TABLE OF CONTENTS

TABLE OF CONTENTS

FOR CITY COUNCIL PACKET

SEPTEMBER 29, 2009

The October 6, 2009 Policy Session has been Cancelled

 

 

GENERAL INFORMATION

Ÿ

 

Liquor License Applications Received for the Period of September 16, 2009 through September 22, 2009

 

Ÿ

 

Police Department Recommendation for Four Liquor License Items on the September 30, 2009 Formal Agenda

 

 

RESPONSES TO REQUESTS FROM COUNCIL/CITIZENS

The following information report(s) responds to requests from citizens at the Citizen's Request Sessions:

Ms. Hilda Hernandez

Ÿ

Ms. Hernandez would like to know who she can contact in the City with regard to graffiti and neighborhood clean up.  She also expressed concerns regarding the litter and transient traffic around the bus stop areas at 15th Avenue and West Fillmore Street. 

 

Staff from the City Manager’s Office and Councilmember Nowakowski met with Ms. Hernandez immediately following the meeting regarding her concerns

 

Ms. Dianne Barker

Ÿ

Ms. Barker asked the Council to review its current Open Meeting Law policies to allow for more flexibility in communication between the Council and the public.  Ms. Barker requested that the City of Phoenix look to other governmental organizations, such as the Maricopa Association of Governments, for revising its Open Meeting Law policy.

 

Packet Date:  September 25, 2009

 


 

CITY COUNCIL REPORT

GENERAL INFORMATION

TO:

Lisa Takata

Executive Assistant to the City Manager

PACKET DATE:

September 24, 2009

FROM:

Mario Paniagua

City Clerk

 

 

 

 

SUBJECT:

LIQUOR LICENSE APPLICATIONS RECEIVED FOR THE PERIOD OF SEPTEMBER 16, 2009 THROUGH SEPTEMBER 22, 2009

 

 

This report provides advance notice of liquor license applications that were received by the City Clerk during the period of Wednesday, September 16, 2009 through Tuesday, September 22, 2009.

 

INFORMATION

The liquor license application process includes the posting of a public notice of the application at the proposed location for twenty days and the distribution of an application copy or a copy of this report to the following departments for their review: Finance, Planning, Police, Fire, Street Transportation, Development Services, and the Maricopa County Health Department.  Additionally, License Services mails a notice to all registered neighborhood organizations within a one-mile radius of each proposed business location (excluding Special Events).

 

Additional information on the items listed below is generally not available until the twenty-day posting/review period has expired.

 

LIQUOR LICENSE APPLICATIONS

 

Application Type Legend

O-

Ownership

L-

Location

N-

New

OL-

Ownership & Location

AOC-

Acquisition of Control

SE-

Special Event

 

Liquor License Series Definitions

 

1     In State Producer

*

7     On sale-beer & wine

 

11  Hotel/Motel-all liquor on premises

 

3     Microbrewery

 

8     Conveyance license-sale of all liquor on board planes & trains

 

12  Restaurant-all liquor on premises

4     Wholesaler

 

5     Government

 

9     Off sale-all liquor

 

14  Clubs-all liquor on premises

*

6     On sale-all liquor

 

10  Off sale-beer & wine

 

15  Special Event

 

 

*

On-sale retailer means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises and in individual portions for consumption on the premises.

 

Dist

 

App.

Type

 

Agent/Owner Name

Business Name/Address

Phone

 

Lic.

Type

 

Protest

Period

Ends

 

Within

2,000 Feet

of Light Rail

 

Proposed

Agenda

Date

1

 

N

 

Vanna Nguyen

Juice House Boba

10410 North 35th Avenue, #112

714-391-9113

 

12

 

10/16/09

 

No

 

11/4/09

2

 

N

 

Andrea Lewkowitz, Agent

Sagewood

4555 East Mayo Blvd.

480-948-1398

 

12

 

10/12/09

 

No

 

11/4/09

2

 

SE

 

Lyndsey Miholich

Southwest Autism Research and Resource Center  (10/9/09)

15205 North Kierland Blvd.

480-220-4548

 

15

 

N/A

 

N/A

 

*10/9/09

4

 

SE

 

Donna Schafer

Xavier College Preparatory Roman Catholic High School (11/14/09)

4710 North 5th Street

480-329-2775

 

15

 

N/A

 

N/A

 

11/4/09

6

 

SE

 

Jennifer Jackson

Rock Me Arizona, Inc.

