TABLE OF CONTENTS

TABLE OF CONTENTS

FOR CITY COUNCIL PACKET

JANUARY 19, 2010

The January 19, 2010 Policy Session has been Cancelled

 

GENERAL INFORMATION

Ÿ

 

Liquor License Applications Received for the Period of January 6, 2010 through January 12, 2010

 

Ÿ

 

Police Department Recommendation for Three Liquor License Items on the January 20, 2010 Formal Agenda

 

Ÿ

 

Follow-up:  January 12, 2010 Work Study Minutes and Council Requests

 

Ÿ

Federal Alternative Fuels Tax Credit

 

 

Packet Date:  January 15, 2010


 

LIQUOR LICENSE APPLICATIONS RECEIVED FOR THE PERIOD OF JANUARY 6, 2010 THROUGH JANUARY 12, 2010

GENERAL INFORMATION

TO:

Lisa Takata

Executive Assistant to the City Manager

PACKET DATE:

January 14, 2010

FROM:

Mario Paniagua

City Clerk

 

 

 

 

SUBJECT:

LIQUOR LICENSE APPLICATIONS RECEIVED FOR THE PERIOD OF JANUARY 6, 2010 THROUGH JANUARY 12, 2010

 

 

This report provides advance notice of liquor license applications that were received by the City Clerk during the period of Wednesday, January 6, 2010 through Tuesday, January 12, 2010.

 

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

 

Troy DeVos, Agent

QuikTrip #454

2775 W Peoria Avenue

480-446-6329

 

10

 

2/5/10

 

No

 

3/3/10

2

 

N

 

Randy Guse, Agent

Walgreens #03912

29660 North Tatum Blvd.

623-215-0407

 

10

 

1/29/10

 

No

 

2/17/10

3

 

L

 

Michael Basha, Agent

Bashas’ #15

10631 North 32nd Street

480-940-6731

 

9

 

1/29/10

 

No

 

2/17/10

3

 

SE

 

David LaPlante

St. Paul’s Catholic Church (2/13/10)

330 West Coral Gables

602-570-4977

 

15

 

N/A

 

N/A

 

*2/13/10

4

 

L

 

David Robinson, Agent

Hideaway Lounge

2929 North 16th Street

602-955-9065

 

6

 

2/2/10

 

No

 

3/3/10

4

 

SE

 

Carlos Nava, Jr.

St. Gregory Roman Catholic Parish Phoenix (2/6/10)

3424 North 18th Avenue

602-284-8547

 

15

 

N/A

 

N/A

 

*2/6/10

6

 

OL

 

Andrea Lewkowitz, Agent

Cost Plus Imports

1750 East Camelback Road

602-667-6767

 

7

 

2/2/10

 

No

 

3/3/10

6

 

O

 

Andrea Lewkowitz, Agent

Club West Golf Course

16400 South 14th Avenue

602-667-6767

 

6

 

2/2/10

 

No

 

3/3/10

7

 

N

 

Randy Guse, Agent

Walgreens #09179

5115 West Baseline Road

623-215-0407

 

10

 

2/2/10

 

No

 

3/3/10

7

 

N

 

Randy Guse, Agent

Walgreens #06697

7606 South 7th Street

623-215-0407

 

10

 

2/2/10

 

No

 

3/3/10

7

 

N

 

Randy Guse, Agent

Walgreens #10111

3434 West Southern Avenue

623-215-0407

 

10

 

1/29/10

 

No

 

2/17/10

7

 

N

 

Randy Guse, Agent

Walgreens #06021

1620 North 59th Avenue

623-215-0407

 

10

 

2/2/10

 

No

 

3/3/10

8

 

OL

 

Cary Morrow, Agent

W.M. Sacks/Cave & Ives Portico & Grill

4247 East Indian School Road

602-840-4649

 

7

 

1/29/10

 

No

 

2/17/10

8

 

N

 

Randy Guse, Agent

Walgreens #04422

3945 East Southern Avenue

623-215-0407

 

10

 

2/2/10

 

No

 

3/3/10

8

 

SE

 

Dragomir Mikalacki

Saint Sava Serbian Orthodox Church (2/11-2/13/10)

4436 East McKinley Street

480-343-7431

 

15

 

N/A

 

N/A

 

*2/11-2/13/10

8

 

SE

 

Daniel Schay

Phoenix Theatre

(2/26/10)

441 West Madison Street

602-618-7266

 

15

 

N/A

 

N/A

 

2/17/10

*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 required.

