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, October 13, 2020 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. Mayor Sheehy announced that members of the public can attend City Council meetings in-person or watch or listen to the meeting on Channel 4, or live stream on the City’s website. He added that public comments are being accepted by emailing the City Clerk at cityclerk@lhcaz.gov at least one-hour prior to the posted start time of the meeting. 2. INVOCATION: Suzanne G. Waldron, Mount Olive Lutheran Church Ms. Suzanne G. Waldron, Mount Olive Lutheran Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: Lake Havasu City Museum - Hannah Rangel Ms. Jillian Usher, Communications Director with the Lake Havasu City Museum, 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 *Councilmembers Gordon Groat and Michele Lin were present via remote conferencing. 5. CALL TO THE PUBLIC Mr. Greg Befort, citizen, addressed the Council regarding the Coffee with the Mayor on October 10, 2020, where he asked whether the Mayor held any meetings with the Governor’s office before declaring a local emergency proclamation. Mr. Befort said he found a social media post on the City’s website dated March 17, 2020, that states that Mayor Sheehy began attending teleconference briefings with Governor Ducey’s staff to coordinate local relief efforts for the state. He said the Mayor has had every opportunity to rescind the local emergency proclamation and should have based on benchmarks and strain on hospitals. Mr. Befort said the Mayor has delayed rescinding the proclamation to Lake Havasu City Page 1 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 get funding and the community and citizens are suffering. Mr. Bill Mitchell, citizen, addressed the Council and said the local emergency proclamation cannot infringe on the constitutional rights and freedoms of the people. He said the City Council are sworn to uphold the constitution and failure to do so is capital treason. Mr. Tony Liska, citizen, addressed the Council regarding the use of tannerite and trash in the desert. He said there is uncertainty as to who is in charge of the land and who enforces the area as the land falls between the Bureau of Land Management and Arizona State Land Department and no one wants to claim ownership. Mr. Liska said he enjoys using the desert but the noise from the tannerite and the truckloads of trash being dumped needs to be regulated. Mr. Craig Geary, citizen, addressed the Council and said he serves on the Keep Havasu Beautiful Committee. He said there was an article in the newspaper about selling City-owned parcels, which were given to the City by Mr. Robert McCulloch. Mr. Geary said he would like to see the City have more discussion on whether the parcels remain open space, sold, or kept in-house for future generations. Mayor Sheehy clarified that the City is not actively selling parcels, the article was intended to provide information on the process that was changed. Ms. Christine Simmons, citizen, addressed the Council and said she was speaking on behalf of Protect Our Deserts (P.O.D.) regarding the large amounts of trash dumped in the desert near the equestrian area. She suggested that the City close the desert access there to the public. Mr. Dick Elewant, citizen, addressed the Council regarding the editorial in the newspaper regarding the council pay increase. He said he served on City Council in the early 1990’s and urged the Council to support the pay increase which would impact future councilmembers. He said in response to those speaking about the constitution, he said when people talk about the constitution they forget the greatest reason for being part of this society, which is personal responsibility. He said COVID-19 numbers are increasing and the Council cannot let their guard down on this virus, too many states have and it has backfired on their people and community. Ms. Michelle Long, citizen, addressed the Council and spoke regarding the legal citations on why the Mayor should rescind the local emergency proclamation and declare Lake Havasu City a constitutional and sanctuary city. Ms. Sharla Callorie, citizen, addressed the Council and spoke concerning the freedoms and rights of the people being taken away. She asked the City Council to stop the local Lake Havasu City Page 2 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 emergency proclamation in Lake Havasu City and let the other cities follow. The following public written comments were received and read into the record: • Ms. Patricia Perez, citizen • Mr. Ron Danielson, citizen • Ms. Janet Grippi, citizen 6. CONSENT AGENDA 6.1 ID 20-2546 Approve the August 27, 2020, City Council Work Session Minutes, September 10, 2020, City Council Special Meeting Minutes, and September 22, 2020, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 20-2536 Adopt Resolution No. 20-3446 Abandoning the Entire 10-Foot Public Utility and Drainage Easement Located on Tract 2180, Block 3, Lot 1, and the Southerly 10-Foot by 50-Foot Portion of the 10-Foot by 80-Foot Public Utility and Drainage Easement Located on the Easterly Property Line of