(9/25/09)

5195 East Camelback Road

602-400-6150

 

15

 

N/A

 

N/A

 

*9/25/09

6

 

SE

 

Suzanne Sabbagh

St. Joseph Maronite Catholic Church (11/6-11/08/09)

5406 East Virginia Avenue

602-614-5011

 

15

 

N/A

 

N/A

 

10/21/09

6

 

SE

 

Gary Regula

Parish of St. Benedict

(11/13-11/15/09)

16223 South 48th Street

480-961-1610

 

15

 

N/A

 

N/A

 

10/21/09

*Event Date – Application not received in time for Council review.

 

For further information regarding any of the above applications, please contact the City Clerk Department, License Services Section, at 602-262-6018.

 

RECOMMENDATION

This report is provided for information only.  No Council action is necessary.

 


 

CITY COUNCIL REPORT

GENERAL INFORMATION

TO:

Lisa Takata

Executive Assistant to the City Manager

PACKET DATE:

September 24, 2009

FROM:

Mario Paniagua

City Clerk

 

 

 

 

SUBJECT:

POLICE DEPARTMENT RECOMMENDATIONS FOR FOUR LIQUOR LICENSE ITEMS ON THE SEPTEMBER 30, 2009 FORMAL AGENDA

 

 

The attached memorandum supplements the Request for Council Action report for four liquor license items on the September 30th Formal Council Agenda.  This memorandum provides the Council with additional information regarding Police Department disapproval recommendations for the following items:

 

New Items

 

·        District 4, La Tasa de Oro Bistro

 

·        District 5, El Chinchorro

 

Old Items

 

·        District 2, The Gym Grill & Bar  (continued from September 16th)

 

·        District 4, Circle K Store #3399 (continued from August 26th)

 

 

For further information regarding these items, please contact the City Clerk Department, License Services Section at 602-262-7003.


 

Police Department Liquor License Investigative Summary

 

Application Information

 

Business Name

LA TAZA DE ORO BISTRO

 

District

4

Business Location

3602 N. 24th St.

 

 

 

Applicant Name

Brandon Julio Russell

 

Series

10

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

The Police Department recommends disapproval of this liquor license application for the following reasons:

 

                    The applicant has the following criminal background:

                  The Applicant Brandon J. Russell completed the state application and listed that he was arrested on June 24, 2007.  The applicant failed to list on the response that it was for drug charge and also failed to list other arrests as follows:

 

1.   Violation date:           06-24-2007

      Violation statutes      1 count:  13-3405A1 (F) Marijuana-Possess/Use

                                          1 count:  13-3102A8 (F) Possess/use Weapon in Drug Off

                                          1 count:  28-3472A (M) Drive W/Lic Susp/Revoke/Canc

 

2.   Violation date:           12-03-2007

      Violation statutes      1 count:  13-3405A1 (F) Marijuana-Possess/Use

 

3.   Violation date:           07-05-2008

      Violation statutes      1 count:   S.C.C. 19-9C (M) Deposit hand bill on vehicles

 

4.   Violation date:           04-08-2009

      Violation statutes      1 count    13-3405A1 (F) Marijuana-Possess/Use

                                          1 count    13-3415A (F) Drug Paraphernalia-Possess/Use

                                          1 count    28-701.02.A2 (M) Exceed Limit by 20/45

 

5.   Violation date:           04-29-2009

      Violation statutes      1 count    13-3904A (M) Violation of promise to appear

 

                    The applicant is not qualified to hold a liquor license due to:

                  The applicant Brandon J. Russell did not list any prior work history as either an owner or manager of a business licensed for liquor sales. Mr. Russell listed that from October 2005 to current he has worked for Progressive Insurance as a Representative.   He also listed that he worked at MSA Collections but instead of providing the dates as directed by the application he stated that he could not remember when he worked there, even though it would have been within the past five years.

