Jul 15, 2024 City Council Study Session 07/15/2024

UM, WELL, I'D FIRST LIKE TO BRING UP OUR HONORABLE JUDGE, JUDGE SCEN FOR OUR FIRST SERVICE RECOGNITION.

WE DO HAVE FIVE SERVICE RECOGNITIONS TONIGHT, AND, UM, SHE WILL PRESENT THE FIRST ONE.

THE NEXT THREE RECOGNITIONS WE HAVE ARE IN OUR POLICE DEPARTMENT, AND I'D LIKE TO WELCOME OUR CHIEF CHAPMAN UP TO PRESENT THOSE RECOGNITIONS.

UH, MAYOR COUNCIL, I'D LIKE TO INVITE HIRO GARCIA UP TO THE FRONT TO RECEIVE HIS 20 YEAR RECOGNITION.

HIRO, UH, CONGRATULATIONS ON ACHIEVING YOUR 20 YEAR ANNIVERSARY WITH US.

WE KNOW THAT YOU'VE WORKED HARD FOR THIS ACCOMPLISHMENT AND TRULY APPRECIATE YOUR DEDICATION.

HIRO IS A CHERISHED MEMBER OF THE COURT OFFERING YEARS OF INSTITUTIONAL KNOWLEDGE THAT WE CANNOT REPLACE.

HIRO GREW UP IN CHANDLER, ATTENDED CHANDLER HIGH SCHOOL AND ACTUALLY JOINED OUR CITY AS A STUDENT THROUGH THE COE, UM, STUDY PROGRAM THAT THEY HAD THERE.

SO HE'S BEEN WITH US EVER SINCE.

ASIDE FROM HIS UNDERSTANDING OF THE COURT SYSTEM, HE IS VERY FRIENDLY.

HE BRINGS A SENSE OF HUMOR AND A SENSE OF COMFORT TO THE COWORKERS HE WORKS WITH, AS WELL AS THE PEOPLE HE SERVES AT THE COURT.

HE HAS AN EXTRAORDINARY ABILITY TO MAKE EVERYONE AROUND HIM FEEL COMFORTABLE AND IMPORTANT.

ON A PERSONAL NOTE, HIRO IS OUR RESIDENT MACGYVER.

HE CAN FIX ANYTHING WITH A HAMMER, A PAPERCLIP, AND A LITTLE DUCT TAPE.

UM, AND WE, WE SEE HIM AN ACTION ALMOST EVERY DAY.

HE IS ALSO A PRIZE WINNING PIGEON RACER.

SO THAT'S A VERY INTERESTING HOBBY THAT HE HAS, AND YOU CAN ASK HIM ABOUT THAT ANOTHER TIME.

UM, HIRO, THANK YOU FOR YOUR COMMITMENT TO THE COURT AND TO THE CITY OF CHANDLER.

WE APPRECIATE EVERYTHING YOU'VE DONE OVER THE LAST 20 YEARS, AND PLEASE DON'T LEAVE US.

THANK YOU, .

JUDGE.

OH, I FORGOT.

SO I GET THE HONOR AND THE PRIVILEGE OF RECOGNIZING THIS NEXT INDIVIDUAL FOR 25 YEARS OF SERVICE.

THAT'S MICHELLE.

UM, SO MICHELLE STARTED AT THE CITY IN 1999 WHERE SHE BECAME, AND SHE BECAME THE MANAGER OF THE ARTS CENTER DIVISION IN 2014.

AS THE PRESIDENT OF THE CULTURAL FOUNDATION AND WITH THE DEDICATED BOARD OF DIRECTORS, THE FOUNDATION'S ENDOWMENT HAS MORE THAN DOUBLED IN THE LAST FIVE YEARS, FROM 3.4 TO 7.1 MILLION.

HER VISION FOR THE ART CENTER'S PLACE IN THE COMMUNITY HAS BEEN RECOGNIZED BY THE PHOENIX BUSINESS JOURNAL AS AN OUTSTANDING WOMAN IN BUSINESS IN 2016.

MICHELLE WAS HONORED IN 2006 WITH A FELLOWSHIP FROM THE VIR, UH, VIRGINIA G PIPER CHARITABLE TRUST.

AND IN 2024 AS AN ARTS HERO BY ON MEDIA.

SHE WAS ELECTED BY HER PEERS AS PRESIDENT OF THE ARIZONA PRESENTERS ALLIANCE, A STATE CONSORTIUM OF ART PRESENTERS.

HER PASSION IS EXPANDING DIVERSE CULTURAL EXPERIENCES AND CREATING LIFELONG ARTS LOVERS.

THANK YOU, MICHELLE, FOR YOUR DEDICATION TO THE CITY, AND WE WISH YOU MUCH SUCCESS DURING THE CENTER'S UPCOMING 35TH ANNIVERSARY.

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GOOD EVENING.

UH, THE FIRST ONE I'M, UH, GOING TO PRESENT IS FOR 25 YEARS FOR MICHAEL PRE GAST.

MIKE BEGAN HIS CAREER WITH CHANDLER PD IN 1999.

IS IMPORTANT TO MENTION THAT MIKE IS A CHANDLER NATIVE, AND PRIOR TO JOINING THE POLICE DEPARTMENT, HE SERVED IN THE MARINE CORPS FROM 1995 TO 1999, MIKE STARTED HIS CAREER IN THE POLICE DEPARTMENT AS A PATROL OFFICER AND SERVED IN MANY CAPACITIES DURING HIS 25 YEARS TO INCLUDE RECRUIT, TRAINING OFFICER, , FIELD TRAINING OFFICER, HONOR GUARD, SWAT, THE NEIGHBORHOOD RESPONSE TEAM.

HE'S CURRENTLY ASSIGNED AS A PROFESSIONAL STANDARDS LIEUTENANT, OVERSEEING THE DEPARTMENT'S HIRING UNIT IN INTERNAL AFFAIRS 2007 MICRO AND A BACHELOR'S DEGREE FROM NAU AND LATER WENT ON TO EARN HIS MBA.