Tract 2180, Block 3, Lot 2, and the Southerly 10-Foot by 136.42-Foot Portion of the 10-Foot by 166.42-Foot Public Utility and Drainage Easement Located on the Westerly Property Line of Tract 2223, Block 12, Lot 44 (Luke Morris) 6.3 ID 20-2551 Adopt Resolution No. 20-3448 Approving Amendment No. 1 to the Intergovernmental Agreement with Kingman, Arizona, for the Substance Abuse and Mental Health Services Administration Grant (Mitchell Kalauli) 6.4 ID 20-2543 Approve Agreement with Universal Music Enterprises for Use of a Specified Portion of a Master Recording in a Police Department Recruitment Video (Chief Doyle) 6.5 ID 20-2548 Approve the Change Request Form No. 1 for the Statement of Work with Camptra Technologies LLC for Oracle Cloud Human Capital Management Time and Labor, Payroll and Enterprise Resource Planning Support Related to Grades and Grade Rate Structure Changes (Jill Olsen) 6.6 ID 20-2539 Approve the Public Transportation Agency Safety Plan (Patrick Cipres) 6.7 ID 20-2545 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m. Tuesday, October 27, 2020 (Kelly Williams) Councilmember Coke moved to approve the Consent Agenda as presented, seconded by Councilmember McCoy, and carried by the following vote: Lake Havasu City Page 3 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 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 20-2538 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. She added that applications are available on the City’s website at www.lhcaz.gov. 7.2 ID 20-2544 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • Recognized Dustin Salisbury, Public Works Department, for receiving his Engineering In Training (EIT) Certification. • City Council attended various events and ribbon cutting ceremonies. • Mayor Sheehy presented a proclamation to Nicholas Bartolucci for earning his Eagle Scout rank. • Mayor Sheehy proclaimed the month of October as Domestic Violence Awareness Month and Breast Cancer Awareness Month. • Mayor Sheehy proclaimed October 14-20, 2020, as Fire Prevention Week. • Census 2020 update. • COVID-19 update. 8. PUBLIC HEARINGS 8.1 ID 20-2542 Introduce Ordinance No. 20-1243 Amending City Code Title 2, City Organization and City Council, Regarding Meetings, Call to the Public, Powers and Duties, Fire Department, and other Housekeeping Revisions (Kelly Garry) City Attorney Kelly Garry addressed the Council and said this item is an introduction of suggested changes to Title 2 of the Lake Havasu City Code. Ms. Garry noted that most of the changes are housekeeping in nature and reviewed the changes as follows: 1. Section 2.04.080 - a phrase was added clarifying that a regular meeting may be cancelled in the event there are no items to consider. 2. Section 2.04.500 - call to the public is suggested to be revised to reduce the calls to one per regular meeting and remove calls to the public from special meetings and work sessions. The purpose of special meetings and work sessions are to focus on a particular item or issue. The public will Lake Havasu City Page 4 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 still have an opportunity to speak on the items to be discussed during special meetings and work sessions when the items are open for public comment. 3. Section 2.12.080 - added clarification of 15% of the total votes cast. 4. Section 2.16.010 - removed City Physician. The City does not appoint this position. 5. Section 2.16.020 - deleted in its entirety and clarified in the revised Chapter 2.28. 6. Section 2.20.040 - clarified annual budget reporting language. 7. Section 2.24.020 - added designation of City Clerk as the administrator of the City’s record management program and to submit the necessary records to state as required by law. 8. Section 2.24.070 - repealed this section. It is unnecessary and could cause confusion. 9. Chapter 2.28 (Section 2.28.010) - clarified the Administrative Services Director as the collector of taxes and fees for the City. The City does not have a position called the City Treasurer and this was revised to avoid any confusion and to update the language in the chapter. 10. Chapter 2.32 - is deleted in its entirety. The Deputy City Manager is not a current or foreseeable position and furthermore is not necessary to be in the Code. 11. Section 2.44.050 - deleted a phrase about keeping Police Department records open to Council at any time. This is not appropriate. 12. Chapter 2.52 - revised entire Fire Department chapter to update and remove sections that are not necessary or are already contained in other portions of the City Code or policy. 13. Sections 2.60.050 and 2.60.090 are revised to change HR Manager to Director of Human Resources. 