Attachment A- Mar. 17, 2021 LUL Minutes.pdf

Phoenix City Council 
Land Use and Livability Subcommittee 
Summary Minutes 
Wednesday, March 17, 2021 
City Council Chambers  
200 West Washington Street 
Phoenix, Arizona 
Subcommittee Members Present 
 Subcommittee Members Absent 
Debra Stark, Chair 
Councilwoman Betty Guardado 
Councilmember Carlos Garcia 
Vice Mayor Thelda Williams 
Call to Order 
Chairwoman Stark called the Land Use and Livability Subcommittee to order at 10:05 
a.m. with Councilmember Garcia, Councilwoman Williams and Vice Mayor Guardado
present via WebEx.
Call to the Public 
City Attorney Cris Meyer stated that during public comment residents were expected to 
be civil and respectful. Any resident using profane language or expressing personal 
attacks or threats could lose their opportunity to speak. 
Vanessa DiCarlo spoke in opposition to the trial budget proposal and expressed 
concerns about funds earmarked for the Police Department. 
Hana Hehman expressed concern about the City Manager, budget, and the Police 
Department.  
Chairwoman Stark reminded the speakers to keep their comments civil. 
Mr. Meyer re-read the public comment rules. 
Patricia Pagliuca expressed concerns about the public comment rules and spoke in 
opposition to the proposed trial budget. She asked about the ability of Councilmembers 
to discuss items on the agenda. 
Chairwoman Stark stated the Councilmembers were unable to discuss items brought up 
during Call to the Public.  
Sushil Rao spoke in opposition to the proposed trial budget and expressed concerns 
about the lack of progress for the Office of Accountability and Transparency. 
Attachment A

Minutes of Meetings 
1. For Approval or Correction, the Minutes of the Land Use and Livability 
Subcommittee meeting on February 17, 2021 
Councilwoman Guardado motioned to approve the minutes of the February 17, 2021 
Land Use and Livability Subcommittee. Vice Mayor Williams seconded the motion. The 
motion passed unanimously, 4-0.  
Consent Action (Items 2-7) 
Items 2-7 were for consent action. No presentations were planned, but staff was 
available to answer questions.  
 
Councilwoman Guardado motioned to approve consent items 2-7. Vice Mayor Williams 
seconded the motion, which passed unanimously, 4-0. 
 
2. Approval of the 2021-2022 Head Start Birth to Five ERSEA Plan 
 
3. Request Approval for the Head Start Birth to Five Program to Purchase Capital 
Equipment over $5,000 
 
4. Award of Federal HOME Funds for Affordable Housing Development Projects 
 
5. National Endowment for the Arts Grants for the Arts Projects 
 
6. Community Development Block Grant Neighborhood Commercial 
Rehabilitation Program Property Owner Sandu Investments, LLC. On behalf of 
Business Tenant Hotel Electric, LLC.  
 
7. Community Development Block Grant Neighborhood Commercial 
Rehabilitation Program Recipient Greektown Family, LLC. Dba Greektown 
Restaurant 
 
Information Only (ITEMS 8 -9) 
8. Head Start Birth to Five Monthly Report – January 2021 
Information only. Councilwoman Guardado asked for clarification on the monthly report. 
Deputy City Manager Inger Erickson introduced Deputy Human Services Director 
Patricia Kirkland. 
 
Councilwoman Guardado asked who qualified to participate in the Head Start Birth to 
Five program. 
 
Ms. Kirkland stated families must meet the federal poverty income eligibility guidelines. 
She noted eligibility exceptions, including children in foster care, children experiencing 
homelessness, and children in families receiving financial assistance. Ms. Kirkland 
stated only 10 percent of families over the income guidelines were eligible to participate.

Councilwoman Guardado asked when applications open and how often a family would 
need to reapply.  
 
Ms. Kirkland highlighted two programs within the Head Start Birth to Five program to 
which families could apply: the Early Head Start, which was offered on a continual 
basis, and preschool, offered to families based on the school calendar. Ms. Kirkland 
stated families could apply at any time by phone or online.  
 
Councilwoman Guardado asked how many children were allowed in the classroom 
during COVID-19. 
 
Ms. Kirkland stated the childcare partnership program and Early Head Start regulations 
only allowed eight children. She noted the preschool rules in the local school districts 
dictated no more than ten children in a session per day with cleaning in between during 
the pandemic. She stated full capacity for preschool ranged between 17 to 20 children 
in a class. 
 