MIKE HAS EARNED THE RESPECT OF HIS PEERS BY SETTING HIGH STANDARDS FOR HIMSELF AS WELL AS THOSE AROUND HIM.

HIS QUALITY IS EXCEPTIONAL.

HE EMBODIES A STRONG WORK ETHIC, EXCEPTIONAL COMMUNICATION, AND ATTENTION TO DETAIL.

CONGRATULATIONS ON YOUR 25 YEARS OF SERVICE, AND HIS DAUGHTER ASHLEY IS HERE TONIGHT TO WATCH THIS PRESENTATION.

SO, CONGRATULATIONS.

ASHLEY, COME UP HERE AND GET YOUR PICTURE.

THAT'S, UH, THE NEXT ONE IS ALSO FOR 25 YEARS FOR COMMANDER PRESTON PIERCE.

UH, PRESTON PIERCE JOINED THE CHANDLER POLICE DEPARTMENT ON JULY 26TH, 1999.

THROUGHOUT HIS CAREER, HE IS HELD VARIOUS ROLES INCLUDING PATROL, BIKE, BICYCLE, PATROL OFFICER, AND PROPERTY CRIMES.

DETECTIVE.

IN 2015, COMMANDER PIERCE WAS PROMOTED TO SERGEANT OVERSEEING A VARIETY OF TEAMS AND LATER ADVANCED TO LIEUTENANT WHERE HE MANAGED BOTH PATROL AND PROPERTY CRIMES.

HE'S PURPOSELY SERVED AS THE SWAT COMMANDER, AS CURRENTLY ASSIGNED AS A COMMANDER IN THE CHANDLER HEIGHTS PRECINCT.

HIS DEDICATION, EXCEPTIONAL SERVICES IN EARNED HIM NUMEROUS ACCOLADES SUCH AS SWAT OPERATOR OF THE YEAR IN 2013, A MULTI-YEAR MERITORIOUS SERVICE AWARD, AND A UNIT CITATIONS FOR HIS OUTSTANDING WORK ON THE BICYCLE PATROL TEAM.

AND IN THE PROPERTY CRIMES UNIT, COMMANDER PIERCE'S UNWAVERING COMMITMENT TO PUBLIC SAFETY AND THE PERFORMANCE IN EVERY POSITION MAKES HIM AN ASSET TO THE CHANDLER POLICE DEPARTMENT.

HIS DIVERSE EXPERIENCE AND DEDICATION TO DUTY ARE TESTAMENT TO HIS PROFESSIONALISM AND PASSION FOR LAW ENFORCEMENT REFLECTING THE HIGHEST STANDARDS OF THE DEPARTMENT AND INSPIRING THOSE AROUND HIM.

AND I'M PROUD TO SAY THAT 48 HOURS AGO, HE WAS PROMOTED TO COMMANDER.

SO CONGRATULATIONS.

BIG OVER HERE IN CHALLENGE .

CONGRATULATIONS, COMMANDER.

MOVE.

AND LAST NOT LEAST, WE HAVE A 30 YEAR OFFICER IN EDDIE CUTHBERTSON, NOT UP.

EDDIE.

OFFICER EDDIE CUTHBERTSON HAS HAD A DISTINGUISHED CAREER OVER THE PAST 30 YEARS.

HE HAS SERVED IN THE PATROL DIVISION AS A SCHOOL RESOURCE OFFICER, BACKGROUND INVESTIGATOR ON-CALL DRUG RECOGNITION EXPERT FOR THE VEHICLE CRIMES UNIT, AND MOTORCYCLE OFFICER.

OFFICER KHEN HAS BEEN THE IMPAIRED DRIVING COORDINATOR FOR OVER 10 YEARS AT THE POLICE DEPARTMENT.

THE RELATIONSHIPS HE'S BUILT IN THE IMPAIRMENT COMMUNITY AND WITH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY HAVE HELPED PROVIDE MUCH NEEDED TRAINING TO OFFICERS IN CHANDLER, ARIZONA, THE COUNT THE COUNTRY, AND EVEN INTERNATIONALLY.

HE'S A RECOGNIZED IMPAIRMENT SUBJECT MATTER EXPERT IN SUPERIOR COURT.

[00:10:01]

EDDIE HAS RECEIVED NUMEROUS COMMENDATIONS FOR HIS PROFESSIONALISM FROM CITIZENS AND FELLOW EMPLOYEES, THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY AND THE I-A-C-P-I-A-C-P AS A DRUG RECOGNITION EXPERT INSTRUCTOR, THE SECOND MOST SENIOR DRUG RECOGNITION EXPERT IN ARIZONA.

HE HAS ALSO RECEIVED MAD DUI OFFICER OF THE YEAR TWO TIMES AND RECEIVED THE CHANDLER POLICE DEPARTMENT MEDAL OF HONOR.

HE IS HERE WITH HIS FAMILY TONIGHT AND TO THIS DAY, HE STILL RIDES A MOTORCYCLE AND WE CAN'T TALK HIM OUT OF IT.

CONGRATULATIONS, EDDIE.

THANK YOU FOR YOUR SERVICE.

THOSE ARE ALL OUR SERVICE RECOGNITIONS TONIGHT.

WANT FOR RECOGNITION THE HEALTHY ARIZONA WORK SITE PLATINUM AWARD.

ALL RIGHT.

WE HAVE .

WE DO HAVE MORE SCHEDULED APPEARANCES AFTER SERVICE RECOGNITIONS.

NEXT WE

[2. Recognition - Healthy Arizona Worksite Platinum Award]

SO IF I CAN CALL UP LISA MARINARA OR NER AND FERNANDO ARIO.

HOW BADLY DID I BUTCHER? ONE MORE.

ALL RIGHT.

