City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, July 20, 2016 5:30 PM Yuma City Hall Council Chambers One City Plaza, Yuma 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 • Recognition of Emergency Civilian Actions 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 2016-157 Regular City Council Worksession Draft Minutes January 19, 2016 Attachments: 1. 2016_01_19_RWS_Minutes 2. MC 2016-158 City Council Citizen's Forum Draft Minutes May 3, 2016 Attachments: 1. 2016_05_03_CF_Minutes City of Yuma Page 1 Printed on 7/14/2016 City Council Meeting Agenda July 20, 2016 3. MC 2016-159 City Council Citizen's Forum Draft Minutes June 14, 2016 Attachments: 1. 2016_06_14_CF_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 2016-148 Liquor License: Showcase Sports Bar Approve a Series #6 Bar/Person Transfer Liquor License application submitted by John Spaugh, agent for Showcase Sports Bar located at 2703 S. 4th Avenue (LL16-12) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Showcase Sports Bar 3. MC 2016-149 Special Event Liquor License: Fort Yuma Rotary - Beat the Heat Block Party Approve a Special Event Liquor License application submitted by Kortnee Garcia on behalf of Fort Yuma Rotary for the Beat the Heat Block Party. The event will take place on Main Street in Historic Downtown Yuma on Friday, August 19, 2016, from 5:30 p.m. to 11:30 p.m. (SP16-17) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Fort Yuma Rotary 4. MC 2016-150 Special Event Liquor License: Humane Society of Yuma - Fur Ball Approve a Special Event Liquor License application submitted by Cristyn Weil on behalf of the Humane Society of Yuma for the Fur Ball. The event will take place at the Arizona Western College, Schoening Conference Center, on Saturday, September 17, 2016, from 5:00 p.m. to 12:00 a.m. (SP16-18) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Special Event Liquor License: Humane Society of Yuma City of Yuma Page 2 Printed on 7/14/2016 City Council Meeting Agenda July 20, 2016 5. MC 2016-151 Bid Award: 24th Street Reconstruction - Avenue B to Avenue C Award to the lowest responsible and responsive bidder for the construction of the 24th Street Reconstruction - Avenue B to Avenue C - project in the amount of $1,568,733.27 to: DPE Construction, Inc., Yuma, Arizona. (Finance/Purchasing - Bid #2016-20000195) (Pat Wicks) Attachments: RFCCA 24th Street Reconstruction - Avenue B to Avenue C SPRDSHEET - 24th Street Reconstruction - Avenue B to Avenue C 6. MC 2016-152 2016 Community Development Block Grant Subrecipient Agreements Authorize the City Administrator to execute nine subrecipient agreements totaling $169,000.00 in accordance with the 2016 Community Development Block Grant (CDBG) Action Plan. (Community Development/Neighborhood Services) (Laurie Lineberry) Attachments: 1. RFCCA 2016 Subrecipient Agreements 2. AGR Arizona Classical Ballet 3. AGR Bully Rehab Awareness Gym 4. AGR Saguaro Foundation 5. AGR The Healing Journey 6. AGR United Way of Yuma County 7. AGR WACOG - Fair housing 8. AGR WACOG - Sustainable homeowners 9. AGR Yuma Community Food Bank 10. AGR Yuma Neighborhood Development Organization 7. MC 2016-153 Outside Agency Agreement: Yuma Visitor's Bureau, Inc. Authorize the execution of an agreement with the Yuma Visitors Bureau, Inc. providing for Fiscal Year 2016-2017 funding in the amount of $650,000.00 and setting performance standards for the Yuma Visitors Bureau, Inc. (City Administration) (Greg Wilkinson) Attachments: 1. RFCCA Outside Agency Agreement: Yuma Visitor's Bureau, Inc. 2. AGMT Outside Agency Agreement: Yuma Visitors Bureau City of Yuma Page 3 Printed on 7/14/2016 City Council Meeting Agenda July 20, 2016 8. MC 2016-154 Outside Agency Agreement: Greater Yuma Economic Development