City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jim Dolan Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, August 23, 2022 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Jesse Cano, Living Word Family Church Pastor Jesse Cano, Living Word Family Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: #YouMatter and YADAH Members from #YOUMatter and YADAH led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember David Lane, Councilmember Michele Lin, Councilmember Cameron Moses, Councilmember Jeni Coke and Vice Mayor Jim Dolan *Councilmember Coke was present via remote conferencing. 5. CALL TO THE PUBLIC The following individuals spoke in opposition to the AZ Pride Tour event being held in Lake Havasu City on February 4, 2023: • Ms. Cindy Johnson, citizen • Ms. Jan Boyd, citizen • Ms. Karen Vanderjagt, citizen • Ms. Diane Klostermeier, citizen • Mr. Greg Logan, citizen • Ms. Teresa Burkebile, citizen • Ms. Ginger Dodier, citizen The following individuals spoke in support of the AZ Pride Tour event being held in Lake Havasu City on February 4, 2023: • Mr. Aaron Aiden, citizen Lake Havasu City Page 1 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 • Mr. Steven Beemas, citizen • Ms. Patricia Chenelski, citizen Ms. Elizabeth Caffee, citizen, addressed the council regarding the new pickleball courts being built at Dick Samp Park. She said the height of the new pickleball courts are proposed to be built at the same height as the second set of courts, which is higher than the first set, and will obstruct the views of the residents on Russell Drive. Ms. Caffee requested the council’s consideration in lowering the new courts to the same height as the first set. Mr. Steven Tuminello, citizen, addressed the council and spoke concerning the laws related to the AZ Pride Tour event, election fraud, as well as the state of emergency proclamation and mask mandate issued during the pandemic. Mr. Robert Fischer, citizen, addressed the council in opposition to the AZ Pride Tour event. He also questioned the order of the transportation items on the agenda (Items 8.6 through 8.10) and asked how the city plans to implement a transit system with the arrangement of side streets. He said he does not think it makes sense nor does he see the need to put a city funded transit system in Lake Havasu City. Mr. Don Wisdom, citizen, addressed the council regarding the new “Biden Bucks” issued by President Biden and suggested the AZ Pride Tour event be moved to the SARA Park Rodeo Grounds. He requested an update from the council on the new courthouse project. Ms. Bonnie Toy, citizen, addressed the council and requested that the city consider lowering the property tax rates next fiscal year and the open swim rates during the summer months at the Aquatic Center. Mr. David Leslie, citizen, addressed the council and spoke concerning the AZ Pride Tour event and asked if any of the American Rescue Plan Act (ARPA) funding the city received would be used to fund the city’s transit system. Mr. David Lerner, citizen, addressed the council concerning several laws he believes the City Council has violated. He asked the City Council to think about two locations Guantanamo Bay, Cuba, and Nuremberg, and spoke on crimes against humanity and the pedophile agenda. Mr. Emiliano Torres, citizen, addressed the council and said he has heard a lot of hateful speech tonight from citizens regarding the AZ Pride Tour event and wished everyone could get along. 6. CONSENT AGENDA Lake Havasu City Page 2 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 6.1 ID 22-3440 Approve the August 9, 2022, City Council Regular Meeting Minutes and August 15, 2022, City Council Special Meeting Minutes (Kelly Williams) 6.2 ID 22-3404 Adopt Resolution No. 22-3599 for Ratification of a Grant Agreement with the U.S. Department of Transportation, Federal Aviation Administration (FAA), under the FAA’s Airport Improvement Program for the Construction of the Airport Runway Strengthening and Overlay Project (FAA Project Name: Runway 14-32 Rehabilitation Project), and Authorizing all Actions Necessary to Implement and Complete the Activities Outlined in the Project Application and Grant Agreement (Kathy Raasch) 6.3 ID 22-3418 Adopt Resolution No. 22-3603 Approving the Equitable Sharing Agreement and Certification with the United States Department of Justice and Department of the Treasury for Participation in the Equitable Sharing Program (Chief Doyle) 6.4 ID 22-3435 Adopt Resolution No. 22-3606 Approving Abandonment of the Entire 16-Foot by 116-Foot Public Utility Easement on the Northern Boundary of 1724 Sailing Hawks Drive, Tract 2364, Block 1, Lot 8 (Trevor Kearns) 6.5 ID 22-3436 Adopt Resolution No. 22-3607 Approving Abandonment of the 20-Foot by 124-Foot Portion of the 20-Foot by 134-Foot Public Utility and Drainage Easement on the Northern Boundary and Allowing the Remaining 10-Feet to Exist Along the Eastern Boundary of 1266 Vista Del Lago Loop, Tract 2351, Block 2, Lot 1 (Trevor Kearns) 6.6 ID 22-3408 Approval of the Final