YOU'RE NOT SUPPOSED TO MA LAUGH AT THE MAYOR WHEN HE BUTCHERS.

PEOPLE'S NAMES JULIE .

WE DO HAVE AN AMAZING WELLNESS TEAM HERE THAT WORKS HARD TO SUPPORT TEAM CHANDLER BY PROVIDING PROGRAMMING RESOURCES AND EVENTS.

IN FACT, OUR TEAM IS SO EXCEPTIONAL.

THEY WON AWARD TO APPROVE IT.

CHANNELERS HAVE RECEIVED THE HEALTHY ARIZONA WORK SITE PLATINUM AWARD FOR THE THIRD YEAR, AND THIS RECOGNITION IS WELL DESERVED.

SO WE ARE SO EXCITED.

AND LET ME TURN THIS OVER TO YOU, LISA, OR FERNANDA.

GREAT, THANK YOU.

WELL, UM, WE'RE JUST HONORED TO ACCEPT THIS AWARD ON BEHALF OF CHANDLER AND CHAN LIFE, THE WELLNESS PROGRAM.

AND I JUST WANNA THANK YOU ALL FOR CONTINUED SUPPORT OF THIS PROGRAM SO THAT WE CAN PROVIDE IT TO OUR EMPLOYEES.

THAT CONCLUDES OUR, OUR RECOGNITIONS .

THAT'S HOW YOU DO IT.

BEFORE WE GO INTO OUR NEXT SECTION, AS PEOPLE WHO ARE LEAVING, I, I JUST WANNA SAY COUNSEL, ISN'T IT GREAT THAT PEOPLE APPLAUD OUR POLICE OFFICERS WHEN, AND ALL THESE THINGS THAT WE GET TO HONOR UP HERE? I I JUST, IT BOS MY SPIRIT EVERY TIME THAT WE ARE HERE AND SEE, UH, OUR, OUR COMMUNITIES', UH, RESPECT TO OUR ORGANIZATION.

ALRIGHT, COUNCIL, NEXT ON OUR AGENDA IS, UM, COMMENTS ON A FEW QUESTIONS AND COMMENTS OR BRIEFINGS ON ITEMS THAT WE'LL BE VOTING ON ON THURSDAY.

I DO WANNA SAY BEFORE WE, UH, GET INTO THESE, THAT ITEM NUMBER 20 ON OUR AGENDA IS, UH, GONNA BE PUSHED TO A FUTURE COUNCIL MEETING.

THERE'S STILL SOME WORK YET TO BE, REMAIN ON THE CONTRACT TO COMPLETE IT SO THAT THAT WILL APPEAR PERHAPS IN THE AUGUST OR BEYOND MEETING.

SO WITH THAT

[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. Council Focus Area(s):]

FIRST ITEM CALLED IN WAS COUNCIL MEMBER ORLANDO, OR A BRIEFING ON ITEM NUMBER SIX, THE PICKLEBALL TENNIS COURT STATUS.

IT'S AN HONOR TO PRESENT TONIGHT FOR A QUICK DISCUSSION ON OUR NEXT RECREATIONAL AMENITY.

THE PICKLEBALL COURTS.

MANY OF YOU KNOW THAT PICKLEBALL IS A SUPPORT A SPORT LIKE NONE OTHER IN THAT IT HAS PICKLE IN ITS NAME BECAUSE IT'S A LOT LIKE TENNIS AND IT'S A LOT LIKE PING PONG AND A LOT LIKE BADMINTON.

AND IT'S PLAYED WITH A WHIFFLE BALL.

SO, YOU KNOW, IT'S ONE OF THOSE REALLY, UH, ENJOYABLE ACTIVITIES.

BUT OVER THE PAST 20 YEARS, WE'VE DEFINITELY SEEN AN INCREASE IN DEMAND AND

[00:15:01]

AN INCREASE IN INTEREST IN PICKLEBALL ITSELF.

SO ITEM NUMBER SIX FOR THIS WEEK IS A CONSTRUCTION SERVICES AGREEMENT FOR GMP.

NUMBER ONE FOR OUR EARLY MATERIALS PROCUREMENT, UH, WITH HUNTER CONTRACTING.

AND IT'LL BE JUST, UH, SHY OF $1.8 MILLION.

WE HAVE THROUGHOUT OR SINCE 2018, CONSTRUCTED PICKLEBALL COURTS ACROSS THE CITY.

WE HAVE SIX AT ARROWHEAD, MEADOW MEADOWS, ONE AT LA PALOMA, ONE AT OUR BUCKLE, ONE AT PECOS RANCH, AND ONE AT HOMESTEAD NORTH PARK.

SO WE'VE BEEN WORKING TO MEET THE NEEDS OF THE COMMUNITY IN THIS AREA OVER THE PAST SEVERAL YEARS.

WE EVEN, UH, EXPAND OUR TIMWE REC CENTER AND THE COMMUNITY CENTER IN THOSE GYMNASIUMS AND MULTIPURPOSE ROOMS TO PROVIDE ADDITIONAL PROGRAMMING AND LESSONS.

SO WITH THAT, UH, THIS HAS BEEN PART OF THE STRATEGIC MASTER PLAN THAT WAS PASSED IN 2021.

WE ALSO HAVE FOR BEFORE YOU, IS THE PROCUREMENT OF THE SPECIFIED CONSTRUCTION MATERIALS.

THESE ITEMS ARE THE LONG LEAD ITEMS. YOU'VE HEARD THIS BEFORE, ESPECIALLY WITH MR. KNUTSON'S, UH, ITEMS THAT COME FORWARD.

BUT THESE ARE THE LONG LEAD ITEMS THAT ARE, UH, CONSIDERABLY RISK, UH, TO THE CONSTRUCTION IF WE DO NOT HAVE THEM ON SITE.

