02 March 2020 Mesa City Council Meetings (2)

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CITIZEN PARTICIPATION
All citizens are permitted and encouraged to speak on agenda items including and preceding “Items from citizens present.”
If you are interested in speaking on such 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.
BLOGGER NOTE: Items from Citizens Present is next-to-last



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Here are some selected highlights

> HIGHLIGHT 1: THE HIGH COSTS OF RE-CYCLING
  GO LOOK AT Item *6-c
The contract value increase is $9,010,000 to $9,105,000 annually, based on estimated usage.



> HIGHLIGHT 2: SWEARING-IN OF THE MESA POLICE CHIEF

> HIGHLIGHT 3: PUBLIC HEARING
APPOINTMENT OF AN INTERIM CITY AUDITOR, JOSEPH LISITANO III

File #:

20-0296

Type:

Public Hearing

Status:

Agenda Ready

In control:

City Council

On agenda:

3/2/2020

Title:

Appointment of the Interim City Auditor, Joseph Lisitano.

Attachments:

1. Resume

_________________________________________________________________________

> HIGHLIGHT 4:
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
(6 all at once in a big dump)
AS WRITTEN

File #:

20-0271

Type:

Minutes

Status:

Agenda Ready

In control:

City Council

On agenda:

3/2/2020

Title:

Approval of minutes of previous meetings as written.

Attachments:

1. January 23, 2020 Study, 2. January 27, 2020 Study, 3. February 6, 2020 Study, 4. February 10, 2020 Study, 5. February 20, 2020 Study, 6. February 24, 2020 Regular

_________________________________________________________________________

STUDY SESSION @ 5:15 PM FINAL MEETING AGENDA 88.2KB
Roll Call (City Council members participate in person or by telephone conference call.

1 Review and discuss items on the agenda for the March 2, 2020 regular Council meeting.

2 Acknowledge receipt of minutes of various boards and committees.

Item 2-a 20-0286
Housing and Community Development Advisory Board meeting held on January 9, 2020. 2-a

File #:

20-0286

Type:

Minutes

Status:

Agenda Ready

In control:

City Council Study Session

On agenda:

3/2/2020

Title:

Housing and Community Development Advisory Board meeting held on January 9, 2020.

Attachments:

1. Housing and Community Development Advisory Board Jan 9, 2020

3 Current events summary including meetings and conferences attended.

4 Scheduling of meetings.

 _________________________________________________________________________

REGULAR MEETING @ 5:45 PM FINAL MEETING AGENDA 146KB
CITIZEN PARTICIPATION
All citizens are permitted and encouraged to speak on agenda items including and preceding “Items from citizens present.” If you are interested in speaking on such 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.

• Mayor's Welcome
• Roll Call (City Council members participate in person or by telephone conference call.)
• Invocation by Pastor Dave Swope with Calvary Baptist Church.
• Pledge of Allegiance
• Awards, Recognitions and Announcements

1 Swearing-in of the Mesa Police Chief.

2 Appointment of the Interim City Auditor, Joseph Lisitano III

3 Take action on all consent agenda items.
Items on the Consent Agenda
20-0271 Approval of minutes of previous meetings as written.*4
 
6 Take action on the following contracts:
20-0261 Six-Month Term Contract with Three Years of Renewal Options for Guardrail Repair and Maintenance Services for the Transportation Department (Citywide)
This contract will provide emergency guardrail repair and maintenance services.  The contractor will repair guardrails damaged from accidents in public roadways and address ADOT bridge deck inspection findings concerning guardrail repairs.
The Transportation Department and Purchasing recommend authorizing the purchase using the Maricopa County cooperative contract with Five G. Inc., at $75,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.  This purchase is funded by the Local Streets Fund.
*6-a

20-0269 Three-Year Lease for the City’s Data Center Space for the Information Technology Department (Sole Source) (Citywide)
The Evoque Data Center, located in Mesa, is the City’s primary data center and houses the City’s IT infrastructure for all on-premise business applications and databases.  This data center features enterprise-grade cooling, power management, and connectivity to support the provision of City IT services.
The Information Technology Department and Purchasing recommend awarding the contract to the sole source vendor, Evoque Data Center Solutions, at $262,000 annually, based on estimated usage, with an annual increase allowance of up to 5%, based on the agreement.
*6-b