Subdivision Plat for Tres Mas Townhouses, at 2306 Palisades Drive, Tract 2192, Block 1, Lot 12, Creating a 3-Unit Residential Townhouse Subdivision in the Residential Limited Multiple-Family (R-3) District (Luke Morris) 6.7 ID 22-3409 Approval of the Final Subdivision Plat for La Fortuna Townhouses, at 2015 Moyo Drive, Tract 100, Block 1, Lots 1 & 2, Creating a 16-Unit Residential Townhouse Subdivision in the Residential Commercial and Health District (R-CHD) (Luke Morris) 6.8 ID 22-3438 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m., Tuesday, September 13, 2022 (Kelly Williams) Vice Mayor Dolan moved to approve the Consent Agenda as presented, seconded by Councilmember Lane, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 22-3437 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) Lake Havasu City Page 3 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. She added that applications are available at City Hall and on the City’s website at www.lhcaz.gov. 7.2 ID 22-3439 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • The Lake Havasu City Police Department is reminding citizens of a 988 Suicide & Crisis Lifeline that is free, confidential, and available 24-hours a day, seven days a week. • The Lake Havasu City Fall Fun Fair will be held on Saturday, October 15, 2022, at Rotary Community Park. • On August 10, 2022, Mayor Sheehy presented Bullhead City Mayor Tom Brady and City of Kingman Mayor Jen Miles with a plaque for their dedication and service to the Tri-City Council. • The next Coffee with the Mayor and City Manager will be held on Friday, September 9, 2022, at 8:30 a.m. at the Police Facility Meeting Room. 8. PUBLIC HEARINGS 8.1 ID 22-3432 Class B Bingo License Application for Fraternal Order of Eagles Aerie #4299/Jimenez (Kelly Williams) Ms. Williams advised that Mr. Tom Jimenez with Fraternal Order of Eagles Aerie #4299, has applied for a Class B Bingo License to be held at 1561 Marlboro Drive. Ms. Williams said the bingo games will be held five days a week, Wednesday through Sunday, from 9:00 a.m. to 9:00 p.m. She added that the application was reviewed internally, no objections were received and all fees were paid. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to recommend that the Arizona Department of Revenue approve a Class B Bingo License for Fraternal Order of Eagles Aerie #4299, at 1561 Marlboro Drive, seconded by Vice Mayor Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.2 ID 22-3433 Class B Bingo License Application for Fraternal Order of Eagles Auxiliary #4299/Rape (Kelly Williams) Ms. Williams advised that Ms. Nancie Rape with Fraternal Order of Eagles Auxiliary #4299, has applied for a Class B Bingo License to be held at 1561 Marlboro Drive. Ms. Lake Havasu City Page 4 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 Williams said the bingo games will be held five days a week, Friday through Tuesday, from 9:00 a.m. to 9:00 p.m. She added that the application was reviewed internally, no objections were received and all fees were paid. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Campbell moved to recommend that the Arizona Department of Revenue approve a Class B Bingo License for Fraternal Order of Eagles Auxiliary #4299, at 1561 Marlboro Drive, seconded by Vice Mayor Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.3 ID 22-3412 Adopt Ordinance No. 22-1292 Approving a Zone Change for 1509, 1515, & 1519 El Camino Drive, Tract 2194, Block 2, Lots 1, 2, & 3, from Limited Commercial (C-1) to General Commercial (C-2) (Luke Morris) Planning Division Manager Luke Morris advised that the subject property includes Lots 1, 2, and 3 and measures just over two-quarters of an acre on El Camino Drive. Mr. Morris said an alley abuts the west side of Lot 1 and wraps around behind all three subject lots to the end of the block. He said Lot 1 (corner lot) is developed with a commercial stone and a tile sales building with accessory outdoor storage, and Lots 2 and 3 are vacant and undeveloped. He reviewed the tract map detail which includes parking-in-common and building areas designated per the recorded tract map. He said the lots are 215-feet deep with the first 85-feet set aside as building area and the rear 130-feet as parking-in-common. Mr. Morris said the rezone request does not modify the parking or building areas and any changes to the parking-in-common area will require a separate application submittal and review through the parking-in-common amendment process. He reviewed the zoning map and said the subject property and the properties to the east are zoned Limited Commercial (C-1) and developed with a mix of commercial uses (church and vacant lots). The properties to the south are a mix of C-1 and General Commercial (C-2) zoning (hotel, vacant lot, restaurant, and outdoor storage), the property to the west across the alley is zoned C-2 (vacant corner lot abutting London Bridge Road), and the properties to the north across the alley are zoned and developed as Residential Manufactured Home (RMH). Mr. Morris stated that the applicant’s letter of intent requests to amend the zoning from C-1 to C-2 to facilitate development of future development improvements that may include a warehouse or wholesale facilities along with any other permitted uses in the C-2 zoning district. Mr. Morris noted that six other lots on El Camino were rezoned from C-1 to C-2 in 2017, and said the Planning and Zoning Commission heard this item at their July Lake Havasu City Page 5 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 20, 2022, meeting and recommended approval 6 to 1. