City of Apache Junction, Arizona

City Council Work Session

City of Apache Junction, Arizona

Agenda

Meeting location:

City Council Chambers

at City Hall

300 E Superstition Blvd

Apache Junction, AZ

85119

www.ajcity.net

Ph: (480) 982-8002

City Council Chambers7:00 PMMonday, March 2, 2015

A. CALL TO ORDER

B. ROLL CALL

C. AGENDA ITEMS

Update and discussion on the City of Apache Junction Boards

and Commissions application and processes.

1. 15-8

Presentation and discussion on proposed Resolution No. 15-07,

allowing the City of Apache Junction Police Department to submit

grant applications to the Governor's Office of Highway Safety.

2. 14-695

Presentation and discussion on the purchase and sale

agreement related to the property located at 1633 East 2nd

Avenue, Apache Junction. This would be the first step in the

process of converting the property into a retaining area to

mitigate various drainage issues.

3. 15-5

Discussion of dates for interview of city manager position finalists.

Council may wish to hold special executive sessions during the

two extra weeks between March and April meetings to conduct

interviews for city manager position finalists.

4. 14-691

Presentation and discussion on the Classification and

Compensation Study by staff and a representative of Public

Sector Personnel Consultants. Staff will also discuss plans for

the implementation of the new classification and compensation

plan.

5. 14-696

D. ADJOURNMENT

Copies of this agenda and additional information regarding any of the items listed above may be

obtained Monday through Thursdays, 7:00a – 6:00p, excluding holidays, from the City Clerk’s office

located at:

300 East Superstition Boulevard, Apache Junction, AZ

The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and

facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617

or TDD (480) 983-0095.

City of Apache Junction, Arizona Printed on 2/26/2015

March 2, 2015City Council Work Session Agenda

City of Apache Junction, Arizona Printed on 2/26/2015

Agenda Item Cover Sheet

City of Apache Junction, Arizona 300 E Superstition

Boulevard

Apache Junction, AZ 85119

File ID: 15-8

Agenda Item No. 1.

Agenda Date: 3/2/2015 Sponsor: Anna McCray

In Control: City Council Work SessionIndex:

Update and discussion on the City of Apache Junction Boards and Commissions application

and processes.

Attachments:

Page 1 City of Apache Junction, Arizona Printed on 2/26/2015

DATE: March 2, 2015 TO: Honorable Mayor and City Councilmembers FROM: Anna McCray, Management Assistant THROUGH: Bryant Powell, Assistant City Manager SUBJECT: City of Apache Junction Boards and Commissions At the February 2nd City Council Work Session and the February 17th City Council Meeting city council discussed the structure of the city’s boards and commissions and the current application being utilized for potential candidates. To continue the discussion, below is additional information relating to the city’s comparable organizations’ board, commission and committee applications and policies. Board, Commission and Committee Application Findings show the city’s application currently used for boards and commissions is largely consistent with its comparable organizations. The following questions are the exceptions found on some, but not all, organizations’ applications. These questions are simply provided as information for council to discuss if they wish to do so.

Are you a graduate of the Citizen Leadership Institute? Are you applying on the request of a councilmember? Are you a registered voter with the city (county)? Are you a relative of a city councilmember or staff? Are you associated with a nonprofit group that seeks funding from the city?

A councilmember has made a suggestion that the question of “Do you currently serve on any other city boards or commissions” be added to the city’s application. Council discussion: Is this question or other questions something council wishes to discuss at this time? Council will need to agendize a Direction to Staff at a subsequent council meeting in order to add question(s) or other information to the city’s application.

Boards and Commissions March 2, 2015 Page Three

Board, Commission and Committee Policies In addition to the application criteria being used, staff researched five comparable organization’s (Mesa, Queen Creek, Goodyear, Maricopa, and Marana) policies on the following subjects. These policies are simply provided as information for council to discuss if they wish to do so.

Term Limits Mesa and Goodyear set a limit of two terms. Marana, Maricopa and Queen Creek do not set term limits.

Multiple Board/Commission Appointments at Same Time Mesa allows a person to serve on multiple boards and commissions. Goodyear allows a person to serve on multiple boards, however only one voting position can be held at any

given time. Maricopa, Marana and Queen Creek do not allow a person to serve on more than one board or commission

at a time. Residency Requirements Queen Creek allows two non-residents per board, commission, or committee to serve. All others allow non-residents to serve on a limited number of specific boards, commissions, and

committees subject to a waiver by council. Applicant Process to Appointment Workflow In Maricopa, applications are reviewed by the council and they each nominate one person. The term of the

committee member is coterminous to the member of council who nominated them. In Goodyear, the Boards and Commissions Subcommittee review applications and they or city council

conduct interviews during an open meeting. In Marana, the city council reviews applications and then conducts interviews either in executive session or

at an open meeting. In Mesa, the mayor or the chief of staff reviews applications and conducts interviews before providing a

recommendation to the city council. In Queen Creek, the mayor, committee chair or department director reviews applications and conducts

interviews prior to making a recommendation to city council. Retention of Applications Mesa, Queen Creek, Goodyear, and Maricopa retain applications for 12 months.

Councilmember Ability to Serve Goodyear and Maricopa do not allow council to serve on boards. Each committee in the City of Maricopa

has a councilmember liaison but they are not a voting member. Mesa has two boards that require that councilmembers are board members. Queen Creek allow two councilmembers serve as nonvoting members. Staff Ability to Serve Mesa allows city staff to serve as long as they are residents of the city. Queen Creek, Goodyear, Maricopa and Marana do not allow city staff to serve. Goodyear does not allow family members of staff to serve.

Boards and Commissions March 2, 2015 Page Three

Absenteeism Policy Mesa, Goodyear and Maricopa deem three unexcused absences as a vacancy. In Queen Creek, member absences in excess of 25% may be subject to removal. Meeting Minutes to City Council Mesa, Queen Creek, Goodyear and Maricopa require all board, commission and committee meeting minutes

be distributed to city council.

Council discussion: Does council wish to discuss any change in policy at this time? Council will need to agendize a Direction to Staff at a subsequent council meeting in order to effectuate a change in policy. A change in policy may require a city ordinance to modify the Apache Junction City Code, if applicable. Comparable Organizations’ Boards, Commissions and Committees Attached is a chart containing the comparable organizations’ boards, commissions and committees. Please let me know if you have any questions.

Boards, Commissions and Committees of Comparable Organizations

Board/Commission Apache Junction Mesa Queen Creek Goodyear Maricopa MaranaBoard of Adjustment X X X X X XBuilding Code Board of Appeals X X X X X X

Industrial Development Authority X X X X X

Discussion and consideration in

progressLibrary Advisory Board - Citizens Advisory Group X X X X X* XMunicipal Property/Development Corporation X X X X X XParks and Recreation X X X X X* XPlanning and Zoning X X X X X XPublic Safety Personnel Retirement System Board X X X X X XHealth and Human Services or Non-Profit Funding Evaluation X X X** X X**Sewer/Utilities Board X X

Age Friendly X

Arts, Community & Cultural Development X X*Budget, Audit, Finance & Enterprise Public Safety X X XCitizens' Forum X XDevelopment Advisory Forum XDesign Review Board XDowntown Vision Committee X X

Economic Development Advisory Board X XEmployee Benefits Advisory Board X X*Government Affairs X

* combined board, commission or committee** assumed by Budget Committee

Boards, Commissions and Committees of Comparable Organizations

Board/Commission Apache Junction Mesa Queen Creek Goodyear Maricopa MaranaHistoric Preservation Board - Heritage District X X XHousing & Community Development Advisory Board XHuman Relations Advisory Board XIndependent Commisison on Compensation for Elected Officials XJudicial Advisory Council XMarketing & Communications Council Subcommittee XMerit System Board X XMuseum and Cultural Board XPersonnel Appeals Board X X* XRedistricting Commission XSustainability & Transportation XTransportation Advisory X X XTrusts Fund Board XYouth Council X X X

Vision - General Plan Steering Committee X XWater Planning Committee X

* combined board, commission or committee** assumed by Budget Committee



Boulevard


File ID: 14-695

Agenda Item No. 2.

Agenda Date: 3/2/2015 Sponsor: Thomas Kelly

In Control: City Council Work SessionIndex: Public Safety

Presentation and discussion on proposed Resolution No. 15-07, allowing the City of Apache

Junction Police Department to submit grant applications to the Governor's Office of Highway

Safety.

