Monday, February 15, 2021

ANTI-DISCRIMINATION LAW /Fairness & Equality Here in Mesa > Repealing Police Regulations Title 6 Chapter 14 "Fair Housing" Mesa City Code + Adding Chapter 14 "Non-Disrimination Code"

What's fair is fair AND WHAT IS INCLUSIVE EQUALITY  are questions and answers that have yet to be addressed in one of the most conservative cities in America. Arizona's two larger cities approved and passed Anti-Discrimination Laws years ago - here there's been a lot of resistance for more than seven years.
A presentation dated February 18, 2021 has been prepared - it's listed as an item on the Tentative Agenda for next Monday, February 22nd and deserves more scrutiny in advance.
Readers of this blog are actively encouraged to seek some oversight and examination of what is in the presentation for qualified, objective, and independent organizations involved in Arizona.
There are some questionable issues raised about how the proposed changes in City Code that are intended to include certain exclusions.
Here are a few attachments to open for Item *9-h on the Tentative Agenda for the Mesa City Council on Monday, February 22, 2021.
Democracy at Work: an introduction to WS | by Otha Hernandez | Medium
 
This is the designated file number for Meeting Details:
City of Mesa Page 8 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021
 
21-0214 Amending Title 6 of the Mesa City Code (Police Regulations) by repealing Chapter 14, entitled “Fair Housing,” in its entirety, and adding a new Chapter 14 entitled “Non-Discrimination Code,” prohibiting discrimination in public accommodations, employment, and housing on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status, with certain exclusions. (Citywide) *9-h
 
File #:21-0214   
Type:OrdinanceStatus:Agenda Ready
In control:City Council
On agenda:2/22/2021
Title:Amending Title 6 of the Mesa City Code (Police Regulations) by repealing Chapter 14, entitled “Fair Housing,” in its entirety, and adding a new Chapter 14 entitled “Non-Discrimination Code,” prohibiting discrimination in public accommodations, employment, and housing on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status, with certain exclusions. (Citywide)
Attachments:

1. Presentation,

2. Council Report,

3. DRAFT - Non-Discrimination Ordinance 

 
_________________________________________________________________________
PRESENTATION:
Highlights of Proposed Non-Discrimination Ordinance
February 18, 2021
Andrea Alicoate, Diversity Administrator
Jacqueline Ganier, Assistant City Attorney III
 
To ensure that Mesa’s diverse populations have equal access to and treatment in: 
Goods 
Services 
Employment 
Housing 
 
Who Does it Apply to: 
Businesses and places of public accommodation 
Employers and the workplace 
City employees and facilities 
City contractors and vendors 
 
Exclusions:  WHAT ARE THEY SIDE-STEPPIN??SIDE-Closer Look GIFs - Get the best GIF on GIPHY
Federal government & state agencies & political subdivisions 
Religious, public and charter schools 
Religious corporations/organizations when furthering organization's purpose 
Public accommodations that provide beneficial pricing or policies to senior citizens, veterans, students or individuals with disabilities 
Speech & expressive activities & the free exercise of religion when protected under the First Amendment 
 
Implementation 
Administrated by City Manager and/or designeeDiversity Administrator with City Attorney’s Office 
No additional funding or staffing will be required 
Complaints must be within 90 days of alleged violation
Note: Other AZ cities with similar ordinances have reported low volume of complaints
 
Resolution Process 
City Manager is always permitted to address complaints through informal means, such as notices and/or warnings 
First violations Section 6-14-7(A)(1) 
Required to seek resolution through mediation or alternative means before citation 
Second or subsequent violations 
May seek resolution through mediation or alternative meansCivil Hearing Officer to handle all proceedings and make determination upon issuance of a citation  Action/Civil Penalties can include: 
First Violation: fined $300 per civil offense 
Second Violation: fined not less than $300 nor more than $2,500 per civil offense 
Third Violation: fined not less than $600 nor more than $2,500 per civil offense
 If passed, will allow 120 days until effective date to allow for public education
Community & Business Engagement 
Informational webpage 
Online form/questionnaire 
FAQ Sheets 
Partner with agencies for training and questions 
QUESTIONS?
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COUNCIL REPORT:
City Council Report
Date: February 18, 2021
To: City Council
Through: Christopher J. Brady, City Manager
From: Andrea Alicoate, Diversity Administrator
 
Subject: Proposed Non- Discrimination Ordinance
 
Citywide Purpose and Recommendation
The purpose of this report is to provide an overview of the proposed nondiscrimination ordinance. Background
> In 2014, Mesa’s Human Relations Advisory Board recommended that the City adopt a non-discrimination ordinance to ensure that Mesa’s diverse populations have equal access to good and services, and equal treatment in employment and housing, within the community.
An ordinance was not adopted at that time;
> however, Mesa created the One Mesa Community Pledge in 2015 to demonstrate its commitment to respecting and supporting diversity within and throughout the city.
The pledge received over 155 business/organization and 1,312 individual signatures of support.
 
