CITY COUNCIL FORMAL MEETING- JANUARY 25, 2023

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good afternoon we'll call to or order the I'm sorry we'll be uh welcome to the January 25th formal city council meeting we'll begin with an invocation from police chaplain Robert fesmeyer you're welcomed and invited to join me in prayer heavenly father almighty God comforter and Creator protector of our soul we thank you for another day to act justly to love mercy and to walk humbly in your word and in our deed thank you for the recent refreshing and restoring Reigns and thank you for those who have placed a Thor in authority to lead and to serve to protect and to multiply the blessing and hope that you have placed within this city and within our lives guard our hearts and our minds our actions and decisions that they reflect the good and the righteous calling in this place protect us from evil make us courageous for good bless each person here in our families this place and the sacred business to be accomplished today in truth and in respect for we pray this in your holy name amen please remain standing for the Pledge of Allegiance and I will ask the vice mayor if you could lead us please thank you so much we'll call to order the formal meeting of the Phoenix City Council will the clerk call the roll councilman decision council member Garcia councilwoman guardado here councilwoman O'Brien here councilwoman pastor councilwoman Stark here councilman Waring here vice mayor I'm sorry here mayor Gallego here Carmen Kota is with us to provide interpretation Carmen would you introduce yourself uh yes mayor thank you good afternoon my name is Carmen Kota I will be interpreting for our Spanish-speaking audience this afternoon please give me a moment to introduce myself to them gracias thank you mayor thank you Carmen will the city clerk please read the 24-hour paragraph the titles of the following ordinance and resolution numbers on the agenda were available to the public at least 24 hours prior to this council meeting and therefore may be read by title or agenda item only ordinances number G 7069-7070-s49265 and 49321-49381 and resolutions 22092-22095 thank you and I'll turn to our City attorney to explain the role of public comment thank you mayor members of the public may speak for up to two minutes to comment on agenda items for public comment comments must be related to the agenda item and the action being considered by the council General comments that go beyond the scope of the agenda item must be made in the citizen comment session at the end of the agenda the city council and staff cannot discuss or comment on matters related to pending investigations claims or litigation the city code requires speakers to present their comments in a respectful and courteous manner profane language threats or personal attacks on members of the public council members or staff are not allowed a person who violates these rules will lose the opportunity to continue to speak thank you and before we begin the formal business councilman decisio is celebrating his birthday this week so we wish him a happy celebration happy birthday [Applause] mayor I think he qualifies for Medicare now Karen I turn 87 tomorrow hard to beat that okay we'll begin with the meeting minutes councilman Pastor do you have a motion on item one move item number one second we have a motion and second all in favor please say aye aye aye passes unanimously we next turn to boards and commissions vice mayor do you have a motion motion to approve mayor and city council boards and commissions nominations second the motion a second any comments all those in favor please say aye aye aye aye the vice mayor will now swear in our boards and commissions members and thank you so much to all of you who serve this community all right please raise your right hand I state your name do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona that I will bear true faith and allegiance to the same and defend them against all enemies foreign and domestic and that I will faithfully and impartially discharge the duties of the office of according to the best of my ability so help me God thank you so much for your service if you'd like to go and all of the council members would love to congratulate you thank you so much houses thank you so much the city council provides an advisory role to the State of Arizona on liquor license applications vice mayor do we have a motion on liquor licenses motion to approve items 3 through 12. second any comments all those in favor please say aye aye any opposene passes unanimously city clerk are we ready for ordinances resolutions new business planning and zoning yes mayor vice mayor to a question motion to approve items 13 through 100 except the following items 13 14 15 23 31 41 46 49 68 69 and 72 and excluding these items for virtual public comment item 100 and can the clerk please confirm if there are any other items that should be excluded for in-person public comment vice mayor mayor there are no other items to exclude at this time thank you second we have a motion and a second any corrections roll call decisio yes Garcia yes yes O'Brien yes door Stark yes Waring yes yes I'm sorry yes Gallego yes passes nine zero we next move to the payment ordinance the first item is 13 stone finish related to terrazzo floors do we have a motion move to approve second Motion in a second any comments roll call to CCO Garcia yes yes O'Brien yes a store yes Stark yes wearing no I'm sorry yes Gallego yes passes seven two next is item 14 which is Partnerships with taxi cab companies for passenger Transportation should we have a Sky Train Interruption vice mayor move to approve second roll call decisio Garcia yes yes O'Brien pastor Stark yes wearing yes yes I'm sorry yes there you go yes passes eight one next is item 15 a partnership with pride Group LLC to support airport