Page 3 City of Mesa Printed on 2/27/2020
March 2, 2020City Council Meeting Agenda - Final

20-0250 Amendment and Contract Value Increase to the Term Contracts for Solid Waste Disposal, Recyclable Material Processing, and Vegetative Waste Processing Services as requested by the Environmental Management and Sustainability Department (Citywide)
The contract value increase is necessary due to the new terms required by United Fibers, LLC under the contract. 
The price increase under the contract was based on the increase in processing fees, decrease in allowable contamination and decrease in acceptable materials.
The Environmental Management and Sustainability Department and Purchasing recommend authorizing a contract amendment with United Fibers, LLC; and a contract dollar limit increase of $95,000 for the agreement (includes all vendors and covers all Solid Waste Disposal, Recyclable Material Processing, and Vegetative Waste Processing Services); from $9,010,000 to $9,105,000 annually, based on estimated usage.
*6-c

20-0267 Three-Year Term Contract with Two Years of Renewal Options for Precast Electric Vault Tops and Associated Services for the Energy Resources Department (Citywide)
The Electric utility is continuing with their vault repair/replacement program and the project is expected to require replacement of the top precast concrete section for several styles of vaults. This contract will provide for an initial purchase of eight to twelve concrete electrical vault tops, plus future purchases, as needed for the program. 
The Energy Resources Department and Purchasing recommend awarding the contract to the lowest, responsive, and responsible bidders: 

• Oldcastle Infrastructure, Inc.; and
• Jensen Enterprises, Inc. dba, Jensen Precast;

at $1,019,800 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. 
This purchase is funded by 2014 Electric Bonds.
*6-d

Page 4 City of Mesa Printed on 2/27/2020
March 2, 2020City Council Meeting Agenda - Final

20-0247 Cooper Road Gas Main Replacement, Arizona Farms Road to Magma Road (Town of Florence)
This project will replace the aging 1-1/2” and 2” gas main with a larger 4” gas main.  The larger gas main will increase both capacity and maximum allowable operating pressure in areas where there has been customer growth and additional demand.
Staff recommends awarding this contract to the lowest, responsible bidder, Arizona Pipeline, in the amount of $294,623, and authorizing a change order allowance in the amount of $29,462 (10%), for a total amount of $324,085.

This project is funded by 2014 authorized Gas Bonds.
*6-e

20-0207 McDowell Road Underpass Repair Project (District 5)
The McDowell Road underpass and bridge were built in 1985 to connect Falcon Field on the south side of McDowell Road and The Boeing Company facility on the north. The underpass retaining walls are based on a crib wall structure. The McDowell Road crib wall has experienced soil erosion and repair is needed to prevent structural deterioration.  This project includes applying shotcrete the face of the crib wall and filling the voids left from soil erosion. A concrete channel will be added to the top of the crib wall to direct water away from the wall face.
Staff recommends awarding the contract for this project to the lowest, responsible bidder, Schulz Contracting, in the amount of $1,432,638, and authorizing a change order allowance in the amount of $143,264.00 (10%), for a total amount of $1,575,902.
This project is funded by the Local Street Sales Tax.
*6-f

7 Take action on the following resolution:
20-0233 Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for the design of enhancements associated with the State Route 24 Freeway from Ellsworth Road to Ironwood Drive for the Interim Phase II Project. 
The City’s portion of the design of the Project is $125,766. 
Funding is available from the
Transportation ITS Operations Budget,
Transportation Street Local Sales Tax and
2014 Utility Bonds.
(District 6) *7-a
 
Items not on the Consent Agenda
8 Items from citizens present. 
(Maximum of three speakers for three minutes per speaker).
Page 5 City of Mesa Printed on 2/27/2020

_________________________________________________________________________________
MEETING DETAILS WITH LINKS AND ATTACHMENTS

