City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, September 7, 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. 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 September 6, 2022, has been cancelled. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL FINAL CALL Final call for submission of Speaker Request Forms for agenda related items. City of Yuma Page 1 Printed on 9/1/2022 City Council Meeting Agenda September 7, 2022 PRESENTATIONS • Briefing of the upcoming Marine Corps Air Station-Yuma (MCAS) WTI Exercise • Greater Yuma Port Authority Update 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 2022-158 Regular Council Worksession Draft Minutes July 19, 2022 Attachments: 2022 07 19 RWS Minutes 2. MC 2022-159 Regular Council Meeting Draft Minutes August 17, 2022 Attachments: 2022 08 17 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 2022-147 Special Event Liquor License: St. Francis of Assisi Roman Catholic Parish - Fiesta de St. Francis Approve a Special Event Liquor License application submitted by Todd Taylor on behalf of St. Francis of Assisi Roman Catholic Parish for Fiesta de St. Francis. The event will take place at St. Francis of Assisi Roman Catholic Parish, 1815 S. 8th Avenue, on Friday, September 30, 2022, from 6:00 p.m. to 12:00 a.m. (SP22-14) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Special Event Liquor License: St. Francis of Assisi Roman Catholic Parish City of Yuma Page 2 Printed on 9/1/2022 City Council Meeting Agenda September 7, 2022 2. MC 2022-148 Special Event Liquor License: Yuma Crossing National Heritage Area - Arizona Preservation Conference Welcome Reception Approve a Special Event Liquor License application submitted by Charles Flynn on behalf of the Yuma Crossing National Heritage Area for the Arizona Preservation Conference Welcome Reception. The event will take place at the Colorado River State Historic Park, 201 N. 4th Avenue, on Wednesday, October 19, 2022, from 5:00 p.m. to 11:00 p.m. (SP22-13) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Special Event Liquor License: Yuma Crossing National Heritage Area 3. MC 2022-149 Bid Award: Pest Control Services Award to the lowest responsive and responsible bidders, a one-year contract for pest control services with an option to renew for four additional one-year periods, depending on the appropriation of funds and satisfactory performance, for an estimated expenditure of $40,000.00 annually to Empire Pest, Inc. and Advocate Pest & Wildlife Specialists of Yuma, AZ (RFB-22-188 Pest Control Services) (Justin Lewis/Robin R. Wilson) Attachments: 1. SUPP DOC Bid Award Results 4. MC 2022-150 Bid Award: Tree, Shrub and Bush Trimming Services Authorize the award of a one-year contract with the option to renew for four additional one-year periods, one period at a time, to the two lowest responsive and responsible bidders: Arbor Tech, Yuma, and All Star Tree Service LLC, Yuma, for an estimated total annual expenditure of $120,000.00. (Parks & Recreation and Public Works) (RFB-22-177 Eric Urfer/Joel Olea/Robin R. Wilson) Attachments: SUPP DOC Price Comparison 5. MC 2022-151 Bid Rejection: Streetlight Repairs, Materials and Full Replacements Pursuant to Yuma City Code §36-36, staff is recommending rejection of the single bid received for Streetlights (Standard and Non-Standard): Repairs, Materials and Full Replacements due to a non-responsive delivery time line. (Public Works-RFB-22-183) (Joel Olea/Robin R. Wilson) City of Yuma Page 3 Printed on 9/1/2022 City Council Meeting Agenda September 7, 2022 6. MC 2022-152 Contract Award: Asphalt and Concrete Maintenance Services Authorize and award the paving of the former Public Works fleet shop maintenance yard utilizing the Asphalt and Concrete Maintenance Services RFP at an expenditure of $113,978.00 to: Gutierrez Canales Engineering, Yuma, AZ (Public Works/Utilities/ Engineering-RFQ-22-089) (Joel Olea/Robin R. Wilson) 7. MC 2022-153 Contract Award: Electrical Services Authorize the City Administrator to execute a one-year contract for Electrical Services: Streetlights, Traffic Signal Poles and Lift Station Repairs with the option to renew for four additional one-year periods, one period at a time, depending on the appropriation of funds and satisfactory performance to Westmoor Electric, Inc., Yuma. (Public Works / Streets - RFQ-22-181) (Joel Olea / Robin R. Wilson) 8. MC 2022-154 Subscription Renewal: Software Subscription Fee/Governmentjobs.com Authorize the renewal of Software Subscription Fee from Governmentjobs.com, dba NeoGov, El Segundo, CA, a one-year expenditure of $107,370.00. (Human Resources - SS-23-022) (Monica Welch/Robin R. Wilson). 