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to adopt Ordinance No. 22-1292 approving a zone change for 1509, 1515, & 1519 El Camino Drive, Tract 2194, Block 2, Lots 1, 2, & 3, from Limited Commercial (C-1) to General Commercial (C-2), seconded by Vice Mayor Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.4 ID 22-3434 Approve Amendment No. 1 to the Engineering Professional Services Agreement for the Horizontal Collector Well Rehabilitation Project to Jacobs Engineering Group, Inc. ( Jason Hart) Project Manager Jason Hart advised that the item before the council is an amendment to the current Engineering Professional Services Agreement for the Horizontal Collector Well Rehabilitation Project with Jacobs Engineering Group, Inc., and outlined the following in his presentation: • This proposed agreement amendment is part of an ongoing capital improvement project to improve the overall water distribution system. • Total Project Schedule – 4 Months • Jacob’s scope of work for this project will be to design new pump discharge pipelines, flowmeters, roof modification options, etc. • Anticipated Design Completion – December 2022 • The vertical portion of the well is 16 feet in diameter and 98 feet deep. • Eleven laterals were installed three feet above the floor and three laterals were installed five and half feet above the floor. • Each lateral is twelve inches in diameter and range from 30 feet to 200 feet in depth. Mr. Hart explained that the vertical portion of the well is 98-feet below the surface and is called the Horizontal Collector Well (HCW) because of the various branches at different angles. Councilmember Lane clarified that the branches of the HCW go under the lake and water from the lake percolates to the branches. There was discussion regarding the status of Wells #22 and #23. Mr. Hart stated that during rehabilitation the HCW would be down for approximately three months; however, Lake Havasu City Page 6 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 the North Well Field, which is weaning capacity, would be used. Vice Mayor Dolan asked if the timing of this project would take place during a low water usage period, to which Mr. Hart replied that the city would try as best as possible Mayor Sheehy opened the public hearing. Ms. Toy addressed the council and asked if the amendment includes any roof modifications, to which Mr. Hart said the cost for roof modification options is included in the amendment. Mr. Hart said the HCW roof is very heavy and requires a crane which is challenging and costly; therefore, staff felt it beneficial to include the roof modification options as part of this amendment for design services. There being no further comments, Mayor Sheehy closed the public hearing. There was discussion regarding the project schedule and anticipated completion date. Councilmember Lane moved to approve Amendment No. 1 to the Engineering Professional Services Agreement for the Horizontal Collector Well Rehabilitation Project to Jacobs Engineering Group, Inc., in the amount of $159,694, seconded by Councilmember Campbell, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.5 ID 22-3425 Award Bid for the Airport Runway Strengthening and Overlay Project (FAA Project: Runway 14-32 Rehabilitation) to Sunland Asphalt & Construction, LLC (Kathy Raasch) Project Manager Kathy Raasch advised that the item before the council is to award bid for the Airport Runway Strengthening and Overlay Project to Sunland Asphalt & Construction, LLC, and outlined the following in her presentation: Background • Existing runway was built in 1991 • Runway extension & overlay was built in 1999 • 2” rubberized asphalt overlay placed in 2012 • Exiting pavement is distressed and experiencing raveling and cracking • Geotechnical evaluation was performed and consisted of 17 boring locations • Recommendation by the design engineer to remove and replace full depth asphalt Project Description • Mill & remove existing asphalt (8000 L.F. x 100’ wide) • Rework the existing base course (approx. 