Minutes of the Study Session of July 15, 2024
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Meeting Minutes
City Council Study Session
July 15, 2024 | 6:00 p.m.
Chandler City Council Chambers
88 E. Chicago St., Chandler, AZ
Call to Order
The meeting was called to order by Mayor Kevin Hartke at 6:06 p.m.
Roll Call
Council Attendance
Appointee Attendance
Mayor Kevin Hartke
Tadd Wille, Acting City Manager
Vice Mayor OD Harris
Kelly Schwab, City Attorney
Councilmember Angel Encinas
Dana DeLong, City Clerk
Councilmember Christine Ellis
Councilmember Mark Stewart
Councilmember Matt Orlando
Councilmember Jane Poston
Scheduled Public Appearances
MAYOR HARTKE invited Councilmember Stewart to join him for the recognitions.
1. Service Recognition
Jairo Garcia – 20 Years, City Magistrate
Michelle MacLennan – 25 Years, Cultural Development
Michael Prendergast – 25 Years, Police
Preston Pierce – 25 Years, Police
Eddie Cuthbertson – 30 Years, Police
2. Recognition – Healthy Arizona Worksite Platinum Award
MAYOR HARTKE invited Fernanda Acurio, Human Resources Manager; and Lisa Mainieri, Wellness
and Engagement Coordinator; to accept.
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MS. MAINIERI said they are honored to accept the award on behalf of Chandler and ChanLife, the
wellness program, and thanked Council for their continued support of this program provided to
the employees.
Consent Agenda and Discussion
MAYOR HARTKE announced that Item No. 20 on the agenda will be postponed to a future council
meeting.
Airport
1.
Job Order Project Agreement No. AI2405.401 with Combs Construction Company,
Inc., Pursuant to Job Order Master Agreement No. JOC2406.401, for the Airport
Annual Pavement Management
Move City Council award Job Order Project Agreement No. AI2405.401 to Combs
Construction Company, Inc., Pursuant to Job Order Master Agreement No.
JOC2406.401, for the Airport Annual Pavement Management, in an amount not to
exceed $305,120.96.
City Clerk
2.
Board and Commission Appointments
Move City Council approve the Board and Commission appointments as recommended.
City Manager
3.
Resolution No. 5818, Approving Amendment No. 6 to the Intergovernmental
Agreement for Transit Services Between the Regional Public Transportation
Authority and the City of Chandler to Provide Fixed Route Bus, Paratransit, and
RideChoice Services
Move City Council pass and adopt Resolution No. 5818, approving amendment No. 6 to
the Intergovernmental Agreement for transit services between the Regional Public
Transportation Authority and the City of Chandler to provide Fixed Route Bus,
Paratransit, and RideChoice services for fiscal year 2024-2025, in an estimated amount
of $759,523.
Communications and Public Affairs
4.
Agreement No. CP3-966-4488, Amendment No. 3, for Overflow Photocopying and
Printing Services
Move City Council approve Agreement No. CP3-966-4488, Amendment No. 3, with
LithoTech, Inc., for overflow photocopying and printing services, in an amount not to
exceed $150,000, for the period of one year, beginning August 25, 2024, through
August 24, 2025.
Community Services
5.
Agreement No. CS1-967-4327, Amendment No. 3, with Nutrien Ag Solutions, Inc.,
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and Rentokil North America, Inc., dba Target Specialty Products, for Fertilizers,
Herbicides, and Pesticides
Move City Council approve Agreement No. CS1-967-4327, Amendment No.3, with
Nutrien Ag Solutions, Inc., and Rentokil North America, Inc., dba Target Specialty
Products, for fertilizers, herbicides, and pesticides, in a combined amount not to exceed
$290,000, for a one-year term, August 1, 2024, through July 31, 2025.
6.
Construction Manager at Risk (CMAR) Construction Services Agreement No. PR2206.401
with Hunter Contracting Co., for the Pickleball and Tennis Courts at
Tumbleweed Park, Guaranteed Maximum Price (GMP) No. 1
Move City Council award CMAR Construction Services Agreement No. PR2206.401 to
Hunter Contracting Co., for the Pickleball and Tennis Courts at Tumbleweed Park GMP
No. 1, in an amount not to exceed $1,776,697.99.
