City of Somerton Regular Council Meeting Minutes Tuesday, January 19, :00 PM City Hall, Council Chambers

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City of Somerton

Regular Council Meeting

Minutes

Tuesday, January 19, 2021 7:00 PM City Hall, Council Chambers

PRESENT: Mayor Gerardo Anaya, Vice Mayor Juan Castillo, Council Member Carlos Gonzalez, Council Member Jesus Roldan, Council Member Luis Galindo, Council Member Martha Garcia, and Council Member Miguel Villalpando

1. CALL TO ORDER

Meeting called to order at 7:00 p.m. by Mayor Gerardo Anaya.

2. PLEDGE OF ALLEGIANCE

Vice Mayor Juan Castillo led the Pledge of Allegiance.

3. ROLL CALL

4. CALL TO PUBLIC

This is the time for the public to comment. Members of the City Council may not discuss items that are not specifically identified on the agenda. Therefore, pursuant to A.R.S. § 38-431.01 (G), action taken as a result of public comment will be limited to directing staff to study the matter, responding to any criticism or scheduling the matter for further consideration and decision at a later time.

Mayor Anaya opened the meeting to receive comments from the public. The public offered no comments.

5. CONSENT AGENDA

All matters listed here are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the CONSENT AGENDA and will be considered separately.

6. PUBLIC HEARING

6.1. Public Hearing relating to the proposed 2012-2014 Amendments to the City of Somerton Tax Code.

Jorge Lozano, City Attorney, said this was a public hearing to hear comments from the public either for or against any of the proposed amendments to the Tax Code.

Mr. Lozano said that following this public hearing, at a future meeting, we would need to entertain a resolution to pass these amendments. Mr. Lozano added the Municipal Tax Code Commission looked at our model Tax Code and notice we have fallen behind on some of the proposed statewide amendments. The League is attempting to have all municipalities catch up with all the 2012-2014 amendments for uniformity purposes. Mr. Lozano said that all of these changes

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have been approved by the model City Tax Code Commission and must be adopted and approved by every city and town. Mr. Lozano said that we were not proposing any changes to the tax rates but only to the language to get the City to par with what the current state law is. Mr. Lozano said that the notice of this hearing was published in the newspaper as required by law.

Motion to open Public Hearing.

RESULT: Carried

MOVER: Council Member Carlos Gonzalez SECONDER: Council Member Jesus Roldan

AYES: Mayor Gerardo Anaya, Vice Mayor Juan Castillo, Council Member Carlos Gonzalez, Council Member Jesus Roldan, Council Member Luis Galindo, Council Member Martha Garcia, and Council Member Miguel Villalpando

Motion to close Public Hearing.

MOVER: Council Member Carlos Gonzalez SECONDER: Vice Mayor Juan Castillo

7. PRESENTATIONS

8. OLD BUSINESS

All items are for discussion and possible action.

9. NEW BUSINESS

All items are for discussion and possible action.

9.1. Discussion and possible consideration to contract James Davey and Associates to perform engineering design services for the Somerton Heights Subdivision Project.

Samuel Palacios, Public Works Director, said that on November 2020, his department presented to Council the engineering firms that submitted their proposals for engineering services and recommended PACE Engineering, Nicklaus Engineering and James Davey and Associates to be the selected engineering firms to enter negotiations for future water and wastewater improvement projects. Mr. Palacios said that James Davey and Associates have submitted their proposal and the proposed cost is to be $44,585 which includes the replacement of the old asbestos water main lines with new 6’ PVC line and new services. He added that the project will also replace the old, damaged asphalt with new pavement section at all road segments within this subdivision and new sidewalks ramps at all corners to meet ADA requirements.

For City Council to approve the proposal from James Davey and Associates for the design of the Somerton Heights Water Replacement and Street Reconstruction Project with a total cost of $44,585.00.

MOVER: Council Member Jesus Roldan SECONDER: Council Member Martha Garcia

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9.2. Discussion and possible action to contract Nicklaus Engineering to perform engineering design services for the State Avenue Street Re-Construction Project.

Samuel Palacios, Public Works Director, said that Nicklaus Engineering submitted their proposal in the amount of $53,844.80. Mr. Palacios said that the design will include the replacement of the old, damaged asphalt with new pavement section, new vertical curb and gutter, concrete driveways, sidewalks and sidewalk ramps and pedestrian lighting. Mr. Palacios said that this project will solve the drainage issue along this roadway by installing new storm drain system. He added that his department is planning to apply for CDBG SSP funds in order to construct this project. Mr. Palacios said that if the grant does not get approved it will be budgeted in the coming years.

Council Member Miguel Villalpando made sure that the design needed to be approved by Council prior to any submittal for the grant because families along 8th Street and north of Spring Street spent a large amount of money on the trees and landscaping. Mr. Cabrera added that some of the trees might be removed because of the roots and maintenance to avoid liabilities for the City. Mr. Cabrera said this will be taking into consideration and will let the community know what is happening in the area.

