City Council

City of Mesa Council Chambers 57 E. First Street City Council Meeting Agenda - Final Monday, September 23, 2013 5:45 PM CITIZEN PARTICIPATION All citizens are permitted and encouraged to speak on agenda items . If you are interested in speaking on an agenda item, please fill out a blue card in the back of the room and give it to the City Clerk. When the Council considers the item, you will be called to the podium to provide your comments. The City of Mesa is committed to making its public meetings accessible to persons with disabilities. For special accommodations , please contact the City Manager’s Office at (480) 644-3333 or (480) 644-2778 (TDD) at least 48 hours in advance of the meeting. CONSENT AGENDA All items listed with an asterisk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the Consent Agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda. Mayor Scott Smith Vice Mayor Alex Finter - District 2 Councilmember Dave Richins - District 1 Councilmember Dennis Kavanaugh - District 3 Councilmember Chris Glover - District 4 Councilmember David Luna - District 5 Councilmember Scott Somers - District 6 City Council Meeting Agenda - Final September 23, 2013 Roll Call (Members of the Mesa City Council will attend either in person or by telephone conference call) Invocation by Pastor James Adams, Cornerstone Church Pledge of Allegiance Mayor's Welcome Swearing-In of District 5 Councilmember, David Luna Awards, Recognitions and Announcements 1 Take action on all consent agenda items. Items on the Consent Agenda *2 13-2047 Approval of minutes of previous meetings as written. 3 Take action on the following liquor license applications: *3-a 13-2032 Max Mart Person-to-person transfer of a Liquor Store License for Max Mart, 735 East McKellips Road, Kundavaram Sekhar Reddy, Individual. This location has a Liquor Store License held by Max Mart LLC that will transfer to the applicant. (District 1) *3-b 13-2031 Arizona Golf Resort Person-to-person transfer of a Bar License for Arizona Golf Resort, 425 South Power Road, AGR Beverage LLC - Camila Alarcon, agent. This location has a Bar License held by AGGR Associates, LLC, that will transfer to the applicant. (District 5) *3-c 13-2050 Ultimate Imaginations, Inc. This is a one-day charitable event to be held on Friday, October 4, 2013 from 5:00 p.m. to 10:00 p.m. on Main Street from Robson to Center Street. (District 4) City of Mesa Page 2 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *3-d 13-2030 Christ the King Roman Catholic Parish This is a one-day charitable event to be held Saturday, October 19, 2013, from 4:00 p.m. to 11:00 p.m., at 1551 East Dana Avenue. (District 4) 4 Take action on the following bingo application: *4-a 13-2033 Bingo License Application - Class A Hometown Crescent Run (District 5) Angela Conner-Sandoval, manager 8500 East Southern Avenue Mesa, Arizona 85209 5 Take action on the following contracts: *5-a 13-2022 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 4) Construction rehabilitation of the single resident home located at 1222 West 6th Drive. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contract to the lowest, responsive and responsible bidder, J. Thomas Builders (a Mesa business), in the amount of $107,832. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. *5-b 13-2024 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 4) Construction rehabilitation of the single resident home located at 742 South Parsell Circle. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contract to the lowest, responsive and responsible bidder, D & K Enterprises (a Mesa business), in the amount of $98,567. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. City of Mesa Page 3 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *5-c 13-2025 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 4) Construction rehabilitation of the single resident home located at 1857 East Nielson Avenue. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contracts to the lowest, responsive and responsible bidder, D & K Enterprises (a Mesa business), in the amount of $105,189. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. *5-d 13-2026 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 4) Construction rehabilitation of the single resident home located at 712 E ast Hampton Avenue. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contract to the lowest, responsive and responsible bidder, Builders West (a Mesa business), in the amount of $96,875. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. *5-e 13-2028 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 4) Construction rehabilitation of the single resident home located at 335 East 7th Drive. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contract to the lowest, responsive and responsible bidder, Marin Development, in the amount of $111,997. