City of Yuma  
City Council Meeting  
Agenda  
Tuesday, October 17, 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.  
PRESENTATIONS  
• Amberly's Place Update  
• Clean and Beautiful Commission Annual Report  
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 2023-161  
1.  
2.  
Regular Council Worksession Draft Minutes September 19,  
2023  
Attachments:  
2023 09 19 RWS Minutes  
MC 2023-162  
Regular Council Meeting Draft Minutes October 4, 2023  
Attachments:  
2023 10 04 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 2023-156  
1.  
Authorize Contract and Payment Based on Bid Award: “A”  
Canal - 7E and 40th Street Project  
Authorize Yuma Mesa Irrigation & Drainage District (YMIDD) to  
execute a construction services contract for the “A” Canal - 7E and  
40th Street project, in the amount of $2,839,213.05 to the lowest  
responsive and responsible bidder: Gutierrez Canales  
Engineering, PC. Authorize payment to YMIDD to provide  
construction administration and inspection for construction of the  
“A” Canal - 7E and 40th Street project, in accordance with the  
executed intergovernmental agreement (IGA), in the amount of  
$270,283.76. (Engineering) (Dave Wostenberg)  
MC 2023-157  
2.  
Cooperative Purchase Agreement: Economic Development  
Marketing and Media Services  
Authorize the use of a Cooperative Purchase Agreement initiated  
by the State of Arizona for media and marketing services with  
Highnoon Ventures LLC, Phoenix, AZ for an estimated annual  
expense of $89,950, with the option to renew for three additional  
one-year periods pending budget appropriation and satisfactory  
performance. (City Administration CPA-23-132) (Jenn Reichelt/  
Robin R. Wilson)  
MC 2023-158  
MC 2023-159  
3.  
4.  
Sole Source: Water Filter Membrane Replacement  
Authorize a sole source purchase for water filter membrane  
replacements for the Agua Viva Water Treatment Plant (AVWTP)  
in the amount of $1,515,185.00 to: Zenon Environmental  
Corporation dba Veolia Water Technologies, Richmond, CA.  
(Utilities SS-24-095) (Jeremy McCall/Robin R. Wilson)  
Sole Source Contract: Hydrogen Peroxide Regenerated  
Iron-Sulfide Control  
Award a five-year Sole Source contract for Hydrogen Peroxide at  
an estimated annual expenditure of $450,000.00 to US Peroxide  
LLC dba USP Technologies, Atlanta, GA (Utilities SS-24-061)  
(Jeremy McCall/Robin R. Wilson)  
MC 2023-160  
5.  
Mutual Aid and Assistance Agreement: Yuma Proving Ground  
Approve a Mutual Aid and Assistance Agreement between the  
U.S. Army Garrison, Yuma Proving Ground AZ and the City of  
Yuma Fire Department for mutual aid in fire prevention, the  
protection of life and property from fire, and firefighting to include  
emergency services, including basic medical support, basic and  
advanced life support, hazardous material containment and  
confinement, and special rescue events involving vehicular and  
water mishaps, and trench, building, and confined space  
extractions. (Fire/Administration) (Dusty Fields).  
Attachments:  
1. AGMT Mutual Aid and Assistance: Yuma Proving Ground  
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.  
R2023-047  
1.  
2023 Special Election: Election Board  
Approve the appointed election board for the 2023 City of Yuma  
Special Election to be held November 7, 2023. (City  
Administration/City Clerk) (Lynda L. Bushong)  
Attachments:  
1. RES 2023 Spc Election: Election Board  
2. EXH A 2023 Spc Election: Election Board  
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.  
O2023-032  
1.  
Lease Amendment: Tesla Motors, Inc.  
Authorize an amendment to the Ground Lease with Tesla Motors,  
Inc. to allow the charging of third-party electric vehicles.  
(Administration/City Attorney) (Jay Simonton/Richard Files)  
Attachments:  
1. ORD: Amend Tesla Ground Lease  
O2023-033  
2.  
Development Agreement and Transfer of City-Owned Property:  
Mesa Heights Affordable Housing Project  
Declare City-owned property surplus and approve a development  
agreement with the Arizona Housing Development Corporation for  
the construction of six two-bedroom affordable rental housing units  
on three parcels owned by the City in the Mesa Heights  
neighborhood. (Planning and Neighborhood Services) (Jay Nance)  
Attachments:  
1. MAP: Mesa Heights Affordable Housing Project  
2. ORD: Mesa Heights Affordable Housing Project  
3. AGMT: Mesa Heights Affordable Housing Project  
IV. PUBLIC HEARING AND RELATED ITEMS  
The following statutory compliance hearing may result in the introduction of Ordinance  
O2023-034.  
O2023-034  
1.  
Statutory Compliance Hearing/Amendment: Ordinance  
O2019-037  
Pursuant to A.R.S. § 9-462.01, conduct a public hearing to  
determine compliance with the conditions of approval for rezoning  
Ordinance O2019-037, and introduce an ordinance to amend  
O2019-037 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 3E and 38th St Alignment  
2. MAP Statutory Compliance: SEC Ave 3E and 38th St Alignment  
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:  
• Americans With Disabilities Act (ADA) Advisory Commission  
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 October 5, 2023 through October 17, 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.  
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:  
A. Discussion, consultation with, and/or instruction to legal counsel regarding the One  
Arizona Opioid Settlement Memorandum of Understanding. (A.R.S. § 38-431.03 A3 & A4)  
B. Discussion, consultation with, and/or instruction to legal counsel regarding the City of  
Yuma Investment Policy. (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.