City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, May 20, 2015 5:30 PM Yuma City Hall Council Chambers CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS · Recognition of City Awards: · Multiple awards to the Utilities Department and staff from AZWater · Tree City USA award to Parks & Recreation Department for the 7th year in a row · Clean and Beautiful presentation I. MOTION CONSENT AGENDA All items listed on the Motion Consent Agenda will be considered and enacted with one motion. There will be no separate discussion of these items unless a Councilmember so requests. In which event, the item will be removed from the Motion Consent Agenda and the vote or action will be taken separately. A. Approval of minutes of the following City Council meeting(s): 1. MC 2015-100 Regular City Council Worksession Draft Minutes November 18, 2014 Attachments: 1. 2014_11_18_RWS_minutes.doc City of Yuma Page 1 Printed on 5/15/2015 City Council Meeting Agenda May 20, 2015 2. MC 2015-101 Regular City Council Worksession Draft Minutes December 2, 2014 Attachments: 1. 2014_12_02_RWS_minutes.doc B. Approval of staff recommendations: 1. MC 2015-000 Executive Sessions Executive Sessions may be held at the next regularly scheduled Special Worksession, Regular Worksession and City Council Meeting for personnel, legal, litigation and real estate matters pursuant to A.R.S. § 38-431.03 Section A (1), (3), (4), and (7). (City Attorney) 2. MC 2015-096 Liquor License: Denny's Approve a New License #12 Restaurant, Liquor License application, submitted by Michael William Manos, agent for Denfran Arizona, Inc. dba Denny's, located at 1435 E. 16th Street, Yuma, Arizona. (LL15-09) (City Administration/City Clerk) (Lynda Bushong) Attachments: LL15-09 RFCCA Dennys.doc 3. MC 2015-097 RFCCA Bid Award: 16th Street Tanks No. 1 & No. 3 Interior Recoating Project Award to the lowest responsive and responsible bidder for 16th Street Tanks No. 1 and No. 3 Interior Recoating Project, in the amount of $738,432.20 to: MMI Tank and Industrial Services, Phoenix, Arizona. (Utilities/Engineering - Bid #2015-20000098) (Jay Simonton) Attachments: 1. RFCCA 16th St Tank Interior Recoating Project 2015-20000098 2. SS 16th St Tanks 2015-20000098 City of Yuma Page 2 Printed on 5/15/2015 City Council Meeting Agenda May 20, 2015 4. MC 2015-098 Memorandum of Understanding: Yuma County Fairgrounds Relocation Project Assessment Authorize the City Administrator, or his designee, to execute a Memorandum of Understanding with Marine Corps Air Station Yuma, Yuma County, the Yuma County Airport Authority and the Yuma County Fair, Inc. to pledge cooperation and support for the development of a feasibility study and project assessment for the relocation of the Yuma County Fairgrounds and to seek federal funding for this effort. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Fairgrounds MOU 2. AGMT Fairgrounds MOU II. RESOLUTION CONSENT AGENDA All items listed on the Resolution Consent Agenda will be considered and enacted with one motion. There will be no separate discussion of these items unless a City Councilmember so requests or a Speaker Request Form has been submitted. In which event, the item will be removed from the Resolution Consent Agenda and the vote or action will be taken separately. 1. R2015-018 Resolution: California Governor’s Office of Emergency Services, Fire Rescue Division Establish the terms and conditions for reimbursement when the City’s fire department provides support under the City’s participation in the California Fire Service and Rescue Emergency Mutual Aid System (Mutual Aid System). (Fire Administration) (Steve Irr) Attachments: 1. RFCCA Rate Agmt.: Cal Gov Off. of Emerg Services 2. RES Rate Agmt.: Cal Gov. Off. of Emergency Svcs. City of Yuma Page 3 Printed on 5/15/2015 City Council Meeting Agenda May 20, 2015 2. R2015-019 Amended and Restated Intergovernmental Agreement: Yuma County Flood Control District Authorize the City Administrator to execute an Amended and Restated Intergovernmental Agreement