           During an interview conducted on August 31, 2009, Mr. Russell was asked if he had any experience.  He said that he did work at Wendy’s for a short period in time. He was then asked if he was a manager or if they sold liquor.  He stated that he was not and that they did not sell liquor there.

 

                    The applicant has failed to make a full financial disclosure:

                  On August 8, 2009, during a meeting with Mr. Russell, his mother Brandy Russell decided to sit in on the interview.  When addressing Mr. Russell with questions about the business, his mother started answering the questions regarding financial disclosure.  Although the questions were directed to Mr. Russell his mother Ms. Russell advised Det. Wilson that she knew more about all of that and that she could answer the questions.  Ms. Russell was told that she was not the applicant and that Mr. Russell needed to respond with this information and once again she advised Det. Wilson that he would need to speak to her because she knew more about the business than her son.   After going over all the documentation Ms. Russell asked what their chances were and was advised that the police department would be submitting a denial based on criminal history and other circumstances.  At that time Det. Wilson was asked to leave the establishment.  Prior to his departure Det. Wilson asked for copies and was advised by Ms. Russell that she would not give them to him.  Mr. Russell also refused to provide the documents.

 

On September 2, 2009 Det. Wilson placed a call to Mr. Russell leaving a message requesting copies of all financial disclosure.  To date, the documents have not been received.

                    Additional reasons for disapproval include:

                     On August 19, 2009 Det. Wilson went to the establishment at 3602 N. 24th Street to attempt to speak with Mr. Russell.  Det. Wilson made contact with a subject named Cesar who advised Det. Wilson that Brandon was not there and that he was watching the place and was temporally in charge.  Det. Wilson identified himself to Cesar told him the purpose of his visit and provided him with a business card to give to Mr. Russell.  This is so Mr. Russell could call to schedule a time to review his application.  Cesar told Det. Wilson that he could get Brandon on the phone and to hold on.  Cesar, who was later identified as Mr. Russell’s uncle, came over and handed Det. Wilson the phone and told Det. Wilson that Brandy wanted to talk to him.

                     Det. Wilson took the phone and identified himself as a Phoenix Police Detective and Ms. Russell started talking to him about the business.  Det. Wilson quickly looked at the file to see if there was a Brandy Russell on the application and did not see one.  He stopped the conversation and asked who he was speaking to.  She identified herself as Brandon’s mother and she told him that she could answer any questions for him.  He told her that he could not speak to her and that he could only talk to the applicant who is applying for the liquor license.  Ms. Russell told Det. Wilson that he could speak to her and that she knew more about the business than her son did and that she was running the business for her son.  Ms. Russell was asked if she had any interest in the establishment and she said she did not.  She then made a statement that she was going to run the business because her son Brandon is a 26-year-old man, who has a mind-set of a 17-year old and that she has to keep on him for things he needs to do for the business.

During the interview on August 31, 2009 it should be noted that Mr. Russell’s mother Brandy Russell did most of the talking during the interview and the applicant himself barely said anything until it came time to talk about his criminal history.   During the entire conversation about ownership or how the business is going to be run or who will pay the bills Ms. Russell kept referring to “I” as if she is running the business and that her son is only on as owner of the business and on the Liquor License.  During the conversation she did tell me that she did not know if they were going to keep the business due to the fact that the Health Department told them they had to put over $8,000 in repairs. Ms. Russell told Det. Wilson that they may not proceed with this application at this time.

           

  • The Police Department shares the following concerns of the area's neighborhood associations:

The Loma Linda Neighborhood Association is in opposition with this location possessing a liquor license. In speaking with members of the association, they expressed concerns identical to those of the Police Department as to the detrimental effects alcohol service will have on their community.  The Neighborhood Association stated that it feels that adding another establishment that sells alcohol is not required to meet the public needs or be a public convenience nor would it be in the best interest of the community.