SO ITEMS LIKE ELECTRICAL, ELECTRICAL EQUIPMENT, SHADE, RAMADA, MASONRY, STRUCTURAL STEEL, SEWER, WATER, AND STORM DRAIN PIPE, AND OF COURSE, THE LIGHT POLES AND THE SES EQUIPMENT.

SO WE TRY TO GET THOSE IN THOSE ORDERS IN EARLY.

THE GMP NUMBER TWO WILL BE BEFORE YOU IN SEPTEMBER.

THIS PROJECT WILL INCLUDE THE 18 PICKLEBALL COURTS AS WE HAVE HERE ON THE DESCRIPTION AT TUMBLEWEED PARK.

AND THE, UH, ADDITIONAL THREE COURTS AT THE TENNIS CENTER ALONG WITH UPGRADED LED LIGHTING.

SO IT'LL BE A GREAT PROJECT FOR ANYTHING WITH A PADDLE OR A RACKET.

AS FAR AS, UH, OUR ENGAGEMENT WITH THE PUBLIC, AS WITH ALL OF OUR PARKS PROJECTS, WE'VE DONE AN EXTENSIVE AMOUNT OF OUTREACH.

IN AUGUST 15TH, 2023, WE HELD A PUBLIC MEETING.

IT WAS BEFORE THE PARKS AND REC BOARD IN OCTOBER OF 23.

AND HERE WE ARE READY TO MAKE THINGS HAPPEN.

UH, WITH THIS APPROVAL AND ULTIMATELY THE GMP APPROVAL IN SEPTEMBER, WE WILL EXPECT TO HAVE CONSTRUCTION TO BEGIN IN OCTOBER AND THEN BE READY FOR FALL OF 25.

AND WITH THAT, I'LL DO MY BEST TO RESPOND TO ANY SPECIFIC QUESTIONS.

COUNCILMAN ORLANDO? NO, MAYOR, THE ONLY QUESTION I HAD WAS, UH, THE TIME FRAMING AND YOU ALREADY, UH, ANNOUNCED, UH, DID A GOOD JOB ON THAT.

APPRECIATE IT.

YEAH, LET'S GET THOSE BUILT.

THAT'S PROBABLY THE NUMBER ONE QUESTION WE GET OUT THERE, , THAT THEY DO.

IN WAS BY ALSO BY COUNCIL MEMBER ORLANDO, ITEM NUMBER EIGHT, LOOKING AT THE VACANT PROPERTY AND LAND ACQUISITION.

ALL RIGHT.

ANY ADDITIONAL QUESTIONS FOR JOHN SEPTON ON THIS PARTICULAR ITEM? LET'S BALL SEE YOU.

AMEN.

THANK YOU, SIR.

NEXT ITEM CALLED

[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, 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. Council Focus Area(s):]

AND MICAH, MIRANDA AND COUNCIL MEMBER, YOU HAD A QUESTION? YEAH, I GOT A QUESTION.

GREAT.

UH, YEAH, MIKE, I, WE, WE'VE HAD DISCUSSED THIS SEVERAL TIMES, BUT I GUESS THE, ONE OF THE ACTION ITEMS WAS HERE, OR ONE OF THE RESULTS OF THIS IS TO GO OUT AND LOOK A SURVEY.

WHEN ARE THE TIMELINES, HAVE WE ABLE TO BUTTON THOSE, TIGHTEN THOSE DOWN A LITTLE BIT MORE? I KNOW LAST TIME WE TALKED ABOUT THIS, THEY WERE A LITTLE BIT MORE FLUID.

HAVE WE ABLE TO, WE ABLE TO GET A CHANCE TO GET THE TIMELINES SET THROUGH THE MAYOR, UH, COUNCIL MEMBER ORLANDO? YEAH.

SO RIGHT NOW WE'RE, WE'RE COMPLETING OUR NEGOTIATION WITH THE DISPOSITION OF THE PROPERTY.

ONE OF THE ITEMS THAT IS, UH, UH, CHALLENGING.

WE HAVEN'T COME UP WITH A CLOSE DATE ON ESCROW.

SO OUR TENTATIVE TIMEFRAME RIGHT NOW IS TO GET THE RFP ON THE STREETS IN EARLY SEPTEMBER.

OKAY, GREAT.

SO WE'LL BE THAT'S A LOT.

THAT'S A LOT.

EARLIER WE TALKED ABOUT IT.

THAT'S GOOD.

SO SEPTEMBER, ROUGHLY 60, 90 DAYS, UH, HAVING THE RFP ON THE STREETS.

NO, I MEAN, GETTING THE RESPONSE BACK.

APPROXIMATELY 60 TO 90 DAYS.

AND THEN MAYBE BY THE END OF THIS YEAR, EARLY NEXT YEAR, JANUARY, HAVE SOME THOUGHTS HOW WE WANNA MOVE FORWARD ON THAT.

ON THAT A, AFTER WE HAVE THE RFP ON THE STREET, RIGHT.

USUALLY WE, UH, LEAVE THOSE OPEN FOR 30 TO 45 DAYS SO THE PUBLIC CAN SEE WHAT'S GOING ON.

WE CAN INTERACT WITH THE DEVELOPMENT COMMUNITY, BRING THEM IN, ANSWER ANY QUESTIONS ON THE PROPOSAL, AND THEN WE WILL CONVENE A TEAM TO, UH, PROVIDE A RECOMMENDATION, MAYOR COUNCIL TO ULTIMATELY LEAVE SITE ON.

EXCELLENT.

WELL, HOPEFULLY WE GET SOME, UH, DIFFERENT IDEAS.

I KNOW COUNCIL MEMBER STEWART WAS, UH, GETTING SOME GOOD IDEAS ABOUT BROADENING THIS.

ADDITIONAL QUESTIONS ON RELATED TO ITEM NUMBER? ANY YOU'RE NOT, YOU'RE NOT OFF THE MIC YET, SIR.

OFF THE MIC.