9. MC 2022-155 Subrecipient Agreements: Community Development Block Grant (CDBG) and HOME Investment Partnerships Program Authorize the City Administrator to execute four Subrecipient Agreements for fiscal year 2022-2023, totaling $430,497, awarding CDBG and HOME funding in accordance with the Annual Action Plan adopted by City Council July 6, 2022. (Planning & Neighborhood Services/Neighborhood Services) (Rhonda Lee-James). Attachments: 1. AGMT Subrecipient Agreement Crossroads CDBG 2. AGMT Subrecipient Agreement Yuma District One CDBG 3. AGMT Subrecipient Agreement SWFHC CDBG 4. AGMT Subrecipient Agreement CCS HOME City of Yuma Page 4 Printed on 9/1/2022 City Council Meeting Agenda September 7, 2022 10. MC 2022-156 Agreement: Arizona Department of Homeland Security 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. SUPP Award Letter DOHS SG 2. SUPP Letter EHP DOHS 3. SUB AGMT DOHS SG 11. MC 2022-157 Grant Acceptance: Arizona Governor’s Office of Highway Safety Authorize the City Administrator to accept the award for overtime funding from the Arizona Governor’s Office of Highway Safety (GOHS) for the Selective Traffic Enforcement Program (STEP) and DUI Enforcement activities as part of the Arizona Highway Safety Plan. (Police/Patrol) (Susan Smith) Attachments: 1. SUPP Award Letter GOHS 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. O2022-037 Restrictive Covenant: City-Owned Property Located East of Avenue 6E and North of 40th Street Authorize the City Administrator to enter into a restrictive covenant restricting the use of certain chemicals, pesticides and other substances on the 102 acres of City owned property currently leased to Daily Farms. (City Attorney) (Richard W. Files) Attachments: 1. ORD Restrictive Covenant Ave 6E and 40th St 2. EXH A Restrictive Covenant Ave 6E and 40th St City of Yuma Page 5 Printed on 9/1/2022 City Council Meeting Agenda September 7, 2022 2. O2022-038 Statutory Compliance Hearing/Amendment: Ordinance O2006-23 Pursuant to A.R.S. § 9-462.01, determine compliance with the conditions of approval for rezoning Ordinance O2006-23, and introduce an ordinance to amend O2006-23 to remove conditions and extend the time to comply with the rezoning conditions. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. SUPP DOC Statutory Compliance Hearing 2. MAP Statutory Compliance Hearing 3. ORD Statutory Compliance Hearing 3. O2022-039 Lease Agreement Renewal: First Choice Wireless, LLC Authorize the City Administrator to execute a lease agreement with First Choice Wireless, LLC, for City property located at 1610 South Maple Avenue. (City Attorney) (Richard W. Files) Attachments: 1. ORD 1610 Maple Avenue Lease 2. AGMT 1610 Maple Avenue Lease 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. O2022-040 Legal Description Correction: Ordinance O2022-002 Approve the correction of a scrivener’s error in Ordinance No. O2022-002, the accompanying quit claim deed, and authorize the City Clerk to record the corrected deed. (Engineering) (David Wostenberg) Attachments: 1. ORD Correct Legal Description: Ordinance O2022-002 2. EXHIBIT A Correct Legal Description: Ordinance O2022-002 3. EXHIBIT B Correct Legal Description: Ordinance O2022-002 City of Yuma Page 6 Printed on 9/1/2022 City Council Meeting Agenda September 7, 2022 2. O2022-041 Rezoning of Property: 888 E. Plaza Circle Rezone approximately 2.5 acres from the Business Park/Aesthetic Overlay (BP/AO) District to the General Commercial/Aesthetic Overlay (B-2/AO) District, for the property located at 888 E. Plaza Circle. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z RPT Rezone: 888 E. Plaza Circle 2. ORD Rezone: 888 E. Plaza Circle 3. O2022-042 Text Amendment: Recreation Vehicle Subdivision Update Amend Title 15, Chapter 154, Section 06.02 of the Yuma City Code to update the permitted housing types within the Recreation Vehicle Subdivision District (RVS). (Planning and Neighborhood Services /Community Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Text Amendment: RVS Update 2. ORD Text Amendment: RVS Update 4. O2022-043 Text Amendment: Residential Subdivision Walls Amend Title 15, Chapter 154, Article 15, Section 6 of the Yuma City Code to update provisions related to exterior residential subdivision walls. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Text Amendment: Subdivision Fencing 2. ORD Text Amendment: Subdivision Fencing 5. O2022-044 Text Amendment: Sign Code Amend Title 15, Chapter 154, Article 17 of the Yuma City Code to update provisions related to the sign code. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. P&Z REPORT Text Amendment: Sign Code 2. ORD Text Amendment: Sign Code 6. O2022-046 Text Amendment: Fireworks Amend Title 13, Chapter 139 of the Yuma City Code §§ 139-001 through 139-010, and § 139-009. (City Attorney) (Emily Hart) Attachments: 1. ORD Code Text Amendment: Fireworks City of Yuma Page 7 Printed on 9/1/2022 City Council Meeting Agenda September 7, 2022 IV. PUBLIC HEARING AND RELATED ITEMS The following Public Hearing may result in the Introduction of Ordinance O2022-047 1. O2022-047 Statutory Compliance Hearing/Amendment: Ordinance O2004-01 Conduct a public hearing pursuant to A.R.S. § 9-462.01 to determine compliance with the conditions of approval for rezoning Ordinance O2004-01, and introduce an ordinance to amend O2004-01 to extend the time to comply with the rezoning conditions. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. ORD Statutory Compliance: SEC Ave C and 24th St 2. MAP Statutory Compliance: SEC Ave C and 24th St FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. V. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: • Water and Sewer Commission - 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 August 18, 2022 through September 7, 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. City of Yuma Page 8 Printed on 9/1/2022 City Council Meeting Agenda September 7, 2022 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. 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. 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 9/1/2022