 


 

CITY COUNCIL REPORT

GENERAL INFORMATION

TO:

Lisa Takata

Executive Assistant to the City Manager

PACKET DATE:

January 14, 2010

FROM:

Mario Paniagua

City Clerk

 

 

 

 

SUBJECT:

POLICE DEPARTMENT RECOMMENDATIONS FOR THREE LIQUOR LICENSE ITEMS ON THE JANUARY 20, 2010 FORMAL AGENDA

 

 

The attached memorandum supplements the Request for Council Action reports for three liquor license items on the January 20, 2010 Formal Council Agenda.  This memorandum provides the Council with additional information regarding Police Department disapproval recommendations for the following items:

 

New Items

 

·        District 5, Uno Stop

·        District 8, Allen’s Bistro

·        District 8, Llerutan Distributing

 

 

 

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

 


 

Police Department Liquor License Disapproval Recommendation

 

Application Information

 

Business Name

Uno Stop

 

District

5

Business Location

4150 N 35th Avenue

 

 

 

Applicant Name

Imad Yousif Warda

 

Series Type

10

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:

 

During a review of the state liquor license application for 4150 N. 35th Avenue, Imad                   Yousif Warda disclosed himself as 100% stockholder and member of Uno Stop Market 2 LLC, listed owner for this location.

 

Section 13 question 4 asks “If the premises are leased give leasers name: “Mr. Warda answered this with “35th Avenue Retail Center, LLC”   whose members include Britton Lee, manager/owner and Esther Minlee, member.

 

When asked about indebtedness for this location Mr. Warda answered “Zero.”

On the city application question 9 asks “How much was paid for the business and the source of funds used to pay for this business.” Mr. Warda answered with $2,500.00 which came from personal savings with “Zero” debt.

 

This location was originally licensed, # 100774376, and owned by Rokd Group LLC whose members included Britton Lee. It was purchased for $1.5 million dollars and later sold to Albert Gorais Odesho, brother in law of Imad Warda, for $1.8 million dollars. Mr. Odesho obtained financing and later became delinquent on payments with his bank for this location.

 

 During a conversation with Mr. Odesho he related Mr. Lee worked with Mr. Odesho’s bank and purchased the property back in July 2009. Mr. Odesho paid $9,760.00 a month for three months to avoid the foreclosure and to stay in business.

 

Mr. Odesho and Mr. Lee did not report this incident to the DLLC or AZ Corporation commission within the required time frame, selling beer and wine under Mr. Odesho’s liquor license, #10075063 since July 2009. Mr. Imad Warda disclosed on his application he has been working at this location since September 2004 and later confirmed this.

 

In November 2009, Mr. Lee, owner of the property, known as Quality Gasoline, evicted Mr. Odesho and has allowed beer and wine to be sold there with Mr. Odesho’s license.

A record of this unreported business transaction was documented on Phoenix Police report #2009-92011452.

 

On December 22, 2009, Officer Martinez 8338 and I met with Mr. Odesho and asked about ownership of the store. He confirmed all the information on his application and said it was true. He stated he owned the store and when asked if there were any other owners related no. When asked if he has worked at the 4150 N 35th Avenue location he told me he works there now.

 

When asked about the purchase price he told us he purchases the inventory for $2,000.00 from Britton Lee. He later admitted he was in debt to Britton Lee for $50,000.00 and was the deal for leasing the property. Mr. Warda wanted to consult with his lawyer on this matter. 

 

Due to the fact Britton Lee is the current owner of 4150 N 35th Avenue and Mr. Warda failed to disclose him as financier for Uno Stop Market 2 and the true amount of debt of $ 50,000.00, it questions the reliability, qualifications and capability to obtain a liquor license for this location.

 

The applicant has failed to make full financial disclosure:

 

As described above, the applicant failed to provide a full financial disclosure and disclosures provided were confusing. No financial documents regarding sources of income were provided even upon request.

