OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tempe City Council Regular Meeting - February 5, 2026

City CouncilThursday, February 5, 2026
BodyTempe, Arizona
SessionCity Council
DateThursday, February 5, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
1:46

Oh, sorry.

1:48

Good evening, everyone.

1:49

Welcome to the Tempe City Council regular council meeting.

1:53

I don't know what is called order.

1:54

Council meetings can be watched in real time via Cox Cable Channel 11 and at Tempe.gov/slash Tempe Eleven.

2:00

Members of the public may also attend the meeting virtually through Microsoft Teams.

2:04

Before we begin, I want to note some changes to the order of tonight's agenda.

2:07

We've received a request from staff to make a statement regarding item 8A1, the appeal of the Development Review Commission's decision to approve a use permit to allow a massage establishment for massage ACEs located at 1761 East Warner Road.

2:21

To accommodate this request, I'll be introducing item 8A1 earlier in the meeting.

2:26

Additionally, we've received a large number of speaker requests for item 8C3, the second and final public hearing on the drink spiking education and prevention ordinance, which is listed later on in the agenda.

2:36

To accommodate those speakers, I will be introducing item 8C3 immediately after item eight A1.

2:42

Public appearances will still occur first, followed immediately by consideration of item eight A1 and then item eight C three.

2:49

If you submitted a speaker card to speak on a matter list not listed on tonight's agenda, you will be recognized during public appearances in the order in which your card was received.

2:58

Please note that if you choose to speak on an agenda item during public appearances, that this will be your only opportunity to speak on that topic.

3:05

You may not speak again when that item is heard later in the meeting.

3:28

Speakers will be taken will be called in the order in which their speaker cards are received, although I am gonna move a couple of things around this evening, even on that public appearance aside.

3:35

Uh but once again, if you wish to speak on the agenda item but have not submitted your card yet, please do so at the city court prior to the item being called.

3:42

I will announce your name when it's your turn for public comment.

3:45

I'd now like to invite everyone who's able and willing to stand to join me in a moment of silence, followed by the Pledge of Allegiance.

4:12

For which it stands, one nation under God, indivisible with liberty and justice for all that's agenda has a number of items that the City Council must consider in order to conduct city business.

4:25

Guidelines for conduct of City Council meetings are on the table to the entrance for those in attendance at tonight's meeting.

4:30

We will now play a video with the proper protocol for ensuring the appropriate conduct at City Council meetings.

4:49

Behavior that disrupts, disturbs, or otherwise impedes the orderly conduct of any city council meeting is not helpful and is not permitted.

4:57

This includes behavior both inside and outside of the council chambers.

5:01

Should individuals inside the council chambers become disruptive so that city business is not able to be conducted.

5:07

The mayor will first ask that the individuals allow city business to be completed.

5:11

There will be time for public comment during the call to the audience portion of the meeting.

5:15

If no cooperation, the mayor will issue a verbal warning and let them know that the continued disruptive behavior will lead to removal from the council chambers.

5:23

If there is still no cooperation, the mayor will issue a second verbal warning and let them know that the continued disruptive behavior will lead to removal from the council chambers.

5:31

If there is no cooperation after asking and two verbal warnings, then the mayor will ask security officers to remove only those individuals who were causing the disruption.

5:40

Security personnel should not engage in any way, but only escort them from the council chambers.

5:45

If individuals refuse to leave, security personnel shall warn them that they are trespassing, and that the next step will be arrest by a Tempe police officer.

5:53

Tempe officers may have to arrest if individuals refuse to leave.

5:57

Charges for trespass and disorderly conduct may apply, as well as other charges.

6:02

Should anyone be asked to be removed, the mayor will recess the meeting.

6:06

Thank you.

6:07

We're now going to play a video conveying the city of Tempe's native land acknowledgement statement.

6:20

We acknowledge that Tempe lies on the ancestral land of the Native peoples who have lived here since time immemorial.

6:37

Stress far beyond the boundaries of our city.

6:44

The landscape is sacred to them.

6:47

Embodying cultural values that are integral to their identity and way of life.

6:59

The autumn and deposit continue to maintain deep spiritual connection to this land.

7:12

We embrace the responsibility of caring for these places and vow to uphold this commitment in all our actions.

7:26

Thank you very much.

7:27

Next up, item number four at meeting minutes.

7:29

Tonight I'll be assisted by Council Member Keating.

7:31

Council Burke.

7:34

Thank you, Mayor.

7:34

I move we approve items uh four A1 through 4A5.

7:40

It's been moved by Council Burkeing and seconded by Councilmember Hodge.

7:43

Please vote.

7:45

And this time I'm on the rolls for you.

7:48

Okay.

7:48

Gotcha.

7:49

And uh that vote passes seven to zero.

7:52

Next up, item four B acceptance of board, commission, and committee meeting minutes.

7:55

Council member Keating.

7:56

Thank you, Mayor.

7:56

I move we accept board, commission, and committee meeting minutes items 4B1 through 4B9.

8:02

It's been moved by Council Member Keating.

8:03

Do you have a second?

8:04

Seconded by Councilmember Adams, please vote.

8:07

And that item also passes seven to zero.

8:10

Next up, uh, I got a couple of announcements here.

8:13

Let's see here.

8:44

All right, first up, item 5A1, teen dating violence awareness.

8:50

Uh, so if we have members of our community health and human services team, family justice commission members and school resource officers who are here this evening who could join me.

9:15

Let's see, let's make sure.

9:17

Um we go here, Mr.

9:21

Birch, who would you like to have all of these?

9:22

I've got three of them.

9:24

Family Justice Commission, okay.

9:27

Now you're okay.

9:28

All right, who's gonna hold here?

9:30

Thank you.

9:31

One more.

9:32

Yes, here we go.

9:37

All right, so this proclamation reads Whereas teen dating violence is a serious public health problem that is common among adolescents and young adults, as one in three U.S.

9:46

teens will experience physical, sexual or emotional abuse from someone they're in a relationship with before becoming adults, and as nearly half of U.S.

9:54

college women report experiencing violent or abusive dating behaviors.

10:00

And whereas high school students who witness, experience or perpetuate physical violence in a dating relationship, are more likely to use abuse drugs and alcohol, are at greater risk of suicide and are much more likely to carry patterns of abuse into future relationships.

10:13

And whereas educating young people about red flags and root causes of violence, building skills for healthy relationships, and changing attitudes that support violence can help to prevent teen dating violence, particularly as nearly half of teens who experience dating violence report that these incidents of abuse took place at school.

10:30

And whereas Tempe's community health and human services department, Tempe Police Department and Care 7 victim advocates and youth support specialists are working throughout our community to educate and support teens and their families.

10:43

And whereas our family advocacy center provides a welcoming and confidential space to connect families with resources, assist through the continuum of care, and start the healing process, while our school-based programs provide social and emotional support for students.

10:57

And whereas the City of Tempe embraces the 2026 Teen Dating Violence Awareness Month theme of real love respects to empower youth to recognize harmful patterns early and expect more from love, and is committed to providing supportive services to young people in need while raising public awareness of the quiet epidemic of teen dating violence.

11:16

Now, therefore, I, Corey Woods, mayor of the city of Tempe, Arizona, do hereby declare February 2026 as Teen Dating Violence, Teen Dating Violence Awareness Month in Tempe, Arizona.

11:52

And one more like that, don't blink.

12:05

All right, next up, I have our Black History Month proclamation, which is item 5A2.

12:10

And from the African American Advisory Commission, uh, do we have Willough May Crosby?

12:15

I think I saw her.

12:16

Uh, Dr.

12:16

Felicia Durden and Ms.

12:18

Kim D'Artez.

12:20

And from the Tempe Human Relations Commission, Peggy Simmons and Rabani Furquan.

12:32

Hello?

12:33

That is yours.

12:41

Sure.

12:43

Come on down.

12:44

You can all come on now.

12:46

Come on now.

12:51

All right, so this proclamation reads, whereas Black History Month is a month-long celebration honoring the two often neglected accomplishments and contributions of black Americans throughout this nation's history.

13:02

And whereas each year, February is dedicated to the recognition and celebration of black history, initially as a week chosen by historian Carter G.

13:10

Woodson, known today as the father of black history, and formally recognized by President Gerald Ford in 1976 as a month-long commemoration of the profound cultural, scientific, and artistic contributions of black Americans.

13:23

And whereas to sport the despite the formal designation of this celebration, it is imperative to remember that the struggle and injustice faced by black Americans persists, to which we must remain vigilant in acknowledging and addressing the past, illuminating policies and programs in need of reform and change.

13:40

And whereas organizations such as the All Gods Children's Collectors Club, the African American Advisory Committee, and the Tempe Black Employee Alliance, among many others, have bravely and passionately educated the Tempe community on Black history and excellence, elevating the rich cultural tapestry of Tempe since 1995, and thereby allowing for the ability to hold space for each other at difficult times.

14:02

And whereas, in the offsided words of Reverend Theodore Parker, echoed by Reverend Dr.

14:07

Martin Luther King Jr.

14:08

and President Barack Obama, the arc of the moral universe is long, but it bends towards justice.

14:13

And whereas this month and every month, the city of Tempe shall honor the history of black Americans, recognize their boundless contributions, and continue to celebrate multiculturalism and diversity in an ongoing mission to make our city a more equitable and just community for all.

14:29

Now, therefore, I, Cory Woods, mayor of the City of Tempe, Arizona, do hereby declare February 2026 as Black History Month in Tempe, Arizona.

14:52

All right, here we go, everybody.

14:53

Big smile.

14:54

That looks great.

14:56

One more like that, don't point.

14:59

All right.

15:00

Thank you.

15:11

I love them too.

15:43

All right.

15:43

Next up, item five B city managers' reports and announcements.

15:47

Madam City Manager.

15:48

No announcements this evening.

15:49

Thank you.

15:50

Thank you so much.

15:51

All right, so before we move into public appearances, I want to take a moment to address campaign related activity, especially as we are now in the 2026 election season.

15:58

City Council meetings are open to the public and are a vital forum for civic engagement.

16:02

We welcome all individuals, including candidates to speak on matters of public concern during the public comment portion of the meeting.

16:09

However, because this is an official city council meeting that is both televised and live streamed using city resources.

16:15

We ask all candidates, including any current council members, to refrain from electiering or campaign related activity while participating in this meeting.

16:23

That means no discussing your candidacy, no asking for votes or signatures, or displaying campaign materials such as signs, t shirts, or literature while speaking.

16:32

Thank you for helping us maintain the integrity and neutrality of our public meetings.

16:36

Which brings me to item six public appearances.

16:39

According to the Arizona Open Meeting Law, the City Council may only discuss, respond to, or take action on matters listed elsewhere on this agenda for discussion and legal action.

16:48

The purpose of the open call to the public is to allow individuals to address the city council on any issue within the jurisdiction of the city council.

16:55

No person shall speak more than once, and there was a limit of three minutes per speaker.

16:59

In the interest of allowing all members of the public to have an opportunity to speak, in the case that there were such a large number of persons intended to speak during the meeting that it may deprive other members of the public from the reasonable opportunity to speak.

17:10

The mayor may limit each speaker to less than three minutes.

17:13

Speakers present at the podium must state their name and city of residence and provide a speaker card.

17:17

Members of the public shall refrain from making personal, impertinent or slanderous remarks, and from becoming boisterous while addressing the city council or while attending the meeting.

17:26

Speakers will be taken first come, first serve in the order in which the cards are received.

17:29

Speakers' visual aids and appearances by phone or recordings are not allowed.

17:33

The city council is prohibited by state law from discussing, responding to, or taking action on matters raised during the call to the public, even if asked to do so by a member of the public, so long as the subject discussed by the speaker is not listed as a specific agenda item for council's consideration for discussion and legal action.

17:50

Individual members of the council may respond to criticism made by speakers, ask staff to review a matter, or request a matter to be placed on a future agenda.

17:58

Once again, the portion of this meeting is reserved for those wishing to speak on matters within the jurisdiction of the city council that are not listed elsewhere on tonight's agenda for discussion and legal action.

18:08

If you speak now about a topic that appears on tonight's agenda, this will be your only opportunity to speak on that item.

18:15

With that said, I'm gonna bring her forth.

18:17

I've got four speakers here for general public appearances, and the first speaker I have this evening is Carmen Vargas.

18:29

Please come forward, state your name and city of residence.

18:31

You have three minutes.

18:45

Professionally, I serve as a vice president for JP Morgan Chase.

18:49

And I'm here tonight as a neighbor, as a mother, and also representative of the Safe Shalomar campaign.

18:57

My husband, our child, and I live in the Shalimore neighborhood.

19:01

And like many of our neighbors, um, some of our favorite moments are simple ones, just like walking our dog.

19:08

And um through the quiet streets of our neighborhood and enjoying the safety and peace that that area provides for us.

19:16

I am here because I would like to protect the Shalomar golf course.

19:20

There is a cell agreement that we are aware of, and that will replace the historic site with high density housing.

19:27

Well, I understand the complexities of uh the growth.

19:30

This specific plan raises critical concern for our residents, such as overcrowding, increased traffic, and noise pollution.

19:38

More importantly, it threatens to eliminate one of the largest green spaces that we have in Tempe.

19:44

A green oasis, as definite as our community's quality life for decades.

19:51

The Shalomar Association and over a thousand petition supporters are standing together and firm opposition to this rezoning.

20:00

It's not just about a golf course, it's about preserving history.

20:04

It's about this iconic and beloved gem that we have here in Tempe.

20:10

Our community shows people value the space for recreation, wildlife habitat, and this neighborhood asset uh sustain our property values as well.

20:19

We support working collaboratively with the property owners, the city of Tempe, and all interested parties who has a favorable outcome for all stakeholders.

20:29

We believe there is a solution that respects the rights of the owners while preserving the character of her city.

20:36

Shalomar is worth saving.

20:38

Not just for her neighborhood, but for all of Tempe.

20:42

We ask that you stand with us in protecting this green space and denying the rezoning request.

20:47

Let's work together to find a solution that honors our history and protects our future.

20:53

Thank you.

20:53

Thank you.

20:55

Okay, the next speaker I have this evening is virtual.

20:58

Uh Diane Melrose.

21:03

Uh Miss Melrose, can you hear me?

21:06

Hello?

21:06

Hello, uh, please state your name and city of residence.

21:09

You have three minutes.

21:10

Okay.

21:11

Uh my name is Diane Melrose, and I live in Tempe.

21:14

Uh I'm in this year's Tempe leadership class, class XLI.

21:18

For those not well versed in the Roman numerals, that's 41.

21:22

The project our class voted on is called Storm to Shade, and the aim is to replace shade canopy in two central Tempe parks that lost trees during the October 2025 microburst.

21:33

Several areas throughout the city were hit hard, but we chose to focus on JC and Mitchell Parks.

21:38

These neighborhoods were devastated after the storm.

21:41

You don't realize how much you appreciate the shade and nature-ness of a tree until it's gone.

21:46

Working directly with the city's urban forestry department, JC will receive 15 trees and Mitchell will receive 18.

21:54

Trees and parks aren't just trunks with green stuff.

21:57

Neighbors have their favorite trees.

22:08

And that is why I would like to invite mayor, council, staff, and everyone else to our fundraiser art show next Friday, February 13th, at Rocket Space Gallery in Danell Plaza.

22:19

I know how everyone loves Danell Plaza.

22:22

We're using a pay as you wish model with a suggested donation of $20.

22:27

We will have over 115 pieces of artwork from nearly 70 local artists.

22:32

We will have a cash bar for those over 21.

22:35

Don't worry, we've obtained the necessary permits.

22:38

We will have raffles, including a piece from famed muralista Keelan Maney, as well as silent auction, including a lovely long canvas from everybody's favorite director of transportation and sustainability, Mr.

22:50

Eric Iverson.

22:52

Our fundraiser art show was made possible via a collaboration with Tempe Art and Music Coalition, also known as TAMSI.

22:59

This volunteer run nonprofit is dedicated to keeping the arts and live music scenes alive and thriving at Danel Plaza and other locations in Tempe.

23:07

Class 41 hopes to see many of your faces at the Art Takes Root Show to celebrate community resiliency, green space, and the unique art scene that exists in our city.

23:17

We will have six days with gallery hours and community events, all free and open to the public.

23:22

You can visit our website at StormTOShade.com for more info or check us out on socials as Class XLI.

23:32

Our closing event will be a potluck on Sunday, February 22nd from 10 a.m.

23:36

to noon.

23:37

And Tamsi is sponsoring live jazz music from local fusion clarinetist Joe Jacinto.

23:43

He is truly amazing.

23:45

So you should definitely come and enjoy good food, good community, local art, and local music.

23:50

Thank you.

23:50

Thank you.

23:52

All right, the next speaker I have this evening is Mario Martinez.

23:56

Please come forward, state your name and city of residence.

23:58

You have three minutes.

24:17

I live in Tempe.

24:18

The park ordinance related queen.

24:21

I have trouble pronouncing that Queen Kercy, uh bomb threat, that our 230 uh uh thousand dollar per year chief Ken McCoy asserted occur occurred, and that he was too uh impotent, legally impotent to prove, provides us with the tremendous opportunity to evaluate the law enforcement competency of the Cory Woods administration.

24:46

Corey, this is a direct question to you, and official negative inference will be assumed by your la expected lack of response.

25:00

Corey, isn't it true that your failure to provide provide effective law enforcement oversight of this uh alleged bomb threat is just another example of your mayoral cowardness?

25:08

Isn't that true?

25:09

Not on the agenda.

25:10

But keep going.

25:11

Okay, then it's I'll assume it is true.

25:13

Okay, no way.

25:15

No, no, Corey, Corey, I am speaking, I have the floor.

25:18

You will not assume we'll assume that that's true.

25:20

You will not assume that.

25:21

Yeah, I am assuming that's true.

25:23

All right, quit cutting into my time.

25:25

Quit saying Corey.

25:27

Quiet.

25:28

You quiet.

25:29

But Corey, during your administration, six people were arrested for making bomb threats.

25:34

One of these was at least one of these was convicted.

25:37

Five out of these uh people said they placed a bomb somewhere, which is exactly what a bomb threat is.

25:45

The Tucson lady who went by the Instagram named uh Katie uh Marie never stated that someone put a bomb somewhere.

