City Council Meeting

City of Yuma City Council Meeting REVISED Agenda Wednesday, December 16, 2020 5:30 PM Yuma City Hall Council Chambers One City Plaza, Yuma Notice is hereby given, pursuant to Resolution R2015-047 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. Consistent with the March 13, 2020 Arizona Attorney General opinion relating to Arizona’s Open Meeting Law and COVID-19, in order to protect the public and reduce the chance of COVID-19 transmission, the December 16, 2020 Regular City Council meeting will be conducted remotely through technological means along with limited public, in-person access, consistent with social distancing requirements. City Council Chambers will be open with limited public access in addition to participation through Zoom. Those wishing to speak on any applicable agenda item or at Call to the Public and choose to participate via Zoom, must submit an email request to publiccomment@yumaaz.gov no later than 60 minutes prior to the start of the scheduled meeting. Further instructions will be given at that time. Members of the public are encouraged to view the meeting through either of the following two venues: 1) Zoom: Residents will need to connect through the following website: https://cityofyuma.zoom.us/. Click on "Calendar" then select the City meeting and click “Join”. 2) City of Yuma live stream: Use the Video and TV Stream quick link at www.yumaaz.gov and search for Yuma Live Playlist 73. Watch live on TV cable channel 73. A recording of the meeting will be available on the City’s website after the meeting. The Worksession and Citizen's Forum previously scheduled for December 15, 2020 are cancelled. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE City of Yuma Page 1 Printed on 12/15/2020 City Council Meeting Agenda December 16, 2020 ROLL CALL FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS • Recognition of Governor's Art Award for Outstanding Organization • COVID-19: Governor’s Executive Orders, limitations (preemption) and City measures taken ADDITION 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 2020-211 Regular Council Meeting Draft Minutes November 4, 2020 Attachments: 2020 11 04 RCM 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) City of Yuma Page 2 Printed on 12/15/2020 City Council Meeting Agenda December 16, 2020 2. MC 2020-205 Liquor License: Monster Taco Approve a new Series #12 Restaurant Liquor License application submitted by Ramon Gutierrez, agent for Monster Taco located at 2198 S. 4th Avenue (LL20-11) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Liquor License: Taco Monster 2. MAP Liquor License: Monster Taco 3. MC 2020-206 Temporary Extension of Premises: Jimmie Dees Approve a Temporary Extension of Premises/Patio Permit application submitted by Richard Good, agent for Jimmie Dees located at 38 W. 2nd Street (EP20-04) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Temporary Extension of Premises: Jimmie Dees 2. MAP Temporary Extension of Premises: Jimmie Dees 4. MC 2020-209 Temporary Extension of Premises: Crouse's Flat Top Grill Approve a Temporary Extension of Premises/Patio Permit application submitted by Cory Crouse, agent for Crouse's Flat Top Grill located at 2855 S. 4th Avenue (EP21-01) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RFCCA Temporary Extension of Premises: Crouse's Flat Top Grill 2. MAP Temporary Extension of Premises: Crouse's Flat Top Grill 5. MC 2020-207 Grant Award: Arizona Department of Homeland Security Authorize the City Administrator to execute the subrecipient agreement for the grant award issued by the Arizona Department of Homeland Security. (Police/Patrol) (Susan Smith) Attachments: 1. RFCCA Grant Award: AZDOHS 2. AGMT Grant Award: AZDOHS 3. AWARD LTR Grant Award: AZDOHS 4. SUPP DOC Grant Award: AZDOHS City of Yuma Page 3 Printed on 12/15/2020 City Council Meeting Agenda December 16, 2020 6. MC 2020-196 Vision Statement and Strategic Outcomes Approval of the Vision Statement and five Strategic Outcomes developed by City Council. (Administration) (Philip Rodriguez) Attachments: 1. RFCCA Vision Statement and Strategic Outcomes 7. MC 2020-208 Declare Surplus and Award Offer: Sale of Firearms Declare and award offer for Sale of Firearms to the highest responsive/responsible offer for a total of $15,644.25 from the following vendors: King's Firearms Online $15,240.50, Columbia, Tennessee; Sierra Auction $403.75, Phoenix, Arizona. (Police Department - RFQ #2021-20000059) (Susan M. Smith / Robin R. Wilson) Attachments: 1. RFCCA Declaration and Bid Award: Sale of Firearms 2. SPRDSHEET Declaration and Bid Award: Sale of Firearms 8. MC 2020-210 Ratification of Agreement: One Arizona Opioid Settlement Memorandum