 

This recommendation for disapproval is submitted by: Det. Chris Wilson #6945

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 


 

Police Department Liquor License Disapproval Recommendation

 

Application Information

 

Business Name

EL CHINCHORRO

 

District

5

Business Location

3527 W. Bethany Home Road

 

 

 

Applicant Name

Analuisa Berber

 

Series Type

12

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

The Police Department recommends disapproval of this liquor license application for the following reasons:

 

         There are possible hidden ownership concerns:

 

On the City of Phoenix questionnaire, question 9 reads, “How much was paid for the business?”  The applicant, Analuisa Berber, answered, “$10,000.00”. She related her source of income was personal savings and a gift.  Documents submitted by the applicant, Ms. Berber, consisted of a Bank of America statement for a business economy checking account from July 20, 2009, to July 31, 2009.  The deposits/credits on the statement totaled $1,800.00.  This amount only represents 10.8% of the $10,000.00.

 

       When asked during an interview about the “gift”, Ms. Berber produced a handwritten document in Spanish from Marialuisa Benton, her mother, indicating she made a contribution of $5,000.00 for Ms. Berber’s business, El Chinchorro.  When asked, Ms. Berber disclosed that Ms. Benton ran the applicant’s restaurant, Zamora’s in California, which had a liquor license.  The applicant stated she came back and forth to Arizona for employment, leaving her mother to run the restaurant for her.  During a community meeting with members of the Seville Neighborhood Association on September 3, 2009, the applicant confirmed to attendees that Ms. Benton helped her run her business in California.

 

       The information was validated by Phoenix Police report #2007-71474314, written on July 29, 2007, listing the applicant, Analuisa Berber as the victim of a Commercial Burglary of a business she claimed ownership of, known as the Red & White Car Wash.  Additionally, on June 15, 2006, she filed another police report for Theft where she was listed as the reporting person on report #2006-61131934, while employed at Mortgage Pro U.S.A.  These reports listed her home address as 11725 W. Lincoln Street in Avondale, AZ, the same as she disclosed on her liquor license application.

 

       There are questions about the true ownership of this restaurant.  Due to the fact Ms. Benton gave her daughter $5,000.00, which represents 50% of the startup costs, and Ms. Benton previously ran the applicant’s restaurant in California, it appears as though she has a greater stake in the business than the applicant is indicating on the application.  On the state application, Ms. Benton is listed as a “cook”.  Ms. Berber indicated to detectives that her mother would assist with the business operation and would be her advisor.

 

       It was discovered Ms. Benton was arrested in 1991 for a Drug Enforcement Agency case against her for violations of Federal Controlled Substance laws. Also, in 1992, she was arrested for Conspiracy with Intent to Distribute Cocaine and Conspiracy to Distribute a Controlled Substance.  Ms. Benton was sentenced to 135 months (11 years) in prison for these events and in 2001, was released under supervised probation.  With the prior drug convictions, Ms. Benton may have been deemed incapable and unreliable to obtain a liquor license at this establishment if she was listed as part-owner on the application.

 

       Since Ms. Berber resided in Arizona and left her mother, Ms. Benton to run the restaurant in California, there are questions about the applicant’s ability to be an active owner of El Chinchorro.

 

         Additional reasons for disapproval include:

 

On question 19 of the state application it asks, “Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director or manager of any other liquor license in this or any other state?”  The applicant answered “No.”  When asked about question 19 during an interview, Ms. Berber related she owned Zamora Restaurant in Sanger, California.  She claimed to have owned it for several years.  She produced a handwritten document in Spanish, which when translated said she transferred ownership of her restaurant to Alberto Quintero for $7,000.00 and that he has immediate authorization to operate under this license.

     

       Upon further investigation into the Zamora Restaurant in Sanger, California, it was discovered that liquor license #424007 was issued to Analuisa Berber on April 11, 2005.  This license was transferred on May 7, 2009, to license number 478456.  Further inquiry was done regarding this license and revealed the license for the Zamora Restaurant was withdrawn on May 27, 2009, by Mary Luisa Quintero based on alien verification issues.  At the time, the name of the business had been changed to “The Mirror Room”.