25:54

Corey, can you name any other incident in Tempe under your administration or otherwise, in which someone was arrested for a bomb threat when they did not actually state someone placed a bomb somewhere?

26:08

Can you name any case?

26:09

Not on the agenda.

26:10

Okay, no, you can't.

26:12

Thank you.

26:13

Corey, there are numerous uh former Tempe employees.

26:17

Other than Connor Culver, who is clearly blowing the whistle on the verified corruption of you and your $370,000 per year city manager.

26:28

How many other former Tempe employees did your subordinates uh subpoena uh their social media records regarding a bomb threat that they had nothing to do with?

26:39

How many other no idea?

26:40

Not on the agenda.

26:41

Okay, there are none others.

26:43

And I I got I got a real problem with you guys sending uh 10 people or a SWAT team down to Tucson.

26:51

Three people in in on in Tempe in November got killed by confire, and you're sending a 10 member SWAT team down to get this unarmed lady who you couldn't even prove that she did a bomb threat.

27:05

Where are your priorities?

27:06

You talk about fiscal prior uh uh fiscal responsibility.

27:11

Look at look at look at how much your uh city managers are getting caught uh that's fiscal responsibility.

27:20

Time's up.

27:21

Well, you took some of my time.

27:22

You want 15 more seconds, yeah.

27:24

Yeah, okay.

27:24

I'm sick and tired of you playing this this game with us, telling how great you are about protecting us and not protecting us and using our money to put people in that jail across the street that were exercising their rights to post something on social media.

27:42

You gotta you gotta show you and your uh your uh uh your uh police uh uh police chief over there, gotta show up.

27:49

Okay, time's up.

27:52

Next speaker is Suzanne Casey.

27:55

Please come forward and state your name and city of residence.

27:58

You have three minutes.

28:04

Good evening, council members, mayor, and attendees.

28:08

Thank you for the opportunity to address you all.

28:11

My name is Suzanne Casey, and I have been living in the Tempe area for 30 plus years, and I would like to talk to you about something in the city of Tempe that is perfect right now as is.

28:24

Yes, I'm referencing the existing Shalomar golf course golf course zoning, which is ag one house per acre.

28:34

Right now, it is zoned such that the possibility of a golf course can reoccur.

28:40

It is zoned such that the green space can be maintained moving forward, which means a water recharge basin and trees for Tempe, which are crucial to combat city heat islands.

28:54

It means the possibility of keeping a community gathering space perfect right now as is.

29:30

Again, perfect right now as is.

29:35

So let us endeavor to keep the current zoning in place.

29:39

Thank you.

29:40

Thank you.

29:40

Appreciate it.

29:42

Okay, that's all the speakers I have are right now under public appearances.

29:45

Is there any else in the audience wishing to address the council?

29:47

If so, can you please get my attention?

29:51

All right.

29:51

Seeing none, we're gonna move forward to, as we talked about earlier, item number eight a one on the non-consent agenda this evening.

30:00

I should also mention too, all items listed on the non-consent agenda will be considered separately.

30:04

Agenda item scheduled for second public hearing and final adoption will be voted upon tonight.

30:08

Council members who may have a conflict of interest may abstain from voting on a matter, and the city clerk will provide the council members with a disclosure form at this time.

30:15

Item 8A1, we're now going to be uh considering 8A1 under the miscellaneous items bids contracts resolution section on the non-consent agenda.

30:23

Uh and this reads it's a quasi-judicial item, hold a public hearing for an appeal of the development review commission's decision to approve a use permit to allow a massage establishment for massage ACEs located at 1761 East Warner Road.

30:36

The appellant is Matt Smith.

30:37

The original applicant is Yin Yu Shi LLC.

30:41

Mr.

30:42

Labake, our deputy community development director for planning.

30:44

Good evening, sir.

30:46

Good evening, Mayor, members of City Council.

30:48

Uh the city of Tempe, Community Development Department would like to make a formal recommendation to you all of continuance on the appeal requests for massage ACEs.

30:57

This item was originally approved by consent agenda by the DRC, the development review commission.

31:02

That means that the action was taken without presentation, without any public input provided at the time of the hearing.

31:08

This time frame, we um for this first time we had an appeal case for the massage establishment use permit in quite some time.

31:15

So we thought it would be a good idea if we took the opportunity to take a deeper dive into massage licenses within the South Tempe area, conduct a research and evaluation of other sites with massage licenses, address some of the appellants' arguments with commercial center compatibility and identify any issues, complaints that could be reported back with the assistance of our police department and planning staff.

31:39

City staff would prepare this additional research and evaluation uh for the other massage assembly within the South Tempe area, and which would take place or take approximately four weeks to put together, including my report as part of the continued hearing appeal request.

31:54

We'd look for uh city council regular meeting scheduled for Thursday, March 26th to present this information.

32:01

Therefore, we request City Council to continue this matter to a date certain of March 26th, in order for the city staff to prepare additional research and evaluation.

32:10

Both the original applicant and the appellate on this matter are aware of the continuance request, and they are in full support at this time.

32:18

Thank you, Ryan.

32:19

Appreciate it.

32:20

So, really quick thing here, uh, too.

32:22

Just want to make sure we go through the formal process here.

32:24

Um, the appellant has an opportunity to speak here.

32:27

Uh that's Matt Smith.

32:28

Uh, would he like to speak on the request of the continuance?

32:32

Yes, sir.

32:36

Uh thank you, Mr.

32:37

Mayor.

32:37

Thank you, Council.

32:38

I do support the continuance of this.

32:40

I think it's the right thing to do, and I I think it will be good for the city, good for the neighbors, and good for businesses as well.

32:47

Great.

32:47

Thank you so much.

32:48

Appreciate it.

32:49

All right, I'm gonna look to uh Ben Zheng, who's representing the original applicant, Yin Yu Shi, to see if they would like to speak on the request for continuance of this item.

33:02

Okay, so hello Ayurva.

33:04

I'm Ben.

33:05

I'm I'm representative by Yin Yu, and this is my friend, uh Joline.

33:10

She she can be helped me to the interpreter.

33:13

Okay.

33:14

So as no more thing, my point is like I have a representative statement on me.

33:23

And she she can help me to read it.

33:26

So really quickly too.

33:27

So I don't mean to interrupt too.

33:29

Just for make sure, um, kind of just asking about the continuance.

33:32

We're not kind of gonna get into the merits of the case this evening, but just about kind of what your take is on the continuance motion itself.

33:39

Yes.

33:39

Okay.

33:40

Sorry about that.

33:44

We continue.

33:44

Not just a mail, we all choose some more.

33:47

Someone's demons is so continue.

33:51

Uh some that's what we're doing.

33:54

Okay.

33:55

So I can now read the um introduction of the representative statement, if that's okay.

34:01

Let's see.

34:02

Oh, I'll ask Mr.

34:02

Anderson.

34:03

Make sure we're all okay.

34:05

Uh Mayor, I'm not clear uh is it just to the continuance request or because we're not gonna discuss the actual appeal until we decide on whether the case will be continued.

34:18

Okay, so if I I have a few minutes, if you can allow me a few minutes.

34:22

Just to the continuance, whether you oppose or support a continuance to March 26th.

34:28

That's that's what's the mayor's requesting right now.

34:31

Is it's just to discuss that.

34:34

If the council votes to continue it, you will get an opportunity to make a full statement at the March 26th.

34:45

So I should I should also note just as a basic note and Vice Mayor was just saying to me too, it's just about whether or not we're going to then reconsider this item actually on March 26th of 2026 instead of instead of this evening.

35:00

So yeah, that's so that's all we're kind of discussing this evening is whether or not uh you are okay with the notion of us uh taking this up on March 26th.

35:05

Okay.

35:05

So maybe one sound yin doll sign of one usual sign you have fun time.

35:19

Okay, mom beyond she.

35:23

Can I ask you?

35:25

She's here.

35:26

Sure, absolutely.

35:29

Thank you.

35:49

Is that correct?

35:50

Uh my understanding is we will kind of like postpon everything until March right.

35:55

Okay, thank you.

35:57

Appreciate it.

36:01

Mayor, if it's okay, I'll just clarify that if the council votes not to continue, then we would go on to the merits.

36:08

So I I'm not clear if she understands what that just then sign your sign your OCG.

36:17

Okay.

36:17

Yeah.

36:18

Thank you.

36:19

So ma'am, just to clarify that the council will need to vote to whether if they vote yes, then everything will be discussed on March 26th.

36:29

If they should vote no, then we'll we'll keep going here, and then we'll you'll have an opportunity.

36:35

So okay.

36:35

Thank you.

36:36

I just want to make sure that you're clear.

36:38

Great.

36:39

Thank you.

36:39

Now I appreciate it.

36:40

Absolutely.

36:41

Yes.

36:41

Oh, thank you.

36:42

Thank you so much.

36:43

Appreciate it.

36:45

Uh council members, any comments or discussion on the request to continue.

36:49

Um council Burke.

36:51

Mayor, I move we continue item 8A1 to a date certain of March 26th of this year.

36:56

I second it.

36:58

It's been moved by Council Burke Keating and seconded by Vice Mayor Garland.

37:02

Any further comments or questions?

37:04

All right, hearing none, please vote.

37:08

And that item passes seven to zero, which means we're going to be then taking this item up on March 26, 2026.

37:15

Thank you.

37:21

All right, we're now going to get to item 8C3 under ordinances and items for second hearing and final adoption.

37:27

Uh the section on the non-consent agenda.

37:29

So I 8C3 is to hold the second and final public hearing to adopt an ordinance addressing public health, safety, and welfare by amending the Tempe City Code, Chapter 16, sections 26.70 and 26.71 by adding new requirements related to drink spiking prevention.

37:45

Uh first I'm going to turn here to Council Keating to see if there's any presentation by you.

37:49

Uh there is, Mayor.

37:50

Okay.

37:50

There is.

37:51

Let me just bring it up here.

37:53

Uh I will go grab the clicker if I can, Jason.

37:56

I'm not going to do it.

38:12

Let's see here.

38:17

I somehow managed to close my presentation.

38:19

Give me one second.

38:21

There we go.

38:24

Yeah.

38:30

Are we good, everybody?

38:31

Yes, ma'am.

38:31

Good to start.

38:32

Okay.

38:34

All right.

38:34

Umor, uh, colleagues.

38:37

So uh we did have that additional stakeholder meeting that that we mentioned, and it went very well.

38:42

Uh there has been several changes made to the ordinance to accommodate some concerns brought up by my colleagues that I would like to go over with you.

38:50

First, I'll just do a general run view for uh run through through anybody that maybe wasn't didn't tune in to the exciting must-watch TV of our of our first read.

38:58

So we'll go through the basic ordinance and then kind of talk about the changes made, and um we'll go from there.

39:05

Um yeah, it's got to do it on my screen too.

39:08

All right, so the ordinance goals, of course, are to increase patronage and public awareness around drink spiking, strengthen Tempe's nightlife's uh safety reputation and perception and reality to encourage people who haven't been to Tempe in a while or are used to come here and and you know don't anymore to give us a kind of a second look and to deter would-be predators by signaling strong enforcement accountability in the city of Tempe.

39:32

The policy outline uh drink spiking testing kits uh are available to patrons, a minimum of 10 kits to start the inventory.

39:39

This is the only operating requirement of my sorry, I'm doing on two screens here.

39:46

This is the only operating requirement of the committee's uh proposed policy.

39:51

Businesses can be fully compliant for at least the first year, if not more at no cost, through partner funded kits and covers.

40:01

Bars may sell the devices.

40:03

Uh devices run anywhere from $1.50 to $5 per unit at a 50% markup.

40:08

So for example, if I am selling a $1.50 kit, a 50% markup on that would be to sell that kit for $225, with the idea that each kit replaces itself and half of another kit to make sure that the affected establishments are uh never short of inventory.

40:27

We do have an incentive in this uh tax incentive.

40:30

So we the testing kits is a requirement of the proposal.

40:34

However, if we go above and beyond and you're offering drink covers to your patrons as well, those can be stickers, those can be reusable covers, they can be plastic lids.

40:43

Then we would like to offer those establishments that are going above and beyond the sphere of the ordinance, a 25% discount on their liquor license, annual liquor license renewal with the city of Tempe.

40:56

There's been some uh changes to the ordinance based on the feedback I heard at last meeting, not only from stakeholders, but my esteemed colleagues.

41:03

So we'll go over those now.

41:04

Uh removes language uh permitting patrons to bring and use their own personal drink wear.

41:09

The initial thought behind this was this makes the the cover aspect of the uh the the incentive part of the policy easier to obtain.

41:19

However, after hearing feedback from bar owners and stakeholders, you know, we just kind of decided this is more uh uh more challenges than it's worth in order to move the ordinance forward.

41:30

So after our meeting, we did end up uh removing that uh provision from the the current draft.

41:36

The original liability language has been replaced with the following.

41:39

The goal of this language was to uh detour predatory type lawsuits to say, hey, look, that this is not in the realm of um uh liability for for anyone participating in the in this ordinance.

41:54

You can see the uh the language up there on the screen.

41:57

This language was crafted with the help of and reviewed by both the Arizona Restaurant Association and the Arizona Um Leverage uh licensed beverage association.

42:06

Um, and I'm very pleased that they will both be speaking on this ordinance tonight.

42:12

We've added some things to the ordinance as well that we would like to cover.

42:17

Uh the effective date has been moved to August 1st.

42:20

This is this extended timeline will allow stakeholders and staff prepare for implementation, allow for the education program that you'll be hearing about a little bit later on today to be more fully built out and implemented as we kick off to uh get this ordinance in place right as the students are coming back from their summer vacation.

42:38

Um right, we already talked about the oh, we uh we added a you know a stipular uh a preamble that includes that the city is uh formally developing an education campaign to the kick off this ordinance.

42:54

Um we it enables PD to grant exemptions to venues that are not typically aligned with nightlife environments.

43:01

Uh I'm thinking of places like Mirabella, uh friendship village, things like that that may have alcohol available within the timeline subject to this ordinance that clearly is not you know somewhere that we are we are trying to target.

43:15

So that'll be at the discretion of the police department.

43:19

Um it also clarifies that the kit requirement for for uh the police department is for investigations only and is not for public distribution.

43:27

Um police are not expected to stock and sell these to anyone there expected to use them to investigate possible crimes.

43:36

It specifies the chief of police, the authority to add additional requirements, but to the optional program only, uh not to add any sort of additional uh mandate um uh on uh participating businesses.

43:52

On the right screen here, um sorry, I'm again confusing trying to do it.

43:56

Uh uh permits for series six and twelve licenses to serve alcohol past midnight for special occasions, uh maximum three days a month.

44:04

This was asked for uh during our stakeholder input.

44:07

Um basically it's like look, uh New Year's Eve.

44:10

Uh, we're gonna do a champagne toast at midnight.

44:13

Uh, we don't think that this should fall.

44:15

Normally we're not open that late, but you know, we're doing a special event.

44:18

So I mean, I think that makes a lot of sense.

44:20

I don't think that sacrifices anything with regards to public safety.

44:23

So we wanted to include that as well.

44:25

It clarifies terms that harmonized language across the mandate subsection and optional safe bar program subsections.

44:31

Lab certified tests was with um a reference to councilmember Amberg's concerns about about the validity of the tests and where where are we getting them?

44:40

Um lab certified essentially is impossible to buy uh uh a commercially available kit that's not lab certified.

44:48

If you go to CVS, you go to Walgreens or lab certified.

44:51

If you go online, the lab certified any organization that provides them will be lab certified.

45:00

It just means that some random Yahoo can sell tests on the back of their car, and that would be in compliance and make sure that there is an expectation that this is a professional product that will do the job that it is advertised for.

45:18

This was around uh actually might be on my next slide.

45:21

Um it's not.

45:23

So uh this was around the concerns of hey, what happens if uh I believe Councilmember Amberg brought it up?

45:29

What happens if I come in and I get uh test after test after test after test and the bar runs out of these tests?

45:35

Um, they will not be subject to any sort of penalty for that.

45:38

Um, and they'll you know hopefully make a little bit of money if that's the case, though I would discourage that type of behavior.

45:45

Um we we change the the sign um provisions that allow it the our language to go on existing signs.

45:53

So a lot of bars uh all over the nation, but I know that there's a few in Tempe that already have like what's called an angel shot.

45:59

Uh this is a a pseudo fake drink that you can order from your bartender or or your waiter or waitress that basically says, hey, I'm in an uncomfortable situation.

46:10

Can you please provide assistance?

46:12

There are these things are already being advertised, so we're saying it you can include our language on existing signage, and you do not have to have uh any new sort of signage put up.

46:22

Um signage must include lettering in the ordinance right now.

46:26

It's written to be one inch tall.

46:28

Um that was pointed out to be quite large.

46:31

Uh, we're going with the more industry standard of not to be less than a quarter inch tall, but we're not saying how big it has to be at least a quarter inch tall as opposed to one inch, and I'll be making that um revision uh as we get closer to um voting.

46:49

Here's our stakeholder input.

46:51

Um we've all in our packet have received letters um and support from uh the graduate student government of ASU, Tempe Union High School District, uh the undergraduate student government, Planned Parenthood Action of Arizona, the Arizona Student Association, the Alcohol Justice League, Tempe Coalition, Representative Brian Garcia of LD8, Think Twice, No More, and Nightcap.

47:13

And that is it, Mayor.

47:15

I can take all right.

47:16

Are we doing public comment or doing questions first?

47:18

Ah, I'm gonna keep going down the list of all the stuff in my script here, but but thank you for the presentation.

47:23

Appreciate it.

47:24

All right, next up, um, do I have Chris Baxter Ging, our city's communication director, if she could step forward.

47:44

Good evening, Mayor and Council.

47:45

I'm here tonight with Pat Shanahan and Susie Steckner, PIOs.

47:50

If you want to come forward, please do.

47:51

Uh they have helped us put together a communication plan for you this evening.

47:56

Should this ordinance go forward?

47:59

So we had a limited amount of time to do this, so it's very, very uh rudimentary, please understand.

48:06

And as we get, if this ordinance moves forward, we will do substantially more work on this.

48:11

We have some goals, which is to increase the awareness of drink spiking and the warning signs that people uh who have may have had a drink spiked would experience, promote easy ways to understand uh prevention steps, normalize the reporting and seeking help and teach people about available safety tools.

48:28

The audience are definitely students and younger people, people who go out and experience the nightlife.