> The next step is to codify Mesa’s commitment to diversity and inclusion in a nondiscrimination ordinance.
Adopting a non-discrimination ordinance will demonstrate Mesa’s core values, and it will drive the economy forward by attracting and retaining businesses, employees, and visitors.
In doing so, Mesa will be following in the footsteps of 330 municipalities nationwide, which includes Tempe, Tucson, Phoenix, Flagstaff, Winslow, and Sedona.
 
> On January 27, 2021, Mesa’s Human Relations Advisory Board unanimously supported and recommended that the City Council adopt the proposed nondiscrimination ordinance.
> On February 2, 2021, the Economic Development Advisory Board recommended that the City move forward with the proposed ordinance.
 
DISCUSSION 
The draft ordinance prohibits discrimination in public accommodations, employment, and housing on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status, with certain exclusions.
For example, it does not apply to religious corporations and organizations, public schools, religious schools, or charter 2 schools, and single-sex designated areas of a place of public accommodation or single-sex sports and recreational leagues and programs.
The ordinance does not infringe upon the free exercise of speech, expression, or religion as recognized under the First Amendment.
And it does not regulate employment-based health benefits.
Importantly, the ordinance does not displace or abrogate any criminal laws.
 
Any individual engaging in inappropriate or criminal behavior can be trespassed from a business and reported to the police for criminal charges and prosecution.
 
The City’s goal is to implement the requirements of the ordinance through education and to resolve complaints whenever possible through voluntary compliance and informal means of resolution.
 
Our sister cities report very few complaints filed under their ordinances and that most complaints are resolved in exactly this manner.
If the Council adopts the ordinance, the effective date will be 120 days after adoption.
This will allow the City ample time to educate the public, business community and other stakeholders.
 
Alternatives
1. Do not adopt the proposed ordinance.
2. Request changes to the proposed draft.
 
Fiscal Impact
It is anticipated that no additional staff will be needed to implement the nondiscrimination ordinance.
 
Coordinated With
The report and draft ordinance were completed in coordination with the City Manager’s Office and City Attorney’s Office
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Sunday, February 14, 2021

YES, AMERICA HAS A ‘NINJA’ MISSILE || 2021> Name=Hell Fire

Dr. John - Let The Good Times Roll (Studio)

Record Cold, Magnetic Disks, Climate Fails | S0 News Feb.14.2021

SAVE ....2 Days Ago

We have a long way to go > The bill is sponsored by Republican state Rep. John Fillmore of District 16.
Before his vote, Fillmore explained why he is introducing the legislation in Arizona. 

“I proposed this bill just to give clarity in government documents and was hoping to avoid the whole gender identity issue on the gender dysphoria,” said Fillmore. 

"What’s going to happen when someday someone wakes up and they want to go to a far extreme and identify as a chicken or something for crying out loud. Where do we draw the line?”     

Josh Sanders (KPNX)

10:30 PM MST February 11, 2021

 

Arizona legislator compares transgender, non-binary kids to barnyard animals

 
Republican John Fillmore compared trans and non-binary kids to chickens. His bill limits state agencies to issue documents with only male and female genders options.

PHOENIX —

Tucson mother Megan Mogan was literally shaking when she heard the words of an elected representative compare her 15-year-old child to a barnyard animal. 

“It’s dehumanizing any trans or non-binary person in their state,” Mogan said . . .

READ MORE > https://www.12news.com/article/news/politics/arizona-legislator-compares-transgender-and-non-binary-kids-to-barnyard-animals/75-7511cc3c-c14c-4472-96e2-d6eb67df53e4

Why can bills like HB 2725 be harmful to LGBTQ+ youth

The National Survey on LGBTQ Youth Mental Health, conducted last year by The Trevor Project, found LGBTQ+ youth in America are suffering. 

Here is what the report found: 

  • 48% of LGBTQ youth reported engaging in self-harm in the past twelve months, including over 60% of transgender and non-binary youth.
  • 46% of LGBTQ youth report they wanted psychological or emotional counseling from a mental health professional but were unable to receive it in the past 12 months.
  • 10% of LGBTQ youth reported undergoing conversion therapy, with 78% reporting it occurred when they were under age 18.
  • 29% of LGBTQ youth have experienced homelessness, been kicked out, or run away.
  • 1 in 3 LGBTQ youth reported that they had been physically threatened or harmed in their lifetime due to their LGBTQ identity.
  • 61% of transgender and non-binary youth reported being prevented or discouraged from using a bathroom that corresponds with their gender identity.
  • 86% of LGBTQ youth said that recent politics have negatively impacted their well-being.