7.5”) • Construct 6” thick asphalt concrete pavement in two 3” lifts Lake Havasu City Page 7 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 • Temporary striping after initial paving • Permanent striping after 30-day cure time Bids • Advertised for bids in April 2022 • Bids opened – May 11, 2022 • 4 bids received • Apparent Low Bidder – Sunland Asphalt & Construction, LLC • Bid amount - $5,880,000 • Engineer’s Estimate - $7,383,940 Schedule • 60-day Construction Contract • 45-day Runway closure starting May 1, 2023 Funding • FAA Grant: Airport Improvement Program (91.06%) • ADOT Matching Grant (4.47%) • Airport Fund (4.47%) Councilmember Lin asked if any crucial air services would be affected by the closure, to which Ms. Raasch said all air services, including Federal Express, medical, and emergency air services, would be notified of the closure. She said users were invited to several public hearings regarding the construction schedule and said the city’s focus has been to provide them with as much notice as possible which is why the schedule was pushed to May 2023 based on feedback from the users. Councilmember Campbell recused herself from participating and voting on this item. Councilmember Moses asked if May 2023 was the consensus from all the users or from the city and vendor, to which Airport Manager Damon Anderson said the summer months were determined to be the best time due to less activity at the airport. Councilmember Moses spoke on the importance of the aggregate rock on the infield and asked if the bid includes aggregate rock, to which Mr. Anderson said the aggregate should not be affected at all and added that there are plans in the Community Investment Plan (CIP) to finish out the rest of the airport islands with aggregate rock. Mayor Sheehy opened the public hearing. Mr. Wisdom addressed the council and asked if the city has considered a concrete runway Lake Havasu City Page 8 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 versus asphalt. Mr. Anderson said concrete is more costly and requires a cost analysis based on the amount of operations at the airport to justify the extra expense of concrete. Mr. Tim Murray, citizen, addressed the council and asked if the asphalt material would be recycled. Ms. Raasch said there would be a staging area at the airport where material is stockpiled for future use. Mr. Alex Rollas, citizen, addressed the council about the financial impact to the city or vendors at the airport, to which Ms. Raasch said there is a 4.5 percent city match from the airport fund. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Dolan moved to award the Airport Runway Strengthening and Overlay Project (FAA Project: Runway 14-32 Rehabilitation), Contract 500256, to Sunland Asphalt & Construction LLC, in the amount of $5,880,000, seconded by Councilmember Moses, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan Recused: 1 - Councilmember Campbell 8.6 ID 22-3426 Adopt Resolution No. 22-3604 Adopting the Amended Lake Havasu City Complementary Paratransit Plan (Patrick Cipres) Transit Manager Patrick Cipres said he would be presenting four plans for council’s approval that are an integral part of the Federal Transit Administration (FTA) process to receive 5307 Transit funding allocations. He explained that the federal allocations process requires additional detailed information and assurances than what was originally required in years past when the city received state funding. Mr. Cipres said the plans have different conditions and timelines, and the adoption of the plans provides Lake Havasu City with the ability to receive federal allocations for transit programs that benefit residents and users of the transit systems. He added that the plans are required before the FTA’s certifications and assurances can be completed, signed, and submitted to the FTA to receive allocations. Mr. Cipres said the first item is adoption of the amended Lake Havasu City Complementary Paratransit Plan. He said because the city operates a fixed route system, as required by the Americans with Disabilities Act (ADA), the city must provide a Lake Havasu City Page 9 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 complementary paratransit service to individuals with disabilities. The service must be comparable to the level of service provided to individuals without disabilities who use the fixed route system. Mayor Sheehy said there was a question during Call to the Public regarding the order of the transit items on the agenda. Mayor Sheehy said the city has had transit services for many years and has always received federal transportation grant funding and Arizona Department of Transportation (ADOT) support for transit facilities. He said about a year ago the city shifted from Havasu Mobility to a more robust transit system providing enhanced transit services for citizens while keeping the costs to the general fund the same. Mr. Cipres spoke on the history of the Lake Havasu City transit system. Councilmember Campbell asked how many riders the fixed route vehicles could accommodate, to which Mr. Cipres responded 14 passengers plus a driver. He said the vehicles do not require a commercial driver’s license or passenger endorsement. Councilmember Campbell asked if there is an age requirement to ride the fixed route, to which Mr. Cipres said riders must be nine years of age, under age nine requires the rider to be accompanied by a parent. Mayor Sheehy opened the public hearing. Mr. Fischer addressed the council and asked if the buses would have air conditioning and if homeless would be allowed to ride all day. Mr. Cipres said the vehicles are air conditioned and anyone can ride the transit system if they pay the fare. He added that the transit rules and regulations are available on the city’s website. Mr. Knudson explained the three levels of transit services offered in Lake Havasu City: Paratransit, Direct, and The Bridge (fixed route). Ms. Toy addressed the council and said there is a portion of a sentence missing in one of the plans on Page 28. She questioned what sections of this plan were being amended. Mr. Cipres said as part of the FTA requirements the city is required to update the Complementary Transit Plan since a new fixed route was started. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Dolan moved to adopt Resolution No. 22-3604 adopting the amended Lake Havasu City Complementary Paratransit Plan, seconded by Councilmember Lake Havasu City Page 10 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.7 ID 22-3427 Adopt Resolution No. 22-3605 Adopting the Amended Lake Havasu City Transit Title VI Plan and Implementation Plan (Patrick Cipres) Mr. Cipres advised that this item is adoption of the amended Lake Havasu City Transit Title VI Plan and Implementation Plan which is required by the Civil Rights Act of 1964. He said the Lake Havasu City Title VI Plan has been amended to include the fixed route requirements. Mayor Sheehy requested that staff address the portion of the sentence missing on Page 28 under “Distribution of Transit Amenities.” Mr. Cipres advised that the sentence should read, “These locations were based on demographic data and historical data.” Mayor Sheehy advised that the motion would need to include an amendment to include “historical data” to complete the sentence on Page 28 of the plan. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to adopt Resolution No. 22-3605 adopting the amended Lake Havasu City Transit Title VI Plan and Implementation Program with the correction to Page 28, under “Distribution of Transit Amenities”, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.8 ID 22-3430 Approve Lake Havasu City Transit Asset Management Plan (Patrick Cipres) Mr. Cipres advised that the Lake Havasu City Transit Asset Management (TAM) Plan is a requirement of the FTA that requires all agencies that own, operate, or manage capital assets used in the provision of public transportation and receive federal financial assistance under 49 U.S.C. Chapter 53 either as recipients or sub-recipients to develop a TAM Plan. He explained that a TAM Plan is a tool that will aid transit providers in assessing the current condition of its capital assets, determining what the condition and performance of its assets should be, and deciding how to best balance and prioritize reasonably anticipated funds towards improving asset condition in achieving a sufficient level of performance within those means. Lake Havasu City Page 11 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 Councilmember Campbell asked how many transit vehicles the city currently has, to which Mr. Cipres said 11. He provided an overview of the vehicle models and capacity. Councilmember Campbell asked how many transit drivers the city currently has, to which Mr. Cipres responded that they currently have nine drivers and recently hired three part-time drivers. Councilmember Lin asked how many buses are currently used for the fixed route service, to which Mr. Cipres said currently they are not running the fixed route because they are preparing for the second pilot program. He said they have one bus and one backup bus per FTA regulations. Mayor Sheehy opened the public hearing. Mr. Fischer addressed the council and said he moved from a community that had a lot of transit objectives and aspirations; however, the cost for the bus lines was so high that they could have bought a car for each person that rode the bus. He asked what the load factors are on the buses and what it costs the city per rider. He added that he does not see how a fixed route service would work in Lake Havasu City as it seems a taxi service would be a better option. Ms. Michelle Young, citizen, addressed the council and said she is a current and former transit employee and spoke on the importance of transit services in the community and said she would like to see the transit hours extended. Mr. Robert Hopkins, citizen, addressed the council and said he owns Day and Night Shuttle in Lake Havasu City and has been in business for approximately 20 years. He said when the city did a transit study a couple of years ago he attended the public meetings and provided his input and suggestions. He said a fixed route will not work in Lake Havasu City and wondered what the city is doing with all the federal transit funding. Mr. Mitch Geriminsky, citizen, addressed the council and asked if the transit system will result in an increase in taxes, and thinks the system will cause more accidents and chaos in the city. Mayor Sheehy explained that the city’s current transit system has already been implemented and allows the city to take advantage of grant funding available for transit services. He stated that there is no additional impact to the city’s general fund, the only difference is that the city is required to have a fixed route system. Mr. Geriminsky asked if the buses would run 24-hours a day, to which Mayor Sheehy Lake Havasu City Page 12 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 replied no, only key times for citizens who need it most to have access. Ms. Toy addressed the council and asked if the previous comments were related to the TAM Plan. Mayor Sheehy said not specifically regarding the plan; however, the assets are used to maneuver transit. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Dolan moved to approve Lake Havasu City Transit Asset Management Plan, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.9 ID 22-3429 Approve Lake Havasu City Transit Public Transit Agency Safety Plan (Patrick Cipres) Mr. Cipres advised that the Lake Havasu City Transit Public Transit Agency Safety Plan (PTASP) is a requirement of the FTA which ensures that safety protocols are being followed in all transit agencies. He added that the PTASP is updated annually with any changes that are made throughout the year. Mayor Sheehy opened the public hearing. Mr. Fischer addressed the council and asked if the safety plan includes bus stops or ways for transit buses to move out of the lane or flow of traffic to reduce accidents. Mr. Cipres said they are still in the early stages of the fixed route plan and have identified preliminary bus stops with temporary signs. He said bus stops are a part of the plan and will be addressed in the future if needed. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Lane moved to approve Lake Havasu City Transit Public Transit Agency Safety Plan, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.10 ID 22-3431 Discussion and Presentation Regarding the Lake Havasu City Transit System (Patrick Cipres) Mr. Cipres advised that this item is to provide an overview of the Lake Havasu City Transit System which began in July 2021, and outlined the following in his presentation: Lake Havasu City Page 13 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 FLEX Paratransit Service - Seniors/Disabled Veterans • FLEX replaced Havasu Mobility it was important to ensure that the transition would be as easy as possible for current customers • New cashless fare system introduced and trained on its use • Fare $3.00 per customer each way in City limits • This service runs the same hours as The Bridge • FLEX had 2,852 riders from July 2021 – June 2022 DIRECT Demand Response Service – General Public • Direct was the second public transit service and began service on September 17, 2021 • Direct is a demand responsive service which is sometimes referred to as Microtransit • Direct uses the concept of a dial-a-ride service and a technology platform to call for a ride • Lake Havasu City Transit partnered with Uber to use their software platform • Lake Havasu City Transit follows rules and guidelines from Federal Transit Administration not Uber • Direct ride requests are made by the customer using the Uber app on their mobile phone or home computer • This is a shared ride service and follows all Lake Havasu City transit guidelines and rules • Fares are $3.00 in zone and $5.00 from zone to zone per customer each way • All fares are paid through the Uber application • Direct gave 6,809 rides from September 2021 – July 2022 THE BRIDGE Fixed Route – General Public • Launch delays were caused due to bus manufacturer issues and employee shortage • The Bridge pilot fixed route “Gray Route” began in February 2022 and ran until July. This pilot route consisted of seven bus stops and a hub 2 stops • The Bridge’s first Pilot Route (Gray Route) provided 259 rides • The second pilot route “The Express” to The Shops at Lake Havasu will start service Fall 2022 (draft map of second pilot route shown) • Electronic fares will be taken through new app Transit Token • Adult fare: $1.25 per rider • Senior + Students: $.75 Lake Havasu City Page 14 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 New Website • New look • Additional information options for the public • Transit updates (what’s happening) • Ask a question through email Transit Challenges • Staffing shortage currently still need 3 drivers • Driver requirements for public transit limits qualified candidates • Federal Transit Administration has different driver guidelines than what is required for school bus drivers Difference Between Public Transit Service and School Bus Service • School Bus Transportation. Section 5323(f) of title 49 U.S.C. prohibits the use of FTA funds for exclusive school bus transportation for school students and school personnel. The implementing regulation (49 CFR part 605) does permit regular service to be modified to accommodate school students along with the general public (“tripper service”). For the purpose of FTA’s school bus regulation, Head Start