events vice mayor move to approve second any comments roll call to CCO no Garcia yes yes O'Brien yes pastor Stark yes Waring I'm sorry yes Gallego yes passes seven two we next move to item 23 Maricopa County Community College Rio Salado District support for college credits for our police officers Police Academy students councilman Pastor I have a conflict thank you voting councilman pastor's conflict vice mayor do we have a motion move to approve second any comments roll call decision yes Garcia yes yes O'Brien yes Stark yes Waring yes I'm sorry yes Gallego yes passes eight zero we next go to item 31 which is a request to acquire real property in assisting the unsheltered population city-wide vice mayor move to approve second promotion in a second comments mayor can I ask looking forward to supporting this item the city is trying so many different solutions to make sure we move forward on fighting homelessness roll call ask a question bear oh I'm sorry councilman Waring yes okay sorry councilman Waring I believe Rachel's here trying to look behind me very quickly hopefully they can hear me if they're coming down we're not like it hasn't been decided where building correct correct that's correct that's information that you'll bring back to us and we'll have a subsequent vote about this this is just we're going to try to do something and then see what the plans are and where it is when it comes back and we'll discuss this more is that a fair summary mayor councilman Waring that's absolutely correct um this is just to give the authority to pursue property acquisition we would absolutely bring that back to the council for final approval all right sorry Rachel a little exercise coming down that Hall there for for 50 feet but uh thank you I think Lori answered the question I think we're good thank you but mayor I have a question please go ahead councilman O'Brien thank you so um Lori you said for final approval but at what point would city council be engaged I mean if we've done a lot of work and we've entered a contract and the final approval is just to you know pay them that that would be concerning that there could be a use of resources with not the proper outcome mayor councilwoman O'Brien the office of Homeless Solutions will not move anything forward without uh not only Community input but District input for for certain on anything that we move to acquire or lease okay thank you for that further clarification yeah Pastor go ahead councilwoman uh it's just basically giving the Authority for you to pursue uh property and then after that if a property is located then it will be discussed with the the council and that particular council member of where the property is located in in then it would be brought back for us to vote on mayor councilwoman Pastor members of the council that's accurate we would be discussing it with you before moving forward this would really just allow us to do the due diligence necessary to know if it's something that we're interested in pursuing vice mayor thank you I just wanted to say how supportive I am of this item I really I know you all are working incredibly hard to find as you know properties that the city can either acquire or lease and you know with our strategies to address homelessness plan we've been laser focused on getting people off the streets so I think this is great because I know how long appraisals can take and finding properties and with the shelter that we are working on at 22nd Avenue and Lower Buckeye for those who don't know there we've been delayed a couple of months hopefully not more than that because of some construction issues and so I think this authority to be able to move a little quicker is great and I just want to put a plug that if anything is found property wise in district 7 that is not in the concentration where we already have the majority of services I would be very open to taking on more in the district so just want to put that out there in case you do happen to find something um that would be great thank you we ready for roll call yes roll call decisio Garcia yes yes O'Brien yes pastor yes Stark yes Waring yes I'm sorry yes Gallego yes passes 8-1 we next go to item 46 authorization to amend utility assistance contract with the Arizona Community Action Association doing business as Wildfire mayor apologize this is a city court 41. I'm sorry yes um next is 41. thank you thank you uh do we have a motion yes mayor I would like to make a motion to approve item 41 with the stipulation that language be included in the intergovernmental agreement outlined a reporting structure for the Rio reimagine Urban Waters Ambassador this language will will direct the Rio Advisory Board will establish a subcommittee responsible for determining determining whether the Rio ambassador to Urban Waters Federal partnership is satisfactory performing the duties of the position set forth in exhibit a and meeting the established performance metrics second we have a motion and a second questions or comments I roll call oh go ahead Vice or councilman pet store I just want to say this is a great opportunity we will be working with the regional Partners on this position and regionally will be be assisting in the rear reimagine and I think this is a a great effort on our part as we continue to make it happen so thank you the reason why I'm saying that is because they pulled it last time and uh wanted to know I pulled it because of some of the metrics and that's what was my motion and I'm very much supportive of of this thank you thank you councilwoman pastor it was very exciting when two years ago we began the real real Mansion Rio Salado Urban's Waters Federal partnership and it's exciting to see so much movement in the last few months between our bond the raised Grant and private sector investment so a very exciting time with this designation of urban federal waters we can work