 

 

 

TENTIVE AGENDA Mesa City Council Mon 02.22.2021

There are lots of moving parts on this Tentative Agenda printed 02/11
WHAT IS A 'NON-DISCRIMIN ATION CODE' ???????????????????
More > ITEM *9-h
File #21-0214
Amending Title 6 of the Mesa City Code (Police Regulations) by repealing Chapter 14, entitled “Fair Housing,” in its entirety, and adding a new Chapter 14 entitled “Non-Discrimination Code,” prohibiting discrimination in public accommodations, employment, and housing on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status, with certain exclusions. (Citywide) *9-h
Image result for non-discrimination code
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Council Meeting Notice: To decrease COVID-19 exposure, the City Council Chambers is closed, but public participation and viewing will be available electronically. Members of the City Council will appear electronically for this meeting, via a video conferencing platform, and the live meeting will be accessible via broadcast and telephonically. Because of the current public health emergency, the City Council Chambers is closed for Council Meetings. However, the live meeting may be watched on local cable Mesa channel 11, online at Mesa11.com/live, www.youtube.com/user/cityofmesa11/live, or https://www.facebook.com/CityofMesa, or listened to by calling 888-788-0099 or 877- 853-5247 (toll free) using meeting ID 5301232921 and following the prompts. Public participation will be 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. Applicants and their representatives who have items on the Council agenda and who want to be able to comment on their item or be able to answer questions should fill out this Applicant online comment card at least 1 hour prior to the start of the meeting and 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
Council Meeting Notice: To decrease COVID-19 exposure, the City Council Chambers is closed, but public participation and viewing will be available electronically. Members of the City Council will appear electronically for this meeting, via a video conferencing platform, and the live meeting will be accessible via broadcast and telephonically. Because of the current public health emergency, the City Council Chambers is closed for Council Meetings. However, the live meeting may be watched on local cable Mesa channel 11, online at Mesa11.com/live, www.youtube.com/user/cityofmesa11/live, or https://www.facebook.com/CityofMesa, or listened to by calling 888-788-0099 or 877- 853-5247 (toll free) using meeting ID 5301232921 and following the prompts. Public participation will be 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. Applicants and their representatives who have items on the Council agenda and who want to be able to comment on their item or be able to answer questions should fill out this Applicant online comment card at least 1 hour prior to the start of the meeting and 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.
 
City of Mesa Council Chambers 57 E. First Street City Council Meeting Agenda - Tentative Monday, February 22, 2021 5:45 PM
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. Si necesita asistencia o traducción en español, favor de llamar al menos 48 horas antes de la reunión al 480-644-2767.
 
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, an online comment card will need to be completed by going to Mesaaz.gov/bluecard at least 1 hour prior to the start of the meeting and by following the instructions provided under “Citizen Participation” at the top of this page.
Mayor John Giles Vice Mayor Jennifer Duff - District 4 Councilmember Mark Freeman - District 1 Councilmember Julie Spilsbury - District 2 Councilmember Francisco Heredia - District 3 Councilmember David Luna - District 5 Councilmember Kevin Thompson - District 6 City Council
 
Meeting Agenda - Tentative February 22, 2021
Mayor's Welcome
Roll Call
Invocation by Mark Anderson with Unification Church Pledge of Allegiance Awards, Recognitions and Announcements
> 1 Appointment of Joseph Lisitano as City Auditor.
> 2 Appointment and swearing-in of Stephanie Olohan as City Magistrate.
> 3 Appointment and swearing-in of Stephen Umpleby as City Magistrate.
 
 4 Take action on all consent agenda items.
Items on the Consent Agenda *5
21-0142 Approval of minutes of previous meetings as written.
 
6 Take action on the following liquor license applications:
21-0184 Palace Nail Lounge by Jimmy A nail salon is requesting a new Series 07 Beer and Wine Bar License for Jimmy Nguyen, sole proprietor, 1940 West Rio Salado Parkway, Suite 101-102. This is an ownership transfer; therefore, the existing license held by Phoenix Blue Sky LLC will revert to the State for modification. (District 1) *6-a
 
21-0185 Family Dollar Store #23914 A general merchandise retailer is requesting a new Series 10 Beer and Wine Store License for Family Dollar Inc., 255 East Southern Avenue, Suite 9; Ralphael Sean Piche, agent. There is no existing license at this location. (District 4) *6-b
 