14. Section 2.70.050 - correcting references to capital improvement fund. Councilmember Lin said cancelling meetings as proposed in Section 2.04.080 does not give the public the opportunity to speak to the Council if needed. Ms. Garry explained that this language was suggested because there was an instance where there were no items to discuss and it was questioned whether the meeting could be cancelled. She said this gives the Council the option to cancel a meeting if there are no items to discuss but does not mean that the Council has to cancel the meeting. She said having this language just codifies an option. Councilmember Lin said she was not in favor of the proposed changes to Section 2.04.080. Mayor Sheehy asked if the mayor still has the ability to cancel a meeting, to which Ms. Garry said in the event there are no items a meeting could still be cancelled or not cancelled it just would not be specified in the code. Lake Havasu City Page 5 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 Councilmember Groat agreed with Councilmember Lin as there is already a mechanism in place for the mayor to cancel a meeting and does not necessarily need to be codified in the code. Vice Mayor Lane noted that the language as proposed reads “may” cancel not “shall” or “will.” Councilmember Groat said regarding the removal of City Physician in Section 2.16.010, the City more than likely had a City Physician that was the medical director under the Fire Department’s powers and prevue. He suggested that it could be advantageous for the Council to keep the City Physician in the code to perform such other duties as Council may require. He said having a City Physician could be particularly useful for the Council to have during a pandemic. Councilmember Groat said he was in favor of keeping Section 2.44.050 regarding Police Department records open to the Council for inspection as written with no changes, to which Ms. Garry stated that any record confidential under state statute would not be open to inspection by the public. Councilmember Lin requested more information regarding Section 2.44.050, to which Police Chief Dan Doyle explained that criminal records and investigations in-progress are not privy to inspection and the Police Department does not release information that is under investigation. He said there are specific records that are public information and can be requested through the City Clerk’s office. He said while the majority of records are public information, records such as intelligence files, juvenile offenses, and active investigations are not public information and there are state laws that preclude what the Police Department can make available to the public. Chief Doyle said the vagueness of Section 2.44.050 as it currently reads is overly broad. In response to Councilmember Groat’s question regarding disclosing information, Chief Doyle said there is nothing that would compel disclosing information or records on a person being investigated for a crime until an arrest and disclosure. Mayor Sheehy asked if Section 2.44.050 as currently written is in conflict with state statute, to which Ms. Garry replied yes. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. Mayor Sheehy said having a City Physician position at this time is not necessary as it Lake Havasu City Page 6 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 would be an additional cost to the City. He added that the Council would still have the ability for oversight with a contract for service should a need arise in the future. He said regarding Section 2.40.080, the City Council can continue to cancel the meetings with or without the code change, and regarding Section 2.44.080, the City is currently in conflict with state statue. Councilmember Groat clarified that City Physician is not to create a new position but to have an employee that falls under the Fire Department as medical director. Mayor Sheehy agreed but said the medical director works for the Fire Chief not the City Council. Mr. Knudson clarified that the Fire Department has a Battalion Commander for EMS services that coordinates with the medical community, hospital, and ambulance providers but is not a medical doctor. Councilmember Groat said his point was that the Battalion Commander is not a medical physician, and this section of the code as written is that the Council would appoint a City Physician that would serve as the medical director of the Fire Department and used by the City Council. Councilmember McCoy moved to introduce Ordinance No. 20-1243 amending Lake Havasu City Code Title 2, seconded by Councilmember Dolan, and carried by the following vote: Aye: 5 - Mayor Sheehy, Vice Mayor Lane, Councilmember Coke, Councilmember McCoy and Councilmember Dolan Nay: 2 - Councilmember Groat and Councilmember Lin 8.2 ID 20-2550 Adopt Resolution No. 20-3447 Amending Resolution No. 93-874 Fixing Monthly Compensation of Mayor and City Councilmembers (Shawn Marie Irula) Human Resources Director Shawn Irula addressed the Council and advised that this item is adoption of a resolution to propose fixing monthly salaries of the Mayor and City Councilmembers. Ms. Irula stated that this discussion began approximately two years ago at the direction of the previous Mayor. She said the council at that time decided that the elected officials' salary adjustment would be addressed as part of the positional analysis. Ms. Irula said the comparable agencies were surveyed and based upon the results it was found that the Mayor’s current salary is approximately 72 percent under market and the Councilmember’s salary is approximately 60 percent under market. Ms. Irula said if approved, the salary increases would not go into effect until December 1, 2022, as the current Council cannot vote to increase their own salaries. There was discussion regarding the benefits of increasing pay to attract future councilmembers. Vice Mayor Lane noted that the compensation for Mayor and City Council has not been Lake Havasu City Page 7 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 increased in 25 years. Councilmember Dolan stated that he did not become a Councilmember for the money but supports the increase as he believes the Council should be paid for their time. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing and noted that no written public comments were received. Mayor Sheehy said this has been an ongoing discussion for the past 24 months as a part of the positional analysis. Mayor Sheehy said the same comparable cities were used for the mayor and councilmember salaries and the total impact to the taxpayers is less than $30,000 per year for all seven Councilmembers. He added that the city has grown and the workload of the Council has increased over the last 25 years. Councilmember McCoy said she was in support of increasing the compensation for future councils to attract the best and brightest citizens that want to serve. Councilmember Groat said the compensation for mayor and councilmember should include a mechanism for a cost of living increase so that it does not take another 25 years to be adjusted. Vice Mayor Lane moved to adopt Resolution No. 20-3447 revising Resolution No. 93-874 adjusting the monthly salaries of Mayor to $1,630.00 and City Councilmembers to $1,038.00, effective the first pay period of the 2022/2023 Fiscal Year, 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 8.3 ID 20-2547 Award Bid for the Construction Contract for the Dick Samp Memorial Park - Pickleball Court Improvements (Dustin Salisbury) Project Manager Dustin Salisbury addressed the Council and said this item is to award bid of a construction contract for the Dick Samp Pickleball Court improvements. Mr. Salisbury displayed an aerial view of the proposed layout of the eight new pickleball courts and sidewalk. He said the low bidder was T.R. Orr, Inc. in the amount of $965,393; however, in order for the project to remain within budget staff recommends complete removal of optional improvements (bid item numbers) 1, 2, 4, 5, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, and 25. He added that staff also recommends that item 27 be reduced by 2,186 square yards, item 30 be reduced by 19,677 square feet, and item 22 be reduced by 144 square feet, which puts the project within budget in the amount of $658,813. Mr. Salisbury said the project duration would be November 2020 through May Lake Havasu City Page 8 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 2021, with construction likely to be completed sooner due to the reduced scope of work. Mayor Sheehy noted that the parking lot provides overflow parking for little league and additional ballfields. Mr. Salisbury stated that a path will be available to access the overflow parking lot. Vice Mayor Lane thanked the Pickleball Association for their $100,000 donation towards the pickleball courts. Mayor Sheehy opened the public hearing. Ms. Christine Simmons addressed the Council and asked if the courts would have lighting. Mr. Salisbury replied that electric was one of the items that was removed from the project due to limited funding; however, the City is leaving strategic space to make electrical improvements in the future. Ms. Nancy Campbell, citizen, addressed the Council and asked how the City accounts for fluctuating construction costs. Mr. Salisbury said once a contractor submits a bid they are locked in unless there is a true force majeure. There being no further comments, Mayor Sheehy closed the public hearing and noted that no written public comments were received. Councilmember Dolan moved to award the Construction Contract for the Dick Samp Memorial Park - Pickleball Court Improvements to T.R. Orr, Inc. in the amount of $658,813, 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 9. CURRENT EVENTS Vice Mayor Lane gave an update from the LHC Resource Alliance. 10. CALL TO THE PUBLIC Mr. Doug Carr, Pickleball Association, thanked the Council and City staff for their support of additional pickleball courts. Mr. Bill Mitchell addressed the Council and requested that the Council consider making Lake Havasu City a constitutional sanctuary city. 11. FUTURE MEETINGS Tuesday, October 27, 2020 @ 6:00 p.m. – Regular Meeting Lake Havasu City Page 9 Printed on 10/29/2020 City Council Minutes - Final October 13, 2020 Tuesday, November 10, 2020 @ 6:00 p.m. – Regular Meeting Tuesday, November 24, 2020 @ 6:00 p.m. – Regular Meeting 12. FUTURE DISCUSSION ITEMS There were no requests from Council for future discussion items. 13. ADJOURN Upon motion by Vice Mayor Lane and seconded, the meeting adjourned at 7:52 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 13th day of October, 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 10 Printed on 10/29/2020