City Council Meeting

City of Yuma City Council Meeting Agenda Wednesday, July 19, 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 7/14/2023 City Council Meeting Agenda July 19, 2023 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 2023-115 Regular Council Meeting Draft Minutes June 7, 2023 Attachments: 2023 06 07 RCM Minutes 2. MC 2023-116 Regular Council Worksession Draft Minutes June 20, 2023 Attachments: 2023 06 20 RWS 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 2023-097 Liquor License: Stan’s Burritos Approve a #10 Beer & Wine Store Liquor License application submitted by Christian Rodriguez, agent for Stan’s Burritos located at 1920 S. 1st Avenue. (LL23-11) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Stan's Burritos 2. MC 2023-098 Liquor License: Showcase Sports Bar Approve a Series #6: Bar/Owner Transfer Liquor License application submitted by Bernardina Franco, agent for Showcase Sports Bar located at 2703 S. 4th Avenue. (LL23-12) (City Administration/City Clerk) (Lynda L. Bushong) Attachments: 1. MAP Showcase Sports Bar City of Yuma Page 2 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 3. MC 2023-099 Bid Award: Agua Viva Water Treatment Plant Well No.1 Replacement Authorize the City Administrator to execute a contract in the amount of $3,607,830.45 for the Agua Viva Water Treatment Plant (WTP) Well No. 1 Replacement construction services, to the sole responsive and responsible bidder, ASR Construction Group, LLC, Gilbert, AZ, (Engineering-RFB-23-209) (David Wostenberg/Robin R. Wilson) 4. MC 2023-100 Bid Award: Water Main Repair Clamps and Couplings Authorize and award the purchase of various Water Main Repair Clamps and Couplings to replace existing repair clamps and couplings at an estimated annual expenditure of $25,000.00 to: Yuma Winnelson Company of Yuma, AZ (Utilities RFB-23-264) (Jeremy McCall/Robin R. Wilson) Attachments: 1. SUPP DOC Bid Award: Water Main Repair Clamps & Couplings 5. MC 2023-101 Bid Rejection: Ready-Mix Concrete, Color and Stamp Mix Pursuant to Yuma City Code § 36-36, staff is recommending rejection of all bids received for Ready-Mix Concrete, Color and Stamp Mix, based upon the cost of a year-long fixed price contract. (Public Works RFB-23-262) (Joel Olea/Robin R. Wilson) 6. MC 2023-102 Cooperative Purchase Agreement: Refuse and Recycling Container Solutions and Related Products, Equipment and Services Authorize the purchase and delivery of 96-gallon containers utilizing the cooperative purchase agreement originated by the City of Tucson with National Intergovernmental Purchasing Association (NIPA) through a one-year contract with the option to renew for four additional one-year periods, depending on the appropriation of funds and satisfactory performance, at an estimated annual cost of $128,483.12 to: Toter Inc., Del Rio, TX; (Public Works- CPA-23-297) (Joel Olea/Robin R. Wilson) 7. MC 2023-103 Cooperative Purchase Agreement: Street Sweeper Authorize the purchase of one street sweeper, TYMCO Model 600 Regenerative Air Sweeper, utilizing the cooperative purchase agreement originated by Houston-Galveston Area Council, at a cost of $395,223.11 to: TYMCO, Inc., Waco, TX (Public Works - CPA-23-295) (Joel Olea/Robin R. Wilson) City of Yuma Page 3 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 8. MC 2023-104 Cooperative Purchase Agreement: Automated Side Loader Solid Waste Collection Trucks Authorize the purchase of two automated side loaders, Peterbilt/McNeilus collection trucks, utilizing the cooperative purchase agreement originated by Houston-Galveston Area Council, for an expenditure of $480,454.00 each to: Rush Truck Centers - Yuma; Yuma, AZ (Public Works - CPA-23-296) (Joel Olea - Robin R. Wilson) 9. MC 2023-105 Cooperative Purchase Agreement: Radio Software Feature Upgrades Authorize the purchase of radio software feature upgrades in the amount of $979,799.69 to Motorola Solutions, Inc., Tempe, AZ (Information Technology - GRT-24-007) (Jeremy W. Jeffcoat/Robin R. Wilson) 10. MC 2023-106 Cooperative Purchase Agreement: SCADA Infrastructure and Services Authorize the purchase of SCADA datacenter infrastructure and services through Dell Financial Services, Round Rock, TX, utilizing a Cooperative Purchase Agreement with the State of Arizona for a total estimated expenditure of $150,000.00 (CPA-24-001) (Isaiah Kirk/Robin R. Wilson) 11. MC 2023-107 Ratification: Figueroa Laboratory Roof Repair Ratify and approve