48:35

Um we're not gonna do this alone.

48:37

Tempe Coalition already does a great amount of this work, and we are going to rely on them heavily.

48:43

Um they're gonna leverage existing grant funds, assist with the drink spiking messaging, and they will help us coordinate and lead in-person outreach.

48:52

Um, also, they already have inroads to the schools, so we're gonna take advantage of that opportunity and work with them.

48:59

So we know that council asked a lot about middle and high school outreach, and that's an important part of this campaign.

49:05

Um, again, there's uh Tempe Coalition already hosts alcohol awareness classes.

49:11

They get that messaging out there, and they have a 10-week class that already exists that drink spiking can be placed into.

49:20

So we've gone through and found a variety of tools that can be used.

49:24

Uh, some of them are free, some of them are city tools, some of them have a cost associated with it, and the appropriate choices will have to be made at the right time.

49:33

Um, but our city of Tempe has several free tools.

49:36

Our news releases, our media outreach, Tempe Today, Tempe this week newsletters, a web page on our website, our social media, but beyond that, the relationships we have with other people's social media.

49:48

And then just the fact that we have community centers that we can leave information on, like we do so often.

49:54

We also have great relationships with Harkins.

50:00

We can use theater screens, which obviously a lot of young people are going to the movies.

50:02

And those downtown Tempe kiosks on the corners are another great place to reach people where they already are.

50:08

And then, of course, events, young people are at a lot of events, including things like Tempe Jam.

50:16

ASU student outreach.

50:17

It's no secret that we have a lot of ASU students in our community.

50:20

There's a great off-campus student housing newsletter that reaches about 10,000 people.

50:25

We get to put things in there for free.

50:26

And this could be something that is included in that.

50:29

Media coverage with our state press and ASU News.

50:33

And then, of course, Tempe Coalition already goes to the Greek houses and does presentations again, relying on them for that.

50:42

And then we'd like to work with ASU to get something in freshman orientation.

50:46

Some of the low cost things we can do.

50:49

ASU has a variety of paid tactics that we could look into depending on how much budget is available.

50:55

Again, Tempe Coalition has money set aside already to do alcohol prevention messaging, and we would work with them to figure out what they think would be the right things to do.

51:06

But things as simple as tabling events, um, posting to ASU social media, and then they have these great opportunities to get on radio broadcasters during ASU football games and other things like that.

51:18

Um, but budget would be determined by them with our assistance, and we would look to see what tools would be the best uses.

51:27

Um also real Salado College.

51:29

While it's mostly an online college, they do have uh students on campus as well, and we would look to partner with them using their tools.

51:38

Finally, um we were asked to create a sample sign.

51:41

Um we didn't want to just put the scary language of drink spiking is illegal.

51:45

We wanted to actually give some direction on how people could get help.

51:48

If you're already feeling, if you're in the bathroom, you may already be feeling ill from a spike drink.

51:54

This is the right time, the right place to reach somebody with that information.

51:58

So the QR code is there.

52:00

If it doesn't feel right, ask for help, and here's how to do it.

52:05

Um the creative work.

52:08

We have a great team of creative people, but we are not 18.

52:13

Uh, we're not typically the ones who are going out to the clubs.

52:16

Um, but that being said, a lot of people here tonight and at previous meetings are of that age, and we would like to rely on them to help us come up with a great creative that can assist us in reaching that target audience.

52:30

We'll work with them to make sure that whatever tactics are chosen are going to be the best value, and obviously the creative would be ready before a program launches.

52:39

But again, all of this is if this ordinance moves forward.

52:43

And with that, here's how uh do you have any questions?

52:47

And here are the people who are available to answer.

52:49

Also, we have people from Tempe Coalition and Tim Birch here.

52:53

Thank you, Chris.

52:53

Appreciate it.

52:54

Um, Council Burke.

52:55

Uh thank you, Mayor.

52:56

Uh, thank you very much for you and your team for putting this together for us.

52:59

And and uh I'm really happy with what you've brought back.

53:02

I know it's a work in progress, and we're gonna continue to develop it and make it more robust.

53:06

I want to note that uh Tim from ASU was unable to make the meeting tonight due to a conflict, but we had spoken about this about ASU's involvement in moving uh more formal uh Tempe and ASU partnership forward in with regards to educating the students.

53:21

And I do want to point out we had talked about this um you know, just so for my colleagues' benefit, you know, the the QR code taking us to uh a site on the Tempe page that not only lists um you know signs and symptoms and prevalence of drink spiking, uh, information about what to do as far as if you need help, and then access to victim services as well, if you've been a victim office.

53:45

So we want to have like a resource center that is easily accessible to anyone that is able to scan that QR code, maybe put a URL on there too for those of us that don't like QR codes.

53:55

Well, I do, I do, but some people don't.

53:56

QR codes are fine in my book.

53:58

No, we will have a we'll have a very robust website with lots of different ways to get to that information, both on the signage and all the other things that we would produce as part of a campaign again if this ordinance moves forward.

54:09

I I appreciate that, and I look forward to to working with you and your team to you know on the education aspect and getting our best foot forward on it.

54:16

So I do think it is important that when the students come back and everyone and we're gonna come August 1st.

54:22

We want to make sure that we are firing on all cylinders.

54:24

So I think you've done a great job.

54:26

Thank you.

54:26

We'll be ready.

54:27

Thank you.

54:27

Thank you.

54:28

Councilmember Hodge, then Councilmember Amberg.

54:31

Thank thank you.

54:32

Um, Chris.

54:34

Cool.

54:36

This is like this is what happens when you're not you asked, and you asked if there were any questions, and you're like, oh, I'm good.

54:44

I love it.

54:47

Not everyone.

54:51

Apologies, Councilmember Hodge.

54:53

No, not Chris.

54:56

Um, my my uh is it's not a question, it's like a suggestion.

55:00

Um if this passes or when it passes, we would I would like for us to work with um the school districts with their PELs to actually kind of I know that the Tempe Coalition is working with it, but also to bring it in to our schools to our middle schools to make sure it's kind of connected when they go into high schools and in our high schools that have some information around it on our website.

55:23

So I would love if you can work with them to get that um added into Tempe Coalition does have existing programs that they rely on for students, and so we would um lean on them to add drink spiking to what they currently do in the middle and high schools.

55:47

Yeah, they do, but there's also parts that sometimes you know, just a little bit touch to it that when you like when you come into a packet when you're going into a school, that is something that's actually done directly with the school districts.

56:02

So I'm saying, you know, just meet with them and see where we can add it in.

56:06

I know Tempe Coalition has a big chunk of it, but there's also parts and pieces that it is the school district itself, and I just want to make sure that we get cover, and we're gonna cover a basis, cover all bases.

56:18

Yes, absolutely.

56:19

Thank you.

56:21

Thank you, Council Brewer.

56:23

Yes, thank you, Mr.

56:24

Mayor.

56:25

I don't know that this is necessarily a question for you, Chris.

56:27

It may be a question for uh governing board member Hodge.

56:31

Um three o'clock in the morning is when I have my best ideas.

56:34

So three o'clock this morning.

56:36

I actually had what I thought was a fantastic idea, and I wanted to run it by you here to put you on the spot.

56:41

So I've got four kids that graduated from high school in Arizona.

56:46

You have to take a half a year health class in order to graduate.

56:49

Is there any way we could add drink spiking into that health class course that way every student that's graduating from high school and at Tempe Union High School District is actually going through a drink spiking program?

57:00

Well, you know what?

57:00

I have my colleague in the back, Amanda Stew, who's the vice president, and I think we can definitely take that to our curriculum department and and and have that conversation.

57:11

So I don't think that that's you have two governing board members saying yes, we can bring that to our school districts.

57:17

We have a third of them.

57:19

Where?

57:19

Andrew's oh the back of the left.

57:23

Okay, we have three then.

57:24

Yes.

57:26

Yeah, practically a quorum, actually.

57:28

But not for the record, but not.

57:30

But not because I'm not a gut technical W board member tonight.

57:34

But yes, we um with that.

57:36

I think we all in agreement that we can bring that to our district.

57:41

Thank you.

57:41

Thank you.

57:42

Council Burke.

57:43

Uh Councilmember Amberg, I think that's a great suggestion.

57:47

Thank you for it.

57:47

My only question is are you still awake at 3 a.m.

57:50

or are you waking up at 3 a.m.?

57:52

It depends on the morning.

57:53

Yeah.

57:55

And kind of the night.

57:56

Loud and clear.

57:57

Yes.

57:59

All right.

57:59

Uh, anyone else from council with any further comments for Chris or her team?

58:04

I did want to add that Pat did a significant amount of research, and he did not find any other ordinances that had education as a component of them.

58:13

So this is groundbreaking, and we have a chance to set the tone for other cities.

58:18

Thank you.

58:19

Thank you.

58:20

Thank you, Chris.

58:20

Thank you, Susie.

58:21

Thank you, Pat.

58:22

Now I'll leave.

58:24

I'll see myself out.

58:26

Um, next up, if uh Lieutenant Greg Bacon from the police department would like to come forward to make a statement.

58:42

Good evening, Mayor Woods.

58:43

Good evening, Council.

58:44

Uh the Tempe Police Department supports any initiative that provides a benefit to public safety and a sense of overall safety for our community members and visitors alike.

58:53

As it pertains to a drink spiking ordinance, the program may provide for immediate onset evidence and fact gathering that could allow for early victim reporting and police intervention.

59:04

Drink spiking cases are often precursor offenses to more harmful persons' crimes such as sexual assault or uh property crimes such as theft.

59:13

Again, the temp police department remains committed to public safety and reiterate support of any initiative that provides a sense of safety for the community, which we proudly serve.

59:23

Thank you.

59:24

Thank you.

59:25

Appreciate it, Lieutenant.

59:27

All right, quick thing.

59:28

Uh council, any further comments or questions for staff.

59:33

Okay.

59:34

Let me go ahead now and take the public testimony or council uh chin, did you have something before we start with the public testimony?

59:41

No, I'll go.

59:42

Okay, sounds good.

59:43

Excellent.

59:45

Thank you very much.

59:46

There are a lot of speakers though, you sure?

59:49

All right, just wanted to double check.

59:51

All right, so we'll once again take these cards in the order in which they were received.

59:55

The first speaker I have this evening is Danya Sherman.

1:00:01

Please come forward, state your name and city of residence.

1:00:04

You have three minutes.

1:00:09

Good afternoon, evening, and thank you for the honor to be able to speak today.

1:00:14

My name is Dania Sherman, and I am the president of NOPE as well as the executive director of No More.

1:00:20

And I wanted to speak today to reiterate our commitment at NOPE of donating close to $50,000 of drink drug test kits to be able to support and jumpstart the community to have resources of drink drug test kits at no cost to the community itself.

1:00:39

We have had productive conversations within the community and would be happy to do this grant either through the city council and or through the Chamber of Commerce to be able to support in those connections and relationships within the community.

1:00:53

Separately, I have worked for almost 10 years in education in combating drink spiking and drug facilitated crime.

1:01:01

I am heartened and incredibly excited by the work that was just presented from our colleagues and your colleagues, and would love to also pledge our support in being able to support on the educational resources and materials, data around how to best support nightlife safety for all, not just through the drink drug test, through education and advocacy alike.

1:01:24

Together, drink spiking is really something that can be championed in making sure nightlife is safe for all.

1:01:31

And what Tempe is doing through this ordinance and also through the addition of the education, as mentioned from your colleagues, is revolutionary, precedential, and something that really can add value to the community.

1:01:43

Drink spiking and drug-facilitated crime is oftentimes seen as an issue that can only affect women.

1:01:51

And in reality, it's not.

1:01:54

I can guarantee you today you'll hear from colleagues as well as college and dating age individuals and other people who are brave enough to share their experience.

1:02:03

Drink spiking can affect anyone regardless of age, gender, geographic location.

1:02:09

And my focus and passion around what I've committed my career thus far for again close to a decade is being able to make sure that resources and education is available for when people need it, with the idea that if they are available, as Lieutenant Bacon mentioned, that there can be an element of prevention and advocacy to make sure that resources are in place so that people can say nope, as well as no more.

1:02:38

So thank you so much for your uh support.

1:02:41

I hope you vote yes.

1:02:43

And if this ordinance passes, I uh pledge our full support and commitment to being able to make sure that this is successful for the city of Tempe.

1:02:52

Thank you.

1:02:52

Thank you.

1:02:53

Appreciate it.

1:02:55

The next speaker I have this evening is Donald Franklin Zyrich.

1:02:59

Please come forward, state your name and city of residence.

1:03:02

You have three minutes.

1:03:03

Also, I never realized that your first name was actually Donald, which of course is my middle name, so great.

1:03:09

Good to see you.

1:03:10

Yeah, good.

1:03:11

Uh good evening, Mayor Woods, Vice Mayor Garland, distinguished council members.

1:03:15

My name is Franklin Zyrik, and I'm practically a lifelong resident of Tempe.

1:03:19

I'm speaking tonight in support of the proposed drink spiking prevention ordinance.

1:03:24

Tempe is a college town, home to Arizona State University's main campus with 55,000 students and a bustling nightlife district.

1:03:32

Unfortunately, some individuals who frequent bars and nightclubs in Tempe stealthily use chemical substances to take advantage of their dates, which can lead to sexual assaults and other negative outcomes.

1:03:44

A vast majority of the victims of drink spiking are young women, particularly students.

1:03:49

I commend Councilmember Randy Keating for stepping up to address this issue.

1:03:54

The proposed ordinance is a reasonable measure to combat drink spiking while not imposing an unfended mandate on local businesses.

1:04:01

Businesses must make drink spiking detection kits available to their patrons and can even charge a small markup.

1:04:08

Signage to explain that the kits are available as a negligible cost, plus partners will cover the cost of the kits for the first year, as we just heard.

1:04:16

Establishments that also offer drink covers may qualify for a significant reduction in their city liquor license fee.

1:04:23

This is a good example of rewarding businesses for being responsible community members.

1:04:28

Considering that over half of surveyed ASU students know a victim of drink spiking, and one in four surveyed Tempe residents have been a victim of drink spiking.

1:04:37

The city must take action to address this issue.

1:04:40

I urge a yes vote on the proposed drink spiking ordinance.

1:04:43

Thank you.

1:04:44

Thank you.

1:04:44

Appreciate it.

1:04:46

The next speaker I have this evening is Jennifer Glendy.

1:04:52

Please come forward, state your name and city of residence.

1:04:54

You have three minutes.

1:05:00

Thank you, everybody, for the opportunity to speak.

1:05:01

My name is Jennifer Glendy, and I am a lifelong resident of Tempe.

1:05:06

I'm here tonight as a Tempe patron and as a mom.

1:05:09

I have a daughter, Jaden, who's a senior at Corona, and daughter Macy, who's 20 years old who goes to college in Illinois.

1:05:16

Before Macy left for school in 2023, I actually bought her one of these $12 nightcap drink covers for school.

1:05:24

I knew that she was going to go to parties.

1:05:26

That's the kind of job she is.

1:05:27

And um, and I knew that she was going to be around that type environment.

1:05:30

And it wasn't something that was scary or weird for us.

1:05:33

It was just part of safety.

1:05:36

It's just normal part of family plans to send our children out who are gonna do that with safety tools.

1:05:42

Um and that is why I'm in support of the drink spiking prevention ordinance.

1:05:46

It is a low-cost common sense safety measure that reflects the reality people live in, like myself.

1:05:52

It doesn't overreach, nor is it heavy-handed, and it doesn't stigmatize businesses.

1:05:57

It normalizes prevention in the same way that seat belts or fire extinguishers or bike helmets were normalized over time.

1:06:05

What matters to me as a customer is choice and visibility.

1:06:10

This ordinance provides both.

1:06:12

It gives patrons reassurance while giving businesses flexibility.

1:06:16

Establishments can recover costs, they can responsibly generate modest revenue from prevention tools.

1:06:22

Customers will recognize and request.

1:06:30

Tempe is also often where people start their nights before heading to other areas.

1:06:34

Um I know I do often as I head north.

1:06:37

Uh having these tools readily available here means businesses can benefit first while reinforcing Tempe as a city that leads on safety.

1:06:46

And as a Tempe resident, I want to support businesses that take safety seriously, especially when it creates new revenue opportunities.

1:06:54

And as a parent, I want my daughters and other young people uh to enjoy this city with confidence as well as myself.

1:07:00

This ordinance supports both goals and positions Tempe as a leader, and I urge your support.

1:07:06

Thank you.

1:07:07

Thank you.

1:07:09

The next speaker I have is virtual.

1:07:11

That's Angelica W.

1:07:18

Angelica, can you hear me?

1:07:27

Angelica, can you hear me?

1:07:29

Yes, I can hear you.

1:07:31

Can you hear me?

1:07:32

Yes, please state your name and city of residence.

1:07:34

You have three minutes.

1:07:36

Um, well, first, um, good evening, mayor and council members.

1:07:40

My name is Angelica and I leave in Phoenix, but I am a grad student at ASU.

1:07:46

I'm here tonight to speak in support of the post ordinance on drink spike and education and prevention.

1:07:53

Um, I want to say that um this is the first time that I have talked about these experiences out loud.

1:08:00

But when I was 21 years old, I went out one night with my friend that evening.

1:08:05

I met someone through major friends in that group.

1:08:08

Um everything felt fine and safe.

1:08:11

At some point we decide to go to the bar of the nightclub um to get more drinks.

1:08:16

I do not remember exactly when or where it happened, but now I know that my drink moss has been a spike.

1:08:25

As the night went on, um, I started off from there.

1:08:29

My memory becomes unclear.

1:08:31

I remember only three moments.

1:08:34

I remember being Keith.

1:08:36

I remember being taken out of a night called by this man.

1:08:39

I remember being carried up to a flight of stairs.

1:08:42

I remember him on top of me while I was thinking no for the leader's strain I had.

1:08:47

I remember being in a shower.

1:08:49

I remember being put into a car, and then I was home.

1:08:52

That's all I are.

1:08:53

That's all I remember.

1:08:56

Um at the time I had never been intimate with anyone before.

1:09:01

And denied my ability to consent was taken from me.

1:09:05

My sense of control and safety and safety was taken from me.

1:09:09

The memory loss made it even harder to understand what had happened, or if I could even talk about it afterward.