is considered a social service, not a school program. Rules for the Head Start Program limit the types of vehicles which may be used to transport children participating in a Head Start Program. FTA recipients may operate multifunctional school activity vehicles that meet the safety requirements for school transportation, but may not provide exclusive school service. • Lake Havasu City Transit Drivers do not need a Commercial Drivers License to provide transit services. • Lake Havasu City Transit does not operate large capacity buses. • School Bus Drivers have to have a Commercial Drivers License and a B School Bus Endorsement. Mr. Cipres stated that they recently met with the Lake Havasu Unified School District (“District”) to discuss transportation and ways in which they could partner in the future. He said the city’s direct service currently takes students to the high school and middle school. Mayor Sheehy spoke on the city’s innovative approach to transit over the years and said as they heard tonight there is a huge need for transit services in the community. He stated that the District is also currently working on some programs and ways to receive donated funds to provide students with financial assistance for transportation. Lake Havasu City Page 15 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 Councilmember Campbell said new legislation was signed into law by the Governor in July 2022 which removed restrictions on types of vehicles used to transport students, as well as commercial driver’s licenses, fees, and training requirements. She added that additional funding was also made available and there are several new pilot programs in the metropolitan areas using both mechanisms. She said she would like to see these types of conversations continue with the District and be open-minded and creative to move Lake Havasu City forward. Councilmember Campbell suggested the city look into a third pilot program that would continue conversations with the schools to see how many students need transportation after 2:30 p.m. Councilmember Lin asked if the city has seen an increase in the number of students using the direct route service, to which Mr. Cipres replied yes. Councilmember Lin asked if there was a way to align the city’s fixed route with the school bus route, to which Mr. Cipres said he discovered that the District does not transport students who live within approximately one to one and a half miles of the high school or middle school. He said they are looking into several ideas but it is a learning process, and their goal is to take positive steps moving forward so they do not have to go backwards. Councilmember Lane said there are many people in the community who need transportation services. He said he is opposed to utilizing city transit vehicles to transport students and spoke on his previous experience as a highway patrolman supervising the school bus safety program regulating school buses and drivers. He reviewed the regulations that have been developed over the years to ensure the safety of children. There was discussion regarding the age restriction of riders on city transit vehicles and expansion of hours in the future. Councilmember Moses asked if there is a cost difference between direct and paratransit rides, to which Mr. Cipres said the FLEX rides are approximately three times the cost of direct rides. He added that when the city ran Havasu Mobility the fare was $2.00; however, the average rate one-way was $48.00 per ride. Councilmember Moses asked how the fares were determined, to which Mr. Cipres said they were determined through a market analysis. There was discussion regarding the current fares and city transit services for students and staff to the high school and middle school. Councilmember Lane asked if the city has a contract with the District to transport students or if the parents are arranging city transit services for their students, to which Mr. Cipres said the parents are arranging the city transit services. Councilmember Moses asked if those students are paying $3.00 to $5.00 per ride, to which Mr. Cipres said yes and explained that a ride within zone is $3.00 and out-of-zone is $5.00. Lake Havasu City Page 16 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 Mayor Sheehy opened the public hearing. Mr. Fischer addressed the council and asked if the cost to the system per rider is $48.00, to which Mr. Cipres replied that he was referring to the cost per rider when the city ran Havasu Mobility (paratransit system) which started in 2014. Mr. Cipres said due to an increase in fuel costs, the cost to the system per rider for direct service is probably breaking even. Mr. Fischer said he feels a city transit system is a waste of tax dollars and to say that the city is receiving free funding from the federal government is disingenuous because the federal government is willing to spend $1.60 for every $1.00 that they collect. He added that he feels it is a burden to the taxpayers for the city to spend $48.00 when a person can take a taxi for $10.00, it is not economical, and competes with other systems in place that provide the same service. Mr. Alfred De La Rosa, citizen, addressed the council with questions for Mr. Cipres regarding his history with transit, transit study, and total number of riders per week. Mr. De La Rosa said the shuttle services run 24-hours a day, seven days a week, and can move approximately 200 people every day. He asked the City Council to find a way to help the shuttle companies move the people in the community. Mr. Emiliano Torres addressed the council and asked why bicycle racks were not incorporated on the city transit vehicles. Mr. Cipres said they do have plans to include bicycle racks on the transit vehicles in the future. Ms. Young addressed the council and spoke on the growth of transit ridership over the years. She said as a transit driver she recommends shuttle services to citizens all the time but would not recommend it for younger people. She said there are plenty of people in the city that need transportation that both sides can accommodate, and it does not have to be one or the other. Ms. Toy addressed the council and spoke on the second fixed route pilot program from the Pima Wash transit hub to The Shops at Lake Havasu and asked whether riders could take the direct route service to The Shops at Lake Havasu or if that would be considered out-of-zone. Ms. Toy requested the City Council consider adding extra stops along the second fixed route pilot program. Mayor Sheehy explained the route and stops proposed for the second fixed route pilot program, and the purpose of the three direct service zones in the city. Lake Havasu City Page 17 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 Ms. Toy asked how riders are able to pay if they do not have access to the cashless fare system on their phone, to which Mr. Cipres said the city will be selling tickets for those residents that do not have access on their phone. Mr. Murray addressed the council and asked who oversees the city’s transit system, to which Mayor Sheehy stated that there are many individuals involved including Transit Manager Patrick Cipres, Assistant to the City Manager Anthony Kozlowski, and City Manager Jess Knudson. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Lane said he is looking forward to seeing how the transit system progresses in the future working alongside the shuttle services to help those that need transit and keep the city moving forward. Councilmember Moses said city transit fulfills a tremendous need for those that need it the most in the community. He said he likes the direction the city is headed with the microtransit system. He asked if the City Council could implement a lower fare for students to get to and from school. Mr. Knudson said to implement a lower fare the city would need additional resources. He said the fee is not in place to capture the cost of the service but to find the middle ground in terms of the demand and ability for the city to provide the service. He said to provide free service for direct routes for anyone under the age of 18 would require additional drivers and vehicles and would have an impact on the users already using the system. Councilmember Moses said he would be open to looking into ways that the city could help students that need transportation, as there is not a large number of students currently needing city transit services. Mr. Knudson said the city will continue to have conversations with the District regarding transportation. Councilmember Moses said the fare is already low; therefore, if the system is not already overburdened, he does not think reducing the fare from $3.00 to $1.00 would greatly impact the number of riders that are transported to the high school and middle school. Mayor Sheehy said the District is creating a business account for the Uber application that will provide financial assistance to those students that need transportation. He suggested the council wait to see how that system works and whether it fulfills the need, and if it does not then the council would have the option to look into the fee schedule for transit services. 9. CURRENT EVENTS Lake Havasu City Page 18 Printed on 9/14/2022 City Council Minutes - Final August 23, 2022 Councilmember Moses provided an update from the Partnership for Economic Development (PED) on the cost of living and affordable housing study. Mayor Sheehy congratulated Councilmember Coke who was the local recipient of the Mercy Award awarded to LifePoint Health employees. 10. FUTURE MEETINGS Tuesday, September 13, 2022 @ 6:00 p.m. – Regular Meeting Tuesday, September 27, 2022 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS Councilmember Lin requested a future discussion item regarding the Go Lake Havasu contract, seconded by Councilmember Campbell. 12. ADJOURN Upon motion by Councilmember Lane and seconded, the meeting adjourned at 9:20 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 23rd day of August, 2022. 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 19 Printed on 9/14/2022