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. City of Mesa Page 4 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *5-f 13-2029 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 4) Construction rehabilitation of the single resident home located at 1464 West Crescent Avenue. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contract to the lowest, responsive and responsible bidder, Marin Development, in the amount of $117,991. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. *5-g 13-2036 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 4) Construction rehabilitation of the single resident home located at 639 South Elm. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contract to the lowest, responsive and responsible bidder, J. Thomas Builders (a Mesa business), in the amount of $126,785. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. *5-h 13-2037 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 3) Construction rehabilitation of the multi-resident unit located at 3030 South Alma School Road, #12. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contract to the lowest, responsive and responsible bidder, J W Builders, in the amount of $69,993.53. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. City of Mesa Page 5 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *5-i 13-2038 Rehabilitation of Residential Property Acquired under Federal Entitlement Grants (District 3) Construction rehabilitation of the multi-resident unit located at 600 South Dobson Road, #83. The scope of work, as required by the grant, includes modifications for the entire structure to comply with current building, electrical, plumbing, mechanical and structural codes. Housing and Community Development recommends awarding the contract to the lowest, responsive and responsible bidder, August Building Company, in the amount of $62,300. This project is fully funded by the federal Neighborhood Stabilization Program grant provided by the U.S. Department of Housing and Urban Development. *5-j 13-2040 Four-Year Service Agreement for Motorola System Upgrade for the Communications Department (Sole Source) (Citywide) The Motorola System Upgrade Agreement II (SUA II) will replace the existing Motorola Upgrade Assurance Plan (UAP) that provides software, core hardware and technical support services for the TOPAZ Public Safety voice two-way radio network. The SUA II will provide software upgrades every two years. This change in system software upgrade frequency from once a year to every two years was presented to the TOPAZ Regional Wireless Cooperative (TRWC) Board of Directors, after recommendation by the TRWC Executive Committee, and was approved unanimously by the Board at their April 24, 2013 meeting. The SUA II will save the TRWC a total of $216,725 in fiscal years 13/14 and 14/15 and will also keep the TRWC in step with the Phoenix Regional Wireless Cooperative. Communications and Purchasing recommend awarding the four-year service agreement to the sole source vendor, Motorola, Inc., at $2,109,388, plus applicable taxes, based on estimated requirements. *5-k 13-2044 Three-Year Term Contract for Utility Bill Envelopes for the Materials and Supply Warehouse (for the Business Services Department) (Citywide) Materials and Supply and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Tension Corporation, at $49,000 annually, based on estimated requirements. City of Mesa Page 6 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *5-l 13-1991 Term Contract for Fire Protection Equipment Maintenance and Repair Services for Citywide Locations as requested by Facilities Maintenance (Citywide) This contract will provide a licensed contractor for installation, repair and service of fire sprinkler and fire alarm installations; as well as certified and qualified personnel to perform repairs, trouble-shoot and reprogram all fire alarm control panels currently in use within the City. The City has not had a formal contract in place and 12-month expenditures have exceeded our formal bid threshold. Staff determined it is in the City's best interest to do a Request for Proposals to help inventory the equipment/devices currently installed, service frequency of installed devices, as well as establish a routine maintenance, repair and replacement schedule. One protest based on the City’s preliminary award was received on 9/5/2013, eight days after the Intent to Award was posted on 8/28/2013. Protests such as this must be received within seven calendar days (by or on 9/4/2013) as set forth in the Request for Proposal Instructions, and City Procurement Rules. Purchasing responded to each of the protest issues, and provided clarification and insight on the RFP process and award recommendation made by Facilities Maintenance and Purchasing, despite the protest being late. An appeal has not been filed. A committee representing Facilities Maintenance and Purchasing evaluated the responses and recommends awarding the contract to the highest scored proposal