Monday, December 6, :00 PM AGENDA

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1 APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA Monday, December 6, :00 PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL. 3. DISCUSSION ON APPOINTMENT OF DEPUTY CITY MAGISTRATES. Discussion on the appointment of Dale E. Collier and Rebecca Standage as deputy city magistrates for a two year term ending January 15, DISCUSSION ON REAPPOINTMENT OF PRO-TEM MAGISTRATES. The current magistrate pro-tem appointments are set to expire on January 15, It is being requested that two pro-tem magistrates be reappointed for another two year term. 5. PRESENTATION AND DISCUSSION ON PROPOSED DIRECTION TO STAFF TO DRAFT ZONING ORDINANCE TEXT AMENDMENTS TO REGULATE MEDICAL MARIJUANA USES AS ALLOWED BY PROPOSITION 203. The voters of Arizona recently approved Proposition 203, which decriminalizes marijuana for medicinal use. The law allows for the establishment of medical marijuana dispensaries and off-site cultivation locations. Cities and other government agencies across the State are drafting laws to regulate these uses. This discussion will present some of the basic issues relative to the law and some of the items Staff suggests be included in our own regulations for such uses. 6. DISCUSSION ON PROPOSED CHANGES TO ORDINANCE NO. 1370, CHANGES IN LIBRARY BOARD BYLAWS AND CORRESPONDING CHANGES IN CITY CODE RELATING TO BEING AN OFFICER ON THE LIBRARY BOARD FOR CONSECUTIVE NUMBER OF YEARS. The Board has recommended changes regarding being an officer on the Library Board for a consecutive number of years and other housekeeping measures. City Code changes are also recommended. 7. DISCUSSION ON FISCAL YEAR 2010 STATE SPECIAL PROJECT PROPOSED APPLICATION FOR PLAZA DRIVE IMPROVEMENTS PHASE TWO. On September 7, 2010, the city council selected to submit an application for funding to complete Plaza Drive improvements Phase Two. Additional discussion is necessary, before moving forward with an application. 8. PRESENTATION AND DISCUSSION ON FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDING. The city is eligible to request funding under the Community Development Block Grant program and the State Special Project program. The city is required to hold public meetings to discuss potential projects for application submittal. Staff is updating the council on the public participation process and potential projects for consideration. Staff is not seeking formal direction from council at this time. A public hearing will be held on January 4, 2011 during the city council meeting, at which time, the community may present projects and the council will be asked to select a project for each application submittal. 9. DISCUSSION ON RESOLUTION NO , AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR SAFE ROUTES TO SCHOOL GRANT FUNDS.

2 In July 2010, the City of Apache Junction was notified of a grant awarded under the Safe Routes to School Program Cycle 4. The program would provide enforcement and education services regarding walking and biking to school safety for Superstition Mountain Elementary School and Cactus Canyon Junior High. The Agreement and Resolution are needed to receive grant funds. 10. DISCUSSION ON PROJECT PW , CHIP SEAL EMULSIONS. Two bids were received in response to this solicitation. Presentation and discussion for possible approval and award of this bid to Cactus Transport, Inc. 11. PRESENTATION AND DISCUSSION ON RESOLUTION NO , THE CITY'S FISCAL YEAR (FY) 2011 LOCAL TRANSPORTATION ASSISTANCE FUND (LTAF) II GRANT APPLICATION. Staff respectfully requests that the city council review and discuss the staff's recommendation for the utilization of the city's FY 2011 Local Transportation Assistance Fund (LTAF) II allocation. Staff has recommended that the funds be directed to the Apache Junction Active Adult Center (dba East Valley Adult Resources) for support of its transportation program. The LTAF II funds, and required cash match, would provide approximately 4,621 one way trips to medical appointments, shopping trips, and Center activities. If the council concurs with the staff's recommendation, staff will respectfully request that the council adopt Resolution No during the December 7, 2010 city council meeting. 12. PRESENTATION AND DISCUSSION ON RESOLUTION NUMBERS AND 10-45, SUPPORTING AN APPLICATION TO THE GREATER ARIZONA DEVELOPMENT AUTHORITY (GADA) AND PROVIDING FOR REIMBURSEMENT OF FUNDS RECEIVED FOR STREET BONDS. Staff will present a summary of Resolution Numbers and 10-45, supporting an application to the Greater Arizona Development Authority (GADA) and providing for reimbursement of funds received for street bonds. Staff will seek approval of said resolution on December 7, ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk s office: 300 East Superstition Boulevard, Apache Junction, AZ Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at (480) or (480) (TDD) at least 72 hours prior to the scheduled time.

3 Print TO: City Manager's Office FROM: James W. Hazel, Jr. Presiding Magistrate DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Required by Federal Law or State Statute TITLE OF AGENDA ITEM: DISCUSSION ON APPOINTMENT OF DEPUTY CITY MAGISTRATES. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Discussion on the appointment of Dale E. Collier and Rebecca Standage as deputy city magistrates for a two year term ending January 15, FISCAL IMPACT: Budgeted Expenditure OPTIONS / ALTERNATIVES: Statutory Requirement RECOMMENDATION: ATTACHMENTS: Click to download Memo regarding Deputy City Magistrate Appointment

4 APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, ARIZONA TO: FROM: RE: Mayor and City Council James W. Hazel, Magistrate Appointment Deputy City Magistrate DATE: December 1, 2010 At the December 7, 2010 meeting, I am requesting the reappointment of deputy magistrate Dale Collier for a two-year term. I am also requesting that Rebecca Standage be appointed a deputy magistrate for a two-year term. Several years ago the city ordinances were modified to permit the appointment of deputy city magistrate(s). The deputy city magistrate(s) receive a nominal monthly salary ($50/mo.) and are usually the first individuals contacted when a substitute judge is needed. They are also contacted for warrants or emergency police matters if I am not available. Judge Dale Collier and Rebecca Standage are recommended for the position. The judges never accepted the nominal salary. Suggested motion: I move that Dale E. Collier be appointed as a Deputy City Magistrate for the term of January 16, 2011 through January 15, 2013; and, I move that Rebecca Standage be appointed as a Deputy City Magistrate for the term of January 16, 2011 through January 15, 2013; and, The appointment is to be effective for said term after the execution of their respective Oath of Office.

5 Print TO: City Manager's Office FROM: James W. Hazel, Jr. Presiding Magistrate DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Required by Federal Law or State Statute TITLE OF AGENDA ITEM: DISCUSSION ON REAPPOINTMENT OF PRO-TEM MAGISTRATES. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The current magistrate pro-tem appointments are set to expire on January 15, It is being requested that two pro-tem magistrates be reappointed for another two year term. FISCAL IMPACT: Budgeted Expenditure OPTIONS / ALTERNATIVES: City Code Requirement RECOMMENDATION: ATTACHMENTS: Click to download Memo regarding pro-tem magistrate appointments

6 APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, ARIZONA TO: FROM: Mayor and City Council James W. Hazel, Magistrate DATE: December 1, 2010 RE: Appointment Pro-Tem Magistrates Two well qualified candidates have made application to be reappointed as Magistrates Pro-Tem. At the December 7, 2010 meeting I am requesting the reappointment of Lisa Peters and Michelle O Hair-Schattenberg as Magistrates Pro-Tem. Section of the City Code provides for the appointment of magistrates pro-tem. The usual procedure is to appoint these individuals for a two year period. Additional information is available upon request. Suggested motion: I move that Lisa Peters and Michelle O Hair-Schattenberg be reappointed as a pro-tem City Magistrate for the term of January 16, 2011 through January 15, 2013; and, The appointment is to be effective for said term after the execution of their respective Oath of Office.