the purchase order for the Figueroa Laboratory Roof Repair project to Merrill Development, Yuma, AZ with an increase of $2,907.19 for a total cost of $102,220.19. (Engineering 2019-20000063) (Dave Wostenberg/Robin R. Wilson) 12. MC 2023-108 Grant Award: Yuma County 9-1-1 System Annual Funding Award Authorize the City Administrator to execute the required documents with Arizona Department of Administration 9-1-1 Program Office (ADOA) to disperse awarded grant funds from the Emergency Telecommunication Services Revolving Fund to pay for authorized contractual costs related to equipment and services used in the operation of 9-1-1 services in the Yuma County region. (Information Technology/YRCS) (Jeremy W. Jeffcoat) Attachments: 1. AGMT Grant Award: Yuma County 9-1-1 System Annual Funding City of Yuma Page 4 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 13. MC 2023-093 Ratification: Insurance Coverage for Fiscal Year 2024 Authorize a ratification of 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, Automobile Damage, Drone, and Deadly Weapon coverage for Fiscal Year (FY) 2024 for the total amount of $1,606,025.09 to: Alliant Insurance Services, Inc., of Phoenix, AZ (City Attorney-RFB-23-110) (Richard W. Files/ Robin Wilson) 14. MC 2023-110 Settlement: Urquijo Claim Authorize settlement of a Notice of Claim submitted on behalf of Martin Urquijo. (City Attorney) (Richard W. Files) 15. MC 2023-111 Settlement: Thompson v. City of Yuma, et al. Authorize settlement of the lawsuit Janie L. Thompson v. City of Yuma, et al., Yuma County Superior Court Case No.: S1400CV2022-0049. (City Attorney) (Richard W. Files) 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. R2023-027 Adopt the 2023 Fire Services and Facilities Plan Adopt the 2023 Fire Services and Facilities Plan and order three copies to remain on file with the City Clerk. (Fire Administration) (Dustin Fields) Attachments: 1. RES Adoption of the 2023 Fire Services and Facilities Plan 2. SUPP DOC Adoption of the 2023 Fire Services and Facilities Plan 2. R2023-028 Intergovernmental Agreement: Yuma Mesa Irrigation & Drainage District Approve an Intergovernmental Agreement (IGA) with Yuma Mesa Irrigation & Drainage District (YMIDD) to provide construction administration and inspection for construction of the “A” Canal: 7E and 40th Street project. (Engineering) (David Wostenberg) Attachments: 1. RES IGA: Yuma Mesa Irrigation & Drainage District 2. AGMT IGA: Yuma Mesa Irrigation & Drainage District City of Yuma Page 5 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 3. R2023-029 Development Fee Deferral: Desert Sky Unit No. 2 Subdivision Adopt a resolution authorizing the City Administrator to execute a development fee and water and sewer capacity charge deferral agreement for Desert Sky Unit No. 2 Subdivision, and to collect a $500.00 administrative fee. The effective length of the deferral agreement is for three years from the date of execution. (Dave Wostenberg) (Engineering) Attachments: 1. MAP Development Fee Deferral: Desert Sky Unit No. 2 Subdivision 2. RES Development Fee Deferral : Desert Sky Unit No. 2 Subdivision 3. AGMT Development Fee Deferral: Desert Sky Unit No. 2 Subdivision 4. R2023-030 Rescind Preannexation Development Agreement: Greenview Development Rescind Preannexation Development Agreement R2007-042 for property owned by Greenview Development (APN 663-21-046). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville) Attachments: 1. RES Rescind PDA: Greenview Development 5. R2023-031 Amend Preannexation Development Agreement: Greenview Development Amend Preannexation Development Agreement R2007-044 for property owned by Greenview Development (APN 663-21-047). (Planning and Neighborhood Services/ Community Planning) (Alyssa Linville) Attachments: 1. RES Amend PDA: Greenview Development 6. R2023-032 Intergovernmental Agreement: Yuma Union High School District No. 70 - School Resource Officer Authorize execution of an Intergovernmental Agreement (IGA) with the Yuma Union High School District No. 70 (District) for School Resource Officer (SRO) services that provides for the presence of SROs on District campuses. (Police/Patrol) (T. Garrity) Attachments: 1. RES IGA: YUHSD No. 70 SRO 2. AGMT IGA: YUHSD No. 70 SRO 3. ATTACHMENT A IGA: YUHSD No. 70 SRO City of Yuma Page 6 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 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. O2023-015 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. O2023-020 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 3. 