JOHN SEFTON, Community Services Director, gave a briefing on the growing popularity of
pickleball and the increased demand for recreational amenities. The construction of pickleball
courts has been underway across the city since 2018, with plans for additional courts at
Tumbleweed Park and the Tennis Center. The project includes 18 pickleball courts and upgraded
LED lighting and is part of a Strategic Master Plan passed in 2021. The city has also expanded
facilities and programming to meet the demand, emphasizing community engagement. With the
approval of this construction services agreement, construction is expected to begin in October
2024 and be completed by the fall of 2025.
Development Services
7.
Job Order Project Agreement No. DS2201.403 with Caliente Construction, Inc., Pursuant to
Job Order Master Agreement No. JOC2409.401, for the Outside Plant Fiber
Telecommunications Remote Buildings – Desert Breeze
Move City Council award Job Order Project Agreement No. DS2201.403 to Caliente
Construction, Inc., Pursuant to Job Order Master Agreement No. JOC2409.401, for the
Outside Plant Fiber Telecommunications Remote Buildings – Desert Breeze, in an
amount not to exceed $1,307,410.94.
Economic Development
8.
Resolution No. 5827, Approving the Acquisition of Approximately 0.88 Acres of Vacant Land
Located at the Northwest Corner of Ray Road and Pleasant Drive from HRM CSOK, LLC, for
Five Hundred Thousand and no/100ths ($500,000.00) Dollars, Plus Closing Costs, Phase I
Environmental Site Assessment Costs, Escrow Fees, and Other Customary Related or
Investigative Costs
Move City Council pass and adopt Resolution No. 5827 approving the acquisition of
approximately 0.88 acres (38,333 square feet) of vacant land located at the northwest
corner of Ray Road and Pleasant Drive from HRM CSOK LLC, an Idaho Limited Liability
Company; authorizing the city's Real Estate Administrator to sign, on behalf of the city,
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the purchase agreement and other documents necessary to facilitate the acquisition;
and authorize an appropriation transfer of the purchase price of Five Hundred Thousand
and no/100ths ($500,000.00) Dollars, plus closing costs, Phase I Environmental Site
Assessment costs, escrow fees, and other customary related or investigative costs from
the Strategic Opportunities Reserve in the General Fund, Non-Departmental,
Designated Reserves account 101.1290.5921 to the General Fund, Economic
Development account 101.1520.6111.
COUNCILMEMBER ORLANDO asked about the estimated timeline for this project.
MICAH MIRANDA, Economic Development Director, said the negotiation regarding the disposition
of the property is nearing completion. One challenge is the need for a close date on escrow. The
tentative time frame is to release the RFP in early September.
COUNCILMEMBER ORLANDO said releasing the RFP in September is earlier than initially
discussed. Councilmember Orlando asked if the RFP would be open for 60-90 days.
MR. MIRANDA asked if Councilmember Orlando meant it would take 60-90 days for the RFP to
open, or that it would accept submissions for 60-90 days.
COUNCILMEMBER ORLANDO clarified accepting RFP submissions for 60-90 days.
MR. MIRANDA said that was correct.
COUNCILMEMBER ORLANDO estimated that the next action would come at the end of this year.
MR. MIRANDA said that after releasing the RFP, it is typically left open for 30 to 45 days to allow
for public review. During this period, there is communication with developers to address any
questions regarding the proposal. A recommendation to the Mayor and Council will be provided
for the final decision.
COUNCILMEMBER ELLIS asked if there is a chance to consider a different project. She expressed
that previous discussions have encompassed housing and commercial aspects and suggested
exploring different development scenarios.
MR. MIRANDA said the staff had been instructed to issue an RFP encompassing multiple
development scenarios.
9.
Agreement with the Greater Phoenix Economic Council (GPEC), Fiscal Year
2024-25, for Regional Economic Development Services, in the amount of
$139,678, for the period of July 1, 2024, through June 30, 2025
Move City Council approve the Fiscal Year 2024-25 agreement with the Greater
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Phoenix Economic Council (GPEC) for regional economic development services, in the
amount of $139,678, for the period of July 1, 2024, through June 30, 2025.
Fire Department
10.
