City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, May 4, 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 May 4, 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. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL City of Yuma Page 1 Printed on 4/28/2022 City Council Meeting Agenda May 4, 2022 FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS • Reading of Proclamation Relating to Nurses Month • Presentation of the HOME-ARP Allocation Plan 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 2022-089 Regular Council Meeting Draft Minutes April 20, 2022 Attachments: 2022 04 20 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 2022-081 Liquor License: Yuma Liquor Approve a Series #09 Liquor Store Liquor License Location/Owner Transfer application submitted by Delon Sabah Ablahad, agent for Yuma Liquor located at 2395 S. 4th Avenue, Suite 84. (LL22-06) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Liquor License: Yuma Liquor City of Yuma Page 2 Printed on 4/28/2022 City Council Meeting Agenda May 4, 2022 2. MC 2022-082 Bid Award: Pavement Replacement - Country Club Estates & Country Club Manor Subdivisions Authorize the City Administrator to execute a contract for construction services for Pavement Replacement - Country Club Estates & Country Club Manor Subdivisions, to the lowest responsive and responsible bidder in the amount of $879,000 to: DPE Construction, Inc. Yuma, AZ (Engineering RFB-22-120) (Chris Young/Robin R. Wilson) 3. MC 2022-083 Contract Award: Integrated Water Resources Master Plan Authorize the City Administrator to execute a contract for an Integrated Water Resources Master Plan to Carollo Engineers Inc., Phoenix, AZ for $499,278.00. (Engineering-RFQ-21-095) (Chris Young/ Jeremy McCall/Robin R. Wilson) 4. MC 2022-084 Cooperative Purchase Agreement: Audio Visual Upgrade Authorize the purchase of Audio Visual Equipment from Bluum USA, Inc., Phoenix, AZ, utilizing a Mohave cooperative purchase agreement for a total expenditure of approximately $113,538.48. (Administration-GNT-22-160) (Jennifer Reichelt/Robin R. Wilson) 5. MC 2022-085 Ratification: Main Street Water Treatment Plant Filters 5-8 Rehabilitation/Upgrade Phase 2 Ratify the approval of a purchase order for the Main Street Water Treatment Plant Filters 5-8 Rehabilitation/Upgrade Phase 2 to Kay Constructors, LLC, Goodyear, AZ for an increase of $777,582.00 for a total expenditure of $3,756,182.00. (Engineering-Bid #2021-20000006) (Chris Young/Jeremy McCall/Robin R. Wilson) 6. MC 2022-086 Grant Award Acceptance- State of Arizona Department of Emergency and Military Affairs Border Security Authorize the City Administrator to accept the State of Arizona Department of Emergency and Military Affairs Border Security Grant. (Police/Patrol) (Susan Smith) Attachments: 1. AGMT State of AZ Dept of Emergency and Military Affairs Border Security 7. MC 2022-087 Infrastructure & Services Report: ANEX-36479-2021 Ironwood Golf Course Approve an Infrastructure and Services Report for Annexation Area No. ANEX-36479-2021, identified as the Ironwood Golf Course Annexation, located at 2945 W. 8th Street. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) City of Yuma Page 3 Printed on 4/28/2022 City Council Meeting Agenda May 4, 2022 8. MC 2022-088 Infrastructure & Services Report: ANEX-36475-2021 Yuma Real Estate Approve an Infrastructure and Services Report for Annexation Area No. ANEX-36475-2021, identified as the Yuma Real Estate Annexation, located at the northeast corner of Interstate 8 and Avenue 3E. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) 9. MC 2022-090 Guaranty: Greater Yuma Port Authority (GYPA) Infrastructure Loan from Yuma County Authorize the City Administrator to execute a guaranty, in substantially similar form as the attached Guaranty, confirming the City of Yuma will act as Guarantor of the 33 1/3% of the loan balance for a Greater Yuma Port Authority infrastructure loan for the Magrino Industrial Park from Yuma County. (Admin/Economic Development) (Jay Simonton) Attachments: 1. AGR Guaranty: GYPA Infrastructure Loan 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. R2022-025 RAISE Grant Award: Federal Transit Administration (FTA) Adopt a resolution authorizing the City Administrator to apply for and act on behalf of the City of Yuma with regard to Federal Transit Administration grants. (Administration) (Jay Simonton) Attachments: 1. RES RAISE Grant Award: Federal Transit Authority 2. R2022-026 Development Fee Deferral: Desert Sands Unit No. 2 Subdivision Adopt a resolution authorizing the City Administrator to execute an agreement to defer City of Yuma development fees and water and sewer capacity charges for Desert Sands Unit No. 2 Subdivision, and to collect a $500.00 administrative fee for the deferral agreement. The effective term of the deferral agreement is for three years from date of execution. (Chris Young) (Engineering) Attachments: 1. MAP Dev Fee Deferral: Desert Sands Unit No. 2 Subdivision 2. RES Dev Fee Deferral: Desert Sands Unit No. 2 Subdivision 3. AGMT Dev Fee Deferral: Desert Sands Unit No. 2 Subdivision City of Yuma Page 4 Printed on 4/28/2022 City Council Meeting Agenda May 4, 2022 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. O2022-008 Amend Yuma City Code: 2018 International Plumbing Code and the Local Amendments dated December 15, 2021 Amend Yuma City Code Chapter 150, Sections 150-060 and 150-061 (Building Safety/ Building Safety)(Randall Crist) Attachments: 1. ORD International Plumbing Code 2. O2022-009 Amend Yuma City Code: 2018 International Mechanical Code and the Local Amendments dated December 15, 2021 Amend Yuma City Code Chapter 150, Sections 150-045 and 150-046. (Building Safety/ Building Safety)(Randall Crist) Attachments: 1. ORD Mechanical Code 3. O2022-010 Amend Yuma City Code: 2018 International Fuel Gas Code and the Local Amendments dated January 12, 2022 Amend Yuma City Code Chapter 150, Sections 150-065 and 150-067. (Building Safety/ Building Safety)(Randall Crist) Attachments: 1. ORD Fuel Gas Code 4. O2022-011 Amend Yuma City Code: NFPA 70 National Electrical Code 2020 Edition and the Local Amendments dated February 2, 2022 Amend Yuma City Code Chapter 150, Sections 150-076 and 150-077. (Building Safety/ Building Safety)(Randall Crist) Attachments: 1. ORD Electric Code 5. O2022-012 Declare Real Property Surplus and Vacate of Right-of-Way: Northwest Corner of 25th Lane and Avenue C Declare certain City owned right-of-way north of the northwest corner of 25th Lane and Avenue C surplus for City use and authorize the vacation of the surplus right-of-way to the adjacent property owners of Lots 82, 83, 84, 85, 86 of the Park West Unit No. 1 subdivision pursuant to A.R.S. § 28-7205 upon the recordation of the lot tie for each of the five lots. (City Attorney's Office) (Richard Files) Attachments: 1. ORD Declare Surplus and Vacate Right-of-Way: NW Corner of 25th Ln and Ave C City of Yuma Page 5 Printed on 4/28/2022 City Council Meeting Agenda May 4, 2022 6. O2022-013 Right-of-Way Acquisition: Avenue 4E Sewer Line Extension Authorize the acquisition of right-of-way necessary for the construction and operation of a 15-inch sanitary sewer line along Avenue 4E (Engineering)(Chris Young) Attachments: 1. ORD Right-of-Way Acquisition: Ave 4E Sewer Line Extension 7. O2022-014 Ratification of a Grant of Easement Ratify the acquisition of an easement west of the southwest corner of East Palo Verde Street and South Avenue 3E. (City Attorney’s Office)(Richard Files) Attachments: 1. ORD Ratification of a Grant of Easement: Yuma Mesa Storage 8. O2022-015 Assignment and Partial Termination of Master Development and Disposition Agreement and Phase Two Lease Approve the attached Termination of the Yuma Pivot Point Phase Two Amended and Restated Land and Improvements Lease; Partial Termination of the Yuma Pivot Point Amended and Restated Phase Two Component Development and Disposition Agreement; Assignment of Master Developer and Phase Two Component Developer’s Interests and Duties to the Municipal Property Corporation as Successor Master Developer; Termination of the Master Development and Disposition Agreement (Master DDA) as to Certain Parcels with the Exception of the Pivot Point Hotel and Conference Center Parcel and the Home2 Suites Parcel; and Mutual Release Between the Parties. (City Attorney) (Richard W. Files) Attachments: 1. ORD Assignment and Partial Termination of Master DDA and Phase Two Lease 2. AGMT Assignment and Partial Termination of Master DDA and Phase Two Lease 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. O2022-016 Amend Yuma City Code: Title 13, Chapter 131, Section 16 Amend the Yuma City Code to include an amendment to the NFPA 1 Fire Code 2018. (Fire/Community Risk Reduction) (Dusty Fields/Kayla Franklin) Attachments: 1. ORD Yuma City Code Amendment City of Yuma Page 6 Printed on 4/28/2022 City Council Meeting Agenda May 4, 2022 2. O2022-017 Annexation Area No. ANEX-36479-2021: Ironwood Golf Course Authorize annexation of property located at 2945 W. 8th Street. (ANEX-36479-2021) (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: Ironwood Golf Course 2. ORD Annex: Ironwood Golf Course 3. MAP Annex: Ironwood Golf Course 3. O2022-018 Annexation Area No. ANEX-36475-2021: Yuma Real Estate Authorize 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: Yuma Real Estate 2 ORD Annex: Yuma Real Estate 3 MAP Annex: Yuma Real Estate V. PUBLIC HEARING AND RELATED ITEMS 1. R2022-027 Minor General Plan Amendment: Ironwood Golf Course Hold a Public Hearing and approve the request to amend the City of Yuma General Plan to change the land use designation from Medium Density Residential to High Density Residential, for property located at 2945 W. 8th Street. The applicant is Ironwood of Yuma, LLC. (GP-37503-2021) (Planning and Neighborhood Services) (Alyssa Linville) Attachments: 1. P&Z RPT GP Amendment: Ironwood Golf Course 2. RES GP Amendment: Ironwood Golf Course FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 7 Printed on 4/28/2022 City Council Meeting Agenda May 4, 2022 VI. 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 April 21, 2022 through May 4, 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. 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. 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 4/28/2022 City Council Meeting Agenda May 4, 2022 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 possible loan guarantee on behalf of the Greater Yuma Port Authority. (A.R.S. 38-431.03 A3, A4 & A7) B. Discussion, consultation with and/or instruction to legal counsel regarding HUD/HOME loan matter. (A.R.S. 38-431.03 A3 & A4) C. Discussion, consultation with and/or instruction to legal counsel regarding potential sale of real property. (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 9 Printed on 4/28/2022