Water is the most precious commodity here in the desert - it's a limited finite natural resource required for endless unsustainable Suburban Sprawl and rampant real estate speculation gone crazy here in the Southwest. It is The Giver of Life and closely held to benefit everyone in the centuries-old beliefs and cultures of The Gila River Indians who were here before "The Pioneers" were sent from Utah to colonize Arizona.
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Here's some of that history: "
In the latter nineteenth century, few American Indians had rights that powerful economic interests were bound to respect. These speculative interests in central Arizona Territory's Salt River Valley understood this and influenced federal bureaucrats and policymakers to adopt a scheme giving them access to the natural resources of the Gila River Indian Reservation. Led by A. J. Chandler and his Detroit investors, speculators took advantage of a series of poorly written, loosely interpreted, and badly managed federal laws at the turn of the twentieth century and initiated a battle over control of scarce American Indian land and water resources. At stake was the economic and cultural survival of the Pima residing on the Gila River Indian Reservation. . ." -----------------
David DeJong (2014) "Down to the Gila": A. J. Chandler's Desert Land Scheme and the Gila River Indian Reservation, 1891-1911. American Indian Culture and Research Journal: 2014, Vol. 38, No. 3, pp. 1-24.
HERE'S ITEM 5-g > Mesa City Council Meeting on Monday, October 5,2020
| File #: | 20-0954 |
| Type: | Resolution | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 10/5/2020 |
| Title: | Approving and authorizing the City Manager to enter into the Second Amendment to the Intergovernmental Agreement with the cities of Avondale, Glendale, Mesa, Scottsdale, and Tempe related to joint legal representation with Engelman Berger, P.C. in the Gila River Adjudication. The Amendment is to add the City of Tempe, which elected to join in the joint legal representation as a party. (Citywide) |
| Attachments: | 1. Council Report, 2. Resolution, 3. Amended Agreement |
COUNCIL REPORT City Council Report
Date: October 5, 2020 To: City Council Through: Karolyn Kent, Assistant City Manager From: Jake West, Water Resources Department Director
Subject: Authorizing a Second Amendment to Intergovernmental Agreement related to joint legal representation in the Gila River General Stream Adjudication (Citywide)
Purpose and Recommendation
Council is requested to approve and authorize the City Manager to enter into a Second Amendment to Intergovernmental Agreement (“Amendment”) among the cities of Avondale, Glendale, Mesa and Scottsdale related to joint legal representation with Engelman Berger, P.C. in the Gila River General Stream Adjudication, whereby the City of Tempe will be added as a party.
Background/Discussion
Engelman Berger, P.C. has represented the cities of Avondale, Chandler, Glendale, Mesa and Scottsdale (the “Cities”) for many years in the Gila River General Stream Adjudication (the “Adjudication”). The Adjudication is a complex lawsuit that has been pending for over 40 years and ultimately will determine rights to use water from the Gila River and its tributaries, including the Salt and Verde River’s which provide much of the supply delivered and used by residents of the City. Mesa, along with thousands of other parties, is a claimant in the Gila Adjudication. The Cities most recently entered an Intergovernmental Agreement (“IGA”) dated July 1, 2019 regarding the joint representation.
This Amendment adds the City of Tempe, which recently elected to enter the IGA. Over the course of the many years during which the Adjudication has been pending, various Cities and Towns have joined and withdrawn from the joint legal representation. The City Attorney’s Office and Water Resources Department believes that the joint representation remains beneficial to the City, and the Second Amendment will authorize Mesa’s continued participation with the other named Cities with the addition of Tempe, which will also share evenly in the payment of attorney’s fees and expert witness fees incurred in the Adjudication. The IGA will remain in effect until a decree is entered unless terminated sooner by the Parties.
Under the IGA, a contract for legal services between Mesa and Engelman Berger, P.C. will be renewed annually at the discretion of the City Attorney in consultation with the City Manager and designee, the Water Resources Department Director. The City Attorney’s Office also continuously monitors the Adjudication and the effort of legal counsel retained in accordance with the IGA. In some cases, an attorney from the City Attorney’s Office also appears jointly with outside counsel. Alternatives
Council may choose not to authorize the Amendment to the IGA. In this case, the City would lose the economic and other benefits of joint legal representation.
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Fiscal Impact
The contract amount for legal fees under the IGA for fiscal year 2020-21 is a maximum of $137,600 to be split equally among the five Cities. Therefore, Mesa’s share will be a maximum of $27,520.00 (reduced from $34,400.00 prior to Tempe’s joining the IGA). Mesa may also pay up to $4,000 as shared expert witness fees in the event that an expert is retained, for a total of $31,520 annually. The amount for legal fees is anticipated to increase in future years, but will continue to be split five ways.
