City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, July 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 July 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 July 5, 2022, has been cancelled. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE City of Yuma Page 1 Printed on 7/1/2022 City Council Meeting Agenda July 6, 2022 ROLL CALL FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. PRESENTATIONS • Officer Recognition from Yuma Fire Department 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 2022-111 Regular Council Meeting Draft Minutes May 17, 2022 Attachments: 2022 05 17 RWS Minutes 2. MC 2022-123 Regular Council Meeting Draft Minutes June 1, 2022 Attachments: 2022 06 01 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 2022-112 Liquor License: Bluefox Restaurant Approve a Series #12 Restaurant Liquor License application submitted by Anand Sabapathy, agent for Bluefox Restaurant located at 2355 S. 4th Avenue. (LL22-08) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: Map - Bluefox Restaurant City of Yuma Page 2 Printed on 7/1/2022 City Council Meeting Agenda July 6, 2022 2. MC 2022-114 Permanent Extension of Premises: Jimmie Dee’s Bar Approve a Permanent Extension of Premises/Patio Permit application submitted by Richard Good, agent for Jimmie Dee’s Bar located at 38 W. 2nd Street. (EP22-04) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Permanent Extension of Premises: Jimmie Dee's Bar 3. MC 2022-115 Bid Award: PVC Plastic Pipe, Fittings and Related Accessories Award the most responsive and responsible bidders a one-year contract for the purchase PVC plastic pipe, fittings and related accessories with an option to renew for four additional one-year periods with an estimated annually combined total expenditure of $65,000 to both Yuma Nursery and Yuma Winnelson, located in Yuma, AZ. (Utilities-RFB-22-161) (Jeremy McCall/Robin R. Wilson) Attachments: 1. SUPP DOC Bid Award: PVC Plastic Pipe, Fittings and Related Accessories 4. MC 2022-116 Sole Source Contract: SCADA Service and Replacement Parts Authorize the purchase of replacement SCADA Turbidimeters, Dissolved Oxygen Meter parts and technical service for chlorine analyzers from Hach Company, Loveland, CO for an estimated annual expenditure of $160,000.00 for the next five years. (Utilities SS-22-081) (Jeremy McCall/Robin R. Wilson) 5. MC 2022-117 Agreement: Wastewater Treatment Sewer Service for Marine Corps Air Station- Yuma Authorize execution of an agreement for Wastewater Treatment Sewer Service with Marine Corps Air Station (MCAS) Yuma. (Utilities Department/Administration) (Jeremy McCall) Attachments: 1. AGMT Wastewater Treatment: MCAS 6. MC 2022-118 Agreement: Humane Society of Yuma Authorize the City Administrator to execute a three-year agreement with the Humane Society of Yuma (HSOY) to provide animal services to residents of the City of Yuma. (Police/Admin)(Susan Smith) Attachments: 1. AGMT HSOY Contract City of Yuma Page 3 Printed on 7/1/2022 City Council Meeting Agenda July 6, 2022 7. MC 2022-119 Agreements: State & Local Fiscal Recovery Funds/American Rescue Plan Act (ARPA) Subrecipient Agreements Authorize the City Administrator to execute three Subrecipient Agreements, totaling $600,000, awarding ARPA funding to nonprofit agencies in accordance with the adoption of Resolution R2022-012 on April 6, 2022. (Planning & Neighborhood Services/Neighborhood Services) (Rhonda Lee-James). Attachments: 1. AGMT Subrecipient Agreement: HACY 2. AGMT Subrecipient Agreement: Yuma Crossing National Heritage Area 3. AGMT Subrecipient Agreement: Boys and Girls Club 8. MC 2022-120 2022 Annual Action Plan - Community Development Block Grant and HOME Investment Partnerships Program Approve the City of Yuma 2022 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) Annual Action Plan and authorize the City Administrator to execute funding agreements with the U.S. Department of Housing and Urban Development (HUD). (Planning & Neighborhood Services/Neighborhood Services) (Rhonda Lee-James) Attachments: 1. PLAN Annual Action Plan 2022 II. 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. O2022-021 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 City of Yuma Page 4 Printed on 7/1/2022 City Council Meeting Agenda July 6, 2022 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. O2022-024 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 City of Yuma Page 5 Printed on 7/1/2022 City Council Meeting Agenda July 6, 2022 5. 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 6. 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 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. O2022-028 Declare Real Property Surplus and Authorize Sale or Exchange: Southeast Corner of Avenue A and 4th Street Declare vacant City of Yuma owned real property surplus and authorize the sale of the surplus property located at the southeast corner of Avenue A and 4th Street. (City Attorney)(Richard Files) Attachments: 1. MAP Surplus Property SEC Ave A and 4th St 2. ORD Surplus Property SEC Ave A and 4th St City of Yuma Page 6 Printed on 7/1/2022 City Council Meeting Agenda July 6, 2022 2. O2022-029 Vacate Surplus Right-Of-Way to the Abutting Property Owner: Santana 142 Holdings, L.L.C. Declare certain right-of-way along Avenue 7½E and 36th Street surplus and authorize vacating of the surplus right-of-way to the abutting property owner pursuant to Arizona Revised Statutes § 28-7205(2). (Alyssa Linville) Attachments: 1. MAP Vacate Surplus Right-Of-Way - Santana 142 Holdings, L.L.C. 2. ORD Vacate Surplus Right-Of-Way - Santana 142 Holdings, L.L.C. 3. EXHIBIT A Vacate Surplus Right-Of-Way - Santana 142 Holdings, L.L.C. 4. EXHIBIT B Vacate Surplus Right-Of-Way - Santana 142 Holdings, L.L.C. IV. PUBLIC HEARING AND RELATED ITEMS 1. MC 2022-121 Annexation Area No. ANEX-39272-2022: Curtis This is a public hearing to consider the annexation of property located at 3182 W. Iron Drive. (ANEX-39272-2022). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: Curtis 2. P&Z RPT: Annex: Curtis 3. MAP Annex: Curtis 2. MC 2022-122 Annexation Area No. ANEX-39735-2022: Faulkner This is a public hearing to consider the annexation of property located at 868 and 920 S. Avenue B. (ANEX-39735-2022). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1 PET Annex: Faulkner 2 P&Z RPT Annex: Faulkner 3 MAP Annex: Faulkner FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. City of Yuma Page 7 Printed on 7/1/2022 City Council Meeting Agenda July 6, 2022 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 June 16, 2022 through July 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. 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. 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: There are no additional executive session items scheduled at this time. City of Yuma Page 8 Printed on 7/1/2022 City Council Meeting Agenda July 6, 2022 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 7/1/2022