1:09:16

I was a sister, a daughter, a friend, a woman, and a human when I was sexually abused.

1:09:23

This is why these ordinance matters so much to me.

1:09:26

If I had known about a drink nightcap or a sign that said that the police provide some keys to test my drink, my night could have gone completely different.

1:09:36

Mine and many other women who have suffered from sexual assault because they were drug on a night owl.

1:09:43

So these ordinance can make a change.

1:09:47

Drink a spiking from a person's ability to make choices or protect themselves.

1:09:53

We leave people confused and sure and often silent afterwards.

1:10:00

Not because he did no matter, but because they are left without clarity or proof.

1:10:06

Going out, it should be free.

1:10:07

It should be a moment that you step away from life pressure or school.

1:10:14

It should not be a nigh to for you to fear.

1:10:19

Or even my loose, my less memory of what that nine um was.

1:10:25

Or even that someone might do something to you without your consent.

1:10:30

If these are an instance is approved, you will help to protect people like many students.

1:10:35

I'm sorry, that's time.

1:10:37

But thank you so much.

1:10:38

Appreciate it.

1:10:38

Yes, thank you.

1:10:40

Absolutely.

1:10:41

All right.

1:10:41

The next speaker I have this evening is Don Isaacson.

1:10:48

Is Mr.

1:10:48

Isaacson here.

1:10:52

No, okay.

1:10:54

All right.

1:10:54

The next speaker I have is Whitney Wingfield, who is virtual.

1:11:04

Um, good evening, Mr.

1:11:06

Mayor and uh fellow council members.

1:11:08

Um my name is Whitney.

1:11:09

I am a um proud ASU grad and also a um bar and restaurant owner.

1:11:14

I'm also involved in a special event business in the city of Tempe.

1:11:18

Um, I initially was very much in opposition of it.

1:11:22

Um of the ordinance due to signage and just the the regard of being able to bring in your own outside containers and proposing me at risk with the you know Arizona Department of Liquor License as a control with people taking outside containers.

1:11:39

Um I must say um Councilman Keating was very welcoming um and went on his own time and um out of his way to explain how the ordinance would help businesses and other women throughout the city of Tempe and was very very helpful in explaining and actually modifying um that legislation that you would be able to bring in outside containers and also from a kind of gross standpoint of people are bringing outside germs into the bar and bringing their own cups.

1:12:06

It just kind of was um not very welcoming to me, but um, going forward, me and also uh fellow business owners kind of in our corridor.

1:12:15

Um speaking from final round is also an agreement of the new proposed legislation, um, provided that this passes, and um be happy to um go ahead and be on board with it and continue to have little or no calls for service from the city of Tempe as far as things like that and be a warm, welcoming place that women can feel safe in in liquor establishments in the city of Tempe.

1:12:42

Thank you so much, appreciate it.

1:12:44

Okay, the next speaker I have is also virtual, uh She Wor Bernarde.

1:13:00

Let's see.

1:13:02

Good evening, subcommittee.

1:13:04

Uh, thank you so much for having me tonight, and thank you to everyone who has shared their stories tonight.

1:13:10

Um, I'm the CEO and co-founder of the company called Nike App.

1:13:15

Uh, we we saw drink spiking prevention products.

1:13:19

I heard um a lovely mother telling everyone that she sent her daughter to college with one.

1:13:25

Um, we sell universities, military bases, nonprofits who've sold over a million units, which is just showing you how big of an issue this really is.

1:13:34

Um, we are providing the 30,000 drink covers and 60 dispensers because of one of our partners that we work with that wants to give back to the city of Tempe.

1:13:46

Um, I heard earlier tonight on the call, um the PR initiative, which I think could really help us and our partners if we actually highlight the people that are um helping us with uh providing these for free to bars because if we can highlight this, um it will really uh incentivize other sponsors to come in and continue to provide drink covers to bars for free.

1:14:16

So I'd love to connect with you on that so we can continue supporting Tempi.

1:14:20

Uh, in addition, our social media has over 350 million views in the last four to five months, simply talking about bartenders giving these out for free.

1:14:30

Uh, we plan to highlight, you know, you guys as well in Tempe, but people are really uh really excited for these initiatives um and think that these should be implemented already.

1:14:40

So anything that um we can collaborate on, we're happy to um our social media is bringing in a lot of attention, and I know that's been a topic tonight of um education and awareness, and that is a huge thing that we do.

1:14:52

So if anyone needs help reaching the younger generation, we are happy to be a part of that.

1:15:00

Um, and you can reach out to us with any questions, but we're just really excited to be a part of this and give back and we appreciate all of you guys for the support.

1:15:08

Thank you so much.

1:15:09

Appreciate it.

1:15:10

Okay, the next speaker I have is TR Fu uh Fiurakawa.

1:15:16

Please come forward, state your name and city of residence.

1:15:18

You have three minutes.

1:15:24

Good evening.

1:15:25

My name is Tiara Fudukawa.

1:15:27

Um, I've been I'm from Santana Valley, Arizona, but have been living in Tempe for the past three years as I attend ASU.

1:15:34

I was at the first um council meeting that where this ordinance um was talked about, and I kind of just wanted to reiterate the importance and also my support as this is I think a great preventative measure to protect customers.

1:15:46

Um, just coming from a standpoint of a student leader on campus, um, and just as a college student in general, I do think that um just students in general would rather pay a few bucks to get a drink spike test um rather than you know spend hundreds or thousands of dollars getting treatment at a hospital following a drink spiking case.

1:16:05

Um, and recently I've been able to uh I had a few friends tell me that they stay away from um certain bars or restaurants because of their reputation or the frequent occurrence of drink spiking at those establishments.

1:16:20

And when I was when I brought up, you know, the potential of this ordinance and like what it can do, for instance, with having signage in the bathrooms, um, they had all agreed that they would feel more reassured knowing that there are safety measures and ways to kind of prevent getting their drinks spiked.

1:16:36

Um, overall, I feel like this ordinance would make um establishments safe for um everyone, but also women, especially because they are frequent victims of drink spiking.

1:16:46

Um, I do hope that this ordinance um passes um in as a way, you know, because this is a great way to bring awareness to drink spiking, uh, bring more people out to um Tempe's nightlife as well.

1:16:59

Thank you.

1:17:00

Thank you so much.

1:17:02

The next speaker I have this evening is Jessica Mendoza.

1:17:07

Please come forward, state your name and city of residents.

1:17:09

We have three minutes.

1:17:20

Good evening, Mayor and Council members.

1:17:23

My name is Jessica Mendoza, and while I live in Phoenix, I am the co-executive director of the Arizona Students Association, and I am here representing the thousands of students who call Tempe their home.

1:17:35

I don't have to tell you that Tempe is a college town.

1:17:38

We've heard it many times before tonight, and I'm sure you've seen it with your own eyes.

1:17:43

Nightlife is a part of that reality though.

1:17:45

And while it should be about connection and community and fun for too many students, especially young women, it comes with something else, a constant vigilance through questions like is my drink safe?

1:17:59

Am I watching it closely enough?

1:18:01

Will anyone believe me if something happens?

1:18:05

Before a night out, we have students that will often text their friends screenshots of what they're wearing or addresses they're going to as a just in case.

1:18:14

They watch their drinks, they don't go to the bathroom alone, they hold their cups tight, and if something fills off, they often blame themselves for not being careful enough.

1:18:26

That fear didn't come from nowhere.

1:18:28

Drink spiking is very real.

1:18:30

It's also very underreported because when it happens, students worry that they won't be believed, that they'll be blamed, or it's somehow or entirely their fault for going out in the first place.

1:18:42

The result is that a burden of prevention almost entirely falls on the individual, an individual within an environment that they cannot fully control.

1:18:54

This ordinance matters because it says something different.

1:18:57

It says that safety is not just an individual responsibility.

1:19:02

It says that students deserve protection in public spaces, and it says that TEMPE is willing to do something before someone is harmed, not after by requiring venues to make drink spiking test kits and drink covers available.

1:19:21

Tempe is recognizing that safety is a shared responsibility between patrons, businesses, and the city.

1:19:30

It's about acknowledging the risks and responding with cost neutral tools that include incentives that help reduce risk and liability.

1:19:40

And it's designed to work with establishments, not against them.

1:19:44

From a student perspective, this ordinance sends a powerful message that Tempe takes student safety seriously.

1:19:53

Students are asking for reasonable steps that prevent harm before it happens.

1:20:00

Much like ASU is known for innovation.

1:20:02

Tempe has an opportunity to embody that same spirit.

1:20:06

By passing this ordinance, you can turn bold ideas into real policy and public safety solutions that not only lead in Arizona, but has the potential to lead nationally.

1:20:21

On behalf of students, we urge you to vote yes.

1:20:24

Thank you.

1:20:25

Thank you.

1:20:27

The next speaker I have this evening is Sharon Doyle.

1:20:32

Please come forward, state your name and city of residents.

1:20:34

You have three minutes.

1:20:38

Thank you.

1:20:39

Good evening, Mr.

1:20:40

Mayor, City Council members and staff.

1:20:43

I my name is Sharon Doyle, and I have the privilege of serving as the chairman of the Tempe Coalition.

1:20:49

And I'm speaking tonight on their behalf.

1:20:52

On behalf of the coalition, we express our strong support for the proposed ordinance on drink spiking education and prevention.

1:20:59

This ordinance represents an important step in protecting the safety of Tempe residents, of their visitors, and especially of the young adults connected with the Arizona State University community.

1:21:11

Tempe's vibrant nightlife and large college population underscore the need for protective and preventive measures.

1:21:18

Drink spiking is a serious and often unreported issue that can result in both immediate harm and long-term physical, emotional, and psychological consequences.

1:21:29

Policies that promote education, awareness and prevention are essential to reducing these risks and creating a safer community environment.

1:21:40

The ordinance's emphasis on education aligns with prevention's best practices that are supported by organizations such as the substance abuse mental health services administration.

1:21:52

It highlights that alcohol used during adolescence and in young adulthood can negatively impact brain development, decision making, and impulse control, which is more prevalent among the college age populations, further increases vulnerability to risky situations and victimization, reinforcing the importance of protective strategies and environments, informed environments by encouraging establishments to provide drink spiking test kits, drink covers, and educational materials.

1:22:26

This ordinance equips both the patrons and the staff with practical, accessible tools to prevent harm.

1:22:33

These measures promote a culture of shared responsibility, awareness, and safety across Tempe's nightlife settings.

1:22:41

We, as the coalition, appreciate the city's collaborative approach through the drink spiking education prevention council subcommittee and its engagement with community partners.

1:22:53

The Tempe Coalition fully supports the adoption of this ordinance and thanks the council, the city council for its leadership and commitment to advancing public health and public safety.

1:23:05

Thank you for allowing me to speak on this important issue on behalf of the Tempe Coalition, and I also support this issue.

1:23:12

Thank you so much.

1:23:13

Appreciate it.

1:23:15

Okay, the next speaker uh just want to make sure is was supposed to be virtual, but we don't see him in the virtual audience, but want to make sure he's not physically here.

1:23:22

Uh Raul Verdugo.

1:23:26

And Madam Clerk's still not in the virtual audience.

1:23:30

No, Mr.

1:23:31

Mayor.

1:23:31

Okay, thank you.

1:23:32

All right, I'll move to the next person then.

1:23:33

Uh the next speaker I have is Dan Bogert.

1:23:38

Is Dan Bogart here?

1:23:41

Mr.

1:23:41

Mayor, he is virtual.

1:23:43

Okay.

1:23:43

Sounds good.

1:23:44

Thank you.

1:23:47

Yes, Mr.

1:23:48

Mayor.

1:23:48

Um, Dan Bogart here for the record, uh, representing the Arizona Restaurant Association.

1:23:54

Uh, I live in Chamber, Arizona, but as I said last time, born and raised in the great city of Tempe.

1:24:01

Uh, so uh what want to start off uh today, Mr.

1:24:05

Mayor, just by thanking uh the council and specifically uh council member eating for for taking the time to meet with us and other industry trade groups to address some of the concerns that we had with the originally drafted ordinance.

1:24:18

Uh, really appreciate the flexibility on being able to remove the the self, the customers being able to bring their own containers in.

1:24:25

That's going to cause a lot of problems with us with DLLC and on the health code side.

1:24:30

So really appreciate the flexibility there and really appreciated uh the ability to sit down and work through some of the technical sides.

1:24:39

Uh that isn't always uh gets the big big headlines, but on the ground when implementing this as a business, um it can be uh the the difference between success and and failure.

1:24:49

So really appreciate uh Councilman Keene taking the time to sit down with us.

1:25:00

And also wanted to express my appreciation for the council as a large over the past two months uh as we've communicated about this issue and uh uh really everyone on the council support great, shown great support for our local uh Tempe businesses and and small restaurants.

1:25:12

Uh that, Mr.

1:25:13

Mayor, I'd be happy to answer any questions, but just here in support of the great industry uh stakeholder process that was uh able to take place over the last couple of months.

1:25:23

Sounds good.

1:25:24

Thank you, Mr.

1:25:25

Bogart.

1:25:25

Appreciate it.

1:25:27

Okay, the next speaker I have is also virtual, uh Justin Thompson.

1:25:36

Thank you very much.

1:25:37

Justin Thompson, Think Twice Save Lives.

1:25:41

Just give a little background on myself.

1:25:42

Gold Canyon uh is where I'm from, and I work with Think Twice to help reduce harm, prevent injuries associated with not only drink drugging and spiking, but other common harms and injuries that occur in the nightlife.

1:25:52

We got started over a decade ago.

1:25:54

We work with tens of thousands of bars, restaurants, breweries, and sports stadiums across the country, and the insurance companies that ensure those businesses.

1:26:03

And what we is that by being proactive and preventative in your approach, we can reduce harm, we can prevent injuries, but we can also mitigate risk and prevent losses.

1:26:13

And by doing these things together, we can protect business owners, policyholders, patrons, and the community.

1:26:19

And so I'm here in advocation for the ordinance and the work of the council to pass this ordinance.

1:26:25

And then I first hand have worked with California and the hundreds of bars in California that now carry these test strips that are potentially saving lives, preventing harm each and every day.

1:26:34

Uh, but also when it comes to working with our armed services and the different branches of the military.

1:26:40

I was actually out in Phoenix not that long ago supporting the Army National Guard out there in Phoenix to prevent drink drugging and drink spiking with our drink test strip.

1:26:49

Uh the nature of this is there really isn't a quantifiable discernible or articulable risk in carrying a positive, preventative, proactive solution.

1:27:03

Uh the worst thing that we're looking at is somebody potentially being aware that they've been spiked and being able to seek help, as opposed to having no option whatsoever.

1:27:13

So I would like the council and all those in attendance of this meeting.

1:27:18

How something proactive can save a life, change a life, and create a different outcome, and one that doesn't involve harm injury or potentially losing that life and affecting others.

1:27:28

Uh I'm here to answer any questions about risk as it pertains to liability, and that we consult directly with some of the top liquor liability insurance carriers in the country who arguably know more about risk than anyone else when it comes to the insurance policies that many of these business owners have to protect their business and uh make sure that it's not liable when it comes to certain scenarios and outcomes.

1:27:50

This would not be one of them.

1:27:51

If you have any questions, I'm happy to answer it.

1:27:53

And you can learn more at drinktest.org.

1:27:56

Thank you so much.

1:27:57

Appreciate it.

1:27:59

Okay, the next speaker I have is Tim Hockradel, who's also virtual.

1:28:08

Hi, my name is Tim Hokradle, and I am a citizen of Tempe and a proud member of Tempe's LGBT community.

1:28:15

I'm here today to support support the drink spiking prevention ordinance because for many of us, safety in public spaces isn't a given.

1:28:24

It's something we have to actively fight for.

1:28:26

Bars, clubs, and music venues are places where queer people find joy, connection, and chosen family.

1:28:32

They're also places where we've too often had to stay on guard.

1:28:37

Drink spiking isn't a hypothetical risk.

1:28:39

It's a real and terrifying violation that disproportionately affects queer people, women, and trans and non-binary people.

1:28:47

When someone's drink is tampered with, their autonomy is stolen, and their ability to consent is taken away.

1:28:53

That harm doesn't end when the night does.

1:28:55

It lingers as trauma, fear, and mistrust.

1:28:58

This ordinance sends a clear message.

1:29:00

Tempe takes that harm seriously.

1:29:03

It says that prevention matters, that accountability matters, and that businesses, patrons in the city share the responsibility for keeping people safe.

1:29:11

Simple measures like those put forth in this ordinance can mean the difference between someone getting home safely and someone being hurt.

1:29:19

For the LGBT community, this is about dignity.

1:29:22

It's about being able to exist openly without calculating risk at every turn.

1:29:27

Supporting this ordinance is not anti-business or anti-fun.

1:29:31

It's pro-safety, pro-community, and pro-human.

1:29:34

Tempe has the chance to lead with compassion and common sense.

1:29:38

I urge you to pass this ordinance and help make Tempe a place where everyone, no matter who they are or who they love, can enjoy a night out without fear.

1:29:47

Thank you.

1:29:48

Thank you.

1:29:49

All right, really quickly.

1:29:50

Uh just saw that uh Raul Verdugo actually did jump into the virtual audience.

1:29:54

So I'm going to circle back to Raul.

1:29:56

Can you hear me?

1:30:02

Yes, I can.

1:30:03

Yes, please.

1:30:04

Please state your name and city of residence.

1:30:05

You have three minutes.

1:30:07

Great.

1:30:08

Uh my name is Roman Perdugo.

1:30:09

I'm based out of California.

1:30:11

Good evening, Mayor and Council members.

1:30:13

My name is Ronald Verdugo, and I am the director of advocacy for alcohol justice, a nonprofit public health organization that works nationally to promote evidence-based alcohol policies.

1:30:23

Drink spiking is a well-documented but underreported public health problem, especially in nightlife and college communities.

1:30:30

A recent survey of Arizona State University students found that 17% of women, 8% of men, and 20% of non-binary students reported experiencing suspected or confirmed drink tampoing despite only being of legal drinking age for a few years.

1:30:46

These incidents can lead to trauma, assault, theft, and increasingly serious overdose risk due to today's drug supply.

1:30:54

Yet many victims never report what happened because they fear they won't be believed.

1:30:58

This ordinance offers a practical harm reduction response.