7 Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED DIRECTION TO STAFF TO DRAFT ZONING ORDINANCE TEXT AMENDMENTS TO REGULATE MEDICAL MARIJUANA USES AS ALLOWED BY PROPOSITION 203. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The voters of Arizona recently approved Proposition 203, which decriminalizes marijuana for medicinal use. The law allows for the establishment of medical marijuana dispensaries and off-site cultivation locations. Cities and other government agencies across the State are drafting laws to regulate these uses. This discussion will present some of the basic issues relative to the law and some of the items Staff suggests be included in our own regulations for such uses. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: Statutory Requirement RECOMMENDATION: Presentation and discussion only, this evening. ATTACHMENTS: Click to download AM-4-10 Direction to Staff memo

8 City of Apache Junction Development Services Department DATE: December 6, 2010 MEMO TO: THROUGH: FROM: SUBJECT: Honorable Mayor and City Council Members George Hoffman, City Manager Brad Steinke, Development Services Director Rudy Esquivias, Senior Planner/ Fred Baker, Planning Manager DEC. 6, 2010, WORK SESSION DISCUSSION ITEM: DISCUSSION ON PROPOSITION 203, NON-PROFIT MEDICAL MARIJUANA DISPENSARIES. DEC. 7, 2010, DIRECTION TO STAFF: DIRECT STAFF TO INITIATE ORDINANCE AMENDMENT(S) CONCERNING PROPOSITION 203, NON-PROFIT MEDICAL MARIJUANA DISPENSARIES. BACKGROUND: Proposition 203 is a ballot initiative approved during the general election on November 2, The initiative enacts a group of statutes titled the "Arizona Medical Marijuana Act," to include a new Chapter 28.1 in Title 36 and amendment of Arizona Revised Statute (ARS) The new law decriminalizes possession, sale and cultivation of marijuana for certain purposes under state law and provides for the establishment of non-profit medical marijuana dispensaries and off-site cultivation locations. The law allows, on a statewide basis, one dispensary and off-site cultivation location for every 10 pharmacies; thus approximately 120 dispensaries could be established in Arizona. The law requires dispensaries to be at least 500 feet from a public or private school, but has no other requirements. Local communities can establish zoning requirements for the location of dispensaries and off-site cultivation locations. Several local communities are in the process of adopting ordinance changes including Mesa, Gilbert, Queen Creek, Marana, Tucson, and Pima and Maricopa counties. The law specifically permits cities, towns and counties to enact zoning regulations for such medical marijuana dispensaries, and the City has the authority to enact such zoning regulations pursuant to ARS Title 9, Article 6.1. Page 1 of 5

9 Proposition 203, also known as the Arizona Medical Marijuana Act, allows a "qualifying patient" who has a "debilitating medical condition" to obtain an "allowable amount of marijuana" from a "non-profit medical marijuana dispensary" and to possess and use the marijuana to treat or alleviate the debilitating medical condition or symptoms associated with the condition. The Arizona Department of Health Services (DHS) would be required to adopt and enforce a regulatory system for the distribution of marijuana for medical use, including a system for approving, renewing and revoking the registration of qualifying patients, designated caregivers, non-profit dispensaries and dispensary agents. The costs of the regulatory system would be paid from application and renewal fees collected, civil penalties imposed and private donations received pursuant to the proposition. A "qualifying patient" is defined as a person who has been diagnosed by a physician (a doctor of medicine, osteopathy, naturopathic medicine or homeopathy) as having one of the following debilitating medical conditions: 1. Cancer. 2. Glaucoma. 3. Positive status for human immunodeficiency virus. 4. Acquired immune deficiency syndrome. 5. Hepatitis C. 6. Amyotrophic lateral sclerosis. 7. Crohn's disease. 8. Agitation of Alzheimer's disease. 9. A chronic or debilitating disease or medical condition that produces any of the following: a. Cachexia or wasting syndrome. b. Severe and chronic pain. c. Severe nausea. d. Seizures (including those characteristic of epilepsy). e. Severe and persistent muscle spasms (including those characteristic of multiple sclerosis). 10. Any other medical condition added by DHS through a public petition process. In order to register with DHS, a qualifying patient must submit a signed written certification issued by the physician that states the physician's professional opinion that the patient is likely to receive therapeutic or symptom-relieving benefits from the medical use of marijuana to treat or alleviate a debilitating medical condition. The certification must specify the debilitating medical condition and must be made in the course of a physician-patient relationship after the physician has completed a full assessment of the patient's medical history. If the qualifying patient is under 18 years of age, the patient's custodial parent or legal guardian must submit written certifications from two physicians and the custodial parent or legal guardian must consent in writing to control the patient's medical use of the marijuana. A qualifying patient who is registered with DHS (or a registered designated caregiver on behalf of the qualifying patient) may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered non-profit Page 2 of 5

10 medical marijuana dispensary. If the qualifying patient's home is located more than 25 miles from the nearest non-profit medical marijuana dispensary, the patient or designated caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility. (CAN the City require a CUP for this, a single entity/residential location or are we covered by limiting dispensaries in commercial areas and cultivation in industrial areas?) A registered non-profit medical marijuana dispensary must be operated on a not-forprofit basis, but may receive payment for all expenses incurred in its operation. DHS may not issue more than one non-profit medical marijuana dispensary registration certificate for every ten pharmacy permits issued by the Arizona State Board of Pharmacy under current law. The dispensary may cultivate marijuana only in an enclosed, locked facility and may acquire marijuana from a registered qualifying patient or designated caregiver if the patient or caregiver is not compensated for the marijuana. The proposition specifies various security, record-keeping and verification requirements relating to the operation of dispensaries. Proposition 203 generally provides that any person who acts in conformity with the requirements of the proposition is not subject to any governmentally imposed sanction relating to the medical use of marijuana. This proposition would prohibit certain discriminatory practices, including the following: 1. A school or landlord may not refuse to enroll or lease to a person registered pursuant to this proposition unless failing to do so would cause the school or landlord to lose a monetary or licensing benefit under federal law. 2. An employer may not discriminate against a person registered pursuant to this proposition in hiring, terminating or imposing employment conditions unless failing to do so would cause the employer to lose a monetary or licensing benefit under federal law. Further, an employer may not penalize a qualifying patient registered pursuant to this proposition for a positive drug test for marijuana, unless the patient used, possessed or was impaired by marijuana on the employment premises or during hours of employment. Proposition 203 would not: 1. Authorize a person to undertake any task under the influence of marijuana that constitutes negligence or professional malpractice. 2. Authorize possessing or using medical marijuana on a school bus, on the grounds of a preschool, primary school or high school or in a correctional facility. 3. Authorize smoking marijuana on public transportation or in a public place. 4. Authorize operating, navigating or being in actual physical control of a motor vehicle, aircraft or motorboat while under the influence of marijuana. A registered Page 3 of 5

