City Council Meeting

City of Yuma City Council Meeting REVISED Agenda Wednesday, June 15, 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 June 15, 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 6/13/2022 City Council Meeting Agenda June 15, 2022 FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS • Reading of Proclamation regarding Elder Abuse Awareness Day 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 2022-107 Regular Council Meeting Draft Minutes May 18, 2022 Attachments: 2022 05 18 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 2022-109 Permanent Extension of Premises: Prison Hill Brewing Co. Approve a Permanent Extension of Premises/Patio Permit application submitted by Chris Wheeler, agent for Prison Hill Brewing Co. located at 278 S. Main Street. (EP22-03) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Permanent Extension of Premises: Prison Hill Brewing Co. 2. MC 2022-110 Permanent Extension of Premises: Pint House Approve a Permanent Extension of Premises/Patio Permit application submitted by Amy Biallas, agent for Pint House located at 265 S. Main Street Ste. A. (EP22-02) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Permanent Extension of Premises: Pint House City of Yuma Page 2 Printed on 6/13/2022 City Council Meeting Agenda June 15, 2022 3. MC 2022-074 Ratification: Landscaping Maintenance Ratify and approve the contract for Landscape Maintenance to JSA Company, Yuma, Arizona, for the Yuma Valley Area Park (YVAP) at 3162 W. 24th Street for a total expenditure of $138,550.00 (Parks & Recreation-Bid #2020-20000098) (Jason Nau/ Robin R. Wilson) 4. MC 2022-104 Term Extension: Yuma Crossing National Heritage Area Corporation Agreements Authorize the City Administrator to execute an addendum to extend the term of the following agreements with the Yuma Crossing National Heritage Area Corporation for approximately one year: 1. Lease: Yuma Crossing National Heritage Area Corporation for Historic City Hall 2. Operation and Maintenance Agreement: Yuma Territorial Prison State Historic Park 3. Operation and Maintenance Agreement: Colorado River State Historic Park 4. Agreement: Yuma Crossing National Heritage Area Corporation (City Administration)(John Simonton) Attachments: 1. AGRMT: YCNHAC Term Extension 5. MC 2022-105 Renewal of City’s Insurance Coverage for Fiscal Year 2023 Authorize insurance coverage for Property, Public Liability (including Employee Benefits, Public Officials, Employment Practices, Liquor, Law Enforcement and Auto), Excess Liability, Crime/Dishonesty, Excess Workers Compensation, Cyber Liability and Automobile Damage coverage for Fiscal Year (FY) 2023 for the total amount of $1,435,832.00 to: Willis Towers Watson Insurance Services West Inc., Dallas, Texas (City Attorney-RFP #2018-20000061) (Richard W. Files/Robin Wilson) 6. MC 2022-106 Fiscal Year 2021 Annual Comprehensive Financial Report and Associated Financial Reports Accept the Fiscal Year 2021 Annual Comprehensive Financial Report (ACRF) and Associated Financial Reports. (Finance) (Doug Allen) Attachments: 1. RPT FY2021 ACFR: Annual Comprehensive Financial Report 2. SUPP DOC FY2021 ACFR: AELR 2021 3. SUPP DOC FY2021 ACFR: HURF Accountant's Report 2021 4. SUPP DOC FY2021 ACFR: COY Single Audit 2021 City of Yuma Page 3 Printed on 6/13/2022 City Council Meeting Agenda June 15, 2022 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. R2022-031 Election Consolidation, Voting Center Locations, and the Election Board Adopt the voting center locations and consolidation of the precincts, and appoint an election board for the 2022 City of Yuma Primary and General Elections to be held August 2, 2022 and November 8, 2022, respectively. (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. RES Election Consolidation, Vote Center Locations & Election Board 2. EXH A Election Consolidation, Vote Center Locations & Election Board 2. R2022-032 Municipal Improvement District No. 119: Desert Sands Unit 3 - Order Improvements Order Improvements for Municipal Improvement District (MID) No. 119 to serve Desert Sands Unit 3 to operate, maintain and repair landscaping improvements within, near and adjacent to the retention and detention basins and parkings and parkways and related facilities together with appurtenant structures (Landscape Improvements); declaring the Landscape Improvements to be of more than local or ordinary benefit, and that the costs of the Landscape Improvements for MID No. 119 shall be assessed upon the properties in MID No. 119; providing that the proposed Landscape Improvements shall be performed under Arizona Revised Statutes Title 48, Chapter 4, Article 2. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. RES MID 119: Desert Sands Unit 3 - Order Improvements 2. EXH A&B MID 119: Desert Sands Unit 3 - Order Improvements 3. R2022-034 Annual Public Safety Personnel Retirement System Funding Policy for Fiscal Year 2023 Adopt the annual Public Safety Personnel Retirement System (PSPRS) funding policy for Fiscal Year 2023, as required under Arizona Revised Statutes (A.R.S.) § 38-863.01. (Finance) (Doug Allen) Attachments: 1. RES Annual PSPRS Funding Policy 2. POLICY Annual PSPRS Funding Policy City of Yuma Page 4 Printed on 6/13/2022 City Council Meeting Agenda June 15, 2022 III. 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. O2022-021 Rezoning of Property: Avenue 8E and 36th Street Rezone approximately 36.11 acres from the Medium Density Residential/Planned Unit Development (R-2/PUD) District to the Medium Density Residential (R-2) District, for the property located at the northwest corner of Avenue 8E and 36th Street, Yuma, Arizona (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezone: Avenue 8E and 36th Street 2. ORD Rezone: Avenue 8E and 36th Street 2. O2022-022 Rezoning of Property: 1168 S. 3rd Avenue Rezone approximately 7,000 square feet from the General Commercial (B-2) District to the Medium Density Residential (R-2) District, while maintaining the existing Infill Overlay (IO) District, for the property located 1168 S. 3rd Avenue. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezone: 1168 S. 3rd Avenue 2. ORD Rezone: 1168 S. 3rd Avenue 3. O2022-023 Lease Agreement: Boys & Girls Club of the Valley Authorize the City Administrator to execute a lease agreement with the Boys & Girls Clubs of the Valley for City-owned property located at 1100 S. 13th Avenue (Administration) (Jennifer Reichelt) Attachments: 1. ORD Lease Agreement: Boys & Girls Club of the Valley 2. EXH A Lease Agreement: Boys & Girls Club of the Valley 4. O2022-027 Fiscal Year 2022 Transfer of Appropriations Amend FY 2022 Budget to authorize a transfer of appropriations in certain funds and programs with corresponding revenue and expenditure / expense capacity. (Finance) (Doug Allen) Attachments: 1. ORD FY 2022 Transfer of Appropriations City of Yuma Page 5 Printed on 6/13/2022 City Council Meeting Agenda June 15, 2022 IV. PUBLIC HEARING The following Public Hearing may result in the Introduction of Ordinance O2022-024 1. O2022-024 Statutory Compliance Hearing/Amendment: Ordinance O2007-02 Conduct a public hearing pursuant to A.R.S. § 9-462.01 to determine compliance with the conditions of approval for rezoning Ordinance O2007-02, and introduce an ordinance to amend O2007-02 to extend the time to comply with the rezoning conditions. (Planning and Neighborhood Services / Community Planning) (Alyssa Linville) Attachments: 1. ORD Statutory Compliance: SWC 24th Street and 33rd Drive 2. MAP Statutory Compliance: SWC 24th Street and 33rd Drive 2. MC 2022-108 Public Hearing: City of Yuma Primary Property Tax Levy, Main Street Mall and Off Street Parking Maintenance District No. 1, Levy for 11 Municipal Improvement Districts (MID), and Final Budget Adoption for Fiscal Year 2023 ..end SUMMARY RECOMMENDATION: Conduct a combined public hearing on the proposed City of Yuma primary property tax levy; the Main Street Mall