from Metro Fire Equipment, Inc., at $150,000 annually, based on estimated requirements. *5-m 13-2046 Purchase of One Replacement Sewer Cleaning (Eductor) Truck for the Water Resources Department (Citywide) The vehicle being replaced has met established criteria and will be retired and sold at auction. This is an additional purchase against a contract originally awarded on June 4, 2012. The option to buy off this contract will expire October 11, 2013. The vendor provided a quote for an identical unit. Pricing has increased by 6.3%, since the original bid pricing. Fleet Services, Water Resources and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Norwood Equipment, Inc., at $416,223.97. This purchase is funded by the Utility Replacement Extension and Renewal Fund. City of Mesa Page 7 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *5-n 13-2057 Three-Year Term Contract for Replacement Handheld Computer Meter Reading Devices for the Water Resources Department (Sole Source) (Citywide). Water Resources will replace the existing 26 Itron FC200 handheld units with 26 FC300 handheld units used to obtain monthly water, gas, electric, district cooling and sewer meter readings. The FC200 units are obsolete and are no longer supported by the vendor. Itron is offering $200 trade in for each FC200 unit. Water Resources and Purchasing recommend awarding the contract to the sole source vendor, Itron, Inc, at $129,579.64 for the initial purchase, and $12,229.20 annually, thereafter, for the maintenance agreement. This purchase is funded by the Utility Replacement Extension and Renewal Fund and the ensuing maintenance agreement will be funded through Water Resources Operating and Maintenance budget. *5-o 13-2039 Three-Year Term Contract for Emergency Response, Non- Emergency Response and Household Hazardous Waste Event Support for the Development and Sustainability Department (Citywide) This contract will provide services for three scopes of work: emergency response, cleanup and disposal of unknown, hazardous and non-hazardous materials; non-emergency response, cleanup and disposal of unknown, hazardous and non-hazardous materials; and on-site technical support, containerization, transport and disposal of materials collected at Mesa Household Hazardous Waste events. An evaluation committee representing Development and Sustainability, Solid Waste Management and Purchasing evaluated responses and recommends awarding the three-year contract to the highest scored proposals from Kary Environmental Services, Inc. (a Mesa business), at $75,000; Environmental Response, Inc., at $105,000; and Clean Harbors Environmental Services, Inc., at $280,000; annually, based on estimated requirements. The combined total award is $460,000 annually. City of Mesa Page 8 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *5-p 13-2043 Ratification of Emergency Purchase of Tree Removal Services at the Dobson Ranch Golf Course for the Parks, Recreation and Commercial Facilities Department (Citywide) In late July, a microburst caused damage to 20-plus large trees at the Dobson Ranch Golf Course. A tree company was hired at the time to clean-up and remove trees damaged by the storm. Timely clean-up was critical to return to normal maintenance of the Golf Course. Additionally, broken trees on the ground needed immediate attention and removal, and numerous other trees needed to be assessed for removal or cutting of damaged sections. After City Management approval to proceed with the emergency purchase, a Purchase Order was provided to the vendor and the vendor completed the work on July 26, 2013. Parks, Recreation and Commercial Facilities and Purchasing recommend ratification of the purchase with Mejia's Tree Trimming (a Mesa business), at $25,255. *5-q 13-2041 Five-Year Term Contract for Replacement Playground Equipment Parts for the Parks, Recreation and Commercial Facilities Department (Sole Source) (Citywide) This contract will provide replacement Playworld Systems playground equipment parts and Wabash Valley equipment required to keep City playgrounds safe and playable at 51 City parks sites. Replacement equipment and parts are needed each year due to deterioration from age and/or vandalized equipment. The existing play equipment and other associated equipment manufactured by both vendors are not interchangeable, and cannot be modified without causing potential risk to citizens or patrons. Parks, Recreation and Commercial Facilities and Purchasing recommend authorizing a five-year contract to the sole source vendor, Dave Bang Associates, Inc. (a Mesa business), at $50,000 annually, based on estimated requirements. City of Mesa Page 9 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *5-r 13-2061 Emergency Award of Month-to-Month Contract for Landscape Maintenance for Parks and Retention Basins - Zone 4 for the Parks, Recreation and Commercial Facilities Department (Districts 1, 3 and 4) This