11 qualifying patient would not be considered to be under the influence of marijuana solely because of the presence of marijuana in the person's system that appears in a concentration insufficient to cause impairment. 5. Require a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana. 6. Require an owner of private property to allow the use of marijuana on that property. 7. Require an employer to allow the ingestion of marijuana in the workplace. 8. Prevent a nursing care or other residential or inpatient healthcare facility from adopting reasonable restrictions on the provision, storage and use of marijuana by residents or patients. CITY COUNCIL DISCUSSION AND DIRECTION: This item is scheduled for discussion only at the City Council s Work Session on December 6. However, at their regular meeting on December 7, it is recommended that the Apache Junction City Council direct staff to initiate a Zoning Code Text Amendment that: 1. Limits the location of medical marijuana dispensaries and off-site cultivation locations to commercial and industrial zones; creates definitions for dispensaries and off-site cultivation locations; allows dispensaries with on-site cultivation to be located in commercial or industrial zones; allows off-site cultivation facilities (not co-located with a dispensary) to be only in industrial zones; prohibits medical marijuana dispensaries and/or off-site cultivation locations in any Planned Community District. 2. Requires a dispensary or off-site cultivation facility to be located in a permanent building, not in a cargo container, manufactured building of any kind, RV, trailer, or motor vehicle. 3. Requires a Conditional Use Permit approved by the Planning and Zoning Commission for a medical marijuana dispensary or medical marijuana off-site cultivation location. 4. Requires a Conditional Use Permit application for a dispensary or medical marijuana cultivation to include, at a minimum, the following supplemental information: Certification that the property owner is aware the property will be used for marijuana dispensing or cultivating and providing documentation that the applicant can meet DHS standards for approval; Page 4 of 5

12 Requires a list of the operating organization's officers and board of directors and a certification that the operators comply with requirements in the law prohibiting criminal history; Application or acknowledgement to obtain a City Business or Operating License; Limit on floor area and hours of operation; Prohibition on drive-through pickup windows and delivery service; and Prohibition on outdoor seating areas at dispensaries and cultivation locations. Required spacing requirements: At least 2,000 feet from other dispensaries and off-site cultivation locations; At least 1,000 feet from schools, day care centers and churches; At least 1,000 feet from drug and alcohol rehabilitation facilities; A least 1,000 feet from other sensitive land uses as determined by the Zoning Administrator on a case by case basis; and Allows the Planning and Zoning Commission to add permit conditions necessary to conserve and promote the public health, safety, convenience and general welfare. 5. Additional Requirements to consider: Security Plan including lighting, alarms, secure storage, and other necessary building safety measures; Prohibit on-site consumption; Limit to one dispensary per ten pharmacies in the City; No off-site cultivation without associated dispensary; and No more than one off-site cultivation location per dispensary. 6. In the event that a qualifying patient in the City limits is 25 miles or farther from a dispensary, said individual may apply for a CUP to cultivate no more than twelve (12) marijuana plants at their place of residency (with owner s permission) subject to the same types of appropriate applicable conditions and precautions as above for security, use and documentation. Page 5 of 5

13 Print TO: City Manager's Office FROM: Spencer Paden, Library Manager DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED CHANGES TO ORDINANCE NO. 1370, CHANGES IN LIBRARY BOARD BYLAWS AND CORRESPONDING CHANGES IN CITY CODE RELATING TO BEING AN OFFICER ON THE LIBRARY BOARD FOR CONSECUTIVE NUMBER OF YEARS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Board has recommended changes regarding being an officer on the Library Board for a consecutive number of years and other housekeeping measures. City Code changes are also recommended. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: City Code Requirement RECOMMENDATION: Please approve of the changes in the Library Board's Bylaws and make identified changes to the City Code. ATTACHMENTS: Click to download Draft AJPL Bylaws Draft Ordinance No. 1370

14 BY-LAWS FOR THE BOARD OF TRUSTEES OF THE APACHE JUNCTION PUBLIC LIBRARY ARTICLE I MEMBERSHIP 1. This public body shall be called The Board of Trustees of the Apache Junction Public Library, hereinafter referred to as the Board. It shall consist of seven (7) trustees, who shall be appointed by the mayor of Apache Junction, subject to the approval of the city council, to serve staggered three (3) year terms. 2. All trustees shall be residents of the City of Apache Junction. 3. An Ex officio trustee, without voting privileges, may be designated by the mayor, with the approval of the city council, for a term not to exceed one (1) year. ARTICLE II MEETINGS 1. The board shall establish a regular meeting day and time once a month for meetings related to regular business purposes. 2. Special meetings may be called by the Board president or upon request of a majority of trustees. Notice of special meetings shall be given to each member at least 24 hours before the meeting. 3. A quorum for all Board meetings shall consist of four (4)-voting members for the transaction of all business. The votes of individual members shall be recorded in the minutes. Robert s Rules of Order, as adopted by the city council, shall generally govern the parliamentary procedure of the Board, as determined by the City Attorney. 4. As circumstances permit, the order of business at each meeting shall be:

15 Call to Order Roll Call Acceptance of Agenda Acceptance of Minutes of Previous Meeting(s) Correspondence and Communications Librarian s Report Old Business New Business Requests for Future Agenda Items Call to Public Adjournment ARTICLE III TERMS OF OFFICE 1. Trustees are appointed by the mayor and approved by the city council for three (3) year terms commencing on the first day of November and ending on the 31st day of October three (3) years thereafter, or until their successors are duly appointed and qualified. Terms are staggered so no more than three (3) trustees terms shall conclude in any given year. Reappointment to the Board may be made at the discretion of the city council, with service of successive terms fully permitted. 2. Any member who moves out of the Apache Junction city limits shall be responsible for notifying the library director or library manager. Upon receipt of such notification, the position shall be declared vacant. Vacancies shall be filled by the city council for the unexpired term of the member affected. When any trustee fails to attend at least three (3) consecutive regular meetings of the Board without reasonable excuse, remaining Board trustees shall vote to retain or recommend to the city council that the trustee be relieved of the duties as an appointed member. ARTICLE IV OFFICERS Updated 10/18/10 2 of 5