 

This recommendation for disapproval is submitted by: Detective Cortez

SIGNATURES

Investigating Detective

J.M. McTernan 4684

Liquor Enforcement Detail Supervisor

Sgt. Mark Doty 5785


 

Police Department Liquor License Investigative Summary

 

Application Information

 

Business Name

ALLEN'S BISTRO

 

District

8

Business Location

1301 East Broadway Road

 

 

 

Applicant Name

Tonya Allen

 

Series

12 

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

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

           

The applicant, Tonya Allen has three outstanding liens against her. The first is for $2,636.87 from the Garden Lakes Community Association. The judgment was issued through the Estrella Mountain Justice Court on November 20th 2009. The total judgment was still outstanding per The Travis Law Firm as of December 9, 2009. The judgment is for outstanding Community association dues and fines for a home that she owned. The fees are from 2006 to present. The second judgment is for $651.43 for a tax lien from the City of Avondale. The total amount of this lien is still outstanding per the City of Avondale as of December 9, 2009. The third lien is for Limb Investors for a current balance of approximately $25,000.00. This judgment was issued through the Maricopa County Superior Court and per Attorney John Gilbert is outstanding as of December 10, 2009. In total, the applicant, Tonya Allen has approximately $28,288.30 in outstanding liens that have not been addressed.

 

The applicant explained that she had knowledge of the judgment from Limb Investors but did not agree with the judgment and has no plans to pay it. The applicant also has no pending legal action to reverse the judgment. The applicant also said that she is aware of the origin of the other two liens but also does not think they are just and has no plans of paying them. There is no pending legal action to reverse either of the two judgments.

           

·                    Additional reasons for disapproval include:

 

The applicant explained that the situation surrounding the $25,000 judgment from Limb Investors was due to a Child Care business that she had purchased and was operating under the previous owner’s child care license. When this license was no longer valid the applicant was unable to obtain a current license to operate the establishment. Due to the fact that she could not operate the child care facility; she was unable to pay the building lease. The non payment of the lease resulted in the $25,000 judgment.

The lease was at 1044 East Broadway Road in Mesa. The lease began on August 17 of 2007 and was for $4300.00 per month. The rent payment of $4300.00 for October of 2007 was paid with a check that had inefficient funds and the rent for November was not paid.  There has been no attempt to pay this outstanding lien by the applicant to date.           

 

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


 

This recommendation for disapproval is submitted by:  M. Ballentine #7294

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 


 

Police Department Liquor License Investigative Summary

 

Application Information

 

Business Name

LLERUTAN

 

District

8

Business Location

1542 East Victory Street #3

 

 

 

Applicant Name

Ronald Johnson

 

Series

4

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

          The applicant has the following criminal background:

           

On July 2, 2001, Ronald Michael Johnson entered a plea of guilty to one count of assault by causing fear of injury in the Glendale Municipal Court. There were also two other charges involved with this incident of unlawful imprisonment and disorderly conduct – fighting, that were dismissed. As a result of this plea, Mr. Johnson served 10 days in jail, was placed on 24 months probation and was ordered to attend a counseling program and submit to substance abuse screening. Mr. Johnson failed to include any of this information on his state liquor application but did admit during a phone conversation that he had spent approximately two weeks in jail for this incident.

 

On April 5, 2007, Ronald Johnson was booked into the Maricopa County Jail on one count of child abuse, a class two felony, for repeatedly striking his 11 year old stepson on the back of the legs and buttocks with a belt causing red and dark purple marks. Mr. Johnson then kicked his wife and stepson out of the home they shared and took their keys and garage door opener. When the officer confronted Mr. Johnson about kicking his wife and stepson out of the house, he responded that his wife was not on the deed and she had no right to be there. Mr. Johnson also said it is not his problem that his wife does not have a place to live. Again, Mr. Johnson failed to document this arrest on question 15 of the state application. The case was turned down by the Maricopa County Attorney’s Office due to no reasonable likelihood for conviction.

 

Mr. Johnson has an extensive criminal history including the following arrests:

 

§         1990 Chicago, Illinois - arrest for unlawful use of a weapon

§         1992 Chicago, Illinois - arrest for possession of a stolen vehicle, vehicle identification altered, battery and assault

§         1993 Chicago, Illinois - arrest for battery and damage to property

§         1996 Chicago, Illinois - arrest for domestic battery and unlawful trespass/vehicle

§         1997 Chicago, Illinois - arrest for battery

§         1997 Phoenix, Arizona - arrest for interfering with judicial proceedings and obstructing justice

§         1998 Phoenix, Arizona - arrest for assault, disorderly conduct and trespassing

§         1998 Mesa, Arizona - arrest for assault, disorderly conduct, criminal trespass and interfering with judicial proceedings

           

 

          The application was falsified in the following manner:

 

On section 13 of the state application, Mr. Johnson indicated that his residence from January of 2008, until the present is 7924 East Peralta Avenue in Mesa. Mr. Johnson indicated that he owned this residence. Upon a check of the property on the Maricopa County Assessors website, it was discovered that a Mr. Ryan Southard was the listed owner of the property since March 2005.