MIKE, ARE WE STILL WITHIN THE, UH, FRAME TODD, OF LOOKING AT DIFFERENT, UH, PROJECT RATHER THAN, 'CAUSE I KNOW WE TALKED ABOUT, I WAS IN, WE ALSO TALK ABOUT COMMERCIALS AND THINGS.

SO WE, LOOKING AT ALL THOSE DIFFERENT GAMUT THROUGH THE MAYOR COUNCILOR ELLIS.

PUT A RFP ON THE STREET THAT WAS INCLUSIVE OF MULTIPLE DIFFERENT DEVELOPMENT SCENARIOS.

THE, THE DIRECTION STAFF RECEIVED WAS TO

[00:20:01]

AND THAT'S THE DIRECTION STAFF WILL CONTINUE TO TAKE.

[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. Council Focus Area(s):]

ITEM CALLED IN WAS ITEM NUMBER 14 BY COUNCIL MEMBER STEWART AND COUNCIL MEMBER ORLANDO ASKING FOR A BRIEFING ON THE, UH, SETTLEMENTS AND PURSUIT OF CLAIMS IN THE MULTI-DISTRICT LITIGATION MATTER RELATED TO PAS.

I'M GONNA HAVE TO CO AND ONE OF THE ASSISTANT CITY ATTORNEYS WHO'S BEEN SPEARHEADING THIS FOR THE LAW DEPARTMENT TO ADDRESS THIS MATTER.

THANK MAYOR COUNCIL MEMBERS.

UM, AND I HAVE JOHN BEHIND ME TO ANSWER ANY, UH, TECHNICAL QUESTIONS.

CAN, CAN YOU GIVE US JUST A LITTLE RUNDOWN OF WHAT THE CLASS ACTION SUIT IS? I KNOW THAT'S NOT WHAT IT'S CALLED, WHY WE'RE INVOLVED IN IT.

AND THEN JOHN, I JUST WANT TO GET SOME BACKGROUND ON YOU ON WHAT THAT MEANS FOR OUR WATER.

LIKE WHERE OUR WATER LEVELS AND THEN WHAT IS THE IMPACT, UH, AND WHAT CAN WE GO GET LATER IN ORDER TO MAYBE BUY THE FILTERS OR EXPAND THE WATER TREATMENT PLANT IF THIS EVER BECOMES A PROBLEM FOR US, AND HOW THESE TWO THINGS SORT OF CONNECT.

'CAUSE I THINK WE HAVE TWO THINGS THAT ARE IMPORTANT.

I, SUPER IMPORTANT.

THAT'S OUR WATER AND PUBLIC SAFETY.

THOSE ARE THE CORE THINGS WE NEED TO DO.

SO, UM, THIS IS IMPORTANT TO ME.

AND THAT'S SOMETHING THAT, UM, WE HAVE IN OUR CURRENT CAPITAL PROGRAM AND IT'S, UH, FOR CONSTRUCTION IN THE, IN THE YEARS TO COME.

SURE.

SO THROUGH THE MAYOR, UH, COUNCIL MEMBER STEWART, THE, UM, THE LAWSUIT AND THIS WHAT'S CALLED THE MULTI-DISTRICT LITIGATION, IT STARTED OUT THERE WERE THOUSANDS OF LAWSUITS AGAINST MANUFACTURERS OF THE FOREVER CHEMICALS CALLED PFAS.

AND WHAT THE FEDERAL COURT DID IS CONSOLIDATED ALL THOSE AND CALLS, IT'S CALLED A MULTI-DISTRICT LITIGATION.

AND IT'S BEING OVERSEEN BY A JUDGE IN SOUTH FEDERAL JUDGE IN SOUTH CAROLINA.

HUNDREDS OF THOSE LAWSUITS INVOLVED PUBLIC WATER SYSTEMS AND THEN IT WAS GOING TO GO TO TRIAL AND A COUPLE OF THE BIG DEFENDANTS PROPOSED SETTLEMENTS.

WE HAD TWO OPTIONS.

EITHER WE WERE TO, WE HAD TO STAY IN THE CASE OR WE HAD TO REQUEST TO BE TAKEN TO BE EXCLUDED FROM THE CASE.

STAYING IN THE CASE WAS IN THE BEST INTEREST OF THE CITY.

UM, IT WOULD BE COSTLY TO PURSUE SEPARATE LITIGATION FOR ONE AND TWO, BY PARTICIPATING IN SETTLEMENTS WITH THESE, UH, DEFENDANTS, THEY HAVE MORE OF A GUARANTEE OF A RECOVERY FOR FUTURE MONITORING AND REMEDIATION VERSUS YOU, YOU NEVER KNOW IF ANY OF THESE COMPANIES WILL GO BANKRUPT GIVEN ALL THE LAWSUITS THEY'RE FACING.

UM, OKAY, GO AHEAD JOHN.

JOHN, CAN CAN YOU ANSWER WHAT THIS MEANS FOR OUR WATER AND, AND WHERE WE'RE AT TODAY, AND THEN WHERE WE MAY END UP BEING, UH, THROUGH THE MAYOR, COUNCIL MEMBER STEWART? UM, THIS EPA HAS BEEN, UH, WORKING ON PFAS, UH, RULINGS, UH, FOR QUITE A WHILE NOW.

UH, AND AS PART OF THEIR UNREGULATED CONTAMINANT MONITORING RULE NUMBER FIVE, IT'S A BIG PHRASE THEY USE, UM, THEY HAVE ASKED ALL, UH, WATER UTILITIES THAT HAVE, UH, MORE THAN 3000 CONNECTIONS TO DO, UH, MONITORING AND TESTING ON ALL OF OUR WATER SUPPLIES.

AND CHANDLER HAS COMPLETED THAT.

AND WE ARE COMPLIANT, UH, WITH ALL ESTABLISHED MAXIMUM CONTAMINANT RULES, UH, THAT THEY INTEND TO PROMULGATE.