Attachments:


RESOLUTION NO. 15-07 PAGE 1 OF 2

RESOLUTION NO.15-07

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA’S 2016 HIGHWAY SAFETY PLAN.

WHEREAS, the Governor’s Office of Highway Safety is seeking

proposals from state and local agencies for projects relating to all aspects of highway safety; and

WHEREAS, the City of Apache Junction, through the Apache Junction Police Department, is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows: SECTION 1: Staff is authorized to submit projects for consideration in Arizona’s 2016 Highway Safety Plan.

SECTION 2: The Mayor or the Chief of Police, or their designee, is appointed agent for the City of Apache Junction, to conduct all negotiations and to execute and submit all documents and any other necessary or desirable instruments in connection with such grant.

RESOLUTION NO. 15-07 PAGE 2 OF 2

PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS ____ DAY OF __________ 2015. SIGNED AND ATTESTED TO THIS ____ DAY OF __________ 2015.

__________________________________ JOHN S. INSALACO Mayor ATTEST:

_____________________________ KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM:

_____________________________ RICHARD J. STERN City Attorney



Boulevard


File ID: 15-5

Agenda Item No. 3.

Agenda Date: 3/2/2015 Sponsor: Matt Busby, Joel Stern and Emile Schmid


Presentation and discussion on the purchase and sale agreement related to the property

located at 1633 East 2nd Avenue, Apache Junction. This would be the first step in the

process of converting the property into a retaining area to mitigate various drainage issues.

This purchase is due to the recent history of significant drainage issues in the vicinity of

Tomahawk Road and 2nd Avenue and was initiated by city staff.

Attachments:


DRAFT

1/22/14 PURCHASE AND SALE AGREEMENT

This Purchase and Sale Agreement (the “Agreement”) is made effective as of the ____

day of __________________, 20___, by and between Donna R. O’Malley and Caris James

O’Malley, (“Seller”), and City of Apache Junction, an Arizona municipal corporation (“Buyer”),

collectively referred to as the “Parties” or individually as a “Party”.

RECITALS

A. Seller is the owner of that certain parcel of real property situated in the County of

Pinal, State of Arizona, legally described on Exhibit “A” attached hereto (the “Property”) and

also commonly known as 1633 East 2nd Avenue, Apache Junction, AZ, 85119.

B. Seller is willing to sell to Buyer, and Buyer is willing to purchase from Seller, the

Property, pursuant to the terms, provisions and conditions contained herein.

AGREEMENT

NOW THEREFORE, in consideration of the foregoing, and of the terms, conditions and

covenants contained herein, and for other good and valuable consideration, the receipt and

sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Agreement of Purchase and Sale. At the consummation of the transaction

contemplated by this Agreement (the “Closing”), subject to the terms, covenants and conditions

of this Agreement, Seller shall sell to Buyer, and Buyer shall purchase from Seller, the real

property located in Pinal County, Arizona, described on Exhibit “A” attached hereto (the “Real

Property”), together with: (i) all rights, privileges, easements and appurtenances thereto, if any,

whether or not recorded, including, without limitation, all development rights, air rights, water

and water rights, if any, used in connection with the Real Property; (ii) all of Seller’s interest in

all oil, gas and other minerals, if any, in and under or that may be produced from the Real

Property; (iii) all ditch and ditch rights, reservoirs and reservoir rights, well and well rights,

irrigation grandfathered water rights and Central Arizona Project water rights appurtenant to or

used in connection with the Real Property and all wells, pumps, well equipment, irrigation

equipment, pivots, sumps and other pumps, situated on or used in connection with the Real

Property, if any; (iv) all of Seller’s lease rights and rights in management or other contracts

affecting or relating to the Real Property; and (v) all engineering and surveying reports, plans,

surveys, drawings, specifications, development and marketing information and materials and

other information relating to the Real Property in Seller's possession or control, if any

(collectively, the “Property”).

2. Purchase Price. The purchase price (the “Purchase Price”) for the Property shall be

$40,000 dollars and no/100 ($40,000.00). The Purchase Price shall be payable by cash or by

wire transfer of immediately available funds at the Closing.

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3. Escrow and Closing Related Matters.

(a) Escrow Instructions. The standard form escrow instructions of Escrow

Agent attached hereto as Exhibit “B”, together with any provisions of this Agreement applicable

to Escrow Agent, together shall constitute the escrow instructions between Seller, Buyer and

Escrow Agent. In the event of any conflict or inconsistency between the provisions of the

standard form escrow instructions and this Agreement or any deed, instrument or document

executed or delivered in connection with the transaction contemplated hereby, the provisions of

this Agreement, or such deed, instrument or document, shall control.

(b) Opening and Closing. For purposes of this Agreement, the opening of

escrow (the “Opening of Escrow”) shall be deemed to be the date on which three (3) copies of

this Agreement, executed on behalf of Buyer and Seller, are delivered to and accepted by Escrow

Agent. The Closing shall occur on or before March 31, 2015. The Closing shall take place at

10:00 a.m. in the office of Escrow Agent, or at such other time or date and location as the parties

may mutually agree.

(c) Action at the Closing by Seller. At the Closing, Seller shall deliver or

cause to be delivered to Escrow Agent for the account of Buyer (if not otherwise delivered prior

thereto) all of the following instruments dated as of the Closing, fully executed and, if

appropriate, acknowledged:

(i) a fully executed and acknowledged Special Warranty Deed to the

Property in the form attached hereto as Exhibit “C” and made a part hereto conveying the

Property to Buyer, as grantee, subject only to the Permitted Title Exceptions (as defined in

Paragraph 4(a)(iv) below);

(ii) an Affidavit of Property Value pertaining to the Property;

(iii) a Non-Foreign Person Affidavit; and

(iv) such other funds, instruments or documents as are reasonably

necessary to fulfill the covenants and obligations to be performed by Seller pursuant to this

Agreement.

(d) Action at the Closing by Buyer. At the Closing, Buyer shall deliver or

cause to be delivered to Escrow Agent for the account of Seller (if not otherwise delivered prior

thereto) all of the following, and with respect to any instruments or documents referred to below,

with all such items being dated as of the Closing, fully executed by Buyer and, if appropriate,

acknowledged:

(i) all funds referred to in Paragraph 2 above necessary to pay the

Purchase Price;

(ii) an Affidavit of Property Value pertaining to the Property; and

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(iii) such other funds, instruments, or documents as are reasonably

necessary to fulfill the covenants and obligations to be performed by Buyer pursuant to this

Agreement.

(e) Closing Costs. The escrow fee payable to Escrow Agent in respect of the

conveyance and transfer of the Property to Buyer shall be paid by the Buyer. All other fees,

recording costs, charges or expenses incidental to the sale, transfer and assignment of the

Property to Buyer shall, except as otherwise herein expressly provided, be paid by the Buyer.

(f) Payment of Taxes and Assessments. Property taxes, based upon the

latest available tax bill from the Pinal County Treasurer, shall be assumed and paid by Buyer.

According to the Pinal County Treasurer the taxes due are Two Thousand Three Hundred Eighty

Six dollars and seven cents ($2,386.07). All general and special assessments and improvement

district liens shall be charged to and paid by Buyer as of the Closing.

(g) Insurance Policy. At the Closing, and as a condition to close escrow,

Buyer shall cause Escrow Agent to deliver an extended coverage owner’s policy of title

insurance issued by Escrow Agent or its principal, or the unconditional commitment of the title

insurer (“Title Insurer”) to issue such policy, insuring title to the Property in Buyer in the amount

of the Purchase Price; the policy will be subject to the usual printed exclusions, exceptions,

conditions and stipulations set forth in the printed form policy, the Permitted Title Exceptions,

and such other matters approved in writing by Buyer or resulting from Buyer’s actions. Buyer

shall pay the premium associated with a standard coverage policy and any endorsements issued

to cure any title objections that Buyer has elected to cure.

4. Feasibility; Contingencies. Buyer, and/or such person or entity as may be

designated by Buyer, shall have the right, at any time prior to the Closing, or until this

Agreement otherwise terminates, to examine and inspect the Property in accordance with the

terms hereof. The obligation of Buyer to purchase the Property from Seller is contingent upon

the satisfaction of each of the following conditions (each a “Contingency” and, collectively, the

“Contingencies”) within the time periods provided.

(a) Title and Survey Review.