1:31:02

By ensuring drink spiking test kits are available, it gives patrons a way to confirm what's in their drink, supports victims, and reduces opportunities for perpetrators.

1:31:12

It is a low-cost, flexible, and non-punitive policy with immediate benefits for public safety and community well-being.

1:31:19

It establishes a minimal requirement, gives businesses direction, discretion over how they comply, avoids liability, and relies on incentives rather than punitive enforcement.

1:31:29

Tempe has an opportunity to lead with a thoughtful victim-centered approach to nightlife safety.

1:31:34

We urge you to support this ordinance and help create a safer alcohol environment for everyone.

1:31:39

Thank you again.

1:31:41

Thank you so much.

1:31:42

Greatly appreciate it.

1:31:44

The next speaker I have is in person, uh, Joseph Uhas.

1:31:49

Please come forward, state your name and city of residence.

1:31:52

You have three minutes.

1:31:58

Well, good evening, Mayor, members of council.

1:31:59

Joe Yuhaz, resident of the city of Phoenix.

1:32:02

I come before you as an individual who has really no role in this issue as a lobbyist or as a business owner.

1:32:09

I'm here simply because I care about this issue.

1:32:12

I've taken the time to attend your meeting and testify tonight because I've had friends whose children have been victims of these predators that this ordinance targets, and it wasn't pretty.

1:32:21

I'm not going to repeat some of the things you've heard already this evening.

1:32:23

I'll just add a couple of new things.

1:32:25

I guess what disappoints me about this ordinance is that it's even necessary because the truth be told, this ought to be a statewide issue.

1:32:31

This ought to be a statewide law.

1:32:33

It should be done on a statewide basis because these predators in Tempe, they're going to know about this, they're going to move on.

1:32:40

They're going to move on to other communities because they know in those communities, they're not being watched by the governing body of those communities saying we've got an eye on you.

1:32:50

But as we all know, at the state capital, that's where good ideas go to die.

1:32:54

And it has to start somewhere.

1:32:55

And I think you're taking this action tonight is going to start a movement, a model for other communities to follow.

1:33:01

And Tempe should be where this movement starts because you're the home of the nation's largest university.

1:33:08

Let's talk about the hospitality industry and the business community support, more to the point.

1:33:13

Responsible members of the business community.

1:33:15

Perhaps you're a bit surprised tonight that this ordinance is not opposed by the alcohol beverage industry, but I'm not surprised.

1:33:22

Some 25 years ago, I stood behind Governor Jane Hall as she signed what was the most impactful extreme DUI law in the nation's history, known as Loper's Law.

1:33:31

Jerry Loper was a chairman of football coach whose life was cut short by an intoxicated driver who blew nearly 2.0 on a breathalyzer test.

1:33:40

It was there.

1:33:40

I was there in my capacity as then the CEO of the Arizona Restaurant Association.

1:33:44

The ARA not only supported Loper's Law but played a major role in crafting it because it recognized that most DUIs were committed at the time by those who blew well above the legal limit.

1:33:56

You have tonight a similar opportunity to protect the safety of those who patronize Tempe establishments as well as the interest of responsible operators of those establishments to save those patrons from incidents of true horror, perhaps even save a life.

1:34:12

Protections through your own staff prepared summary calls with what they call a small set of baseline safety steps.

1:34:19

A small set of baseline safety steps that cost businesses virtually nothing and the city virtually nothing due to sponsorship support.

1:34:27

In fact, potentially saving Tempe taxpayers' dollars because of reduction in incidents meeting fewer emergency responses to treat victims on the scene as those first responders are essentially taken off the street to meet other community needs.

1:34:40

So in anticipation of your vote tonight, I want to thank you and congratulate you for taking this responsible action.

1:34:46

Action that our state as a whole will prove to be landmark as other communities will follow your leadership.

1:34:51

Thank you very much.

1:34:52

Thank you.

1:34:54

The next speaker I have this evening is Nathan Edelbeck.

1:35:00

Please come forward, state your name and city of residents.

1:35:02

You have three minutes.

1:35:08

Hello, American Council members.

1:35:09

My name is Nathan Elbeck.

1:35:10

I'm originally from Pure Arizona.

1:35:12

However, as I stated previously, I'm super proud to call Tempe as well as ASU my home.

1:35:18

The previous gentleman really liked his speech.

1:35:20

I think his name was Tim, so thank you, Tim.

1:35:22

But I do agree that this is a big statewide issue, a nationwide issue, if not a worldwide issue.

1:35:27

However, Tempe is in the unique privilege of being as ASU's prides itself and very innovative, uh creating a very innovative solution to this issue.

1:35:36

About eight months ago in the summer, uh, this issue is brought to me, and then throughout research or at that time, I was fortunate enough to not know hardly anyone that was uh experienced drink spiking.

1:35:46

However, into looking into it.

1:35:48

Many peers, friends, and loved ones have had terrible experiences with drink spiking that has led to sexual assault or even worse, right?

1:35:56

Uh throughout the bravery or the bravery of them to share their stories, uh and throughout research, 57% of ASU students personally know someone.

1:36:05

Uh so I'm unfortunately one of those 57% that know someone that has had an experience with drink spiking.

1:36:11

Of those affected, uh, 75 to 90% of those students or uh members of the community, the goes unreported.

1:36:19

This is again not only a Tempe issue, but a statewide issue.

1:36:23

But again, please vote yes on this ordinance.

1:36:26

I'm super, super fortunate to be one of, I think unanimously everyone's been speaking in pro of you voting yes on it.

1:36:32

So again, uh please vote yes.

1:36:35

And I know reason or uh education has been something that's been brought up.

1:36:39

Undergraduate student government of Tempe, as well as I'd hope all the undergraduates and governments and graduates and government would be beyond grateful to support you in this education.

1:36:48

Uh, and again, we don't charge anything.

1:36:50

So uh the tabling events that we've done, uh, we've been putting money towards or providing the task kits to students.

1:36:56

So please reach out to us and we'll if not we'll reach out to you.

1:36:59

And we really hope to work together on this.

1:37:01

But thank you again uh to Councilmember Keating for bringing this up and please vote yes on this to protect our community.

1:37:06

Thank you.

1:37:07

Thank you.

1:37:08

All right, the next speaker I have this evening is Melissa Harlan.

1:37:12

Please come forward, state your name and city of residents.

1:37:15

You have three minutes.

1:37:22

Good evening, Mayor and Council.

1:37:24

Um, my name is Melissa Harlan.

1:37:25

I live in Tempe.

1:37:27

Um, I am a small business owner who does serve alcohol, but not after midnight.

1:37:32

Um, and I'm coming forward as a business owner, an employer, and a mom.

1:37:37

Um, as an employer, the majority of my staff are young women, but I do want to make the point again that this is really a not a gendered issue.

1:37:48

This affects everyone.

1:37:50

Just personally, my staff is mostly young women.

1:37:53

Um, and they have this concern every time they go out.

1:37:57

In fact, it actually deters a lot of them from going out because they're always thinking about what could potentially happen to them, or they know someone that has had a drink spiking issue, or they've been affected themselves.

1:38:11

So, just in the small pool of people that I took a survey of, um, they're they've all been very well aware of this issue for a really long time.

1:38:20

And then, as a mom, um, my daughter is 21, um, and she is vigilant about keeping an eye on her drink and also all of her friends that she goes out with every time.

1:38:34

She's kind of the drink ninja.

1:38:36

She will not get out of someone's hand.

1:38:38

Um, so this ordinance really is important.

1:38:41

I think as other people have stated, Tempe is a leader in a lot of things that we do.

1:38:47

And I think, again, because ASU is here and it's the biggest university.

1:38:53

Um, this is really important that we take the lead on this.

1:38:55

I think it's um not detrimental to businesses.

1:38:58

If I did serve after midnight, I would not think that this is a hindrance at all.

1:39:03

I think that it would actually help build trust in my business.

1:39:06

Um, but we go to bed real early, so we don't serve until after midnight.

1:39:11

Um, so I do urge you to please vote yes on this ordinance.

1:39:14

I think it's really important that we are the leader on this one.

1:39:17

Thank you.

1:39:18

Thank you so much.

1:39:20

The next speaker I have is Marley Valenzuela.

1:39:25

Please come forward, state your name and city of residents.

1:39:27

You have three minutes.

1:39:37

Hello, City Council members.

1:39:38

My name is Marley Valenzuela.

1:39:40

I am a resident of Tempe.

1:39:42

I go to Arizona State University where I serve as the president of the Planned Parenthood Generation Action Student Organization on campus.

1:39:50

I am here today to show my support for the drinks biking prevention ordinance as a young person living in a college town, an advocate for marginalized people, and a believer in the power of community supporting each other.

1:40:03

I am currently in my final semester of my undergraduate degree, which I pursued here in Tempe all four years at the ASU campus.

1:40:13

With that, I do feel qualified to say that I understand the culture of being an ASU Tempe student, in addition to feeling familiar with the bar and drinking cultures in the city.

1:40:24

I understand that Tempe Nightlife is full of young people who lack so much experience with drinking.

1:40:31

I've been there.

1:40:32

It is also no secret that underage people often acquire fake identification or make their way into 21 plus spaces through other means.

1:40:41

I emphasize this point because I also want to highlight the thrill of being young and being introduced to alcohol in the cool and exciting spaces that serve it, bars.

1:40:51

While bars can be amazing places to create memories and meet new people, bars are also spaces for experimenting and experiencing new limits with alcohol.

1:41:02

Whether we like it or not, alcohol consumption can be dangerous.

1:41:06

Creating a space where young people can drink alcohol for what may be the first time and in big groups is a risk.

1:41:15

The risk that drink spiking brings to this situation is opening the door for young people like me to be taken advantage of when they're just trying to have a fun night out.

1:41:26

As I mentioned before, I am a student advocate on my campus.

1:41:29

My position has put me in situations where my classmates have felt comfortable telling me vulnerable stories in regard to drink spiking.

1:41:38

My classmates have opened up about being robbed, waking up in places that they didn't expect, or being assaulted because their drink was spiked.

1:41:49

As a young person, I understand that my age makes me vulnerable to unwise decisions.

1:41:54

I worry about what consequences may occur when someone my age or younger uses bad judgment, especially when they're under the influence of alcohol.

1:42:03

Additionally, as a Hispanic queer woman, I feel compelled to emphasize that these issues do disproportionately impact marginalized people.

1:42:12

When drink spiking is racially motivated or more motivated by senses of superiority over our communities, we gain separate risks on top of the risks that already exists from drink spiking.

1:42:22

I am getting ready to wrap up my last semester at ASU, but I do feel a sense of responsibility for the younger people coming in to encourage you to stand up.

1:42:35

Sorry, I know I don't have a lot of time.

1:42:38

Thank you.

1:42:40

Thank you.

1:42:43

The next speaker I have this evening is Haley O'Laughlin.

1:42:48

Please come forward, state your name and City of Residence.

1:42:50

You have three minutes.

1:43:05

I am a sophomore at Arizona State University where I study justice studies and political science.

1:43:09

I'm here to show my support for this ordinance.

1:43:12

I personally know many individuals who have been impacted by drink spiking.

1:43:17

These experiences are deeply troubling and highlight a serious public safety concern that affects people's ability to feel safe while enjoying Tempe City's nightlife.

1:43:26

No one should have to worry that a night out with friends could put their health, safety, or life at risk.

1:43:31

I firmly believe that this ordinance would serve as an important preventative measure by taking proactive steps to address drink spiking.

1:43:39

The city of Tempe is sending a clear message that the safety of its residents, students, and visitors is a priority.

1:43:45

This is especially important in a bustling city like Tempe.

1:43:48

This ordinance would foster an environment where individuals can feel more secure, more aware, and more supported with the use of drink covers, test kits, and signage.

1:43:57

This ordinance has the potential to not only reduce harm, but also to foster trust between the city, local businesses, and people who frequent these spaces, as well as hopefully reduce the amount of people impacted by drink spiking.

1:44:09

With that being said, I strongly urge your support of this ordinance.

1:44:12

Its passage would be a meaningful step, ensuring that Tempe remains a city where individuals can enjoy nightlife without fear and where public safety is treated with the seriousness it deserves.

1:44:22

Thank you.

1:44:23

Thank you.

1:44:24

Okay, the next speaker I have is Leah Patrick.

1:44:29

Please come forward, state your name and city of residence.

1:44:31

We have three minutes.

1:44:34

Hi everyone.

1:44:35

So I live in Phoenix, but I was a resident here in Tempe for quite a long time.

1:44:41

I came out here for ASU and for school, and I know you'll have heard a lot of great speeches, a lot of fantastic ones, actually.

1:44:48

I did have quite a few little stats and numbers here, but I don't think that's going to make much of a difference now.

1:44:55

Honestly, why I came was to talk about my personal experience.

1:45:00

I went to Milav one day with one of my friends for her birthday.

1:45:04

And me and my partner, you'll hear from him soon.

1:45:08

Um both got drugged while we were out.

1:45:11

Our drinks got spiked, and I am also the friend who always knocks a drink out of somebody's hand whenever somebody's put something near.

1:45:21

If they've walked away from it, if they've looked away.

1:45:25

Mine came from a shot that I got from a bartender.

1:45:28

And I know that's scary.

1:45:30

They were walking around with it.

1:45:31

I don't know how it happened.

1:45:33

But the reality is no matter how careful you are, it's not always careful enough.

1:45:41

And when this moment happened, not only were both of us drugged, but I was found by police later.

1:45:49

A couple blocks down outside with my pants ripped up with bruises and with blood underneath my fingernails.

1:45:59

I ended up going to the hospital.

1:46:02

And once they were able to find my partner who I'd started trying to find his way home, walking home from the bar because he had no other way to get to me, and he also isn't in the clear mind.

1:46:15

He comes to pick me up, and I go home, and I don't wake up again for two days.

1:46:21

I go to the bathroom, and that's when I find out everything that really happened.

1:46:25

The second that I go to the bathroom, I know.

1:46:28

The second I see the bruises that were hand marks on my legs, I knew.

1:46:33

And I tried to report.

1:46:42

Preventing this stuff and doing this is one of the most impactful things you could do to prevent somebody else from going through what I went through.

1:46:51

And honestly, I felt weird at that point.

1:46:54

I said, you know what, we've had a couple of drinks, let's go home.

1:46:57

I'm tired, I don't feel like it.

1:46:59

But everybody wanted me to have a good time, and so we tried.

1:47:03

And honestly, in that moment, I would have tested my drink had I had a kit.

1:47:07

But that wasn't an option.

1:47:09

So I'm telling myself not to be crazy, don't be paranoid, you're fine.

1:47:14

What is this?

1:47:15

A bad vibe.

1:47:16

And I wasn't.

1:47:18

I would have loved having a testing kit there that could have helped me out and could have shown me.

1:47:25

Hey, this is something to walk away from.

1:47:27

You have another option.

1:47:28

You don't just have to blindly like think that this is going to be fine, and maybe it's not.

1:47:35

So, yeah, that's my story, and thank you.

1:47:38

Thank you so much.

1:47:39

So thank you for sharing.

1:47:40

That's very brave to tell that story.

1:47:43

Thank you.

1:47:46

The next speaker I have is Marco McRae.

1:47:52

Please come forward, state your name and city of residents.

1:47:54

You have three minutes.

1:47:59

Hi, everyone.

1:48:00

Um, I'm Marco McCray, current resident of Phoenix, but was a previous resident of Tempe.

1:48:07

As you just heard from my partner, Leah.

1:48:10

This is not a hypothetical situation.

1:48:13

This is something that we're here to address that is real, that we're dealing with constantly.

1:48:20

And that night, it was an average night on Mill.

1:48:24

I was there to kind of watch her and her friends.

1:48:28

I wasn't even really drinking, and things took such a sideways turn.

1:48:35

It was clear that our drinks were spiked.

1:48:37

We were immediately separated, which I knew something was very wrong.

1:48:42

She would never leave without me.

1:48:44

And as she said, she was found by the police.

1:48:47

I walked home.

1:48:49

I wasn't even able to get my phone to operate to order an Uber.

1:48:52

Luckily, the Tempe police were at our apartment and told me that she was in the hospital.

1:48:57

When I got there, she was unconscious, disoriented, and bruised.

1:49:02

And I think that this entire experience, or I know this entire experience completely robbed us of our bodily autonomy.

1:49:12

And I think that this ordinance could even be beneficial for the bars on Mill Ave and in Tempe because it could show that you guys really, really care about the safety of the patrons and potentially get additional patrons who are currently afraid to start going out.

1:49:32

And either intentionally or unintentionally, this is currently a culture of acceptance, and these would-be predators are out there unchecked.

1:49:41

And this is an awesome opportunity to set an example of accountability and show the community that the city and the business owners care.

1:49:51

And I implore you to please think of your families, your children, your sisters, your aunts, your sons, anybody who you know is vulnerable to something like this.

1:50:05

And I'll wrap it up with something my grandma always said, and it seemed to be a theme tonight that an ounce of prevention is truly worth a pound of cure.

1:50:16

Thank you.

1:50:16

Thank you.

1:50:20

Okay, the next speaker I have this evening is Rabashandra Kulkarni.

1:50:24

Please come forward, state your name and city of residence.

1:50:27

We have three minutes.

1:50:30

Good evening, Mayor and Gods and members.

1:50:32

My name is Ramjandra Kulkuni.

1:50:34

I'm a current resident of City of Tempe.

1:50:37

I'm representing graduate student government today.

1:50:41

Support of the ordinance that is being uh that is supposed or going to be paused.

1:50:47

As an international student myself, uh understanding the things that are happening and being aware of the situations that a student might get into because majority of the students in ASU are international students who are calling ASU as their home and city of Tempe as their home.

1:51:04

Making sure that the students are safe and uh are enjoying the life that they arrived here to enjoy for is one of the things that uh students should be getting through.

1:51:15

And uh today I'm here to support the ordinance and uh representing graduate student government, which passed this ordinance as a resolution in the previous assembly uh assembly event.

1:51:30

So I just want to end my note because I heard everyone uh here.

1:51:35

Some of the side stories are there, and some people gave good notes on how why this should be passed.

1:51:42

Again, I'm just uh providing my support as well as the graduate student government support to pass this ordinance already.

1:51:50

Thank you.

1:51:50

Thank you.

1:51:53

The next speaker I have this evening is Parker Travis.

