City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, November 4, 2015 5:30 PM Yuma City Hall Council Chambers Notice is hereby given, pursuant to Resolution R2008-55 that one or more members of the Yuma City Council may participate in person or by telephonic, video or internet conferencing. Voting procedures will remain as required by the Yuma City Charter and other applicable laws. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS • Presentation of Appreciation by Troop #8054 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 2015-218 Regular City Council Worksession Draft Minutes May 19, 2015 Attachments: 1. 2015_05_19_RWS_minutes 2. MC 2015-219 Regular City Council Meeting Draft Minutes May 20, 2015 Attachments: 1. 2015_05_20_RCM_ minutes City of Yuma Page 1 Printed on 11/25/2015 City Council Meeting Agenda November 4, 2015 3. MC 2015-220 Regular City Council Meeting Draft Minutes June 3, 2015 Attachments: 1. 2015_06_03_RCM_ minutes 4. MC 2015-221 City Council Citizen's Forum Draft Minutes June 16, 2015 Attachments: 1. 2015_06_16_CF_minutes 5. MC 2015-222 Regular City Council Worksession Draft Minutes June 16, 2015 Attachments: 1. 2015_06_16_RWS_minutes 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 2015-209 Liquor License: Circle K #1849 Approve a New (Series #10) Beer and Wine Store, Liquor License application, submitted by Kim Kwiatkowski, agent for Circle K Stores Inc., Store #1849, located at 1798 4th Avenue, Yuma, Arizona. (LL15-18) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Circle K #1849 3. MC 2015-210 Liquor License: Circle K #8475 Approve a Location Transfer (Series #9) Liquor Store, Liquor License application, submitted by Kim Kwiatkowski, agent for Circle K Stores Inc., Store #8475, located at 2515 W. 8th Street, Yuma, Arizona. (LL15-20) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Circle K #8475 City of Yuma Page 2 Printed on 11/25/2015 City Council Meeting Agenda November 4, 2015 4. MC 2015-211 Special Event Liquor License: English Cursillo, Immaculate Conception - Cursillo Christmas Dance Approve a Special Event Liquor License application submitted by Judy M. Urias, on behalf of the English Cursillo, Immaculate Conception for the Cursillo Christmas Dance. The dance will be held at the Immaculate Conception Church, St. Ann's Hall, located at 501 S. Avenue B, on Saturday, December 5, 2015 from 8:00 p.m. to 11:30 p.m. (SP15-51) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Cursillo Christmas Dance 5. MC 2015-223 Special Event Liquor License: Yuma Community Food Bank - Come Wine with Us at City Hall Approve a Special Event Liquor License application submitted by Michael Ivers, on behalf of the Yuma Community Food Bank for the "Come Wine with Us at City Hall" event. The event will be held at Yuma City Hall, located at 1 City Plaza on Thursday, November 12, 2015 from 5:30 p.m. to 7:30 p.m. (SP15-56) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Yuma Community Food Bank 6. MC 2015-212 Bid Award: Police Uniforms and Accessories Award the bid to the following respondents offering the highest overall discount percentages off manufacturer's list prices with an estimated annual expenditure of $74,000 with a one-year contract with option to renew for four additional one-year periods, one period at a time based on requirements, service and the availability of funds to the following vendors: 1. Galls Lexington, Kentucky 2. Lawmens & Shooters Supply, Inc. Vero Beach, Florida 3. Proforce Law Enforcement Prescott, Arizona 4. Skaggs Phoenix, Arizona 5. Sprague's Sports, LLC Yuma, Arizona 6. Universal Police Supply Co. Tempe, Arizona (Police - Bid #2016-20000026) (John Lekan) Attachments: 1. RFCCA Bid Award: Police Uniforms and Accessories 2. SPRDSHEET Bid Award: Police Uniforms and Accessories City of Yuma Page 3 Printed on 11/25/2015 City Council Meeting Agenda November 4, 2015 7. MC 2015-213 Memorandum of Agreement and Understanding: Arizona Public Safety Procurement Program Authorize the City Administrator to execute a Memorandum of Agreement and Understanding with the Arizona Public Safety Procurment Program to allow the City's continued participation in the Federal Excess Property 1033 Program to acquire excess federal property to support the Yuma Police Department. (Police/Patrol) (John Lekan) Attachments: 1. RFCCA Federal Excess Property 1033 Program MOU 2. AGMT Fedral Excess Property 1033 Program 8. MC 2015-214 Grant Agreement: Arizona Department of Homeland Security Grant Program Award Authorize the City Administrator to execute a grant agreement with the Arizona Department of Homeland Security for reimbursement of funds expended for materials, labor, and travel as it relates to the Critical Public Safety Infrastructure Upgrade - YRCS Interoperability Radio Console Gateway Agreement. (Information Technology Services/Radio Communications) (Eddie Carrera) Attachments: 1. RFCCA Grant Agreement: Az Dept. of Homeland Security 2. SUP DOC Grant Agreement: Az Dept. of Homeland Security 9. MC 2015-215 Outside Agency Agreement: Western Arizona Council of Governments Authorize the City Administrator to execute an agreement with the Western Arizona Council of