16 1. At the first regular meeting after November 1 of each year, the Board shall elect a president, vice-president and secretary who shall serve one (1) year terms that begin at the first regular meeting of the next month after the election to office. Vacancies in office shall be filled by vote at the next regular meeting of the Board after the vacancy occurs, and successive terms are fully permitted. 2. The duties of the president shall be to preside at all meetings, insure the agenda is prepared, that items are handled expeditiously, call special meetings, appoint committees, sign all documents authorized by the Board, and generally perform all duties associated with that office. 3. The duties of the vice-president shall be to preside at all meetings in the event of the absence or disability of the President. 4. The Secretary shall be responsible for a record of the proceedings of the Board and the Annual financial report as indicated in Article VI(5)(d). ARTICLE V COMMITTEES Committees shall be appointed by the president for such specific purposes as the Board may require. Such committees serve until the completion of the work for which they were appointed and, depending on how they are created, may be subject to the provisions of the Arizona Open Meeting Law. The Board has the following responsibilities: ARTICLE VI RESPONSIBILITIES 1. Have charge of the library and all library property. 2. Upon request of the city manager, assist in the process of selecting the library director. Illustrative examples of assistance include offering the city manager perspective on the Library s strategic vision and the qualities and characteristics needed in a library director; Updated 10/18/10 3 of 5

17 participating in interviews of director candidates and offering the city manager perspective on those candidates. 3. Make, review and enforce all rules, regulations, and by-laws necessary for the administration and government of the library and all library property. 4. Solicit and/or review recommendations made by the library director. 5. On or before the first Monday of July of each year, make a report to the city council containing: a) A full statement of all property and money received, where derived and how used and expended. b) The number of books, journals and other publications on hand, the number added by gift, purchase or otherwise during the year, the number lost or missing and the number and kind of those loaned. c) Such other statistics, information and suggestions as may be of general interest. d) A financial report, showing all receipts and disbursements of money, which shall be signed by the secretary of the Board. ARTICLE VII AMENDMENTS 1. Amendments to these by-laws shall take effect after one business /discussion session and after passage at a regular business meeting by a quorum of the members and approved by the Mayor and City Council.. Any proposed amendment shall be mailed to the Board trustee at least five (5) days prior to the meeting date. Updated 10/18/10 4 of 5

18 Adopted this day of, Theresa Nesser, President, Secretary Updated 10/18/10 5 of 5

19 ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-7, LIBRARY BOARD, OFFICERS; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on October 14, 2010, the Apache Junction Library Board (the Board) recommended changes to the By-Laws for the Board of Trustees (the Bylaws ) which would not limit the terms of service by any board member serving in officer capacity; and WHEREAS, the Board also recommended clerical changes to the Bylaws relating to amendment consideration and procedures and other clerical qualifications so that the Bylaws reflect the Apache Junction City Code provisions; and WHEREAS, the Mayor and City Council wish to adopt the recommendations of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL A) That the following Apache Junction City Code provisions be amended to read as follows: OFFICERS (A) The officers of the board shall include a president, vicepresident and secretary who shall be elected by the members at the first meeting of the board following the 31st day of October each year. Such officers shall serve until the 31st day of October of the next succeeding year. (B) In the absence of the president, the vice-president shall preside at meetings. In the absence of the vice-president, the secretary shall serve in that capacity. SECTION II REPEALING CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO PAGE 1 OF 2

20 SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes adopted herein by reference 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 thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, ATTEST: JOHN S. INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO PAGE 2 OF 2

21 Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Community Development TITLE OF AGENDA ITEM: DISCUSSION ON FISCAL YEAR 2010 STATE SPECIAL PROJECT PROPOSED APPLICATION FOR PLAZA DRIVE IMPROVEMENTS PHASE TWO. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: On September 7, 2010, the city council selected to submit an application for funding to complete Plaza Drive improvements Phase Two. Additional discussion is necessary, before moving forward with an application. FISCAL IMPACT: Fiscal Expenditure Required Beyond Budget (explain) OPTIONS / ALTERNATIVES: RECOMMENDATION: Staff respectfully requests that the City Council revisit the proposed project of Phase Two Plaza Drive improvements for a Fiscal Year 2010 State Special Project application submittal. ATTACHMENTS: Click to download Staff Report

22 DATE: November 24, 2010 City of Apache Junction Development Services Department MEMORANDUM TO: THROUGH: FROM: SUBJECT: The Honorable Mayor and City Council George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Grants Specialist Heather Patel, Program Coordinator Fiscal Year 2010 State Special Project Programs Application REQUEST Staff respectfully requests that the City Council revisit the proposed project of Phase Two Plaza Drive Improvements for a Fiscal Year 2010 State Special Project application submittal. BACKGROUND The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing ( ADOH ) for State Special Project ( SSP ) funding for the Fiscal Year 2010 ( FY10 ). Therefore, the City anticipates submitting an application for the FY10 SSP funds which the City may request up to $300,000 for one project to be used over a two year period of time. These funds are a statewide competitive grant. The City may retain up to 18% of these funds for administrative costs. The application due date for the FY10 SSP application is anticipated to be this winter. On November 12, 2009 a public meeting was held to solicit input from the public on potential projects for the submission of an application. Technical assistance was provided to the community until November 29, 2009 to help formulate projects for consideration and to determine if potential projects met the requirements of the SSP and Community Development Block Grant program. Additionally, on November 12, 2009 The Leadership Team met to discuss potential projects for presentation to Council. On November 30, 2009 staff presented the proposed projects for Council s review and discussion. During the December 15, 2009 Council Meeting, a public hearing was held to gain input from the public and from the Council on potential projects for the submission of the FY 2010 SSP funding. At

23 that time the City Council recommended that an application for FY10 SSP be held until the summer of 2010 for further evaluation and discussion on a potential project. The projects proposed for funding included: 1) Downtown Redevelopment Project (Commercial Rehabilitation) = $300,000 2) Transitional Housing Project = $280,000 3) Housing Rehabilitation = $200,000 4) Rehabilitation of Safe House = $66,000 5) Sewer Connections = $200,000 At the time, Council had shown preference for the Downtown Redevelopment Project and the Transitional Housing Project. Since the December 2009 meeting further discussions on the proposed projects have occurred. As a reminder, all projects submitted under the Community Development Block Grant ( CDBG ) and SSP programs must meet a national objective and benefit a low income population. Previous to this year, the City held a citywide low income population of over 51% which enabled projects to provide a community wide benefit. Due to the City s population increase, based upon Department of Economic Security population estimates, the City is no longer eligible to utilize this low income percentage. Therefore all proposed projects must benefit either a limited clientele (i.e. seniors, children, disabled persons), a low income neighborhood, or be within a redevelopment area. Staff returned to Council on July 6, 2010 to advise the Council of the revised list of projects for consideration based upon additional research. 1) Downtown Redevelopment Project (Commercial Rehabilitation) = $300,000 2) Rehabilitation of Safe House = $66,000 3) Sewer Connections = $200,000 4) Downtown Redevelopment Project (Plaza Drive improvements) = $300,000 On September 7, 2010 during a public meeting, the Council selected to complete Phase Two of Plaza Drive improvements. As a reminder, the City submitted an application under the Fiscal Year 2010 Community Development Block Grant to complete Plaza Drive Phase One improvements, from Superstition Blvd. south approximately 660 (Virginia Road). Phase Two will bring the improvements further south. The project was put out for bid in November, with contractor selection due before the Council in January. DISCUSSION Since September, additional research has been completed on the proposed project. Staff met to discuss the proposed project scope and determine the cost estimates based upon the length of the improvements. Public Works has provided the following options with the improvements beginning at Virginia and heading south on Plaza Drive: 2