(i) Survey. Promptly following the Opening of Escrow, Buyer shall

provide Seller and Escrow Agent with a current ALTA/ACSM survey of the Property (the

“Survey”) prepared by an Arizona licensed surveyor or engineer containing a metes and bounds

legal description of the Property and certified to Buyer, Seller and Escrow Agent. Buyer shall

obtain the Survey and certification at Buyer’s sole cost and expense. If Buyer, in its sole and

absolute discretion, fails to approve or disapprove the Survey by giving written notice of the

satisfaction of this Contingency to Seller and Escrow Agent on or before 5:00 p.m., Phoenix

time, on the date that is thirty (30) days following the Opening of Escrow (the “Feasibility

Expiration Date”), then (i) this Contingency shall be deemed automatically and without further

act not to have been satisfied; (ii) this Agreement shall be deemed terminated; and (iii) neither

party shall have any rights as against the other (except for those obligations of insurance and

indemnity that are expressly stated to survive the termination of this Agreement).

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(ii) Original Report. Promptly following the Opening of Escrow,

Buyer shall cause Escrow Agent to provide Buyer and Seller with a current preliminary title

report of the Property (the “Title Report”), together with legible copies of all instruments of

record referred to on Schedule B thereof. If Buyer, in its sole and absolute discretion, fails to

approve or disapprove the Title Report by giving written notice of the satisfaction of this

Contingency to Seller and Escrow Agent on or before the Feasibility Expiration Date, then: (i)

this Contingency shall be deemed automatically and without further act not to have been

satisfied; (ii) this Agreement shall be deemed terminated; and (iii) neither party shall have any

rights as against the other (except for those obligations of insurance and indemnity that are

expressly stated to survive the termination of this Agreement).

(iii) Amended Reports. If Escrow Agent subsequently issues any

amendment to the Title Report (an “Amended Report”) disclosing any additional title matters or

modifications to the previously disclosed title matters, then Buyer shall be entitled to object to

any such matter disclosed on the Amended Report by delivering written notice of such objection

to Seller and Escrow Agent on or before ten (10) business days after Escrow Agent has delivered

to Buyer the Amended Report together with copies of all recorded documents disclosed for the

first time in the Amended Report (the “Amendment Objection Date”). If Buyer, in its sole and

absolute discretion, fails to approve or disapprove the Amended Report by giving written notice

of the satisfaction of this Contingency to Seller and Escrow Agent on or before the Amendment

Objection Date, then (i) this Contingency shall be deemed automatically and without further act

not to have been satisfied; (ii) this Agreement shall be deemed terminated; and (iii) neither party

shall have any rights as against the other (except for those obligations of insurance and

indemnity that are expressly stated to survive the termination of this Agreement).

(iv) Buyer’s Objection; Seller’s Cure. If Buyer timely delivers a

notice specifying in reasonable detail its objection to any matter(s) contained in the Survey, the

Title Report or any Amended Report, Seller may, but shall not be obligated to, attempt to cure

the matter(s) objected to by Buyer. If Seller elects to attempt to cure Buyer’s objections, Seller

shall notify Buyer of such election within ten (10) days following Seller’s receipt of Buyer’s

objection. If Seller fails to so notify Buyer within such ten (10) day period, Seller shall be

deemed to have elected not to attempt to cure Buyer’s objections. If Seller notifies Buyer and

Escrow Agent of its unwillingness, or inability, to cure such objections or fails to elect to cure

such objections, then Buyer shall, within five (5) business days following receipt of such notice,

or within five (5) business days after Seller’s deemed election not to cure, as applicable, elect to

either (i) waive the matters previously objected to by delivering written notice to Seller and

Escrow Agent and thereafter close the transaction contemplated hereby in accordance with the

terms hereof, taking title subject to all such matters waived by Buyer, or (ii) terminate this

Agreement as provided in Paragraph 5(c) below. If Seller attempts to cure the matters objected

to by Buyer, but Seller is unable to cure such matters to Buyer’s reasonable satisfaction prior to

the date that is ten (10) days prior to the Closing, Buyer may then elect to either (i) waive the

matters previously objected to by delivering written notice to Seller and Escrow Agent and

thereafter close the transaction, taking title subject to all matters waived by Buyer, or (ii)

terminate this Agreement and the escrow by written notice to Seller and Escrow Agent delivered

by 5:00 p.m., Phoenix time, on the date that is one (1) business day prior to the Closing,

whereupon this Agreement shall terminate, and thereafter (unless otherwise provided in this

Agreement) neither party shall have any further obligations or liabilities under this Agreement.

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Notwithstanding the foregoing, Seller shall be obligated to convey title to the Property free and

clear of all monetary liens and encumbrances, and Escrow Agent shall be authorized to utilize all

or any portion of the sales proceeds payable to Seller to satisfy any such monetary liens or

encumbrances. Additionally, Seller shall, at or before the Closing, cause to be removed any

other title matters objected to by Buyer which were caused or created by Seller (through its acts

or omissions) following the Opening of Escrow. All matters affecting title to the Property

disclosed on the Title Report and approved by Buyer, or disclosed on any Amended Report and

approved by Buyer (as defined in Paragraph 29 below), shall collectively be referred to as the

“Permitted Title Exceptions.”

(b) Feasibility. At any time until the Closing or until this Agreement

otherwise terminates, Seller grants to Buyer, its designees and their respective engineers,

consultants and agents, a non-exclusive license to go upon the Property for the purpose of

making appropriate inspections and conducting, at Buyer’s sole cost and expense, appropriate

feasibility studies with respect to the Property. Such inspections, soils and asbestos tests and

feasibility studies shall be performed so as not to cause any disruption of Seller’s work, if any,

on the Property. If Buyer conducts any test or inspections of or on the Property, then upon

termination of this Agreement, Buyer shall cause the Property to be returned to the condition that

existed prior to Buyer’s entry.

(i) Condition of Property; Delivery and Redelivery of Reports and

Studies. The Property, and any improvements located in or on the Property, will be

conveyed by Seller to Buyer in their “as-is” condition, with no representations or warranties of

any nature whatsoever (except as otherwise specifically set forth herein). To assist Buyer with

its feasibility study, Seller shall provide to Buyer all engineering reports, studies, surveys, site

plans, soils and drainage reports, and all environmental studies pertaining to the Property that

Seller has in its possession or are existing and reasonably available to Seller as of Opening of

Escrow. If Buyer elects not to close this transaction and escrow for any reason whatsoever

(including a default by Buyer but excluding a default by Seller), then all inspections, reports,

studies, tests, surveys and analyses either delivered by Seller to Buyer shall be returned by Buyer

to Seller.

(ii) Buyer’s Objection. If Buyer, in its sole and absolute discretion,

fails to approve or disapprove the results of its feasibility studies by giving written notice of the

satisfaction of this Contingency to Seller and Escrow Agent on or before the Feasibility

Expiration Date, then (i) this Contingency shall be deemed automatically and without further act

not to have been satisfied; (ii) Escrow Agent shall return to Buyer its First Deposit; (iii) this

Agreement shall be deemed terminated; and (iv) neither party shall have any rights as against the

other (except for those obligations of insurance and indemnity that are expressly stated to survive

the termination of this Agreement). If this Contingency is satisfied or deemed satisfied and

Buyer elects to proceed with the Closing, Buyer shall be deemed to be satisfied with all matters

relating the Property, the conditions of the Property and all matters relating to Buyer’s use and

ownership of the Property, except for those matters expressly addressed by Seller’s

representations and warranties set forth herein. This provision shall survive the Close of Escrow

and the recording of the Deed.

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(c) Termination of Agreement. If either Buyer or Seller is granted the right

to terminate this Agreement in accordance with any provisions of this Agreement, such party

shall exercise such right by delivering written notice to the other party and to Escrow Agent

indicating both its election to terminate and the specific provision pursuant to which it is making

that election.

5. Possession and Indemnification/Duty to Defend. Seller shall deliver possession of

the Property to Buyer no later than 30 days after the Closing (the “Hold-Over Period”) and

subject to the Permitted Title Exceptions. In addition, during such 30 day Hold-Over Period,

Seller shall be liable for any and all property damage to the structure, shall not file any claim or

lawsuit against the Buyer or its officials for any injuries suffered on the Property during the

Hold-Over Period. In addition, Seller shall indemnify and hold harmless the Buyer and its

officials for any such claim or lawsuit or any such claim or lawsuit filed by any third party.

There shall be no charge to Seller for rent during this Hold-Over Period. However, thereafter,

there shall be a $1,000 per month mitigation fee should Seller remain on the Property. Buyer

shall after the Hold-Over Period have the right to remove Seller through legal process at the

expense of Seller.