City of Mesa Page 2 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021 7
 
Take action on the following contracts:
21-0187 Ratification of the Emergency Purchase of Antigen Rapid Tests (Citywide) The City purchased 2,000 COVID-19 antigen tests on 12/29/2020.
Antigen tests were needed as soon as possible to test Mesa Fire and Medical and Police upon their return to work after the holidays. The Mesa Fire and Medical Department and Purchasing recommend ratifying the purchase with AllerCyte, at $47,987.60. This purchase is funded by the Mesa CARES Program. *7-a
 
21-0199 Purchase of Fire Apparatus (Four Replacement Pumpers) for the Mesa Fire and Medical Department (Citywide)
The four replacement pumpers are part of MFMD’s ongoing apparatus replacement schedule and will be used as emergency response frontline units.
The four apparatus that are being replaced have met established replacement criteria and will be sold by a sealed bid process or traded-in as part of the City’s fire apparatus purchase agreement with Pierce Manufacturing. The City entered into a five-year fire apparatus Master Purchase Agreement with Pierce Manufacturing in 2014 and a three-year renewal in 2019. Staff is studying purchase options including apparatus brands for future purchases. The Mesa Fire and Medical Department and Purchasing recommend awarding this purchase to Pierce Manufacturing Inc., through their designated local dealer, Hughes Fire Equipment Inc., at $3,238,433.74. This purchase is funded by 2018 Public Safety Bonds. *7-b
 
21-0205 Three-Year Term Contract with Two Years of Renewal Options for Landscape Maintenance Services for City Facilities (Secured Sites) for the Parks, Recreation and Community Facilities Department (Citywide)
This contract will establish landscape maintenance services for all applicable City facilities within the Secured Sites Zone which encompasses 22 City facilities. An evaluation committee recommends awarding the contract to the highest scored proposal from Brightview Landscape Services, Inc., at $251,000 annually (includes a 20% contingency), with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. *7-c
 
City of Mesa Page 3 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021
 
21-0192 Three-Year Term Contract with Two Years of Renewal Options for Landscape Maintenance Services for City Facilities (Zone 5) for the Parks, Recreation and Community Facilities Department (Citywide)
This contract will establish landscape maintenance services for all applicable City facilities within Zone 5, which encompasses 22 City facilities. An evaluation committee recommends awarding the contract to the highest scored proposal from Mariposa Landscape Arizona, Inc., at $347,444 annually (includes a 20% contingency), with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. *7-d
 
21-0193 Three-Year Term Contract with Two Years of Renewal Options for Landscape Maintenance Services for City Facilities (Zone 6) for the Parks, Recreation and Community Facilities Department (Citywide)
This contract will establish landscape maintenance services for all applicable City facilities within Zone 6, which encompasses 24 City facilities. An evaluation committee recommends awarding the contract to the highest scored proposal from Mariposa Landscape Arizona, Inc., at $419,764 annually (includes a 20% contingency), with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. *7-e
 
21-0194 Three-Year Term Contract with Two Years of Renewal Options for Landscape Maintenance Services for City Facilities (Zone 7) for the Parks, Recreation and Community Facilities Department (Citywide)
This contract will establish landscape maintenance services for all applicable City facilities within Zone 7, which encompasses 14 City facilities. An evaluation committee recommends awarding the contract to the highest scored proposal from Brightview Landscape Services, Inc., at $223,650 annually (includes a 20% contingency), with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. *7-f
 
City of Mesa Page 4 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021
 
21-0195 Three-Year Term Contract with Two Years of Renewal Options for Employee Uniform Garments for Citywide Departments (Citywide)
Through its Uniform Garment Program, the City purchases and issues garments to employees and the employees are responsible for the laundry and maintenance.
Items include: t-shirts, polo shirts, jeans and shorts; traditional poly/cotton and cotton uniform shirts and pants; and jackets, hats and ball caps.
Departments using this contract include Arts and Culture, Business Services, Development Services, Energy Resources, Engineering, Environmental Management and Sustainability, Fleet Services, Innovation and Technology, Parks, Recreation and Community Facilities, Transportation, and Water Resources.
An evaluation committee recommends awarding the contract to the highest scored proposals from Ace Uniforms of Phoenix (Primary) and Mission Uniform Supply (Secondary), at $375,000 annually, with an annual increase allowance of up to 5%, or the adjusted Producer Price Index. *7-g
 
21-0186 Purchase of Application Delivery Controllers Software and Support (Upgrade/Replacement) for the Department of Innovation and Technology (Citywide)
Application delivery controllers (ADC) balance the network traffic to City hosted websites and application services both on premise and in the cloud.
They also provide secure access to websites and applications for employees, retirees, and customers.
The ADC software licenses will retire current hardware ADC’s, while increasing the capacity of existing software ADC’s, and allow for ADC services in the City’s cloud environment.
Department of Innovation and Technology (DoIT) and Purchasing recommend authorizing the purchase using the National Cooperative Purchasing Alliance cooperative contract and lowest quoted vendor, Sentinel Technologies, Inc., at $89,491.67, based on estimated requirements. This purchase is funded by DoIT Lifecycle Program Budget. *7-h
 