1:51:57

Please come forward, state your name and city of residence.

1:52:00

You have three minutes.

1:52:05

Um Parker Travis.

1:52:06

Um, currently living in Mesa, lived in Tempe for a few years, just recently moved.

1:52:11

Um everything I was gonna say has been said 10 times over at this point.

1:52:14

So I'm just here in support of uh this this bill, and then you know my friends who spoke earlier.

1:52:21

Thank you.

1:52:22

Thank you, appreciate it.

1:52:24

The next card I have this evening is from Amanda Steele.

1:52:28

Please come forward, state your name and city of residence.

1:52:31

We have three minutes.

1:52:38

Hello, and thank you, Mayor, Council, and to the community.

1:52:42

I am Amanda Steele.

1:52:44

I am a resident of Chandler and born and raised in Tempe, and I am here tonight as the vice president of the governing board of Tempe Union High School District, speaking on behalf of them in support of item 8 C3.

1:52:56

This ordinance provides the right balance between prevention, accountability, and education.

1:53:03

It addresses drink spiking as a serious public safety concern, particularly for young and vulnerable populations.

1:53:12

While supporting reporting and awareness without placing unreasonable burdens on businesses, safer community spaces, support safer learning environments.

1:53:35

Tempe Union High School District supports the adoption of this ordinance.

1:53:39

Thank you so much for your time.

1:53:40

Thank you so much.

1:53:41

Appreciate it.

1:53:43

That is all the cards I have this evening on that item.

1:53:46

But if anyone else wishes to speak on item 8 C3, can you please get my attention at this time?

1:53:53

Okay, seeing that I'll close the public testimony portion of the public hearing.

1:53:57

Um now going to turn to the council to see if there are any comments or discussion from council members.

1:54:04

Uh let's see, Councilmember Amberg, then Council Purchin or reverse.

1:54:07

Let's do Councilmember Chin, and then Council Mr Bramber.

1:54:10

Thank you, Mayor.

1:54:11

Uh thank you to everyone who spoke.

1:54:13

Thank you to my colleagues, my council colleagues who worked on this subcommittee.

1:54:19

I think we're all in agreement that safety is everyone's priority.

1:54:25

And um what we're trying to do is influence behavior.

1:54:32

And uh this is a slight departure in how we usually implement things in Tempe.

1:54:40

Typically, we don't make things mandatory right away.

1:54:44

We adopt it and educate and then move forward to mandatory, but we're not doing that this time as in the proposed item.

1:55:01

The education and awareness is key.

1:55:07

If we move forward and pass this, that's fine.

1:55:11

But I think all of the advocates that spoke tonight, you need to make sure it sticks.

1:55:19

And that the awareness is raised.

1:55:22

If we want to do something about this, then education is the key.

1:55:28

And we need to, what I really enjoyed seeing was the different community groups and uh both ASU and the Tempe Union High School District joining in this conversation.

1:55:43

And I think as partners, that's very, very important.

1:55:47

Don't let that fade away.

1:55:50

Strengthen that.

1:55:52

We can do great things together if we stick together and work together.

1:55:58

Um I also what's missing here is some evaluation.

1:56:04

I think we need some metrics to see uh how effective what we have is, and if it's enough.

1:56:12

So I would recommend some sort of exploration.

1:56:16

I I know that it was mentioned tonight that the education plan hasn't really been fully developed yet.

1:56:25

I would say include some evaluation metrics in perhaps in a in a year to see where we are.

1:56:34

Thank you.

1:56:35

Thank you, Councilmember Chin.

1:56:37

Councilmember Lamberg.

1:56:39

Yes, thank you, Mr.

1:56:40

Mayor.

1:56:41

Um, I want to thank honestly uh council member Keating and Eric and Keaton, because I know they've put a lot of hours, a lot of work, a lot of blood, sweat, and tears in this.

1:56:54

And the difference in this ordinance that we're looking at tonight compared to what we looked at two weeks ago.

1:56:59

Um, I want to thank you for really listening to what council member Chen and I had to say and making some of the changes.

1:57:06

Um, focusing on education, I know I said it over and over again two weeks ago.

1:57:11

Um passing this and making our bar saver safer are is great, but unless we have an education, an education component that our kids can take whenever they go to places that aren't going to have these kits, uh house parties and you know, Scott's downtown Scottsdale, downtown Phoenix.

1:57:29

Uh, they really need that.

1:57:30

So I really really appreciate that.

1:57:32

I appreciate the sections that you removed that I kind of thought and other people thought were going to be um a problem from a liability standpoint on the businesses.

1:57:41

Uh that was fantastic.

1:57:43

Uh thank you for clarifying uh what the test kits that are going to be in the police stations are going to be used for.

1:57:48

So that was great.

1:57:50

Um and uh one of the things that I've been opposed to for most of my political life has been unfunded mandates, and I honestly, the way that it's written, I don't think that this is an unfunded mandate on the the businesses, so that was alleviated.

1:58:05

The only change I would like to actually see, and I and I and I talked to um the city attorney uh Tuesday, and uh he actually uh wrote a motion for me, but and that is that I don't think that section 2670 should even be in this ordinance because you took all of the drink spiking language out of from a security plan standpoint out of it.

1:58:27

So I'm I was a little baffled as to why that was in there.

1:58:30

So I'm gonna actually make a motion to remove those things and add them into 2671.

1:58:36

Um, one of the things was uh 2670 is basically for um security plans for businesses in the city of Tempe.

1:58:46

If you've got a you know, a shelter, if you've got a bar, if you've got a whatever, you've got a security plan that has to go into the development of your business, and in the ordinance that we're looking at right now that's in our packets, uh 2670, we are granting an exemption to uh the police department to the chief of police to exempt a security plan from any business in the city of Tempe, not just a bar that has a drink spiking program.

1:59:12

So I want to move that exemption out of all of the businesses in the city of Tempe and put it strictly into the drink spiking section of the ordinance, which I was under the impression that was what was meant to be in the first place.

1:59:25

So you guys are okay, Mr.

1:59:27

Anderson wrote uh motion for me, and it's pretty lengthy.

1:59:31

Uh council mayor.

1:59:33

Yes.

1:59:33

Um thank you, Mayor.

1:59:35

Uh thank you, Councilmember Amberg, uh, for that feedback.

1:59:37

And I did talk to the city attorney about this earlier.

1:59:40

I'm just gonna ask him these questions only for the benefit of the members of the public watching at home.

1:59:45

But I I do support your the motion you're going to make to make those changes, that's fine with me.

1:59:50

But Mr.

1:59:51

City Attorney, in your professional legal opinion, does this does the council member Amberg suggested motion, which I know you have in front of you?

2:00:00

That does that weaken the effect of the ordinance or create any additional burden on anyone participating in the ordinance.

2:00:08

Uh as proposed, no, uh Councilmember Keating Mayor, the um changes are not a matter of substance as we would call it, and they're they don't increase the burden or anything on the object of the legislation.

2:00:21

So excellent, Mayor.

2:00:23

Or uh Mr.

2:00:24

City Attorney, thank you for that.

2:00:25

So um, so are you reading the motion now, Councilmember?

2:00:29

I can if you want to read it, that's fine too.

2:00:31

I don't want to read it.

2:00:31

But will you will you include my my text tape?

2:00:35

Uh do you have that written down?

2:00:38

Well, it's it should be in the motion that you have.

2:00:41

Or I could just say it after you.

2:00:43

It is not fine.

2:00:44

Can we just do that?

2:00:45

She can do hers and other one.

2:00:48

Oh, it's fine.

2:00:48

I'll just say I'll just go after you, Councilmember.

2:00:51

Okay.

2:00:52

I can read it, like give me one second while I open my email up.

2:00:56

It's not a book, is it?

2:00:58

No, but he printed it really big, so I didn't need my glasses, but I'm using my glasses anyway.

2:01:07

I had to read it out because we go last.

2:01:09

Okay, I got it.

2:01:10

I can read it.

2:01:11

And just as a no for all for all councils.

2:01:13

Well, obviously, after there's a motion of the second, there could be additional comments if people would like to.

2:01:17

So, but yes, Council Bramber.

2:01:19

Mr.

2:01:20

Mayor, I move to adopt ordinance 02026.05 as presented on the February 5th, 2026 agenda packet, subject to the following revisions.

2:01:29

Number one, proposed new subsection 26-7A5, which provides a definition of drink spiking shall be removed from section 2670 and placed in a new subsection 2671 H to read in all caps.

2:01:45

Drink spiking shall mean any act, our attempted active and lawfully administering intoxicating liquors, narcotic drug, our dangerous drugs, as described in section 131205 of the Arizona revised statutes.

2:01:59

Number two, proposed changes to subsection 2670 regarding exemptions shall be removed, and the subsection shall remain as currently adopted in the Tempe City Code.

2:02:10

Instead, a new subsection 2671i shall be added to read in all caps.

2:02:16

The chief of police may grant exemptions from the requirements of this section regarding drink spiking to businesses whose normal operations are such that requiring certain elements of this section is not necessary to ref to fulfill the intent of this section.

2:02:30

In applying this exemption, the chief of police may consider the floor plan and layout of the business, the hours of operation, the method and manner of serving alcohol and food, age demographics, occupancy, history of complaints, our public safety actions at the establishment, and other relevant factors.

2:02:49

And third, in proposed subsection 2671 B4, change the requirement of at least one inch lettering to at least one quarter of an inch lettering.

2:03:00

Sounds good.

2:03:01

Thank you, Councilmember Amberg.

2:03:03

Okay, so that motion is on the table.

2:03:05

Is there a second?

2:03:06

Sorry.

2:03:06

Seconded by Councilmember Keating.

2:03:08

Okay, now uh any further comments or discussion by members of council on this item?

2:03:12

Uh yes, Mayor I have.

2:03:13

Yes, Councilmember Keating, please.

2:03:15

So I guess so Councilmember Amberg's motion that that is to approve.

2:03:20

So we're yes, okay if she read it, it's moved to adapt.

2:03:25

Okay, that's fine.

2:03:26

Yeah, okay.

2:03:27

It's moved to adapt the ordinance.

2:03:28

That's I believe if I heard her correctly, she moved to adapt the ordinance with the revision.

2:03:32

So right, yes.

2:03:34

Yeah, I'm not reading that again.

2:03:35

I'm glad that's glad you took that up.

2:03:38

Would you would you like me to put this on the Elmo just?

2:03:40

No, we're fine.

2:03:41

Very good.

2:03:42

No, good.

2:03:42

Okay.

2:03:43

He says he's fine.

2:03:43

Okay, thank you.

2:03:44

Um, well, I guess I just want to like explain my vote, and obviously I got a lot of things to say on this issue.

2:03:50

So I guess Councilmember Garl, did you want to go first before I did that?

2:03:54

Or I know you had some things you wanted to say.

2:03:56

Vice Mayor, please.

2:03:57

Oh, excuse me, Vice Mayor Garland.

2:03:59

Yeah, no, council members, fine.

2:04:00

I am a council member.

2:04:02

Um, so first I want to say thank you to Angelica who was online and Leah and Marco.

2:04:08

Thank you for your courage to come here and and to tell your stories and share those with us.

2:04:12

And I'm so sorry for what you have been through, and I truly pray for your continued healing.

2:04:17

So thank you for being here.

2:04:19

Thank you so much to all of our other speakers that have been here tonight and to my colleagues for their questions and great discussions that have made this ordinance even better.

2:04:28

And we heard some stories tonight.

2:04:30

We know that drink spiking is widely underreported due to memory loss, um, fear of blame, delayed awareness, and the lack of immediate testing.

2:04:38

But the harm can be serious, and the tools to address it are simple and they are low cost.

2:04:44

I want to thank committee member or councilmember Hodge for being on our committee and for always bringing the perspective of youth to our discussions and her long time service history in our city to our committee meetings.

2:04:56

And I want to thank Councilmember Keating, who's the committee chair, um, for bringing this issue up and for inviting us to be on your committee.

2:05:02

So thank you so much.

2:05:03

And thank you for working tirelessly with our stakeholders, listening to concerns and addressing the questions raised at our last council meeting.

2:05:11

Making a strong ordinance that takes compromise and a genuine willingness to listen to all sides of an issue, and that work is reflected here.

2:05:20

As discussed, the city will work alongside our business community to provide education and thoughtful implementation.

2:05:27

And this reflects who we are in Tempe, a city that looks out for one another.

2:05:32

And as our mayor said at our state of the city um meeting or event, he said the actions of this committee could save lives.

2:05:40

And I look forward to seeing its results come back to council so we can take action.

2:05:44

And that is exactly what we are doing here tonight, ready to take action.

2:05:49

If this ordinance passes, and it prevents even one drink spiking in incident, then we have done our job.

2:05:58

Because a safe Tempe is a thriving tempee, and that is good for our entire community, our residents, our businesses, and our students.

2:06:06

And I really appreciate all of the conversation tonight.

2:06:08

So thank you.

2:06:09

Thank you, Vice Mayor Growlin.

2:06:11

Council Mr Hodge.

2:06:13

Okay.

2:06:14

First off, I just want to start off by saying thank you, Councilmember Keaton, for bringing it to light.

2:06:21

You know, it's something that's dear near and dear to my heart is safety for our youth and everyone in our city.

2:06:27

Council Magarland, thank you for being part of it with me.

2:06:30

You know, we we tend to work on these things together, so thank you so much.

2:06:35

I also want to thank all of the students of all ages for coming out and giving their stories.

2:06:42

It's not easy to stand in front of uh people and and counsel and say it.

2:06:50

But you're you're not you're not saving your life, you're saving others' life, everybody else's life.

2:06:56

So I thank you for sharing your story, your trauma to make sure someone else doesn't have that trauma.

2:07:02

So thank you.

2:07:03

Um I had students that I actually told uh not to come because they were young and that their parents didn't know the story.

2:07:13

So for those kids who wanted to come tonight and talk about their story, and I got guided them not to because they hadn't told their parents.

2:07:22

I just want to thank them for even coming to try to do it.

2:07:25

So thank you.

2:07:26

And my son, to actually get my son here, my youngest son, Ron, right there, is in the back row for him to come out and actually be at one of my council meetings, haven't been one before.

2:07:38

Thank you for being here tonight.

2:07:41

So that's that's all I had to say.

2:07:42

I just want to make sure that we understand that this is such a movement.

2:07:48

This is it's it's building what Tempe is made of and is starting, you can tell by how many youth came out, how many young came out to talk tonight about this, to tell their story, so to make sure that the next generation or the next person involved and won't have that story.

2:08:07

So I thank you all.

2:08:08

That's all I have to say.

2:08:10

Thank you, Councilmember Hodge.

2:08:11

Councilmember Amber.

2:08:13

Yes, Mr.

2:08:14

Mayor, thank you.

2:08:14

Actually, this request uh kind of to piggyback on something that council member Chen said as more of a request for the city manager, and um that is like a year, about a year after the implementation of the ordinance.

2:08:26

If we'd be able to have a work study session on the progress of the ordinance and uh how well it's doing, if that would be possible.

2:08:34

Madam City Manager.

2:08:36

Yes, of course, but I'll defer to Councilmember Keating as well, since it's his committee.

2:08:41

Uh Madam City Manager, Councilmember Amberg.

2:08:44

Um, any council member can request an issue review at any time.

2:08:49

So I mean, I think it's normal operating procedure.

2:08:52

So yeah, absolutely.

2:08:53

If that's a request that was made, uh that's hoping the staff will fulfill.

2:08:56

Fulfill.

2:08:57

Excuse me.

2:08:58

Thank you.

2:08:59

Mayor, we'll agendize it now for a year from now.

2:09:02

Great.

2:09:02

Thank you so much.

2:09:03

Appreciate it.

2:09:04

All right.

2:09:05

Um, any other comments or questions from the council on this item?

2:09:10

Uh Council Burkeating.

2:09:11

Yes, thank you, Mayor.

2:09:12

I said I have some remarks and I always forget things I want to say, so I apologize ahead of time in that.

2:09:18

First, I just want to I have some thank yous and some additional points I want to make.

2:09:22

Uh, the thank yous first off, first and foremost are um to the victims that that took the time to come speak to us today, not only in person but virtually.

2:09:32

Um, obviously the stories that we've heard throughout this process as the committee have been terrible.

2:09:38

Um, yeah, as Vice Mayor Garland said, you know, this is about prevention and preventing stories like that.

2:09:44

Passing this ordinance won't bring you the justice you deserve, but maybe it will prevent someone else from suffering that fate.

2:10:00

I would like to thank my our industry partners, um, uh No More and Nightcap and uh think twice um for for their participation and helping making sure that this is at no cost or as little cost as possible and rolling this out, uh very generous grants and and sponsorship opportunities moving forward.

2:10:10

I think once this is actually in place and going, uh there will be other places uh, you know.

2:10:16

Currently, uh liquor manufacturers and distributors give out um coasters to bars, they're everywhere, right?

2:10:24

And right now, those coasters are being used to cover drinks.

2:10:28

And I would imagine it will come a time in Tempe not too far from now when instead of coasters are giving out covers with their logos on it, um, as they serve the same purpose.

2:10:38

I do want to thank my committee members, council member uh Hodge and Vicemare Garland.

2:10:44

Um man, this was not uh did not go as we expected at times.

2:10:48

Um, but um I couldn't have done it without you guys, and I know you guys took a lot of calls from me.

2:10:53

Uh, sometimes more frantic than not, sometimes later at night, never at 3 a.m.

2:10:57

though, Councilmember Amber.

2:10:59

Um but uh um but you know, I mean this was I I got a lot of you know praise for this, but the truth of the matter is that this was a complete group effort between us all, and we you know worked diligently to come forward with an ordinance that we thought would best serve our purposes, and I'm very proud of what we have.

2:11:22

Our industry partners, uh the Arizona Restaurant Association and the Arizona Licensed Beverage Association for their willingness to engage with us and uh and come together.

2:11:32

And we sat in a room after last read with uh six lawyers and kind of bang some of this stuff out in order to get a consensus um draft to bring to you tonight.

2:11:43

They didn't have to do that, you know.

2:11:45

They volunteered their time.

2:11:46

I didn't pay them.

2:11:48

Um, and these are these are very smart individual um individuals, and obviously all attorneys, so that generosity on their part was critical into getting us to where we are today.