Councilwoman Guardado thanked Ms. Erickson and Ms. Kirkland. 
 
9. National Endowment for the Arts Grants Update 
Information only. No Councilmember requested additional information. 
 
Information and Discussion (Item 10) 
10. Storywalk Project 
City Librarian Rita Hamilton gave an overview of the StoryWalk project and highlighted 
the Maricopa County trails, including the new stop at Cesar Chavez Park. She noted the 
Storywalk at Cesar Chavez was anticipated to be complete prior to March 31, 2021, and 
the stories at the site would be rotated quarterly and offered in English and Spanish, 
with the debut story highlighting the life of Cesar Chavez.  
 
Chairwoman Stark expressed support of the StoryWalk project and thanked staff.  
 
Citizen Petitions (Item 11) 
Deputy City Manager Toni Maccarone gave an overview of the citizen petitions noting 
eight petitions were submitted. She stated only seven would be heard.  
 
Mr. Meyer stated the eighth petition would not be heard because it requested the City 
Council fire the Police Chief and the City Charter prohibits the City Council from 
discussing or providing input on the hiring and firing of any director or employee.  
 
Chairwoman Stark open the floor for public comment. 
 
Will Knight, community organizer and local attorney, stated he filed his petition because 
of police misconduct and requested more stringent regulations and guidelines for 
Police. Mr. Knight asked the City Council to adopt the First Amendment Empowerment

Act to reclaim disciplinary authority over protest related misconduct and to discipline 
officers who retaliated against protestors. Mr. Knight asked that officers be terminated, 
added to the Brady List, and revoked of their officer certifications.  
 
Councilmember Garcia asked if the Subcommittee could ask questions after each 
speaker or wait until public comment was complete. 
 
Chairwoman Stark stated questions could be asked after each petitioner spoke on their 
petition. 
 
Councilmember Garcia asked Mr. Knight to explain why the current rules were 
inadequate. 
 
Mr. Knight stated police retaliation was unprecedented and noted the current standards 
to implement accountability and transparency were insufficient. He stated the current 
review bodies, committees, and City Council fail to do their job. Mr. Knight noted the 
Challenge Coin incident and questioned accountability of violent behavior.  
 
Patricia Pagliuca spoke in support of all seven petitions. She noted concerns about the 
amount of time and effort to ensure the petitions were heard during the Council 
meetings. She requested the City of Phoenix adopt accountability and transparency 
measures for the Phoenix Police. She spoke in opposition to the proposed trial budget 
due to the amount of funds earmarked for the Police Department. 
 
Dr. Angeles Maldonado, CEO of Ybarra Maldonado Law Group, expressed concern 
about systemic racism and violence in the Police Department and asked the City 
Council to disband the Tactical Response Unit (TRU).  
 
Councilmember Garcia asked Dr. Maldonado to explain TRU’s response during the 
protests. 
 
Dr. Maldonado stated the TRU used excessive force with tactical gear on protestors. 
She stated the TRU violated protestor’s First Amendment rights. Dr. Maldonado asked 
the TRU be disbanded.  
 
Councilmember Garcia asked if a representative from the Police Department was 
available for questions.  
 
Ms. Maccarone introduced Executive Assistant Chief Michael Kurtenbach. 
 
Councilmember Garcia asked for an overview and purpose of the TRU. He asked if it 
costed $60 million a year to maintain the TRU.  
 
Executive Assistant Chief Kurtenbach stated he was unsure of where the $60 million 
cost of the TRU was derived but surmised a majority of TRU’s costs were for personnel.

He explained the TRU was comprised of officers assigned to the Downtown Operations 
Unit (DOU) to be primary responders for any events happening in downtown.  
 
Executive Assistant Chief Kurtenbach stated if there are incidents beyond the scope of 
the officers assigned to the DOU, these additional sworn personnel were available to 
assist. He stated the purpose of every officer was to allow people to exercise their First 
Amendment rights peacefully. He added that in the event that criminal behaviors occur, 
officers would intervene to ensure those exercising their first amendment rights were 
able to do so and that property was not destroyed in the process.  
 
Councilmember Garcia asked for background on TRU and what it would look like if the 
TRU was disbanded. 
 
Executive Assistant Chief Kurtenbach stated, to his knowledge, TRU had existed for at 
least 20 years, including during the time SB1070 was signed into law. He noted their 
role was to protect individuals and property. Executive Assistant Chief Kurtenbach 
stated Chief Williams was open to making policy changes as needed and ensuring 
officers were held accountable for their actions.  
 
