be up to $300,000.

Summary
This contract will provide secret shopper services, as well as subject matter expertise
in ADA compliance and disability-related issues to ensure PHX contractors and
permittees operate in compliance with federal, state and local laws, City of Phoenix
rules and regulations, and contractual requirements for the Aviation Department.
Secret shoppers will assess and provide record of the passenger's transportation
experience, contract compliance with airport rules and regulations, and quality of
service, which will be used to improve the overall customer service at PHX.

Procurement Information
In accordance with Administrative Regulation 3.10, a Request for Proposal was issued.
Two proposals were deemed responsive and responsible. An evaluation committee
evaluated the proposals based on the following criteria with a maximum possible point
total of 1,000:

Method of Approach (0-350 points)
Qualifications & Experience of Offeror (0-300 points)
Samples (0-200 points)
Pricing (0-150 points)

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

H2 Consulting Partners LLC - 740 points




Page 121

Contract Term
The contract will begin on or about April 1, 2024 for a three-year term with two one-
year options to extend at the sole discretion of the Aviation Director, for a total five-year
contract.

Financial Impact
The contract value will be up to $300,000 for the total five-year contract term.

Funding is available in the Aviation Department's budget.

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

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




Page 122



Report

Air Service Incentive Program (Ordinance S-50660)

Request to authorize the City Manager, or his designee, to approve a new 2024-28 Air
Service Incentive Program for Phoenix Sky Harbor International Airport (Program). The
maximum amount being requested to support new international nonstop flights will be
up to $5 million per incentive contract and this amount will include airport fee waivers
and marketing fund reimbursements. The amount per destination is prorated based on
distance, frequency, and location. Further request authorization for the City Controller
to disburse all monies related to this item.

Summary
International flights result in a $3.4 billion economic impact to the Greater Phoenix
region each year. Obtaining new nonstop international air service is extremely
competitive. Aircraft are scarce and movable assets that may be placed between any
two destinations in the world. Airlines choose new service routes based on several
factors including passenger demand, competitive environment, and the revenue
opportunity in relation to the route operational expenses. Incentives for airport fee
waivers help reduce the significant operational costs an airline incurs when starting
new international service. Marketing funds also assist to promote the new service and
support its continued success.

It is an industry-wide and federally-approved practice for airports to support new air
service through the implementation of an incentive program that reduces an airline's
financial risk during the critical route start-up period. When faced with a choice
between where to place new service, airline incentive programs make the business
case stronger for an airport.

On Dec. 7, 2023, the Federal Aviation Administration (FAA) released new guidelines
for airport air service incentive programs. The program for Phoenix Sky Harbor
International Airport has been revised to comply with the new guidelines.

Contract Term
The Program will be effective on or about April 10, 2024 through April 10, 2028. The
terms of individual incentive contracts under the approved Program will range between
one and three years as provided by the FAA's guidance.


Page 123


Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended approval of this item on the Feb.
15, 2024, by a vote of 7-0.

The Transportation, Infrastructure and Planning Subcommittee recommended approval
of this item on Feb. 21, 2024, by a vote of 4-0.

Financial Impact
The maximum amount being requested for supporting each new international nonstop
route will not exceed $5 million per incentive contract. This amount includes airport fee
waivers and marketing reimbursement funds. The amount per destination is then
prorated based on distance, frequency, and location. Funds are available in the
Aviation Department budget to support the program.

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 124



Report

West Transit Facility Request for Proposals

Request to authorize the City Manager, or his designee, to issue a Request for
Proposals for fixed-route bus service operated from the City’s West Transit Facility.

Summary
The City’s West Transit Facility, located at 405 N. 79th Ave., is a 22-acre site owned by
the Phoenix Public Transit Department (PTD) that accounts for approximately 30
percent of Phoenix’s contracted transit services, with some routes also providing
service to adjacent cities.

The West Transit Facility has: buildings for administration, operations, safety/training,
and facility-maintenance staff; fueling stations; a bus wash; vehicle maintenance bays;
and vehicle fleet/employee parking. There are currently 169 transit vehicles assigned
to the facility that provide service on 12 routes throughout the metropolitan area for an
average of 546,000 service miles per month. These routes consist of 11 local routes
and one neighborhood circulator route, all of which provide an average of over one
million passenger boardings per month. Routes operated from the West Transit Facility
include some of the region’s most highly utilized routes, including Route 17 (McDowell
Road), Route 29 (Thomas Road), and Route 41 (Indian School Road), and service to
the region’s busiest transit center (Desert Sky Transit Center).

PTD currently has a seven-year contract with First Transit, Inc. for the services
operated at the facility, which started July 1, 2018, and ends June 30, 2025. First
Transit, Inc. (as recently acquired by Transdev Services, Inc. in 2023) currently
employs 488 local staff at this facility.

Procurement Information
PTD plans to issue the solicitation in Spring 2024.

Contract Term
The contract will be fixed-price (cost per revenue mile) for a five-year term beginning
July 1, 2025, with one, two-year option to extend at the City’s discretion. An additional
six-month extension beyond the two-year extension will be included to allow for any
future unexpected service transition impacts, to be utilized only if necessary.


Page 125


The contract dates and terms are staggered from Phoenix’s other transit facilities to
mitigate potential impacts of transitioning transit services from multiple contractors at
once. The total contract term will provide known costs as efforts continue moving
forward under the City’s Transportation 2050 plan, and allows proposers to spread
fixed and capital costs over a longer period, resulting in lower-cost proposals to the
City. The two-year extension option will be exercised only if it is in the City’s best
interest to do so, and the proposed contractor has performed satisfactorily during the
initial five-year contract period.

Federal Transit Administration (FTA) guidelines, terms, and conditions will also be
included in the RFP and resulting contract, as Phoenix receives federal funds to
partially fund the operations and maintenance components of these services.

The RFP will contain evaluation criteria and processes, as well as a transparency in
lobbying clause. The RFP criteria will focus on the following areas:

· Method of approach
· Qualifications and experience
· Price

Financial Impact
The contract will be funded with T2050 and federal funds.

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




Page 126



Report

Purchase of Petroleum Products IFB 23-FSD-031 - Request for Award (Ordinance
S-50618)

Request to authorize the City Manager, or his designee, to enter into contracts with
Cummins Inc, Flyers Energy LLC, Safety-Kleen Systems Inc., and Senergy Petroleum
LLC, to provide the labor materials, equipment, transportation, and other incidental
items necessary to furnish petroleum products to the various City facilities. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the contracts will not exceed $3,552,700.

Summary
These contracts will provide products including engine oils, lubricants, grease,
transmission fluids, synthetics, re-refined oils, and other petroleum products as
specified for the Public Works, Aviation and Water Services departments.

Procurement Information
An Invitation for Bid IFB 23-FSD-031 was processed in accordance with City of
Phoenix Administrative Regulation 3.10. Nineteen groups were identified for various
types of petroleum products. The Public Works Department, Procurement Section
received four bids with all groups having bids deemed responsive and responsible.
The requesting departments approved a multiple award recommendation for all groups
to allow adequate coverage to procure all products. The award recommendation with
the following vendors can be found in Attachment A.

Selected Bidders
Cummins Inc: $461,786.29
Safety-Kleen Systems, Inc: $1,052,186.75
Flyers Energy, LLC: $1,231,778.31
Senergy Petroleum LLC: $1,414,525.79

Contract Term
The contracts will begin on or about April 1, 2024, for a three-year term with two one-
year options to extend.




Page 127

Financial Impact
The aggregate contracts value will not exceed $3,552,700.

Funding is available in the Public Works, Aviation and Water Services departments'
budgets.

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Ginger Spencer,
and the Public Works, Aviation and Water Services departments.




Page 128
Full Legal Name Senergy Petroleum, LLC SAFETY‐KLEEN SYSTEMS, INC. Cummins Sales and Service Flyers Energy LLC
GROUP A ‐ FULLY SYNTHETIC GASOLINE ENGINE MOTOR OILS $74,835.56 $60,272.53 No bid $68,129.79
GROUP B‐BULK FULLY SYNTHETIC GASOLINE ENGINE MOTORS OILS $183,387.99 $119,597.85 No bid $126,123.39
GROUP C‐ DIESEL ENGINE MOTOR OILS $12,803.38 $1,695.13 $679.45 $10,181.63
GROUP D‐ BULK DIESEL ENGINE MOTOR OILS $121,396.30 $105,397.50 $123,450.20 $97,938.60
GROUP E‐ ENGINE OIL FOR NATURAL GAS & SYNTHECTIC FUEL POWERED ENGINES $3,682.80 $2,860.00 $3,185.96 $3,296.92
GROUP F‐ BULK ENGINE OIL FOR NATURAL GAS & SYNTHETIC FULE POWDERED ENGINES $81,490.32 $58,659.40 $67,567.84 $66,545.56
GROUP G‐ AUTOMOTIVE AUTOMATIC TRANSMISSION FLUID $65,326.76 $34,136.38 $62,241.72 $79,843.17
GROUP H‐ BULK AUTOMOTIVE AUTOMATIC TRANSMISSION FLUID $175,693.61 $115,183.22 $152,928.00 $204,172.25
GROUP I ‐ AUTOMOTIVE MANUAL TRANSMISSION & AXLE/GEAR LUBRICANTS $11,549.52 $8,015.68 No bid $10,921.83
GROUP J‐ RE‐REFINED HYDRAULIC FLUIDS $2,909.50 $3,466.31 No bid No bid
GROUP K BULK RE‐REFINED HYDRAULIC FLUIDS $229,350.80 $180,528.60 No bid $169,174.60
GROUP L ‐ GREASE $93,369.80 $109,027.69 $51,733.12 $84,147.20
GROUP M DIESEL EXHAUST FLUID (DEF) $77,865.50 $68,124.10 No bid $59,615.69
GROUP N ‐ HEAVY DUTY INDUSTRIAL GEAR OIL $63,832.45 No Bid No bid $57,192.48
Group O ‐ Central Lube Grease $676.20 $118.84 No bid $1,161.13
GROUP P‐ HYDRAULIC FLUIDS (Virgin) $13,118.70 $4,574.92 No bid $20,526.19
GROUP Q BULK HYDRAULIC FLUIDS (Virgin) $203,236.60 $180,528.60 No bid $172,807.88
GROUP R Deposit Fees (Refundable Upon Return) No bid No Bid No bid No bid
GROUP S ‐ Compressor Lubricants No bid No Bid No bid No bid
Total $1,414,525.79 $1,052,186.75 $461,786.29 $1,231,778.31
Page 129

ATTACHMENT A



Report

Removal and/or Recovery of Refrigerant From Appliances Contract RFA 24-SW-
037 - Request for Award (Ordinance S-50629)

Request to authorize the City Manager, or his designee, to enter into a contract with A-
Gas Inc. dba Rapid Recovery to provide on-site removal or recovery of
chlorofluorocarbon (CFC), hydrochlorofluorocarbon (HCFC), and hydrofluorocarbon
(HFC) gas from appliances for the Public Works Department. Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the contract will not exceed $312,500.

Summary
This contract will provide on-site removal and recovery of CFC, HCFC, and HFC from
appliances, in accordance with the Environmental Protection Agency (EPA) regulations
for the Aviation and Public Works departments. These refrigerant-based appliances
are dropped off by residents at city transfer stations and designated city locations. This
contract is essential to maintain regulatory compliance to ensure that CFCs are
removed and recovered from appliances prior to disposal of the appliances. The
contractor will determine if these appliances contain a refrigerant and charge the City
for removal.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances Without Competition. Rapid Recovery has provided this service
for over 10 years and the only offer when this contract was solicited in the past.

Contract Term
The contract will begin on or about April 1, 2024 for a two-year term with three one-
year options to extend.

Financial Impact
The contract value will not exceed $312,500 for the five-year contract term.

Funding is available in the Aviation and Public Works departments’ budgets.



Page 130

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




Page 131



Report

CNG Fueling Station Maintenance and Repair IFB 24-FSD-033 - Contract
Recommendation (Ordinance S-50632)

Request to authorize the City Manager, or his designee, to enter into a contract with
Zeitenergy, LLC and Clean Energy Fuels Corp for compressed natural gas (CNG)
fueling station inspections, maintenance, and repairs. Further request to authorize the
City Controller to disburse all funds related to this item. These contracts will have a not
to exceed value of $1,260,000.

Summary
The Public Works Department is responsible for eight CNG compressors, four fast-fill
dispensers and 286 time-fill (slow) dispensing stations. Due to the highly pressurized
CNG systems, a third-party vendor is needed to inspect, maintain and repair this
equipment. These contracts will provide weekly, monthly and annual inspections to
note the general condition of the stations and conduct any maintenance and repairs
necessary to keep them up and running.

Procurement Information
Invitation for Bid 24-FSD-033 was conducted in accordance with Administrative
Regulation 3.10. The Public Works Department received two offers on Dec. 13, 2023.
Two bids were received with both vendors bidding on all three groups: Group I -
Inspection and Maintenance; Group II -Repair Services; Group III - Sample Parts. All
Groups and line items had successful bids with both vendors being awarded.The
grand total of all groups was used for evaluation purposes.

