City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor David Lane Police Facility Councilmember Jeni Coke 2360 McCulloch Blvd North Councilmember Jim Dolan Lake Havasu City, Arizona Councilmember Gordon Groat 86403 Councilmember Michele Lin www.lhcaz.gov Councilmember Donna McCoy City Council Regular Meeting Minutes - Final Tuesday, April 28, 2020 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. Mayor Sheehy announced that due to the COVID-19 pandemic, public attendance is suspended and the council meeting is being held through technological means. He said public participation is encouraged through several options, including viewing the meeting on Channel 4, live stream on the City’s website, or by calling in to listen by telephone. 2. INVOCATION: Pastor Dale Ray, Lakeview Community Church Pastor Dale Ray, Lakeview Community Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Resource Alliance Group Resource Alliance Group led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Vice Mayor David Lane, Councilmember Jeni Coke, Councilmember Gordon Groat, Councilmember Michele Lin, Councilmember Donna McCoy and Councilmember Jim Dolan * Vice Mayor David Lane, Councilmember Jeni Coke, Councilmember Jim Dolan, Councilmember Gordon Groat, Councilmember Donna McCoy, and Councilmember Michele Lin were present via remote conferencing. 5. CALL TO THE PUBLIC City Clerk Kelly Williams said one written public comment was received by email on Monday, April 27, 2020, with a subject line of “Agenda item for 4/28/2020 City council meeting. Closure of Site Six Lake Havasu City owned boat ramp to all non Arizona registered watercraft.” Ms. Williams read the written public comment into the record as follows: “As a Resident of Lake Havasu, I'm aghast at the inept City sponsored fiasco my friend and I experienced at the City financed and Resident tax supported boat ramp at site six. Lake Havasu City Page 1 Printed on 5/13/2020 City Council Minutes - Final April 28, 2020 We were overwhelmed by the swarms from California with their hordes of family and friends, vehicles and boats not withstanding the COVID-19 Pandemic and the California mandated stay at home order by their Governor. We were denied access to our boat ramp because it was allowed to fill with over ten times it's capacity with boats, vehicles and their oversized trailers. We were well aware of the closures at the State Parks because they were full to capacity. The poor souls that drove hours for their recreational boating fix had there hoped dashed at the entrance to our State Parks. Their only alternative was to try and access our City boat ramp. Or go home. Come one come all! To their relief and to City residents disbelief. They're hopes were realized. They found the only ramp that is so poorly managed that they could do whatever their hearts desired with no accountability. I'm sure these boaters are thanking the residents of Lake Havasu City! We are night fisherman and thought the California madness would be over by the time we would launch. Boy were we wrong! Site six is not designed for the under powered vehicles and inexperienced operators of the weekend warriors that come here from California. As local residents we understand the hazards for launching a boat at site six. Capacity for parking, slope, depth and slick concrete at the ramp. We ventured onto the islands only entrance and exit point at 7 PM and almost immediately found ourselves stuck in a maze of frenzied Californians trying to retrieve their boats with no ability to turn around. Finally, At 10 PM with hunger pains, full bladders and bad feeling for our neighbors to the West. We were able leave the chaos. Would the City of Lake Havasu and it's Council Members like a little positive public perception? Please take responsibility for your constituents and do what's right for our City. Close the site six boat ramp to all non-Arizona registered water craft! It would only take an inexpensive sign explaining access privileges and fine notification for non-compliance. Let the residents of Lake Havasu City that pay for this ramp and understand its capabilities use it for they're enjoyment. The State of Arizona and when the State of California chooses to, can manage the influx of boaters to our shared Lake. Thank you, (submitted by) Antonio Martinez, Lake Havasu City.” 6. CONSENT AGENDA 6.1 ID 20-2354 Approve the April 14, 2020, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 20-2341 Adopt Resolution No. 20-3387 Affirmatively Furthering Fair Housing in Lake Havasu City (Holly Morin) 6.3 ID 20-2342 Adopt Resolution No. 20-3388 Approving and Authorizing the Execution of Instruments Necessary to Vacate and Convey Parcel G, a 20-foot by Approximately 105-foot Parcel, Located Between Lots 5 and 6 of Tract 2287, Block 1 (Luke Morris) 6.4 ID 20-2344 Adopt Resolution No. 20-3389 Reaffirming the Adoption of Owner Occupied Housing Rehabilitation Guidelines Dated November 2, 2018, in Lake Havasu City Page 2 Printed on 5/13/2020 City Council Minutes - Final April 28, 2020 Relation to an Application for Federal Fiscal Year 2019 and Federal Fiscal Year 2020 Community Development Block Grant Funds from the State Special Projects Account (Holly Morin) 6.5 ID 20-2328 Adopt Resolution No. 20-3391 Accepting the Dedication of a Public Utility and Drainage Easement, as well as an Ingress/Egress Easement, for the Entire 50-foot Right-of-Way of Malibu Drive in Parcel “F” of the Grand Island Estates Subdivision (Stuart Schmeling) 6.6 ID 20-2352 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, May 12, 2020 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 20-2349 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) Ms. Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. She said applications are available on the City’s website at www.lhcaz.gov. 7.2 ID 20-2351 City Manager’s Report (Jess Knudson) City Manager Jeff Knudson reported on the following: • COVID-19 Update. • Social media videos and activities in the Parks and Recreation Department. • Lighting of the London Bridge and Wheeler Park to join Governor Ducey’s “Light AZ Blue” to support frontline medical personnel. • A Special Edition Coffee with the Mayor and City Manager was held via Facebook Live on April 24, 2020, at 8:30 a.m. • Lake Havasu City was named 2019 Tree City USA by Arbor Day Foundation. Mayor Sheehy proclaimed April 26, 2020, as Arbor Day in Lake Havasu City. • Census 2020 Update. 8. PUBLIC HEARINGS 8.1 ID 20-2355 Approve Funding Agreement with the Partnership for Economic Development, Inc., for the Attraction, Retention and Expansion of Lake Havasu City Page 3 Printed on 5/13/2020 City Council Minutes - Final April 28, 2020 Business (Jess Knudson) Mr. Knudson advised that the item before Council is a draft contract between Lake Havasu City and the Partnership for Economic Development (PED). He said the City’s previous contract awarded a 25 percent share of the restaurant and bar tax collected through the City’s coffers and said the new contract replaces that mechanism and identifies a consistent funding source payable to the PED in the amount of $125,000 per quarter ($500,000 annually). He said the new contract identifies performance measures, responsibilities, and required reporting to the City. Mr. Knudson thanked Mr. James Gray, Director of the PED, for their continued partnership with the City. Councilmember Lin asked if the quarterly reports would be sent to the Council, to which Mr. Knudson replied yes it is his intention to send the quarterly reports to the Council. Councilmember McCoy stated that the economic impact from COVID-19 is still unknown at this time and the job of the PED and hospitality association will be crucial to the welfare of the city. She said she is concerned about setting a dollar amount at this time as the city’s future and economy is still unknown, and said the organizations will have to step up to bring business back to the city. Mayor Sheehy said the new contract is a different formula and is less money annually than previous years. Mr. James Gray (attending through remote conferencing) agreed with Councilmember McCoy and said they will have to work hard to support the city’s business community. Councilmember McCoy noted that it is important for the citizens to know where the funding is going and what the organizations are doing. Vice Mayor Lane said that he previously sat on the board for the PED and thanked Mr. Knudson and Mr. Gray for working together on an agreement that is in the best interests of the PED and the City. Councilmember Groat asked about the terms of the contract, to which Mr. Knudson said previous funding was based upon a certain percentage of food and restaurant tax. This contract replaces that funding mechanism with a constant and stable revenue source every quarter, which allows the City to budget those funds every year. He said the money has historically been used to fund tourism, provide services, and advocate for tourism and economic development activities. Mr. Knudson explained that the City relies on the PED to be our economic development