City of Mesa Page 5 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021
 
21-0196 44-Month Term Contract with Five Years of Renewal Options for Kenwood Radio Equipment for the Water Resources Department (Citywide)
This contract will provide replacement Kenwood radios as needed for Water Resources - Wastewater collection crews.
The Water Resources Department and Purchasing recommend authorizing the purchase using the State of Arizona contract with Durham Communications, Inc.; Southwest Radio Sales; and Kelly Communications, Inc., at $60,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. *7-i
 
21-0191 Purchase of Leica Land Surveying Equipment (Upgrade/Replacement) for the Engineering Department (Sole Source) (Citywide)
This equipment will be used to perform engineering plan reviews for surveying conformance, legal and easement descriptions, topographic surveys for engineering design and support, construction surveying services, regular maintenance and perpetuation of the Citywide benchmark system used for vertical control within the City, for various City Departments.
To fulfill these requests, operational, accurate, and functional land surveying equipment is needed.
The Engineering Department and Purchasing recommend authorizing the purchase from the sole source vendor, Surveyors Source, at $60,053.57. *7-j *7-k
 
21-0210 Authorizing the Mayor to sign an employment contract with the City Auditor.
21-0211 Authorizing the Mayor to sign an amendment to the employment contract with the City Clerk. *7-l
21-0212 Authorizing the Mayor to sign an amendment to the employment contract with the City Attorney. *7-m
21-0213 Authorizing the Mayor to sign an amendment to the employment contract with the City Manager. *7-n 8
 
Take action on the following resolutions:
21-0146 Approving and authorizing the City Manager to enter into a Development Agreement with Comarch Inc., relating to 3 acres of property located at the northeast corner of Ellsworth Road and Prairie Avenue for the purpose of “opting-in” to the Elliot Road Technology Corridor zoning overlay. (District 6) *8-a
 
City of Mesa Page 6 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021
 
21-0147 Extinguishing three temporary drainage easements located at 10529 East Hampton Avenue to allow for the development of Mera Mesa, an age-restricted, active adult development; requested by the property owner. (District 6) *8-b
 
21-0189 Vacating two rights-of-way, and extinguishing three public utility easements, a drainage easement, two temporary drainage easements, and a temporary drainage and retention easement located at 5960 East Thomas Road to accommodate the development of a 294-lot residential subdivision called The Reserve at Red Rock; requested by the property owner. (District 5) *8-c
 
HERE'S AN ITEM USING EMINENT DOMAIN
21-0188 Approving and authorizing continued negotiations to acquire certain property along the Signal Butte Road Improvement Project, between Williams Field Road and Germann Road, and in order to avoid unnecessary construction expense and delays, authorizing and directing that fee title, easements, or other interests in, and possession of, certain property be acquired by the City of Mesa through eminent domain as a matter of public necessity. (District 6) *8-d
 
9 Introduction of the following ordinances and setting March 1, 2021 as the date of the public hearing on these ordinances:
 
21-0150 ZON20-00491 (District 6)
Within the 5200 to 5300 blocks of South Ellsworth Road (east side), the 5300 through 6200 blocks of the South Crismon Road alignment (east and west sides), the 9800 to 10000 blocks of the East Williams Field Road alignment (north and south sides) and the 10000 to 10200 blocks of East Williams Field Road (north side). Located on the north side of the future State Route 24 freeway alignment between Ellsworth Road to approximately one-quarter mile east of the Crismon Road alignment
(465± acres).
Major Amendment to the Pacific Proving Grounds North Community Plan, also known as the Cadence Community Plan.
This request is to modify sections of the approved Community Plan and Land Use Budget allocations for Development Unit 3 within the Plan. Susan Demmitt, Gammage and Burnham, PLC, applicant; PPGN-Williams, LLLP, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *9-a
 
21-0151 ZON20-00562 (District 6)
Within the 5300 block of South Power Road (east side). Located south of Ray Road and east of Power Road (2.4± acres).
Modification of an existing PAD; and Site Plan Review. This request will allow for the development of a hotel. Taylor Earl, Earl and Curley, applicant; Mesa Hotel Partners, LLC, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *9-b
 