Physical Examinations Appropriation for Fiscal Year (FY) 2024-25
Move that City Council approve the appropriation for Firefighter Physical Examinations
for FY 2024-25 in accordance with the IGA with the City of Phoenix, in the amount of
$200,000.
11.
Fire and Emergency Medical Dispatch Services Appropriation for Fiscal Year (FY)
2024-25
Move that City Council approve the appropriation for fire and emergency medical
dispatch services for FY 2024-25, in accordance with the current IGA with the City of
Phoenix, in the amount of $1,618,912.
Information Technology
12.
Purchase of Electronic Document Management System Professional Services
Move City Council approve the purchase of electronic document system professional
services, from InStream, LLC, in the amount of $129,600.
13.
Agreement No. 4613, Amendment No. 1, with Leapgen, LLC, for ERP Analysis
Project
Move City Council approve Agreement No. 4613, Amendment No. 1, for the ERP
analysis project with Leapgen, LLC, increasing
Law
14.
Settlements and Pursuit of Claims in the Multi-District Litigation Matter of In re
Aqueous Film-Forming Foams Products Liability Litigation
Move City Council authorize the City of Chandler's participation in settlements with
defendant manufacturers named in the public water systems' portion of the Multi-District
Litigation matter, In re Aqueous Film-Forming Products Liability Litigation, MDL
2:18-nm-2873-RMG, Case No. 2:23-cv-06881-RMG, relating to damages sustained
from products containing per- and poly-fluoroalkyl substances (PFAS) (the "MDL");
authorizing the Director of Public Works & Utilities or his designee, after consultation with
the City Attorney's Office, to complete all documentation, verify claims, and execute all
releases and agreements on behalf of the City that are necessary to participate in
settlements for the public water systems' portion of the MDL; and authorizing the City
Attorney and outside counsel to continue to pursue litigation related to PFAS on behalf of
the City.
COUNCILMEMBER STEWART requested a briefing on Item No. 14 and asked for a rundown of the
class action suit, inquiring about its impact on the water supply. He also sought information
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regarding impacts on water levels and necessary actions to be taken, including purchasing filters
or expanding the water treatment plant. Councilmember Stewart emphasized the importance of
water and public safety, highlighting the interconnected nature of these two critical factors.
TAWN KAO, Assistant City Attorney, said that the lawsuit involved multi-district litigation, where
thousands of lawsuits against manufacturers of "forever chemicals" called PFAS were
consolidated and overseen by a federal judge in South Carolina. Staying in the case was in the
city's best interest because pursuing separate litigation would be costly, and participating in
settlements with defendants would provide a greater guarantee of recovery.
COUNCILMEMBER STEWART asked about the current water situation and where it may lead.
JOHN KNUDSON, Public Works and Utilities Director, said that Chandler has completed EPA-
mandated monitoring and testing on their water supplies and complies with all established
maximum contaminant rules. The EPA aims for a contaminant level of about four parts per trillion,
and Chandler's water system will continue to be monitored and tested accordingly. Plans for the
water treatment plant include addressing TTHM (trihalomethane) issues and potential PFAS
contamination from the canal as part of the current capital program.
COUNCILMEMBER STEWART asked if the city receives revenue from the lawsuit settlement, it will
offset some of the costs of the water treatment plant updates.
MR. KNUDSON said that is correct.
COUNCILMEMBER ORLANDO asked about the progress of the settlement case.
MS. KAO said that two defendants, 3M and Dupont (or Dupont-affiliated companies), have settled
and been approved by the court. Two other defendants, Tyco and Bassive Corporation, have also
preliminarily settled, pending court approval during an objection period. There are at least two
dozen defendants, and possibly more to come. Each settlement varies in timing and terms. For
example, 3M settled for 10.5 billion to 12.5 billion, to be paid out over 10 years, while the other
defendants will receive lump sum payments and be paid out much sooner.
COUNCILMEMBER ORLANDO said Chandler, as well as all 50 states are involved in the lawsuit.
MS. KAO said yes, the State of Arizona's Attorney General filed in this litigation.
COUNCILMEMBER ORLANDO asked if the likelihood of receiving significant funding is high.