Corporation Authorize the execution of an agreement with Greater Yuma Economic Development Corporation providing for Fiscal Year 2016-2017 funding in the amount of $212,000.00 and setting performance standards for Greater Yuma Economic Development Corporation. (City Administration) (Greg Wilkinson) Attachments: 1. RFCCA Outside Agency Agreement: GYEDC 2. AGMT Outside Agency Agreement GYEDC FY2016-2017 9. MC 2016-156 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 $50,000 for FY2016-17 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 regarding conservation and financial management. (Utilities/Administration) (Jay Simonton) Attachments: 1. RFCCA OAA: Western Council of Government 2. AGMT. OAA: Western Council of Government 10. MC 2016-155 Agreement: City of Tucson High Intensity Drug Trafficking Area (HIDTA) Grant Authorize the City Administrator to execute the grant agreement and accept monies received under the City of Tucson HIDTA grant program to support the Yuma Police Department Officer assigned to the U.S. Marshals Arizona Warrant Apprehension Network and Tactical Enforcement Detail (WANTED). (Police/Admin) (John Lekan) Attachments: 1. RFCCA HIDTA Grant 2016-2017 2. AGMT HIDTA Grant 2016-2017 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. City of Yuma Page 4 Printed on 7/14/2016 City Council Meeting Agenda July 20, 2016 1. R2016-023 Development Fee Deferral: Saguaro Unit No. 2 Subdivision Adopt a resolution authorizing the City Administrator to execute a deferral agreement to defer development fees and water and sewer capacity charges for Saguaro Unit No. 2 Subdivision, and to collect a $500.00 administrative fee. The term of the deferral agreement is for three years from the date of execution. (Engineering/Development Engineering) (Joshua Scott) Attachments: 1. RFCCA Development Fee Deferral Saguaro No 2 2. MAP Development Fee Deferral Saguaro No 2 3. RES Development Fee Deferral Saguaro No 2 4. AGMT Development Fee Deferral Saguaro No 2 2. R2016-024 City of Yuma 2016 Special Election Call for a Special Election to be held November 8, 2016, for the purpose of referring Ordinance O2016-006 to the qualified electors of the City of Yuma. Attachments: 1. RFCCA Call of 2016 Spc Election - Referendum 2. RES Call of 2016 Spc Election - Referendum 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. O2016-018 Amendment: Yuma City Code § 150-002 "Housing Authority" Amend Yuma City Code § 150-002(A)(1) to the Housing Authority of the City of Yuma the power to own and dispose of the assets and real property of the Arizona Housing Development Corporation and the real property located at 433 S. 1st Avenue, Yuma, Arizona. (City Administration) (Ricky Rinehart) Attachments: 1. RFCCA Amend to YC Code: HACY 2. ORD Amend to YC Code: HACY 3. EXH A Amend to YC Code: HACY City of Yuma Page 5 Printed on 7/14/2016 City Council Meeting Agenda July 20, 2016 2. O2016-019 Rezoning of Property: Approximately 7.42 acres located on the northwest corner of 34th Drive and 24th Street, Yuma, AZ. Rezone approximately 7.42 acres from the Low Density Residenital (R-1-8) District to the Limited Commercial (B-1) District and to the Transitional (TR) District. The property is located at 2376 S. 34th Drive, Yuma, AZ. (ZONE-13840-2016). (Community Development/ Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: 7.42 Acres 2. P&Z RPT Rezoning of Property: 7.42 acres 3. ORD Rezoning of Property: 7.42 acres 3. O2016-020 Amend Yuma City Code § 131-16 "Amendments" The Yuma Fire Department is requesting that City Council approve the proposed amendment to Yuma City Ordinance 02014-36, Section 2, Chapter 13. This amendment provides the Fire Chief the authority to mandate the method in which contractors who perform required inspection, testing, and/or