together with so many partners across tribal communities local government and the federal government and really move forward on so many goals from Economic Development to health and wellness and ecosystem restoration it's great that we're going to have a full-time person to help us continue this momentum and want to thank those who got it started many years before me roll call decisio Garcia yes yes O'Brien yes Pastor yes Stark yes Waring yes I'm sorry yes Gallego yes that says 9-0 now we go to item 46 which is where we accept utility assistance from Wildfire do we have motion move to approve back in comments so this will let us help approximately 80 additional households good news from my perspective roll call justicio Garcia yes yes O'Brien yes pastor yes Stark yes Waring no I'm sorry yes Gallego yes passes seven two item 49 is a request to amend the ordinance to update the contract terms with Joshua Joshua weiner doing business as Focus do we have a motion move to approve second comments roll call decisio Garcia yes yes O'Brien yes pastor yes yes Stark wearing no no I'm sorry yes Gallego yes passes seven two next we go to item 68 which is bus stop and Transit Center cleaning contract do we have a motion move to approve second and do we have questions I do not see any questions so roll call to CCO Garcia yes yes O'Brien yes store yes Stark yes Waring yes I'm sorry yes Gallego yes passes nine zero woohoo we next go to item 69 which is Green transit technology contract vice mayor move to approve item 69. second vice mayor for questions or for comments thank you I actually have no questions today but thank you Mario and Jesus for all of the work that you have done for this this is a very momentous and transitional vote that we are taking today what we are approving is two separate contracts for our very first battery electric hybrid electric and fuel electric cell buses which will bring about cleaner air cleaner water and a bus system and city that we can truly be proud of improving our air quality is essential not only for the health and well-being of our communities but also for the economic and fiscal health of our city this will make us more eligible for federal grant opportunities that we have already been taking advantage of to Everyday medical cost savings for our future residents who will hopefully have less of a struggle with asthma growing up than our current residents do this investment in a clean transit system is a boon for the Phoenix of the future delivering a zero Mission transit system goes hand in hand with delivering a Transit system that is more frequent and more reliable and more attractive transit system as well when we have a truly clean transit system that every resident can be proud of and excited to use will be able to tell that to businesses who want to set up shop here as that is one of the number one things that I think new businesses and companies are looking at is a clean and reliable public transportation system and it'll also help us better attract talent and retain our young people who call Phoenix home so I'm very excited about this it's been a long time in the making and I really really want to thank Mario and Jesus Sapien our public transit director for all of the hard work on on working with so many different partners on rfps and and whatnot I really appreciate your commitment to transitioning our Fleet to be a cleaner so thank you so much very excited thank you vice mayor for your work in this area with 500 heavy duty buses we have the largest Fleet in Arizona and so when we make steps in this area it makes a big difference we have an ambitious strategic plan including converting a third of our Fleet by 2027. and then by 2040 a hundred percent of the heavy duty bus fleet so an exciting movement forward today as we meet right now Nikola has a major announcement in that is related to this item and so wishing them good luck today with their big event additional comments roll call Garcia yes cuardado yes O'Brien yes pastor yes Stark yes Waring yes I'm sorry yes Gallego yes passes 9-0 not one we're good on clean tech as a city council item 72 is to amend the city code to add an article to chapter 2 establishing a vision zero Community advisory committee we'll ask the clerk to read the title and then I'll turn to the vice mayor item 72 is for ordinance number g7069 an ordinance amending chapter 2 of The Phoenix city code to establish a visit Vision zero Community advisory committee move to approve second comments looking forward to supporting this one tomorrow remarks for the one year anniversary from when we took action at the policy session to become part of the vision zero Network and incorporate Vision zero into the goals of the city's comprehensive Road Safety Action Plan it's been a big week for roadway safety we had yesterday at our policy session another unanimous vote related to that topic I want to thank those who have helped us get so far we we celebrated the vision zero committee with a group that included the urban Phoenix project Phoenix Community Alliance South Phoenix concert citizens vitalist the Arizona partnership for healthy communities and Hatcher Urban business and we appreciate all the work they're continuing to do with us incorporating Vision zero into our roadway Safety Action Plan will help us be more competitive for federal funds and to understand and get access to best practices thank you guys for the work so far any additional comments roll call decisio Garcia yes yes O'Brien yes Pastor yes Stark yes Waring yes I'm sorry yes Gallego yes passes nine zero who looking forward to having the committee and I'm pleased to be able to appoint Mr Tom callow former city of Phoenix Street Transportation director to serve as chair we next move to item 100. and I think we'll begin I Believe by hearing from Mr Baker yes hello are you there we can hear you okay I'm sorry