 

       Additionally, Ms. Berber listed her employment from “4/05 to Current” at Zamora Restaurant in Sanger, California.  This is inconsistent due to the 2006 and 2007 Phoenix Police reports listing Ms. Berber’s employment at Mortgage Pro U.S.A. LLC, and owner of the Red & Blue Car Wash. In a community meeting, Ms. Berber stated she was currently employed at Mortgage Pro U.S.A. in Phoenix, AZ.

        

         The Police Department shares the following concerns of the area's neighborhood associations:

 

The Sevilla Neighborhood Association, Montebello Block Watch group, and Alhambra Neighborhood Association have filed protests with the AZ Department of Liquor Licenses and Control for reasons of inconsistencies in the application and questions of ownership.  Members of these groups have expressed their concerns and will present them before the Phoenix City Council and the State Liquor Board. 

 

For all of the above mentioned reasons, the applicant has failed to demonstrate the capability, qualifications and reliability required of a liquor licensee in the State of Arizona.

      

This recommendation for disapproval is submitted by: Det. O. Cortez # 5263

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 


 

Police Department Liquor License Investigative Summary

 

Application Information

 

Business Name

THE GYM GRILL & BAR

 

District

2

Business Location

3202 E. Greenway Rd. Suite 1269

 

 

 

Applicant Name

Lilly Ann Pelletier

 

Series

12

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

          There are possible hidden ownership concerns:

 

During an interview on August 26, 2009, with Ms. Pelletier, she could not answer questions about where she obtained financing for the business.  She referred to her fiancé, Lyle Craig, who she said could answer all these questions.

 

Mr. Lyle Craig, who lists the same address as Ms. Pelletier, has a 2005 felony conviction for drug trafficking and is on supervised parole.

 

Ms. Pelletier told Detective Santa Cruz that she is the sole owner of this business and her partners in The Gym Grill & Bar on West Camelback have no interest in this location. 

 

There was no food menu at the business.  The menu submitted with the application clearly has the address for Gym Grill & Bar located at 9611 W. Camelback Rd.  The phone number for this location is the same as the Camelback location. 

 

          The applicant has failed to make a full financial disclosure:

 

The applicant shows zero indebtedness for the business.  She admits that she does owe the seller, Mr. David Weaver, at least $100,000.00.  Ms. Pelletier could not answer how this debt would be paid.

 

Ms. Pelletier had workmen in the business doing remodeling and when questioned as to who was paying them she first said, “I don’t know” and later said that the previous owner was.  She later changed her answer again and said that she was paying them but could not say how this payment would be made. 

 

Ms. Pelletier advised that she was basically given the business with no money down by the previous owner as he was losing money.

 

When asked if she knew what the operating expenses were for the business or how much the business was losing she said, “I don’t know” and admitted she had not looked at any records for the business.  Ms. Pelletier said that she and Mr. Weaver were good friends and that is why she was able to obtain the business with no money.

 

Det. Santa Cruz called the seller, Mr. David Weaver and asked him who he sold his business to.  Mr. Weaver said, “L A Investment”.  When asked who L A Investment is, Mr. Weaver paused to think and then said, “I think her name is Lilly”.

 

Ms. Pelletier left the interview to call her fiancé saying, “I don’t want to give any wrong answers” to the questions being asked of her.

 

Ms. Pelletier also made a phone call to her attorney and returned to the interview and explained that the business contract has U.C.C. to make payments to the seller.  Ms. Pelletier did not know what this referred to.

 

          Additional reasons for disapproval include:

 

This application is for a Series 12 Restaurant license but the business is primarily advertising alcohol and appears to be a bar.  Outside next to the business name is a large banner advertising Corona Beer for $2.50.  Above the public notice about the license application is a sign which says, “We are Serving Alcohol” and next to the entry door is a sign advertising, “$2.50 Corona and $1.50 Gym Sweat all day every day”.  It was learned that “Gym Sweat” is the nickname for Coors beer.

 

Ms. Pelletier had no answers for questions about the financing or the operating costs of her business.  She made it clear that she had to speak with her fiancé Mr. Lyle Craig to get the answers as she did not want to give any wrong answers.  She also had to speak with her attorney to discover what type of business transaction she had completed to purchase the business.