Zeitenergy, LLC: $279,891.00
Clean Energy Fuels Corp: $530,874.96

Contract Term
These contracts will begin on or about March 6, 2024 with a three-year initial term and
two one-year options to extend, for a total contract term of five years.

Financial Impact
These contracts will have an estimated annual expenditure of $252,000 with a total
value not to exceed $1,260,000.


Page 132


Funding is available in the Public Works department budget.

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




Page 133



Report

Preformed Thermoplastic Pavement Marking Materials - IFB 18-249 - Letters of
Agreement to Extend Contract for Preformed Thermoplastic Pavement Marking
Materials with Centerline Supply West Inc. and Ennis Flint Inc. (Ordinance S-
50625)

Request to authorize the City Manager, or his designee, to enter into Letters of
Agreement with Centerline Supply West Inc. and Ennis Flint Inc. to continue to provide
Preformed Thermoplastic Pavement Marking Materials to the Street Transportation
Department. Request to continue using funds previously approved via Ordinances S-
44815, S-46432, S-47429, and S-49945. No additional funds are needed. Further
request to authorize the City Controller to disburse all funds related to this item.

Summary
The purpose of the Letters of Agreement is to continue to provide the Street
Transportation Department Signing and Striping Shop a variety of preformed
thermoplastic pavement marking materials, such as turn arrows and bicyclist symbols,
in addition to straight line segments to enhance traffic pavement markings throughout
the City on street infrastructure. In addition to standard white and yellow material,
these contracts will also include colored marking materials for specialized applications.

The Letters of Agreement are required to provide the Street Transportation Department
these services until June 30, 2024. Further, options to extend the Letters of Agreement
through June 30, 2025, are included in the event a new solicitation cannot be
completed on time.

Contract Term
The terms of the Letters of Agreement will begin on or about Feb. 21, 2024, and expire
on June 30, 2024, with options to extend through June 30, 2025.

Financial Impact
No additional funds are needed.

Concurrence/Previous Council Action
The City Council previously approved:
· Preformed Thermoplastic Pavement Marking Materials Contract 147996 (Ordinance


Page 134

S-44815) on June 20, 2018;
· Additional expenditures for Preformed Thermoplastic Pavement Marking Materials
Contract 147996 (Ordinance S-46432) on March 18, 2020;
· Additional expenditures for Preformed Thermoplastic Pavement Marking Materials
Contract 147996 (Ordinance S-47429) on April 7, 2021; and
· Preformed Thermoplastic Pavement Marking Materials Contract 147996
Amendment (Ordinance S-49945) on June 28, 2023.

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




Page 135



Report

Traffic Signal Poles and Components - C20-083 - Amendment (Ordinance S-
50630)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contracts 152971 with Econolite Control Products Inc., 152991
with Advanced Traffic Products Inc.,152955 with AM Signal Inc.,152993 with Iteris
Inc.,152961 with Sierra Transportation and Technologies LLC.,152962 with Solar
Traffic Controls LLC., and 152959 with Wesco, dba Brown Wholesale, for the purchase
of traffic signal poles and components for the Street Transportation Department.
Further request to authorize the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $2,000,000.

Summary
This contract will provide traffic signal poles, hardware, video detection, and traffic
signal controller components essential for maintaining over 1,100 signalized junctions.

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

Financial Impact
Upon approval of $2,000,000 in additional funds, the revised aggregate value of the
contract will not exceed $7,000,000. Funds are available in the Street Transportation
Department's budget.

Concurrence/Previous Council Action
The City Council previously approved:
· Traffic Signal Poles and Components Contracts 152971, 152991, 152955, 152993,
152961, 152962, and 152959 (Ordinance S-46788) on June, 24, 2020.

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




Page 136



Report

Large Valve Repair and Replacement Job Order Contracting Services -
4108JOC218 (Ordinance S-50633)

Request to authorize the City Manager, or his designee, to enter into separate master
agreements with two contractors listed below to provide Large Valve Repair and
Replacement Job Order Contracting services for the Water Services 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 all
services will not exceed $24 million.

Additionally, request to authorize the City Manager, or his designee, to take all action
as 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 Job Order Contracting (JOC) contractors’ services will be used on an as-needed
basis to provide Large Valve Repair and Replacement JOC services to assess the
repair work needed, prepare the site for repair, perform a variety of repairs to the
operator mechanisms, install manholes over valve operators, and backfill and compact
final street pavement restoration. Additionally, the JOC contractors will be responsible
for fulfilling Small Business Enterprise program requirements.

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


Page 137

proposals and are listed below.

Selected Firms
Rank 1: WACO LLC dba WACO Contracting
Rank 2: FPS Civil, LLC

Contract Term
The term of each master agreement is up to five years, or up to $12 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 $12
million, including all subcontractor and reimbursable costs. The total fee for all services
will not exceed $24 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 Water Services Department’s Capital Improvement
Program. 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 Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.




Page 138



Report

Northwest Wastewater Master Plan Package 4B - 51st Avenue Gravity Sewer -
Design-Bid-Build Services - WS90500307 (Ordinance S-50639)

Request to authorize the City Manager, or his designee, to accept Action Direct LLC
dba Redpoint Contracting as the lowest-priced, responsive and responsible bidder and
to enter into an agreement with Action Direct LLC dba Redpoint Contracting for Design
-Bid-Build Services for the Northwest Wastewater Master Plan Package 4B - 51st
Avenue Gravity Sewer project. Further request to authorize the City Controller to
disburse all funds related to this item. The fee for services will not exceed
$29,021,161, including any change orders.

Summary
The purpose of this project is to install approximately 17,500 feet of 36-inch gravity
sewer pipeline and manholes along 51st Avenue, from the Central Arizona Project
(CAP) Canal south to Pinnacle Peak Road and then east to 47th Avenue terminating in
a new junction structure constructed on an existing 36-inch sewer. The project also
includes a bid alternate to jack and bore 405 feet of 60-inch steel casing and install
458 feet of 36-inch sewer under the CAP Canal at 51st Avenue.

Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. Three bids were received on Dec. 5,
2023, and were sent to the Equal Opportunity Department for review to determine
subcontractor eligibility and contractor responsiveness in demonstrating
responsiveness to Small Business Enterprise program requirements.

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

· Opinion of Probable Cost: $28,896,907.07
· Action Direct LLC dba Redpoint Contracting: $26,382,873
· McCarthy Building Companies: $36,981,790




Page 139

Bidders who were deemed non-responsive are listed below, in alphabetical order:
· B&F Contracting, Inc.

Due to volatile material costs and increased labor prices in the construction industry, a
10 percent contingency is being requested to allow for project uncertainties. The initial
contract will be executed at the bid amount of $26,382,873. Use of the 10 percent
contingency above the amount will not be allowed without the prior written approval of
the Water Services Department Director and the City Engineer. The bid award amount
is within the total budget for this project.

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

Financial Impact
The initial agreement value for Action Direct LLC dba Redpoint Contracting will not
exceed $26,382,873, including all subcontractor and reimbursable costs. The total
agreement value, including any change orders, for Action Direct LLC dba Redpoint
Contracting will not exceed $29,021,161, including all subcontractor and reimbursable
costs.

Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Location
51st Avenue from the Central Arizona Project Canal south to Pinnacle Peak Road then
east to 47th Avenue.
Council District: 1

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




Page 140



Report

Salt River Project Land Use License for 25th Avenue Siphon at Arizona Canal
Diversion Channel - WS90500273-10 (Ordinance S-50648)

Request to authorize the City Manager, or his designee, to enter into a Land Use
License with Salt River Project for work associated with City of Phoenix project
WS90500273-10, 25th Avenue Siphon at Arizona Canal Diversion Channel. 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 would be prohibited by Phoenix
City Code 42-18.

Summary
The City is performing maintenance on existing facilities that encroach on the Arizona
Canal Diversion Channel and it was discovered that a Salt River Project Land License
for the City’s facilities crossing under the canal did not exist. The purpose of the Land
Use License is to allow the City’s existing facilities to remain in place. The work
associated with this license is in conjunction with City Project WS90500273-10.

Contract Term
The term of the Land Use License shall be for 15 years beginning April 1, 2024, ending
March 31, 2039.

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

Location
25th Avenue and Arizona Canal Diversion Channel
Council District: 3

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan Stephenson
and the Water Services and Street Transportation departments.




Page 141



Report

Salt River Project Land Use License for Private Commercial Development -
Camelback Ranch (Ordinance S-50649)

Request to authorize the City Manager, or his designee, to enter into a land use
license with Salt River Project for a private commercial development project,
Camelback Ranch, located on 107th Avenue, north of Camelback Road. 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 would be prohibited by Phoenix
City Code 42-18.

Summary
The land use license is necessary to facilitate the development of property located on
107th Avenue north of Camelback Road. This license will allow for construction of
onsite and right-of-way improvements, including sidewalk, curb, gutter, and
landscaping and will be consistent with, and shall not interfere with, U.S. Bureau of
Reclamation fee property.

Contract Term
The term of the license shall be for 25 years beginning April 1, 2024, and ending
March 31, 2049. The license may be renewed upon written agreement by the parties.

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

Location
107th Avenue north of Camelback Road
Council District: 5

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




Page 142



Report

Intergovernmental Agreement with the City of Glendale for the Installation,
Operation, and Maintenance of Street Lighting on 43rd Avenue between Bethany
Home Road and Glendale Avenue (Ordinance S-50654)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with the City of Glendale for the City of Phoenix to
design and install streetlights along the west side of 43rd Avenue between Bethany
Home Road and Glendale Avenue and then turn the streetlights over to Glendale for
operation and maintenance.

Summary
The City of Phoenix Street Transportation Department (Streets) requests to coordinate
with the City of Glendale for the installation of streetlights in 14 locations that do not
meet current City of Phoenix streetlight standards. Construction of the project is fully
funded by Federal Highway Safety Improvement Program (HSIP) funds. The segment
of the project on 43rd Avenue between Bethany Home Road and Glendale Avenue is
included in the project. While the roadway right-of-way in this area is within the City of
Phoenix, the actual location of the new streetlights behind the sidewalk on the west
side of 43rd Avenue is within the City of Glendale limits. The City of Phoenix area of
maintenance responsibility is limited to the back of the curb on the west side of 43rd
Avenue.

The IGA will authorize the City of Phoenix to design and install the new streetlights
within the City of Glendale limits. The City of Glendale will operate and maintain the
lights once construction is completed and the project is accepted.

Contract Term
This agreement will become effective on the date it is executed and approved by all of
the parties and shall remain in effect for 30 years.

Financial Impact
There is no financial impact for this agreement.

Location
43rd Avenue, Bethany Home Road to Glendale Avenue


Page 143

Council District: 5

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




Page 144



Report

Large Water User Ordinance (Ordinance G-7237)

Request City Council to adopt the Sustainable Desert City Development Policy-Large
Water User Ordinance that places additional water conservation requirements on new
large water use developments in the City. Large water user developments are those
that are projected to use more than 250,000 gallons of water per day.

Summary
The history of City of Phoenix is built on water management and conservation. From
the canals of ancient Hohokam societies through the Salt River Project, to the
construction of the Central Arizona Project, human's ability to thrive in the desert has
always depended first and foremost on our ability to use the limited water resources
available with care. For this reason, the City and Central Arizona more broadly, have
elected to develop on a backbone of renewable surface water resources rather than a
finite resource of groundwater, unlike many other communities in the American West.

It is not sustainable to revert to groundwater supplies; therefore, the City has taken
great care to protect surface water in the region. In 2014, the Council authorized the
Colorado River Resiliency fund, improving local watershed resiliency and providing for
underground water storage. Water supply is only one side of the equation. Due to the
foresight of current and previous civic leaders, the City has made significant progress
in demand management and conservation. In 1980, the State of Arizona passed the
Groundwater Management Act, becoming the first state to regulate groundwater and
mandate water conservation measures at that scale. Because of these measures and
other efforts, per-person water use has fallen by more than 30 percent over the last 30
years. However, hydrologic conditions in the Colorado River, which currently comprise
approximately 40 percent of the water delivered to residents, is currently experiencing
significant reduction in flow. Therefore, the City can no longer depend on receiving its
full allocation from the Colorado River.

For this reason, in June 2023 City Council Adopted the "Sustainable Desert City
Development Policy-Water" (Resolution 22129). This resolution had four components:
· Section 1: Conservation Measures for New Development.
· Section 2: Conservation and Restrictions on New Large Water Users.



Page 145

· Section 3: Annexations outside the current Water Department Service Area.
· Section 4: Applicability and implementation.

Section 2 outlined a proposed "Large Water User Ordinance," which would place
additional requirements on new large water users projected to use more than 250,000
gallons per day. Staff has continued to meet with multi-departmental, inter-disciplinary
teams to evaluate the Ordinance and met with stakeholders to refine the proposed
ordinance. The basic tenets of the Ordinance are the same as the approved concept in
the Resolution, but staff has added other provisions to implement and enforce the
Ordinance (Attachment A). Specifically, the Ordinance requires:

For new large water users projected to use more than 250,000 gallons per day, users
must submit a Water Conservation Plan that is approved by the Water Department.