Meeting Name:

City Council

Agenda status:

Final

Meeting date/time:

3/2/2020 5:45 PM

Minutes status:

Draft

Meeting location:

Council Chambers - Upper Level

Published agenda:	Agenda	Published minutes:	Not available

Meeting video:

Not available

Attachments:

• Meeting Items (14)

14 records Group Clear sorting Clear grouping Group by Type Group by Result Export Export to Excel Export to PDF Export to Word Show: Legislation only Legislation only All agenda items

File # Agenda # Type Title Action Result Action Details 20-0296 2 Public Hearing Appointment of the Interim City Auditor, Joseph Lisitano.     Not available 20-0271 4 Minutes Approval of minutes of previous meetings as written.     Not available 20-0252 5-a Liquor License Application 180th Field Artillery Regiment Association This is a two-day event to be held on Friday, March 27, 2020 from 11:00 A.M. to 3:00 P.M. and Saturday, March 28, 2020 from 11:00 A.M. to 5:00 P.M. at Desert Wind Harley Davidson, 922 South Country Club Drive. (District 4)     Not available 20-0253 5-b Liquor License Application HugMesa This is a one-day event to be held on Tuesday, March 17, 2020 from 9:00 A.M. to 9:00 P.M. at Athoria Games, 6134 East Main Street. (District 2)     Not available 20-0254 5-c Liquor License Application Soldier’s Best Friend This is a one-day event to be held on Saturday, March 21, 2020 from 9:00 A.M. to 11:59 P.M. at Cider Corps, 31 South Robson. (District 4)     Not available 20-0255 5-d Liquor License Application Red Mountain Bar & Grill A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Crick Nelson Enterprises LLC, 2015 North Power Road, Suite 106 - Charles Crick, agent. The existing license, held by Crick Nelson Enterprises LLC, will revert to the State. (District 5)     Not available 20-0256 5-e Liquor License Application Someburros A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Someburros LBM LLC, 5910 East Longbow Park - Timothy Scott Vasquez, agent. There is no existing license at this location. (District 5)     Not available 20-0261 6-a Contract Six-Month Term Contract with Three Years of Renewal Options for Guardrail Repair and Maintenance Services for the Transportation Department (Citywide) This contract will provide emergency guardrail repair and maintenance services. The contractor will repair guardrails damaged from accidents in public roadways and address ADOT bridge deck inspection findings concerning guardrail repairs. The Transportation Department and Purchasing recommend authorizing the purchase using the Maricopa County cooperative contract with Five G. Inc., at $75,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. This purchase is funded by the Local Streets Fund.     Not available 20-0269 6-b Contract Three-Year Lease for the City’s Data Center Space for the Information Technology Department (Sole Source) (Citywide) The Evoque Data Center, located in Mesa, is the City’s primary data center and houses the City’s IT infrastructure for all on-premise business applications and databases. This data center features enterprise-grade cooling, power management, and connectivity to support the provision of City IT services. The Information Technology Department and Purchasing recommend awarding the contract to the sole source vendor, Evoque Data Center Solutions, at $262,000 annually, based on estimated usage, with an annual increase allowance of up to 5%, based on the agreement.     Not available 20-0250 6-c Contract Amendment and Contract Value Increase to the Term Contracts for Solid Waste Disposal, Recyclable Material Processing, and Vegetative Waste Processing Services as requested by the Environmental Management and Sustainability Department (Citywide) The contract value increase is necessary due to the new terms required by United Fibers, LLC under the contract. The price increase under the contract was based on the increase in processing fees, decrease in allowable contamination and decrease in acceptable materials. The Environmental Management and Sustainability Department and Purchasing recommend authorizing a contract amendment with United Fibers, LLC; and a contract dollar limit increase of $95,000 for the agreement (includes all vendors and covers all Solid Waste Disposal, Recyclable Material Processing, and Vegetative Waste Processing Services); from $9,010,000 to $9,105,000 annually, based on estimated usage.     Not available 20-0267 6-d Contract Three-Year Term Contract with Two Years of Renewal Options for Precast Electric Vault Tops and Associated Services for the Energy Resources Department (Citywide) The Electric utility is continuing with their vault repair/replacement program and the project is expected to require replacement of the top precast concrete section for several styles of vaults. This contract will provide for an initial purchase of eight to twelve concrete electrical vault tops, plus future purchases, as needed for the program. The Energy Resources Department and Purchasing recommend awarding the contract to the lowest, responsive, and responsible bidders: Oldcastle Infrastructure, Inc.; and Jensen Enterprises, Inc. dba, Jensen Precast; at $1,019,800 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. This purchase is funded by 2014 Electric Bonds.     Not available 20-0247 6-e Contract Cooper Road Gas Main Replacement, Arizona Farms Road to Magma Road (Town of Florence) This project will replace the aging 1-1/2” and 2” gas main with a larger 4” gas main. The larger gas main will increase both capacity and maximum allowable operating pressure in areas where there has been customer growth and additional demand. Staff recommends awarding this contract to the lowest, responsible bidder, Arizona Pipeline, in the amount of $294,623, and authorizing a change order allowance in the amount of $29,462 (10%), for a total amount of $324,085. This project is funded by 2014 authorized Gas Bonds.     Not available 20-0207 6-f Contract McDowell Road Underpass Repair Project (District 5) The McDowell Road underpass and bridge were built in 1985 to connect Falcon Field on the south side of McDowell Road and The Boeing Company facility on the north. The underpass retaining walls are based on a crib wall structure. The McDowell Road crib wall has experienced soil erosion and repair is needed to prevent structural deterioration. This project includes applying shotcrete the face of the crib wall and filling the voids left from soil erosion. A concrete channel will be added to the top of the crib wall to direct water away from the wall face. Staff recommends awarding the contract for this project to the lowest, responsible bidder, Schulz Contracting, in the amount of $1,432,638, and authorizing a change order allowance in the amount of $143,264.00 (10%), for a total amount of $1,575,902. This project is funded by the Local Street Sales Tax.     Not available 20-0233 7-a Resolution Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for the design of enhancements associated with the State Route 24 Freeway from Ellsworth Road to Ironwood Drive for the Interim Phase II Project. The City’s portion of the design of the Project is $125,766. Funding is available from the Transportation ITS Operations Budget, Transportation Street Local Sales Tax and 2014 Utility Bonds. (District 6)     Not available