24 1) 610 linear feet to the driveway of Lost Dutchman (the Scenic Road alignment) = $488,827 2) 755 linear feet to the north edge of Saguaro Fitness = $605,024 3) 871 linear feet to the south edge of Saguaro Fitness = $697,981 4) 1,224 linear feet to the old Bashas Plaza = $980,859 The estimates include the following improvements: paving, sidewalks, curb & gutter, lighting, striping, and landscaping. Although the grant is for a maximum amount of $300,000, clearly, the City would be required to provide leverage funding in order to accomplish any of the proposed projects. Leverage, although not required, is graded competitively. Additional points are awarded to applications based upon the percentage of leverage provided to the project. The SSP application will require that 100% design plans be completed and submitted with the application. Therefore leverage may be in the form of cash to pay for the engineering (an estimated 10% of the project costs) and some construction. Engineering costs must be paid prior to submittal of the application thus any costs incurred before the application is submitted are not reimbursable. RECOMMENDATION Due to the tight fiscal situation facing all Arizona communities, staff respectfully requests that Council revisit the proposed project and respectfully requests that Council select one of the following options for submitting a FY10 SSP application. 1) Select one of the above options to submit an application and identify the leverage funding; 2) Select one of the above options to submit an application, reduce the scope of the project to reduce the overall cost and leverage contribution, and identify the leverage funding; and 3) Do not submit an application. ACTION REQUIRED The following actions are required: 1) Selection of project scope; 2) Identification of leverage funding; and 3) Council direction to staff to submit or not submit an application. 3

25 Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDING. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The city is eligible to request funding under the Community Development Block Grant program and the State Special Project program. The city is required to hold public meetings to discuss potential projects for application submittal. Staff is updating the council on the public participation process and potential projects for consideration. Staff is not seeking formal direction from council at this time. A public hearing will be held on January 4, 2011 during the city council meeting, at which time, the community may present projects and the council will be asked to select a project for each application submittal. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: Staff respectfully requests that the City Council review and discuss the proposed projects regarding the utilization of Fiscal Year 2011 Community Development Block Grant and State Special Project funds. ATTACHMENTS: Click to download Staff Report Proposed Projects

26 DATE: November 24, 2010 City of Apache Junction Development Services Department MEMORANDUM TO: THROUGH: FROM: SUBJECT: The Honorable Mayor and City Council George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager Heather Patel, Program Coordinator Fiscal Year 2011 Community Development Block Grant Program including State Special Project Funds Public Participation Update and Proposed Project Discussion REQUEST Staff respectfully requests that the City Council review and discuss the proposed projects regarding the utilization of: 1) Fiscal Year 2011 ( FY11 ) Community Development Block Grant Regional Account ( CDBG ) funding; and 2) Fiscal Year 2011 ( FY11 ) State Special Project ( SSP ) funding. Both Programs are Federal grant programs administered by the Arizona Department of Housing ( ADOH ). The CDBG funding is allocated to the community as long as a viable project is submitted, whereas the SSP funding is a statewide competitive application process. BACKGROUND Since 1974, the United States Department of Housing and Urban Development ( HUD ) has provided assistance to local communities through the CDBG and SSP Programs. These Programs were established to help communities address the following national objectives: 1) Meet the needs of low and moderate income citizens; 2) Prevent/eliminate slums and blight in a community; and/or 3) Address urgent needs to the health/welfare of a community.

27 A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization. Apache Junction has participated in the CDBG program since The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both the CDBG and SSP funding. The City of Apache Junction is anticipating receiving approximately $140,000 in CDBG funds to be used over a two year period of time (January 2012 December 2013). These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH. The City may retain up to 18% of these funds for administrative costs. This application is due June 1, In years past, the City partnered with the Town of Payson to receive double funding every other year. The City has chosen to end that partnership as of the FY11 due to expected changes in the CDBG program in the fiscal year The City of Apache Junction is anticipating submitting an application for the SSP funds which the City may request up to $300,000 to be used over a two year period of time. These funds are a statewide competitive grant. The City may retain up to 18% of these funds for administrative costs. The application due date has not yet been determined but is estimated to be winter Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials. In fact, to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects. Ultimately, the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community. To assist communities in meeting the requirements for public participation, ADOH has established a mandatory public participation process. Failure to meet the public participation requirements will result in the disqualification of the City from the programs and an inability to receive funds. DISCUSSION On October 19, 2010 a public meeting was held to solicit input from the public on potential projects for the submission of an application. Technical assistance is provided to the community until December 5, 2010 to help formulate a project for consideration and to determine if a potential project meets the requirements of the CDBG program. There were no citizens present during the meeting and no projects were proposed. Additionally, on October 28, 2010 The Leadership Team met to discuss potential projects for presentation to Council. Based upon the City s current low to moderate income status, the City must focus their CDBG and SSP efforts on projects that meet one of the following criteria: 1) Is within a designated and approved redevelopment area, e.g. Crossroads Redevelopment Area; 2) Assist persons within a limited clientele category, e.g. seniors, disabled, etc.; 3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation; and 4) Assist neighborhoods that are proven to be low income. 2

28 During the Leadership Team meeting, three projects were discussed that met the criteria of the CDBG program and that addressed objectives within the recently completed Downtown Revitalization and Implementation Strategy. 1) Complete improvements to North Apache Trail; 2) Install sidewalks along Old West Highway; and 3) Complete drainage improvements. City staff completed a review of the potential projects for eligibility, appropriateness, potential problems, and likelihood of success. After researching the proposed projects and consulting with ADOH for eligibility, the following projects were recommended by the Leadership Team: a) FY11 CDBG funding to install sidewalks along Old West Highway b) FY11 SSP funding to complete improvements to North Apache Trail RECOMMENDATION Staff respectfully requests that Council review and discuss the proposed projects. ACTION REQUIRED Staff is not seeking formal direction from Council at this time. A public hearing will be held on January 4, 2011 during the City Council meeting, at which time, the community may present projects and the Council will be asked to select a project for each application submittal. ATTACHMENTS Attachment One: Proposed Projects 3

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30 FY 2011 CDBG Project Old West Highway Sidewalk Improvements 1. Installation of approx. 580 l.f. of curb & gutter and sidewalk along Old West Highway just west of Idaho Road on the north side of the road. This location is in front of the old Circle K and medical plaza. Estimated cost = $78,103.30; and 2. Installation of approx. 145 l.f. of curb & gutter and sidewalk along Old West Highway between Quik Trip and CAC on the south side of the road. Estimated cost $21, Installation of approx l.f. of curb & gutter and sidewalk along Old West Highway just east of Idaho Road on the north side of the road. This location in across the street from CAC on the west side of Winchester. Estimated cost = $180, & 3.

31 FY 2011 State Special Project North Apache Trail Improvements Installation of approx. 8,779 s.f. of sidewalk, 229 l.f. of curb & gutter, and 26 lights along North Apache Trail between the Phelps Drive and Old West Hwy/Apache Trail interchange heading north toward Idaho Road. Estimated cost $304,729.