Coordinated With
The development of IGA was coordinated with the City Attorney’s Office.
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CITIZEN PARTICIPATION All citizens are permitted and encouraged to speak on agenda items including and preceding “Items from citizens present." Public participation is available electronically. If you want to provide a written comment or speak telephonically at the meeting, please submit an online comment card by going to Mesaaz.gov/bluecard at least 1 hour prior to the start of the meeting. If you want to speak at the meeting, you will need to indicate on the comment card that you would like to speak during the meeting, and you will need to call 888-788-0099 or 877-853-5247 (toll free) using meeting ID 5301232921 and following the prompts, prior to the start of the meeting. You will be able to listen to the meeting; and when the item you have indicated that you want to speak on is before Council, your line will be taken off mute and you will be given an opportunity to speak.
For help with the online comment card, or for any other technical difficulties, please call 480-644-2099.
WHY ARE WE STILL ON "LOCK-DOWN"?
Looks like the Lower Chambers will continue to be closed to the public going into the last quarter to start off October 2020. BLOGGER NOTE: We won't see the "Approved Minutes" for the following study session or regular meetings until Monday of next week -
| File #: | 20-0985 |
| Type: | Minutes | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 10/5/2020 |
| Title: | Approval of minutes of previous meetings as written. |
| Attachments: |
Checking the available posting on Wednesday, September 30th we do have access to the agendas and meeting details published online at http://mesa.legistar.com/Calendar.aspx .
Council Study Session Notice: To decrease COVID-19 exposure, the City Council Chambers is closed, but public viewing and input on the items are available electronically.
City Council Study Session tomorrow Thu 10.01.2020 @ 07:30 am TheAgenda(79).pdf
1 Review and discuss items on the agenda for the October 5, 2020 regular Council meeting.
2 Presentations/Action Items:
20-0983 Hear a presentation, discuss, and provide direction on the proposed opening of the Arizona Museum of Natural History and the i.d.e.a. Museum. 2-a
20-0982 Hear a presentation and discuss proposed text amendments to Chapters 2, 5, 6, 7, 8, 31, 33, 86, and 87 of Title 11 of the Mesa Zoning Ordinance including: 1) modifying certain development standards for assisted living facilities, including distance separation from major roadway intersections; 2) refining text-related development standards for residential uses in commercial districts to remove ambiguity; and 3) adding definitions for mixed-use developments, and boat and recreational vehicle storage. 2-b
20-1004 Approval of minutes from previous executive sessions 2-c
| File #: | 20-1004 |
| Type: | Minutes | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 10/1/2020 |
| Title: | Approval of minutes from previous executive sessions. |
| Attachments: | 1. Executive Session Meeting Dates |
ONE PAGE with only these notations: Executive Sessions:
September 19 and 26; October 7, 10, 21, and 24; December 2, 2019; and July 1 and 8, 2020
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3 Acknowledge receipt of minutes of various boards and committees
20-1000 Museum & Cultural Advisory Board meeting held on July 23, 2020.3-a
4 Current events summary including meetings and conferences attended.
5 Scheduling of meetings.
City Council Study Session next week Mon 10.05.2020 @ 5:15 pm NOT AVAILABLE
City Council Regular Meeting next week Mon 10.05.2020 @ 5:45 pm Agenda(80).pdf TENTATIVE 10-Page Printed on 09.29.2020
| Meeting Name: | City Council | Agenda status: | Tentative |
| Meeting date/time: | 10/5/2020 5:45 PM | Minutes status: | Draft |
| Meeting location: | Virtual Platform | ||
| Published agenda: |  Agenda | Published minutes: | Not available | |
| Meeting video: |
| Attachments: |
THERE ARE 22 ITEMS - 9 Contracts in Item 4 + 7 Resolutions in Item 5 + 2 Ordinances in Item 6 + one Subdivision Plat in Item 7
Here in one Contract Item 2-a
File #: 20-0964 Status:Type: Contract Agenda Ready In control: City Council On agenda: 10/5/2020 Title: Three-Year Term Contract with Two Years of Renewal Options for Fabrication and Installation of Parks and Facility Signs for the Parks, Recreation and Community Facilities Department (PRCF) (Citywide) This purchase will provide a Contractor to fabricate and install new signs in various parks throughout the City. PRCF uses park and basin identification signs, rules signs and other signs throughout the City’s parks system to inform and assist patrons in the use of park properties. The evaluation committee recommends awarding the contract to the highest scored proposal from Sierra Signs & Service, Inc. (a Mesa business), at $298,000 annually, with an annual increase allowance of up to 5%, or the adjusted Producer Price Index.