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 4. 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 City of Yuma Page 7 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 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. O2023-019 Yuma City Code Text Amendment: Establishing the Americans with Disabilities Act (ADA) Advisory Commission Amend Title 13, Yuma City Code to add Chapter 141, creating the Americans with Disabilities Act (ADA) Advisory Commission. (Engineering) (David Wostenberg) Attachments: 1. ORD Code Text Amendment: ADA Advisory Comission 2. O2023-025 Right-of-Way Vacation and Exchange: Tashar Hospitality, LLC. Authorize the vacation of a portion of 4th Avenue right-of-way in exchange for additional rights-of-way with Tashar Hospitality, LLC. (Engineering) (David Wostenberg) Attachments: 1. MAP - Right-of-Way Vacation and Exchange - Tashar Hospitality, LLC 2. ORD - Right-of-Way Vacation and Exchange - Tashar Hospitality, LLC 3. EXHIBIT A - Right-of-Way Vacation and Exchange - Tashar Hospitality, LLC City of Yuma Page 8 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 V. PUBLIC HEARING AND BUDGET RELATED ITEMS 1. MC 2023-114 Public Hearing: Truth in Taxation, Main Street Mall and Off-Street Parking Maintenance District No. 1, Levy for 12 Municipal Improvement Districts (MID), and Final Budget Adoption for Fiscal Year 2024 Conduct a combined public hearing on the proposed City of Yuma primary property tax levy (Truth-in-Taxation); the Main Street Mall and Off-Street Parking Maintenance District No. 1 expenditures and levy, as well as for the 12 Municipal Improvement Districts and the proposed revenues and expenditures (budget) for Fiscal Year 2024 pursuant to A.R.S. § 42-17104. The City of Yuma expenditure budget for Fiscal Year 2024 in the amount of $472,821,492 which is comprised of a Capital Improvement Program Budget of $216,040,262; 12 Maintenance Improvement Districts combined for $448,876 and an Operating Expenditure Budget of $256,332,354; including Governmental and Enterprise operations. 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) Attachments: 1. SUPP DOC: Budget Schedule A-G City of Yuma Page 9 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 VI. SPECIAL MEETING: Discussion and Possible Action to Adopt Resolution R2023-033 relating to the FY2024 Final Budget City Council will convene a Special Meeting in accordance with Arizona law to consider adoption of the final budget for Fiscal Year 2024. 1. R2023-033 Final Budget Adoption for Fiscal Year 2024 Adopt the City of Yuma’s final budget for Fiscal Year 2024 in the amount of $472,821,492 which is comprised of a Capital Improvement Program Budget of $216,040,262; 12 Maintenance Improvement Districts combined for $448,876 and an Operating Expenditure Budget of $256,332,354.; including Governmental and Enterprise operations. The adoption of the proposed budget resolution includes a 3% increase in solid waste fees and establishes the budgets the Main Street Mall and Off-Street Parking Maintenance District No. 1. (Administration/Finance) (Jay Simonton/Doug Allen) Attachments: 1. RES Final Budget Adoption for FY24 2. SUPP DOC Final Budget Adoption for FY 2024: Schedules A-G RECONVENE REGULAR MEETING ADDITIONAL BUDGET RELATED ITEMS 1. O2023-027 Adopt the Fiscal Year 2024 City of Yuma Primary Property Tax Levy, the Main Street Mall and Off-Street Parking Maintenance District No. 1 Property Tax Levy, and 12 Municipal Improvement District MID Tax Levies Adopt the Fiscal Year 2024 Primary Property Tax Levy, the Main Street Mall and Off Street Parking Maintenance District No. 1 Property Tax Levy, and 12 MID Tax Levies. (Administration/Finance) (Jay Simonton/Doug Allen) Attachments: 1. ORD Adopt the FY 2024 Tax Levy City of Yuma Page 10 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 FINAL CALL 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 June 22, 2023 through July 19, 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. 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. 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. City of Yuma Page 11 Printed on 7/14/2023 City Council Meeting Agenda July 19, 2023 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 Thompson v. City of Yuma. (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 12 Printed on 7/14/2023