MS. KAO said that, at this point, the formula relies on the participation of all involved parties. Many
cities and towns chose not to participate. The outcome depends on the number of participants,
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their detection levels, and various other factors. Formulas are based on the flow rates of Public
Water Systems, so it is too early to make predictions on any distributions of funds.
COUNCILMEMBER ORLANDO asked if they have advantages in obtaining resources or if the
distribution is based on population or another formula.
MS. KAO said that specific formulas determine who gets priority based on timing. The City of
Chandler was able to secure 3 million in funding in Phase One, so it was among the first to receive
support along with others at the beginning.
MAYOR HARTKE asked if multiple groups represented the issue, he wanted to know if there was
an assignment by geography or if multiple groups were vying to represent cities.
MS. KAO said that the city’s counsel is one of the five lead firms involved in the litigation. Their
local counsel also represents interests in the opioid settlement litigation alongside other firms.
They are proud to be one of the leading firms in this litigation.
MAYOR HARTKE asked about the recent EPA listing. Before the current crackdown, it was
measured in parts per billion.
MR. KNUDSON said that the previous regulation was in the 50 parts per billion range. Staff will
follow up with the exact amount.
COUNCILMEMBER ELLIS asked about the potential for expanding partnerships, specifically about
partnering with SRP or other groups within the water industry with whom Chandler previously
collaborated.
MR. KNUDSON said that the city is constantly seeking partnerships and has been quite successful
with many of them. In this situation, the sources of the contaminant PFAS could be from various
places. For example, it could be present in the surface water coming from the mountains,
contaminated during runoff, and may run across lands with this contamination, ultimately getting
into the surface water. It could also be found in the groundwater. An example of this is Tucson,
which has had issues near the Air Force bases where firefighting foam containing PFAS had been
used for many years. This has led to potential contamination of wells down the flow path of the
water. Fortunately, Chandler is not in as risky a position. The city has two main areas of concern:
the airport and the fire training center. However, since wells are not located near these sites, there
have not seen any issues. When the concern about PFAS arose, the Fire Department promptly
ceased using the foam.
COUNCILMEMBER ELLIS thanked Mr. Knudson for his visionary approach to recognizing the need
for well-maintenance.
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COUNCILMEMBER STEWART clarified that the new EPA standard is four parts per trillion.
MR. KNUDSON said that is correct.
COUNCILMEMBER STEWART asked where the focus of the city’s efforts should be aimed.
MR. KNUDSON mentioned that Chandler’s system has many water sources, including 32 wells and
two surface water plants.
COUNCILMEMBER STEWART asked from what source does tap water come from.
MR. KNUDSON said that with the city’s well or distribution system is that water may be sourced
from different wells or surface water plants.
COUNCILMEMBER STEWART stated that the city has had access to good drinking water for decades
and appears to be heading in the right direction for the future.
MR. KNUDSON said that PFAS has been considered under the EPA's unregulated contaminant
rule, and this is the first time in about five or six years that it has been looked at closely. He noted
that the city has been following the rules and conducting the required testing as instructed.
COUNCILMEMBER STEWART affirmed that Chandler’s water is safely under the limit of the
contamination standard.
Management Services
15.
Liquor License Series 12, Restaurant Liquor License Application for Jared
Michael Repinski, Agent, Grow a Pear, LLC, DBA Perfect Pear Bistro
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 297111, a Series 12, Restaurant Liquor License,
for Jared Michael Repinski, Agent, Grow a Pear, LLC, DBA Perfect Pear Bistro, located
at 2510 W. Chandler Boulevard, Suite 1, and approval of the City of Chandler, Series
12, Restaurant Liquor License No. 307522.
16.
New License Series 12, Restaurant Liquor License Application for Amy S.
Nations, Agent, Angie's Food Concepts, LLC, DBA Angie's Prime Grill & Lobster
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 296061, a Series 12, Restaurant Liquor License,
for Amy S. Nations, Agent, Angie's Food Concepts, LLC, DBA Angie's Prime Grill &
Lobster, located at 4989 W. Ray Road, and approval of the City of Chandler, Series 12,
Restaurant Liquor License No. 307442.
17.