arm, and for Go Lake Havasu (formerly the Convention and Visitors Bureau) to be our marketing effort for attracting visitors to the area. He said the City is allowed to utilize some of those dollars for police, fire and parks services for Lake Havasu City Page 4 Printed on 5/13/2020 City Council Minutes - Final April 28, 2020 events; however, the City is fully funding these organizations and asking them to assist with providing good services to the community and attract and retain businesses in Lake Havasu City. Councilmember Lin asked if the written reports would also be available to the public, to which Mr. Knudson replied yes. Mayor Sheehy noted that the contract would give the City certainty going into the budget. Mr. Gray added that the City should have discretion to redact certain client information within the written reports due to confidentiality. Mayor Sheehy opened the public hearing. Ms. Williams announced that no public comments were received. Mayor Sheehy closed the public hearing. Vice Mayor Lane moved to approve the Funding Agreement with the Partnership for Economic Development, Inc., for the attraction, retention and expansion of business, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.2 ID 20-2319 Introduce Ordinance No. 20-1231 Declaring Lake Havasu City Code 5.16, Video Services, a Public Record and Amending the City Code by Repealing Chapter 5.16, Cable Television System, and Adopting by Reference a New Chapter 5.16, Video Services (Kelly Garry) City Attorney Kelly Garry advised that the item before Council is an introduction of proposed changes to the City Code as a result of changes to state law that were implemented last year. She stated the state declared the regulation of video services formerly known as cable services to be of statewide concern; therefore, the City is pre-empted from any further regulation and must follow the state’s regulations. Ms. Garry said historically cities and towns would negotiate cable licenses with cable companies for their ability to operate within the cities rights of ways; however, last year cities were required to adopt a uniform video license agreement and application that will be used throughout the state of Arizona. Ms. Garry explained that the new laws allow existing companies to enter into a new uniform license or continue their existing licenses until expiration. She said the City currently has one license holder, which expires on May 20, 2020; therefore, the City is proposing these changes to the city code to coincide with the new license that will go into effect once received from the license holder. She said the new code amendments outline the process to apply for and receive a license and will help guide City staff as well as the video services companies through the process. Lake Havasu City Page 5 Printed on 5/13/2020 City Council Minutes - Final April 28, 2020 Mayor Sheehy opened the public hearing. Ms. Williams announced that no public comments were received. Mayor Sheehy closed the public hearing. Councilmember Dolan moved to introduce Ordinance No. 20-1231 declaring Lake Havasu City Code Chapter 5.16, Video Services, a public record and amending the City Code by repealing Chapter 5.16, Cable Television System, and adopting by reference a new Chapter 5.16, Video Services, seconded by Councilmember Groat, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.3 ID 20-2327 Introduce Ordinance No. 20-1232 Declaring Lake Havasu City Code 3.10, Procurement, a Public Record and Amending the City Code by Repealing Chapter 3.10, Procurement, and Adopting by Reference a New Chapter 3.10, Procurement (Jill Olsen) Administrative Services Director Jill Olsen advised that the item before Council is a proposed amendment to City Code, Section 3.10, Procurement. She said the code currently contains language that is more appropriate for a policies and procedures document. The amendments reflect removing those policy and procedure items and placing them in an operating policies and procedures document managed by the City Manager, allowing more flexibility to manage the operations of the organization more efficiently. She said the City Council would maintain approval authority of purchases over $50,000, and the thresholds in the operating and procedures document would provide authorization for department heads up to $20,000, and for the City Manager between $20,000 and $50,000. Mayor Sheehy added that this will give additional oversight and will be helpful in the City Manager’s administration of the budget. Mayor Sheehy