2:11:58

I want to thank all of our stakeholders that participated in this process through not only the public meetings, um uh all the way till till right now, whether you're they were for or against ultimately having their involvement in this process um brought us to a place where we have a a better ordinance as a whole and a better plan moving forward with regards to education with with um our our schools and university stakeholders as well.

2:12:27

I want to thank the young people that showed up today.

2:12:29

I mean, I'm inspired by the youth taking action.

2:12:34

Uh I mean, you when I was that age, mayor, you could have said we'll give Randy Keating 100 bucks to come to Tempe City Council, and I wouldn't have done it.

2:12:42

So just uh just to come here and take the time out of your Thursday evening um to advocate for an issue that is important to you, um, is a testament to you and in your civic participation.

2:12:54

And it it was really it's your voices that are gonna get this thing over the finish line at the end of the day.

2:12:59

Um I want to thank my colleagues, whether you're for or against it.

2:13:04

Um we don't always agree on everything, and we you know, we we can definitely disagree on the implementation and the process or or or what have you, but your input is always valued and considered, and I and I do appreciate the feedback.

2:13:18

I do want to thank um my aide Keaton, did uh just a ton of work on this, and this was definitely mayor, as said a baptism by fire almost uh some of these processes and uh you know, really got an education, earning that political science degree uh and in real life.

2:13:39

And you know, he's done a tremendous job.

2:13:41

So um leave let him enjoy his weekend, leave him alone.

2:13:46

Um don't don't come to me because then I'll have to go to him, so it'll be me alone too.

2:13:51

And um, you know, the the fact of the matter is that this could not have been done uh without his involvement and and his professionalism and just being my you know my right hand throughout this entire process.

2:14:03

Um I want to just address some of the comments that were made outside of the victim comments, where which were clearly the most powerful and should be the most germane in our consideration.

2:14:13

But I really appreciated Mr.

2:14:15

Uhas's comments about the the predatory aspect of drink spiking.

2:14:21

No one spikes a drink just to have a have a good laugh.

2:14:25

It's always almost always a pred uh precursor to a much more serious crime, whether that's robbery, whether that's sexual assault, whether that's rape, whether that's human trafficking, to spike someone's drink, as was said um but by a speaker is is to take their agency.

2:14:44

It's is purposely to a mobilize to make the victims unable to defend themselves or even be aware of what is happening to them.

2:14:52

To me, it is a one of the most predatory things that that you can do.

2:15:00

And we are sending a clear signal that this type of behavior is not welcome in the city of Tempe.

2:15:05

Not only it's not welcome anywhere, but in Tempe, we're taking it seriously.

2:15:08

We're we're gonna take it head on, and we're gonna say we're gonna hold you accountable.

2:15:12

We're gonna make sure that if you are a predator and you want to engage in these types of predatory behaviors, the city of Tempe is gonna make it that much harder for you to do.

2:15:21

Uh so take that take that take that elsewhere to that point.

2:15:25

Mr.

2:15:25

Youhaus was absolutely right.

2:15:27

This should be a statewide issue.

2:15:28

Um the fact of the matter is predators will move.

2:15:31

They won't come to Tempe, and I'm pleased about that, no doubt.

2:15:34

But we don't want to see them going to our neighboring cities either.

2:15:37

That's why I'm glad that the city of Chandler, the City of Phoenix, and the City of Mesa are looking at similar ordinances.

2:15:43

So I do believe that this will become a regional, if not statewide effort.

2:15:48

And I got good news for those pushing it in Chandler, Phoenix, and Mesa.

2:15:52

We already did the heavy lifting.

2:15:54

We we got the restaurant association and the liquor association, um, you know, to be partners with us on this.

2:16:00

So you have a template now to move forward to also provide these safeties in your own communities, and I certainly hope you do.

2:16:08

Mayor, on on um, we talked about this during my first campaign when I launched my website.

2:16:13

I had four main points, and they were sustainability, livability, and workability.

2:16:17

But in my fourth point was Tempe leads.

2:16:19

And I talked about just the history of Tempe being on the forefront of important issues, whether it was your non-discrimination ordinance in 2014, and other examples of which Tempe has has said, you know what, these are tough issues.

2:16:32

A lot of times they should be state issues, but frankly, the the state legislature isn't getting a whole lot done these days, regardless of what party is in power.

2:16:42

And Tempe has always not been afraid to tackle and be on the forefront of adopting change that is hard.

2:16:50

It is and it can be scary to see, but ultimately has proven time and time again that Tempe continues to be a leader in the region on very important issues such as this.

2:17:02

So I'm very happy, Mayor.

2:17:05

Uh assuming it's going to pass, and um I just think everyone now the real work begins with regards to education, with regards to implementation and regards to enforcement.

2:17:15

I forgot to thank Tempe PD and I forgot to thank city staff, so I'm gonna do that now too.

2:17:20

Glad I did glad I remembered.

2:17:22

Uh city staff, uh, particularly the city attorney did a lot of work on this.

2:17:28

I did exempt him from that meeting of six lawyers because I was like, dude, we'll just come to you when we're done.

2:17:32

I'm not gonna subject you to that.

2:17:34

He's been incredibly helpful throughout this this process.

2:17:36

So I do thank you, Mr.

2:17:37

City Attorney.

2:17:38

And of course, Tempe PD is an instrumental partner in all of this.

2:17:42

And one of the things I was worried about when we first um were talking about this issue was PD was what would find it burdensome and would say, you know, this is this is going to be too much.

2:17:54

It was never that attitude.

2:17:55

It was immediately what Officer Bacon said today was if this is going to improve public safety, then we're all about it in the city of Tempe.

2:18:03

And they acted like that throughout the entire process.

2:18:06

How can we help you implement this?

2:18:07

So that's a that's a testament that Tempe PD's attitude of um you know creating uh a culture of safety in the city and enforcing the law and protecting the victims.

2:18:17

So, Mayor, uh, with that, I think I'll be quiet and we can vote.

2:18:21

Thank you, Council Burkeing.

2:18:23

And since I really do want your comments to be the last ones, I just wanted to say thank you again to everyone uh who took part of this process, and obviously thank you to the committee as well, Council Breating, Vice Mayor Garland, and Council Brahaj for your work and your stewardship, and and Council Breeding, a special thank you to you for bringing this forward.

2:18:38

And uh just very I definitely remember that first campaign of yours, and I remember you talking about that, and I do think that uh this is absolutely keeping the promises that you've made to voters back in 2016.

2:18:48

So I just wanted to congratulate you on that, but also thank you very much, Council Braha and Vice Mayor Garlet for all the work that you've done.

2:18:55

Thank you, Mayor.

2:18:56

And with that, if there are no further comments, let's vote.

2:19:06

Yes.

2:19:09

The screen.

2:19:10

Your screen frozen.

2:19:12

Mine's not there.

2:19:12

Oh, it's it's at the bottom.

2:19:14

Oh, I'm sure we're fine too.

2:19:16

Oh, there it is.

2:19:17

Look at that.

2:19:18

Wasn't we did leave it when it's suspense.

2:19:20

There you go.

2:19:24

Okay.

2:19:25

Oh, there it is.

2:19:26

And that vote passes seven to zero.

2:19:38

With that said, before we get to the consent agenda, I think we're gonna take a little five-minute break here, just to kind of stand up and stretch.

2:19:48

We will come back at about 8.25 p.m.

2:19:50

So we're gonna adjourn for about five, six minutes.

2:19:52

Thank you.

2:30:35

All right, we're gonna go ahead and um reconvene this meeting at 8 30 p.m.

2:30:46

Which brings us to item number seven, the consent agenda.

2:30:48

All items listed on the consent agenda will be considered as a group will be enacted with one motion by the city council unless an item was removed for separate consideration.

2:30:56

Members of the public may remove public hearing items for separate consideration.

2:30:59

Public hearing items are designated as public hearing item at the beginning of the item title.

2:31:04

Council members may remove any item for separate consideration or to declare a conflict of interest.

2:31:08

If a council member would like to declare a conflict at this time, the city clerk will provide the council member with a disclosure form.

2:31:14

If you wish to speak on a public hearing item, please fill out a speaker card and submit your completed card to the city clerk prior to the agenda item coming forward for council discussion.

2:31:22

I will call your name when it is your turn for public comment.

2:31:25

Okay, this evening the consent agenda is listed as follows.

2:31:31

Item 7B1 through 7B3 and resolutions item 7C1.

2:31:36

Once again, any agenda item designated as public hearing item can be removed by a member of the public for separate consideration.

2:31:42

If anyone would like to have a public hearing on it removed, please get my attention now.

2:31:48

Aren't seeing none, um council.

2:31:51

Any items that you'd like to have removed from the consent agenda, or I'll entertain a motion.

2:31:55

So move.

2:31:55

It's been moved by council member Hodge to approve the consent agenda.

2:31:59

Uh, seconded by council member Keating.

2:32:01

Please vote.

2:32:03

Yes.

2:32:04

And that item passes seven to zero.

2:32:10

All right.

2:32:11

We're gonna now go to item eight, the non-consent agenda.

2:32:15

Once again, all items listed on the non-consent agenda will be considered separately.

2:32:19

Agenda item scheduled for second public hearing and final adoption will be voted upon tonight.

2:32:23

Council members who may have a conflict of interest may abstain from voting on a matter, and the city clerk will provide the council members with the disclosure form at this time.

2:32:30

The first item over the section is 882, which is to approve the fiscal year 2024-25 financial reporting package and audit reports submitted by the city's external auditors, Heinfield Beach and Company PC.

2:32:42

Well, good evening, Laura.

2:32:44

Hello.

2:32:45

Good evening, Mayor and Council members.

2:32:47

I'm Laura Calder, the Financial Services Director.

2:32:50

And I'm here to present the fiscal year 2020 2025 annual comprehensive financial report.

2:32:57

The financial report is in your packets and push it online on our city's website.

2:33:02

And um, I'd like to take a moment to recognize and thank the great and hard work of uh Ann Fang and her team and the accounting team for their excellent work in preparing this report.

2:33:14

As you know, the the financial report is subject to independent audit.

2:33:18

Uh and so Brittany Williams is uh our audit engagement partner from Heinfeld Meet and Company is here today to review the audit results with you.

2:33:28

And so with that, I'll turn over to Brittany.

2:33:30

Thanks, Laura.

2:33:32

Uh Mayor Woods.

2:33:33

Vice Mayor Garland, members of the city council.

2:33:35

Thank you so much for having me here tonight.

2:33:38

I do believe I have a presentation.

2:33:40

Awesome.

2:33:42

Okay.

2:33:59

Um just to start out, Laura and Ann and the whole team over there do a great job, and um we enjoy working with them very much.

2:34:07

This is me and the audit manager Jared Young.

2:34:10

We are the audit team.

2:34:11

Uh and these are the standards that guide our audit.

2:34:15

As you can imagine, governments get to do lots of extra stuff with internal controls and federal awards and all of those things, and so our reports are reflective of that, and all of these standards have been properly implemented for the city of Tempe.

2:34:29

I just wanted to highlight that the one piece that we're kind of put into the financial statements that you might have in front of you is this independent auditors report.

2:34:38

And this is our opinion on the financial statements.

2:34:40

We issued an unmodified opinion, which is a clean opinion on the financial statements saying that everything was materially correct.

2:34:47

And this year there was one change in accounting and reporting, and that had to do with compensated absences.

2:34:53

Basically increased the liability balance for for some entities, not too much for Tempe.

2:35:00

We also issued an independent accountants report on the highway user revenue fund monies.

2:35:04

Everything looked good there.

2:35:05

They were spent in accordance with state statute.

2:35:08

Here's some of our timelines.

2:35:10

We performed field work over the summer.

2:35:13

We come out for final field work on the financial statements near uh Halloween.

2:35:17

And then we issued our audit opinion and the HERF report on December 16th.

2:35:24

We are not quite done with the single audit report.

2:35:27

We the maybe was up there because uh we weren't sure we were gonna get a compliance supplement, but we actually got it right before Thanksgiving, so it was a lovely present.

2:35:35

And we will be able to issue that federal compliance uh single audit report by March 31st.

2:35:42

And then we're also still working on the ELR and the HED React.

2:35:46

So we've got a couple of reports left to do by March 31st.

2:35:49

We anticipate no issues there, and then we'll start the audit all over again next summer.

2:35:54

Um these are some of the reports that go into that single audit report.

2:36:00

And this is a draft.

2:36:01

We do have a draft out to management for the single audit report, and I just wanted to show you the synopsis page.

2:36:06

Um when you see those no's all the way down, that's a very good sign.

2:36:09

That means there were no findings, there were no material weaknesses, no significant deficiencies, everything looked great.

2:36:14

We audited the housing voucher cluster this year based on our risk assessment, and everything looked great.

2:36:19

So it's in draft, it's not finalized yet.

2:36:22

Some resources for you in case you're interested on learning more about internal controls or uh government finance.

2:36:30

And with that, that's our website.

2:36:32

If you want to learn more about our firm.

2:36:34

And there's our contact information.

2:36:36

Do you have any questions for me this evening?

2:36:38

Thank you very much.

2:36:39

Anyone have any questions?

2:36:42

Oh, uh, Vice Mayor Garwick.

2:36:43

I don't have a question.

2:36:44

I just want to say I think all of us have sat on the audit committee at one time or another.

2:36:48

Um, and the work that you do.

2:36:49

I mean, this is like a quick presentation, but it is incredible all the work that you guys do.

2:36:53

So thank you so much.

2:36:54

Thank you so much, Vice Mayor.

2:36:55

I appreciate that.

2:36:56

Thank you.

2:36:57

Absolutely.

2:36:58

Absolutely.

2:36:59

Yay, hello.

2:37:01

Greatly appreciated.

2:37:03

Thank you so much.

2:37:04

Great, thank you.

2:37:04

Right.

2:37:05

So if there is no more commentary here, um, I would look for a motion on item 882.

2:37:11

So moved.

2:37:11

It's been moved by council member Adams and seconded by Councilmember Keating.

2:37:15

Fuck.

2:37:17

Please vote.

2:37:18

There it is.

2:37:19

There we go.

2:37:20

I'm having my viewers.

2:37:22

Yes.

2:37:23

Okay.

2:37:26

And that vote also passes seven to zero.

2:37:30

The last item of the section is 8A3, which is to award a professional services contract to M.

2:37:35

Arthur Gensler Jr.

2:37:36

and Associates Incorporated, doing business as Gensler for project number six 6309761B, phase two of Tempe Diablo Stadium Complex Renovation.

2:37:47

Council members any comments or discussion.

2:37:49

It's been moved by Councilmember Hodge.

2:37:51

Second.

2:37:52

Seconded by Councilmember Adams.

2:37:54

Please vote.

2:37:54

Aye.

2:37:55

And that item passes seven to zero.

2:37:58

The next section on the non-consent agenda is ordinances items for introduction and first hearing.

2:38:02

There are no items under this section.

2:38:05

The last section on the non-consent agenda is ordinances and items scheduled for second hearing and final adoption.

2:38:10

So votes on these items will be taken tonight.

2:38:13

First item of the section is 8C1, which is to hold the second and final public hearing to adopt a resolution for general plan land use and residential map amendment for mixed use high to commercial and adopt an ordinance for a zoning map amendment from R4 TOD to CSS TOD on 0.7 acres for Marlot's garage, located at 1249 East Eighth Street.

2:38:33

The applicant is Motley Design Group LLC.

2:38:35

Once again, this resolution authorizing the general plan amendment requires at least a two-thirds city council vote for approval, which is at least five out of seven council members.

2:38:47

Is there any kind of a presentation from the applicant?

2:38:49

I know we heard one the last time, but Yeah, it's the same one.

2:38:56

He said it's the same one.

2:38:57

So thank you.

2:38:59

I'll appreciate that then.

2:39:01

All right.

2:39:01

Uh this is also a public hearing item.

2:39:04

And I think that was a sort of a somewhat fake motion by Council McCoating.

2:39:08

I could tell by the inflection of his voice.

2:39:09

So I'm just gonna go with that.

2:39:11

Um, but let's see.

2:39:12

The uh we're gonna open up the public testimony portion of the public hearing is ordered on the audience wishing to address the council on item 8 C One.

2:39:20

If so, please get my attention.

2:39:23

Okay, seeing none, I will close the public testimony portion of the public hearing.

2:39:27

Council members, any comments or discussion.

2:39:29

I will note that this also has two votes this evening.

2:39:32

So on the first item here, which is on the general plan land use and residential map amendment.

2:39:38

Uh Councilmember Hodge has moved that.

2:39:40

Do I have a second?

2:39:41

Seconded by Councilmember Keating.

2:39:44

Please vote.

2:39:46

And that item passes seven to zero.

2:39:49

The second vote this evening is on the zoning map amendment.

2:39:53

So do I have a motion on that?

2:39:54

So move.

2:39:55

It's been moved by council member Keating and seconded by Councilmember Hodge.

2:40:00

The screen first.

2:40:02

And here we go.

2:40:06

And that item also passes seven to zero.

2:40:10

The last item under the section is 8C2, which is to hold the second final public hearing to adopt a resolution for a general plan land use and residential density map amendment for mixed use moderate to mixed use industrial moderate and adopt an ordinance for a zoning map amendment from MU4 PAD to GID on approximately 25 acres for Priestela Alameda located at 2750 South Priest Drive.

2:40:32

The applicant is gamogen Burnham PLC.

2:40:34

Once again, this resolution authorizing the general plan amendment requires at least a two-thirds city council majority vote for approval, which is five out of seven members of council.

2:40:44

Is there a presentation from the applicant, Ms.

2:40:47

Voz?

2:40:48

Mr.

2:40:48

Mayor, not unless you need a presentation.

2:40:50

All right, she said for all those watching at home, or uh not unless we need one since we did have a presentation at the first public hearing.

2:40:57

Uh council members, any questions for Ms.

2:40:59

Voz on this item.

2:41:00

So we got to public hearing less either withdrawal those.

2:41:04

Okay withdraw.

2:41:05

Okay.

2:41:06

Thank you very much.

2:41:06

All right, since there are no questions, I'm gonna also open up the public testimony portion of the public hearing.

2:41:11

Mr.

2:41:11

City Attorney, I was right there with you.

2:41:13

Don't worry.

2:41:13

Uh let's see.

2:41:14

Anyone would like to speak on item 8 seed two.