City of Mesa Page 7 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021
 
 21-0152 ZON20-00609 (District 1)
731 North Alma School Road. Located north of University Drive on the east side of Alma School Road (1.2± acres). Rezone from OC to RS-6. This request will allow for a single residence use. Randal L. Courtney, applicant; Randal L. Courtney, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *9-c 21-0153 ZON20-00769 (District 6) Within the 8400 to 8800 blocks of East Elliot Road (north side) and within the 3400 to 3600 blocks of South Hawes Road (east side). Located east of Hawes Road and north of Elliot Road (77± acres). Rezone from LI-PAD to LI-PAD; and Site Plan Review. This request will allow for an industrial development. Eric Zitny, Ware Malcomb, applicant; Loop 202 & Elliot Road Parcel #2 LLC, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *9-d
 
21-0154 ZON20-00815 (District 3)
Within the 100 block of South Dobson Road (west side). Located south of Main Street on the west side of Dobson Road (2.5± acres). Rezone from GC to GC-BIZ overlay; and Site Plan Review.
This request will allow for a commercial development.
Rick Daughtery, 3rd Story Architecture, applicant; WJC, LLC, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *9-e
 
21-0155 ZON20-00861 (District 6)
The 3600 to 4400 blocks of South Ellsworth Road (east side), the 3600 to 4200 blocks of South Eastmark Parkway (west side), the 9200 to 9600 blocks of East Elliot Road (south side), and the 9200 to 9800 blocks of East Warner Road (north side). Located south of Elliot Road and north of Warner Road between Ellsworth Road and Signal Butte Road
(325± acres).
Major Amendment to the Eastmark Community Plan.
This request is to modify the character descriptions for Development Units 1 and 2 of the Eastmark Community Plan. Jill Hegardt, DMB Associated, Inc., applicant; DMB Mesa Proving Grounds LLC, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *9-f
 
21-0157 ANX20-00665 (District 5)
Annexing property located north of University Drive and west of Ellsworth Road (1.0± acre).
Initiated by the applicant, Reese Anderson, Pew and Lake, P.L.C.; for the owners, Vance and Amanda Williams. *9-g
 
City of Mesa Page 8 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021
 
21-0214 Amending Title 6 of the Mesa City Code (Police Regulations) by repealing Chapter 14, entitled “Fair Housing,” in its entirety, and adding a new Chapter 14 entitled “Non-Discrimination Code,” prohibiting discrimination in public accommodations, employment, and housing on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status, with certain exclusions. (Citywide) *9-h
Image result for non-discrimination code
 
Items not on the Consent Agenda 10
Items from citizens present. (Maximum of three speakers for three minutes per speaker).
11 Adjournment.¹
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Historic Decision: Enforcing Fair Housing Act to Prohibit Discrimination on the Basis of Sexual Orientation and Gender Identity

Direct from HUD Press Office Fri, Feb 12, 2021 at 8:47 AM

WHAT THEY ARE SAYING:
HUD’s Directive to Enforce the Fair Housing Act to Prohibit Discrimination on the Basis of Sexual Orientation and Gender Identity

The U.S. Department of Housing and Urban Development (HUD) announced that it will administer and enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity. The HUD directive begins implementation of the policy set forth in President Biden’s Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.

Here’s what they’re saying about HUD’s directive to enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity:

Senator Sherrod Brown: “No one should be excluded from housing based on who they are or who they love. I applaud the Biden Administration for taking steps to ensure that HUD is finally carrying out the Bostock ruling’s confirmation that civil rights protections extend to sexual orientation and gender identity.” [Statement, 2/11/21]

Senator Martin Heinrich: “So pleased to see this from @HUDgov. Absolutely no one should be discriminated against simply for being who they are. I commend the Biden administration for taking action to guarantee that.” [Tweet, 2/11/21]

Senator Tim Kaine: “To this day, many LGBTQ+ Americans are turned away from housing opportunities because of who they love. I’ve seen firsthand the impact housing can have on a family’s health and economic prospects. It’s long past time we end this discrimination and ensure all Americans have equal access to housing. I’m pleased to see the Biden Administration take immediate action to protect the rights of more Americans as they find a home.” [Statement, 2/11/2021]

Equality Caucus Chair Congressman David N. Cicilline: “No person should ever lose their home because of their sexual orientation or gender identity. It is un-American. I am pleased that HUD is taking action today to crack down on discrimination against LGBTQ+ people. This is a big step in the right direction, and I thank President Biden for his leadership on this important issue. LGBTQ+ people should be able to live their lives free from the fear of discrimination, regardless of which party controls the White House. That’s why, in the weeks ahead, it is critical that Congress pass the Equality Act to establish permanent federal protections against discrimination in housing, education, employment, and other key areas of day-to-day life. I look forward to working with the President and my colleagues to get the job done.” [Statement, 2/11/21]