_________________________________________________________________________________

Linda Greenhouse: On The "Free-Exercise of Religion" Clause

Words of Caution:
Now that the country’s justices and its religious politics are aligned, the question is how far the court will go, and with what consequences. A moment of truth is approaching
The Supreme Court Nears the Moment of Truth on Religion

The majority’s view of the Constitution’s free-exercise clause poses a threat to civil society.

New York Times 02.27.2020 

By Contributing Opinion Writer Linda Greenhouse

_________________________________________________________________

Here are some very brief extracts to get readers of this blog up on what Linda Greenhouse has written and why:

The Supreme Court has handed down a series of decisions instructing judges to accept almost any religious claim, no matter how preposterous, at face value and to put the government to an extremely tough test to justify any infringement on a “sincere” religious belief.

> In the Hobby Lobby case six years ago, the court gave dispositive legal weight to the claim by owners of two for-profit businesses that the legal requirement to include contraception coverage in their employee health plans would make them complicit in the sin of birth control.

“It is not for us to say that their religious beliefs are mistaken or insubstantial,” Justice Samuel Alito wrote for the majority.

> . . . there are plenty of cases like it, making claims that would have been dismissed out of hand not too many years ago and that now have to be taken seriously by those of us worried about the growing threat that an increasingly weaponized free-exercise clause poses to civil society, along with the statutes meant to extend its reach.

> On April 29, the last scheduled argument day of its current term, the court will hear two cases that are follow-ons to the Hobby Lobby decision. The cases challenge rules issued by the Trump administration to provide employers with not only an enhanced religious opt-out from the Affordable Care Act’s contraception requirement, but also with a generalized “moral exemption” for employers who object to covering birth control but who can’t claim a basis in religious doctrine for not following the law.