opened the public hearing. Ms. Williams announced that no public comments were received. Mayor Sheehy closed the public hearing. Councilmember McCoy moved to introduce Ordinance No. 20-1232 declaring Lake Havasu City Code 3.10, Procurement, a Public Record and amending the City Code by repealing Chapter 3.10, Procurement, and adopting by reference a new Chapter 3.10, Procurement, seconded by Councilmember Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan Lake Havasu City Page 6 Printed on 5/13/2020 City Council Minutes - Final April 28, 2020 8.4 ID 20-2347 Approve Amendment No. One Renewing Cooperative Purchase Agreement 2853 and Approving Expenditures Exceeding $50,000 for Various Rockwell-Allen Bradley Components, Electronics, Hardware, Software and Services from Border States Electric Supply (Greg Froslie) Public Works Director Greg Froslie advised that this item is approval of a bulk purchase of Programmable Logic Controllers (PLCs) that allows staff to monitor and control the treatment plant lift stations remotely. He said they will be replacing existing controllers that are 10 to 15 years old at the Mulberry Treatment Plant and Sanitary Sewer Lift Station, and noted that the total cost is just over $75,000. He added that the Public Works Department has been taking a proactive maintenance perspective for equipment, and further added that after review, staff identified available funding in this year’s budget to purchase the equipment. Councilmember Groat asked if this accomplishes a complete replacement, to which Mr. Froslie replied no. He said it would replace three out of 14 PLCs at the Mulberry Treatment Plant and all 50 PLCs at the lift stations. Councilmember Groat asked about the replacement cycle, to which Mr. Froslie said the typical life span is approximately 10 years. He added that the City’s is evaluating the existing inventory to create a replacement schedule. Mayor Sheehy opened the public hearing. Ms. Williams announced that no public comments were received. Mayor Sheehy closed the public hearing. Councilmember Groat moved to approve Amendment No. One to Cooperative Purchase Agreement 2853, utilizing City of Tempe, Arizona, Contract WUD16-168-01, through April 20, 2021, for various Rockwell-Allen Bradley Components, Electronics, Hardware, Software and Services from Border States Electric Supply for purchases over $50,000, authorize the City Manager to execute the Amendment, and authorize City staff to execute any additional renewal options, seconded by Councilmember Lin, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 8.5 ID 20-2343 Award Bid for Fiscal Year 2019-20 Fog Seal Program to Cholla Pavement Maintenance, Inc. (Kenneth Porosky) Mr. Froslie advised that this item is to award the bid for the City’s annual Fog Seal Program. He explained the application process and noted that fog seal is different from chip seal in that it does not offer any additional structural benefits seen with chip seal; however, it does extend the life of the pavement. He said the City received one bid and Lake Havasu City Page 7 Printed on 5/13/2020 City Council Minutes - Final April 28, 2020 noted that the cost per square yard is less than last year, allowing the City to fog seal more streets this year and stay within budget. Mayor Sheehy opened the public hearing. Ms. Williams announced that no public comments were received. Mayor Sheehy closed the public hearing. Councilmember Coke moved to award the FY 2019-20 Fog Seal Program Base Bid and Alternate No. 1 Bid to Cholla Pavement Maintenance, Inc. in the amount of $288,710, seconded by Councilmember McCoy, and carried by the following vote: Aye: 7 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember Groat, Councilmember Lin, Councilmember McCoy and Councilmember Dolan 9. CURRENT EVENTS Mayor Sheehy noted that more information related to the City’s response efforts to COVID-19 is available on the City’s website at www.lhcaz.gov. 10. FUTURE MEETINGS Thursday, May 7, 2020 @ 9:00 a.m. – Budget/CIP Work Session Tuesday, May 12, 2020 @ 6:00 p.m. – Regular Meeting Tuesday, May 26, 2020 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS There were no requests form Council for future discussion items. 12. ADJOURN Upon motion by Vice Mayor Lane and seconded, the meeting adjourned at 6:54 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Regular Meeting Minutes of the Lake Havasu City Council held on the 28th day of April, 2020. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/MMC Lake Havasu City Page 8 Printed on 5/13/2020