Councilmember Garcia asked if the Police Department was planning to disband TRU 
considering the challenge coin incident and if the TRU was created in 2010 or created 
as a result of SB1070.  
 
Executive Assistant Chief Kurtenbach stated he could not recall when TRU was created 
but provided the SB1070 as an example of when TRU was deployed.  
 
Councilmember Garcia asked if there had been an assessment of the TRU information 
gathered within the last two years and if there had been conversations of disbanding the 
TRU due to officer misconduct. 
 
Executive Assistant Chief Kurtenbach stated the scale of deployment of the TRU from 
May 29 – 31, 2020 was, to his knowledge, the largest gathering in his tenure. He stated 
the 14 officers in question had been placed under investigation and taken off street 
patrol but had not been suspended until a due process investigation for violations of 
policy was completed.  
 
Executive Assistant Chief Kurtenbach stated outside entities were facilitating the 
ongoing investigations related to the challenge coin to ensure transparency.  
 
Councilmember Garcia stated the petition highlighted different places where TRU had 
been involved during protest arrests. He asked about officer reports either at court 
hearings or grand juries. 
 
Executive Assistant Chief Kurtenbach stated grand jury testimony was sealed but a 
petition had been submitted to have the testimony unsealed to investigate whether an

officer committed perjury. He stated the Police Department was actively seeking 
information from the court to see if officers perjured themselves and that any confirmed 
perjury would be disciplined accordingly.  
 
Councilmember Garcia asked if officers copied and pasted Police Reports or Arrest 
Reports.  
 
Executive Assistant Chief Kurtenbach noted the protests during May 28-31, 2020 were 
unlike anything he had seen in terms of volume of people. He stated officers attempted 
to manage the volume by cutting and pasting information into the Form 4 and probable 
cause statements. Executive Assistant Chief Kurtenbach stated despite cutting and 
pasting items, the corresponding investigative reports were not necessarily false. He 
noted the cut and paste techniques were used to process a large volume of arrestees in 
a short amount of time so they could have their initial appearance before the court.  
 
Executive Assistant Chief Kurtenbach stated during the May protests, there was a group 
of people who were willingly destroying property. He noted the need for a well-trained 
unit to address those who seek to cause harm and break the law. 
 
Councilmember Garcia asked if the intention of TRU was to protect the First 
Amendment rights and noted the importance of continuing this conversation in full City 
Council meeting or in another Subcommittee. 
 
Derek Begay, Navy veteran and community member, asked the City to create a 
reparations fund for protestors who were victim of excessive force and police brutality. 
He asked all personal property from protestors be returned and asked the reparations 
funds to come from the Police Department and not from the General Fund. 
 
Councilmember Garcia asked Mr. Begay to clarify reparations and asked if staff would 
be able to pay reparations. 
 
Mr. Begay stated reparation would indemnify affected individuals. He noted financial 
reparations would be a first step, as some citizens had been evicted, lost their homes, 
lost jobs, and were mentally, physically, and emotionally harmed. 
 
Mr. Meyer stated there was a risk fund that pays out claim against the City. He noted 
the funds in the risk fund could cover claims described by Mr. Begay. Mr. Meyer stated 
additional research would be needed to determine the legality of setting up a new fund. 
He highlighted the process to submit and analyze claims and the potential gift clause 
challenges. 
 
Councilwoman Guardado asked if protestors had received their personal property from 
the May protests.

Executive Assistant Chief Kurtenbach stated all personal property suitable for release 
had been released. He encouraged Councilwoman Guardado to reach out to him to 
determine if there was any outstanding personal property that had not been returned. 
 
Councilwoman Guardado asked if the process for releasing personal property could be 
simplified.  
 
Executive Assistant Chief Kurtenbach explained the booking process and noted the 
items considered evidence have to wait for the court and adjudication process before 
they were suitable for release. He noted opportunities to improve the process had been 
identified.  
 
Councilwoman Guardado requested more information on the personal property 
streamlining process.  
 
Phillis Tyson submitted a petition to have the City of Phoenix create a reparation fund 
for all individuals directly impacted by the Police Department. She stated the police 
were obligated to behave in accordance to the City Code and were not doing so. 
 
Viridana Hernandez submitted a petition requesting the City Council fire City Manager 
Ed Zuercher. She stated the City of Phoenix had not implemented any of the 80 
recommendations from the taskforce on policing, which had resulted in the deaths of 
many people.  
 