Equality Caucus Co-Chair Congresswoman Angie Craig: “I am encouraged by today’s announcement, which reaffirms that discrimination in the housing market on the basis of sexual orientation and gender identity is unreasonable, immoral and illegal. This action is another step in a long march toward unraveling a pattern of discrimination against LGBTQ Americans enacted by the Trump Administration. While we still have a long way to go, I am proud to have President Biden and his Administration standing alongside us in our ongoing fight for equality.” [Statement, 2/11/21]

Equality Caucus Co-Chair Congresswoman Sharice L. Davids: “I am thrilled that HUD took an important step today to fully enforce the Fair Housing Act and prevent discrimination based on sexual orientation and gender identity in federally funded housing programs. No one should be discriminated against because of who they love or how they identity – but sadly this happens all too frequently. That is why we must finally get the Equality Act signed into law, so we can outlaw this kind of discrimination in every part of our society, not just in our federally funded programs. While we celebrate this progress in the fight for LGBTQ equality, we must also recommit to the work that still lies ahead.” [Statement, 2/11/21]

Equality Caucus Co-Chair Congressman Mondaire Jones: “For years, so many LGBTQ+ people in this country have been housing-insecure because of the systems put in place to discriminate against us. Finding a place to live is hard enough and we should not have to deal with the additional hurdle of navigating a minefield of discrimination. Everyone deserves to feel safe at home.” [Statement, 2/11/21]

Equality Caucus Co-Chair Congressman Sean Patrick Maloney: “Stable, safe housing for LGBTQ people isn’t a ‘nice to have’, it’s a ‘need to have’. This is the right move by the Biden Administration, and it shows the president’s strong commitment to equality for LGBTQ people. Today’s decision is just the beginning. Working in lock-step with the White House, I will continue our fight to codify nondiscrimination protections for all LGBTQ Americans through the advancement of the Equality Act.” [Statement, 2/11/21]

Equality Caucus Co-Chair Congressman Chris Pappas: “Safe and affordable housing is a fundamental human right, and I am thrilled to see the Department of Housing and Urban Development take action and prohibit discrimination on the basis of gender identity and sexual orientation. The Biden Administration has made it a priority to prevent and combat discrimination throughout the federal government, and I commend them for their efforts to ensure every American receives equal treatment under the law.” [Statement, 2/11/21]

Equality Caucus Co-Chair Congressman Mark Pocan: “No one should be denied a home because of their sexual orientation or gender identity. Only 22 states and the District of Columbia have explicit laws prohibiting discrimination on the basis of sexual orientation and gender identity, so it is long overdue that we take federal action to enforce the Fair Housing Act for LGBTQ+ communities. At a time when so many across the nation are on the brink of homelessness and housing insecurity, we thank the Biden-Harris administration for moving swiftly to remove further obstacles to those seeking housing during this crisis. Next, Congress must pass the Fair and Equal Housing Act to make President Biden’s executive order the law of the land once and for all.” [Statement, 2/11/21]

Congressman David Price: “@HUDgov says discrimination based on sexuality or gender identity violates the Fair Housing Act.This sends a powerful signal that bias has no place in housing or emergency shelter.” [Tweet, 2/11/21]

Equality Caucus Co-Chair Congressman Mark Takano: “LGBTQ+ people are more likely to experience housing insecurity or homelessness, and rampant discrimination and economic inequality makes it harder for members of our community to secure a place to live. By administering and enforcing the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity, the Biden Administration is taking a major step toward combating discrimination against LGBTQ+ Americans. No one should ever be denied housing because of their identity and those who face discrimination deserve the same legal protections as everyone else. I applaud this monumental move, now let’s pass the Equality Act to codify these legal protections and guarantee true equality under the law for every American.” [Statement, 2/11/21]

Congressman Mike Quigley: “Today’s announcement, in the first weeks of the Biden administration, is a declaration that LGBTQ rights are human rights and that housing discrimination on the basis of gender identity or sexual orientation is unacceptable and should be relegated to the shameful past.” [Statement, 2/11/21]

Congresswoman Jennifer Wexton: “HUD’s actions today to fully enforce the Fair Housing Act will guarantee protections for our LGBTQ friends and neighbors and ensure every American is able to access housing free from discrimination.” [Statement, 2/11/21]

GLBTQ Legal Advocates & Defenders: “@HUDgov has announced it will protect LGBTQ people from discrimination in housing and shelters! This is an essential step toward ensuring LGBTQ people can live safely and free from discrimination. #HousingSavesLives” [Tweet, 2/11/21]

