Minutes 10.14.20.pdf

Phoenix City Council 
Public Safety and Justice Subcommittee 
Summary Minutes 
Wednesday, October 14, 2020 
City Council Chambers  
200 West Washington Street 
Phoenix, Arizona 
Subcommittee Members Present                    Subcommittee Members Absent 
Michael Nowakowski, Chair 
Vice Mayor Betty Guardado 
Councilwoman Thelda Williams 
Councilmember Carlos Garcia 
 
Call to Order 
Chairman Nowakowski called the Public Safety and Justice Subcommittee to order at 
8:35 a.m. with Councilmember Garcia, Councilwoman Williams, and Vice Mayor 
Guardado present via WebEx. 
Call to the Public 
Bruce Franks spoke in support of Police Department transparency and accountability. 
 
Paul Davis spoke about challenges obtaining police reports, particularly for U Visas, and 
the need to streamline the process. Chairman Nowakowski asked staff to investigate 
the U Visa process and to report back as a future agenda item.  
 
Chimene Hawes spoke in support of reallocating public safety funding to other city 
services, such as rental and housing assistance, mental health, and trauma services.  
 
Miriam Araya spoke about a personal encounter with police after a protest and her 
support of policies to make the Police Department transparent and accountable. 
Chairman Nowakowski asked staff to follow up with Ms. Araya regarding her incident 
with the Police Department.  
 
1. For Approval or Correction, the Minutes of the Public Safety and Justice 
Subcommittee meeting on May 13, 2020 
Vice Mayor Guardado motioned to approve the minutes of the May 13, 2020 Public 
Safety and Justice Subcommittee. Councilmember Garcia seconded the motion. The 
motion passed unanimously, 4-0.  
Councilwoman Williams motioned to move items 4, 6, and 7 to the November Public 
Safety and Justice Subcommittee. The motion was seconded by Vice Mayor Guardado 
and passed unanimously, 4-0.

Councilmember Garcia stated Item 4 had public comments and requested the public be 
permitted to speak on this item. Chairman Nowakowski allowed registered members of 
the public to speak. 
 
2. Donation from Phoenix Police Foundation 
Item 2 was for consent action. No presentations were planned but staff was available to 
answer questions.  
 
Councilwoman Williams made a motion to approve consent Item 2. Vice Mayor 
Guardado seconded the motion, which passed unanimously, 4-0. 
 
Information and Discussion (ITEMS 3 -7) 
 
3. Federal and State Law on E-Cigarettes (Vaping) 
Acting Chief Assistant City Attorney Julie Kreigh introduced Acting Prosecutor Bob 
Smith and Assistant Chief Gabe Lopez.  
 
Ms. Kreigh presented information on e-cigarette (vaping) federal and local regulations. 
Ms. Kreigh provided an overview of the federal tobacco law known as T21, which 
restricts the sale of tobacco products to any person under the age of 21, including the 
sale of electronic nicotine delivery systems (ENDS) such as e-cigarettes and e-liquids. 
 
Ms. Kriegh discussed the Federal Drug Administration’s (FDA) definition of ENDS. She 
explained the FDA regulates unauthorized sale of ENDS and has recently prioritized 
enforcement against unauthorized flavored e-cigarette products.  
 
Ms. Kriegh discussed the Arizona Revised Statutes (ARS) Section 13-3622 to address 
the illegal sale and use of tobacco products and vapor products and the associated 
offenses and restitutions. She also noted local ordinances put in place prior to the 
federal law in 2020, which prohibited retailers from selling tobacco products to anyone 
under the age of 21. 
 
Ms. Kriegh stated the federal, state, and city regulations did not prohibit use of ENDS or 
vapor products by adults over the age of 21. She noted current federal and state laws 
allow schools to draft and enforce policies for student use or possession of ENDS and 
vapor products.  
 
Councilwoman Williams asked for the definition of a petty offence. Mr. Smith defined a 
petty offense as punishable by fine only, with no jail or probation. 
 
Councilwoman Williams asked for clarification on who sets the amount of the fine. Mr. 
Smith explained the state legislature sets the fine amount, which is currently set at 
either $100 or $500. Mr. Smith added it was under the discretion of the presiding judge 
whether to issue an additional fine.

Councilwoman Williams asked for further clarification on how an offender would get 
before a judge and why a citation would be issued. Mr. Smith explained a minor would 
go before a juvenile judge and be adjudicated within the juvenile system and there 
would be financial punishment. Mr. Smith explained a criminal citation would be issued 
if an adult sold prohibited items to a juvenile.  
 
