City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, June 21, 2023 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 6/16/2023 City Council Meeting Agenda June 21, 2023 PRESENTATIONS • Yuma Way Presentation and Video 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 may be taken separately. A. Approval of minutes of the following City Council meeting(s): 1. MC 2023-095 Regular Council Worksession Draft Minutes May 16, 2023 Attachments: 2023 05 16 RWS Minutes 2. MC 2023-096 Regular Council Meeting Draft Minutes May 17, 2023 Attachments: 2023 05 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 2023-086 Bid Award: 40th Street Lift Station Replacement Authorize the City Administrator to execute a 40th Street Lift Station Replacement construction services contract in the amount of $1,221,444.11 to the lowest responsive and responsible bidder, Gutierrez Canales Engineering, Yuma, AZ, (Engineering- RFB-23-180) (David Wostenberg/Robin R. Wilson) 2. MC 2023-087 Contract Award: Public Affairs and Government Relations (Federal Lobbying) Authorize the City Administrator to execute a two-year contract, which is renewable for three additional one-year periods depending on the appropriation of funds, to Hamm Consulting, LLC of Washington, DC for Public Affairs and Government Relations Consulting at an annual expenditure of $96,000 (Mayor & Council/City Attorney’s Office- RFP-23-109) (Rodney Short/ Robin R. Wilson) City of Yuma Page 2 Printed on 6/16/2023 City Council Meeting Agenda June 21, 2023 3. MC 2023-088 Cooperative Purchase Agreement: Information Technology Products and Services Authorize the purchase of Information Technology Products and Services utilizing vendors awarded from the 15 cooperative purchasing agencies noted below, at an estimated amount of $6,305,512.00. (Information Technology-CPA-24-001) (Isaiah Kirk/Robin R. Wilson) Attachments: 1. SUPP DOC CPA: IT Products and Services 4. MC 2023-089 Cooperative Purchase Agreement: Purchase of Laptops and Monitors Authorize the purchase of laptops, monitors, and docks with Dell Technologies, in the estimated amount of $475,000.00. (Information Technology CPA-23-001) (Isaiah Kirk/Robin R. Wilson) 5. MC 2023-090 Outside Agency Agreement: Western Arizona Council of Governments Authorize the City Administrator to execute an agreement with the Western Arizona Council of Governments (WACOG) to provide annual funding assistance to qualified City of Yuma utility customers. (Utilities/Administration) (Jeremy McCall) Attachments: 1. AGMT Outside Agency Agreement: WACOG 6. MC 2023-091 Subrecipient Agreements: Community Development Block Grant (CDBG) Authorize the City Administrator to execute three Subrecipient Agreements for Fiscal Year 2024, totaling $99,500, awarding CDBG funding in accordance with the Annual Action Plan adopted by City Council May 3, 2023. (Planning & Neighborhood Services/ Neighborhood Services) (Alyssa Linville) Attachments: 1. Subrecipient Agreement Crossroads Mission-2023 2. Subrecipient Agreement WACOG-2023 3. Subrecipient Agreement SWFHC-2023 City of Yuma Page 3 Printed on 6/16/2023 City Council Meeting Agenda June 21, 2023 7. MC 2023-092 Construction Services Contract: Yuma County Water Users’ Association Authorize the City Administrator to execute a construction services contract for the relocation of the USBR Winsor Lateral irrigation ditch on Avenue C between 28th Street and El Dorado Road to Yuma County Water Users’ Association in the amount of up to $429,809.12 (Engineering) (Dave Wostenberg) Attachments: 1. SUPP DOC Payment to Yuma County Water Users' Association: Relocation of USBR Winsor Lateral 8. MC 2023-094 Contract Award: Public Defender Services Authorize the City Administrator to execute a three-year contract, renewable for two additional one-year periods for Public Defender Services to Workplace Advocates, LLC of Yuma, AZ for an annual expenditure of $395,000. (Municipal Court RFQ-23-254) (Del Miller/Robin R. Wilson) Attachments: 1. Contract: Public Defender Svc. 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 may be taken separately. 1. R2023-022 Intergovernmental Agreement: Yuma County for Road Maintenance Authorize the City Administrator to execute an Intergovernmental Agreement (IGA) with Yuma County for joint participation in road maintenance. (Public Works) (Joel Olea) Attachments: 1. RES IGA with Yuma County- Road Maintenance 2. AGMT IGA with Yuma County- Road Maintenance 2. R2023-023 Enforcement Response Plan: Industrial Waste and Other Wastewater Discharges Adopt the Utilities Department Enforcement Response Plan pursuant to Environmental Protection Agency requirements as part of the Yuma City Code Chapter 191 Industrial Waste and other Wastewater Discharges. (Utilities/Wastewater)(Jeremy McCall) Attachments: 1. RES Enforcement Response Plan: Waste and Wastewater Discharges 2. PLAN Enforcement Response Plan: Waste and Wastewater Discharges City of Yuma Page 4 Printed on 6/16/2023 City Council Meeting Agenda June 21, 2023 3. R2023-024 