purchase is for routine landscape maintenance, and furnishes all supervision, labor and equipment to provide landscape maintenance of parks and retention basins from the City's southern, western and northern boundaries to Stapley Drive; an area designated as Zone 4. On November 21, 2011, management awarded the contract to the lowest, responsive and responsible bidder, Somerset Landscape and Maintenance, Inc., for $462,418.80 annually. Somerset has failed to perform to the required terms and specifications of the contract and the City terminated the contract effective September 17, 2013. Parks, Recreation and Commerical Facilities (PRCF) solicited pricing from three of the City’s current landscaping contractors. Of the three, Artistic Landscape Management is the only vendor that agreed to perform the work at the current pricing (Somerset’s original bid pricing from September 2011) and within the required timeframe (to start September 24, 2013). PRCF and Purchasing are requesting approval of a month-to-month contract, while the City re-bids the contract. Staff anticipates the bid award date in February, 2014. This has been determined to be in the best interest of the City. Parks, Recreation and Commercial Facilities and Purchasing recommend the Emergency Award of a month-to-month contract to Artistic Land Management, Inc., at$164,000, based on estimated requirements. *5-s 13-2045 Five-Year Term Contract for Vaccines for the Fire and Medical Services Department (Citywide) This contract provides vaccines for the Fire and Medical Childhood Immunization Program for school-based immunization clinics in the Mesa Public School District and for public safety employees. Fire and Medical purchases vaccines from several different vendors on this contract . Fire and Medical and Purchasing recommend authorizing a five-year contract using the Minnesota Multistate Contracting Alliance for Pharmacy cooperative contract with multiple vendors: Sanofi Pasteur, GlaxoSmithKline, Merck Sharp and Dohme Corp., and McKesson, not to cumulatively exceed $110,000 annually. This purchase is grant funded by the Salt River Pima Maricopa Indian Community ($67,000) and by Fire and Medical Services operating budget ($43,000). City of Mesa Page 10 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *5-t 13-2023 Val Vista Transmission Main - Phase 1 (District 1) This contract is for the Guaranteed Maximum Price No. 1 for the early procurement of the pipe material and fittings for the Val Vista Transmission Main - Phase 1. This project will be completed using the Construction Manager at Risk contracting method. The City has initiated the design and construction of the Val Vista Water Transmission Main project to build a new water transmission main, parallel to the existing Val Vista Water Transmission Main that delivers water to three City-owned reservoirs located in the City Zone. The new Transmission Main will serve as a dedicated water transmission main for the City of Mesa to fulfill the requirements of an intergovernmental agreement with the City of Phoenix. Recommended total award for the GMP No. 1 is $3,315,878.41 based on the material cost of $3,157,979.44, plus an additional $157,898.97 (5% contingency allowance for change orders). This project is funded by the voter approved 2010 Water Bond Fund. 6 Take action on the following resolutions: *6-a 13-2034 Extinguishing public drainage easements at 7612 and 7625 East Leonora Street. (District 5) *6-b 13-2035 Extinguishing easements for drainage, ingress and egress, public utilities and facilities and vehicular non-access, all of which are located in Hermosa Estates II. (District 5) *6-c 13-2042 Vacating a portion of public roadway at 2634 North Mesa Drive that is no longer needed. (District 1) *6-d 13-2027 Approving and authorizing the City Manager to execute a Foreign Trade Zone Operator's Agreement for Foreign Trade Zone 221 with Nammo Tactical Ammunition Co., LLC. (District 6) This Agreement will allow Nammo Tactical Ammunition Co. to activate and operate a warehouse facility located on Phoenix-Mesa Gateway property at 6002 South Ellsworth Road, Building 1110; Foreign Trade Zone No. 221. City of Mesa Page 11 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 7 Discuss, receive public comment, and take action on the following ordinances introduced at a prior Council meeting. Any citizen who wants to provide comment should submit a blue card to the City Clerk before the item is voted on. If a citizen wants to comment on an item listed with an asterisk (*), a blue card must be given to the City Clerk before Council votes on the Consent Agenda. *7-a 13-1962 Amending various sections of the Mesa City Code regarding the following traffic modifications as recommended by the Transportation Advisory Board: Speed Limits (45 mph): 10-4-3 and Speed Limits (35 mph): 10-4-5 Increase the speed limit from 35 mph to 45 mph on Mountain Road from Mesquite