Chairman Nowakowski chair opened the floor for public comment.  
 
Jordan Rose spoke in support of ending the sale of tobacco and tobacco products 
targeted at youth and advocated the City Attorney and staff look at enforcement 
mechanisms.  
 
Claudia Rodas spoke on behalf of Tobacco Free Kids and offered to help study the 
available options to end the sale of tobacco and tobacco products targeted at youth. 
 
Amanda Wheeler spoke on behalf of the Arizona Smoke Free Business Alliance and the 
American Vapor Manufacturers Association and asked community and stakeholders be 
involved in the development of future policies.  
 
Samantha Filmore spoke on behalf of the Heartland Institute and expressed opposition 
to flavored tobacco bans. 
 
Thomas Briant spoke on behalf of the National Association of Tobacco Outlets and 
asked the community and stakeholders be involved in development of future policies.   
 
Bob Roberts expressed opposition for flavored tobacco bans. 
 
Bart Gerber expressed opposition for flavored tobacco bans for cigars.  
 
Kimberly Kaplinski shared concerns regarding an increase in taxes for flavored tobacco 
products.   
 
George Johnson asked for hookah and hookah products to be exempt from the plan 
and for more enforcement and fines for electronic nicotine delivery systems (ENDS).  
 
Ben Grant asked for hookah and hookah products to be exempt from the proposed ban 
and for more enforcement of current laws.   
 
Sammy Alloush asked for hookah and hookah products to be exempt from the proposed 
ban and for more enforcement and penalties of current laws.   
 
Rima Khoury spoke on behalf of the National Hookah Association and asked for hookah 
and hookah related products to be exempt from the proposed ban.

Niamh Donoghue asked for hookah and hookah products to be exempt from the 
proposed ban. 
 
Gabriel Sandoval asked for hookah and hookah products to be exempt from the 
proposed ban.  
 
John Dixon expressed opposition to bans and supported treatment and education 
instead of bans.  
 
Nicole Olmstead, governmental relations regional lead for the American Heart 
Association, asked the City Attorney to research options to address the sale of flavored 
tobacco.  
 
Nathan Kohler shared concerns on the effects of a flavored tobacco ban on sales at gas 
stations and smoke shops.  
 
Will Humble asked staff to use data and develop options to create tobacco related 
policies.   
 
Rani Sweis expressed opposition to combining all categories of tobacco products and 
asked the City to conduct research before moving forward with a policy.  
 
Stephanie Siete, representing Community Bridges Inc., spoke in support of a flavored 
tobacco ban.  
 
Dorian Fuhrman, representing Parents Against Vaping E-cigarettes, spoke in support of 
creating a comprehensive ordinance to address the sale and ban of flavored tobacco 
products. 
 
Mark Barnes, representing the Preventing Tobacco Addiction Foundation, spoke in 
support of establishing a retail tobacco license in the City of Phoenix and a ban of 
flavored tobacco products.  
 
Dr. Jesse Welsh, Superintendent of Paradise Valley Unified School District, spoke in 
support of a flavored tobacco ban.   
 
Philip Carpenter, Executive Director of Arizonans Concerned about Smoking, asked the 
City Attorney to research all options to create a comprehensive ordinance to address 
the sale of tobacco.  
 
Kerrin Kleinschmidt, Vice President of Heath for the American Heart Association, asked 
the City Attorney to research the options to create an ordinance regarding the sale of 
tobacco products.

Elizabeth Walton, Executive Director of American Lung Association, spoke in support of 
ending the sale of all flavored tobacco products and asked the City Attorney to research 
the options to create an ordinance to address the sale of tobacco products. 
 
Gio Galarza expressed concern the ban would encourage incarceration of vulnerable 
members of society.  
 
Desiree Valencia expressed concerns about a ban pushing the sale of tobacco products 
outside the City of Phoenix.  
 
Kaylee Piper asked hookah and hookah products be exempt from the proposed ban.  
 
Jorge Valadez expressed support in banning the sale of flavored tobacco products.  
 
Geoff Habicht spoke in opposition to a flavored tobacco ban and requested community 
and businesses be involved in development of future policies.  
 
Alexa Wohrman, community advocacy advisor for the American Heart Association, 
spoke in support of ending the sale of flavored tobacco products and asked the City 
Attorney to research the options to create an ordinance to address the sale of tobacco 
products. 
 