Motion to approve the proposal from Nicklaus Engineering for the design of the State Avenue Street Reconstruction Project in the amount of $53,844.00.

MOVER: Council Member Miguel Villalpando SECONDER: Council Member Carlos Gonzalez

9.3. Discussion and possible action to approve a request from T-Mobile Corporation for a Utility Easement to install fiber optic at the existing Vertical Bridge/Cleartalk Monopole Tower located at Joe Munoz Park.

Carmen Juarez, Community Development Director, said that T-Mobile Corporation had approached the City with the possibility of co-locating on the existing Vertical Bridge/Cleartalk Monopole Tower located at Joe Munoz Park. Ms. Juarez said that the new equipment would require to run a fiber optic internet cable from Somerton Avenue to the existing antenna along a new proposed 8’x 166.67’ utility easement.

Ms. Juarez mentioned that the company’s representative is willing to contribute up to $10,000 to the City of Somerton for granting of this easement.

Council Member Carlos Gonzalez asked if there an existing easement already and Ms. Juarez answered there is on the south side of the property that will allow T- Mobile to bring the fiber optic from Somerton Avenue to an existing utility easement on the south side. Jesus Meza, Parks and Recreation Director, said this will not affect any operations projects or future projects at Joe Munoz Park. Mr.

Meza stated what is being requested is behind the fence and is basically an empty space. Jorge Lozano, City Attorney, said that once the City grants the easement, it will be a forever easement. Ms. Juarez said a renewal of the existing agreement

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will be brought to Council as it needs to be renewed every five years now with an increase in rent of 15%. Ms. Juarez said that the Somerton Parks and Recreation Commissions recommended the approval of the T-Mobile Fiber Optic Utility Easement with the conditions listed on Exhibit B of this agenda packet.

Motion to approve the T-Mobile Fiber Optic Utility Easement Recordation with conditions from Exhibit B.

MOVER: Council Member Carlos Gonzalez SECONDER: Council Member Miguel Villalpando

10. SUMMARY OF CURRENT EVENTS / FUTURE AGENDA ITEMS

Jerry Cabrera, City Manager

The County received 6,900 Modena vaccine doses today, January 19.

• Yuma County Health opened appointments at 1:00 pm today, Jan. 19 for Prioritized 1B individuals, for Yuma County Health Clinics to be held Thursday, Jan. 21 and Friday, Jan 22. All appointments were filled by 2:50 pm.

• Appointments for the second dose for Priority 1A individuals are available via the State’s online portal, for Yuma County Health Clinics that will be held Wednesday, Jan 27 and Thursday, Jan 28. Once they are filled the portal will indicate no appointments available.

Yuma County is following direction provided by the State on vaccine administration. Prioritized 1B include only teachers, protective services/law enforcement and adults 65 and older. These are the only groups eligible for vaccinations until the State provides Yuma County with direction and sufficient vaccine to move on to the last two boxes in the 1B category. These other 1B groups include Essential Services/Critical Industry Workers such as Agriculture, Utilities, State and Local Government and other essential workers. It also includes Adults with High-Risk Conditions in Congregate Settings. Of the 6,900 doses received, Yuma County Health distributed 4,500 doses to YRMC, Sunset Health and Regional Center for Border Health. Yuma County does not know what plans YRMC, Sunset Health or Regional Center for Border Health may have for vaccine administration. It is their decision on how to deliver the vaccine to individuals in the 1A and Prioritized 1B categories, which are the first 3 boxes in the 1B category.

Future reference: income tax for last year and this year will be lower than expected.

Samuel Palacios, Public Works Director

• Fulton and Council Avenue Street Re-construction Project; Project was advertised on the Yuma Daily Sun, the plans and project specifications were also sent to the Plan Rooms. Pre-bid Meeting will be held this coming Thursday January 21, 2021.

• An update on the Water Tank Project; Contractor is on site working on the

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re-installation of the sensors to turn on/off the water wells and performing housekeeping to complete the project.

• An update on the Cesar Chavez Project; Utility crew continues with the installation of the storm drainpipe and catch basins, also contractor started the installation of the electrical conduit for future streetlights.

Araceli Juarez, Chief of Police

• Working on regression testing on our Computer Assisted dispatching, mobile units and our Records system merging process

• All our computers are being updated in order to comply with the new Tyler Updates

• The entire staff continues online training.

• A large group of our staff will be getting their 2nd vaccine done this Thursday.

Carmen Juarez, Community Development Director

• Staff received a request to change the layout of the approved subdivision plat for Townhomes at Somerton Square, will be working with the applicant to review the new changes

• Staff has also received a number of inquiries for potential Recreational Marijuana sites within the city. Staff is currently awaiting submittals of applications for CUPs as the applicants are moving forward with the State Department of Health Services to obtain their license.