           

Ms. Pelletier does not have the experience necessary and lacks capability, qualifications and reliability to operate this business with a liquor license.  She is presenting this business as a bar and not a restaurant as indicated on her license application.

             

This recommendation for disapproval is submitted by: Det. Larry Santa Cruz #3867

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 


 

Police Department Liquor License Investigation Summary

 

Application Information

 

Business Name

CIRCLE K STORE #3399

 

District

4

Business Location

1122 E. Indian School Road

 

 

 

Applicant Name

KIM Kwiatkowski

 

Series Type

9

Text Box: LIQUOR LICENSE INVESTIGATION SUMMARY

The Police Department recommends disapproval of this liquor license application for the following reasons:

 

                    This area is already saturated with liquor licenses as evidenced by:

 

The public convenience and the best interest of the community would not be served by the issuance of this license due to the fact that there are currently six establishments within a four block radius that either serve or sell liquor to the public.  This is under a half mile from one another.  Within a one mile radius there are an additional 21 establishments that serve or sell liquor which bring the total to 29 establishments.

 

Circle K is applying for a Series 9 liquor license at 1122 E. Indian School Road, but there is an existing Series 10 liquor licensed business located directly across the street at 1129 E. Indian School Road.  Both of these locations are within about 350 feet of Longview Elementary located at 1209 E. Indian School Road.  Residents from the surrounding Neighborhood associations have expressed their concerns that the safety of the children that are walking to and from school would be put in harms way. 

 

                    The Police Department shares the following concerns of the area's neighborhood associations:

 

The Longview Neighborhood Association, Idylwilde Park Association and the Devonshire Neighborhood Association are in opposition to this location obtaining a liquor license.  In speaking with members of the associations, they did express concerns identical to those of the Police Department as to the detrimental effect that alcohol service will have on their community.  These neighborhood associations feel that adding another establishment that sells alcohol is not required to meet the public needs or be a public convenience nor would it be in the best interest of the community.

 

                    This area is challenged for the following reasons:

 

This area in question challenged area due to the demographics of the area.  This area is frequented by homeless subjects who will obtain their liquor from existing local establishments and retreat back into the neighborhoods to consume their alcoholic beverage.  Once the subjects become inebriated they will generate calls for service for patrol officers who work the area.


 

This investigation summary is submitted by: Det. C Wilson #6945

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 


 

CITY COUNCIL REPORT

CITIZEN REQUEST

TO:

Mayor and City Council

PACKET DATE:

September 24, 2009

FROM:

Lisa Takata

Executive Assistant to the City Manager

 

 

 

SUBJECT:

RESPONSES TO REQUESTS FROM COUNCIL/CITIZENS

 

 

The following information report(s) responds to requests from citizens at the Citizen's Request Session:

 

Ms. Hilda Hernandez

·

Ms. Hernandez would like to know who she can contact in the City with regard to graffiti and neighborhood cleanup.  She also expressed concerns regarding the litter and transient traffic around the bus stop areas at 15th Avenue and West Fillmore Street. 

 

Staff from the City Manager’s Office and Councilmember Nowakowski met with Ms. Hernandez immediately following the meeting regarding her concerns.       

 

Ms. Dianne Barker

·

 

Ms. Barker asked the Council to review its current Open Meeting Law policies to allow for more flexibility in communication between the Council and the public.   Ms. Barker requested that the City of Phoenix look to other governmental organizations, such as the Maricopa Association of Governments, for revising its Open Meeting Law policy.

 


 

CITY COUNCIL REPORT

CITIZEN REQUEST

TO:

Rick Naimark
Deputy City
Manager

Ed Zuercher
Deputy City Manager

PACKET DATE:

September 24, 2009

FROM:

Jerome E. Miller

Neighborhood Services Director

Debbie Cotton

Public Transit Director

 

 

 

 

SUBJECT:

RESPONSE TO CITIZEN REQUEST AT THE SEPTEMBER 9, 2009 FORMAL COUNCIL MEETING - MS. HILDA HERNANDEZ

 

 

This report is in response to Ms. Hilda Hernandez’s request at the September 9, 2009 Formal Council meeting for contact information on city graffiti and neighborhood clean-up programs.  Ms. Hernandez also voiced concerns about litter and transient traffic near the bus stops located in the area of 15th Avenue and West Fillmore Street. 