 

On July 23, 2009, Mr. Ryan Southard was contacted at 7924 East Peralta Avenue. Mr. Southard provided information that Mr. Johnson lived at this location in a guest house for a short time but left the residence in January of 2009.

 

When Mr. Johnson was asked to provide his address during a meeting on July 28, he provided the Peralta address. During a subsequent phone conversation on July 29, Mr. Johnson said he had been contacted by Mr. Southard and advised that someone had stopped by asking about him. Mr. Johnson said he did live at the Peralta address but he has not stayed there for approximately three months. Mr. Johnson claims that he does not have a residence but stays with girlfriends. He was unable to provide an address for his current residence. Mr. Johnson was asked why he claimed that he owned the Peralta property and he responded that the application was completed by his lawyer and he did not tell him that he owned the house. Mr. Johnson said that he did not read the application prior to signing it in front of a notary even though the application says, “I have read this questionnaire and all statements are true, correct and complete”.

 

 

          The applicant has failed to make a full financial disclosure:

           

On question nine of the city questionnaire, Mr. Johnson stated that $60,000 was paid for the business and the source of these funds was personal savings. During a meeting with Mr. Johnson on July 28, he claimed the personal savings were earned through the sale of his last home located at 7155 West Wethersfield Road in the City of Peoria. The home was sold on August 24, 2006, for $540,000. Mr. Johnson provided a bank statement from a Bank of America account in the name of CRJ Capitol LLC. with two separate deposits from title companies. The first deposit was on October 14, 2005, from Metro Title for $11,754.50. This deposit occurred prior to the sale of the home that Mr. Johnson claims to have received the business funds from. The second deposit was on August 30, 2006, from Fidelity National Title for $67,659.01 for an ending account balance of $80,465.53.

           

After conducting a Department Of Economic Security check of Mr. Johnson’s wages, it was discovered that he applied for, and received food stamps on October 22, 2008, and continued to receive this assistance until May of 2009. On question 12 of the state questionnaire, Mr. Johnson lists that he has been unemployed from May of 2004, until the present.

           

The only income that Mr. Johnson provided was the sale of the home at 7515 West Wethersfield and his disability income. Mr. Johnson provided documentation that he has received disability payments for a 20% loss of function in his right leg. The disability payments began in September of 1999, and he received monthly payments of $791.58 for a period of ten months.

 

Mr. Johnson did not provide any further documentation of any type of income. During our phone conversation, Mr. Johnson claimed that the money from the sale of his previous home was used to start his own line of alcoholic beverages called Naturell and was not used to start his wholesale business. Mr. Johnson claims to be looking for investors to fund the wholesale business but at the time of this application, none have been secured. Mr. Johnson was unable to provide a source of income to pay the $700.00 per month lease payment for the building.

 

Mr. Johnson has not proven himself to be reliable due to the fact that he falsified his application by failing to document numerous arrests and convictions within the last ten years. Mr. Johnson also claimed his residence was a location that he admitted he has not stayed at in at least three months and failed to provide a current place of residence. When confronted with this information, Mr. Johnson claims that his lawyer filled out the application incorrectly and he did not review it prior to signing the document in front of a notary affirming that the document was correct and true.

 

Mr. Johnson has also not proven himself to be capable, qualified or reliable due to his inability to make a full financial disclosure. The financial documentation provided was from 2005 and 2006 however, Mr. Johnson filed for food stamps in 2008, and received the assistance until 2009. Mr. Johnson later claimed that the financial documentation was for the startup for his liquor brand but he is still looking for investors to fund the wholesale business.

 

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: Michael Ballentine #7294

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 

 


 

FOLLOW-UP:  JANUARY 12, 2010 WORK STUDY SESSION

GENERAL INFORMATION

TO:

Mayor And City Council

 

PACKET DATE:

January 14, 2010

FROM:

David Cavazos

City Manager

 

 

 

 

 

SUBJECT:

FOLLOW-UP:  JANUARY 12, 2010 WORK STUDY SESSION

 

 

Attached are the January 12, 2010 Work Study Minutes, Announcements, and Citizen Requests/Comments.