6. Representations and Warranties of Buyer. Buyer acknowledges, represents,

warrants and covenants to Seller that the following are true as of the Agreement Date and will be

true as of the Closing, and in entering into this Agreement Seller is relying upon, the following:

(a) Due Organization, Etc. Buyer is duly organized, validly existing and in

good standing under the laws of the State of Arizona and is qualified to do business in the State

of Arizona. Buyer has taken all necessary action to authorize the transaction contemplated by

this Agreement and Buyer’s execution and delivery of all documents required herein, and its

performance hereunder. Buyer’s execution and delivery of this Agreement, and the

consummation of the transaction contemplated hereby, will not result in any violation of, or

default under, any term or provision of any agreement, instrument, mortgage, loan agreement or

similar document to which Buyer is a party or by which Buyer is bound. Buyer further

represents that it is not a partner or joint venturer with Seller in connection with the transaction

contemplated by this Agreement, and that it is entering into this Agreement and any other

contract, instrument and document contemplated hereby, voluntarily and solely for its own profit

and benefit.

(b) No Litigation. There is no litigation, investigation or proceeding pending

or, to the best of Buyer’s knowledge, contemplated or threatened against Buyer which would

impair or adversely affect Buyer’s ability to perform its obligations under this Agreement or any

other instrument or document related hereto.

7. Representations and Warranties of Seller. Seller acknowledges, represents,

warrants and covenants to Buyer that the following are true as of the Agreement Date and will be

true as of the Closing, and in entering into this Agreement Buyer is relying upon, the following:

(a) Title; Authority; No Conflict. Seller is the sole owner of fee simple title

to the Property, and has the authority and power to convey the Property to Buyer in accordance

with the provisions of this Agreement. If Seller is aware of any matter that may affect title to the

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Property that is not disclosed in the Title Report, Seller shall promptly notify Buyer and Escrow

Agent of all such matters. Seller is validly existing and in good standing under the laws of the

state of its organization. Seller has taken all necessary action to authorize the transaction

contemplated by this Agreement and its execution and delivery of this Agreement and all

documents required herein and its performance hereunder. The execution and delivery of this

Agreement and any other document required herein, and the consummation of the transactions

contemplated hereby and thereby, will not result in any violation of, or default under, any term or

provision of any agreement, instrument, mortgage, loan, or similar documents to which Seller is

a party or by which Seller is bound. Seller further represents that it is not a partner or joint

venturer with Buyer in connection with the transactions contemplated by this Agreement, and

that it is entering into this Agreement and any other contract, instrument and document

contemplated hereby, voluntarily and solely for its own profit and benefit.

(b) No Litigation. Seller has not received notice of any threatened or pending

suits, legal actions or other proceedings by any governmental authority, or any other person or

entity, or otherwise, for the taking of all or any part of the Property or which alleges any

violation by Seller of any applicable laws, rules or regulations of any federal, state or local

governmental authority pertaining to the Property. If Seller becomes aware of any of the

foregoing (whether arising before or after the date hereof) after the date hereof, but prior to

Closing, Seller shall give prompt written notice thereof to Buyer prior to Closing.

(c) No Bankruptcy. There are no attachments, levies, executions,

assignments for the benefit of creditors, receiverships, conservatorships or voluntary or

involuntary proceedings in bankruptcy or any other debtor relief actions contemplated by Seller

or filed by Seller, or to Seller’s knowledge, pending in any current judicial or administrative

proceeding against Seller.

(d) Foreign Person. Seller is not a Foreign Person as such term is defined

under § 1445 of the Code.

(e) No Condemnation. To the best of Seller’s knowledge, there are no

existing, pending or anticipated condemnation or similar proceedings against or involving the

Property.

(f) No Agreements or Title Defects. To Seller’s knowledge, there are no

unrecorded agreements, commitments or understandings pursuant to which Seller or its

successors in interest (including Buyer) are required to dedicate any part of the Property or to

grant any easement, right-of-way, road or license for ingress and egress or other use in respect to

any part of the Property. No person has any option, right of first refusal, lease, easement, license

or other right whatsoever with respect to the Property other than as described in a document

recorded in the official records of Pinal County, Arizona. Throughout the term of this

Agreement, Seller shall not cause or permit any mortgage, deed of trust, lien, encumbrance,

covenant, condition, restriction, assessment, easement, right-of-way, obligation, encroachment or

liability whatsoever, to be placed of record, affect the title insurance to be given Buyer pursuant

to this Agreement or otherwise exist, from the date of this Agreement to the date of termination

of this Agreement, excepting, however, such title exceptions as are specifically approved in

writing by Buyer. Throughout the term of this Agreement, and except as otherwise provided in

8

this Agreement, Seller shall not, without the prior written consent of Buyer, grant to any third

party any rights in or relating to the Property. Notwithstanding the foregoing, nothing in this

representation shall be deemed to include, cover or be applicable to any matter done or

undertaken by Buyer or any of Buyer’s representatives.

(g) No Undisclosed Assessments. To the best of Seller’s knowledge, there

are no taxes, assessments (special, general or otherwise) or bonds of any nature affecting the

Property, or any portion thereof, except as disclosed in the Title Report or any Amended Report

and in Paragraph 3(f) above. Seller has no understanding or agreement with any taxing authority

respecting the imposition or deferment of any taxes or assessments respecting the Property.

Seller has no knowledge of any planned public improvement that might result in a special

assessment being levied against the Property. If Seller becomes aware of any of the foregoing

(whether arising before or after the date hereof) after the date hereof, but prior to Closing, Seller

shall give prompt notice thereof to Buyer prior to Closing.

(h) Environmental Conditions. To Seller’s actual knowledge (without duty

of inquiry), the Property is not nor has it been under investigation for a violation of any federal,

state or local law, ordinance or regulation relating to industrial hygiene or to the environmental

conditions in, at, on, under or about the Property including, but not limited to, soil and ground

water condition. Neither Seller nor, to Seller’s actual knowledge (without duty of inquiry), any

third party, has used, generated, manufactured, stored or disposed in, at, on, under or about the

Property or transported to or from the Property any Hazardous Material (as defined below). To

Seller’s actual knowledge (without duty of inquiry), (i) there has been no discharge, migration or

release of any Hazardous Material from, into, on, under or about the Property, and (ii) there is

not now, nor has there ever been on or in the Property underground storage tanks, any asbestos-

containing materials or any polychlorinated biphenyls, including those used in hydraulic oils,

electric transformers, or other equipment. Seller has not, and to Seller’ actual knowledge (with

no duty of inquiry) no other person or entity has, buried any refuse, construction materials,

garbage, or any other matter of any kind or nature below the surface of the Property. Seller

hereby assigns to Buyer, without representation or warranty, to be effective only upon and as of

the Closing, all claims, counterclaims, defenses, or actions, whether at common law, or pursuant

to any other applicable federal or state or other laws which Seller may have against any third

parties relating to the existence of any Hazardous Materials in, at, on, under or about the

Property (including Hazardous Materials released on the Property prior to the Closing and

continuing in existence on the Property at the Closing). As used herein, “Hazardous Material”

shall mean any flammables, explosives, radioactive materials, hazardous wastes, hazardous and

toxic substances or related materials, asbestos or any material containing asbestos (including,

without limitation, vinyl asbestos tile), or any other substance or material, defined or regulated as

a “hazardous substance” by any federal, state or local environmental law, ordinance, rule or

regulation including, without limitation, the Federal Comprehensive Environmental Response

Compensation and Liability Act of 1980, as amended, the Federal Hazardous Materials

Transportation Act, as amended, the Federal Resource Conservation and Recovery Act, as

amended, the Toxic Substances Control Act, as amended, and the rules and regulations adopted

and promulgated pursuant to each of the foregoing.

(i) No Impediments. To Seller’s actual knowledge (with no duty of inquiry):

(i) the Property is not subject to any neighborhood conservation or preservation districts or any

9

historical designations, and does not include any archeological site, burial site, artifact or other

condition of archeological or historical significance; (ii) no portion of the Property has been used

as an Indian burial ground or contains any buried Indian artifacts; (iii) there exists no

governmental policy or action precluding or inhibiting the (1) issuance of grading or building

permits with respect to the Property, (2) approval of precise engineering plans or preliminary or

final plats with respect to the Property, (3) issuance of certificates of occupancy for residences

properly constructed on the Property, or (4) issuance of water, sewer, or other utility connection

permits affecting the development of the Property; and (iv) there are no adverse soil or

geological conditions affecting the Property that could materially and adversely affect the

Property or the construction of single family residences thereon without the need for unusual or

new subsurface excavations, fill, footings, caissons or other installations.