> On Monday, the justices accepted a closely watched case that has been at the top of religious conservatives’ Supreme Court wish list.

It challenges the City of Philadelphia’s termination of a contract with Catholic Social Services, one of the private agencies certified to find families to take in foster children. Objecting to same-sex marriage, the agency, which is affiliated with the Archdiocese of Philadelphia, won’t place children with same-sex married couples.

It thus refuses to abide by the city’s Fair Practices Ordinance, which bars discrimination on the basis of sexual orientation, among other characteristics.

> . . . In one major respect, the claim in this case, Fulton v. Philadelphia, resembles the claim in a case from Montana that the court heard last month.

In that case, Espinoza v. Montana Department of Revenue, parents who want to use state scholarship vouchers to send their children to religious schools are claiming a violation of their religious rights because the voucher program was terminated by the Montana Supreme Court . . .

> In two other respects, however, this new case is even more portentous — or promising, depending on one’s view — than the others.

Five years after it ruled in favor of same-sex marriage, the Supreme Court has yet to fully address the objections of those who claim religious reasons for refusing to treat same-sex couples as equals.

> (The court failed to say anything meaningful two years ago in the case of the baker who wouldn’t bake a cake to celebrate a same-sex marriage.)

> Other such cases are pending, including one from a florist who doesn’t want to arrange flowers for a same-sex wedding. . .

> Finally, the new case is especially important in offering the court a chance to do formally and in one sweep what the conservative justices have been trying to do more quietly case by case. . .

Now that the country’s justices and its religious politics are aligned, the question is how far the court will go, and with what consequences. A moment of truth is approaching. If we don’t want hate groups to have a seat in the prison chapel, the time to start drawing lines is now.

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.

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Boeing Wins $11M Judgment Against MDHI Over Apache AH-6i Rights



"Boeing has won an $11 million judgement against MD Helicopters Inc. (MDHI) over the rights to its AH-6i Light Attack Reconnaissance helicopter, with an arbitration panel ruling that the aerospace giant owns the intellectual property and right to produce the type, and that MDHI must stop interfering with Boeing’s attempts to do so."
Reference Source: https://www.verticalmag.com/news

The action was the latest in the two companies’ ongoing dispute into the legacy of a 2005 agreement, in which MDHI sold Boeing ownership of the underlying intellectual property needed to build the Mission Enhanced Little Bird (based on the MD 530F) – and the right to make and sell any aircraft derived from it.
The Mission Enhanced Little Bird (MELB), also known as the AH-6M, was created in the 1990s as a vehicle for U.S. Army Special Forces.
It enhanced the mission performance of the AH-6 Little Bird by adding components from the more powerful 600N to the MD 500 series airframe.

The panel was asked to resolve two primary issues:
1.  if Boeing has the right to make and sell the AH-6i Little Bird, and
2. whether Boeing must disclose all improvements it has made to the Mission Enhanced Little Bird (MELB) to MDHI.
> Finding in Boeing’s favor, the panel decided that the AH-6i was directly derived from the MELB.
> In addition to making MDHI pay Boeing’s $4.2 million arbitration costs (and its own $7.4 million costs), the arbitrators ordered the OEM to provide Boeing with all MELB tooling, one set of common tooling, and one set of tooling drawings by April 30.
> The arbitration panel also denied MDHI’s counterclaims for an order to force Boeing to share its improvements to the MELB, and for $9.36 million in damages to cover MDHI’s costs in developing substitute technology to compete in the marketplace.

The neighboring companies, who have facilities across the street from each other in Mesa, Arizona, share substantial history.
Boeing briefly owned the entity that ultimately became MDHI after merging with McDonnel Douglas in 1997, but decided to sell its commercial helicopter lines in 1999 to a Dutch holding company.

That helicopter company was then purchased by Patriarch Partners in 2005, and recapitalized as MDHI.

