City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, April 6, 2022 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 April 6, 2022, Regular City Council meeting will be conducted remotely through technological means along with public, in-person access. City Council Chambers will be open with 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 previously scheduled for April 5, 2022 has been cancelled. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE City of Yuma Page 1 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 ROLL CALL FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS • Building Code Update by Randy Crist, Director of Building Safety 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 2022-070 Regular Council Worksession Draft Minutes March 15, 2022 Attachments: 2022 03 15 RWS Minutes 2. MC 2022-071 Regular Council Meeting Draft Minutes March 16, 2022 Attachments: 2022 03 16 RCM Minutes B. 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) C. Approval of staff recommendations: 1. MC 2022-062 Special Event Liquor License: Immaculate Conception Roman Catholic Parish - Mother’s Day Dinner & Dance Approve a Special Event Liquor License application, submitted by Carlos P. Hernandez on behalf of Immaculate Conception Roman Catholic Parish, for Mother’s Day Dinner & Dance. The event will take place at St. Ann’s Hall, 501 S. Avenue B, on Saturday, May 7, 2022, from 5:00 p.m. to 11:00 p.m. (SP22-09) (City Administration/ City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Special Event Liquor License: Immaculate Conception Roman Catholic Parish City of Yuma Page 2 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 2. MC 2022-063 Bid Award: Turf Remediation - Yuma Valley Area Park Authorize the purchase, delivery and installation of sod at Yuma Valley Area Park (YVAP) to the lowest responsible bidder, West Coast Turf of Palm Desert California, in the amount of $410,825.80. (Engineering/Parks and Recreation/Finance) - RFB-22-109) (Chris Young/Jason Nau/Robin R. Wilson) 3. MC 2022-064 Contract Award: Auctioneer Services Award to the lowest responsive and responsible bidder meeting specifications for Auctioneer Services, as needed, a one-year contract, with the option to renew four additional one-year periods to: A Smart Auction, Yuma, Arizona. (Finance - RFB-22-070) (Robin Wilson) 4. MC 2022-065 Cooperative Purchase Agreement: In-Car Video Recording System Authorize the purchase of an in-car video recording system to Axon Enterprise Inc., Scottsdale, Arizona, utilizing the Sourcewell cooperative purchase agreement for a total expenditure of $355,717.16 during a four-year period. (Police Department-CPA-22-148) (Susan Smith/Robin R. Wilson) 5. MC 2022-066 Grant Award Acceptance and Cooperative Purchase Agreement: Body-Worn Cameras and Accessories Authorize the Acting City Administrator to accept the grant award from the U.S. Department of Justice in the amount of $80,000 towards the purchase of 40 body-worn cameras and accessories to Axon Enterprise Inc., Scottsdale, Arizona, utilizing the Sourcewell cooperative purchase agreement for a total expenditure of $169,234.51 (Police Department-CPA-22-147) (Susan Smith/Robin R. Wilson) Attachments: 1. SUPP DOC Grant Award Acceptance: Body-worn cameras 6. MC 2022-067 Agreement: Arizona Department of Homeland Security-Overtime/Mileage Authorize the City Administrator to execute an agreement with the Arizona Department of Homeland Security for reimbursement of funds expended for overtime, mileage, and equipment for activities in support of Operation Stonegarden. (Police/Patrol) (Susan Smith) Attachments: 1. LTR AZDOHS Overtime/mileage 2.AGMT AZDOHS Overtime/mileage City of Yuma Page 3 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 7. MC 2022-068 Agreement: Arizona Department of Homeland Security-Equipment Authorize the City Administrator to execute an agreement with the Arizona Department of Homeland Security for reimbursement of funds expended for equipment being utilized for activities in support of Operation Stonegarden. (Police/Patrol) (Susan Smith) Attachments: 1. LTR AZDOHS Equipment 2. AGMT AZDOHS Equipment II. CITY OF YUMA 2022 GENERAL PLAN 1. R2022-011 Major General Plan Amendment: City of Yuma 2022 General Plan Following the December 15, 2021 public hearing, approve a resolution adopting the City of Yuma 2022 General Plan dated April 6, 2022. (GP-35235-2021) (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)(5 affirmative votes required for adoption) Attachments: 1. RES Major General Plan Amendment: COY 2022 General PLan III. 