City Council Meeting

City of Yuma City Council Meeting REVISED Agenda Wednesday, December 21, 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. 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 12/20/2022 City Council Meeting Agenda December 21, 2022 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 2022-229 Regular Council Meeting Draft Minutes December 7, 2022 Attachments: 2022 12 07 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 2022-215 Contract Awards: Professional Engineering On-Call Services for Water and Wastewater Systems Authorize the City Administrator to execute a one-year contract 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 for Water and Wastewater Systems Professional Engineering Services on a Delivery Order basis with the following firms: Carollo Engineers Inc., Yuma, AZ; Entellus Inc., Phoenix, AZ; Stantec Consulting Services Inc. Chandler, AZ; Wilson Engineers, Tempe, AZ; and WSP USA Environment & Infrastructure Inc., Phoenix, AZ (Engineering-RFQ-23-087) (David Wostenberg/Robin R. Wilson) 2. MC 2022-216 Contract Increase: Hotel Del Sol Multi-Modal Transportation Center Authorize the City Administrator to execute a change order in the amount of $633,306.00 to CORE Construction, Inc. of Phoenix, AZ for design-build services. (Engineering-2020-20000136) (David Wostenberg/Robin R. Wilson) City of Yuma Page 2 Printed on 12/20/2022 City Council Meeting Agenda December 21, 2022 3. MC 2022-217 Amendment to Cooperative Purchase Agreement for Additional Microsoft Subscription Volume License Approve the correction of a scrivener’s error on a cooperative purchase agreement through the State of Arizona for additional Microsoft Subscription Volume Licenses under the current three-year agreement for a total estimated yearly increase of $285,000.00 to: SHI, Somerset, New Jersey (IT-CPA-23-001) (Isaiah Kirk/Robin R. Wilson) 4. MC 2022-218 Cooperative Purchase Agreement: Sweeping Equipment Authorize the use of a Cooperative Purchase Agreement through Houston-Galveston Area Council to purchase one Street Sweeper at a total expenditure of $373,223.11 to TYMCO, Inc., Waco, Texas. (CPA-23-152) (Public Works-Joel Olea/Finance-Robin R. Wilson) 5. MC 2022-219 Cooperative Purchase Agreement: Medium and Heavy Trucks and Truck Bodies Authorize the use of a Cooperative Purchase Agreement through Houston-Galveston Area Council to purchase one Water Truck at a estimated expenditure of $140,000.00 to Rush Truck Centers of Yuma, Yuma, AZ. (CPA-23-153) (Public Works-Joel Olea/ Finance-Robin R. Wilson) 6. MC 2022-220 Cooperative Purchase Agreement: Shamrock Foods Company Authorize the purchase of food supplies and related non-food items from Shamrock Foods Company, Phoenix, AZ utilizing a cooperative purchase agreement with Yuma Educational Purchasing Association in the amount of $150,000.00 (Parks & Recreation-CPA-23-156) (Eric Urfer/Robin R. Wilson) 7. MC 2022-221 Design Build Contract: Kennedy Skate Park Authorize the City Administrator to execute a design build contract for pre-construction services, which includes a complete design of Kennedy Skate Park for a guaranteed maximum price of $352,645.00 to Willmeng Construction of Phoenix, AZ (Engineering-RFQ-22-179) (David Wostenberg/Robin R. Wilson) City of Yuma Page 3 Printed on 12/20/2022 City Council Meeting Agenda December 21, 2022 8. MC 2022-222 Sole Source: Supervisory Control and Data Acquisition for Hardware, Software Support and Services Authorize the award of a sole source purchase for Supervisory Control and Data Acquisition (SCADA) for the Water Treatment Plants to One Source Distributors, Yuma, AZ for one year, with the option to renew for four additional one-year periods, at an estimated annual expenditure of $150,000.00 (Utilities-SS-23-144) (Jeremy McCall/Robin R. Wilson) ..end 9. MC 2022-223 First Amendment of HOME Investment Partnership Program Agreement: Yuma County Authorize a First Amendment to the HOME Investment Partnership Program Agreement for the allocation of additional HOME Investment Partnerships Program funds to Yuma County for Owner-occupied Housing Rehabilitation Program (Planning & Neighborhood Services/Neighborhood Services) (Rhonda Lee- James) Attachments: 1. AGR First Amdmt. to HOME Investment Partnership Program Agr 2. SUPP DOC First Amdmt. to HOME Investment Partnership Program Agr 10. MC 2022-224 Infrastructure & Services Report: ANEX-40532-2022 Avenue B Approve an Infrastructure and Services Report for Annexation Area No. ANEX-40532-2022, identified as the Avenue B Annexation, located at the northwest corner of 28th Street and Avenue B. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) 11. MC 2022-226 Settlement: Thompson Lawsuit Authorize settlement of a lawsuit filed on behalf of Terry Thompson. (City Attorney) (Richard W. Files) 12. MC 2022-228 Authorize Legal Action versus United States Department of Interior, Bureau of Reclamation: Colorado River Water Transfer, Greenstone Acquisitions (dba GSC Farms, LLC) to Queen Creek, Arizona Authorize and approve joining a lawsuit under a joint representation agreement with the law firm of Clark Hill, PLC, 3200 North Central Avenue, Suite 1600, Phoenix, Arizona 85012. The lawsuit is being filed by the lead Plaintiff, Mohave County, as Mohave County, Arizona versus United States Bureau of Reclamation (USBR) for the Greenstone Acquisitions (dba GSC Farm, LLC) fourth priority Colorado River water transfer to the Town of Queen Creek, Arizona under the National Environmental Policy Act (NEPA). (Administration/City Attorney) (Richard W. Files ) City of Yuma Page 4 Printed on 12/20/2022 City Council Meeting Agenda December 21, 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. R2022-050 Award: Property Sale and Economic Development Agreement Authorize, through a resolution adopting a real property sale, development and disposition agreement, the terms of sale and development of a City-owned parcel at the southeast corner of 4th Avenue and 15th Street to Manna United, LLC for the construction of a Panera Bread Bakery Café restaurant. (City Administration- RFP-22-191) (Jay Simonton/Robin R. Wilson) Attachments: 1. RES Award: Property Sale and Economic Development Agreement 2. AGMT Award: Property Sale and Economic Development Agreement 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. O2022-051 Additional Right-of-Way Acquisition: Avenue 4E Sewer Line Extension Authorize City acceptance of a gift of additional right-of-way for future installation of a sanitary sewer line, east and west of the Avenue 4E sewer line extension project. (Engineering) (David Wostenberg) Attachments: 1. MAP Additional ROW Acquisition: Ave 4E Sewer Line Extension 2. ORD Additional ROW Acquisition Ave 4E Sewer Line Extension 2. O2022-052 Declare Real Property Surplus and Authorize Sale: Northwest Corner of 32nd Street and Avenue 8 East Declare City of Yuma owned real property surplus and authorize the sale of the following property located north of 32nd Street and west of Avenue 8E, encompassing approximately 1.0838 acres. (Administration/Engineering) (Jay Simonton) Attachments: 1. MAP Surplus and Sale/Exchange: NWC of 32nd St and Ave 8E 2. AGMT Surplus and Sale/Exchange: NWC of 32nd St and Ave 8E 2. ORD Surplus and Sale/Exchange: NWC of 32nd St and Ave 8E City of Yuma Page 5 Printed on 12/20/2022 City Council Meeting Agenda December 21, 2022 3. O2022-054 Real Property Sale, Option and Development Agreement: Southwest Corner of 16th Street and 4th Avenue Authorize the sale of a 40,321 square foot parcel of City-owned surplus real property, declare surplus and vacate 1,040 square feet of alleyway pursuant to A.R.S. § 28-7205(4) upon the recording of the Center Pointe Commons Lot Tie/Lot Split, vacate a certain described utility easement upon the Center Pointe Commons Lot Tie/Lot Split recording, grant and accept certain circulation, sign, and drainage easements upon recording of the Center Pointe Commons Lot Tie/Lot Split or easement document, and grant a 48 month option to purchase the adjacent 91,262 square foot surplus parcel in accordance with the terms of a Real Property Sale, Option, and Development Agreement. (City Attorney)(Richard Files) Attachments: 1. AGMT Sale, Option and Dev. Agmt: SWC of 16th St and 4th Ave 2. ORD Sale, Option and Dev Agmt: SWC of 16th St and 4th Ave 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. O2023-001 Annexation Area No. ANEX-40532-2022: Avenue B Authorize annexation of property located at the northwest corner of 28th Street and Avenue B. (ANEX-40532-2022). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1 PET Annex Avenue B 2 ORD Annex Avenue B V. PUBLIC HEARING AND RELATED ITEMS The following Public Hearing may result in the adoption of Resolution R2022-049 1. R2022-049 General Plan Amendment: Sunset Ridge Following a public hearing, approve the request to amend the City of Yuma General Plan to change the land use designation to High Density Residential, for property located at the northwest corner of 36th Street and Avenue 7½E. The applicant is Yuma’s Desert Oasis Development AZ, LLC (GP-40380-2022) (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1 P&Z RPT GP Amendment Sunset Ridge 2 RES GP Amendment Sunset Ridge City of Yuma Page 6 Printed on 12/20/2022 City Council Meeting Agenda December 21, 2022 VI. IMMIGRATION UPDATE AND DISCUSSION ADDITION Mayor Nicholls will provide an update on the immigration issues, followed by City Council discussion. FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. VII. 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 December 8, 2022 through December 21, 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. 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 7 Printed on 12/20/2022 City Council Meeting Agenda December 21, 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 Spectrum Pacific West, LLC v. City of Yuma (A.R.S. 38-431.03 A3 & A4) B. Discussion, consultation with and/or instruction to legal counsel regarding Thompson v. City of Yuma. (A.R.S. 38-431.03 A3 & A4) C. Discussion, consultation with and/or instruction to legal counsel regarding the Mohave County v. U.S. Department of Interior, BOR lawsuit. (A.R.S. 38-431.03 A3 & A4) 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 8 Printed on 12/20/2022