with the Yuma County Flood Control District for Construction of Smucker Park Retention Basin. (Public Works/Engineering) (Joshua Scott) Attachments: 1. RFCCA IGA Smucker Park Basin 2. RES IGA Smucker Park Basin 3. IGA Smucker Park Basin 3. R2015-020 Preannexation Development Agreement: Iglesia Betania of the Assemblies of God Authorize a Preannexation Development Agreement with Iglesia Betania of the Assemblies of God, an Arizona non-profit corporation, for property located at 3615 W. 8th Street. (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Iglesia Betania PDA 2. RES Iglesia Betania PDA 3. AGMT Iglesia Betania PDA 4. R2015-021 Real Property Exchange and Preannexation Development Agreement: Fortuna de Oro, L.L.C. and Jesse Gomez Authorize the City Administrator to execute a Real Property Exchange and Preannexation Development Agreement with Fortuna de Oro, L.L.C. and Jesse Gomez. Attachments: 1. RFCCA Fortuna de Oro (Gomez Plaza) 2. RES Fortuna de Oro (Gomez Plaza) 3. AGMT Fortuna de Oro (Gomez Plaza) City of Yuma Page 4 Printed on 5/15/2015 City Council Meeting Agenda May 20, 2015 III. ADOPTION OF ORDINANCES CONSENT AGENDA All items listed on the Ordinances Consent Agenda will be considered and enacted with one motion. There will be no separate discussion of these items unless a City Councilmember so requests or a Speaker Request Form has been submitted. In which event, the item will be removed from the Ordinance Consent Agenda and the vote or action will be taken separately. 1. ORD O2015-013 City Code Text Amendment: Title 11 - False Alarms Amend the Yuma City Code, Title 11 General Offenses, Chapter 111, Section 02 (YCC § 11-02) for False Alarms. (Police/Support Services) (John Lekan) Attachments: 1. RFCCA Title 11 False Alarms 2. ORD Title 11 False Alarms 2. O2015-027 Statutory Compliance Hearing for Ordinance O2007-08 and introduction of an amendment to Ordinance O2007-08 Public Hearing pursuant to A.R.S. § 9-462.01 to determine compliance with the conditions of approval for rezoning of property located at the northwest corner of Pacific Avenue and 8th Street, pursuant to Ordinance O2007-08, and introduce an ordinance to amend O2007-08. Attachments: 1. RFCCA Statutory Compliance Hearing O2007-08 2. ORD Statutory Compliance Hearing City of Yuma Page 5 Printed on 5/15/2015 City Council Meeting Agenda May 20, 2015 3. O2015-028 Declare Surplus and Sale of Real Property Declare eight parcels of City-owned real property surplus and authorize the sale of these eight properties. Attachments: 1. RFCCA Declare Surplus and Sale of Real Property.doc 2. 24th Street Retention Location Map 3. PARCEL 665-26-352 LOCATION MAP 4. 32nd St 695-25-137 LOCATION MAP WITH ROW 5. 1188 20TH AVE LOCATION MAP 6. 1189 FRANKLIN AVE LOCATION MAP 7. 1191 FRANKLIN AVE LOCATION MAP 8. 1185 JEWEL AVE LOCATION MAP 9. 1195 S. DORA AVE LOCATION MAP 10. ORDINANCE 4.21.15 SURPLUS PROPERTIES 11. LEGAL DESCRIPTION retention basin 24th st 12. Legal description for 1581 S 6th Ave 13. Legal for Parcel 695-25-137 860 W 32nd St (2) 14. Legal Description 1188 S. 20th Ave 15. LEGAL DESCRIPTION 1189 S. FRANKLIN AVE 16. LEGAL DESCRIPTION 1191 S. FRANKLIN AVE 17. LEGAL DESCRIPTION 1185 S. JEWEL AVE 18. LEGAL DESCRIPTION 1195 S. DORA AVE 4. O2015-029 Amendment to the Yuma City Code: Chapter 37 Taxation Amend City Code Section 37-02(F) setting a higher level and a new repeal date for the two-level tax rate. Attachments: 1. RFCCA Amend Yuma City Code Two-Level Tax Rate 2. ORD Amend Yuma City Code Two Level Tax Rate City of Yuma Page 6 Printed on 5/15/2015 City Council Meeting Agenda May 20, 2015 IV. INTRODUCTION OF ORDINANCES The following ordinance(s) is presented to the City Council for introduction. No vote or action by the City Council is necessary. However, the City Council may, at its option, vote or take action where appropriate. Ordinances given introduction are generally presented to the City Council for adoption at the next Regular City Council meeting. 