Whitney Anglin read a testimony on behalf of Monica Baez and spoke in support of a 
flavored tobacco ban.   
 
Anthony Mustacchio spoke in support of ending the sale of flavored tobacco products 
and asked the City Attorney to research the options to create an ordinance to address 
the sale of tobacco products. 
 
Nolan Spence spoke in support of other modes of enforcement, such as moving 
tobacco to the back of stores, creating a third-party verification at point of sale, providing 
tools for local law enforcement, and educating on tobacco and tobacco related products 
instead of a ban. Mr. Spence asked hookah and hookah products be exempt from the 
proposed ban.  
 
Emily Mueller spoke support of a ban on the sale of flavored tobacco products.  
 
Dr. Bob England spoke in support of exploring policies related to flavored tobacco 
products on a local level.  
 
Brian Hummell, Arizona Director of Government Relations for the American Cancer 
Society, spoke in support of ending the sale of flavored tobacco products and asked the 
City Attorney to research the options to create an ordinance to address the sale of 
tobacco products.

Devin Del Palacio, Director of Community Relations for Big Brothers Big Sisters of 
Central Arizona, spoke in support of ending the sale of flavored tobacco products and 
asked the City Attorney to research options to create an ordinance.  
 
Harold Mackey, chairperson for Enrich the Quality of African American Lives Coalition, 
asked for community and stakeholder engagement to develop prevention strategies for 
substance issues.  
 
Chris Olson spoke in support of the underage ban but in opposition to banning the sale 
of flavored tobacco products.    
 
Steve Watson, Superintendent of Maricopa County Schools, spoke in support of the ban 
of flavored tobacco products. 
 
Mark Miller expressed support of working with the City of Phoenix to develop a plan of 
action for flavored tobacco products.  
 
Ozzy Oz spoke in favor of a ban which removes all tobacco and nicotine products from 
store shelves. 
 
Paul Ulan read two letters in support of banning the sale of flavored tobacco products.  
 
Neill Franklin, Executive Director of Law Enforcement Action Partnership, spoke in 
opposition of a flavored tobacco ban and spoke in support of educating, treating, and 
supporting smoking cessation programs.  
 
Gustavo Torrez spoke in support of ending the sale of flavored tobacco products and 
asked the City Attorney to research options to create an ordinance. 
 
Lawrence Robinson spoke on behalf of the Roosevelt School District Governing Board, 
the NACCP, and Black Mother’s Forum in support of continued research and 
conversation to create a comprehensive ordinance to address the sale of tobacco 
products in Phoenix.  
 
Barbara Burkholder, board member of Arizona Asthma Coalition, spoke in support of 
the proposed ordinance to end the sale of flavored tobacco products.  
 
Patty Beckman, Vice President of Scottsdale Unified Governing Board, expressed 
support for an ordinance to address flavored tobacco products.  
 
Eric Hofmann asked hookah and hookah products be exempt from the proposed ban 
and to consider banning electronic nicotine delivery systems (ENDS).  
 
Kristopher Ortega asked for community and stakeholder engagement and caution prior 
to implementing policies.

Assistant City Manager Milton Dohoney, Jr. stated over 300 written comments were 
received. Additionally, Mr. Dohoney stated a citizen’s petition organized by more than 
30 different community organizations was received with thousands of signatures stating, 
“I support the enactment of an ordinance by the City Council to prohibit the sale of 
flavored tobacco products”. 
 
Chairman Nowakowksi explained the purpose of the presentation given by the Law 
Department was to gain an understanding of federal and state laws on e-cigarettes and 
vaping and how the community and youth are being impacted. Chairman Nowakowski 
requested staff investigate what the City can do to prevent young people from vaping 
and using e-cigarettes.  
 
Chairman Nowakowski asked staff to arrange community meetings to gather feedback 
from industry, individuals who vape, and to determine how to support tobacco free 
youth.  
 
Councilwoman Williams discussed underage usage and addiction and expressed 
support for a statewide ordinance to address these issues. She also asked for more 
information on what other Arizona cities are doing for enforcement. 
 
Chairman Nowakowski asked staff to research strategies to prevent young people from 
vaping and using e-cigarettes.  
 
Assistant City Manager Milton Dohoney, Jr. indicated staff would conduct additional 
research, engage discussions with members of the industry, and assess state and 
national best practices. He stated the findings would be brought back to the 
Subcommittee in the future.  
 