 

CITY OF PHOENIX

CITY COUNCIL WORK STUDY SESSION

TUESDAY, JANUARY 12, 2010 - 2:00 P.M.

CITY COUNCIL SUBCOMMITTEE ROOM

200 WEST WASHINGTON STREET, 12TH FLOOR

 

 

Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the City Council and to the general public that the City Council will hold a meeting open to the public on Tuesday, January 12, 2010, at 2:00 P.M. located in the Subcommittee Room, 200 West Washington Street, Phoenix, Arizona. 

 

 

 

1:00 P.M. -

AN EXECUTIVE SESSION WAS CALLED FOR THIS TIME AT THE POLICY MEETING OF JANUARY 5, 2010

 

THE TIMES LISTED FOR AGENDA ITEMS ARE ESTIMATED.  ITEMS MAY BE DISCUSSED EARLIER OR IN A DIFFERENT SEQUENCE.

 

Action Taken:

Vice Mayor Nowakowski called the meeting to order at 2:26 p.m. with Council members Gates, Williams, Mattox, Simplot, Neely, Johnson, and DiCiccio were present.  Mayor Gordon joined the meeting at 2:30 p.m.

 

 

ESTIMATED

1.    2:00 P.M.-

COUNCIL INFORMATION AND FOLLOW-UP REQUESTS.

 

This item is scheduled to give City Council members an opportunity to publicly request information or follow-up on issues of interest to the community.  If the information is available, staff will immediately provide it to the City Council member.  No decisions will be made or action taken.

 

Action Taken:

Council members made general announcements, commended staff for work completed, and submitted questions for staff follow-up.

 

CONSENT AGENDA. 

 

There were no items for the Consent Agenda this week.

 

CALL FOR AN EXECUTIVE SESSION.

 

A vote to call an Executive Session may be held.

 

Action Item:

There was no call for an Executive Session.

 

REPORTS AND BUDGET UPDATES BY THE CITY MANAGER.

 

This item is scheduled to allow the City Manager to report on changes in the City Council Agenda and provide brief informational reports on urgent issues.  The City Council may discuss these reports but no action will be taken.

 

Action Taken:

City Manager David Cavazos stated Executives and Middle Management wanted to set an example by undertaking reductions in an effort to reduce costs and preserve jobs, programs, and services.  Mr. Cavazos noted for the current year and following year, they would forego cost of living increase, merit pay increase, and longevity pay.  He added this would be the two-year equivalent of 6.9 percent reduction.  Mr. Cavazos also requested five voluntary furlough days from managers in FY 2009-10.  He noted the five furlough days would be the equivalent to two percent of pay.

 

ESTIMATED

2.      2:30 P.M.-

BUDGET UPDATE

Staff:   Zuercher, Gleason
(Presentation 10 min.)

 

This report will focus on the General Fund and will provide updated information for the 2009-10 and 2010-11 fiscal years.

 

Action Taken:

Budget & Research Director Cathy Gleason provided a PowerPoint presentation on the budget.  Ms. Gleason stated the new budget shortfall estimate was $108 million which previously was projected between $65 million and $95 million.  Ms. Gleason noted revenues were down compared to the forecast.  She explained state income tax was down almost $75 million in revenues over the last two years.  Ms. Gleason stated City sales tax was down twelve percent and the state sales tax was down fourteen percent.  She added that recently sales tax showed an improvement and this is expected to continue.  Ms. Gleason noted by the end of the year, staff forecasted the percentage would be flat.  Ms. Gleason indicated for 2010-11, revenues were estimated to be positive at 3.3 percent.

 

Ms. Gleason stated the two-year deficit of $244.7 million was driven by reduced city sales tax, state sales tax and state income tax.  Ms. Gleason discussed current measures taken to balance the budget.  She explained $95 million in one-time savings had been identified, however, she noted the City would need to discontinue dependence from one-time financial transactions in the future.  Ms. Gleason added another $10 million in savings had been identified through innovation and efficiency efforts.  Even with all these efforts, Ms. Gleason reported $140 million in cuts would be needed to balance the budget. 