(j) No Transfer or Agreements. For so long as this Agreement remains in

effect, Seller shall not encumber or permit or suffer the further encumbrance of the Property or

any part thereof or interest therein, or assign, convey, lease or transfer any part thereof or interest

therein. Seller has not entered, and shall not (without the prior written consent of Buyer), enter

any contract or obligation affecting the Property which will be binding upon Buyer after the

Closing other than as disclosed in the Title Report.

(k) No Parties in Possession. There are no parties in possession of the

Property or any part thereof, and after the Closing there shall not be any leases, rental

agreements, or other rights of use or occupancy, whether express or implied, oral or written,

affecting the Property.

(l) Current Encumbrances. Any current encumbrance against the Property,

as evidenced by a note secured by a deed of trust, or otherwise, will be satisfied and removed as

an encumbrance of record against the Property in connection with the close of escrow.

For the purposes of this Agreement, the knowledge, actual knowledge or best knowledge of the

Seller shall be deemed to be the knowledge, actual knowledge or best knowledge (as applicable).

8. No Alteration of the Condition of the Property. During the term of this

Agreement the Seller shall not cause the condition or character of the Property to be altered from

that which exists as of the date hereof, and, subject to normal wear and tear, Seller shall maintain

the Property in its current physical condition.

9. Attorney Fees. If either Party hereto breaches any provisions of this Agreement, the

breaching Party shall pay to the non-breaching Party all reasonable attorney fees and other costs

and expenses incurred by the non-breaching Party in enforcing this Agreement or preparing for

legal or other proceedings regardless of whether suit is instituted.

10. Notices. All notices or other communications required or provided to be sent by

either Party or Escrow Agent shall be in writing and shall be sent by United States Postal

Service, postage prepaid, return receipt requested; courier; any nationally recognized overnight

delivery service; or in person. Any such notice sent by registered or certified mail, return receipt

requested shall be deemed to have been duly given and received seventy-two (72) hours after the

same is so addressed and mailed with postage prepaid. Notices delivered by overnight service

10

shall be deemed to have been given twenty-four (24) hours after delivery of the same, charges

prepaid, to U.S. Postal Service or private courier. Any notice or other document sent by any

other manner shall be effective only upon actual receipt thereof. All notices shall be addressed

to the party at the address below:

If to Seller: Donna R. O’Malley and

Caris James O’Malley

1633 E. 2nd Ave


If to Buyer: Assistant City Manager

Bryant Powell

300 E. Superstition Blvd.


With a copy to: City Attorney

R. Joel Stern



Any address or name specified above may be changed by notice given to the addressee by the

other Party in accordance with this Paragraph 12. The inability to deliver because of a changed

address of which no notice was given, or rejection or other refusal to accept any notice, shall be

deemed to be the receipt of the notice as of the date of such inability to deliver or rejection or

refusal to accept. Any notice to be given by any party hereto may be given by the counsel for

such party. Any notice to be given to Escrow Agent shall be sent to the address set forth in

Paragraph 3(a) above.

11. Seller’s Remedies. Subject to those rights of insurance and indemnity that are

expressly described as surviving the termination of this Agreement, if Buyer shall breach any of

the terms or provisions of this Agreement or otherwise defaults at or prior to the Closing, Seller

may, as its sole and exclusive remedy, either waive such default and consummate the transaction

contemplated hereby in accordance with the terms hereof, or terminate this Agreement. Buyer

and Seller acknowledge that it would be extremely difficult and impractical, if not impossible, to

ascertain with any degree of certainty the amount of damages which would be suffered by Seller

if Buyer fails to purchase the Property in accordance with the terms of this Agreement. Seller

hereby waives all other rights or remedies which may be available to it at law or in equity.

12. Buyer’s Remedies. In the event of a default or breach by Seller hereunder, Buyer

shall have the right to reimbursement from Seller for Buyer’s actual out-of-pocket expenses

incurred in connection with the transaction contemplated by this Agreement and the proposed

development of the Property, together with all other rights and remedies available to it at law and

in equity, including the right to seek specific performance of Seller’s obligations hereunder; but

in no event shall Buyer have the right to seek or recover special, exemplary or consequential

damages from Seller.

11

13. Survival of Covenants, Agreements, Representations and Warranties. All

covenants, agreements, representations and warranties set forth in this Agreement shall survive

the Closing and shall not merge into any deed or other instrument executed or delivered in

connection with the transaction contemplated hereby.

14. Modification of Agreement. No modification of this Agreement shall be deemed

effective unless in writing and signed by the Parties hereto, and any waiver granted shall not be

deemed effective except for the instance and in the circumstances particularly specified therein

and unless in writing and executed by the Party against whom enforcement of the waiver is

sought.

15. Further Instruments. Each Party, promptly upon the request of the other or upon

the request of Escrow Agent, shall execute and have acknowledged and delivered to the other or

to Escrow Agent, as may be appropriate, any and all further instruments reasonably requested or

appropriate to evidence or give effect to the provisions of this Agreement and which are

consistent with the provisions hereof.

16. Entire Contract. This Agreement constitutes the entire contract between the parties

with regard to the purchase, sale and development of the Property. All terms and conditions

contained in any other writings previously executed by the parties and all other discussions,

understandings or agreements regarding the Property and the subject matter hereof shall be

deemed to be superseded hereby.

17. Inurement. This Agreement shall be binding upon and inure to the benefit of the

successors and assigns, if any, of the respective Parties hereto.

18. Commissions. Each Party warrants and represents to the other that no real estate

sales or brokerage commissions, or finder’s fees, are or may be due in connection with this

transaction as a result of the act of the Party so warranting.

19. Time Periods. If the time for performance of any obligation hereunder expires on a

Saturday, Sunday or legal holiday, the time for performance shall be extended to the next day

which is not a Saturday, Sunday or legal holiday.

20. Severability. The Parties each believe that the execution, delivery and

performance of this Agreement are in compliance with all applicable laws. However, in the

unlikely event that any provision of this Agreement is declared void or unenforceable (or is

construed as requiring Buyer to do any act in violation of any applicable laws, including any

constitutional provision, law, regulation, or city code), such provision shall be deemed severed

from this Agreement and this Agreement shall otherwise remain in full force and effect; provided

that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in

such a manner so that the reformed agreement (and any related agreements effective as of the

same date) provide essentially the same rights and benefits (economic and otherwise) to the

Parties as if such severance and reformation were not required. Unless prohibited by applicable

laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all

amendments, instruments and consents necessary to accomplish and to give effect to the

purposes of this Agreement, as reformed.

12

21. Conflict of Interest. This Agreement is subject to, and may be terminated by

Buyer in accordance with, the provisions of A.R.S. § 38-511.

22. Assignment. Neither Party may assign their rights under this Agreement.

23. Counterparts. This Agreement may be executed simultaneously or in

counterparts, each of which shall be deemed an original, but all of which together shall constitute

one and the same Agreement.

24. Recordation. This Agreement shall not be recorded.

25. IRS Real Estate Sales Reporting. Buyer and Seller hereby appoint Escrow

Agent as, and Escrow Agent agrees to act as, “the person responsible for closing” the transaction

which is the subject of this Agreement pursuant to § 6045(e) of the Internal Revenue Code of

1986, as amended (the “Code”). Escrow Agent shall prepare and file IRS Form 1099-S and shall

otherwise comply with the provisions of § 6045(e) of the Code only to the extent such provisions

apply to sellers of real property. Escrow Agent shall indemnify, protect, hold harmless and

defend Seller, Buyer and their respective attorneys for, from and against any and all claims,

actions, costs, loss, liability or expense arising out of or in connection with the failure of Escrow

Agent to comply with the provisions of this Paragraph 25.

26. Applicable Law. 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 or for removal to federal court. In the event either Party shall

bring suit to enforce any term 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: all litigation and appeal expenses,

collection expenses, reasonable attorneys’ fees, necessary witness fees and court costs to be

determined by the court in such action.

27. Section 1031 Exchange. The parties agree that either party may utilize the

Property in connection with a so-called Section 1031 tax free exchange and both parties agree to

cooperate with each other in connection therewith, including but not limited to the execution of

documents required in connection with converting this transaction into an exchange transaction,

all at no cost or liability to the cooperating party and without any delay in the Closing Date.

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the

day and year first above written.