Governments to provide funding in the amount of $35,000.00 for FY2015-16 to provide qualified City utility customers with assistance to meet a delinquent utility bill payment, avoid a disconnection for non-payment, and receive educational support in the way of conservation and financial management. (Utilities/Administration) (Jay Simonton) Attachments: 1. RFCCA: Outside Agency Agmt.: WACOG 2. AGMT. Outside Agency Agmt.: WACOG City of Yuma Page 4 Printed on 11/25/2015 City Council Meeting Agenda November 4, 2015 10. MC 2015-217 Consent to Assignment of Yuma Riverfront Development Sublease Agreement (Hotel and Conference Center Component) Approve the assignment and assumption of the Yuma Riverfront First Phase Land and Improvements Sublease (Pivot Point Hotel and Conference Center) from S2 Yuma Hotel Owner LLC to Kesari Hospitality LLC. (City Administration) (Gregory K. Wilkinson) Attachments: 1. RFCCA Motion Authorizing Assignment of Sublease from S2 to Kesari 2. LTR Motion Authorizing Assignment of Sublease from S2 to Kesari 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. There are no Resolutions scheduled at this time. 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. O2015-057 Yuma City Code Amendment: Title 21, Chapter 211 "Traffic Rules" Amend Yuma City Code, Title 21, Chapter 211 by adding sections 09 and 10 related to regulating distracted driving. (Police/Patrol) (John Lekan) Attachments: 1. RFCCA Distracted Driving 2. ORD Distracted Driving City of Yuma Page 5 Printed on 11/25/2015 City Council Meeting Agenda November 4, 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. O2015-058 Yuma City Code: Amend Chapter 138, Residential Rental Inspection Amend City of Yuma Code Title 13, Chapter 138: Residential Rental Inspection, replacing reference to the Housing Quality Standard (HQS), with International Property Maintenance Code (IPMC) as adopted at Title 15, Section 150-090: Housing Code. (Community Development/Neighborhood Services)(Laurie Lineberry) Attachments: 1. RFCCA - Amend Rental Inspection 2. ORD Amend Rental Inspection 3. CODE Amend Rental Inspection 2. O2015-059 Real Property Acquisition: PMG Partnership, LLC Authorize City acquisition of all or any portion of the real property owned by PMG Partnership, L.L.C., in the vicinity of the northeast corner of 16th Street and 4th Avenue (south of 15th Street) by purchase and exchange agreement or through the exercise of eminent domain. (Engineering) (Joshua Scott) Attachments: 1. RFCCA PMG Real Property Acquisition 2. MAP PMG Real Property Acquisition 3. ORD PMG Real Property Acquisition City of Yuma Page 6 Printed on 11/25/2015 City Council Meeting Agenda November 4, 2015 3. O2015-060 Development Agreement and Land and Improvements Lease: Hardknocks Limited Partnership Enter into a development agreement authorizing the City to accept conveyance of title to land and improvements on real property located at 190 S. Madison Avenue and authorize an eight year government property land and improvements lease of the property to Hardknocks Limited Partnership as the statutory prime lessee. (This item must be adopted by a simple majority vote without the use of the consent calendar). (City Administration/Yuma Crossing National Heritage Area) (Charles Flynn) Attachments: 1. RFCCA Hardknocks Limited Partnership 2. DEV AGMT. Hardknocks Limited Partnership 3. GPLET Lease Hardknocks Limited Partnership 4. ORD Hardknocks Limited Partnership V. PUBLIC HEARING AND RELATED ITEMS There are no Public Hearings scheduled at this time. FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: There are no appointments scheduled at this time. City of Yuma Page 7 Printed on 11/25/2015 City Council Meeting Agenda November 4, 2015 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 October 22, 2015 through November 4, 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 NOTIFICATION TO MAYOR AND COUNCIL Pursuant to the Yuma City Charter and Arizona Revised Statutes, the City Clerk will give Mayor and Council formal notification of the petition verification regarding Referendum REF2015-03 related to Resolution R2015-032 General Plan Amendment: Saguaro Desert Land, Inc., filed on behalf of the Political Action Committee Residents Against Saguaro Apartments. IX 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 11/25/2015 City Council Meeting Agenda November 4, 2015 X. 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 (1, 3, 4 and/or 7) and the following items: A. Discussion, consultation with and/or instruction to legal counsel regarding 4th Avenue and 16th Street Development Agreements. (ARS 38-431.03 A3 and A4) B. Discussion, consultation with and/or instruction to legal counsel regarding assignment of Yuma Riverfront Development First Phase Land and Improvements Sublease. (ARS 38-431.03 A3 and A4) C. Discussion, consultation with and/or instruction to legal counsel regarding Development Agreement and Land and Improvements Lease with Hardknocks Limited Partnership. (ARS 38-431.03 A3 and A4) D. Discussion with City Administrator regarding annual performance review. (ARS 38- 431.03 A1) 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 11/25/2015