Street to Ray Road. (Mountain Road south of Elliot Road) (District 6) *7-b 13-1976 A13-07 (District 6) Annexation of Maricopa County Right of Way for a portion of East Southern Avenue from approximately 300 feet east of South Cheshire west to Crismon Road. *7-c 13-1967 Z13-033HL (District 4) 59 East First Street. Located north of Main Street and west of Mesa Drive (0.77 acres). Rezone from DC-DE to DC-DE-HL with the option to opt-in to the Form Base Code with T5-MSF. This request will add a Historic Landmark Overlay for this address. Staff Recommendation: Approval with Conditions Historic Preservation Board Recommendation: Approval with Conditions (Vote 7-0) P&Z Recommendation: Approval with Conditions (Vote 5-2) *7-d 13-1968 Z13-036 (District 6) 2900 to 3000 blocks of South Sossaman Road (west side). Located south of Guadalupe Road west of Sossaman Road (46±acres). Modification of the PAD for Desert Place at Morrison Ranch Lots 87 to 133 and 234 to 278 in the RS-7-PAD-PAD zoning district. This request will allow residential lot coverage to increase from 45% to 50%. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approved with Conditions (Vote 7-0) City of Mesa Page 12 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *7-e 13-1969 Z13-037 (District 5) The 8800 block of East Upper Canyon Drive (north side). Located north of McKellips Road west of Ellsworth Road (17.58 acres). Rezone from RS-35-PAD to RS-15-PAD-PAD and Site Plan Review. This request will allow residential development on Parcel 4B at Mountain Bridge. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *7-f 13-1970 Z13-038 (District 5) The 8900 block of East Desert Foothills Drive (south side). Located south of McKellips Road west of Ellsworth Road (28.1± acres). Rezone from RS-9PAD and RS-35-PAD to RS-15-PAD-PAD and Site Plan Review. This request will allow residential development on Parcels 19 and 28 at Mountain Bridge. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *7-g 13-1971 Z13-039 (District 5) The 8700 block of East Upper Canyon Drive (south side). Located north of McKellips Road east of Hawes Road (28.3± acres). Rezone from RS-35-PAD to RS-15-PAD-PAD and Site Plan Review. This request will allow residential development on Parcel 9 at Mountain Bridge. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *7-h 13-1972 Z13-041 (District 2) 4142 East Valley Auto Drive. Located west of Greenfield Road north of Baseline Road (5.85± acres). Rezoning from LI-PAD to LI and Site Plan Review. This request will allow the development of a self-storage facility in the LI zoning district. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) City of Mesa Page 13 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 *7-i 13-1973 Z13-042 (District 6) 5200 to 5500 blocks of South Signal Butte Road (east side) and 5200 to 5500 blocks of South Mountain Road (west side). Located between Signal Butte Road and Mountain Road, just south of Ray Road (126.9± acres). Modification of the Bella Via PAD for Parcels 12 to 15 (formerly known as Mountain Horizons PAD) and rezone from RS-9-PAD and RM-2-PAD to RS-6 PAD. This request will allow residential development. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) 8 Take action on the following subdivision plats: *8-a 13-2020 "Granite Ridge" (District 5) The 9800 block of East McKellips Road (south side). Located south of McKellips Road and west of Crismon Road. 56 RS-35 PAD lots (35.93 ± acres) US Development Land, LLC, owner; Chris Moore, Sunrise Engineering, engineer. *8-b 13-2021 "Bella Villa 11A" (District 6) The 10900 block of East Ray Road (south side). Located south and east of Signal Butte and Ray Roads. 66 RS-6PAD lots (22.48 ± acres) Pulte Group, owners; Nguyen Lam, Hilgart Wilson, engineer. Items not on the Consent Agenda 9 Conduct a Public Hearing regarding the continuance of existing Development Impact Fees. 9-a 13-2017 To continue existing development impact fees. 10 Conduct a Public Hearing, and take action on, proposed rate increases as noticed at the August 19, 2013 Council meeting and the following ordinance, with accompanying resolution, that was introduced at the September 9, 2013 Council meeting relating to Multi-Unit Dwelling Wastewater Schedules: 10-a 13-2064 Conduct a public hearing. 10-b 13-1959 Take action on an ordinance modifying Multi-Unit Dwelling Wastewater schedules with increased rates, components, fees or charges. City of Mesa Page 14 Printed on 9/19/2013 City Council Meeting Agenda - Final September 23, 2013 11 Items from citizens present. (Maximum of three speakers for three minutes per speaker). 12 Adjournment. The Council may vote to hold an executive session for the purposes of obtaining legal advice from the City Attorney (A.R.S. §38-431.03A(3)) or to discuss and instruct the City Attorney regarding the City’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (A.R.S. §38-431.03A(4)) City of Mesa Page 15 Printed on 9/19/2013