Buyer: Seller:

Bryant Powell Donna R. O’Malley

13

Assistant City Manager


Approved as to form:

R. Joel Stern

14

ESCROW AGENT ACCEPTANCE:

The undersigned Escrow Agent accepts this Agreement as its escrow instructions and

agrees to perform the acts applicable to Escrow Agent in accordance with the terms of this

Agreement. Specifically, Escrow Agent understands, acknowledges and agrees to the provisions

of Paragraph 25 labeled “IRS Real Estate Sales Reporting” above. Escrow Agent acknowledges

its receipt of both the First Deposit and a fully executed original of this Agreement as of the date

set forth underneath its signature below, and such date shall be deemed the date of the “Opening

of Escrow”.

CHICAGO TITLE AGENCY

By: Trisha Getz

Its: Manager

Date: ___________________

(the “Opening of Escrow”)

LIST OF EXHIBITS

A - Legal Description of the Property

B - Standard Escrow Instructions

C - Form of Special Warranty Deed

Exhibit A / Page 1

EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY

W ½ NW SW NW SW OF SEC 22-1N-8E EXC: W-50’ DEEDED TO THE CITY OF AJ (.39

AC FOR R/W) .87 AC

Exhibit B / Page 1

EXHIBIT “B”

STANDARD ESCROW INSTRUCTIONS

SELLER AND BUYER WILL:

1. Deposit with Escrow Agent all documents necessary to complete the sale as

established by the terms of these instructions and authorize Escrow Agent to

deliver or record said documents as required herein.

2. Direct that all money payable be paid to Escrow Agent unless otherwise specified.

3. Authorize Escrow Agent to act upon any statement furnished by a lien holder or

his agent, without liability or responsibility for the accuracy of such statement.

4. Authorize Escrow Agent to pay from available funds held by it for said purpose

amounts necessary to procure documents and to pay charges and obligations

necessary to consummate this transaction.

5. Direct that the disbursement of any funds shall be made by check of Escrow

Agent.

6. Direct that when these instructions and all title requirements have been complied

with Escrow Agent shall deliver by recording in the appropriate public office all

necessary documents, disburse all funds and issue the title insurance policy.

7. Indemnify and save harmless Escrow Agent against all costs, damages, attorney’s

fees, expenses and liabilities, which it may incur or sustain in connection with

these instructions any interpleader action, or any servicing account arising

herefrom (except for any wrongful acts or negligence on the part of Escrow

Agent) and will pay the same on demand.

SELLER AND BUYER AGREE:

8. Escrow Agent has the right to resign upon written ten day notice, if such right is

exercised, all funds and documents shall be returned to the party who deposited

them.

9. Escrow Agent shall not accept payments under a cancellation notice, unless in

cash, certified or cashier’s check or money order.

10. Should Escrow Agent be closed on any day of compliance with these instructions,

the requirement may be met on the next succeeding day Escrow Agent is open for

business.

11. Time is of the essence of any agreement to pay or perform hereunder which

agreement shall remain unpaid or unperformed as of Closing. No payment of

Buyer of such amounts shall be received or receipted for by Escrow Agent unless

Exhibit B / Page 2

all amounts due as of the date of compliance are paid unless and until written

authority therefor has been delivered to Escrow Agent by the payee of said

amount.

12. Escrow Agent may at anytime, at its discretion, commence a civil action to

interplead any conflicting demands to a Court of competent jurisdiction.

13. It is fully understood that Chicago Title Agency serves as an escrow agent only in

connection with these instructions and cannot give legal advice to any party

hereto.

14. The title insurance provided for unless otherwise specified, shall be evidenced by

the standard form of title insurance policies on file with the Insurance Director of

the State of Arizona subject to exceptions shown in the commitment for title

insurance and title insurance policy issued.

Exhibit C / Page 1

EXHIBIT “C”

After Recording Return To:

City of Apache Junction

City Attorney



SPECIAL WARRANTY DEED

For and in consideration of Ten Dollars, and other valuable consideration, DONNA R.

O’MALLEY AND CARIS JAMES O’MALLEY (“Grantors”), hereby conveys to the CITY OF

APACHE JUNCTION, an Arizona municipal corporation, whose address is 300 East

Superstition Blvd., Apache Junction, AZ, 85119 (“Grantee”), the following real property situated

in Apache Junction, Pinal County, Arizona, together with all rights and privileges appurtenant

thereto:

W ½ NW SW NW SW OF SEC 22-1N-8E EXC: W-50’ DEEDED TO THE CITY OF AJ (.39

AC FOR R/W) .87 AC

and subject to current taxes and other assessments, reservations in patents and all easements,

rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities

as may appear of record, and all matters which an accurate survey or physical inspection of the

real property would disclose.

Grantor hereby binds itself and its successors to warrant and defend the title, as against all acts of

the Grantor herein and no other. No other warranties, express or implied, are given by Grantor

by reason of this conveyance.

DATED this _____ day of __________, 2015.

[Signatures on Following Page]

Exhibit C / Page 2

GRANTORS:

Donna R. O’Malley


STATE OF ARIZONA ) ) ss. County of Pinal )

This instrument was acknowledged before me this _____ of ______________, 2015, by

_______________________________, the _____________ of the ______________________.

Notary Public

NOTARY

SEAL



Boulevard


File ID: 14-691

Agenda Item No. 4.

Agenda Date: 3/2/2015 Sponsor: Kathy Connelly

In Control: City Council Work SessionIndex: City Internal Issue

Discussion of dates for interview of city manager position finalists. Council may wish to

hold special executive sessions during the two extra weeks between March and April

meetings to conduct interviews for city manager position finalists.

Attachments:


FEBRUARY 10, 2015 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: WORK SESSION ITEM FOR MARCH 2, 2015 AND REGULAR

MEETING ITEM FOR MARCH 3, 2015 – SPECIAL EXECUTIVE SESSION (INTERVIEWS OF CITY MANAGER POSITION FINALISTS)

The internal recruitment for the city manager positions will close Thursday, February 19, 2015 at 5:00 p.m. Copies of the applications from qualified applicants will be given to you in the context of an executive session on Monday, March 2, 2015. Council may wish to hold a special executive session for the purpose of interviewing final applicants for the city manager position. If so, you may want to consider doing so during the weeks of March 23 or March 30 as these are extra weeks between the March and April council meeting schedules. Discussion of executive sessions will be placed on your March 2 work session and on your March 3 regular agenda for selection of the specific dates, times and locations.



Boulevard


File ID: 14-696

Agenda Item No. 5.

Agenda Date: 3/2/2015 Sponsor: Bryant Powell


Presentation and discussion on the Classification and Compensation Study by staff and a

representative of Public Sector Personnel Consultants. Staff will also discuss plans for the

implementation of the new classification and compensation plan.

Attachments:


480.947.6164 - FAX (480) 970-6019 - [email protected]

Date: February 18, 2015 To: City Council, via Liz Riley and Bryant Powell From: Matt Weatherly, President Re: Pay Study Findings and Recommendations, for Consideration Background The City’s Classification and Compensation Study has been completed. The following summarizes the study’s methodology, findings, and recommendations. Position Classification Review Employees completed Position Analysis Questionnaires or Job Description Questionnaires as termed in Apache Junction describing their job duties and responsibilities; additionally, a minimum of one (1) employee from each job classification participated in an interview with the consultant. A review of the questionnaires reveals 146 current job titles have been slightly consolidated to 141 proposed job titles. Minor job title modifications have been proposed, and job descriptions updated, to reflect the work being performed. Salary Survey Data on comparable positions was collected from the City’s historical comparison cities, which include:

Avondale, City of Maricopa, City of Buckeye, City of Mesa, City of Casa Grande, City of Oro Valley, City of Goodyear, City of Queen Creek, Town of Marana, City of

The survey compared the City’s salary groups to the salary groups for comparable positions at each agency, and reveals the City’s current salary plan is competitive (within 5% of market) for 70% of the job titles surveyed, and below market for 30% of the jobs surveyed. Of important note, employee actual salaries are not quite as competitive. Additional data collected on other pay practices, such as assignment pay, shift differential, and payout of unused leave time finds the City’s current practices are aligned very similarly to the comparison cities.

mailto:[email protected]

480.947.6164 - FAX (480) 970-6019 - [email protected]

Compensation Plan Updating The City currently utilizes a salary group structure containing nine (9) steps of 4.3% each, making it difficult / unaffordable to provide step increases and move employees “through” their salary group. A new salary schedule has been designed with 2.5% between each step to hopefully provide for fairly regular movement of employees across their steps. A separate Sworn Police group and step scale has also been designed for consideration and adoption. Jobs have been placed on the salary schedule utilizing the available survey market data, as well as according to current reporting relationships and internal equity. The recommended plan effectively places all salary groups “at market”, or +/-5% of the market average or median. Implementation, Costs and Summary of Recommendations We recommend the following sequence of implementation and ongoing salary administration to move employee salaries on to, and within, the salary group proposed for each job:

1) The salaries of 74 employees fall below the minimum step, and the salaries of the remaining employees fall “between” a step within their proposed salary group; to move them on to the Minimum or Next Nearest Step is estimated to be $254,000 or 1.93% of base payroll. (April 2015 approval, May 2015 payroll)

2) Provide each employee with a one-step increase effective July 1, 2015; cost

is estimated at $340,000 or 2.5% of base payroll. 3) Starting in January 2016, seek to address compression and group/range

penetration by providing additional in-group step increase(s) for anyone falling behind the pace of one step per year in title. (January 2016, budget dependent)

4) Continue to budget for annual step increases; conduct salary surveys every

2-4 years to identify any necessary market corrections, rather than adjusting the proposed salary schedules by blanket percentages.