32 Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Revenue Development TITLE OF AGENDA ITEM: DISCUSSION ON RESOLUTION NO , AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR SAFE ROUTES TO SCHOOL GRANT FUNDS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: In July 2010, the City of Apache Junction was notified of a grant awarded under the Safe Routes to School Program Cycle 4. The program would provide enforcement and education services regarding walking and biking to school safety for Superstition Mountain Elementary School and Cactus Canyon Junior High. The Agreement and Resolution are needed to receive grant funds. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends that Council review and discuss an Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation and Resolution No , Authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to Schools Program Cycle 4. ATTACHMENTS: Click to download Staff Report Intergovernmental Agreement Resolution No

33 DATE: November 24, 2010 City of Apache Junction Development Services Department MEMORANDUM TO: THROUGH: FROM: SUBJECT: The Honorable Mayor and City Council George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Grants Specialist Heather Patel, Program Coordinator Arizona Safe Routes to School Program Cycle 4 Intergovernmental Agreement REQUEST Staff respectfully requests that the City Council review and discuss an Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation ( ADOT ) and Resolution No , Authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to Schools Program Cycle 4. BACKGROUND In 2008, the City of Apache Junction submitted and was awarded a grant under the Safe Routes to School Program Cycle 3. The program would provide enforcement and education services for Superstition Mountain Elementary School ( SMES ) and Desert Shadows Middle School now Cactus Canyon Junior High ( CCJH ). The program was a success, so a grant was submitted in 2009 for a second year to provide additional educational programs through the City s Parks and Recreation Department. The Intergovernmental Agreement and Resolution No authorizes the City to continue with this successful program at the schools. DISCUSSION In July 2010, the City was notified of its award in the amount of $34,175. Since that time, ADOT had been working to complete an intergovernmental agreement. On October 29, 2010 the City received the agreement. Given the delayed response from ADOT, the Safe Walk to School program was unable to begin in September as planned. ADOT requested that the City return the signed agreement and a resolution immediately, so the program could begin. Due to the agenda calendar, the City was able to

34 place the resolution on the agenda in December. ADOT authorized the City to return the signed agreement prior to having the resolution signed in order to expedite the process. After review from the City Attorney, staff provided the agreement for the Mayor s signature. The Mayor signed the agreement in November Staff is presenting the Intergovernmental Agreement and Resolution No for discussion on December 6, 2010 and will place them on the Council s agenda for a retroactive approval on the consent agenda for December 7, RECOMMENDATION Staff respectfully recommends that Council review and discuss an Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation ( ADOT ) and Resolution No , Authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to Schools Program Cycle 4. ACTION REQUIRED Council review and discussion. Attachment 1: Intergovernmental Agreement Attachment 2: Resolution No , Authorizing the City to Enter into an Intergovernmental Agreement 2

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41 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTE TO SCHOOLS GRANT. WHEREAS, the City of Apache Junction, Arizona ( City ), and the Arizona Department of Transportation ( ADOT ) desire to enter into an Intergovernmental Agreement ( IGA ) allowing City to accept and complete a Safe Route to Schools grant which includes providing educational events and activities at local elementary and middle schools and providing police enforcement; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS, pursuant to A.R.S (A) et seq., public entities may enter into intergovernmental agreements with other municipalities and government entities for joint or cooperative activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council approve the Safe Route to Schools Grant Intergovernmental Agreement and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Management staff is authorized to carry out the goals and objectives of the grant, to include fulfilling all administrative and programmatic requirements. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, 2010, and SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor RESOLUTION NO PAGE 1 OF 2

42 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO PAGE 2 OF 2

43 Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Budgeted Operational Item TITLE OF AGENDA ITEM: DISCUSSION ON PROJECT PW , CHIP SEAL EMULSIONS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Two bids were received in response to this solicitation. Presentation and discussion for possible approval and award of this bid to Cactus Transport, Inc. FISCAL IMPACT: Budgeted Expenditure OPTIONS / ALTERNATIVES: RECOMMENDATION: Discussion. ATTACHMENTS: Click to download Emulsions Memo Emulsions Agreement

44 Public Works Department City of Apache Junction Home of the Superstition Mountains November 19, 2010 To: Thru: From: Subject: Mayor and Members of City Council George Hoffman, City Manager David Fern, Public Works Director Shane Kiesow, Public Works Manager PW Chip Seal Emulsions Two bids were received and opened on Wednesday, November 10, 2010 at 2:00 p.m. in response to solicitation PW Chip Seal Emulsions. Below is a breakdown of those bids. Cactus Transport, Inc. Grady s Quality Excavating, Inc. $2.27 per gallon $2.63 per gallon Staff respectfully requests City Council consideration for approval and award of PW to Cactus Transport, Inc. in the amount of $2.27 per gallon of chip seal emulsions which will allow Public Works to complete the chip seal project in Spring E. Baseline Avenue, Apache Junction, AZ Voice (480) FAX (480) or (480)

45 CITY OF APACHE JUNCTION AGREEMENT FOR CHIP SEAL EMULSIONS PROJECT NO. PW THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and Cactus Transport, Inc., an Arizona corporation ("Contractor"), sometimes collectively referred to as the "Parties" or individually as a "Party". RECITALS WHEREAS, in response to City s Notice Inviting Bid Proposals dated October 21, 2010, and any addendums applicable thereto, Contractor submitted a proposal dated November 10, 2010, in which Contractor asserts its willingness, ability and qualifications to provide this material; and WHEREAS, City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Article 3-7; and WHEREAS, City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contactor shall render the services. AGREEMENT NOW, THEREFORE, City retains Contractor to provide materials, and Contractor agrees to provide the materials in accordance with the terms and conditions set forth below: 1. PROJECT DESCRIPTION: Contractor shall provide and deliver or cause to be provided and delivered in a good workmanlike manner, the materials in accordance with and as more fully described in the Notice Inviting Bid Proposals for Project No. PW , on file with the Public Works Department, which includes the following product description: ± 50,000 Gallons CRS-2P Applied 2. CONTRACT TIME/RENEWAL: The terms of this Agreement shall be from the date of written award by the City Council to June 30, The Agreement will be renewed automatically and continuously for successive periods of one (1) year, not to exceed five (5) years from the original execution of the original Agreement as long as City budgets for and appropriates funds for the successive renewal terms. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 1