maintenance services on fire and life safety systems submit reports to the department. (Fire/Community Risk Reduction) (Steve Irr) Attachments: 1. RFCCA Amendment to City Code 3. ORD Amendment to City Code 4. O2016-021 Declaration of Surplus and Real Property Exchange: Crossroads Mission, LLC Subject to the terms and conditions of a separately approved Real Property Exchange and Development Agreement, declare certain City-owned real property surplus, and authorize the exchange of such surplus property for fee simple title to a parcel owned by Crossroads Mission, LLC, located at 541 S Gila Street. (City Administration/YCNHA) (Charles Flynn) Attachments: 1. RFCCA Real Property Exchange: Crosssroads Mission, LLC 2. ORD Real Property Exchange: Crossroads Mission LLC City of Yuma Page 6 Printed on 7/14/2016 City Council Meeting Agenda July 20, 2016 5. O2016-022 City of Yuma 2016 Special Election Call a special election to be held the same time as the City of Yuma General Election on November 8, 2016 to submit to those persons qualified to vote in the City of Yuma the question of increasing the Transaction Privilege Tax levy by three-tenths of one percent (0.3%). (Administration) (Gregory K. Wilkinson) Attachments: 1. RFCCA City of Yuma 2016 Special Election (TPT) 2. ORD City of Yuma 2016 Special Election (TPT) 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. O2016-023 2016 Amendments to the Tax Code of the City of Yuma Adopt the "Amendments to the Tax Code of the City of Yuma for Cities and Towns in the State Collection System Performing Supplementary Local Audits", which were declared a public record by Resolution R2016-022 at the Regular City Council Meeting on July 6, 2016. (Finance/Administration) (Pat Wicks) Attachments: 1. RFCCA Tax Code Ordinance 2. SUP DOC 2016 Amendment to the Tax Code 3. ORD Tax Code Ordinance 2. O2016-024 Rezoning of Property: 142 W. 10th Street Rezone approximately 0.23 acres from the Light Industrial (L-I) District to the Low Density Residential (R-1-6) District. The property is located at 142 W. 10th Street (the northwest corner of 1st Avenue and 10th Street) Yuma, AZ. (ZONE-13910-2016) (Community Development/Community Planning) (Laurie Lineberry) Attachments: 1. RFCCA Rezoning of Property: 142 W. 10th St. 2. P&Z RPT. Rezoning of Property: 142 W. 10th St. 3. ORD Rezoning of Property: 142 W. 10th St. V. PUBLIC HEARING AND RELATED ITEMS There are no public hearings scheduled at this time. City of Yuma Page 7 Printed on 7/14/2016 City Council Meeting Agenda July 20, 2016 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. 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 July 7, 2016 through July 20, 2016. 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 7/14/2016 City Council Meeting Agenda July 20, 2016 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 (1, 3, 4 and/or 7) and the following items: A. Discussion, consultation with and/or instruction to legal counsel, regarding the following legal matters: (ARS 38-431.03 A3, A4 and A7) 1. Dyer v. COY 2. Avenue 6E Investments v. COY 3. Esquivel v. Carrillo & COY 4. LaMarche v. COY 5. Smith v. COY, et al 6. Loucel, et al v. COY, et al 7. Armendariz v. Padilla, et al 8. COY v. Clark, et al 9. U.S. v. Clark 10. Pixley v. COY 11. Yuma Mesa Land, LLC, et al v. Lynda Bushong, et al 12. Siegfried v. COY 13. Pearce v. COY 14. Camacho Claim 15. Moore Claim 16. Orta Claim 17. Tekelu Claim 18. State Farm Mutual v. Martinez & COY 19. COY v. Valdez 20. COY v. Medina-Tapia 21. COY v. PMG, et al B. Discussion, consultation with and/or instruction to legal counsel regarding the Pivot Point Phase II DDA and Pivot Point Phase II Land and Improvement Lease. (A.R.S. 38-431.03 A3 and 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 7/14/2016