Attachments: Proposed City civilian and sworn compensation plans and City classification plan

mailto:[email protected]

City of Apache Junction Classification Plan Amended for Fiscal Year 2014 - 2015

Exhibit A

Title GroupAccountant 23Accounting Specialist 16Accounting Technician 14Administrative Assistant 15Animal Control Officer 16Animal Services Supervisor 18Assistant City Attorney/Prosecutor 32Assistant City Manager 40Assistant to the City Manager 25Bailiff 7Building & Safety Manager 31Building Inspector/Plans Examiner 20Business License Coordinator 16City Clerk 37City Engineer 35Clerical Assistant 9Code Compliance Officer/Permit Specialist 18Community Resource Coordinator 20Controller 29Court Administrator 24Court Clerk 13Court Compliance Crew Leader 9Court Compliance Officer 22Court Compliance Specialist 17Crime Scene Technician 20Crime/Intelligence Analyst 20Custodian 9Deputy City Clerk 21Detention Officer 16Development Services Director 37Director of Public Safety/Chief of Police 38Economic Development Administrator 32Economic Development Specialist 24Educator 19Facilities Maintenance Supervisor 24Facilities Maintenance Worker 13Finance Director 37Fleet Services Supervisor 26


Exhibit A

GIS Specialist 22Grants Administrator 22Head Lifeguard 10Human Resources Analyst 22Human Resources Assistant 12Human Resources Director 37Information Technology Director 37Information Technology Support Technician 19Intern 1Kennel Assistant 8Legal Assistant 15Legal Research Assistant 20Librarian 21Library Assistant 11Library Computer Assistant 6Library Director 37Library Manager 29Library Page 4Lifeguard 3Maintenance Worker 10Management Analyst 21Marketing/Reservations Coordinator 17Mechanic 18Network Administrator 25Office Support Specialist 12Office Support Specialist/Kennel Attendant 12Park Maintenance Supervisor 23Park Ranger 15Parks and Recreation Director 37Parks Maintenance Crew Leader 19Parks Maintenance Worker 13Parks Maintenance Mechanic 16Parks Ranger Supervisor 22Parks Superintendent 28Payroll Coordinator 15PIO/Marketing Communications Specialist 26Police Records Clerk 11


Exhibit A

Police Telecommunications Administrator 25Police Telecommunications Officer 17Police Telecommunications Officer Trainee 15Proactive Code Compliance Officer 20Production/Marketing & Communication Specialist 25Project Engineer 28Property & Evidence Custodian 16Public Works Director 37Public Works Inspector/Engineering Tech 18Public Works Maintenance Worker 13Public Works Manager 30Recreation Aide 2Recreation Assistant 14Recreation Coordinator 21Recreation Facilities Manager 24Recreation Leader 6Recreation Superintendent 28Security Worker 4Senior Administrative Assistant 18Senior Court Clerk 15Senior Detention Officer 18Senior Human Resources Analyst 26Senior Information Technology Support Tech 20Senior Legal Assistant 18Senior Library Assistant 13Senior Library Computer Assistant 8Senior Mechanic 20Senior Network Administrator 26Senior Parks Maintenance Worker 16Senior Planner 26Senior Police Records Clerk 14Senior Police Telecommunications Officer 19Senior Public Works Maintenance Worker 16Senior Recreation Leader 8


Exhibit A

Senior Tax Auditor 25Sign Maintenance/Fabricator 8Sponsorship/Partnership Programs Administrator 30Street Crew Leader 19Street Light Specialist 17Street Maintenance Supervisor 24Supervising Library Assistant 19Supervisory Librarian 26System Administrator 26Tax and Licensing Manager 30Tax Auditor 24Tax Processing Clerk 13Traffic Signal Technician 20Victim Advocate 13

RecruitRecruit/Sworn Schedule

Police OfficerRecruit/Sworn Schedule

CorporalRecruit/Sworn Schedule

SergeantRecruit/Sworn Schedule

LieutenantRecruit/Sworn Schedule

CaptainRecruit/Sworn Schedule

DRAFT City of Apache JunctionCivilian Compensation Plan

Amended for Fiscal Year 2014 - 2015 DRAFT

Exhibit B

Step STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14 STEP 15 STEP 16Group