of Understanding Ratify the One Arizona Opioid Settlement Memorandum of Understanding between the State of Arizona and Arizona counties, cities and towns, establishing the terms upon which a potential settlement of the ongoing litigation against the opioid industry may be structured. (City Attorney) (Richard Files) Attachments: 1. RFCCA Ratification of Agreement: One Arizona Opioid Settlement MOU City of Yuma Page 4 Printed on 12/15/2020 City Council Meeting Agenda December 16, 2020 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. R2020-057 Preannexation Development Agreement: 730 S. Avenue C Authorize a Preannexation Development Agreement with Charles M. Cyr for property located at 730 S. Avenue C. (Community Development/Community Planning) (Randall Crist) Attachments: 1. RFCCA PDA: 730 Avenue C 2. RES PDA: 730 Avenue C 3. AGMT PDA: 730 Avenue C 2. R2020-058 Development Agreements: Pasque Partners Approve two Development Agreements, the Olberg and Stinnet Ranch Properties Development Agreement and the Martin Property Development Agreement, between Pasque Partners and the City of Yuma in substantial form as Exhibits A and B attached to the resolution, and authorize the City Administrator to execute the Development Agreements. (City Administration) (Philip Rodriguez) Attachments: 1. RFCCA Pasque Partners Development Agreements 2. RES Pasque Partners Development Agreements 3. Exh A Olberg and Stinnet Ranch Properties Development Agreement 4. Exhibit B Martin Property Development Agreement City of Yuma Page 5 Printed on 12/15/2020 City Council Meeting Agenda December 16, 2020 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. O2020-026 Amend Yuma City Code Title 13: Health and Safety Adopt an ordinance amending the City of Yuma Health and Safety code in Title 13 of the Yuma City Code, by adding a new Chapter 140, titled, Recreational Marijuana. (City Administration) (Philip Rodriguez) Attachments: 1. RFCCA Amend Yuma City Code: Health and Safety 2. ORD Amend Yuma City Code: Health and Safety IV. PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM AND RELATED ITEMS 1. O2020-027 Issuance of Pledged Revenue and Revenue Refunding Obligations Adopt an ordinance approving the sale, execution and delivery of pledged revenue and/or revenue refunding obligations, in one or more series; approving the form and authorizing the execution and delivery of necessary agreements, instruments and documents; and delegating authority to determine certain matters with respect to the foregoing and declaring an emergency. (City Administrator/ Finance Department) (Philip Rodriguez/Lisa Marlin) Attachments: 1. RFCCA Issuance of Pledged Revenue and Revenue Refunding Obligations 2. ORD Issuance of Pledged Revenue and Revenue Refunding Obligations 2. R2020-059 City of Yuma Contingency Reserve Funds Policy Adopt a City of Yuma Contingency Reserve Funds Policy (CRF Policy) relating to Police and Fire, Tier 1 and Tier 2 pension reserve funding and authorize the City Administrator to establish and administer the contingency reserve funds. (City Administration) (Philip Rodriguez) Attachments: 1. RFCCA Contingency Reserve Funds Policy 2. RES Contingency Reserve Funds Policy 3. EXH A.Contingency Reserve Funds Policy REVISED City of Yuma Page 6 Printed on 12/15/2020 City Council Meeting Agenda December 16, 2020 3. O2021-001 Budget Amendment Amend the Fiscal Year 2021 Annual Budget to authorize a transfer of appropriations in certain Funds with a corresponding increase in revenue and expenditure capacity in certain other Funds and declaring an emergency without exceeding the overall Fiscal Year 2021 Annual Budget. (City Administration) (Philip Rodriguez) Attachments: 1. RFCCA Budget Amendment 2. ORD Budget Amendment 3. EXH A PAGE 1 Budget Amendment 4. EXH A PAGE 2 Budget Amendment REVISED/ADDITION FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. V. ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. 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 December 3, 2020 through December 16, 2020. 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. 2. Scheduling: Motion to schedule future City Council meetings pursuant to Arizona Revised Statutes Section 38-431.02 and the Yuma City Code, Chapter 30. City of Yuma Page 7 Printed on 12/15/2020 City Council Meeting Agenda December 16, 2020 VI. 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. VII. 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. VIII. 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 Issuance of Pledged Revenue and Revenue Refunding Obligations and any matter related thereto. (A.R.S. 38-431.03 A3, A4 and A7) 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 8 Printed on 12/15/2020