Here is one Contract: Item 4-i
| File #: | 20-0989 |
| Type: | Contract | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 10/5/2020 |
| Title: | Alma School Road Arterial Reconstruction Project (Districts 3 and 4) This project will mill and overlay approximately 26,000 square yards of existing asphalt on Alma School Road between Broadway Road and Main Street and includes the installation of Americans with Disabilities Act (ADA) improvements for driveways and sidewalk ramps, replacement of existing striping, including bike lanes and other miscellaneous roadway work as indicated on plans and specifications. The project also includes utility improvements of water line replacements, meter boxes, fire hydrants, and associated valves and appurtenances, and gas line replacements to include new meters, valves, service lines, and associated appurtenances. Staff recommends awarding the contract for this project to the lowest, responsible bidder, The Fishel Construction Company, in the amount of $3,425,587.10 and authorizing a change order allowance in the amount of $342,558.71 (10%), for a total award of $3,768,145.81. This proje... |
| Attachments: | 1. Council Report, 2. Project Location Map |
HERE IS ITEM 5-e
| File #: | 20-0971 |
| Type: | Resolution | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 10/5/2020 |
| Title: | Approving and authorizing the City Manager to enter into a funding agreement with Valley Metro Rail, Inc., for the current light rail operations in the City of Mesa. The City will pay $3,880,000 for operations and maintenance of the existing light rail line for fiscal year 2020/21. The City anticipates receiving $2,115,264 in light rail fares, advertising, and preventive maintenance, as well as $1,280,000 in Arizona Lottery Funds and $8,920,000 in CARES Act funding, for a net impact to the City’s General Fund of $1,739,736. (Districts 3 and 4) |
| Attachments: | 1. Presentation Slides, 2. Council Report, 3. Resolution, 4. Agreement |
CITIZEN PARTICIPATION All citizens are permitted and encouraged to speak on agenda items including and preceding “Items from citizens present." Public participation is available electronically. If you want to provide a written comment or speak telephonically at the meeting, please submit an online comment card by going to Mesaaz.gov/bluecard at least 1 hour prior to the start of the meeting. If you want to speak at the meeting, you will need to indicate on the comment card that you would like to speak during the meeting, and you will need to call 888-788-0099 or 877-853-5247 (toll free) using meeting ID 5301232921 and following the prompts, prior to the start of the meeting. You will be able to listen to the meeting; and when the item you have indicated that you want to speak on is before Council, your line will be taken off mute and you will be given an opportunity to speak.
For help with the online comment card, or for any other technical difficulties, please call 480-644-2099.
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 AZRelay 7-1-1 at least 48 hours in advance of the meeting.
Trump brought his own brand of over-the-top "Let-Trump-Be-Trump" onto the national and world stage last night in an insulting offense against his challenger for the highest office in the land in a series of low blows and bad behavior, refusing to respect the rules agreed on for the first Presidential Debate that rocked Cleveland creating a shockwave of disgust.
It was a performance that made nobody proud.
Here's just one next-day reaction - you can pick your own
The president told the Proud Boys, a self-described "western chauvinist" group, to "stand back" and "stand by."
In a night marked by constant interruptions and blatant fact-fudging, it was a moment that sparked a separate online melee.
Moderator Chris Wallace gave President Donald Trump an uninterrupted opportunity to condemn the nation's biggest domestic terrorist groups: white supremacists. Instead, Trump said they should “stand back and stand by.” What's more, he said, the violence in cities like Kenosha and Portland is a “left-wing problem, not a right-wing problem.” . . .
Trump's comments were quickly embraced by the Proud Boys, an alt-right self-described “western chauvinist” group who clearly viewed it as a call to action. The group turned his words into a logo that has been widely circulated on social media. On the right-wing social media site Parler, Proud Boys leader Joe Biggs said he took Trump’s words as a directive to “f--- them up.” . . . 
White supremacist groups have been cited by the State Department as one of the chief threats to national security. According to findings from an early September document shared with POLITICO from the Department of Homeland Security, white supremacist groups were listed above foreign terrorists in terms of immediate danger to the country . . . Miles Taylor, a former Trump appointee, . . said this:
"I'm sad to say a U.S. President is winking and nodding at violent groups that threaten American lives and our way of life.”
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tand Back And Stand By': Trump Doesn't Condemn White ...