Annual Public Safety Personnel Retirement System Funding Policy for Fiscal Year 2024 Adopt the annual Public Safety Personnel Retirement System (PSPRS) funding policy for Fiscal Year 2024, 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 4. R2023-025 Resolution Designating the Chief Fiscal Officer Designate Douglas W. Allen as the Chief Fiscal Officer for the purpose of submitting the City’s Annual Expenditure Limitation Reports (AELR) to the Auditor General for Fiscal Year 2023 and Fiscal Year 2024. (Finance) (Doug Allen) Attachments: 1. RES Designating CFO 5. R2023-026 Economic Incentive Policy Adopt the City of Yuma’s Economic Incentive Policy by Resolution. (City Administration/ Economic Development) (Jeff Burt) Attachments: RES Economic Incentive Policy EXH A - Economic Incentive Policy 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 may be removed from the Ordinance Consent Agenda and the vote or action will be taken separately. 1. O2023-023 Annexation Area No. ANEX-40997-2023: Gila Ridge Road #4 Authorize annexation of property located along the north property line of 2110 S. Harley Drive and 2243 E. Gila Ridge Road. (ANEX-40997-2023). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. PET Annex: Gila Ridge Road #4 2. ORD Annex: Gila Ridge Road #4 City of Yuma Page 5 Printed on 6/16/2023 City Council Meeting Agenda June 21, 2023 2. O2023-024 Acquisition of Property: 785 S. Main Street Authorize the acquisition of 12.29 acres of real property for future downtown redevelopment. (City Attorney) (Richard Files) Attachments: 1. ORD Acquisition of Property: 785 S. Main Street 2. SUPP DOC Acquisition of Property: 785 S. Main Street 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. O2023-015 Declare Real Property Surplus and Authorize Sale: 2390 W. 32nd Street Declare vacant City of Yuma owned real property surplus and authorize the sale of the City property located at 2390 W. 32nd Street. (City Attorney) (Richard W. Files) Attachments: 1. MAP Declare Surplus and Authorize Sale: 2390 W. 32nd St. 2. ORD Declare Surplus and Authorize Sale: 2390 W. 32nd St. 2. O2023-019 Yuma City Code Text Amendment: Establishing the Americans with Disabilities Act of 1990 Advisory Commission Amend Title 13, Yuma City Code to add Chapter 141, creating the Americans with Disabilities Act of 1990 Advisory Commission. (Engineering) (David Wostenberg) Attachments: 1. ORD Code Text Amendment: ADA Advisory Comission 3. O2023-020 Text Amendment: Yuma City Code Title 3, Chapter 39 Municipal Court - Special Judicial Officers Amend the Yuma City Code Title 3, Chapter 39 related to the Municipal Court - Special Judicial Officers to add subsections 26 and 27 for Municipal Court Commissioners and Hearing Officers in compliance with the rules regarding requirements, appointment procedures, and other factors established by the Administrative Office of the Arizona Supreme Court. (Municipal Court) (Del Miller) Attachments: 1. ORD Text Amendment - Spc Judicial Officers City of Yuma Page 6 Printed on 6/16/2023 City Council Meeting Agenda June 21, 2023 4. O2023-021 Text Amendment: Yuma City Code Title 3, Chapter 39 Municipal Court - Marshal of the Court Amend the Yuma City Code Title 3, Chapter 39 by repealing and replacing subsections 02 and 30 to correct the definition, as well as the duties and training requirements for judicial enforcement officers in order to meet recently enacted requirements and eliminate executive branch authority of those officers in accordance to Arizona Supreme Court rules. (Municipal Court) (Del Miller) Attachments: 1. ORD Text Amendment: Marshal of the Court 5. O2023-022 Text Amendment: Yuma City Code Title 3, Chapter 39 Municipal Court -Prosecutor Fees Amend the Yuma City Code Title 3, Chapter 39 by repealing § 08, entitled Prosecution Fee, in order to comply with court decisions and judicial trends. (Municipal Court) (Del Miller) Attachments: 1. ORD Text Code Amendment Prosecutor Fees V. BUDGET DISCUSSION Discussion and questions by City Council relating to the proposed FY2024 Budget. FINAL CALL Final call for submission of Speaker Request Forms for Call to the Public. VI. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING Discussion and possible action on the following items: 1. Appointments: • Building Advisory Board - one appointment City of Yuma Page 7 Printed on 6/16/2023 City Council Meeting Agenda June 21, 2023 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 June 8, 2023 through June 21, 2023. 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. 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. 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 6/16/2023 City Council Meeting Agenda June 21, 2023 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 Martin Urquijo Notice of Claim dated May 16, 2023. (A.R.S. §38-431.03 A3 & A4) B. Discussion, consultation with, and/or instruction to legal counsel regarding City insurance matters. (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 9 Printed on 6/16/2023