 

Ms. Gleason indicated where funding was budgeted according to the community’s and City Council’s priorities, the largest being Public Safety, parks, streets, and libraries.  Ms. Gleason displayed a historical comparison of departments’ positions, noting where the City had added and lost positions over the last twenty years.  She commented Police, Fire, Parks and Library Departments had grown the most in response to Phoenix’s growth. 

 

Mr. Zuercher stated some departments had developed efficiencies to maintain services without additional staff.

 

Ms. Gleason explained departments had already found alternative savings of $37 million during the 3+9 budget reviews to leverage further cuts.  She noted departments would continue to cut to reduce the current year’s budget shortfall, adding they may have already depleted the ability to do so without impacting programs and services.  Ms. Gleason stated the budget-balancing proposal did not include cutting departments “across the board” but would depend on types of functions.  She explained cuts would range from less than fifteen percent for Public Safety to more than thirty percent for the City Manager’s Office. 

 

Ms. Gleason discussed the proposed retirement incentive, noting it was recommended to be capped at forty percent from the previous formula, with a fixed amount of $3 million available for those incentives.  She added the City could not provide early retirement due to personnel rules but could offer money as an incentive to those eligible to leave early in an effort to prevent additional lay-offs.  Ms. Gleason also stated severance packages would be reduced by twenty percent from the previous formula to mitigate costs.

 

Ms. Gleason provided an overview of the City funds which included the Convention Center, Transit, Prop 301 Neighborhood Protection, Parks and Preserves, and Prop 1 Public Safety Expansion.  Ms. Gleason explained construction and tourism sales tax have been the hardest hit categories significantly decreasing funding for the Phoenix Convention Center.  She also discussed Public Safety funds and how more money was being spent compared to collections.  Ms. Gleason noted staff would work with the Police and Fire Departments to balance their budgets by June 30, 2012. 

 

Ms. Gleason noted the budget hearings were being scheduled and would be distributed within a day or two. 

 

Mayor Gordon asked if the State imposed unfunded mandates, reduced state shared revenue or other funds, would the City have to make more cuts.  Ms. Gleason replied yes. 

 

Mayor Gordon asked staff if they were to eliminate every department and lay-off every employee with the exception of Public Safety, would the City be able to balance the budget.  Mr. Zuercher responded even if every department and employee was eliminated, with the exception of Public Safety, the budget would not be balanced.

 

Mayor Gordon commented on the dire situation and the need for the public to understand that the City had a significant problem.

 

Mr. Abe Arvizu, Jr. asked staff to consider taxing items that had not been taxed in the past.  He also stated employees were the heart and soul of the City and should be protected to provide essential services.

 

Downtown Phoenix Partnership President David Roderique expressed support for a tax on food.

 

Mr. Adolfo Maldonado, resident, expressed support for a tax on food.

 

Mayor Gordon asked what percent of the budget problem food tax revenues would address.  Mr. Cavazos replied the food tax would collect $50 million in funds which would reduce the shortfall to $90 million.

 

Mr. Paul Barnes, Neighborhood Coalition of Greater Phoenix, asked the City to initiate a bold budget program that would work beyond the short-term.  He also suggested the City work with the State to establish a long-term solution.

 

Ms. Donna Neill, resident, expressed support for the tax on food.  She also asked that the Police Department Mounted Patrol Unit be continued.

 

Mr. Edward Yee, member of the Chinese Senior Center, asked that the center be kept open. 

 

Mr. Dwight Amery, resident, expressed support for the tax on food.

Mr. Dave Jenkins, resident, expressed support for the tax on food in order to keep parks and libraries open.

 

Mayor Gordon clarified that no one on the City Council or staff wanted to eliminate services and programs.

 

Ms. Greta Rogers asked that residents’ needs be considered when proposing cuts.

 

Ms. A.C. Quackenbush offered services to assist in examining the issues offering ideas and support to address the shortfall.

 

Mayor Gordon announced community members could contact their District Council office or City management to provide their input or attend City Council Formal meetings.  He stated the community Budget Hearing schedule would be posted in a day or two and was designed to allow the public to engage in the budget process.

 

Councilman DiCiccio expressed the following points:  1) he believed the private sector would help create solutions and look for efficiencies to fix the budget; 2) he opposed the sales tax on food; 3) he supported across-the-board cuts should not be exercised; 4) he stated he recommended reviewing functions to see if they could be outsourced to the private sector; and 5) he supported programs and services that touched the public should be cut last.