For new large water users projected to use more than 500,000 gallons per day, in
addition to requirements listed above, users must also:
· Meet at least 30 percent of their consumptive water demand with recycled or
conserved water;
· Fit within the City's existing Water Resource Portfolio; and
· Economic benefit analysis can be considered when evaluating the 30 percent
requirement.

Financial Impact
This item has no expected financial impact.

Concurrence/Previous Council Action
· The Transportation, Infrastructure and Planning Subcommittee received an update
on Supply Shortages in the Colorado River on June 15, 2022;
· The Transportation, Infrastructure and Planning Subcommittee received an update
on Proposed Water Conservation Measures for New Development on Jan. 18,
2023;
· City Council adopted Resolution 22129, the Sustainable Desert City Development
Policy, which outlined this ordinance on June 13, 2023; and
· The Transportation, Infrastructure and Planning Subcommittee unanimously
approved the Sustainable Desert City Development - Water Ordinance on Feb. 21,
2024.

Public Outreach
On Dec. 5, 2023, staff held a meeting to discuss and receive feedback on the


Page 146

proposed Ordinance and invited 20 stakeholders in the field of business development
and water conservation. Staff also asked for any comments or concerns to be shared
with staff by the middle of January 2024. We received one comment but no objections.
In general, the stakeholders understood that this Ordinance will impact a small group
of large water users and that the City needs to be good stewards of water for existing
and future residents and businesses.

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




Page 147
ATTACHMENT A

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



ORDINANCE NO. G-

AN ORDINANCE AMENDING PHOENIX CITY CODE
CHAPTER 37, ARTICLE III, PERTAINING TO SERVICE
CONNECTIONS, TO ADD A DIVISION 2, PERTAINING TO
LARGE WATER USERS.
______________

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

follows:

SECTION 1. Phoenix City Code, Chapter 37, Article III, “Service Connections”

is hereby amended to read:


DIVISION 1. GENERALLY

Sec. 37-39. Connection to water mains required.

A. To protect and support public health and welfare, where property abuts a
street in which a water main is laid, the property must be connected with the
City public water system. These service connections must extend at right
angles from the main to the curblines and must be installed pursuant to City
design standards.

*** *** ***



SECTION 2. Phoenix City Code, Chapter 37, Article III, “Service Connections”

is hereby amended to add a Division 2, “Large Water Users,” to read:

DIVISION 2. LARGE WATER USERS

SEC. 37-52.01. PURPOSE AND INTENT.




Page 148
A. THE PHOENIX CITY COUNCIL HAS DETERMINED THAT IT IS IN THE
BEST INTERESTS OF THE CITY TO ESTABLISH CERTAIN TERMS,
CONDITIONS, LIMITATIONS AND OTHER REQUIREMENTS REGARDING
THE CITY PUBLIC WATER SYSTEM TO ENSURE WATER SECURITY FOR
ALL CUSTOMERS.


B. THE PHOENIX CITY COUNCIL ALSO DESIRES TO PROMOTE WATER
CONSERVATION AND IMPLEMENT CERTAIN MEASURES THAT WILL
PROVIDE FOR A SUSTAINABLE WATER SUPPLY FOR EXISTING AND
FUTURE CUSTOMERS OF THE CITY PUBLIC WATER SYSTEM.

SEC. 37-52.02. APPLICABILITY.

A. THIS DIVISION APPLIES TO A PERSON WHO APPLIES TO BECOME A
LARGE WATER USER AFTER THE EFFECTIVE DATE OF THIS DIVISION.


B. THIS DIVISION ALSO APPLIES TO AN EXISTING CUSTOMER WHO
REQUESTS WATER-METER UPSIZING AT THE CUSTOMER’S FACILITY
THAT WILL ALLOW FOR WATER USE THAT EQUALS OR EXCEEDS
250,000 GALLONS PER DAY AFTER THE EFFECTIVE DATE OF THIS
DIVISION AND AN EXISTING CUSTOMER WHOSE WATER USE EQUALS
OR EXCEEDS 250,000 GALLONS PER DAY ON THE EFFECTIVE DATE
OF THIS DIVISION AND, WHO, AFTER THE EFFECTIVE DATE,
REQUESTS WATER-METER UPSIZING AT THE CUSTOMER’S FACILITY.


C. THIS DIVISION DOES NOT APPLY TO AN EXISTING CUSTOMER
WHOSE WATER USE AT THE CUSTOMER’S FACILITY EQUALS OR
EXCEEDS 250,000 GALLONS PER DAY ON THE EFFECTIVE DATE OF
THIS DIVISION WHO DOES NOT REQUEST WATER-METER UPSIZING.


SEC. 37-52.03. DEFINITIONS.


IN ADDITION TO THE DEFINITIONS SET OUT IN SEC. 37-1, IN THIS
DIVISION:




Page 149
“APPLICANT” MEANS A PERSON TO WHOM THIS DIVISION APPLIES, AS
IS SET OUT IN SECTION 37-52.02.


“DEVELOPMENT ENTITLEMENT” MEANS APPROVALS BY THE CITY
UNDER APPLICABLE PHOENIX CITY CODE PROVISIONS, INCLUDING
BUT NOT LIMITED TO CHAPTER 32, FOR DEVELOPMENT,
CONSTRUCTION AND/OR INSTALLATION OF IMPROVEMENTS ON
SPECIFIED PROPERTY.


“FACILITY” MEANS A SITE USED FOR A PARTICULAR PURPOSE. A
FACILITY INCLUDES MULTIPLE SITES THAT ARE CONTIGUOUS OR
PROXIMATELY LOCATED UNDER A COMMON OWNERSHIP OR
CONTROL WHICH ARE USED FOR A PARTICULAR PURPOSE OR
CLOSELY-RELATED PURPOSES.


“GALLONS PER DAY” MEANS DAILY WATER DEMAND CALCULATED
ON AN ANNUAL AVERAGE BASIS.


“LARGE WATER USER” MEANS A CUSTOMER OR POTENTIAL
CUSTOMER OF THE CITY PUBLIC WATER SYSTEM WHOSE WATER
DEMAND AT THE CUSTOMER’S FACILITY IS PROJECTED TO EQUAL OR
EXCEED 250,000 GALLONS PER DAY.


“SUSTAINABLE WATER SERVICE APPLICATION” MEANS THE FORM TO
BE COMPLETED BY AN APPLICANT THAT WILL BE A LARGE WATER
USER. A SUSTAINABLE WATER SERVICE APPLICATION MUST INCLUDE
A WATER CONSERVATION PLAN.


“USE OF RECYCLED WATER” MEANS CAUSING WATER TO BE REUSED
OR SAVED AT AN APPLICANT’S FACILITY OR OTHERWISE CAUSING
REUSE OR SAVINGS OF WATER AT A DIFFERENT LOCATION WITHIN
THE CITY’S WATER SERVICE AREA THAT WOULD NOT HAVE
OCCURRED WITHOUT THE APPLICANT’S EFFORTS.




Page 150
“WATER CONSERVATION PLAN” MEANS A PLAN THAT SPECIFIES THE
INDUSTRY STANDARDS, BEST PRACTICES, MEANS, AND DILIGENCE
THAT AN APPLICANT WILL UNDERTAKE TO USE WATER AS
EFFICIENTLY AS IS PRACTICABLE AND TO ENSURE THAT WATER IS
NOT WASTED.


“WATER MASTER PLAN” MEANS THE PLAN, AS MAY BE PERIODICALLY
UPDATED, THAT REVIEWS THE CITY’S WATER RESOURCES AND ITS
CURRENT AND PROJECTED DEMANDS BASED ON ANTICIPATED AND
ENCOURAGED DEVELOPMENT WITHIN THE CITY.


“WATER-METER UPSIZING” MEANS REPLACING EXISTING WATER
METERS WITH WATER METERS OF A GREATER CAPACITY OR
INSTALLING ADDITIONAL WATER METERS AT AN EXISTING FACILITY
SO AS TO ALLOW GREATER USE OF WATER AT THE FACILITY.

SEC. 37-52.04. LARGE WATER USERS.

A. A LARGE WATER USER MAY NOT CONNECT TO THE CITY PUBLIC
WATER SYSTEM OR USE CITY WATER EXCEPT AS PROVIDED BY THIS
DIVISION.


B. APPLICATION TO BECOME A LARGE WATER USER.


1. AN APPLICANT MUST SUBMIT TO THE DIRECTOR A
SUSTAINABLE WATER SERVICE APPLICATION, WHICH MUST
INCLUDE A WATER CONSERVATION PLAN, IF ANY OF THE
FOLLOWING APPLY:


a. AN APPLICANT WILL BE A NEW CUSTOMER, AND THE
APPLICANT’S PROJECTION OF THE APPLICANT’S
WATER USE, AS REVIEWED BY THE DIRECTOR,
EQUALS OR EXCEEDS 250,000 GALLONS PER DAY.


b. AN APPLICANT IS AN EXISTING CUSTOMER AND
REQUESTS WATER-METER UPSIZING THAT WILL




Page 151
ALLOW FOR WATER USE THAT EQUALS OR EXCEEDS
250,000 GALLONS PER DAY.


c. AN APPLICANT IS AN EXISTING CUSTOMER WHOSE
WATER USE EQUALS OR EXCEEDS 250,000 GALLONS
PER DAY AND REQUESTS WATER-METER UPSIZING.


2. FOR UNDEVELOPED PROPERTY, A SUSTAINABLE WATER
SERVICE APPLICATION MUST BE SUBMITTED AT THE TIME
THE APPLICANT SUBMITS FOR ANY DEVELOPMENT
ENTITLEMENTS. AN APPLICANT WHO WILL BECOME OR IS A
LARGE WATER USER ON PREVIOUSLY DEVELOPED
PROPERTY MUST SUBMIT A SUSTAINABLE WATER SERVICE
APPLICATION AT THE TIME THE APPLICANT REQUESTS
WATER-METER UPSIZING.


3. THE SUSTAINABLE WATER SERVICE APPLICATION MUST
IDENTIFY THE PHASING OF CONSTRUCTION OR
DEVELOPMENT, THE APPROXIMATE NUMBER AND SIZE OF
THE STRUCTURES TO BE SERVED, A REASONABLE
DESCRIPTION OF THE NATURE AND TYPE OF WATER USE
PROPOSED ON THE PROPERTY, AND A REASONABLE
ESTIMATE OF THE PROJECTED ANNUAL AND MONTHLY
WATER DEMAND.


4. THE WATER CONSERVATION PLAN MUST INCLUDE
TECHNIQUES AND TECHNOLOGIES THAT WILL REDUCE THE
CONSUMPTION OF WATER, REDUCE THE LOSS OR WASTE
OF WATER, IMPROVE THE EFFICIENCY IN THE USE OF
WATER, OR ESTABLISH USE OF RECYCLED WATER BY THE
LARGE WATER USER.


C. CITY REVIEW OF SUSTAINABLE WATER SERVICE APPLICATIONS
AND WATER CONSERVATION PLANS.




Page 152
1. THE DIRECTOR WILL REVIEW PROPERLY COMPLETED
SUSTAINABLE WATER SERVICE APPLICATIONS AND WATER
CONSERVATION PLANS. THE DIRECTOR MAY REQUIRE
ADDITIONAL INFORMATION TO BE SUBMITTED AS THE
DIRECTOR DEEMS NECESSARY, AND THE APPLICANT MUST
SUBMIT ANY ADDITIONAL INFORMATION REQUESTED
WITHIN 60 DAYS OF RECEIVING THE REQUEST.


2. THE DIRECTOR WILL ALLOW THE APPLICANT TO CONNECT
TO THE CITY PUBLIC WATER SYSTEM AND USE CITY WATER
AS A CUSTOMER OF THE CITY PUBLIC WATER SYSTEM, IF
ALL OF THE FOLLOWING APPLY:


a. THE DIRECTOR DETERMINES, IN THE DIRECTOR’S
SOLE AND ABSOLUTE DISCRETION, THAT THE
SUSTAINABLE WATER SERVICE APPLICATION AND
WATER CONSERVATION PLAN DEMONSTRATE THAT
THE LARGE WATER USER WILL UNDERTAKE TO USE
WATER AS EFFICIENTLY AS IS PRACTICABLE AND TO
ENSURE THAT WATER IS NOT WASTED. IN
DETERMINING WHETHER WATER WILL BE USED AS
EFFICIENTLY AS IS PRACTICABLE, THE DIRECTOR
WILL CONSIDER IF THE APPLICANT’S FACILITY IS
EXISTING AND THE PRACTICABILITY OF
RETROFITTING THE EXISTING FACILITY WITH WATER
CONSERVING TECHNOLOGIES AND PRACTICES.


b. THE DIRECTOR, IN THE DIRECTOR’S SOLE AND
ABSOLUTE DISCRETION, DETERMINES THAT THE
PROPOSED WATER USE IS CONSISTENT WITH THE
WATER MASTER PLAN.


c. THE APPLICANT’S PROJECTED USE OF WATER IS
LESS THAN 500,000 GALLONS PER DAY.