UH, THEY'RE GOING DOWN TO A LEVEL OF ABOUT FOUR PART PER TRILLION.

SO TO GIVE YOU AN IDEA OF WHAT FOUR PART PER TRILLION IS, IT'S EQUIVALENT TO ONE SECOND IN 32,000 YEARS.

SO IF YOU CAN IMAGINE THAT THAT LEVEL OF, UH, UH, THAT THAT, UH, LEVEL OF CONTAMINATION, ONE SECOND AND 32,000 YEARS, IT'S QUITE SMALL AND IT'S ACTUALLY, UM, BECOMING MORE AND MORE DIFFICULT AS THEY GO LOWER WITH THOSE CONTAMINANT, UM, UH, LEVELS TO EVEN TEST AT THAT LEVEL.

SO IT'S, UH, IT'S, THEY'RE GETTING QUITE LOW.

UM, BUT WE HAVE COMPLETED OUR TESTING AND OUR SYSTEM IS COMPLIANT.

AND, AND SO WE, WE HAVE NO, NO ISSUES TODAY.

UH, AND CHANDLER WILL CONTINUE TO MONITOR AND, AND DO THE TESTING ACCORDING TO THE RULES.

AND, AND SO IN, IN THAT SENSE, OUR WATER SYSTEM IS, IS IN GOOD SHAPE NOW.

UH, WE ARE, AS PART OF PLANNING FOR A FUTURE, UH, UH, FUTURE WORK AT OUR WATER TREATMENT PLANT, WE ARE LOOKING AT, UH, FACILITIES THAT WILL NOT ONLY HELP US WITH THE TTHM TRIHALOMETHANE ISSUES THAT WE HAVE, UM, BUT AT THE SAME TIME, WE'LL ALSO, IF WE EVER DO GET CONTAMINATION PFAS CONTAMINATION IN OUR WATER COMING TO US THROUGH THE CANAL, UH, IT WILL ALSO BE ABLE TO HELP US WITH THAT.

SO IT'LL BE KIND OF A, A A, A DOUBLE, UH, A DOUBLE TREATMENT.

SO WE'RE LOOKING AT THAT NOW.

UH,

[00:25:01]

SO IF THIS IS SETTLED AND WE GET REVENUE FROM THIS, THAT WILL HELP OFFSET SOME OF THE COST OF THAT.

IS THAT THE IDEA THAT THAT'S THESE ARE, THAT IS CORRECT.

I ALWAYS LIKE IT WHEN YOU TALK ABOUT WATER, I FEEL LIKE I'M AT CHURCH.

IT'S LIKE IT'S, I FEEL CALMER.

I FEEL BETTER, BUT THANKS JOHN.

GOOD.

I'M GLAD YOU DO .

ALRIGHT.

GOT SOME ORLANDO.

UM, THE ATTORNEY, UM, I HEAR JOHN ALL THE TIME WITH WATER, SO I DON'T GET A CHANCE TO TALK TO YOU THAT, UM, SO HOW FAR AWAY FROM THIS SETTLEMENT ARE, WE'RE STILL, ARE WE STILL IN THE ROWING STAGE HERE, OR STORMING STAGE OR WHAT? UM, THE MAYOR, COUNCIL MEMBER ORLANDO, UH, THERE ARE, UH, TWO DEFENDANTS THAT HAVE SETTLED THAT HAVE BEEN APPROVED BY THE COURT.

AND THAT IS 3M AND DUPONT OR DUPONT COMPANIES, DUPONT'S AFFILIATED COMPANIES.

THERE ARE TWO OTHER DEFENDANTS.

AND, AND I'LL SAY THAT THERE ARE AT LEAST TWO DOZEN DEFENDANTS AND THERE MAY BE MORE TO COME.

SO THERE ARE TWO OTHER DEFENDANTS, UH, TYCO AND BASS CORPORATION.

THEY HAVE PRELIMINARILY SETTLED AND THOSE SETTLEMENTS ARE PENDING COURT APPROVAL.

THERE'S AN OBJECTION PERIOD AND SUCH.

SO TIMING WISE THOUGH, EACH SETTLEMENT IS DIFFERENT.

I'LL GIVE YOU AN EXAMPLE.

3M THAT SETTLED FOR 10.5 BILLION TO 12.5 BILLION.

THE SETTLEMENT TERMS THERE ARE THAT IT'LL BE PAID OUT OVER 10 YEARS VERSUS THE OTHER DEFENDANTS NOT AS MUCH AS THREE.

UM, UM, THEY WILL BE LUMP SUMS AND, AND SO THEY'LL, THEY'LL BE PAID OUT A LOT SOONER THAN THAT.

AMONG GLAD WE'RE, UH, OBVIOUSLY BEING A PART OF THIS, BUT I THINK ALL 50 STATES ARE PRETTY MUCH PART OF THIS OR WHAT.

THAT, THAT'S, THAT'S CORRECT.

OUR ATTORNEY GENERAL OF THE STATE OF ARIZONA DID FILE IN THIS, RIGHT, IN THIS LITIGATION.

SO THE CHANCES OF ACTUALLY GETTING ANY SUBSTANTIAL DOLLARS AT THIS THING IS, WHEN I SAY SUBSTANTIAL, JOHN JOHN'S TALKING MILLIONS AND WE'RE PROBABLY TALKING A HUNDRED THOUSAND HERE COMPARISON, HUH.

AT THIS POINT THERE, THE FORMULA IS, IS DEPENDS OF COURSE ON ALL THOSE WHO PARTICIPATE, THERE WERE A LOT OF, UM, CITIES AND TOWNS THAT OPTED OUT.

OH, WOW.

UM, YES.

SO THEY'RE, IT JUST REALLY DEPENDS ON, UM, HOW MANY PARTICIPATE OKAY.

ON WHAT THEIR DETECTION LEVELS ARE, THINGS LIKE THAT.