I'm in the hospital right now but I definitely want this [Music] uh the issue of uh this is petition okay I'm in support of a of ours I see the position I am support we are here all because the uh it was made the management should go [Music] a b a r c I am one would be the question for me so I want to thank you I would have loved to be there but I can't I am here via voice voice voice voice it was in my revisitation representation right here in the background to the nurse yourself but we want to be equal with all citizen as well as council members so I want to thank you all and again athletes of course on the position thank you mayor we can't hear you thank you so much for your testimony Mr Baker that concludes citizen comment on 100 item 100. any Council comments before we move to General citizen comment all right then that concludes the agendized portion of our meeting and I'll turn to our City attorney to introduce the final portion thank you mayor during citizen comment members of the public May address the city council for up to three minutes on issues of Interest or concern to them the Arizona open meeting law permits the city council to listen to the comments about prohibits council members from discussing or acting on the matters presented the citizen comment session is limited to 30 minutes thank you very much we'll begin with those in Chambers with Andy Diaz Nunez followed by Ann Ender good afternoon um yeah my name's and I Andy Diaz Nunez present this petition um to the Phoenix City Council to ban the use of the City Phoenix Skybox at the footprint Center by the Phoenix City Council Members no thank you thank you I think the clerk has accepted the petition will next go to Ann Ender and then I believe we'll go to Virtual with Nadine Valeria thank you good afternoon mayor Gallego vice mayor Ansari and council members I will start with an apology to the public safety and Justice committee members who've already heard this so um sorry for the redundancy but I want to tell Joe you will all be receiving a copied letter to Matt Murray who is the editor-in-chief to the Wall Street Journal and this letter it will be signed by many of the neighborhood leaders that most of you have worked with and know and it is a letter that will cite the um references of our collaboration with officer Caleb Zimmerman at one time or another officer Zimmerman has represented all of our neighborhoods as our community action officer or Cao we've worked on various events with him such as gains slope Fest he attends most of the neighborhood meetings and block watches gives us updates on the crime reports and the success of the squads and at any at any time he has always been more than professional so what's most Troublesome to me and and I think I can speak for the neighborhood leaders is the knee-jerk reaction based on a report once again from Dave biscoping and a letter from Mr Murray from The Wall Street Journal a letter that was filled with errors um I looked on the Assessor's side and this gentleman Mr Robin was on private property and since when do we open closed investigations based on a media story once again from a reporter who shows a clear bias regarding Phoenix Police Department nonetheless having spent most of my career in the financial services industry I know having worked in some Bank branches that it's never appropriate to loiter out in front of a bank branch so with all due respect to the Wall Street Journal and Mr Robin this is not the professional conduct that this Wall Street Journal reader expects from this prestigious news Outlet so perhaps The Wall Street Journal should spend more more concerned about their policies and lack of professionalism displayed by Mr Robin and at the end of the day what's most concerning and what I'm going to ask for is that we all find a solution and work together to now turn around the morale of the Phoenix Police Department and um Caleb Zimmerman so um I appeal to work with all of you to do that thank you Nadine will be next followed by John Forsythe hello thank you mayor Gallego vice mayor Ansari council members Chief Sullivan and executive Chief Connolly I just wanted to speak on two areas of extreme concern regarding the Phoenix Police Department first just last week I heard about the proposed policy changes to the Phoenix Police Department use of force policy and to me it's extremely concerning that there is literally no public Outreach making these proposed policy changes known and even if someone does happen to randomly hear that public input is being sought on the police use of force policy most of the public will not be able to sort through and understand the document it is it's a very difficult document to navigate as a phoenix native I find it very alarming that something like this can be moving forward without probably 90 percent of the Phoenix population having any clue that it's happening I just ask that moving forward on this that the appropriate Outreach and dissemination is done to get the word out and get input actually submitted um that's the first thing secondly I do just want to express my full support of Officer Zimmerman I've had the pleasure of working with him and many other community leaders for the past few years in Sunny Slope I want to thank him for his service to our community Endeavors there in Sunnyslope and officer Zimmerman has been a CAO in uh Sunny Slope and the surrounding areas for the past few years we've been able to work with him at countless Community meetings community events and answering many many queries from residents and business owners he's always been wonderful to work with and I do just want to say shame on Chase Bank for calling the Phoenix Police Department and then ultimately wasting City of Phoenix resources uh with the huge mess that this one call has caused and continues to cause Chase Bank needs to you know look at their