Chairman Nowakowski asked staff to look at data from Tobacco Free Kids.  
 
4. Police Use of Force Policy Changes  
 
Chairman Nowakowksi continued item 4 to the November Public Safety and Justice 
Subcommittee. Chairman Nowakowski allowed registered members of the public to 
speak. 
 
Councilperson Garcia requested an update on the U Visa process and the protests. 
 
Will Knight shared concerns regarding Police Department actions. 
 
Marcus Reid shared concerns regarding Police Department actions. 
 
Maisal Goe shared concerns regarding the Use of Force policy.

Jisoo Kim shared concerns regarding the Use of Force policy.  
 
5. Street Racing Update 
 
Lieutenant Jesse Abernathy introduced Commander Brian Freudenthal of the Maryvale 
Estrella Mountain Precinct gave an update of street racing over the last seven months.   
 
Lieutenant Abernathy presented on drag racing in Phoenix since May 2019 and Police 
Department collaboration with the community and business owners to set up signs for 
trespassing in parking lots.  Lieutenant Abernathy discussed the creation of the drag 
racing taskforce. Lieutenant Abernathy identified drag racing hot spot locations used for 
racing on Sunday nights and stated approximately five 911 calls were generated per 
location on average each week.  
 
He noted related issues from street racing, including flash mobs, residential and 
warehouse takeovers, and additional criminal activity.  
 
Lieutenant Abernathy then discussed enforcement against street and drag racing, 
including data on contacts made, citations issued, and total charges made. 
 
Lieutenant Abernathy introduced Government Relations Director Frank McCune. Mr. 
McCune highlighted previous legislation related to drag racing, SB 1659. Mr. McCune 
stated he would add information about drag racing to the 2021 legislative agenda with 
direction from the subcommittee. 
 
Chairman Nowakowski asked Mr. McCune if a bill could be sponsored related to street 
racing. Mr. McCune stated Government Relations was waiting until after the November 
election to sponsor a bill. 
 
Chairman Nowakowski asked Lieutenant Abernathy about enforcement in Laveen, 
Estrella, and Maryvale. Lieutenant Abernathy stated the taskforce deployed 30 – 40 
officers every Sunday night. Additionally, the taskforce followed social media related to 
street racing.  
 
Councilwoman Williams expressed support for sponsoring legislation against street 
racing.  
 
Councilmember Garcia stated his concern for people involved in street racing and the 
need to be careful of how the problem was being handled, especially during the 
pandemic. Councilmember Garcia advocated for education strategies in addition to 
enforcement.  
 
Chairman Nowakowski asked about community education efforts against street racing.

Lieutenant Abernathy stated billboards were placed along the 1-10 and 101 freeways 
for 6-8 weeks and that social media outreach was ongoing. Lieutenant Abernathy stated 
of the 5,000 officer contacts made, only 2,500 people were cited, with additional efforts 
to educate the community about the effects of street racing 
 
Chairman Nowakowski asked staff to continue education outreach. Chairman 
Nowakowski asked the Law Department to provide an update on what the City of 
Phoenix can legally do regarding street racing. 
 
6. Phoenix Police Department Behavioral Health Response Approaches 
Chairman Nowakowksi continued item 6 to the November Public Safety and Justice 
Subcommittee. Chairman Nowakowski allowed registered members of the public to 
speak. 
 
Ash Uss spoke in support of mandatory emergency medical technician training for all 
Phoenix Police officers. 
 
7. 2019 Staffing for Adequate Fire and Emergency Response (SAFER) Grant 
Application Award 
Chairman Nowakowksi continued item 7 to the November Public Safety and Justice 
Subcommittee 
  
8. Proposed Future Fire Station 62 at 93rd Avenue and Lower Buckeye Road 
Councilwoman Williams motioned to move item 8 to consent. Vice Mayor Guardado 
seconded the motion, which passed unanimously, 4-0.  
 
Councilwoman Williams motioned to approve item 8 as a consent item. Vice Mayor 
Guardado seconded the motion, which passed unanimously, 4-0.  
 
Call to the Public  
None. 
Future Agenda Items 
Councilmember Garcia requested an update on the U Visa process and the protests. 
Adjournment 
Chairman Nowakowski adjourned the meeting at 11:42 a.m. 
 
Respectfully submitted, 
Ariel LeBarron