Page 153
3. IF AN APPLICANT IS PROJECTED TO USE 500,000 GALLONS
PER DAY OF WATER OR MORE, THE DIRECTOR MAY GRANT
THE APPLICANT’S REQUEST TO CONNECT TO THE CITY
PUBLIC WATER SYSTEM, UNLESS THE DIRECTOR, IN THE
DIRECTOR’S SOLE AND ABSOLUTE DISCRETION, FINDS THAT
ANY OF THE FOLLOWING APPLY:


a. THE APPLICANT’S SUSTAINABLE WATER SERVICE
APPLICATION AND WATER CONSERVATION PLAN FAIL
TO DEMONSTRATE THAT THE LARGE WATER USER
WILL UNDERTAKE TO USE WATER AS EFFICIENTLY AS
IS PRACTICABLE AND TO ENSURE THAT WATER IS
NOT WASTED. IN DETERMINING WHETHER WATER
WILL BE USED AS EFFICIENTLY AS IS PRACTICABLE,
THE DIRECTOR WILL CONSIDER IF THE APPLICANT’S
FACILITY IS EXISTING AND THE PRACTICABILITY OF
RETROFITTING THE EXISTING FACILITY WITH WATER
CONSERVING TECHNOLOGIES AND PRACTICES.


b. THE APPLICANT’S WATER USE WOULD BE
INCOMPATIBLE WITH THE CITY’S AVAILABLE WATER
RESOURCES.


c. THE APPLICANT’S WATER USE WOULD BE
INCONSISTENT WITH THE WATER MASTER PLAN.


d. THE APPLICANT’S WATER USE WOULD BE OF AN
INSUFFICIENT ECONOMIC BENEFIT TO WARRANT THE
LARGE USE OF WATER.


e. THE APPLICANT HAS NOT AGREED TO USE OF
RECYCLED WATER TO OFFSET AT LEAST 30% OF ITS
WATER USE OR SUCH OTHER PERCENTAGE AS THE
DIRECTOR DETERMINES IS THE MAXIMUM USE OF




Page 154
RECYCLED WATER THAT IS WARRANTED FOR THE
APPLICANT’S FACILITY.


4. IN MAKING THE DETERMINATION WHETHER TO ALLOW AN
APPLICANT THAT IS PROJECTED TO USE 500,000 GALLONS
PER DAY OF WATER OR MORE TO CONNECT AND BE
SERVED BY THE CITY PUBLIC WATER SYSTEM, THE
DIRECTOR SHALL CONSIDER ALL OF THE FOLLOWING:


a. THE AVAILABILITY OF WATER TO WHICH THE CITY HAS
LEGAL RIGHTS AND THE PHYSICAL ABILITY TO USE
THAT IS NOT NEEDED TO SERVE EXISTING
CUSTOMERS AND ANTICIPATED DEMAND AS SET OUT
IN THE WATER MASTER PLAN.


b. WHETHER THE PROPOSED WATER USE IS
CONSISTENT WITH THE WATER MASTER PLAN.


c. ECONOMIC IMPACT STUDIES SUBMITTED BY THE
APPLICANT THAT PROVIDE EVIDENCE OF THE
PROJECTED IMPACT RESULTING FROM THE
PROPOSED WATER USE TO THE CITY’S ECONOMY
AND THE ECONOMIC VALUE OF THE WATER TO BE
USED EXPRESSED IN DOLLARS/GALLON OF WATER.


d. WHETHER THE PROPOSED WATER USE WILL
SUPPORT A KEY INDUSTRY CONSISTENT WITH THE
CITY’S ECONOMIC DEVELOPMENT AND EDUCATION
STRATEGIC PLAN.


e. THE IMPACT OF THE WATER USE TO THE CITY’S
DESIGNATION OF ASSURED WATER SUPPLY UNDER
A.R.S. SEC. 45-576.




Page 155
f. ANY EXTRAORDINARY CONSERVATION TECHNIQUES
AND TECHNOLOGIES PROPOSED BY THE APPLICANT
IN THE WATER CONSERVATION PLAN.


g. WHETHER THE APPLICANT WILL CONVEY OR ASSIGN
TO THE CITY ALL LEGAL RIGHTS TO A PHYSICAL
WATER SUPPLY THAT WILL FULLY OFFSET THE
APPLICANT’S PROJECTED WATER USE, WHICH WATER
SUPPLY, WHEN ASSIGNED TO THE CITY, WILL MEET
ALL REQUIREMENTS OF A.R.S. SEC. 45-576 AND THE
REGULATIONS ADOPTED BY DWR [ARIZONA
DEPARTMENT OF WATER RESOURCES] TO
IMPLEMENT THAT SECTION.


h. ANY OTHER INFORMATION THE DIRECTOR DEEMS
RELEVANT.


5. A LARGE WATER USER WHO BECOMES A CUSTOMER OF
THE CITY IS SUBJECT TO ALL TERMS AND CONDITIONS OF
SERVICE AS SPECIFIED BY THIS CHAPTER 37.


D. AS A TERM AND CONDITION OF CONTINUED WATER SERVICE FOR
A LARGE WATER USER, BOTH OF THE FOLLOWING MUST OCCUR:


1. A LARGE WATER USER MUST SUBMIT AN UPDATED WATER
CONSERVATION PLAN TO THE DIRECTOR EVERY FIVE
YEARS.


2. THE DIRECTOR DETERMINES, IN THE DIRECTOR’S SOLE AND
ABSOLUTE DISCRETION, THAT THE UPDATED WATER
CONSERVATION PLAN DEMONSTRATES THAT THE LARGE
WATER USER WILL USE WATER AS EFFICIENTLY AS IS
PRACTICABLE AND ENSURE THAT WATER IS NOT WASTED.


E. TERMS AND CONDITIONS OF SERVICE FOR LARGE WATER USERS.




Page 156
1. IN ADDITION TO THE OTHER TERMS AND CONDITIONS OF
WATER SERVICE AS SPECIFIED BY THIS CHAPTER 37, THE
FOLLOWING ARE TERMS AND CONDITIONS OF SERVICE OF
A LARGE WATER USER:


a. THE LARGE WATER USER MAY NOT IN ANY YEAR USE
WATER IN EXCESS OF 120% OF THE AMOUNT SET OUT
IN THE APPLICANT’S SUSTAINABLE WATER SERVICE
APPLICATION, AS THAT APPLICATION HAS BEEN
APPROVED BY THE DIRECTOR.


b. THE LARGE WATER USER MUST IMPLEMENT,
OPERATE, AND MAINTAIN ALL USE OF RECYCLED
WATER, TECHNIQUES, AND TECHNOLOGIES
CONSISTENT WITH THE LARGE WATER USER’S MOST
RECENTLY APPROVED WATER CONSERVATION PLAN.


2. IN ADDITION TO ANY OTHER SANCTION AVAILABLE UNDER
THIS CHAPTER, THE DIRECTOR MAY SUSPEND WATER
SERVICE TO A LARGE WATER USER WHO VIOLATES THIS
SUBSECTION. THE DIRECTOR WILL PROVIDE NOTICE OF
ANY DISCONTINUATION OF WATER SERVICE AS PROVIDED
BY SECTION 37-88(B). IF WATER SERVICE IS SUSPENDED
UNDER THIS SUBSECTION, THE WATER SERVICE WILL NOT
BE RESTORED UNTIL THE LARGE WATER USER HAS COME
INTO COMPLIANCE WITH THE REQUIREMENTS OF THIS
SUBSECTION.




Page 157
SEC. 37-52.05. ADDITIONAL REMEDIES.

A. A LARGE WATER USER WHO VIOLATES ANY PROVISION OF THIS
DIVISION, IN ADDITION TO ANY OTHER SANCTION AUTHORIZED BY
THIS CHAPTER, IS SUBJECT TO A CIVIL SANCTION OF NOT MORE
THAN THE FOLLOWING AMOUNTS:


1. TWO HUNDRED PERCENT OF THE CHARGES FOR WATER
USED, OR ESTIMATED TO HAVE BEEN USED, IN VIOLATION
OF THIS DIVISION, IF THE VIOLATION IS THE LARGE WATER
USER’S FIRST VIOLATION OF THIS DIVISION AND THE
VIOLATION CONTINUED FOR LESS THAN ONE YEAR.


2. FIVE HUNDRED PERCENT OF THE CHARGES FOR WATER
USED, OR ESTIMATED TO HAVE BEEN USED, IN VIOLATION
OF THIS DIVISION, IF THE VIOLATION IS THE LARGE WATER
USER’S SECOND VIOLATION OF THIS DIVISION OR IF THE
VIOLATION CONTINUED FOR MORE THAN ONE YEAR BUT
LESS THAN TWO YEARS.


3. ONE THOUSAND PERCENT OF THE CHARGES FOR WATER
USED, OR ESTIMATED TO HAVE BEEN USED, IN VIOLATION
OF THIS DIVISION, IF THE VIOLATION IS THE LARGE WATER
USER’S THIRD VIOLATION OF THIS DIVISION OR IF THE
VIOLATION CONTINUED FOR MORE THAN TWO YEARS BUT
LESS THAN THREE YEARS.


4. TWO THOUSAND PERCENT OF THE CHARGES FOR WATER
USED, OR ESTIMATED TO HAVE BEEN USED, IN VIOLATION
OF THIS DIVISION, IF THE VIOLATION IS THE LARGE WATER
USER’S FOURTH OR MORE VIOLATION OF THIS DIVISION OR
IF THE VIOLATION CONTINUED FOR MORE THAN THREE
YEARS.




Page 158
B. IF, AS A RESULT OF A LARGE WATER USER’S VIOLATION OF THIS
DIVISION OR STATE LAW, THE CITY IS ASSESSED A CIVIL PENALTY OR
IS ORDERED TO TAKE REMEDIAL ACTION BY DWR [ARIZONA
DEPARTMENT OF WATER RESOURCES], THE LARGE WATER USER
MUST PAY TO THE CITY THE AMOUNT OF THE CIVIL PENALTY, ALONG
WITH ALL COSTS AND EXPENSES INCURRED BY THE CITY DUE TO
THE LARGE WATER USER’S VIOLATION.


C. THE DIRECTOR MAY ISSUE A REQUEST FOR COMPLIANCE, NOTICE
OF VIOLATION, AND CIVIL CITATION FOR A VIOLATION OF THIS
DIVISION. CIVIL CITATIONS WILL BE ISSUED AND PROSECUTED IN
ACCORDANCE WITH THE LOCAL RULES OF PRACTICE AND
PROCEDURES OF THE PHOENIX CITY COURT.



SECTION 3. It is hereby declared to be the intention of the City Council that

the sections, paragraphs, sentence, clauses, and words of the City Code are severable,

and if any word, clause, sentence, paragraph, or section of the City Code is declared

unconstitutional or invalid for any reason by the valid judgment or decree of any court of

competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the

remaining words, clauses, sentences, paragraphs, or sections of the City Code, since

the same would have been enacted by the City Council without the incorporation in the

City Code of any such unconstitutional or invalid word, clause, sentence, paragraph, or

section.




Page 159
PASSED by the City Council of the City of Phoenix this ___ day of ____,

2024.



_____________________________________
MAYOR


ATTEST:



____________________________
Denise Archibald, City Clerk



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


BY: ___________________________

_______________________________


REVIEWED BY:



____________________________
Jeffrey Barton, City Manager
CLC;2423308;LF24-0459;3-6-24




Page 160



Report

Chlorine for Water and Wastewater Contract - IFB-2324-WPP-588 Request for
Award (Ordinance S-50631)

Request to authorize the City Manager, or his designee, to enter into a contract with
PVS DX, INC. to provide Chlorine for the Water Services Department. Further request
to authorize the City Controller to disburse all funds related to this item. The total value
of the contract will not exceed $12,000,000.

Summary
This contract will provide Chlorine for the treatment of water and wastewater, on an as
needed basis. Chlorine is utilized as a disinfectant to continuously treat surface water
and wastewater to meet federal, state, and local regulations.

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

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

Selected Bidder
PVS DX, INC.: $6,120,947.50

Contract Term
The contract will begin on or about April 1, 2024, for a five-year term with no options to
extend.

Financial Impact
The aggregate contract value will not exceed $12,000,000.

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

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

Page 161



Report

Val Vista Transmission Main Rehabilitation - Construction Manager at Risk
Services - WS85500439 (Ordinance S-50638)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Achen-Gardner Construction, LLC to provide Construction Manager at Risk
Preconstruction and Construction Services for the Val Vista Transmission Main
Rehabilitation project. Further request to authorize execution of amendments to the
agreement as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.
The fee for services will not exceed $35,705,000.

Summary
The project consists of 12,400 linear feet of steel slip-lining pipe rehabilitation along
various locations of the Val Vista Transmission Main with an inside diameter of 96
inches.