 

THE ISSUE

 

The Neighborhood Services Department (NSD) offers programs that can assist Ms. Hernandez with graffiti and neighborhood clean-ups.  Her concerns regarding litter at the bus stops have been referred to the Public Transit Department, which notes that the bus stops are cleaned regularly.

 

OTHER INFORMATION

 

NSD Graffiti Busters and the Tool Lending Program, as well as the newly initiated Blight Busters Volunteer program, provide resources to assist Ms. Hernandez.  Staff will provide her with this information and address any additional concerns.

 

Through the Tool Lending program, residents, neighborhood groups, and block watches listed with the NSD may borrow supplies and tools for neighborhood clean-ups and obtain paint for graffiti removal through the Graffiti Busters program.  NSD also loans paint sprayers to individuals who are certified with the program and offers free paint sprayer training for members of neighborhood groups interested in borrowing the equipment.  These services are provided at no cost to help residents improve their neighborhoods. 

 

Residents who are not a part of an organized group and are interested in assisting the department with the abatement and removal of graffiti, illegal signs, litter/debris, and shopping carts can participate in the new citywide “Blight Busters” volunteer program.  Each volunteer receives formal training to ensure the safe removal of graffiti and illegal signs. 

 

To report graffiti, residents can call the Graffiti Busters hotline at (602) 495-7014 or dial #GONE (#4663) from their cell phones.  If graffiti is in progress, residents can call 911 and Police will respond.  A Graffiti Reward hotline (602)262-7327 is also available for residents to call and identify graffiti vandals.  Awards are paid out based on information leading to the arrest and conviction of a graffiti vandal.  Additional NSD program information is available at http://phoenix.gov/NBHDPGMS/grafbust.html or by calling (602) 495-0323.

 

In response to Ms. Hernandez’s concern regarding the bus stop, Public Transit verified that the southbound 15th Avenue far side of Fillmore stop is power washed and serviced weekly.  The area was serviced on Thursday, September 17, 2009 and will be serviced on Thursday, September 24, 2009.

 

RECOMMENDATION

 

This report is for information only.  No Council action is requested.

 

 


 

CITY COUNCIL REPORT

CITIZEN REQUEST

TO:

Lisa Takata

Executive Assistant To The City Manager

PACKET DATE:

September 24, 2009

FROM:

Mario Paniagua

City Clerk

 

 

 

 

SUBJECT:

RESPONSE TO CITIZEN REQUEST FROM THE SEPTEMBER 16, 2009 CITY COUNCIL FORMAL MEETING - DIANNE BARKER

 

 

The purpose of this report is to provide a response to a citizen request received at the City Council Formal Meeting on September 16, 2009.

 

THE ISSUE

 

Ms. Barker requested that the City examine the practices of the Maricopa Association of Governments (MAG) or other governmental organizations and consider revising its Open Meeting Law Policy regarding periods of citizen comment or calls to the public.  The Open Meeting Law is part of the Arizona Revised Statutes and ensures openness and access to public meetings.

 

OTHER INFORMATION

 

A.R.S. §38-431.01(H) provides that a public body may make an open call during a meeting to allow individuals to address an issue within the jurisdiction of the public body.  However, members of the public body may not discuss or take action on matters raised during this open call which are not specifically identified on the agenda.  The Phoenix City Council and other Phoenix public bodies do not respond or question citizens during the open call to avoid the perception they may be discussing an issue that was not on a publicly posted agenda as prescribed in the Open Meeting Law.

 

The A.R.S. does permit a public body to respond to criticisms made during a time of public comment, and the City Council trusts the citizens before them to adhere to the standards of appropriate courtesy and decorum.  However, it is understood that citizens occasionally bring forward issues about which they are very zealous and some latitude is given in an effort to hear their concerns.  The City Manager and staff study the issues brought forward and provide a response to the citizen and City Council.

 

RECOMMENDATION

 

This item is for information only.  No Council action is requested.

 

 

 

Last Modified on 09/25/2009 09:06:04