City of Yuma

City Council Meeting

REVISED Agenda

Wednesday, May 15, 2024

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.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

FINAL CALL

Final call for submission of Speaker Request Forms for agenda related items.

PRESENTATIONS

ADDITION

• Formal Swearing In of New Councilmember

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):

MC 2024-064

Regular Council Meeting Draft Minutes April 3, 2024

Attachments:

2024 04 03 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:

MC 2024-054

Liquor License: A & R Grill

Approve a Series #12: Restaurant Liquor License application

submitted by Judith Lopez, agent for A & R Grill located at 712 S.

4th Avenue. (LL24-05) (City Administration/City Clerk) (Lynda L.

Bushong)

Attachments:

1. MAP Liquor License: A & R Grill

MC 2024-055

Liquor License: Proper Dose

Approve a Series #04: Wholesaler/Distributor Liquor License

application submitted by Patricia Rodriguez, agent for Proper

Dose located at 1775 E. Palo Verde Street #176. (LL24-03) (City

Administration/City Clerk) (Lynda L. Bushong)

Attachments:

1. MAP Liquor License: Proper Dose

MC 2024-056

Bid Award: Pavement Replacement - Avenue B between 24th

Street and 16th Street

Authorize the City Administrator to execute a construction services

contract for pavement replacement on Avenue B between 24th

Street to 16th Street, in the amount of $3,589,151.54 to the lowest

responsive and responsible bidder, Gutierrez Canales

Engineering, Yuma, Arizona. (Engineering RFB-24-270) (David

Wostenberg/Robin R. Wilson)

MC 2024-057

Bid Award: Ready Mix Concrete, Color and Stamp Mix

Award to the sole bidder, BLT Companies, LLLP, Yuma, Arizona,

the as-needed purchase and delivery of Ready-Mix Concrete,

Color and Stamp Mix, a one-year contract with the option to renew

for four additional one-year periods, at an estimated first-year cost

of $63,700.00, which will exceed $100,000.00 over the five-year

life of the contract, depending on the appropriation of funds and

satisfactory performance. (Public Works/Streets-RFQ-24-167)

(Joel Olea/Robin R. Wilson)

MC 2024-058

MC 2024-059

Cooperative Purchase Agreement: Playground Equipment

Authorize the purchase, delivery and installation of various

playground equipment and shade with Exerplay, Cedar Crest, New

Mexico, utilizing the Mohave Educational Services Cooperative

Purchase Agreement for an expenditure of $238,811.94.

(Parks-CPA-24-301) (Eric Urfer/Robin R. Wilson)

Cooperative Purchase Agreement: Third-Party Emergency

Medical Billing Services

Authorize the City Administrator to enter into a four-year

agreement with an option to renew for up to six additional years, in

two-year increments, for Third-Party Emergency Medical Billing

Services with EMS Management and Consultants, Inc. (EMS|MC)

of Winston-Salem, North Carolina, utilizing a Cooperative

Purchase Agreement through the City of Tempe, Arizona, for an

estimated annual expenditure of $230,000.00 (CPA-24-286 Fire

Department) (Dustin Fields/Robin R. Wilson)

MC 2024-060

Ratification of Purchase Order: Emergency Repair to Sanitary

Sewer Overflow

Ratify a Purchase Order issued to SAK Construction, LLC of

Tempe, AZ in an amount of $124,500.00 for emergency bypass of

a sanitary sewer line at Smucker Park.

(Engineering/Utilities-EM-24-249) (David Wostenberg/Jeremy

McCall/Robin R. Wilson)

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.

R2024-013

Intergovernmental Agreement: Arizona Game and Fish

Commission

Authorize the execution of an Intergovernmental Agreement (IGA)

with the Arizona Game and Fish Commission, through the Arizona

Game and Fish Department (AGFD) extending the current

Community Fishing Program with the City of Yuma for the total not

to exceed $59,988 over the five-year agreement. (Parks &

Recreation) (Eric Urfer)

Attachments:

1. RES IGA: Arizona Game and Fish Commission

2. AGMT IGA: Arizona Game and Fish Commission

R2024-014

Intergovernmental Agreement: State of Arizona Department of

Transportation

Authorize the City Administrator to execute an Intergovernmental

Agreement (IGA) with the State of Arizona Department of

Transportation for the design of the 1st Street Shared Use

Pathway Project. This is a Transportation Alternatives Program

Funding (TA) project and is 94.3% grant funded, 5.7% local match,

with a total amount of $443,554.00. (Engineering) (David

Wostenberg)

Attachments:

1. RES IGA: Arizona Department of Transportation for the 1st Street Shared

Use Pathway Project

2. AGMT IGA: Arizona Department of Transportation for the 1st Street Shared

Use Pathway Project

R2024-015

Order Improvements: Municipal Improvement District No. 127

Riverview Terrace Subdivision

Order Improvements for Municipal Improvement District (MID) No.