46 3. PRICING: The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. Price adjustments will be considered provided said adjustment(s) are submitted with 15-calendar days advance written notice to the Public Works Director. Prices shall be in effect for the duration of the contract at the unit prices bid, with a price adjustment as follows: The term "bituminous material" as used herein shall include asphalt cement, liquid asphalt and emulsified asphalt. The term "Initial cost" of bituminous materials as used herein shall mean the cost as determined by the ADOT Price Adjustment for bituminous material for the month price adjustment is submitted. See: The Contract unit price for each item that contains bituminous material will be considered to include all costs of materials as required, including the "initial cost" of bituminous material. The initial cost of bituminous material will be based on the ADOT Monthly Index as follows: The adjustment in compensation, either increase or decrease, for bituminous material will be based on the dollar amount change in the ADOT Monthly Index from the month in which the contract was bid compared to the month in which the material is used, on a calendar month basis. This adjustment will apply only to the amount of bituminous material used in the bid item and not to the overall unit cost. The amount of bituminous material in each bid item will be as follows: MC s and liquid asphalt 100% Terminal blend asphalt rubber 93% Emulsions, Concentrate 60% Diluted 2:1 Diluted 1:1 Additionally, the adjustment for compensation for bituminous materials will be based on the tone of bituminous material prior to dilution. This adjustment will apply to bituminous material only. A sample of the formula is as follows: ($ amount change in ADOT index) x (% of bituminous material) + (amount bid) 4. PAYMENTS: Payment will be made by the City within thirty (30) calendar days after completion and acceptance of the material. Total amount of this Agreement shall not exceed $500, INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor s performance of the services retain Contractor s status as an independent Contractor. Contractor s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. 2

47 Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 6. WARRANTY: Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance and within fourteen calendar days of notice of defect in writing by the City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warranties, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority. Contractor understands that the activity described herein constitutes doing business in the City of Apache Junction and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code from the City Clerk s Office and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Any activity by Subcontractor within the corporate City limits, will invoke the same business tax regulations on any Subcontractors, and Contractor ensures its subcontractors will obtain any required business tax license. 9. INDEMNIFICATION: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor s Subcontractors or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 10. SUBCONTRACTORS: All Subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any Subcontractor, person or entity previously selected without the approval of City. 3

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49 11. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 12. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. Contractor s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor s acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to CITY under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City s right to insist on strict fulfillment of Contractor s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties. 5

50 REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. s Additional Insured Form CG , and shall include coverage for Contractor s operations and products and completed operations. If required by this Agreement, if Contactor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor s General Liability insurance. Workers Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor s employees engaged in the performance of the work or services; and Employer s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation and Employer s Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractors insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a claims made basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. 6

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52 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor. All Certificates of Insurance shall be identified with bid serial number and title. 13. QUANTITY All quantities stated in the Contract are subject to adjustment as dictated by the City requirements. Quantities at variance with stated bid quantities may be purchased as required during the term of the Agreement at the quoted prices. All quantities are approximate and are not to be considered as an indication of actual requirements. 14. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 15. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 16. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 17. LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 18. SAFETY: Contractor and/or its Subcontractors shall be solely responsible for job safety at all times. 19. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 20. LIQUIDATED DAMAGES: Should Contractor fail to deliver the supplies and/or perform the services within the time specified in this contract, or any extension thereof, the actual damages to City for the 8

53 delay will be difficult to determine. Therefore, in lieu of actual damages, Contractor shall 9

54 pay to City as fixed, agreed, and liquidated damages for each calendar day of delay, the amount of $100 per day. Contractor shall not be charged with liquidated damages when the delay arises out of cause beyond the control and without the fault of negligence of Contractor. The City shall determine what is beyond the control of Contractor and his supplier. 21. TERMINATION: Either Party may terminate this Agreement with or without cause as long as ninety (90) calendar day advance written notice is communicated to the other Party. 22. RECORDS: Records of Contractor s material, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 23. SEVERABILITY: If any part, term or provisions of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. 24. CONFLICT OF INTEREST: The provisions of A.R.S relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 25. COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986, the Drug Free Workplace Act of 1989, the Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws and all other applicable federal, state and local laws. The Contractor must also comply with A.R.S , Employment of Aliens on Public Works Prohibited, and A.R.S , as amended, Residence Requirements for Employees. Under the provisions of A.R.S , Contractor hereby warrants to the City that the Contractor and each of its subcontractors ( Subcontractors ) will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S (A) (hereinafter "Contractor Immigration Warranty"). A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractor s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to 10

55 ensure compliance with Contractor s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. 11

56 Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S , Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 26. COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures SAVE cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. 27. AMENDMENTS: The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of, an Arizona corporation By: Printed: Title: CITY OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO 12

57 Title: MAYOR 13

58 ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 14

59 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal), as Principal, and, a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee), in the amount of Dollars ($ ), for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of, 2010 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's SUB-CONTRACTORS in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of, PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY: 15

60 CITY OF APACHE JUNCTION PROJECT NO. PW CERTIFICATE OF INSURANCE The insurance policies have been issued on behalf of: certifies that the following NAME OF INSURED: OF INSURED: Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability $100,000 Each Accident; $100,000 Each Disease, $500,000 Disease Policy Limit 1. Workman's Compensation 2. Commercial General Liability Contractual Bodily Injury & Property Damage Professional Liability Automobile Bodily Injury & Property Damage ADDRESS $1,000,000 Each Occurrence; $2,000,000 Products /Completed Operations Aggregate; $2,000,000 General Aggregate Limit $1,000,000 Each Occurrence $1,000,000 Each Claim $1,000,000 Each Occurrence It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the CITY. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the CITY of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the CITY, its Mayor, Council, appointees, officers, employees and agents, are additional insured parties. Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this day of,2010 by as Insurer. Notary Public My Commission Expires: 16

61 Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: December 6, 2010 Agenda Type : Council Priority Focus Area: Work Session Agenda Revenue Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO , THE CITY'S FISCAL YEAR (FY) 2011 LOCAL TRANSPORTATION ASSISTANCE FUND (LTAF) II GRANT APPLICATION. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests that the city council review and discuss the staff's recommendation for the utilization of the city's FY 2011 Local Transportation Assistance Fund (LTAF) II allocation. Staff has recommended that the funds be directed to the Apache Junction Active Adult Center (dba East Valley Adult Resources) for support of its transportation program. The LTAF II funds, and required cash match, would provide approximately 4,621 one way trips to medical appointments, shopping trips, and Center activities. If the council concurs with the staff's recommendation, staff will respectfully request that the council adopt Resolution No during the December 7, 2010 city council meeting. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends that the City Council concur with the recommendation to fund the transportation program at the Apache Junction Active Adult Center. ATTACHMENTS: Click to download Staff Report Resolution Number10-42 Distribution of LTAF II Funds Since 2001 Apache Junction Active Adult Center's Transportation Program

62 DATE: November 23, 2010 City of Apache Junction Development Services Department MEMORANDUM TO: THROUGH: FROM: The Honorable Mayor and City Council George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager SUBJECT: Local Transportation Assistance Fund II Application for Fiscal Year 2011 REQUEST Staff respectfully requests that the City Council review and discuss the staff s recommendation for the utilization of the City s Fiscal Year 2011 Local Transportation Assistance Fund (hereinafter LTAF ) II allocation. If the Council concurs with the recommendation, staff respectfully requests that the Council adopt Resolution Number during the December 7, 2010 City Council meeting. The resolution, a mandated component of the application, authorizes the submission of the grant application. See Attachment 1. Staff recommends that the funds be directed to the Apache Junction Active Adult Center (D.B.A. East Valley Adult Resources) for support of its transportation program. The Leadership Team concurred with this recommendation. In FY 2011, Apache Junction will receive $30, A cash match of 25% ($7,600.42) is required to receive the funding. Applications are due to the Central Arizona Association of Governments ("CAAG") by December 10, The funds, if received, would be matched by the Center and would help to fund the Center s transportation program until June 30, The LTAF II funds, and match, would enable the Center to provide approximately 4,621 one way trips to medical appointments, shopping trips, and Center activities. BACKGROUND Funded by the Arizona State Vehicle License Tax and the Arizona State Lottery Powerball, the LTAF II Program makes grants to cities for transit services/vehicles/support facilities that:

63 Convey multiple passengers(usually 5 or more); and Serve the general public, elderly persons, persons with disabilities, and/or low-income persons engaged in employment activities. Funds can be used for planning, capital, operation, or staff expenses. The City must provide a 25% cash match for the amount received. Municipalities can use the funds themselves, direct funds to another governmental entity, or give the funds to a sub-recipient non profit organization. When funds are directed to another entity, the recipient of the LTAF II funds becomes responsible for providing the 25% cash match. See Attachment 2 for an analysis of how Apache Junction has invested its LTAF II allotments since As in previous years, the City s Leadership Team was directed by the City Manager to review possible uses of the FY 2011 LTAF II funds and then formulate a recommendation for the Council s consideration. On November 17, 2010, the City s Leadership Team concurred with the staff s recommendation that the City Council provide continued operational/maintenance support to the transportation program at the Apache Junction Active Adult Center (DBA East Valley Adult Resources, Incorporated). See Attachment 3 for information regarding the Center s transportation program and its financial needs; the information was provided by Mr. Daniel Taylor the Executive Director of East Valley Adult Resources, Incorporated. If Council selects the Senior Center Transportation Program, the LTAF II funds and cash match will be used to provide 4,621 one way trips to the Center, local stores, and medical offices. DISCUSSION The rationale for the recommendation is as follows: 1. The recommendation is consistent with previous City Council decisions. 2. Over the years, funding this transportation program has proven to be an efficient investment of the LTAF II funds. In FY , LTAF II funds enabled the Center to provide transportation services at the cost of $9.72/one way trip. In comparison, East Valley Dial-A-Ride was charging $34/one way trip. 3. Given a short turnaround time on the grant application, this recommendation will enable the staff to meet the City Council and Arizona Department of Transportation deadlines. Page 2 of 3

64 RECOMMENDATION Staff respectfully recommends that the City Council: 1) concur with the funding of the transportation program at the Apache Junction Active Adult Center; 2) direct staff to begin the preparation of the FY 2011 LTAF II grant application; and 3) adoption Resolution Number during its December 7, 2010 meeting. ACTION REQUIRED Selection of project(s) and direction to staff. Attachment 1: Resolution Number Attachment 2: Distribution of LTAF II Funds Since Fiscal Year 2001 Attachment 3: Information Regarding the Apache Junction Active Adult Center Transportation Program Page 3 of 3

65 RESOLUTION NO PAGE 1 OF 2 Attachment 1 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN ITS FISCAL YEAR 2011 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM. WHEREAS, the City of Apache Junction is desirous of meeting the transportation needs of its citizens; and WHEREAS, East Valley Senior Adult Resources, Inc., which manages the Apache Junction Active Adult Center, has requested assistance from the City in meeting the transportation needs of senior citizens residing within the City limits; and WHEREAS, pursuant to Arizona Revised Statutes Section , et seq., the Arizona Department of Transportation is administering the Local Transportation Assistance Fund (hereinafter LTAF ) II Program; and WHEREAS, the activities within this grant address identified community needs; and WHEREAS, a grantee of LTAF II funds is required to comply with the program guidelines and federal statutes and regulations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The Mayor and City Council of the City of Apache Junction authorize application to be made to the State of Arizona, Department of Transportation for Fiscal Year 2011 LTAF II funds. 2) The City Manager or his designee is authorized to sign an application for receipt and use of these funds in an amount not to exceed $30, for East Valley Adult Resources, Inc. for its transportation program for the Apache Junction Active Adult Center. 3) The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said grant. 4) The application for State LTAF II funds meets the program requirements for the transportation of senior citizens,

66 persons with disabilities and/or the general public. 5) The City of Apache Junction shall comply with all LTAF II guidelines, federal statutes and regulations applicable to the LTAF II Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO PAGE 2 OF 2

67 Attachment 2 Distribution of LTAF II Funds Fiscal Year 2001 to Fiscal Year 2010 FY Recipient Project Amount FY 2001 Apache Junction Senior Center Transportation Program $ 15,000 FY 2002 Apache Junction Senior Center Transportation Program $ 30,694 FY 2004 Apache Junction Senior Center Transportation Program $ 40,289 FY 2004 Apache Junction Parks and Rec. Purchase of van $ 22,400 FY 2004 Apache Junction Senior Center Transportation Program $ 21,765 FY 2005 Apache Junction Senior Center Transportation Program $ 40,289 FY 2005 Apache Junction Senior Center Coupons for Cabs $ 42,200 FY 2006 Apache Junction Senior Center Transportation Program $ 30,640 FY 2007 Apache Junction Senior Center Transportation Program $ 53,182 FY 2007 Apache Junction Senior Center Purchase of van $ 47,400 FY 2008 Apache Junction Senior Center Transportation Program $ 57,162 FY 2009 Apache Junction Active Adult Center Transportation Program $ 67,568 FY 2010 Apache Junction Active Adult Center Transportation Program $ 52,619

68 Attachment 3 Apache Junction Active Adult Center Transportation Service November 2010 Program Description The word independence can mean many things to people. To many Apache Junction residents it means the ability to leave their home attend the Active Adult Center, go to a medical appointment or the vital task of grocery shopping. The City of Apache Junction through the LTAF II allocations has made it possible for hundreds of older adults remain independent through vans traversing the City. The transportation system has five vehicles on the road daily to provide transportation and home delivered meals. The development and implementation of this system shows what can happen when a nonprofit and a City truly care about its residents especially those in their later years who can no longer operate a vehicle. The support by the City of Apache Junction (LTAF II) over the last nine years has been invaluable. It has provided operational support, purchase of vehicles and even a 25% match for a 5310 (State of Arizona subsidy program) vehicle. The organization is very grateful to be considered for this final LTAF II allocation. Over the last 14 years, the Active Adult Center in Apache Junction has grown to become a focal point for aging services. East Valley Adult Resources values the generations by providing opportunities to connect, contributed and care for each other. A continuum of services is provided from those who are very active to those who need support to remain independent. Transportation is a key component in allowing people to continue to have control over their lives. Transportation provides older and disabled adults independence to attend the active adult center for lunch, health education, exercise, etc.; assistance to doctor appointments; and to purchase nutritional and other needed products from local retailers. As this program has grown there has been need to seek other resources to meet the increasing demand. Recently a new state grant (5317) was received to enhance transportation to veterans especially in the area of medical transportation. With additional vehicles being utilized on a daily basis, our operational costs (insurance premiums, fuel costs and repair work) grew by over $5,000 last year. The elimination of 1