Achen-Gardner Construction, LLC (Achen) will begin in an agency support role for
Construction Manager At Risk Preconstruction Services. Achen will assume the risk of
delivering the project through a Guaranteed Maximum Price agreement.

Achen's Preconstruction Services include, but are not limited to: providing detailed
cost estimating, project planning and scheduling, providing alternate systems
evaluation and constructability studies and participating with the City in a process to
establish a Small Business Enterprise (SBE) goal for the project.

Achen's initial Construction Services will include preparation of a Guaranteed
Maximum Price proposal provided under the agreement. Achen will be responsible for
construction means and methods related to the project and fulfilling the SBE program
requirements. Achen will be required to solicit bids from prequalified subcontractors
and to perform the work using the City’s subcontractor selection process. Achen may
also compete to self-perform limited amounts of work.

Achen's additional Construction Services include constructing 12,400 linear feet of
steel slip-lining pipe rehabilitation, arranging for procurement of materials and
equipment, scheduling and managing site operations, and maintaining a safe work site


Page 162

for all project participants.

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

Selected Firm
Rank 1: Achen-Gardner Construction, LLC

Additional Proposers
Rank 2: Kiewit Infrastructure West Co.
Rank 3: Sundt Construction, Inc.

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

Financial Impact
The agreement value for Achen-Gardner Construction, LLC will not exceed
$35,705,000, including all subcontractor and reimbursable costs.

Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.

Location
Lindsey Road and McDowell Road to 48th Street north of University Drive
Council District: Out of City

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




Page 163



Report

Purchase of Materials Locker Vending Machines, Maintenance, and Parts
Contract - RFQ-2324-WAD-610 - Request for Award (Ordinance S-50642)

Request to authorize the City Manager, or his designee, to enter into a contract with
Copper State Bolt & Nut Company, Inc. to provide materials locker vending machines,
maintenance, and parts for the Water Services Department. Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the contract will not exceed $500,000.

Summary
This contract will provide Water Services the ability to purchase a variety of stand-
alone locker vending machines, that vary in size, to hold various type of warehouse
items. The vending machines will allow Water Services staff to stock, track, and secure
City-owned inventory to be available for staff. The lockers will be used to dispense
various sized items, such as water meters, brass fittings, and personal protective
equipment.

Procurement Information
The recommendation was made using a Request for Quote process in accordance
with City of Phoenix Administrative Regulation 3.10.

One vendor submitted a bid deemed to be responsive to posted specifications and
responsible to provide the required goods and services.

Selected Bidder
Copper State Bolt & Nut Company, Inc.: $11,295.

Contract Term
The contract will begin on or about March 1, 2024, for a five-year term with no options
to extend.

Financial Impact
The aggregate contract value will not exceed $500,000.

Funding is available in the Water Services Department Operating Budget.


Page 164


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




Page 165



Report

Water Pipeline Emergency Repair and Replacement - Job Order Contracting
Services - JOC217 (Ordinance S-50646)

Request to authorize the City Manager, or his designee, to enter into a master
agreement with WaCo LLC dba WaCo Contracting, to provide Water Pipeline
Emergency Repair and Replacement Job Order Contracting services for the Water
Services 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 all services will not exceed $8,750,000.

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 Job Order Contracting (JOC) contractor's services will be used on an as-needed
basis to provide Water Pipeline Emergency Repair and Replacement JOC services for
excavation, assessment, work site preparation and closeout, and backfill/compact and
pavement restoration. The JOC contractor shall also have available skilled labor to
make repairs to water pipelines and operator mechanisms. The JOC contractor shall
be responsible for inspection of faulty water line mechanisms and able to secure the
appropriate materials/parts to successfully perform the repairs. Additionally, the JOC
contractor will be responsible for fulfilling Small Business Enterprise program
requirements.




Page 166

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

Selected Firms
Rank 1: WaCo LLC dba WaCo Contracting

Additional Proposers
Rank 2: Arrowmark Underground LLC dba Local Underground Construction
Rank 3: Rainwater Plumbing, LLC

Contract Term
The term of the master agreement is for up to five years, or up to $8,750,000,
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 WaCo LLC, dba WaCo Contracting, will not exceed
$8,750,000, including all subcontractor and reimbursable costs.

Request to authorize the City Manager, or his designee, to execute job order
agreements performed under this master agreement 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 Water Services Department’s Capital Improvement Program
budget. 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 Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.




Page 167



Report

Apply for Water Infrastructure Finance Authority - Water Conservation Grant
Fund Opportunity: Cooling Water Conservation Program Development Grant
Opportunity for Fiscal Year 2023- 24. Water Infrastructure Finance Authority -
Water Conservation Grant Fund Opportunity Funding Source: American Rescue
Plan Act of 2021 (Ordinance S-50650)

Request to retroactively authorize the City Manager, or his designee, to apply for a
Water Conservation Grant, in partnership with the Bonneville Environmental
Foundation, from the Arizona Water Infrastructure Finance Authority, beginning in or
about May 2023 through the Fiscal Year 2026-27. The Arizona Water Infrastructure
Finance Authority has federal American Rescue Plan Act of 2021 funds available for
this Water Conservation Grant. Further request authorization for the City Manager, or
his designee, to enter into any agreements or attestations necessary for Bonneville
Environmental Foundation to accept and implement funding, if the grant is awarded,
and to include an exception to the indemnity and assumption of liability provision found
in Phoenix City Code 42-18.

Summary
Under Arizona Revised Statues section 49-1333, a non-governmental entity may apply
to Arizona Water Infrastructure Finance Authority (WIFA) for Water Conservation Grant
(WCG) funds if done in partnership with a public entity. Under this provision, the
Bonneville Environmental Foundation (BEF) submitted a grant application to WIFA for
a WCG Fund under their Business for Water Stewardship program in partnership with
the City of Phoenix Water Services Department (WSD). This award would be used to
support ongoing municipal water conservation efforts to increase the efficiency of large
-scale, wet cooling systems serviced by municipal water utilities, specifically the City of
Phoenix. The City has an existing Memorandum of Understanding (MOU), No. 156940
(Ordinance S-48597) with BEF's Business for Water Stewardship and New venture
Fund's Blue Commons program to promote this program. If awarded, BEF would work
with BlueCommons to put grant monies toward BlueCommons' Cooling Water
Conservation Fund (Fund). The Fund will provide "repay-for-performance" financing to
projects that increase water use efficiency in these cooling systems. Projects
supported will initially be focused on appropriate implementations of water softening
and chemical treatment retrofits, media replacement, plumbing system upgrades,
metering, and other potential retrofits and upgrades that help to reduce overall water


Page 168

use in existing wet cooling system applications. The program would be a collaborative
effort, as outlines in the MOU. The City of Phoenix will not be receiving any funding
distributed as a result of this grant application.

The grant program would have an outreach and recruitment phase beginning in
Summer 2023 and ending in Summer 2024. Funding and project completion would
occur in Fiscal Year 2024-25, and savings verification taking place from Fiscal Year
2025-26 to Fiscal Year 2027-28. The deadline to utilize the WIFA-WCG funds is June
31, 2026.

The WIFA-WCGF submittal deadline was May 19, 2023.

Due to the timing of the deadline put forth by WIFA, WSD submitted an application
prior to obtaining City Council approval. If City Council does not approved this
retroactive request, the application will be withdrawn by WSD.

Financial Impact
There is no financial impact to the city.

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




Page 169



Report

Final Plat - Union Grove - PLAT 230085 - Southwest Corner of Union Hills Drive
and 11th Avenue

Plat: 230085
Project: 21-889
Name of Plat: Union Grove
Owner: Union Grove, LLC
Engineer: Robert J. Blake, RLS
Request: A 13-Lot Detached Single Family Planned Subdivision Plat
Reviewed by Staff: Jan. 31, 2024
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public. This plat needs to record concurrently with Abandonment 210027. The
sequence of recording is that the resolution of abandonment is recorded first, and the
plat second.

Location
Generally located at the southwest corner of Union Hills Drive and 11th Avenue
Council District: 3

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




Page 170



Report

Abandonment of Easement - ABND 210027 - Southwest Corner of Union Hills
and 11th Avenue (Resolution 22186)

Abandonment: 210027
Project: 21-889
Applicant: Jeff A. Giles
Request: To abandon the north 20-feet of existing 33-foot public utility easement as
dedicated on the final plat, Book 335, Page 16.
Date of Decision: June 30, 2021

Summary
The resolution of the abandonment, ABND 210027, and the subdivision plat, PLAT
230085, are to be recorded together with the Maricopa County recorder on the same
day, at the same time. The sequence of recording to be followed is that the resolution
is recorded first, then the plat is recorded second.

Location
Generally located on the southwest corner of Union Hills and 11th Avenue
Council District: 3

Financial Impact
Pursuant to Phoenix City Code Article 5, section 31-64 (e) as the City acknowledges
the public benefit received by the generation of additional revenue from the private tax
rolls and by the elimination of third-party general liability claims against the city,
maintenance expenses, and undesirable traffic patterns, also replatting of the area
with alternate roadways and new development as sufficient and appropriate
consideration in this matter.

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




Page 171



Report

Abandonment of Right of Way - ABND 220011 - 4640 E. Camelback Heights Way
(Resolution 22185)

Abandonment: 220011
Project: 99-3459
Applicant: Lauren Proper Potter
Request: To abandon triangular portion of right-of-way, where North Camelback
Canyon Drive and East Camelback Heights Way meet as illustrated on the attached
exhibit.
Date of Hearing: March 22, 2023

Location
Generally located at 4640 E. Camelback Heights Way
Council District: 6

Financial Impact
A fee was also collected as part of this abandonment in the amount of $308.70.

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




Page 172



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-45-23-1 (The
Shops at Norterra PUD) - Northwest Corner of Norterra Parkway and Happy
Valley Road (Ordinance G-7235)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-2 M-R PCD (Intermediate Commercial, Mid-Rise District, Planned Community
District) to PUD PCD (Planned Unit Development, Planned Community District) to
allow a shopping center (existing) with temporary/promotional events.

Summary
Current Zoning: C-2 M-R PCD
Proposed Zoning: PUD PCD
Acreage: 46.45
Proposal: Existing shopping center with temporary/promotional events

Owner/Applicant: Yam Norterra, LLC
Representative: Jason Morris, Withey Morris Baugh, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Info: The Deer Valley Village Planning Committee was scheduled to hear this
case on Nov. 16, 2023, for information only; however, there was no quorum.
VPC Action: The Deer Valley Village Planning Committee heard this case on Jan. 16,
2024, and recommended approval, per the staff recommendation, with a modification,
by a vote of 9-0.
PC Action: The Planning Commission heard this case on Feb. 1, 2024, and
recommended approval, per the staff memo dated Jan. 31, 2024, by a vote of 8-0.

Location
Northwest corner of Norterra Parkway and Happy Valley Road
Council District: 1
Parcel Address: 2304, 2310, 2330, 2350, 2370, 2390, 2392, 2402, 2404, 2420, 2424,
2430, 2440, 2442, 2446, 2490, 2450, 2460, 2470, 2480, 2510, 2530, 2550, and 2600
W. Happy Valley Road; and 25250, 25252, 25254, and 25256 N. Norterra Parkway



Page 173

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




Page 174
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-45-23-1) FROM C-2 M-R PCD (INTERMEDIATE
COMMERCIAL, MID-RISE DISTRICT, PLANNED COMMUNITY
DISTRICT) TO PUD PCD (PLANNED UNIT DEVELOPMENT,
PLANNED COMMUNITY DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 46.45-acre site located at the northwest

corner of Norterra Parkway and Happy Valley Road in a portion of Section 1, Township

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

from “C-2 M-R PCD” (Intermediate Commercial, Mid-Rise District, Planned Community

District) to “PUD PCD” (Planned Unit Development, Planned Community District).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”




Page 175
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 Shops at Norterra PUD reflecting
the changes approved through the request shall be submitted to the Planning
and Development Department within 30 days of City Council approval of the
request. The updated narrative shall be consistent with the Development
Narrative date stamped January 3, 2024, as modified by the following
stipulations:

a. Update the front cover page with the submittal date of the Hearing Draft.

b. Page 9: F. Signs, second bullet: Delete the word “digital”.

2. Airport Disclosure: 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.

3. Archeologically Sensitive: 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. Archeologically Sensitive: 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. Archeologically Sensitive: 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. Prop 207: Prior to final site plan approval or the issuance of a permit, 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




Page 176
the City to be included in the rezoning application file for record.

Planned Community District Stipulations
Overall Site Plan
7. That, as a portion of a larger Planned Community District, the following
stipulations shall apply per Z-74-02-1 and Z-153-99-1.

8. The development shall be in general conformance with the site plan date
stamped May 11, 2007, with regards to the pedestrian spine, phasing, and
general development intensities.

9. A maximum of 5 building pads less than 10,000 square feet in size shall be
allowed throughout the 140.2 acre site.

Amenities
10. The pedestrian spine extending from Jomax to Happy Valley Road as
illustrated on the conceptual plan date stamped May 11, 2007 shall be visually
identified with a combination of similar hardscape improvements and a
consistent landscape theme, with the inclusion of a pedestrian gate so the
employees can access the retail parcel to the south.