127 to serve Riverview Terrace Subdivision, to operate, maintain

and repair landscaping improvements within, near and adjacent to

the retention and detention basins and parkings and parkways and

related facilities together with appurtenant structures (Landscape

Improvements); declaring the Landscape Improvements to be of

more than local or ordinary benefit, and that the costs of the

Landscape Improvements for MID No. 127 shall be assessed upon

the properties in MID No. 127 according to acreage; providing that

the proposed Landscape Improvements shall be performed under

Arizona Revised Statutes (A.R.S.) Title 48, Chapter 4, Article 2.

(Community Development/Community Planning) (Alyssa Linville)

Attachments:

1. RES Order Improvements MID No. 127

2. EXH A Order Improvements MID 127 Riverview Terrace Subdivision

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.

O2024-013

Compensation and Benefits for Municipal Judge

Establish compensation and benefits for the office of Municipal

Judge from and after January 1, 2025. (Municipal Court) (Del

Miller)

Attachments:

1. ORD Compensation and Benefits for Municipal Judge

O2024-015

Grant of Easement: Yuma County Water Users’ Association

Authorize the grant of an easement to Yuma County Water Users’

Association (YCWUA) along the south side of 28th Street,

between Avenue C and 33rd Drive, for the relocation of a portion

of the United States Bureau of Reclamation’s (USBR) Thacker

Lateral. (Engineering) (David Wostenberg)

Attachments:

1. ORD Grant of Easement to YCWUA – 28th Street, between Avenue C and

33rd Drive

2. EXH B AGMT Grant of Easement to YCWUA - 28th Street, between Avenue

C and 33rd Drive

O2024-016

Rezoning of Property: 958 S. 3rd Avenue

Approve the rezoning of an approximately 7,000 square foot lot

from the General Commercial/Infill Overlay (B-2/IO) District to the

Transitional/Infill Overlay (TR/IO) District, for the property located at

958 S. 3rd Avenue, Yuma, AZ. (ZONE-42266-2024) (Planning and

Neighborhood Services/Community Planning) (Alyssa Linville)

Attachments:

1. P&Z RPT Rezone 958 S. 3rd Avenue

2. ORD Rezone 958 S. 3rd Avenue

O2024-017

Rezoning of Property: Southeast Corner of Avenue 6E and 48th

Street

Rezone approximately 77 acres from the Agriculture (AG) District

to the Low Density Residential (R-1-6, R-1-8, and R-1-12) Districts

for the properties located at the southeast corner of Avenue 6E

and 48th Street. (Planning and Neighborhood Services/Communtiy

Planning) (Alyssa Linville)

Attachments:

1. P&Z REPORT Rezoning: Southeast corner of Avenue 6E and 48th Street

2. ORD Rezoning: Southeast corner of Avenue 6E and 48th 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.

O2024-019

Right-of-Way Vacation and Exchange: JAKART Holdings, LLC

Authorize the vacation of 25 feet of 4th Avenue right-of-way (easement)

in exchange for the underlying fee title to the remaining 75 feet of

right-of-way with JAKART Holdings, LLC, and City acceptance of a

utility easement. (Engineering) (David Wostenberg)

Attachments:

1. ORD ROW Vacation and Exchange: JAKART Holdings, LLC

2. EXH A-B ROW Vacation and Exchange: Jakart Holdings, LLC

3. MAP ROW Vacation and Exchange: JAKART Holdings, LLC

V. BUDGET AND RELATED ITEMS

MC 2024-062

Public Hearing: Fiscal Year 2025 - Fiscal Year 2029 Capital

Improvement Program

Conduct a public hearing for the proposed Fiscal Year 2025 - Fiscal

Year 2029 City of Yuma Capital Improvement Program pursuant to

Yuma City Charter, Article XIII, Section 11 (Engineering) (Susan

Cowey)

The following discussion may result in the approval of the Tentative Annual Budget for Fiscal

Year 2024

MC 2024-061

Tentative Annual Budget for Fiscal Year 2025

Adopt the Fiscal Year 2025 Tentative Annual Budget in the amount

of $521,167,546 which includes a Capital Improvement Program

budget of $222,418,219; combined Maintenance Improvement

Districts of $672,094 and Operating Expenditure Budget of

$298,077,233; including Governmental and Enterprise operations.

(Administration/Finance) (John D. Simonton/Douglas W. Allen)

Attachments:

1. FY25 City of Yuma Budget Schedules A-G

FINAL CALL

Final call for submission of Speaker Request Forms for Call to the Public.

VI. 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 May 2, 2024 through May 15, 2024. 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.

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.

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, consideration, consultation, and/or direction to legal counsel regarding

Article VI, Section 11, of the Yuma City Charter. (A.R.S. 38-431.03 A(1), A(3) and A(4)).

B. Discussion, consultation, and/or direction to legal counsel regarding different aspects of

A.R.S. § 38-431 et seq. and state and federal constitutions. (A.R.S.38-431.03 A(3) and

A(9)).

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.