New License Series 3, Domestic Microbrewery Liquor License Application for
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Jeffrey Dean White Jr., Agent, Exasperated Engineer Brewing, LLC, DBA
Exasperated Engineer Brewing
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 296544, a Series 3, Domestic Microbrewery Liquor
License, for Jeffrey Dean White Jr., Agent, Exasperated Engineer Brewing, LLC, DBA
Exasperated Engineer Brewing, located at 1202 E. Bartlett Way, and approval of the
City of Chandler, Series 3, Domestic Microbrewery Liquor License No. 307009.
18.
Request to Add Sampling Privileges for a Series 9, Liquor Store Liquor License
for Steven Patrick Mayer, Agent, Raley's Arizona, LLC, DBA AJ's Fine Foods #87
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 298813, a Series 9 Sampling, Liquor Store License
for Steven Patrick Mayer, Agent, Raley's Arizona, LLC, DBA AJ's Fine Foods #87,
located at 7131 W. Ray Road, and approval of the City of Chandler Series 9 Sampling, Liquor
Store Liquor License No.302442 L9.
Mayor and Council
19.
Resolution No. 5825 City Council Rules and Procedures Amendment
Motion City Council pass and adopt Resolution No. 5825 City Council Rules and
Procedures amendment to Section VIII - Order of Business to establish a public
comment agenda item at City Council work sessions and subcommittee meetings.
Police Department
20.
Sole Source Purchase of Taser Conducted Energy Weapons (CEW)
Move City Council approve the sole source purchase of Taser Conducted Energy
Weapons (CEW), from Axon Enterprise, Inc., in the amount of $1,301,188.30, over a
five-year period.
Public Works and Utilities
21.
Agreement No. PW5-890-4794, with Ferguson Enterprises LLC, for Water Meters
Move City Council approve Agreement No. PW5-890-4794, with Ferguson Enterprises
LLC, for water meters, in an amount not to exceed $3,500,000, for the period of July 1,
2024, through June 30, 2025.
22.
Agreement No. PW1-745-4336, Amendment No. 3, with Vincon Engineering
Construction, LLC, for Right-of-Way Repairs
Move City Council approve Agreement No. PW1-745-4336, Amendment No. 3, with
Vincon Engineering Construction, LLC, for right-of-way repairs, in an amount not to
exceed $200,000, for a one-year period, August 1, 2024, through July 31, 2025.
23.
Agreement No. ST0-988-4194, Amendment No. 4, with BrightView Landscape
Services, Inc., for Revegetation and Storm Repair Services
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Move City Council approve Agreement No. ST0-988-4194, Amendment No. 4, with
BrightView Landscape Services, Inc., for revegetation and storm repair services, in an
amount not to exceed $665,000, for a one-year period, August 1, 2024, through July 31,
2025.
24.
Agreement No. PW2-988-4516, Amendment No. 2, with BrightView Landscape
Services, Inc., for Landscape Maintenance Areas 1 through 4
Move City Council approve Agreement No. PW2-988-4516, Amendment No.2, with
BrightView Landscape Services, Inc., for landscape maintenance areas 1 through 4, in
an amount not to exceed $2,965,746, for a one-year period, August 22, 2024, through
August 21, 2025.
25.
Introduction and Tentative Adoption of Ordinance No. 5104 Granting a
Non-Exclusive Power Distribution Easement to Salt River Project Agricultural
Improvement and Power District, at No Cost, for Electrical Facilities Necessary for
the Reclaimed Water Interconnect Facility (RWIF) Improvements
Move City Council introduce and tentatively adopt Ordinance No. 5104 granting a
non-exclusive Power Distribution Easements.
Informational
26.
Special Event Liquor Licenses and Temporary and Permanent Extensions of
Liquor License Premises Administratively Approved
27.
Contracts and Agreements Administratively Approved, Month of June 2024
28.
Claims Report for the Quarter Ended June 30, 2024
Adjourn
The meeting was adjourned at 6:41 p.m.
ATTEST: _______________________
______________________________
City Clerk Mayor
Approval Date of Minutes: August 12, 2024
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Certification
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study
Session of the City Council of Chandler, Arizona, held on the 15th day of July 2024. I further certify
that the meeting was duly called and held and that a quorum was present.
DATED this _______ day of August, 2024.
__________________________
City Clerk
Agenda Item No. 19
July 15, 2024 Study Session