and Off Street Parking Maintenance District No. 1 expenditures and levy, as well as for the 11 Municipal Improvement Districts including: Park West Units 4 and 5 (MID No. 100), Cielo Verde Unit Three Phases 1 and 2 (MID No. 102), Desert Sky Unit 1 (MID No. 104), Saguaro Units 3 and 4 (MID No. 107), Driftwood Ranch Units 1 and 2 (MID No. 108), Livingston Ranch Unit No. 2 (MID No. 109), Desert Sands Unit No. 1 (MID No 110), Villa Serena Unit No. 1 (MID No. 111), Araby North Subdivision (MID No. 112), Autumn Valley Subdivision (MID No. 113), La Estancia Subdivision (MID No. 115); and the proposed revenues and expenditures (budget) for Fiscal Year 2023 pursuant to A.R.S. § 42-17104. The City of Yuma expenditure budget for Fiscal Year 2023 of $413,778,129 includes a Capital Improvement Program Budget of $180,732,660 and an Operating Expenditure Budget of $233,045,469. Following the close of the public hearing, City Council may open a special meeting to adopt the proposed budget resolution, which includes a 3% increase in solid waste fees. (Administration/Finance) (Jay Simonton/Doug Allen) City of Yuma Page 6 Printed on 6/13/2022 City Council Meeting Agenda June 15, 2022 V. SPECIAL MEETING: Discussion and Possible Action to Adopt Resolution R2022-033 relating to the FY2023 Final Budget City Council will convene a Special Meeting in accordance with Arizona law to consider adoption of the final budget for Fiscal Year 2023. 1. R2022-033 Final Budget Adoption for Fiscal Year 2023 Adopt the City of Yuma’s final budget for Fiscal Year 2023 in the amount of $413,778,129 which includes a Capital Improvement Program Budget of $180,732,660 and an Operating Expenditure Budget of $233,045,469. The adoption of the proposed budget resolution includes a 3% increase in solid waste fees and establishes the budgets for the 11 Municipal Improvement Districts (MID’s) and Main Street Mall and Off Street Parking Maintenance District No. 1. (Administration/Finance) (Jay Simonton/ Doug Allen) Attachments: 1. RES Final Budget Adoption 2. SCH A-G Final Budget Adoption RECONVENE REGULAR MEETING ADDITIONAL BUDGET RELATED ITEMS 1. O2022-025 Adopt the Fiscal Year 2023 City of Yuma Primary Property Tax Levy, the Main Street Mall and Off Street Parking Maintenance District No. 1 Property Tax Levy, and 11 Municipal Improvement District (MID) Tax Levies Adopt the Fiscal Year 2023 Primary Property Tax Levy, the Main Street Mall and Off Street Parking Maintenance District No. 1 Property Tax Levy, and MID Tax Levies for Park West Units 4 and 5 (MID No. 100), Cielo Verde Unit Three Phases 1 and 2 (MID No. 102), Desert Sky Unit 1 (MID No. 104), Saguaro Units 3 and 4 (MID No. 107), Driftwood Ranch Units 1 and 2 (MID No. 108), Livingston Ranch Unit No. 2 (MID No. 109), Desert Sands Unit No. 1 (MID No 110), Villa Serena Unit No. 1 (MID No. 111), Araby North Subdivision (MID No. 112), Autumn Valley Subdivision (MID No. 113), and La Estancia Subdivision (MID No. 115)(Administration/Finance) (Jay Simonton/Doug Allen) Attachments: 1. ORD Tax Levy for FY 2023 FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 7 Printed on 6/13/2022 City Council Meeting Agenda June 15, 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 June 2, 2022 through July 15, 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 6/13/2022 City Council Meeting Agenda June 15, 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 the Thompson v. Carpenter, City of Yuma, et al. lawsuit. (A.R.S. 38-431.03 A3 & A4) B. Discussion, consultation with and/or instruction to legal counsel concerning City insurance coverages, risk analysis, and policy premiums. (A.R.S. 38-431.03 A3 & A4) C. Discussion, consultation with, and/or instruction to legal counsel regarding cash handling and reconciliation policies from the FY 2021 audit results, the resulting Corrective Action Plan, and possible civil remedies. (A.R.S. 38-431.03 A3 & A4). ADDITION 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 6/13/2022