Visual Impacts
11. The below minimum building setbacks shall apply along the following street
frontages, as approved by the Planning and Development Department. The
landscape setback along the street frontages shall include a mix of a minimum
of 3- and 4-inch caliper trees planted approximately 20 feet on center to screen
the buildings.

a. Happy Valley Road (west of Norterra Parkway) shall be a minimum of 60
feet (with a 75-foot average).

12. The applicant shall provide a minimum 30-foot, undulating landscape setback,
with a maximum average landscape setback not to exceed 35 feet, as
measured from the right-of-way prior to any trail dedication, planted with
drought tolerant vegetation in the Sonoran Boulevard Standards, and
meandering sidewalk (where required) adjacent to perimeter street, except
along Happy Valley Road; where the landscape setback and sidewalk shall be
per the Sonoran Boulevard Standards, as measured from the right-of way prior
to any trail dedication.

13. Any loading, maneuvering and other service areas shall be located interior
within the campus and screened so they are not visible from the perimeter
rights-of-way.

14. The development along Happy Valley Road shall comply with the Sonoran
Boulevard Standards.




Page 177
Parking
15. Individual parking structures shall not be arranged such that they create a linear
walled effect at the perimeter of the property.

16. Parking structures shall be designed, to the greatest extent possible; to
minimize the mass of parking structures with adjacent residential properties. In
addition, the parking structures shall be so designed as to prevent vehicular
headlights and the interior lights of the parking structures from shining directly
onto residential properties.


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 6th day of March,

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________




Page 178
REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)




Page 179
EXHIBIT A

LEGAL DESCRIPTION FOR Z-45-23-1


A PORTION OF SECTION 1, TOWNSHIP 4 NORTH, RANGE 2 EAST, OF THE GILA
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, A BRASS
CAP IN HANDHOLE, FROM WHICH THE SOUTHWEST CORNER OF SAID
SECTION, A CHISELED “X” ON CONCRETE OVERPASS, BEARS NORTH 89°37'06"
WEST (BASIS OF BEARING), A DISTANCE OF 2674.68 FEET;

THENCE ALONG THE SOUTH LINE OF SAID SECTION, NORTH 89°37'06" WEST, A
DISTANCE OF 2641.62 FEET, TO THE CENTERLINE OF INTERSTATE 17;

THENCE LEAVING SAID SOUTH LINE, ALONG SAID CENTERLINE, NORTH
09°59'31" WEST, A DISTANCE OF 402.32 FEET, TO THE SOUTHWESTERLY
PROLONGATION OF THE NORTHERLY LINE OF LOT 1, USAA UNIT 1, RECORDED
IN BOOK 900, PAGE 40, MARICOPA COUNTY RECORDS (MCR);

THENCE LEAVING SAID CENTERLINE, ALONG SAID PROLONGATION AND SAID
NORTHERLY LINE, NORTH 51°38'06" EAST, A DISTANCE OF 1141.65 FEET;

THENCE NORTH 72°39'09" EAST, A DISTANCE OF 117.11 FEET;

THENCE NORTH 51°38'06" EAST, A DISTANCE OF 290.80 FEET;

THENCE NORTH 63°03'04" EAST, A DISTANCE OF 21.63 FEET;

THENCE NORTH 51°38'06" EAST, A DISTANCE OF 84.00 FEET, TO THE
CENTERLINE OF NORTERRA PARKWAY;

THENCE LEAVING SAID NORTHERLY LINE, ALONG SAID CENTERLINE, SOUTH
43°55'11" EAST, A DISTANCE OF
6.82 FEET, TO THE BEGINNING OF A CURVE;

THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 1500.00 FEET, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL
ANGLE OF 28°40'23", A DISTANCE OF 750.66 FEET, TO THE CURVES END;

THENCE SOUTH 72°35'34" EAST, A DISTANCE OF 314.62 FEET, TO THE
BEGINNING OF A CURVE;




Page 180
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 645.00 FEET, CONCAVE SOUTHWESTERLY, THROUGH A CENTRAL
ANGLE OF 72°05'42", A DISTANCE OF 811.60 FEET, TO THE CURVES END;

THENCE SOUTH 00°29'52" EAST, A DISTANCE OF 300.04 FEET, TO THE POINT OF
BEGINNING. CONTAINING 2,543,537 SQUARE FEET OR 58.3916 ACRES, MORE
OR LESS.

SUBJECT TO EXISTING RIGHT-OF-WAYS AND EASEMENTS.




Page 181
Page 182



Report

(CONTINUED FROM FEB. 7, 2024) - Amend City Code - Ordinance Adoption -
Rezoning Application Z-61-23-2 (The Villas of Cave Creek Senior Living PUD) -
Northwest Corner of 53rd Street and Dynamite Boulevard (Ordinance G-7222)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
R1-10 (Single-Family Residence District) to PUD (Planned Unit Development) to allow
senior housing.

Summary
Current Zoning: R1-10
Proposed Zoning: PUD
Acreage: 4.35
Proposal: Senior housing

Owner: George F Rivera Trust
Applicant: Learsi Capital Group, LLC
Representative: Heather Personne, Evolve Ventures, LLC

Staff Recommendation: Approval, subject to stipulations.
VPC Info: The Desert View Village Planning Committee heard this case on Oct. 3,
2023, for information only.
VPC Action: The Desert View Village Planning Committee was scheduled to hear this
case on Dec. 5, 2023; however, there was no quorum.
PC Action: The Planning Commission heard this case on Jan. 4, 2024, and
recommended approval, per the staff recommendation, by a vote of 7-0.

Location
Northwest corner of 53rd Street and Dynamite Boulevard
Council District: 2
Parcel Address: 28255 N. 52nd St. and 5214, 5218, 5221, 5222, 5225, 5226, 5229,
5230, 5233, 5234, 5237, 5238, 5241, 5242 and 5246 E. Silver Sage Lane




Page 183

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




Page 184
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-61-23-2) FROM R1-10 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO PUD (PLANNED UNIT
DEVELOPMENT).

____________



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

follows:

SECTION 1. The zoning of a 4.35-acre site located at the northwest

corner of 53rd Street and Dynamite Boulevard in a portion of Section 29, Township 5

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

from “R1-10” (Single-Family Residence District) to “PUD” (Planned Unit Development).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”

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

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




Page 185
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 Villas of Cave Creek Senior Living
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 November 17, 2023, as modified
by the following stipulations:

a. Front cover: Revise the submittal date information to add the following:

2. A total of 70 feet of right-of-way shall be dedicated for the north half of Dynamite
Boulevard or as approved by Maricopa County.

3. All street improvements to Dynamite Boulevard and 53rd Street are outside of
Phoenix City Limits and shall be reviewed and approved by Maricopa County.
Documentation of the county review and approval shall be provided prior to
Preliminary Site Plan approval.

4. A total of 40 feet of right-of-way shall be dedicated for the east half of 52nd
Street.

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

6. The site is located within a Special Flood Hazard Area (SFHA) called a Zone AE
and Zone AE floodway on panel 1301M of the Flood Insurance Rate Maps
(FIRM) revised July 20, 2021. The following requirements shall apply, as
approved by the Planning and Development Department:

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

b. A copy of the Grading and Drainage Plan needs to be submitted to the
Floodplain Management section of the Office of the City Engineer for
review and approval of Floodplain requirements.




Page 186
c. FEMA approved CLOMR-F or CLOMR is required prior to issuance of a
Grading and Drainage permit.

7. 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.

8. 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 7th day of February,

2024.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________




Page 187
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 188
EXHIBIT A

LEGAL DESCRIPTION FOR Z-61-23-2

Lots 1 thru 15 and Tracts A thru D, Final Plat for 53rd St. & Dynamite, according to the
plat of record in Book 1488 of Maps, page 31, recorded in the office of the County
Recorder of Maricopa County, Arizona.

A portion of the SE Corner of Section 29, Township 5 North, Range 4 East, of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona.




Page 189
Page 190
Page 191
Page 192



Report

Amend City Code - Ordinance Adoption - Rezoning Application Z-110-23-5 -
Approximately 310 Feet North and 280 Feet West of the Northwest Corner of
19th Drive and Northern Avenue (Ordinance G-7236)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-2 (Intermediate Commercial District) to WU Code T5:5 (Walkable Urban Code,
Transect 5:5 District) to allow multifamily residential.

Summary
Current Zoning: C-2
Proposed Zoning: WU Code T5:5
Acreage: 0.82
Proposed Use: Multifamily residential

Owner: West Royal Development, LLC
Applicant/Representative: Reid Butler, Butler Housing Company, Inc.

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The North Mountain Village Planning Committee heard this case on Jan.
17, 2024, and recommended approval, per the staff recommendation, by a vote of 12-
0.
PC Action: The Planning Commission heard this case on Feb. 1, 2024, and
recommended approval, per the North Mountain Village Planning Committee
recommendation, by a vote of 8-0.

Location
Approximately 310 feet north and 280 feet west of the northwest corner of 19th Drive
and Northern Avenue
Council District: 5
Parcel Addresses: 2050 W. Northern Ave.

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


Page 193
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-110-23-5) FROM C-2 (INTERMEDIATE
COMMERCIAL DISTRICT) TO WU CODE T5:5 (WALKABLE
URBAN CODE, TRANSECT 5:5 DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 0.82 acre site located approximately 310 feet

north and 280 feet west of the northwest corner of 19th Drive and Northern Avenue in a

portion of Section 36, Township 3 North, Range 2 East, as described more specifically

in Exhibit “A,” is hereby changed from “C-2” (Intermediate Commercial District) to “WU

Code T5:5” (Walkable Urban Code, Transect 5:5 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 194
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The maximum building height shall not exceed 48 feet. If the following
conditions are met, the maximum height shall be 56 feet. The conditions must
be met prior to or in conjunction with the Final Site Plan Review.

a. A minimum of 50 percent of the housing units are dedicated for long-
term affordability, as approved by the Phoenix Housing Department.

b. The applicant shall submit a copy of the draft Declaration of Affirmative
Land Use and Restrictive Covenants agreement (LURA), for review and
approval by the Phoenix Housing Department.

c. The applicant shall submit a copy of the Proforma, for review and
approval by the Phoenix Housing Department.

2. Bicycle infrastructure shall be provided, as described below and as approved
by the Planning and Development Department.

a. A bicycle repair station (“fix-it station”) shall be provided and maintained
near secure bicycle parking areas and separated from vehicular
maneuvering areas, where applicable.

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

c. Guest bicycle parking 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.

d. A minimum of 10 percent of the provided bicycle parking spaces shall
include standard electrical receptacles for electric bicycle charging
capabilities.

3. A minimum of 10 percent of the required parking spaces shall include EV-
Capable infrastructure.

4. A public pedestrian accessway shall be provided from the western to the
eastern extent of the site and connecting to the shared circulation areas. The
public pedestrian accessway shall comply with Section 1304.H of the Phoenix
Zoning Ordinance.

5. The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,



Page 195
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.

6. A minimum of two green infrastructure (GI) techniques for stormwater
management shall be implemented per the Greater Phoenix Metro Green
Infrastructure and Low Impact Development Details for Alternative Stormwater
Management, as approved or modified by the Planning and Development
Department.

7. Site lighting shall be provided at building entrances/exits, and in public
assembly and parking areas, as approved by the Planning and Development
Department.

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

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


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 6th day of March,

2024.




________________________________
MAYOR


ATTEST:




Page 196
_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



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




Page 197
EXHIBIT A

LEGAL DESCRIPTION FOR Z-110-23-5

WITHIN A PORTION OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 2 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel 1 Lot 5, of EL CARO 19TH & NORTHERN, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA RECORDED IN BOOK 1119 OF MAPS, PAGE 5.

ALONG THE SOUTH LINE SOUTHEAST QUARTER SECTION 36, T.3N., R.2E.
N89’57”32’W(R&M)(BASIS OF BEARINGS) 26.36.39(M), 784.08’

STARTING FROM SOUTHEAST CORNER SECTION 36, T.3.N., R.2E, FOUND IRON
BAR IN MANHOLE, 534.78’




Page 198
Page 199



Report

***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** Amend City Code -
Ordinance Adoption - Rezoning Application Z-87-22-6 (Broadstone 56 PUD) -
Approximately 875 Feet South of the Southwest Corner of 56th Street and Van
Buren Street (Ordinance G-7234)

Request to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the
C-3 (General Commercial) to PUD (Planned Unit Development) to allow multifamily
residential and commercial uses per the Walkable Urban Code Transect 5:6 District.

Summary
Current Zoning: C-3
Proposed Zoning: PUD
Acreage: 4.48
Proposal: Multifamily residential and commercial uses per the Walkable Urban Code
Transect 5:6 District
Owner: Randum Properties, LLC
Applicant/Representative: George Pasquel, Withey Morris Baugh, PLC

Staff Recommendation: Approval, subject to stipulations.
VPC Info: The Camelback East Village Planning Committee heard this case on Nov.
14, 2023, for information only.
VPC Action: The Camelback East Village Planning Committee heard this case on Jan.
9, 2024, and recommended approval, per the staff recommendation, by a vote of 16-0.
PC Action: The Planning Commission heard this case on Feb. 1, 2024, and
recommended approval, per the Camelback East Village Planning Committee
recommendation, by a vote of 8-0.