• An invitation to join the Residential and Commercial Advisory and Appeal Board has been open for several months and we have not received any letters of interest. This particular Board requires expertise or knowledge in specific areas of design and construction. As of today, we have two positions that expired in 2019 and two additional positions that have recently expired and the current members have not yet submitted their letters to be re-appointed. We are inviting city residents and non-residents to submit their letter of interest if they are the following: an Architect licensed in the state of AZ, a Professional Engineer licensed in AZ, a General Contractor licensed in AZ, a Contractor engaged in the electrical, mechanical or plumbing trade and licensed in the State of AZ and a resident of the City with no experience in any trade. Any persons whose background approximates the knowledge and expertise being required may also be able to submit a letter of interest to be considered by Council.

Hector Tapia, Economic Development Director

• Oriental House (Chinese Restaurant). Joe Chen has signed a lease contract to occupy the restaurant space where “El Taco Loco” is located at the southeast corner of Bingham Avenue and Main Street (Gas station and Mini-Mart). The building Mr. Chen has purchased at 227 W Main St will be remodeled as proposed, but for the time being, it will be used as the central kitchen for the Yuma and Somerton restaurant businesses.

• New Car Wash. Edais Engineering has started the car wash building design that will be also located at the gas station/mini-mart location.

• Community Branding Project. These are the meeting dates and times:

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o Zoom Meeting, January 26 at 11 AM to 12:30 PM (conversation to be in Spanish)

o In person at Council Chambers, February 16 at 2:30 PM to 4 PM (conversation in English) – and online.

o In person at Council Chambers, February 16 at 5:30 PM to 7 PM (community leaders, city council). – and online.

Paul De Anda, Fire Chief

• Yuma County Health finally opened the vaccines for the 1-A personnel to receive their 2nd dose today. All fire department personnel have been logging onto the AZDHS website and scheduling their 2nddose.

• With the help of Vanessa Iturbide, we sent out a PSA that has been very well received. This PSA is to encourage the public to not hesitate to call 9- 1-1 if they are sick or injured. The reason for the PSA is that we have had double the amount DOA’s (Dead on arrivals) due to people not calling until it is too late. We believe that this is the result of COVID fatigue and people becoming locked in to a “social distancing” trance.

• We have now hired 4 of the 6 vacancies that we had. Battalion Chief Carlos and Firefighter Carlos Correa have been recruiting and as a result we should be fully staffed for the first time in a year.

Czarina Gallegos, Finance Director

• Was out on COVID leave from December 29 through January 13th

• Reviewing all Payroll Entries from October through December as they were uploaded into Caselle between the last week of December and last week and I was out of the office on COVID at that time.

• Answering final questions and providing information to the Auditors for the 2020 Audit

• The new Accounts Payable Clerk begins February 1st Jesus Meza, Parks and Recreation Director

• Nicklaus Engineering forwarded revised proposal for Joe Muñoz Park skatepark currently under review.

• Change order for Joe Muñoz Court Project currently was reviewed by staff and feedback was received from other departments.

• CC HVAC project proposal by Nicklaus Engineering was approved and notice to proceed with design was forwarded on 1/13/21.

Jorge Lozano, City Attorney and Chief Operation Officer, there are two employees on COVID leave; federal protection expired December 31, 2020. To better serve our employees its best to expand our COVID leave until March 31, 2021.

Council Member Martha Garcia said last food drive was a success, event ran out of food, next food drive will be second Saturday of February at 3 p.m. at Joe Munoz Park. Ms. Garcia said the call on Friday was interesting regarding vaccines; heard about the portal and slots are gone. This is a call that Yuma is not receiving enough vaccines. Thanked staff for being here and make the City run as

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it is.

Mayor Gerardo Anaya said there has been some issues with vaccines and all the Mayors in the area send a letter to the governor for things to hopefully start getting better.

11. EXCUTIVE SESSION

City Council may vote to hold an Executive Session for the purpose of obtaining legal advice from the Council’s Attorney on any matter listed on the agenda, pursuant to Arizona Revised Statute §38- 431.03(A)(3).

11.1. Vote to meet in executive session for the City of Somerton to discuss and consult with its representatives concerning negotiations for the purchase, sale, or lease of real property generally located within the area of Main Street and Cesar Chavez Avenue adjacent to the proposed high school site. A.R.S. § 38-431.03(A)(7).

Move to enter in Executive Session at 7:49 p.m.

MOVER: Council Member Carlos Gonzalez SECONDER: Council Member Jesus Roldan

Motion to exit Executive Session 8:11 p.m.

MOVER: Council Member Carlos Gonzalez SECONDER: Council Member Luis Galindo

12. ADJOURNMENT

Mayor Anaya adjourned the meeting at approximately 8:11 p.m.

Gerardo Anaya, Mayor

Andrea Moreno, Deputy City Clerk