policies on that it's not okay to cause something like this and I just do ask the City of Phoenix to please take a look at what can be done to remedy this situation thank you so much for your time today thank you John will be next followed by Elizabeth Venable mayor council my name is John Forsyth I apologize I'm suffering from some respiratory issues today so I'll keep this short um and I'll be in next week in person I'm the gentleman that called in before Thanksgiving and um unfortunately I do have a little bit of a bad situation I accuse one of your officers of quoting or saying quote he wanted to take off his uniform and kick the out of me end quote I want to give you a little personal background I'm a native Phoenician somehow I matriculate that out of Brophy I went to college triple Major graduated in four years I've never had a felony I've never had a conviction I don't even have a parking ticket but well my voice is failing me I want to read in to the record a couple of things the first one is Arizona revives statutes 28-624 and it's concerning emergency vehicles I'm going to paraphrase this for time concerns but an emergency vehicle may only exceed the speed limit if one of these three conditions exist I'll quote this exactly if an emergency vehicle is driven in response to an emergency call in pursuit of an actual or suspected violator of the law or in response to but not on return from a fire alarm the driver may exercise the Privileges it's amazing to me how specific the Arizona legislature was that they could exceed the speed limit on the way to a fire alarm call but the Arizona legislature expects emergency vehicles to actually abide by the law on the way back from one the other thing I want to read into the record law enforcement is not included in the Constitution the citizens the people specifically the people granted the government on privileges to create law enforcement to create Law and Order I'm going to make this comment there's many people in the Phoenix Police Department that do that that hold the citizens the people accountable but refuse to be held accountable by the people and that's just unacceptable my nefarious activity that I was doing was following and filming one of your officers Behaving Badly in the wild but unfortunately the courts in House Bill 2319 you can look them up have Justified a citizen's right to film the police at a distance this is the last thing I want to say the police demand respect this is my point you can only be respected if you respect the laws of the people I'll see you in a week [Music] Elizabeth is next followed by Michael Mayer hello this is Elizabeth Venable from outside of the city council chambers uh we've been holding leadership meetings for unsheltered individuals and they report that despite um despite a recent ruling uh injunction from Judge snow many of your police officers are still behaving in the same way perhaps not destroying people's property as explicitly but are enforcing the law in very similar ways and the policy and practice that we're also very concerned about um I think that it is interesting uh how uh when we originally started talking about these issues they were almost viewed as being fictional issues um however how the tables have turned um I think that it is very important that you listen to peer input from uh uh constituents of the City of Phoenix when you are looking to comply with judge Snow's ruling um injunction and I think that um it is very important not to just look toward your own uh predilections or biases when it comes towards homes since there are many many barriers which currently face people in the city of Phoenix who are experiencing homelessness and police policy and often shelter policy is often inhumane and is not appropriate for a city of the magnitude of the City of Phoenix um I would just encourage you to go earnestly and openly into talking about how the City of Phoenix can go forth with its Police Department to make significant changes on how it behaves towards the unsheltered community especially in light of the injunction from phone for empowerment for the City of Phoenix thank you thank you um and I I Michael is not registered for a public comment do we have Kim Baker yes ma'am hello this is Kim Baker again they want to say I am in the hospital but I am getting better I I said a news visit to the petition today because I knew it would be here and it is to see if the city manager's office so I can also to considers if the city manager's office Charter by not responding to my I have to give November 14th petition until today till the day today which is the 25th of December I want to see Council to look into this if 15 days it is a requirement then why would my petition go beyond that 50-day scope and that there are some I do have a document that I will be submitting I'm going to go through Theory and get my bound to boundaries and everything back well I'm going to forward a document the the city in the light of uh response City manager's office not being able to find that date and time um the request of Officer chief chief Sullivan Arthur Patrick being related and also sir uh and the gas and no apparent region there is the docket that expresses his name uh officers and degassed so I want those to address and again I did them in a big concert to the material office today or to any number that I had to see if he's so you will find that message forwarded today and again I would like to get the council to support my uh physician that the the the day I did then uh okay thank you mayor and vice mayor and councilman thank you all thank you we wish you a speedy recovery that our final public comment we are adjourned thank you mayor your group has graciously agreed to clean up litter along a specific section of Highway for a period of two years as you begin your efforts please keep in mind that a public Highway can be