THERE'S A LOT OF FACTORS AND THE, AND FORMULAS ARE BASED ON, UH, THE FLOW RATES OF THOSE PUBLIC WATER SYSTEMS. AND SO IT'S, IT'S TOO SOON TO SAY.

AND JUST ONE QUICK QUESTION.

I'M ASSUMING CITIES LIKE TUCSON OR I, I'VE HEARD THEY'VE HAD A HIGH PAS BECAUSE OF THE, THE MILITARY INSTALLATION.

I KNOW THERE'S A BUNCH OF THOSE THROUGHOUT THE UNITED STATES, MILITARY OR OLD INDUSTRIAL ORGANIZATIONS.

DO THEY HAVE ANY LEVERAGES GETTING FIRST OR MOST, OR IS THIS GONNA BE THE, IN YOUR MIND, AT LEAST THE FIRST TWO ONES ARE DIVIDED OVER A POPULATION OR SOME OTHER FORMULA? UM, MAYOR, COUNCIL MEMBER ORLANDO, THERE ARE, UM, THERE ARE FORMULAS IN THOSE, THOSE WHO HAVE LIKE, KIND OF FIRST STIB ARE BASED ON A LITTLE BIT OF TIMING.

MM-HMM.

, UM, THE CITY OF CHANDLER WAS ABLE TO GET INTO THE PHASE ONE WITH 3M, WHICH IS THE KIND OF THE FIRST.

SO WE'RE, WE'RE PART OF THAT WITH THOSE WHO ARE IN THE BEGINNING.

SO MORE QUESTIONS COMING.

DON'T DISAPPEAR.

SO ARE THERE MULTIPLE GROUPS ALSO REPRESENTING THIS? WHEN I WAS AT, UH, US CONFERENCE OF MAYORS, I KNOW I, I WAS APPROACHED BY A GROUP, PERHAPS COUNCIL MEMBERS HAVE OTHERS.

HOW, HOW DOES THIS WORK WHEN SUCH A BROAD SCHEME AND IS IT, IS THERE, ARE THERE A LOT OF, UH, OR IS THERE AN KIND OF AN ASSIGNMENT BY GEOGRAPHY OR IS THERE JUST A BUNCH OF GROUPS VYING TO GET TO REPRESENT CITIES? HOW DOES THIS WORK? MAYOR? THERE ARE A LOT OF, UM, LAW FIRMS VYING FOR, FOR CITIES AND TOWNS TO REPRESENT THEM.

UM, WE HAVE A LEAD, LEAD COUNSEL ARE PART OF, THERE'S FIVE ACTUALLY LEAD FIRMS IN THE LITIGATION.

AND OUR COUNSEL IS ONE OF THEM.

AND THEN OUR LOCAL COUNSEL THAT IS JOJO TAN, WHO ALSO, UH, REPRESENTED INTEREST ON THE OPIOID SETTLEMENT LITIGATION.

KELLY CAN SPEAK TO THAT, BUT THERE ARE, THERE ARE DEFINITELY OTHER, THERE ARE LOTS OF FIRMS INVOLVED IN THIS LITIGATION, BUT WE HAVE ONE OF THE LEADING FIRMS. OKAY.

WELCOME.

AND JOHN, I HAVE ONE QUESTION FOR YOU.

SO UNTIL THIS WAS EPA LISTED THIS AT, AT, YOU SAID LIKE FOUR PARTS PER TRILLION.

IT WASN'T THAT LONG AGO WHERE IT WAS PARTS PER BILLION.

WHAT DID IT USED TO BE BEFORE THIS CURRENT CRACKDOWN MAYOR? I, I BELIEVE THAT NUMBER WAS IN THE 50 PART PER BILLION, BUT I'M NOT SURE.

WAS, BUT WE CAN, WE CAN CHECK ON THAT FOR YOU.

I, I'M NOT SURE WHAT THE, THE FORMER, UH, MCL

[00:30:01]

SO QUITE A BIT HIGHER, I MEAN BY WHAT, A THOUSAND OR FIVE? IT WAS SUBSTANTIALLY HIGHER.

I I DON'T KNOW THE NUMBER, BUT I CAN CERTAINLY GET BACK WITH YOU ON THAT.

COUNCIL, ANY ADDITIONAL QUESTIONS FOR EITHER JOHN OR TODD? GO AHEAD.

UH, COUNCIL MEMBER ELLIS.

THANK YOU MAYOR JOHN.

UH, KNOWING THE FACT THAT, UH, WE CAN DO A LOT MORE WITH PARTNERSHIP, HAVE WE LOOKED INTO PARTNERING WITH SRP OR ANY OTHER GROUP THAT WE HAVE DONE WORK WITH IN THE WATER INDUSTRY PRIOR TO THIS? THROUGH THE MAYOR, UH, COUNCIL MEMBER ELLIS? UM, WE'RE ALWAYS LOOKING FOR PARTNERSHIPS, AS YOU KNOW.

AND, UH, WE'RE VERY SUCCESSFUL WITH MANY OF THOSE THAT WE'VE DONE IN THIS PARTICULAR SITUATION.

THE SOURCES OF THIS CONTAMINANT, PFAS, UH, IT CAN COME FROM MANY PLACES.

UH, SO FOR INSTANCE, IT COULD BE IN THE SURFACE WATER THAT COMES TO US FROM, UH, THE MOUNTAINS THAT, UH, IS CONTAMINATED IN SOME FASHION WHERE, UH, DURING THE RUNOFF IT MIGHT RUN ACROSS LAND THAT HAS THIS CONTAMINATION ON IT, AND THEN IT BECOMES AND GETS INTO THE SURFACE WATER.

UH, IT ALSO CAN BE, UH, IN THE GROUNDWATER.