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. R2022-012 Adoption of City of Yuma’s American Rescue Plan Act Project List of Intended Uses Adopt a Resolution authorizing the Acting City Administrator to accept the City’s Coronavirus State and Local Fiscal Recovery Funds allocation of $23,071,661 and approve the City’s American Rescue Plan Act (ARPA) Project List of intended uses. (Administration) (Jay Simonton) Attachments: 1. RES ARPA Project List of Intended Uses 2. SUPP DOC ARPA Project List of Intended Uses City of Yuma Page 4 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 2. R2022-013 Development Fee Deferral: Cielo Verde Unit 2B Subdivision Adopt a resolution authorizing the City Administrator to execute an agreement deferring City of Yuma development fees and water and sewer capacity charges for Cielo Verde Unit 2B Subdivision, and collect a $500.00 administrative fee for the deferral agreement. (Engineering) (Chris Young) Attachments: 1. MAP Dev Fee Deferral: Cielo Verde Unit 2B Subdivision 2. RES Dev Fee Deferral: Cielo Verde Unit 2B Subdivision 3. AGMT Dev Fee Deferral: Cielo Verde Unit 2B Subdivision 3. R2022-014 Development Fee Deferral: Cielo Verde Unit 3 Phase 2 Subdivision Adopt a resolution authorizing the City Administrator to execute an agreement deferring City of Yuma development fees and water and sewer capacity charges for Cielo Verde Unit 3 Phase 2 Subdivision, and to collect a $500.00 administrative fee for the deferral agreement. (Engineering) (Chris Young) Attachments: 1. MAP Dev Fee Deferral: Cielo Verde Unit 3 Phase 2 Subdivision 2. RES Dev Fee Deferral: Cielo Verde Unit 3 Phase 2 Subdivision 3. AGMT Dev Fee Deferral: Cielo Verde Unit 3 Phase 2 Subdivision 4. R2022-015 Development Fee Deferral: Cielo Verde Unit 4 Phase 1 Subdivision Adopt a resolution authorizing the City Administrator to execute an agreement deferring City of Yuma development fees and water and sewer capacity charges for Cielo Verde Unit 4 Phase 1 Subdivision, and to collect a $500.00 administrative fee for the deferral agreement. (Engineering) (Chris Young) Attachments: 1. MAP Dev Fee Deferral: Cielo Verde Unit 4 Phase 1 Subdivision 2. RES Dev Fee Deferral: Cielo Verde Unit 4 Phase 1 Subdivision 3. AGMT Dev Fee Deferral: Cielo Verde Unit 4 phase 1 Subdivision 5. R2022-016 Development Fee Deferral: Cielo Verde Unit 6 Phase 1 Subdivision Adopt a resolution authorizing the City Administrator to execute an agreement deferring City of Yuma development fees and water and sewer capacity charges for Cielo Verde Unit 6 Phase 1 Subdivision, and to collect a $500.00 administrative fee for the deferral agreement. (Engineering) (Chris Young) Attachments: 1. MAP Dev Fee Deferral: Cielo Verde Unit 6 Phase 1 Subdivision 2. RES Dev Fee Deferral: Cielo Verde Unit 6 Phase 1 Subdivision 3. AGMT Dev Fee Deferral: Cielo Verde Unit 6 Phase 1 Subdivision City of Yuma Page 5 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 6. R2022-017 Intergovernmental Agreement: Phoenix Police Department/Arizona Internet Crimes Against Children Task Force Authorize the City Administrator to execute an Intergovernmental Agreement with the City of Phoenix regarding the Arizona Internet Crimes Against Children (ICAC) Task Force, allowing the Yuma Police Department to remain an active member of the task force and establishing the obligations of both parties. (Police/Investigations) (Susan Smith) Attachments: 1. LTR IGA: ICAC Task Force 2. RES IGA: ICAC Task Force 2. AGMT IGA: ICAC Task Force 7. R2022-018 Public Record Declaration: 2018 International Plumbing Code Declare the 2018 International Plumbing Code a public record and order three copies to remain on file with the City Clerk. (Building Safety)(Randall Crist) Attachments: 1. RES Public Record Declaration: 2018 IPC 8. R2022-019 Public Record Declaration: 2018 International Mechanical Code Declare the 2018 International Mechanical Code a public record and order three copies to remain on file with the City Clerk. (Building Safety)(Randall Crist) Attachments: 1. RES Public Record Declaration: 2018 IMC 9. R2022-020 Public Record Declaration: 2018 International Fuel Gas Code Declare the 2018 International Fuel Gas Code a public record and order three copies to remain on file with the City Clerk. (Building Safety)(Randall Crist) Attachments: 1. RES Public Record Declaration: 2018 IFGC 10. R2022-021 Public Record Declaration: NFPA 70 National Electrical Code 2020 Edition Declare the NFPA 70 National Electrical Code 2020 Edition a public record and order three copies to remain on file with the City Clerk. (Building Safety)(Randall Crist) Attachments: 1. RES Public Record Declaration: NEC 2020 Edition City of Yuma Page 6 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 IV. 