1 $17,534 $17,973 $18,422 $18,883 $19,355 $19,839 $20,335 $20,843 $21,364 $21,898 $22,446 $23,007 $23,582 $24,171 $24,776 $25,395 12 $18,411 $18,871 $19,343 $19,826 $20,322 $20,830 $21,351 $21,885 $22,432 $22,992 $23,567 $24,156 $24,760 $25,379 $26,014 $26,664 23 $19,332 $19,815 $20,310 $20,818 $21,339 $21,872 $22,419 $22,979 $23,554 $24,143 $24,746 $25,365 $25,999 $26,649 $27,315 $27,998 34 $20,298 $20,806 $21,326 $21,859 $22,405 $22,966 $23,540 $24,128 $24,731 $25,350 $25,983 $26,633 $27,299 $27,981 $28,681 $29,398 45 $21,313 $21,846 $22,392 $22,952 $23,526 $24,114 $24,717 $25,335 $25,968 $26,617 $27,283 $27,965 $28,664 $29,380 $30,115 $30,868 56 $22,379 $22,938 $23,512 $24,100 $24,702 $25,320 $25,953 $26,601 $27,266 $27,948 $28,647 $29,363 $30,097 $30,849 $31,621 $32,411 67 $23,498 $24,085 $24,687 $25,305 $25,937 $26,586 $27,250 $27,931 $28,630 $29,345 $30,079 $30,831 $31,602 $32,392 $33,202 $34,032 78 $24,673 $25,289 $25,922 $26,570 $27,234 $27,915 $28,613 $29,328 $30,061 $30,813 $31,583 $32,373 $33,182 $34,012 $34,862 $35,733 89 $25,906 $26,554 $27,218 $27,898 $28,596 $29,311 $30,043 $30,794 $31,564 $32,353 $33,162 $33,991 $34,841 $35,712 $36,605 $37,520 910 $27,202 $27,882 $28,579 $29,293 $30,025 $30,776 $31,546 $32,334 $33,143 $33,971 $34,820 $35,691 $36,583 $37,498 $38,435 $39,396 1011 $28,562 $29,276 $30,008 $30,758 $31,527 $32,315 $33,123 $33,951 $34,800 $35,670 $36,561 $37,475 $38,412 $39,373 $40,357 $41,366 1112 $29,990 $30,740 $31,508 $32,296 $33,103 $33,931 $34,779 $35,648 $36,540 $37,453 $38,389 $39,349 $40,333 $41,341 $42,375 $43,434 1213 $31,489 $32,276 $33,083 $33,910 $34,758 $35,627 $36,518 $37,431 $38,367 $39,326 $40,309 $41,317 $42,350 $43,408 $44,494 $45,606 1314 $33,064 $33,890 $34,738 $35,606 $36,496 $37,409 $38,344 $39,302 $40,285 $41,292 $42,324 $43,382 $44,467 $45,579 $46,718 $47,886 1415 $34,717 $35,585 $36,474 $37,386 $38,321 $39,279 $40,261 $41,267 $42,299 $43,357 $44,441 $45,552 $46,690 $47,858 $49,054 $50,280 1516 $36,453 $37,364 $38,298 $39,256 $40,237 $41,243 $42,274 $43,331 $44,414 $45,524 $46,663 $47,829 $49,025 $50,251 $51,507 $52,794 1617 $38,275 $39,232 $40,213 $41,218 $42,249 $43,305 $44,388 $45,497 $46,635 $47,801 $48,996 $50,221 $51,476 $52,763 $54,082 $55,434 1718 $40,189 $41,194 $42,224 $43,279 $44,361 $45,470 $46,607 $47,772 $48,967 $50,191 $51,446 $52,732 $54,050 $55,401 $56,786 $58,206 1819 $42,199 $43,254 $44,335 $45,443 $46,579 $47,744 $48,937 $50,161 $51,415 $52,700 $54,018 $55,368 $56,752 $58,171 $59,626 $61,116 1920 $44,309 $45,416 $46,552 $47,715 $48,908 $50,131 $51,384 $52,669 $53,986 $55,335 $56,719 $58,137 $59,590 $61,080 $62,607 $64,172 2021 $46,524 $47,687 $48,879 $50,101 $51,354 $52,638 $53,954 $55,302 $56,685 $58,102 $59,555 $61,043 $62,570 $64,134 $65,737 $67,381 2122 $48,850 $50,071 $51,323 $52,606 $53,921 $55,269 $56,651 $58,068 $59,519 $61,007 $62,532 $64,096 $65,698 $67,341 $69,024 $70,750 2223 $51,293 $52,575 $53,889 $55,237 $56,618 $58,033 $59,484 $60,971 $62,495 $64,058 $65,659 $67,300 $68,983 $70,708 $72,475 $74,287 2324 $53,857 $55,204 $56,584 $57,998 $59,448 $60,935 $62,458 $64,019 $65,620 $67,260 $68,942 $70,665 $72,432 $74,243 $76,099 $78,001 2425 $56,550 $57,964 $59,413 $60,898 $62,421 $63,981 $65,581 $67,220 $68,901 $70,623 $72,389 $74,199 $76,054 $77,955 $79,904 $81,902 2526 $59,378 $60,862 $62,384 $63,943 $65,542 $67,180 $68,860 $70,581 $72,346 $74,155 $76,008 $77,909 $79,856 $81,853 $83,899 $85,997 2627 $62,347 $63,905 $65,503 $67,140 $68,819 $70,539 $72,303 $74,110 $75,963 $77,862 $79,809 $81,804 $83,849 $85,945 $88,094 $90,296 2728 $65,464 $67,101 $68,778 $70,497 $72,260 $74,066 $75,918 $77,816 $79,761 $81,755 $83,799 $85,894 $88,042 $90,243 $92,499 $94,811 2829 $68,737 $70,456 $72,217 $74,022 $75,873 $77,770 $79,714 $81,707 $83,749 $85,843 $87,989 $90,189 $92,444 $94,755 $97,124 $99,552 2930 $72,174 $73,978 $75,828 $77,723 $79,667 $81,658 $83,700 $85,792 $87,937 $90,135 $92,389 $94,699 $97,066 $99,493 $101,980 $104,529 3031 $75,783 $77,677 $79,619 $81,610 $83,650 $85,741 $87,885 $90,082 $92,334 $94,642 $97,008 $99,433 $101,919 $104,467 $107,079 $109,756 3132 $79,572 $81,561 $83,600 $85,690 $87,832 $90,028 $92,279 $94,586 $96,951 $99,374 $101,859 $104,405 $107,015 $109,691 $112,433 $115,244 3233 $83,550 $85,639 $87,780 $89,975 $92,224 $94,530 $96,893 $99,315 $101,798 $104,343 $106,952 $109,625 $112,366 $115,175 $118,055 $121,006 3334 $87,728 $89,921 $92,169 $94,473 $96,835 $99,256 $101,737 $104,281 $106,888 $109,560 $112,299 $115,107 $117,984 $120,934 $123,957 $127,056 3435 $92,114 $94,417 $96,778 $99,197 $101,677 $104,219 $106,824 $109,495 $112,232 $115,038 $117,914 $120,862 $123,883 $126,981 $130,155 $133,409 3536 $96,720 $99,138 $101,616 $104,157 $106,761 $109,430 $112,166 $114,970 $117,844 $120,790 $123,810 $126,905 $130,078 $133,330 $136,663 $140,079 3637 $101,556 $104,095 $106,697 $109,365 $112,099 $114,901 $117,774 $120,718 $123,736 $126,830 $130,000 $133,250 $136,582 $139,996 $143,496 $147,083 3738 $106,634 $109,300 $112,032 $114,833 $117,704 $120,646 $123,663 $126,754 $129,923 $133,171 $136,500 $139,913 $143,411 $146,996 $150,671 $154,438 3839 $111,966 $114,765 $117,634 $120,575 $123,589 $126,679 $129,846 $133,092 $136,419 $139,830 $143,325 $146,908 $150,581 $154,346 $158,204 $162,159 3940 $117,564 $120,503 $123,515 $126,603 $129,768 $133,013 $136,338 $139,746 $143,240 $146,821 $150,492 $154,254 $158,110 $162,063 $166,115 $170,267 4041 $123,442 $126,528 $129,691 $132,934 $136,257 $139,663 $143,155 $146,734 $150,402 $154,162 $158,016 $161,967 $166,016 $170,166 $174,420 $178,781 4142 $129,614 $132,854 $136,176 $139,580 $143,070 $146,646 $150,313 $154,070 $157,922 $161,870 $165,917 $170,065 $174,317 $178,674 $183,141 $187,720 4243 $136,095 $139,497 $142,985 $146,559 $150,223 $153,979 $157,828 $161,774 $165,818 $169,964 $174,213 $178,568 $183,032 $187,608 $192,298 $197,106 4344 $142,900 $146,472 $150,134 $153,887 $157,734 $161,678 $165,720 $169,863 $174,109 $178,462 $182,923 $187,497 $192,184 $196,989 $201,913 $206,961 4445 $150,044 $153,796 $157,640 $161,582 $165,621 $169,762 $174,006 $178,356 $182,815 $187,385 $192,070 $196,871 $201,793 $206,838 $212,009 $217,309 45

DRAFT City of Apache JunctionCivilian Compensation Plan

Amended for Fiscal Year 2014 - 2015 DRAFT

Exhibit B

46 $157,547 $161,485 $165,523 $169,661 $173,902 $178,250 $182,706 $187,274 $191,955 $196,754 $201,673 $206,715 $211,883 $217,180 $222,609 $228,175 4647 $165,424 $169,560 $173,799 $178,144 $182,597 $187,162 $191,841 $196,637 $201,553 $206,592 $211,757 $217,051 $222,477 $228,039 $233,740 $239,583 4748 $173,695 $178,038 $182,489 $187,051 $191,727 $196,520 $201,433 $206,469 $211,631 $216,922 $222,345 $227,903 $233,601 $239,441 $245,427 $251,563 4849 $182,380 $186,940 $191,613 $196,403 $201,313 $206,346 $211,505 $216,793 $222,212 $227,768 $233,462 $239,298 $245,281 $251,413 $257,698 $264,141 4950 $191,499 $196,286 $201,194 $206,224 $211,379 $216,664 $222,080 $227,632 $233,323 $239,156 $245,135 $251,263 $257,545 $263,984 $270,583 $277,348 50

City of Apache JunctionRecruit/Sworn*

Compensation PlanAmended for Fiscal Year 2014 - 2015

Exhibit C

STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14Opt 1 Market 0-.99 yrs 1-1.99 2-2.99 3-3.99 4-4.99 5-5.99 6-6.99 7-7.99 8-8.99 9-9.99 10+

Recruit $44,335Officer $51,293 $52,575 $53,889 $55,237 $56,618 $58,033 $59,484 $60,971 $62,495 $64,058 $65,659 $67,300 $68,983 $70,708 OfficerCorporal $60,935 $62,458 $64,019 $65,620 $67,260 $68,942 $70,665 $72,432 $74,243 $76,099 $78,001 CorporalSergeant $70,539 $72,303 $74,110 $75,963 $77,862 $79,809 $81,804 $83,849 $85,945 $88,094 $90,296 SergeantLieutenant $81,658 $83,700 $85,792 $87,937 $90,135 $92,389 $94,699 $97,066 $99,493 $101,980 $104,529 LieutenantCaptain $99,256 $101,737 $104,281 $106,888 $109,560 $112,299 $115,107 $117,984 $120,934 $123,957 $127,056 Captain

* Director of Public Safety/Chief of Police is listed in the Civilian Compensation Plan

City of Apache Junction, Arizona

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