Alphonso David, President, Human Rights Campaign: “Today, thanks to the Department of Housing and Urban Development and President Biden, LGBTQ people can rest assured that if they are denied housing in an emergency or refused rental of an apartment because of their sexual orientation or gender identity they will have recourse under federal law. This announcement implementing the Supreme Court’s Bostock ruling and applying it to the Fair Housing Act will make a huge impact on the lives of LGBTQ people, particularly transgender people and LGBTQ people of color who face disproportionate rates of discrimination. From Day One, the Biden administration has made unprecedented and immediate changes to the lives of the 11 million LGBTQ people across the country and we look forward to continuing our work together with the president and his administration moving forward.” [Statement, 2/11/21]

Karen Loewy, Senior Counsel and Seniors Strategist, Lambda Legal: “Lambda Legal applauds this step by the Biden Administration to make the promise of equal housing opportunity real for LGBTQ people across the country. As our housing work has demonstrated and the Bostock decision confirmed, the harassment and discrimination that LGBTQ people face in housing are forms of sex discrimination that federal law will not tolerate. These actions by HUD will both prevent future discrimination and ensure that those who have experienced discrimination have a clear avenue for relief.” [Statement, 2/11/21]

Charlie Oppler, President, National Association of Realtors®: “There are few greater human needs than housing, and to exclude LGBTQ individuals from the protections afforded to other Americans is cruel. This is a just and historic decision by HUD.” [Statement, 2/11/21]

David J. Johns, Executive Director, National Black Justice Coalition: “The U.S. Department of Housing and Urban Development’s announcement this morning explicitly prohibiting housing discrimination based on sexual orientation, gender identity, and gender expression will help to disrupt the cycle of discrimination based housing instability that negatively impacts the lives of too many Black lesbian, gay, bisexual, transgender, queer (LGBTQ+) people, communities, and families. Having a consistent roof over one’s head is a fundamental pillar in being able to thrive. We applaud the Biden, Harris administration for their immediate implementation of the U.S. Supreme Court’s Bostock decision and look forward to additional actions to explicitly ensure that these important considerations are enforced and applied to all homeless shelters. Every American deserves access to the programs and support services that enable them to survive and succeed, especially during the current collision of health, economic, and social crises.” [Statement, 2/11/21]

Shannon Minter, Legal Director, National Center for Lesbian Rights: “Homelessness and housing insecurity are critical issues for many LGBTQ people – particularly transgender individuals who often face serious bias and barriers to finding safe and secure housing. This guidance makes clear that federal law prevents federally funded shelters from turning people away because of their sexual orientation or gender identity, as well as addressing anti-LGBTQ discrimination in all other areas of federal housing law.” [Statement, 2/11/21]

Mara Keisling, Executive Director, National Center for Transgender Equality: “What the Biden administration is doing now is incredibly important, doing right by some of the most marginalized people in the United States who need access to federal housing programs. What’s really significant about it is they are using the Fair Housing Act, which is what we think the [Supreme Court] decision would require.” [Via The Washington Post, 2/11/21]

Jesse Van Tol, CEO, National Community Reinvestment Coalition: “We are glad to see that HUD is moving forward to implement President Biden’s executive orders without delay, and taking strong action to prohibit housing discrimination, which is so often faced by the LGTBQ+ community. This community faces some of the highest rates of homelesses, which stems in large part from discrimination. They also face discrimination at many homelesses shelters. “Full enforcement of the Fair Housing Act to prohibit discrimination on the basis of gender identity or sexual orientation was long overdue, and we applaud HUD for moving quickly.” [Statement, 2/11/21]

National Fair Housing Alliance: .@HUDgov has announced that it will use the #FairHousingAct to prohibit discrim. on the basis of sexual orientation & gender. This is great news & we hope this step is one of many that the Biden admin will take to challenge systemic discrim. in housing.” [Tweet, 2/11/21]

National Homelessness Law Center: “@HUDgov reinstates full scope of the Fair Housing Act, prohibiting housing discrimination on the basis of sexual orientation and gender identity. This is a win for the LGBTQ community and housing advocates across the country!” [Tweet, 2/11/21]

Erin Uritus, CEO, Out and Equal Workplace Advocates: “Unfortunately, housing discrimination is the lived reality for many LGBTQ people in our country – and this is especially true for the transgender community. Thankfully, President Biden is bringing the full force of the federal government to bear so that no LGBTQ American will be denied a roof over their head just because of who they are or who they love.” [Via HousingWire, 2/11/21]

PFLAG National: “At the direction of @POTUS, @HUDgov will enforce the #FairHousingAct to prohibit discrimination on the basis of sexual orientation and gender identity. Thank you for seeing and protecting our #LGBTQ+ loved ones and their families!” [Tweet, 2/11/21]

Dylan Waguespack, Public Policy Director, True Colors United: “Certainly the Obama administration made a lot of headway into ending housing discrimination against LGBTQ people, and it’s really good to see that progress picked back up.” [Via The Washington Post, 2/11/21]

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