Location
Approximately 875 feet south of the southwest corner of 56th Street and Van Buren
Street
Council District: 6
Parcel Address: 17, 25 and 29 N. 55th Place; 51 N. 55th St.; and 52, 60 and 80 N.
56th St.



Page 200


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




Page 201
PLANNING & DEVELOPMENT DEPARTMENT



To: Alan Stephenson Date: February 23, 2024
Deputy City Manager

From: Joshua Bednare�&
Planning and Devdfopment Director

Subject: CONTINUANCE OF ITEM 79 ON THE MARCH 6, 2024, FORMAL AGENDA - Z-
87-22-6 - APPROXIMATELY 875 FEET SOUTH OF THE SOUTHWEST
CORNER OF 56TH STREET AND VAN BUREN STREET (ORDINANCE G-7234)

Item 79, rezoning application Z-87-22-6 is a request to rezone 4.48 acres located
approximately 875 feet south of the southwest corner of 56th Street and Van Buren Street
from C-3 (General Commercial) to PUD (Planned Unit Development) to allow multifamily
residential and commercial uses per the Walkable Urban Code Transect 5:6 District.

Staff has received correspondence from the applicant requesting a continuance.

Staff recommends continuing this item to the June 26, 2024, City Council Formal meeting.




Approved: ��
Deputy City Manager




Attachment:
Exhibit A - Applicant's request for continuance




Page 202
Page 203
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-87-22-6) FROM C-3 (GENERAL
COMMERICAL) TO PUD (PLANNED UNIT DEVELOPMENT).

____________



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

follows:

SECTION 1. The zoning of a 4.48-acre site located approximately 875 feet

south of the southwest corner of 56th Street and Van Buren Street in a portion of

Section 8, Township 1 North, Range 4 East, as described more specifically in Exhibit

“A,” is hereby changed from “C-3” (General Commercial) to “PUD” (Planned Unit

Development).

SECTION 2. The Planning and Development Director is instructed to

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

change as shown in Exhibit “B.”

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

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




Page 204
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 Broadstone 56 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 December 20, 2023, as modified by the
following stipulations:

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

b. Page 12, Development Standards, 1. Development Standards Table,
Sidewalk Standards: Add a provision for the detached landscape area:
Minimum five-feet-wide landscape strip between back of curb and
sidewalk

c. Page 15, Landscape Standards, Planting Guidelines, Shade Trees:
Update third bullet point to reflect that minimum 30% of all trees be 3-
inch caliper.

d. Page 26, I. Comparative Zoning Table, Update the Comparative Zoning
Table to be consistent with the PUD Development Standards Section.

2. The developer shall dedicate right-of-way and construct a half-radius temporary
turn around at the termination of 55th Place.

3. The developer shall submit a Traffic Impact Study to the City for this
development. No preliminary approval of plans shall be granted until the study
is reviewed and approved by the Street Transportation Department.

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. 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.




Page 205
6. 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.

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

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

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

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

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

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 6th day of March,

2024.




________________________________
MAYOR


ATTEST:




Page 206
_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (8 Pages)
B – Ordinance Location Map (1 Page)




Page 207
EXHIBIT A

LEGAL DESCRIPTION FOR Z-87-22-6

PARCEL NO. 1:

THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 4
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA; EXCEPT THE NORTH 590 FEET THEREOF; AND EXCEPT THE WEST
170 FEET THEREOF.

PARCEL NO. 2:

THE EAST 150 FEET OF THE WEST 170 FEET OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT
THE NORTH 600 FEET THEREOF.

PARCEL NO. 3:

THAT PORTION OF AN ABANDONED ROADWAY VACATED IN RESOLUTION NO.
20250 RECORDED JUNE 7, 2005 IN 2005-0762764 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20 FEET OF THAT PART
OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 4 EAST, OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, LYING SOUTH OF THE WESTERLY PROLONGATION OF THE LINE
DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT 20 FEET EAST AND 370 FEET SOUTH OF THE
NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
8;

THENCE EAST A DISTANCE OF 150 FEET;

THENCE SOUTH A DISTANCE OF 85 FEET TO THE POINT OF BEGINNING;

THENCE WEST A DISTANCE OF 150 FEET TO THE TERMINUS OF THE LINE
DESCRIBED HEREIN; ANDTHE EAST 20 FEET OF THAT PART OF THE WEST
HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT
RIVER BASE AND MERIDIAN, LYING SOUTH OF THE WESTERLY PROLONGATION
OF THE LINE DESCRIBED AS FOLLOWS:




Page 208
COMMENCING AT A POINT 20 FEET EAST AND 370 FEET SOUTH OF THE
NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
8;

THENCE EAST A DISTANCE OF 150 FEET;

THENCE SOUTH A DISTANCE OF 85 FEET TO THE POINT OF BEGINNING;

THENCE WEST A DISTANCE OF 150 FEET TO THE TERMINUS OF THE LINE
DESCRIBED HEREIN; AND THE WEST 5 FEET OF THE EAST 25 FEET OF THAT
PART OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 4
EAST, GILA AND SALT RIVER BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 50 FEET NORTH OF THE SOUTHEAST CORNER OF SAID
WEST HALF;

THENCE WEST A DISTANCE OF 164.64 FEET;

THENCE NORTH A DISTANCE OF 50 FEET;

THENCE EAST A DISTANCE OF 164.64 FEET;

THENCE SOUTH A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING.

PARCEL NO. 4:

A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF
SAID SECTION 8, FROM WHICH THE NORTH QUARTER CORNER OF SAD
SECTION BEARS SOUTH 89 DEGREES 39 MINUTES 50 SECONDS WEST, A
DISTANCE OF 2642.30 FEET;

THENCE SOUTH 00 DEGREES 21 MINUTES 17 SECONDS WEST, ALONG THE
EAST LINE OF SAID SECTION 8, A DISTANCE OF 791.94 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;

THENCE SOUTH 00 DEGREES 21 MINUTES 17 SECONDS EAST, CONTINUING
ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 264.44 FEET;

THENCE NORTH 89 DEGREES 36 MINUTES 08 SECONDS WEST, LEAVING SAID
EAST LINE OF SECTION, A DISTANCE OF 159.54 FEET;




Page 209
THENCE NORTH 00 DEGREES 18 MINUTES 53 SECONDS WEST, A DISTANCE OF
263.59 FEET;

THENCE SOUTH 89 DEGREES 54 MINUTES 30 SECONDS EAST, A DISTANCE OF
159.73 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED PROPERTY CONVEYED TO CLAREMONT MARKETING
GROUP, INC., AN ARIZONA CORPORATION BY WARRANTY DEED RECORDED AS
2003-0493237 OF OFFICIAL RECORDS:

A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF
SAID SECTION 8, FROM WHICH THE NORTH QUARTER CORNER OF SAID
SECTION BEARS NORTH 89 DEGREES 38 MINUTES 50 SECONDS WEST A
DISTANCE OF 2,642.30 FEET;

THENCE SOUTH 00 DEGREES 21 MINUTES 17 SECONDS WEST, ALONG THE
EAST LINE OF SAID SECTION 8, A DISTANCE OF 791.94 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;

THENCE SOUTH 00 DEGREES 21 MINUTES 17 SECONDS WEST, CONTINUING
ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 127.82 FEET;

THENCE NORTH 89 DEGREES 58 MINUTES 54 SECONDS WEST, LEAVING SAID
EAST LINE OF SAID SECTION, A DISTANCE OF 159.64 FEET;

THENCE NORTH 00 DEGREES 18 MINUTES 53 SECONDS EAST A DISTANCE OF
128.02 FEET;

THENCE SOUTH 89 DEGREES 54 MINUTES 30 SECONDS EAST A DISTANCE OF
159.73 FEET TO THE POINT OF BEGINNING.

PARCEL NO. 5:

THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 400.00 FEET SOUTH OF THE NORTHEAST CORNER OF
SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8;

THENCE SOUTH 190.00 FEET;

THENCE WEST 160.00 FEET;




Page 210
THENCE SOUTH 10.00 FEET;

THENCE WEST 150.00 FEET;

THENCE NORTH 145.00 FEET;

THENCE EAST 150.00 FEET;

THENCE NORTH 55.00 FEET; THENCE EAST 160.00 FEET TO THE TRUE POINT
OF BEGINNING.

PARCEL NO. 6:

THE SOUTH 200 FEET OF THE SOUTH HALF OF THE WEST HALF OF THE EAST
HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT BEGINNING AT A
POINT 50 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTH HALF OF
THE WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 8;

THENCE WEST 164.64 FEET;

THENCE NORTH 50 FEET;

THENCE EAST 164.64 FEET;

THENCE SOUTH 50 FEET TO THE POINT OF BEGINNING; EXCEPT THE WEST 5
FEET OF THE EAST 25 FEET; AND EXCEPT THE EAST 20 FEET; AND EXCEPT
THE SOUTH 500 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE WEST
HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 8; AND EXCEPT ANY PORTION LYING WITHIN THE
FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHEAST CORNER
OF SAID SECTION 8, FROM WHICH THE NORTH QUARTER CORNER BEARS
NORTH 89 DEGREES 41 MINUTES 00 SECONDS WEST, A DISTANCE OF 2642.31
FEET;

THENCE NORTH 89 DEGREES 41 MINUTES 00 SECONDS WEST ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 8, A DISTANCE OF
660.51 FEET TO THE NORTHWEST CORNER OF SAID WEST HALF OF THE EAST
HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER;

THENCE SOUTH 00 DEGREES 14 MINUTES 22 SECONDS WEST ALONG THE
WEST LINE OF SAID WEST HALF, A DISTANCE OF 1204.94 FEET;




Page 211
THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF
20.00 FEET TO A LINE 20.00 FEET EASTERLY OF AND PARALLEL WITH SAID
WEST LINE, BEING ALSO THE POINT OF BEGINNING;

THENCE CONTINUING SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST, A
DISTANCE OF 5.00 FEET TO A POINT IN A NON-TANGENT CIRCULAR CURVE
CONCAVE NORTHEASTERLY, THE RADIUS POINT OF WHICH BEARS SOUTH 89
DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 30.00 FEET;

THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 46 DEGREES 34 MINUTES 23 SECONDS, A DISTANCE OF
24.39 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE
CONCAVE WESTERLY, HAVING A RADIUS OF 50.00 FEET;

THENCE SOTUHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF LAST
SAID CURVE THROUGH A CENTRAL ANGLE OF 113 DEGREES 00 MINUTES 06
SECONDS, A DISTANCE OF 98.61 FEET TO SAID PARALLEL LINE;
THENCE NORTH 00 DEGREES 14 MINUTES 22 SECONDS EAST ALONG SAID
PARALLEL LINE, A DISTANCE OF 103.93 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH

PARCEL NO. 7:

THAT PORTION OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA,
DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT 50 FEET NORTH OF THE SOUTHEAST CORNER OF THE
SOUTH HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 8;

THENCE WEST 164.64 FEET;

THENCE NORTH 50 FEET;

THENCE EAST 164.64 FEET;

THENCE SOUTH 50 FEET TO THE POINT OF BEGINNING; EXCEPT THE WEST 5
FEET OF THE EAST 25 FEET; AND EXCEPT THE EAST 20 FEET THEREOF.
TOGETHER WITH

PARCEL NO. 8:

THE SOUTH 50 FEET OF THE EAST HALF OF THE SOUTH HALF OF THE WEST
HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST




Page 212
QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT THE EAST 20 FEET THEREOF.

PARCEL NO. 9:

THAT PART OF THE EAST HALF OF THE SOTUHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 20 FEET EAST AND 270 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
8;

THENCE EAST A DISTANCE OF 150 FEET;

THENCE SOUTH A DISTANCE OF 100 FEET;

THENCE WEST A DISTANCE OF 150 FEET;
THENCE NORTH A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING.

PARCEL NO. 10:

THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 20 FEET EAST AND 370 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
8;

THENCE EAST A DISTANCE OF 150 FEET;

THENCE SOUTH A DISTANCE OF 85 FEET;

THENCE WEST A DISTANCE OF 150 FEET;

THENCE NORTH A DISTANCE OF 85 FEET TO THE POINT OF BEGINNING;
EXCEPT THE WEST 5 FEET.