 

Councilman Gates asked staff to define what essential services should the City be providing.  He added he wanted to save positions that provided essential services to the community.

 

Councilwoman Williams asked if the 3.3 percent City Sales Tax estimation for fiscal year 2010-11 was too optimistic.  Ms. Gleason replied this estimation was conservative compared to national economist estimations.  Councilwoman Williams asked if additional cuts would need to be made aside from the one-time cuts.  Ms. Gleason responded yes, staff would need to find additional savings for this year.  Councilwoman Williams asked about employee increases.  Ms. Gleason replied the City was currently in labor negotiations with employee groups.  Councilwoman Williams suggested the City begin the planning process for a long-term solution that would include consolidation of programs and services; restructuring of public/private partnerships and the tax base; and building an emergency fund that would protect the City’s bond rating, employees, and residents in the future.

 

Councilman Johnson expressed concern on how service would be maintained with the loss of so many City employees.  Councilman Johnson proposed staff look internally to see if there were services the City could provide in the community in an effort to generate revenues.  He also noted his support for a tax on food. 

Councilwoman Neely commended the City Manager and Executive Team for initiating cuts at the management level and setting an example.  Councilwoman Neely stated she would give five furlough days.  She asked City management to identify what were the City’s essential services, how they could be consolidated, and how they could be maintained.  Councilwoman Neely expressed her opposition towards a food tax.

 

Councilman Mattox stated he wanted to hear what the community felt was important.  He agreed the City should continue with innovative and efficiency efforts and added looking into expanding the Solid Waste Service model program into other areas of the City.  Councilman Mattox indicated he would like to see the process expedited regarding opening businesses in the downtown area.  He stated he looked forward to the budget hearings and for people’s input.

 

Vice Mayor Nowakowski thanked management for their voluntary cuts.  He encouraged the public to attend and provide input at the budget hearings so the City could understand the different needs and concerns of a diverse population.  He also stated his concern for customer service when outsourcing programs and services.

 

Mayor Gordon stated new, renewal, and extension agreements with private vendors would be reviewed by all departments.  He also asked the public to get involved, and to forward ideas and recommendations to management.  Mayor Gordon asked when the final budget would be brought to the City Council.  Ms. Gleason replied March 2, 2010.  Mayor Gordon thanked everyone for attending and reminded people to shop Phoenix.

 

Backup included in Council packet/City Clerk’s Office.

 

ESTIMATED

3:10 P.M. - ADJOURNMENT

 

Action Taken:

Mayor Gordon adjourned the meeting at 4:06 p.m.

 

 

For further information, please call the Management Intern, City Manager's Office, at 602-262-4449.

 

For reasonable accommodations, call the Management Intern at Voice/602-262-4449 or TTY/602-534-5500 as early as possible to coordinate needed arrangements.

 

Si necesita traducción en español, por favor llame a la oficina del gerente de la Ciudad de Phoenix, 602-262-4449 tres días antes de la fecha de la junta.

 

 

PHOENIX CITY COUNCIL MEMBERS

 

Councilman DiCiccio

Councilman Gates

Councilman Johnson

Councilman Mattox

Councilwoman Neely

Councilwoman Williams

Councilman Simplot

Vice Mayor Nowakowski

Mayor Gordon

 


City Council Requests For Information And Announcements

Work Study Session

January 12, 2010

 

 

COUNCILMAN DICICCIO

Councilman DiCiccio asked staff to look into combining staffing efforts for trade shows with other valley cities as a way to save money.

Follow-up:  Krietor, Chan

 

 

 


 

CITY COUNCIL AND CITIZEN REQUESTS

Unanswered as of January 12, 2010

 

CITY COUNCIL INFORMATION REQUESTS

INFORMATION REQUESTS

DATE AND COUNCIL PERSON

DUE DATE

ASSIGNED TO

Requested staff to look into combining staffing efforts for trade shows with other valley cities as a way to save money.

January 12, 2010 Councilman DiCiccio

01/26/10

Krietor, Chan

____________________________________________________________________

 

CITIZENS REQUESTS

REQUEST

REQUEST DATE AND NAME OF CITIZEN

DUE DATE

ASSIGNED TO

Ms. Hilda Hernandez complimented the Police Department for their quick response to her concerns and for District 7’s support in addressing her neighborhood issues.  Ms. Hernandez asked if anything could be done to prevent transients from taking over the bust stop at 15th Avenue and W. Taylor Street.