HISTORY: Around this time, Boeing and MDHI made the agreement that would allow Boeing to pitch the MELB for the U.S. Army’s Advanced Reconnaissance Helicopter (ARH) program, in exchange for $15 million, a $10 million loan, and the restructuring of previous debt.
However, the contract went to Bell, before the program was ultimately cancelled in 2008.
Despite the setback, Boeing worked on a new helicopter intended for sales to foreign governments – the AH-6i – and signed agreements with MDHI in 2010 and 2011 that would see the latter supply the airframes for the aircraft if Boeing secured orders.

• MDHI also continued to sell armed helicopters to military customers around the world, and unveiled the MD 540F in 2012, presenting it as a contender for the Army’s Armed Aerial Scout (AAS) competition.
• Boeing, which was submitting the AH-6i for the same competition, claimed that the MD 540F’s development violated the 2005 agreement because it was derived from the MELB.
• The issue went to arbitration, with the ruling going in MDHI’s favor – the manufacturer was entitled to make and sell the MD 540F because it wasn’t derived from the MELB.
• The ruling was a crucial win for MDHI, ensuring it could compete for future U.S. and foreign military contracts.

MDHI is to deliver next-generation weapons and mission management capabilities to its MD 530G Block II (BII) Scout Attack Helicopter. MD Helicopters Photo

However, the legacy of the 2005 agreement was soon felt again, after Boeing won a contract from the Saudi Arabian National Guard for 24 AH-6i helicopters in 2012. As part of the 2011 agreement between MDHI and Boeing, MDHI was to supply Boeing with the airframes for the aircraft, as well as other parts.

• After the last airframe was delivered in 2017, MDHI took Boeing back to court for missing payments on the airframes. Boeing filed counterclaims, and it was this that led to the recently-decided arbitration.
• In its claims, Boeing alleged that MDHI had been interfering in its ability to make and sell the AH-6i by telling the U.S. government and suppliers that it doesn’t have the right to do so. Boeing also said MDHI had failed its obligation, under the 2005 agreement, to provide written notice to its suppliers to tell them they could work with Boeing.
• Indeed, in September 2016, MDHI sued Aerometals, Inc., alleging that MDHI, not Boeing, owned the rights to the parts Aerometals was selling to Boeing.
• And in 2017, MDHI made a presentation to the U.S. Special Operations Command that included a slide that stated the 2005 agreement “did not provide Boeing the right to develop and field a new aircraft like the AH-6i” and that “MDHI will not allow Boeing unfettered access to our markets.”

In the aribitrators’ Findings of Fact, they wrote: “Boeing concluded that it needed ‘to crush’ MDHI if MDHI sought to enter its space and brainstormed possible strategies, from ‘mild’ to ‘wild,’ for doing so.”
In this latest legal battle, Boeing appears to have succeeded, winning all of its claims, while MDHI won none.
In addition to the tooling and arbitration costs, the panel ordered MDHI to comply with the 2005 agreement by sending all MELB suppliers a notice to inform them of Boeing’s rights with the type.
“While MDHI disagrees with, and is disappointed in, the decision of the arbitration panel, that decision is limited in scope,” an MDHI spokesperson said when Vertical requested comment on the case.
“MDHI continues to hold the Type Certificate and Type Design Data for its fleet, and will continue to develop, design, manufacture, market, sell and support the twin-engine MD 902 Explorer, the MD 530F Cayuse Warrior Light Scout Attack Helicopter, the new MD 530G Attack helicopter, and a single-engine commercial fleet that includes the MD 600N, MD 520N, MD 500E and MD 530F, as well as any further military and commercial aircraft variants.”

• The spokesperson added that MDHI will continue to compete with the AH-6i and the other aircraft in the military light helicopter market, particularly with the ongoing development of the MD 530G.
• As for Boeing, a company spokesperson said it “never doubted and remains confident in its right to manufacture, sell, and support the AH-6” helicopter. “We look forward to continuing to market and sell the product to customers interested in the capabilities of the AH-6,” they added.

An arbitration court has found that Boeing’s AH-6i is a direct derivative of the Mission Enhanced Little Bird. ( Boeing Photo )