PARCEL NO. 11:

A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND




Page 213
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF
SAID SECTION 8, FROM WHICH THE NORTH QUARTER CORNER OF SAID
SECTION BEARS SOUTH 89 DEGREES 38 MINUTES 50 SECONDS WEST, A
DISTANCE OF 2642.30 FEET;

THENCE SOUTH 00 DEGREES 21 MINUTES 17 SECONDS WEST, ALONG THE
EAST LINE OF SAID SECTION 8, A DISTANCE OF 791.94 FEET;

THENCE NORTH 89 DEGREES 54 MINUTES 30 SECONDS WEST, LEAVING SAID
EAST LINE OF SAID SECTION, A DISTANCE OF 159.73 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;

THENCE SOUTH 00 DEGREES 18 MINUTES 53 SECONDS, A DISTANCE OF 133.59
FEET;

THENCE NORTH 89 DEGREES 36 MINUTES 08 SECONDS WEST, A DISTANCE OF
150.00 FEET;

THENCE NORTH 00 DEGREES 36 MINUTES 53 SECONDS EAST, A DISTANCE OF
132.59 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 30 SECONDS EAST, A
DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY CONVEYED
TO CLAREMONT MARKETING GROUP, INC., AN ARIZONA CORPORATION BY
WARRANTY DEED RECORDED AS 2003-0493237 OF OFFICIAL RECORDS:
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 1 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF
SAID SECTION 8, FROM WHICH THE NORTH QUARTER CORNER OF SAID
SECTION BEARS NORTH 89 DEGREES 38 MINUTES 50 SECONDS WEST A
DISTANCE OF 2,642.30 FEET;

THENCE SOUTH 00 DEGREES 21 MINUTES 17 SECONDS WEST, ALONG THE
EAST LINE OF SAID SECTION 8, A DISTANCE OF 791.94 FEET;

THENCE NORTH 89 DEGREES 38 MINUTES 50 SECONDS WEST A DISTANCE OF
2,642.30 FEET;

THENCE SOUTH 00 DEGREES 21 MINUTES 17 SECONDS WEST, ALONG THE
EAST LINE OF SAID SECTION 8, A DISTANCE OF 791.94 FEET;

THENCE NORTH 89 DEGREES 54 MINUTES 30 SECONDS WEST, LEAVING SAID
EAST LINE OF SAID SECTION, A DISTANCE OF 159.73 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;




Page 214
THENCE SOUTH 00 DEGREES 18 MINUTES 53 SECONDS WEST A DISTANCE OF
128.02 FEET;

THENCE NORTH 89 DEGREES 58 MINUTES 54 SECONDS WEST A DISTANCE OF
150.00 FEET;

THENCE NORTH 00 DEGREES 18 MINUTES 53 SECONDS EAST A DISTANCE OF
128.21 FEET;

THENCE SOUTH 89 DEGREES 54 MINUTES 30 SECONDS EAST A DISTANCE OF
150.00 FEET TO THE POINT OF BEGINNING.




Page 215
Page 216



Report

Modification of Stipulation Request for Ratification of Planning Commission
Action - PHO-1-23--Z--73-01-6(8) - Southwest Corner of 32nd Street and Baseline
Road

Request to authorize the City Manager, or his designee, to approve Planning
Commission's recommendation without further hearing by the City Council on matters
heard by the Planning Commission on Feb. 1, 2024. This ratification requires formal
action only.

Summary
Application: PHO-1-23--Z-73-01-6(8)
Existing Zoning: MUA BAOD
Acreage: 3.64

Owner: Zanbour, LLC
Applicant/Representative: Tim Rasnake, Archicon LC

Proposal:
1. Request to modify Stipulation 1.a regarding general conformance with the site plan
dated Aug. 27, 2001.
2. Request to delete Stipulation 1.b regarding landscape strips.
3. Request to delete Stipulation 1.d regarding creation of a Homeowners Association.
4. Request to delete Stipulation 1.e regarding Planning Hearing Officer review of gated
entry design.
5. Request to delete Stipulation 1.g regarding alternative paving materials for parking
stalls.

VPC Action: The South Mountain Village Planning Committee heard the request on
Aug. 8, 2023, and continued the request with direction, by a vote of 9-1. The South
Mountain Village Planning Committee heard the request on Nov. 14, 2023, and
recommended approval with modifications and additional stipulations, by a vote of 14-
0.
PHO Action: The Planning Hearing Officer heard the request on Nov. 15, 2023, and
recommended a continuance to the Dec. 20, 2023, PHO hearing. The Planning
Hearing Officer heard the request on Dec. 20, 2023, and recommended approval with


Page 217

a modification and additional stipulations.
PC Action: The Planning Commission heard the request on Feb. 1, 2024, and
recommended approval, per the Planning Hearing Officer recommendation, with a
deleted stipulation and additional stipulations, by a vote of 8-0.

Location
Southwest corner of 32nd Street and Baseline Road
Council District: 8
Parcel Address: 7698 S. 32nd St. and 3179 E. Baseline Road

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




Page 218
ATTACHMENT A

Planning Commission Approved Stipulations – PHO-1-23--Z-73-01-6(8)
Location: Southwest corner of 32nd Street and Baseline Road

Stipulations:

1. Site Planning:

a. That The development shall be in general conformance with the site plan
dated STAMPED OCTOBER 6, 2023 August 27, 2001, AS APPROVED
OR MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED
BY THE PLANNING AND DEVELOPMENT DEPARTMENT. with specific
regard to areas to be counted towards approximation of the 50% open
space requirements in the MUA as may be approved by DSD, and
represented by:

 A circular open space tract in the residential area.

 Linear pedestrian tracts in the east and south connecting to adjacent
properties.

 A pedestrian link from the residential to the commercial areas in the
north and crossing 32nd Street.

b. Landscaped-tree lined strips that run along both sides of all local streets in
the residential area. This landscaped strip shall include a meandering
sidewalk as shown on the site plan.

c. That the height for commercial buildings be limited to one story along
b. Baseline Road, as specified on the site plan.

d. That a Homeowners Association (HOA) be created to maintain all areas
specified in 1.a.

e. That a design for the gated entry for the residential area shall be provided
to the PHO for review prior to Preliminary Site Plan approval.

f. That solid walls be allowed on the interior perimeter walls (east and south)
c. not the walls along 32nd Street or Baseline Road. These solid walls must
incorporate controlled gates where they intersect the linear pedestrian
tracts in the east and south that connect to adjacent properties so
pedestrian connections with future adjacent developments is allowed.

g. THE SURFACE OF PARKING STALLS SHALL BE COMPOSED OF AN
d. ALTERNATIVE TO ASPHALT OR CONCRETE, AS APPROVED BY THE




Page 219
PLANNING AND DEVELOPMENT DEPARTMENT. That 81 parking stalls
between the residential and commercial use shall be built with an
alternative paving material.

e. A MINIMUM OF 10% OF THE REQUIRED PARKING SPACES SHALL
BE LEVEL 2 OR GREATER EV READY.

f. A MINIMUM FIVE BICYCLE SPACES SHALL BE PROVIDED
CONSISTING OF INVERTED U AND/OR ARTISTIC RACKS LOCATED
NEAR THE BUILDING ENTRANCES OR IN A SECURE LOCATION
INSIDE THE BUILDING AND INSTALLED PER THE REQUIREMENTS
OF SECTION 1307.H., AS APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.

g. THE LANDSCAPING SHALL BE LIMITED TO THE SONORAN PLANT
LIST WITH THE ADDITION OF CERCIDIUM HYBRID (DESERT
MUSEUM PALO VERDE), QUERCUS VIRGINIANA (LIVE OAK), AND
PISTACIA X 'RED-PUSH (RED PUSH PISTACHE).

2. Building Design:

2.1 Commercial Buildings

a. That the applicant shall submit detailed elevations of the commercial
buildings detailing the open areas between the buildings. These
connections shall be made through “transparent” type of architectural
elements working as shading devices. These elements may include
arcades, ramadas, isolated-decorative walls, columns, and other elements
that help define and support a shaded pedestrian environment but allow
the flow of vistas. This information shall be submitted for review to the
Planning Hearing Officer at the time of Preliminary Site Plan approval.

b. THE BUILDING ELEVATIONS SHALL BE IN GENERAL
CONFORMANCE WITH ELEVATIONS DATE STAMPED JANUARY 31,
2024, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

c. ANY BUILDING NOT REFLECTED IN THE ABOVE REFERENCED
ELEVATIONS SHALL BE PRESENTED FOR REVIEW AND COMMENT
TO THE SOUTH MOUNTAIN VILLAGE PLANNING COMMITTEE PRIOR
TO PRELIMINARY SITE PLAN APPROVAL.

d. ALL BUILDING ELEVATIONS SHALL INCLUDE SIMILAR BUILDING
MATERIALS AND HAVE A SIMILAR OR COMPATIBLE DESIGN AS THE
ELEVATIONS DATE STAMPED JANUARY 31, 2024, AS APPROVED BY
THE PLANNING AND DEVELOPMENT DEPARTMENT.




Page 220
2.2 Residential Buildings

a. That only one-story houses shall be built on the south property line and
30% of overall units shall be at one story.

b. The floor plans shall be consistent with the elevations that reflect a rural
design based on the “Tuscan Architecture” style illustrated by the
applicant.

3. Streets and Rights-of-Way:

a. That a right-of-way totaling 60 feet shall be dedicated for the south half of
Baseline Road.

b. That right-of-way for 32nd Street realignment shall be dedicated as per
plans approved by the City of Phoenix. The future intersection for 32nd
Street at Baseline Road shall be flared to the minimum extent necessary
and tapered in the shortest reasonable distance to function with the
existing improvements on the north side of Baseline and with the future 40
foot of pavement within the 60-foot of right-of-way planned for 32nd Street
on the south side of Baseline Road. Additional improvements may be
required to accommodate left turn access to the proposed driveways.

c. That a 21 foot by 21-foot right-of-way triangle shall be dedicated at the
southeast and southwest corners of 32nd Street and Baseline Road.

d. That sufficient right-of-way shall be dedicated to accommodate a bus bay
(Detail P-1256) on Baseline Road east of 32nd Street (new alignment).

e. That rights-of-way dedications and street alignments for local streets
within the subdivision will be determined by DSD at the time of Preliminary
Subdivision Plat Review.

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

g. The applicant shall complete and submit the Developer Project
Information form for the MAG Transportation Improvement Program to the
Street Transportation Department (602-262-6193). This form is a
requirement of the EPA to meet clean air quality requirements.

h. That sufficient right-of-way must be provided for an underground tunnel




Page 221
crossing Baseline Road running on the west side of the 32nd Street
(realignment) as may be approved by the Parks, Recreation and Library
Department and Street Transportation Department. This right-of-way
should be approximately 100 feet by 50 feet from the right-of-way of
Baseline Road at the southwest corner of Baseline Road and 32nd Street
realignment.

4. ARCHAEOLOGY:

a. 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.

b. 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.

c. 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.

4. Trails:
5.

a. A 30-FOOT-WIDE MULTI-USE TRAIL EASEMENT (MUTE) SHALL BE
DEDICATED ALONG THE SOUTH SIDE OF BASELINE ROAD AND THE
WEST SIDE OF 32ND STREET 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 OR MODIFIED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.
That a 25-foot easement shall be provided on the west side of 32nd Street
and along Baseline Road to incorporate a multi-use trail as indicated on
the South Mountain Village/Laveen Village Trail System map. Plans must
be submitted to the Parks, Recreation and Library Department for final
approval.




Page 222
b. That the developer shall provide an alternative paving material where the
entrance driveway crosses the equestrian trail. The alternative paving
material shall be as wide as the equestrian trail and must be used across
the entire width of the street or driveway. The alternate paving material
and the material used at the street/trail interface shall be acceptable to the
Parks, Recreation and Library Department and Street Transportation
Department.

5. Other issues:
6.

a. That upon approval of this request by City Council, the South Mountain
Village Planning Committee will be notified of any subsequent
modifications and/or deletions of stipulations and/or variances.

b. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A
FORM APPROVED BY THE CITY ATTORNEY'S OFFICE. 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.

b. That the development shall commence construction within 24 months of
c. the rezoning request approval by City Council.

d. PEDESTRIAN ACCESS SHALL BE PROVIDED TO THE
DEVELOPMENT TO THE SOUTH, SUBJECT TO ADA STANDARDS
AND AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

e. THE AMOUNT OF CUT AND FILL SHALL BE THE MINUIMUM AMOUNT
NECESSARY TO ACCOMMODATE SITE INFRASTRUCTURE AND THE
ACCESSIBLE PEDESTRIAN PATHWAY CONNECTING TO THE
DEVELOPMENT TO THE SOUTH, AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

f. ON-SITE LIGHTING SHALL BE ACCOMPLISHED WITH LOW LEVEL,
UNIFORM LIGHTING FIXTURES DISPERSED THROUGHOUT THE
SITE WITH A LUMEN RATING OF 3,000 OR LESS.

g. THE LANDSCAPING FOR THE PROJECT SHALL BE EQUAL TO OR
BETTER THAN THE LANDSCAPE DESIGN SHOWN ON THE
LANDSCAPE PLAN PRESENTED TO THE SOUTH MOUNTAIN
VILLAGE PLANNING COMMITTEE BY THE APPLICANT ON




Page 223
NOVEMBER 14, 2023, OR AS REQUIRED BY OTHER CITY CODE,
WHICH EVER IS GREATER.




Page 224



Report