1. O2015-030 Establishment of a Department: Engineering Authorize Engineering as a City department. (City Administration) (Gregory K. Wilkinson) Attachments: 1. RFCCA Establishment Of City Departments 2. ORD Establishment Of City Departments 2. O2015-031 Lease Amendment: Shaw Diversified Services, Inc. Authorize the City Administrator, or his designee, to execute an amendment to a lease agreement with Shaw Diversified Services, Inc. for the City of Yuma's use of property adjacent to Joe Henry Park. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA Shaw Lease 2. ORD Shaw Lease 3. AGR Shaw Field Lease V. PUBLIC HEARING AND RELATED ITEMS 1. MC 2015-099 Public Hearing: Capital Improvement Program Budget Draft for Fiscal Years 2016 through 2020 Hold a public hearing on the City of Yuma Capital Improvement Program Budget Draft for Fiscal Years 2016 through 2020 pursuant to Yuma City Charter, Article XIII, Section 11. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA CIP 2016-2020 FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 7 Printed on 5/15/2015 City Council Meeting Agenda May 20, 2015 VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: There are no appointments scheduled at this time. 2. Announcements: City Council report on meetings/events attended – City Council report on issues discussed in meetings/events attended by a City Council representative in their official capacity as the City’s representative during the period of May 7, 2015 through May 20, 2015. City Council questions regarding the update must be limited solely for clarification purposes. If further discussion is warranted, the issue will be added to a future agenda for a detailed briefing. City Council report of upcoming meetings. City Council request for agenda items to be placed on future agendas. 3. Scheduling: Motion to schedule future City Council meetings pursuant to Arizona Revised Statutes Section 38-431.02 and the Yuma City Code, Chapter 30. VII. SUMMARY OF CURRENT EVENTS This is the City Administrator’s opportunity to give notice to the City Council of current events impacting the City. Comments are intended to be informational only and no discussion, deliberation or decision will occur on this item. VIII. CALL TO THE PUBLIC Members of the public may address the City Council on matters that are not listed on the City Council agenda. The City Council cannot discuss or take legal action on any matter raised unless it is properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual members of the City Council may respond to criticism made by those who have addressed the City Council, may ask staff to review a matter or may ask that a matter be placed on a future agenda. All City Council meetings are recorded and videotaped. City of Yuma Page 8 Printed on 5/15/2015 City Council Meeting Agenda May 20, 2015 IX. EXECUTIVE SESSION An Executive Session may be called during the public meeting for the purpose of receiving legal advice for items on this agenda pursuant to A.R.S. Section 38-431.03 A (3 and/or 4) and the following items: A. Discussion, consultation with and/or instruction to legal counsel regarding the following agenda item from the May 20, 2015 Regular City Council Meeting: • Resolution R2015-019: Amended and Restated Intergovernmental Agreement: Yuma County Flood Control District (A.R.S. 38-431.03 A3 & A4) B. Discussion, consultation with and/or instruction to legal counsel regarding Open Meeting Law complaints. (A.R.S. 38-431.03 A3 & A4) ADJOURNMENT In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, the City of Yuma does not discriminate on the basis of disability in the admission of or access to, or treatment or employment in, its programs, activities, or services. For information regarding rights and provisions of the ADA or Section 504, or to request reasonable accommodations for participation in City programs, activities, or services contact: ADA/Section 504 Coordinator, City of Yuma Human Resources Department, One City Plaza, Yuma, AZ 85364-1436; (928) 373-5125 or TTY (928) 373-5149. City of Yuma Page 9 Printed on 5/15/2015