SO, UH, FOR INSTANCE, I THINK, UH, TUCSON WAS MENTIONED, TUCSON HAS SOME ISSUES, UH, NEARBY THE AIR FORCE BASES WHERE THE, UH, FIREFIGHTING FOAM HAD BEEN USED FOR MANY, MANY YEARS THAT CONTAINED, UH, THIS MATERIAL.

AND SO ANYTHING DOWN GRADIENT OR, YOU KNOW, IN THE FLOW PATH, UNDERGROUND FLOW PATH OF THAT WATER, UH, THEIR WELLS MAY BE CONTAMINATED.

UM, WE AGAIN, UH, CHANDLER'S FORTUNATE, UM, OTHER CITIES NOT SO FORTUNATE, BUT CHANDLER'S FORTUNATE IN THAT OUR WELLS, UH, ARE ARE FINE AND THEY'RE, THEY'RE NOT IN, UH, AREAS OF CONCERN.

SO IN CHANDLER, WE HAVE REALLY TWO AREAS THAT CONCERNED US.

ONE WOULD'VE BEEN THE AIRPORT WHERE, UH, THOSE TYPES OF FIREFIGHTING FOAMS COULD HAVE BEEN USED IN, IN THE PAST.

AND THE OTHER MAY HAVE BEEN, UH, AT OUR, UH, UH, FIRE TRAINING CENTER.

UM, AND WE DON'T HAVE ANY WELLS, UH, IN CLOSE PROXIMITY TO EITHER OF THOSE SITES.

SO WE HAVEN'T SEEN ANYTHING.

AND, UH, I KNOW OUR FIRE DEPARTMENT WHEN THIS FIRST CAME OUT AND THE PFAS WAS RECOGNIZED AS, AS A CONCERN, UM, THAT FOAM WAS, WAS NO LONGER USED.

SO AS, AS QUICKLY AS POSSIBLE, UH, WHEN WE DISCOVERED THAT THIS WAS A CONCERN, UH, I THINK THE FIRE DEPARTMENT SWITCHED OUT FROM THAT PHONE.

SO IT'S, IT'S BEEN BEEN SOME TIME REALLY WANNA THANK YOU FOR BEING THE VISIONARY AND SEEING THE FACT THAT OUR WELLS NEED MAINTENANCE AND PUTTING A LOT BEHIND THAT.

I KNOW WHEN I SPOKE WITH UH, SRP, THEY ENJOYED LOOKING AT OUR WELLS 'CAUSE THEY SAID WE HAVE ONE OF THE BEST OF THEM HERE IN ARIZONA.

SO THANK YOU FOR ALL THE WORK YOU'VE DONE IN THAT AREA.

LITTLE, LITTLE MORE CHURCH.

SO JUST TO, JUST TO BE , JUST TO BE, UH, CLEAR, THE NUMBER IS FOUR PARTS PER TRILLION.

IS THE NEW EPA STANDARD? THAT IS CORRECT.

IF YOU WERE TO PUT A DART, WE'RE, WE'RE TO, WE FALL WELL, WE HAVE MANY SOURCES IN OUR SYSTEM.

WE HAVE ABOUT 32 WELLS AND TWO SURFACE WATER PLANTS.

WHAT COMES OUT OF THE TAP? UH, WE, IT'S ALL BLENDED.

THE, THE, THE ISSUE WITH OUR, WELL OR OUR DISTRIBUTION SYSTEM IS AT ANY GIVEN POINT IN TOWN, IF A WELL IS OPERATING, YOU MIGHT BE GETTING WATER FROM THAT WELL VERSUS ANOTHER WELL VERSUS A SURFACE WATER PLANT.

SO IT'S DIFFICULT TO SAY, UH, BUT WE ARE, I THINK, UM, NICELY UNDER THE FOUR.

OH, WE'RE UNDER, UH, OH YEAH, ABSOLUTELY.

WE'VE BEEN ABIDING BY THE RULES.

WE'RE, WE'RE, WE'RE UNDER AND WE'RE NICELY UNDER THE FOUR.

I DON'T KNOW THOSE, I DON'T KNOW WHETHER WE'RE AT, UH, SO WE'VE HAD DECADES OF GOOD WATER DRINKING IN TOWN AND IT LOOKS LIKE WE'RE HEADING IN THE RIGHT DIRECTION FOR A WHILE.

UH, THE EPA, UH, THROUGH THIS UNCONTAMINATED OR UNREGULATED CONTAMINANT RULE PRO, UH, PROCESS THAT THEY GO THROUGH, UH, THEY CHOOSE CERTAIN CONTAMINANTS AND THEY GROUP THEM.

AND, UH, THEY GIVE MANY, MANY YEARS TO STUDY THOSE RULES OR STUDY THOSE CONTAMINANTS.

AND THEN THEY SEND OUT, UM, UH, PROCESSES AND PROCEDURES FOR, UH, WATER UTILITIES TO DO TESTING SO THAT THEY CAN, ONE, PROVE THE RELATIVE RISK, UH, OF, OF A CONTAMINANT AND THEN DETERMINE THE COST OF REMOVAL AND, AND ALL THAT.

SO THIS PFAS WAS, UH, CONSIDERED UNDER THIS, UH, NUMBER RULE NUMBER FIVE, WHICH IS THE FIFTH, THE FIFTH, UH, VERSION OF THIS, UH, UNREGULATED CONTAMINANT RULE MAKING PROCESS.

AND SO THIS PFAS IS REALLY, THIS IS THE FIRST TIME IT'S BEEN LOOKED AT IN, UH, I'LL SAY PROBABLY THE LAST FIVE, SIX YEARS, WHERE IT'S BEEN LOOKED AT STRONGLY AND JUST NOW IS WHEN THEY'VE COME UP WITH THESE RULES.

[00:35:01]

THEY'VE TOLD US WHAT TO DO, WE'VE DONE OUR TESTING AND, AND IN CHANDLER, AND WE'RE UNDER AND WE'RE SAFE.

THINGS ARE GOOD.