Vanessa DiCarlo spoke on behalf of Katie Gipson and asked that personal property to 
be returned to the protestors. She noted the inconvenient times of City Council 
meetings and the laborious process to process to write, submit, and defend citizen 
petitions to hold the Police Department and City staff accountable.   
 
Elizabeth Venable spoke in support of the citizen petitions and noted her experience 
protesting, encounters with law enforcement, and the fear of exercising her First 
Amendment right in Phoenix due to police officer behaviors.  
 
Hana Hehman expressed concern about the Police Department and the TRU notably 
during the summer protests and asked the property of protestors be returned and 
reparation fund be created. 
 
Mr. Meyer reminded the speakers to follow the public comment rules. 
 
Chelsea Hickok spoke in opposition to the Police Department and requested an 
independent investigation be conducted and the TRU disbanded. Ms. Hickok asked 
guidelines to be created that prevent officers from lying under oath and the personal 
property of protestors be returned.

Benjamin Lewis expressed concerns about the police violating guidelines on cameras 
and asked the Officers’ Bill of Rights be dismantled. Mr. Lewis stated people had lost 
their jobs and homes due to police actions. 
 
Anesia Groves spoke in opposition to the Police Department and criticized the 
independent review processes. She noted the physical and emotional effects citizens 
endure from the Police and asked the police be held accountable. 
 
Helen Mendizabal asked the Police Department be held accountable for their actions 
and expressed concerns about how property was valued more than the lives of people. 
 
Dominic Bonelli spoke in support of the seven citizen petitions and asked the Council to 
conduct an independent investigation of the police. He asked the TRU be disbanded 
and the charges on protestors be dropped. 
 
Lola N’sangou spoke in support of the seven citizen petitions and expressed concerns 
about police accountability and Executive Assistant Chief Kurtenbach’s answer 
regarding the sealed grand jury testimony documents. 
 
Kelly Kwok spoke in support of all of the submitted citizen petitions and asked the Police 
Department be held accountable for their actions and asked the City create a reparation 
fund for protestors.  
 
Karen Olson spoke in support of the citizen petitions including the petitions ineligible to 
be heard. 
 
Tina Luna asked the Police Department be held accountable and the funds earmarked 
for police be spent on the community instead. 
 
Jamarr Williams expressed concerns about the Police Department resulting from 
infringements of due process and illegal behavior. 
 
Rebecca Denis spoke in support of the seven citizen petitions and expressed concerns 
about accountability and transparency in the Police Department. She asked the TRU be 
disbanded and a reparation fund be created for all individuals directly impacted by the 
Police Department’s use of excessive force at protests and all personal property be 
returned.  
 
Chairwoman Stark expressed support for Chief Kurtenbach and City Manager Ed 
Zuercher. 
 
Councilmember Garcia asked if Heather Hamel was on the line and able to speak on 
her petition. 
 
Chairwoman Stark stated she was not on the line and did not sign up to speak.

Councilmember Garcia expressed the importance of having conversations related to 
public safety and made a motion that Citizen Petitions attachments B, C, D, and G be 
moved to the full City Council for consideration. Councilwoman Guardado seconded the 
motion. 
 
Councilwoman Guardado asked about the process of placing issues, items, and topics 
on a Subcommittee agenda. 
 
Mr. Meyer stated the Mayor created the Subcommittees and the Chairs were 
responsible for putting items on the agendas. 
 
Councilwoman Guardado asked if Subcommittee members could put items on the 
agenda. 
 
Mr. Meyer stated the Subcommittee Chair was responsible for putting the items on the 
agenda. 
 
Vice Mayor Williams expressed opposition to the motion and reiterated the proper way 
to file a claim against the City was explained and the funds could be accessed by 
anyone who believed they have a claim. 
 
Councilwoman Stark asked if there was a split vote by the Subcommittee if the items 
would move to the full City Council. 
 
Mr. Meyer stated if there was a tie vote, the items would move forward to the full City 
Council. 
 
Chairwoman Stark called for a vote to bring the Citizen Petitions attachments B, C, D, 
and G to the full City Council. The motion passed, 3-1.  
 
Call to the Public  
None. 
Future Agenda Items 
None. 
Adjournment 
Chairwoman Stark adjourned the meeting at 11:51 a.m. 
 
Respectfully submitted, 
Ariel LeBarron