January 6, 2010

Ms. Hilda Hernandez

1/20/10

Gardner

Ms. Ruth Carter asked if large events and road closure information could be provided in a Calendar of Events format on the City’s Website.

January 6, 2010

Ms. Ruth Carter

1/20/10

Naimark, Larsen

Mr. Emerson French proposed adding the Condorcet method to May’s ballot as a pilot program to endorse electoral reform.

January 6, 2010

Mr. Emerson French

1/20/10

Takata, Paniagua

Mr. Pat Vint asked why he was being fined $2,500 a day for violation of visibility of landscaping on corner lots.

January 6, 2010

Mr. Pat Vint

1/20/10

Miller, NSD

 

 

 


 

FEDERAL ALTERNATIVE FUELS TAX CREDIT

GENERAL INFORMATION

TO:

Ed Zuercher

Assistant City Manager

PACKET DATE:

January 14, 2010

FROM:

Debbie Cotton

Public Transit Director

 

 

 

 

SUBJECT:

FEDERAL ALTERNATIVE FUELS TAX CREDIT

 

 

This report provides information requested by the Transportation, Infrastructure & Sustainability Subcommittee at its January 7, 2010 meeting regarding the federal Volumetric Ethanol Excise Tax Credit (VEETC) that has been received by the Public Transit Department for its use of liquefied natural gas.  If the credit is not extended with retroactive provisions, additional T2000 program budget actions will be required to address the loss of $2 million in the current fiscal year and $4 million annually thereafter.

 

the ISSUE

 

The Public Transit Department has applied for and received a federal $0.50 per gallon credit for alternative fuels since October 2006.  The credit, however, was not extended along with other provisions of the federal transportation authorization and expired in December 2009.  Continuation of this credit and all other federal funding has been included and identified as an assumption in the financial forecasts used for the T2000 transit programs.  Loss of this credit represents a $4 million per year reduction in federal resources used to support operations of transit programs.  

 

other information

 

The Safe, Accountable, Flexible and Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-LU) went into effect on October 1, 2006 and includes authorization for a number of transportation infrastructure projects, establishes highway safety provisions, provides for research and development, and includes other provisions related to transportation.  

 

A section of SAFETEA-LU (Alternative Fuels 11113) provides a volumetric excise tax credit of $0.50 per gallon for alternative fuels, such as liquefied natural gas (LNG).  This credit is available to a number of entities including intercity and local bus service providers.  Approximately 70 percent of the City’s public transit fleet uses LNG.  Other valley transit operators also receive this credit and the region benefits financially and through the environmental impacts of using alternative fuels. 

 

The VEETC enacted in SAFETEA-LU was not a new tax benefit.  Prior to SAFETEA-LU, buyers of alternative fuels received an excise tax exemption.  The exemption varied by fuel type, but generally equaled 5.1 cents per gallon.  For example, the purchase of regular gasoline included an excise tax of 18.3 cents per gallon, while the same tax on alternative fuels was only 13.2 cents per gallon (18.3 minus the 5.1 cent deduction). During development of SAFETEA-LU, the restructured VEETC essentially converted the excise tax exemption into an excise tax credit.

 

Originally, the VEETC provision was set to expire on September 30, 2009 along with SAFETEA-LU, but the Emergency Economic Stabilization Act of 2008 (P.L. 110-343) included this and other tax credits in an extension until December 31, 2009.  Since the VEETC was not subsequently extended with the provisions of SAFETEA-LU, the tax credit lapsed December 31, 2009.

 

The U.S. House of Representatives approved a large tax credit extender bill that includes this Alternative Fuels Tax Credit and provides an extension to September 30, 2010, but with no retroactive provision.  The U.S. Senate has not acted on that bill; however, the Senate Finance Committee will consider the bill after the Senate returns to session in 2010.  Addition of a retroactive provision to December 31 has been raised to avoid a gap.

 

Since October 1, 2006, the Public Transit Department has applied for and received over $12.6 million in alternative fuels tax credits.  The Public Transit Department used over 7.9 million gallons of LNG in 2008-09.  If the credit is not extended with retroactive provisions, additional T2000 program budget actions will be required to address the loss of $2 million in the current fiscal year and $4 million annually thereafter.

 

RECOMMENDATION

 

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

 

Last Modified on 01/15/2010 09:10:52