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. O2022-002 Declare Real Property Surplus and Authorize Sale or Exchange: Southwest Corner 24th Street and 33rd Drive Declare vacant City of Yuma owned real property surplus and authorize the sale of the property located at the Southwest Corner of 24th Street & 33rd Drive (APN: 694-02-091). (City Attorney) (Richard Files) Attachments: 1. MAP Declare Surplus and Authorize Sale: SWC 24th St. and 33rd Dr. 2. ORD Declare Surplus and Authorize Sale: SWC 24th St. & 33rd Dr. 2. O2022-003 Declare Real Property Surplus and Authorize Sale or Exchange: 650 and 696 South Madison Avenue Declare vacant City of Yuma owned real property surplus and authorize the sale of the properties located at 650 S. Madison Avenue (APN 633-60-059) and 696 S. Madison Avenue (APN 633-60-061) (City Attorney) (Richard Files) Attachments: 1. MAP Declare Surplus and Authorize Sale: 650 and 696 S. Madison Ave 2. ORD Declare Surplus and Authorize Sale: 650 and 696 S. Madison Ave V. 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. O2022-004 Amend Yuma City Code Title 3, Section 39: Court Technology Fee Amend Yuma City Code Title 3, Section 39 to allow the Yuma Municipal Court (Court) to assess a $10.00 Court Technology Fee to offset the technology cost associated with each case. (Municipal Court) (Del Miller) Attachments: 1. ORD Amend Yuma City Code-Court Technology Fee City of Yuma Page 7 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 2. O2022-005 Rezoning of Property: 12th Street between S. Castle Dome Avenue and S. Pacific Avenue Rezone approximately 4.1 acres from the Agriculture (AG) District to the General Commercial/Aesthetic Overlay (B-2/AO) District, for the property located on 12th Street between S. Castle Dome Avenue and S. Pacific Avenue, Yuma, Arizona. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezoning: 12th St between S. Castle Dome Ave and S. Pacific Ave 2. ORD Rezoning: 12th St between S. Castle Dome Ave and S. Pacific Ave 3. O2022-006 Rezoning of Property: Avenue A and 3rd Street Approve the rezoning of approximately 0.79 acres from the General Commercial (B-2) District to the Medium Density Residential (R-2) District, while maintaining the Infill Overlay (IO) District, for the property located at 271 S. Avenue A, Yuma, AZ. (SUBD-37971-2021) (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezone: Avenue A and 3rd Street 2. ORD Rezone: Avenue A and 3rd Street 4. O2022-007 Right-of-Way Acquisition: 28th Street Road Widening Authorize the acquisition of rights-of-way necessary for the construction/widening of 28th Street between 45th Avenue and 33rd Drive. (Engineering) (Chris Young) Attachments: 1. ORD Right-of-Way Acquisition: 28th Street Road Widening 2. DIAGRAM Right-of-Way Acquisition: 28th Street Road Widening VI. PUBLIC HEARING AND RELATED ITEMS 1. MC 2022-069 Annexation Area No. ANEX-36475-2021: Northeast Corner of Interstate 8 and Avenue 3E This is a public hearing to consider the annexation of property located at the northeast corner of Interstate 8 and Avenue 3E. (ANEX-36475-2021). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: NEC of I-8 and Ave 3E 2. RESEARCH Annex: NEC of I-8 and Ave 3E 3. MAP Annex: NEC of I-8 and Ave 3E City of Yuma Page 8 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. VII. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: • Clean and Beautiful Commission - one appointment • Library District Board of Trustees - one appointment 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 March 17, 2022 through April 6, 2022. 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. VIII. 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. City of Yuma Page 9 Printed on 3/31/2022 City Council Meeting Agenda April 6, 2022 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. 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 an ADEQ matter. (A.R.S. 38-431.03 A3 & A4) B. Discussion, consultation with and/or instruction to legal counsel regarding potential contract litigation. (A.R.S. 38-431.03 A3 & A4) C. Discussion, consultation with and/or instruction to legal counsel regarding Yuma County Intergovernmental Public Transportation Authority. (A.R.S. 38-431.03 A3 & A4) D. Discussion, consultation with and/or instruction to legal counsel regarding potential sale of City-owned properties located at 3199 S. Elm Street, 3196 S. Elm Street, 2391 S. 6th Avenue, southeast corner of 4th Street and Avenue A, and northwest corner of 1st Street and 4th Avenue. (A.R.S. 38-431.03 A3, A4 & 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 10 Printed on 3/31/2022