2:41:17

Can you please get my attention at this time?

2:41:20

All right, seeing then I'll close the public testimony portion of the public hearing.

2:41:24

And I will look back to Council Bahaj.

2:41:26

Second.

2:41:26

It's been moved by Councilmember Hodgins, seconded by Councilmember Adams.

2:41:31

Please vote.

2:41:32

Oh, actually, I should vote.

2:41:33

I should mention that vote is on the general plan land use and residential density map amendment.

2:41:40

And that vote passes seven to zero.

2:41:44

The second vote is on the zoning map amendment.

2:41:47

So do I have a motion on that item?

2:41:50

So moved.

2:41:50

It's been moved by councilmember Keating.

2:41:52

Seconded by Councilmember Hodge, please vote.

2:41:56

And that item passes seven to zero.

2:41:58

And just a note too, only a simple majority was required for approval, but that statement's moved since it was seven-nothing.

2:42:06

That brings me to item nine.

2:42:07

Covered events, council announcements and future agenda items.

2:42:10

Once again, uh council members may request that an agenda item be added to a future council meeting during their allotted time, but in accordance with the open meeting law, there should be no discussion on the item other than to clarify the request.

2:42:20

So I'll now call on council members for their comments and or requests to add an item to a future council meeting.

2:42:27

And I'm going to start this evening with Councilmember Keating.

2:42:31

Uh Mayor, you've heard me talk enough tonight.

2:42:34

Thank you, sir.

2:42:36

Next up, Councilmember Adams.

2:42:38

Yes, uh, this Sunday, downtown Tempe is hosting another second Sunday on Mill, a free community market from 10 a.m.

2:42:45

to 3 p.m.

2:42:46

on Mill Avenue between 3rd Street and University Drive.

2:42:50

This month's theme is love on Mill Avenue.

2:42:53

Don't we need some more of that?

2:42:55

Enjoy local artists, live music, live music and live.

2:42:59

Um food vendors and family friendly activities.

2:43:03

So I'd encourage everyone to come out and check it out.

2:43:06

It's a really fun event.

2:43:07

Thank you very much.

2:43:09

Thank you, Councilmember Adams.

2:43:10

Next up, Councilmember Chin.

2:43:12

No one else.

2:43:14

Thank you very much.

2:43:15

Next up, Councilmember Hodge.

2:43:18

Yes.

2:43:19

Um, last week, um, Councilmember Chin and myself and the mayor, we ran we went uh brown breaking of the John McKay Museum.

2:43:27

I cannot wait to see it in its full.

2:43:31

I can't wait to see how much it you know how educational it'll be for the community, and I'm just excited.

2:43:40

Sorry.

2:43:41

Yeah.

2:43:42

And next is um, do we have the part of the animal cruelty um and welfare?

2:43:48

We also have our subcommittee.

2:43:49

We have the park rangers, they knew have their new um bark rangers in September.

2:43:54

I mean, September, I am so tired.

2:43:56

Um, Saturday, February 14th, um, from 8 a.m.

2:44:00

to 10 p.m.

2:44:01

10 a.m.

2:44:02

There you go.

2:44:03

Papako Park.

2:44:05

Uh, you have the new bark rangers out there.

2:44:07

So I'm gonna be there with my dog.

2:44:09

And when and so is Vice Mayor Garlet going to be out there.

2:44:13

So let's come out.

2:44:14

Enjoy ourselves.

2:44:16

And I all again I want to wish everybody a happy Black History Month.

2:44:21

Um, who the person in the picture with me that is Bernice King, that is Dr.

2:44:25

Martin Luther King's youngest child.

2:44:27

Um, I got to introduce her last year, and I will say this black history is our history, so everybody enjoyed a month and learn a fact that you didn't know about something in history.

2:44:39

So thank you.

2:44:41

Thank you.

2:44:42

Next up, Councilmember Amberg.

2:44:45

Thank you, Mr.

2:44:46

Mayor.

2:44:46

Uh, first up is um love at first bar.

2:44:52

Valentine's Day is right around the corner.

2:44:53

So, what's better way to celebrate than I adopting your very new best friend?

2:45:00

Join uh the Watermark Tempe in the Arizona Humane Society for Love at First Bark, a fun, family friendly pet adoption event.

2:45:04

The event takes place from 10 a.m.

2:45:07

to 2 p.m.

2:45:07

by the splash pad at 410 North Scottsdale Road.

2:45:11

Admission is free.

2:45:12

Free parking is also available.

2:45:14

And you're gonna meet some adoptable dogs, enjoy a live DJ and take photos as a pet and an owner for they've got a pet and an owner photo booth and enter for special giveaways.

2:45:26

My second one is the Susie Foundation, All Ability 5K.

2:45:30

It's gonna take place on Sunday, February the 15th at Kiwanas Park by the North Soccer Fields.

2:45:36

It's an inclusive event and invites everyone to walk run our role, regardless of your ability level.

2:45:42

The race supports the Susie Foundation's mentioned to provide essential adaptive equipment for individuals with special needs, uh items that are often not covered by your medical insurance.

2:45:52

Uh participants can choose between a 5k, a one-mile fun run or a virtual option, and all participants receive a finisher medal and an event t shirt.

2:46:01

Uh registration opens at 8.

2:46:02

The race starts at 9.

2:46:04

And if you want more information and to register, head over to their website at Susie Foundation.org.

2:46:09

Thank you.

2:46:10

Thank you.

2:46:12

Next up, Vice Mayor Garland.

2:46:14

Thank you.

2:46:15

Um, I just want to say that um when um Vice and when Mayor uh Woods um was elected, and we and um uh city manager Rosan Chelsea um was in her position.

2:46:28

We really worked really hard on trying to bring back the Salt River Pen of Maricopa Indian Community Um co-council meeting.

2:46:36

And I am so glad that that was brought back, and I really appreciate the relationships that we have started to really um work on and improve.

2:46:44

And it was we had such a great time this past week talking about things that are happening on their tribal community on their lands, things that we're doing um in the city of Tempe and ways that we can work together.

2:46:54

So thank you so much, um City Manager and Mayor for bringing this back, and thank you so much for staff for doing the presentations.

2:47:01

They were really impressed with the things that we were doing, and we were equally impressed with what they were doing.

2:47:05

So I want to say thank you to um President Martin Harvier, Vice President Ricardo Leonard, Council members David Antone, Jacob Butler, Micah Carlos, Cheryl Doka, Suk Fulweilder, Michael Dallas, and Dina Scabby.

2:47:18

Thank you so much for participating and working with us the councils together.

2:47:22

So thank you.

2:47:25

Thank you very much.

2:47:26

Uh Council Bra Adams.

2:47:27

Yes, I'm not unable to go to the uh Bark party, or I would be bringing my uh my pups with me.

2:47:33

Uh so I have a funeral uh unfortunately.

2:47:36

So that's that's I think a very good excuse.

2:47:38

So next next time I'll be there.

2:47:40

They have more coming.

2:47:41

Okay, good.

2:47:43

Thank you, Councilmember Adams.

2:47:45

Uh, just one quick announcement this evening.

2:47:46

Just wanted to uh make sure to to wish a very happy birthday to our colleague Arlene Chin, who had a birthday this past Tuesday.

2:47:53

So it's one of the same happy birthday to Councilmember.

2:47:57

And now that she and now she's going to kill me afterwards, but that's okay.

2:48:03

Which brings me to item number 10, public appearances.

2:48:05

So the rules for speaking during public appearances uh right now uh shall be the same as earlier during item number six.

2:48:11

So is there anyone in the audience wishing to address the council?

2:48:14

Can you please get my attention at this time?

2:48:18

All right, seeing none, I will close that portion of the meeting and go to item 11, which is adjournment.

2:48:23

The next scheduled regular city council meeting will be on March 5th, 2026.

2:48:30

Wow.

2:48:31

I got you.

2:48:33

We are adjourned at 8 48 p.m.

Discussion Breakdown — Share of Meeting
Public Safety█████████████████████████████████████████41%
Procedural███████████████████████████27%
Community Engagement███████7%
Public Engagement██████6%
Racial Equity███3%
Zoning and Land Use███3%
Youth Programs███3%
Fiscal Sustainability███3%
Mental Health Awareness██2%
Summary of Proceedings

Tempe City Council Regular Meeting - February 5, 2026

The Tempe City Council held a regular meeting on the evening of February 5, 2026, addressing a range of items including proclamations, public comments, an appeal continuance, and the adoption of a landmark drink-spiking prevention ordinance. All votes were unanimous (7-0) except where noted.

Consent Calendar

  • Approval of Minutes: Items 4A1 through 4A5 (city council minutes) and 4B1 through 4B9 (board, commission, and committee minutes) were approved 7-0.
  • Consent Agenda: Items 7B1 through 7B3 and resolution 7C1 were approved 7-0.

Public Comments & Testimony

General Public Appearances (Item 6):

  • Carmen Vargas (Tempe resident, speaking for the Safe Shalomar campaign) urged protection of the Shalomar golf course, stating that a proposed cell agreement would replace the historic site with high-density housing. She cited concerns about overcrowding, traffic, and loss of green space, and noted that the Shalomar Association and over 1,000 petition supporters stand in firm opposition to rezoning.
  • Diane Melrose (Tempe Leadership class 41) announced the “Storm to Shade” project, which aims to replace shade canopy in JC and Mitchell Parks damaged by an October 2025 microburst. She invited the council to an art fundraiser on February 13 at Rocket Space Gallery.
  • Mario Martinez (Tempe resident) criticized Mayor Cory Woods and Police Chief Ken McCoy regarding alleged bomb‑threat investigations, questioning the administration’s priorities and use of resources.
  • Suzanne Casey (Tempe resident, 30+ years) spoke in favor of preserving the existing Shalomar golf course zoning (AG: one house per acre), citing its value as a green space, water recharge basin, and community gathering area.

Public Hearing on Drink‑Spiking Prevention (Item 8C3): Numerous speakers testified in support of the ordinance. Notable testimony:

  • Angelica W. (ASU grad student, Phoenix resident) shared a personal account of being sexually assaulted after her drink was spiked, and said the ordinance could have made a difference.
  • Leah Patrick and Marco McCray (Phoenix residents) recounted an incident at a Mill Ave bar where both were drugged, leading to Leah being found by police with injuries; they urged passage.
  • Don Franklin Zyrich (lifelong Tempe resident) cited statistics that over half of surveyed ASU students know a drink‑spiking victim and one in four Tempe residents have been victimized, calling the ordinance reasonable.
  • Jennifer Glendy (Tempe resident, mother) said she already buys drink covers for her daughters and praised the ordinance as a low‑cost, common‑sense safety measure.
  • Danya Sherman (President of NOPE/No More) pledged $50,000 worth of drink‑testing kits to jump‑start the program.
  • Jessica Mendoza (Arizona Students Association) represented thousands of students and urged passage, saying safety is a shared responsibility.
  • Sharon Doyle (Chair, Tempe Coalition) expressed strong support on behalf of the coalition.
  • Dan Bogert (Arizona Restaurant Association) thanked the council for stakeholder engagement and supported the revised ordinance.
  • Whitney Wingfield (bar and restaurant owner) initially opposed but after revisions expressed support.
  • Additional supporting speakers included representatives from Alcohol Justice, Think Twice Save Lives, Planned Parenthood Generation Action, ASU graduate and undergraduate student governments, and Tempe Union High School District. No speakers opposed the ordinance.

Discussion Items

8A1 – Appeal of Massage Establishment Use Permit (Massage ACEs): Deputy Community Development Director Ryan Labake requested a continuance to allow staff to research other massage licenses in South Tempe, address appellant arguments, and compile a report with police input. Both the appellant (Matt Smith) and the applicant (represented by Ben Zheng) agreed. The council voted 7-0 to continue the item to March 26, 2026.

8C3 – Drink‑Spiking Education and Prevention Ordinance (Second/Final Hearing): Councilmember Keating, chair of the subcommittee, presented the revised ordinance. Key changes from the first reading:

  • Removed language allowing patrons to bring their own drink containers.
  • Replaced liability language with language reviewed by the Arizona Restaurant Association and Licensed Beverage Association.
  • Moved effective date to August 1, 2026, to allow for preparation and education.
  • Added a preamble for a formal city education campaign.
  • Enabled the police chief to grant exemptions for venues not aligned with nightlife (e.g., retirement communities).
  • Clarified that police department test kits are for investigations only.
  • Allowed series 6 and 12 licensees to serve alcohol past midnight for special occasions (max 3 days/month).
  • Changed signage lettering requirement from 1 inch to at least ¼ inch. Communications Director Chris Baxter‑Ging presented a public education plan, partnering with Tempe Coalition and ASU. Lieutenant Greg Bacon of Tempe Police Department stated the department supports any initiative improving public safety. After council discussion, Councilmember Amberg offered a motion to adopt the ordinance with technical revisions: moving the definition of “drink spiking” from Section 26-70 to Section 26-71, removing the exemption from Section 26-70 and placing it in 26-71, and reducing required lettering to ¼ inch. The motion passed 7-0, followed by a unanimous vote to adopt the ordinance as amended.

8B2 – FY 2024-25 Financial Reporting Package and Audit: Financial Services Director Laura Calder and auditor Brittany Williams (Heinfeld, Meech & Co.) presented the annual comprehensive financial report. An unmodified (clean) opinion was issued. No material weaknesses or audit findings were identified. The single audit report is expected by March 31, 2026. The council unanimously approved the report (7-0).

8A3 – Tempe Diablo Stadium Complex Renovation (Phase 2): A professional services contract with Gensler was awarded 7-0.

8C1 – Land Use and Zoning Amendment (Marlot’s Garage, 1249 E. 8th St.): A general plan amendment (mixed‑use high to commercial) and zoning amendment (R4‑TOD to CS‑TOD) on 0.7 acres were approved 7-0 (two votes: general plan required two‑thirds majority, zoning simple majority).

8C2 – Land Use and Zoning Amendment (Priestly Alameda, 2750 S. Priest Dr.): A general plan amendment (mixed‑use moderate to mixed‑use industrial moderate) and zoning amendment (MU4‑PAD to GID) on approximately 25 acres were approved 7-0 (two votes).

Key Outcomes

  • Drink‑Spiking Prevention Ordinance (8C3) adopted 7-0, with amendments, effective August 1, 2026. A one‑year review work session was requested by Councilmember Amberg and agreed to by staff.
  • Appeal of Massage ACEs use permit continued to March 26, 2026, for additional staff research.
  • All other agenda items (consent calendar, financial audit, stadium contract, land‑use amendments) were unanimously approved (7-0).
  • The meeting adjourned at approximately 8:48 p.m. The next regular council meeting is scheduled for March 5, 2026.

Meeting Transcript

Oh, sorry. Good evening, everyone. Welcome to the Tempe City Council regular council meeting. I don't know what is called order. Council meetings can be watched in real time via Cox Cable Channel 11 and at Tempe.gov/slash Tempe Eleven. Members of the public may also attend the meeting virtually through Microsoft Teams. Before we begin, I want to note some changes to the order of tonight's agenda. We've received a request from staff to make a statement regarding item 8A1, the appeal of the Development Review Commission's decision to approve a use permit to allow a massage establishment for massage ACEs located at 1761 East Warner Road. To accommodate this request, I'll be introducing item 8A1 earlier in the meeting. Additionally, we've received a large number of speaker requests for item 8C3, the second and final public hearing on the drink spiking education and prevention ordinance, which is listed later on in the agenda. To accommodate those speakers, I will be introducing item 8C3 immediately after item eight A1. Public appearances will still occur first, followed immediately by consideration of item eight A1 and then item eight C three. If you submitted a speaker card to speak on a matter list not listed on tonight's agenda, you will be recognized during public appearances in the order in which your card was received. Please note that if you choose to speak on an agenda item during public appearances, that this will be your only opportunity to speak on that topic. You may not speak again when that item is heard later in the meeting. Speakers will be taken will be called in the order in which their speaker cards are received, although I am gonna move a couple of things around this evening, even on that public appearance aside. Uh but once again, if you wish to speak on the agenda item but have not submitted your card yet, please do so at the city court prior to the item being called. I will announce your name when it's your turn for public comment. I'd now like to invite everyone who's able and willing to stand to join me in a moment of silence, followed by the Pledge of Allegiance. For which it stands, one nation under God, indivisible with liberty and justice for all that's agenda has a number of items that the City Council must consider in order to conduct city business. Guidelines for conduct of City Council meetings are on the table to the entrance for those in attendance at tonight's meeting. We will now play a video with the proper protocol for ensuring the appropriate conduct at City Council meetings. Behavior that disrupts, disturbs, or otherwise impedes the orderly conduct of any city council meeting is not helpful and is not permitted. This includes behavior both inside and outside of the council chambers. Should individuals inside the council chambers become disruptive so that city business is not able to be conducted. The mayor will first ask that the individuals allow city business to be completed. There will be time for public comment during the call to the audience portion of the meeting. If no cooperation, the mayor will issue a verbal warning and let them know that the continued disruptive behavior will lead to removal from the council chambers. If there is still no cooperation, the mayor will issue a second verbal warning and let them know that the continued disruptive behavior will lead to removal from the council chambers. If there is no cooperation after asking and two verbal warnings, then the mayor will ask security officers to remove only those individuals who were causing the disruption. Security personnel should not engage in any way, but only escort them from the council chambers. If individuals refuse to leave, security personnel shall warn them that they are trespassing, and that the next step will be arrest by a Tempe police officer. Tempe officers may have to arrest if individuals refuse to leave. Charges for trespass and disorderly conduct may apply, as well as other charges. Should anyone be asked to be removed, the mayor will recess the meeting. Thank you. We're now going to play a video conveying the city of Tempe's native land acknowledgement statement. We acknowledge that Tempe lies on the ancestral land of the Native peoples who have lived here since time immemorial. Stress far beyond the boundaries of our city. The landscape is sacred to them. Embodying cultural values that are integral to their identity and way of life. The autumn and deposit continue to maintain deep spiritual connection to this land. We embrace the responsibility of caring for these places and vow to uphold this commitment in all our actions. Thank you very much. Next up, item number four at meeting minutes. Tonight I'll be assisted by Council Member Keating. Council Burke. Thank you, Mayor. I move we approve items uh four A1 through 4A5. It's been moved by Council Burkeing and seconded by Councilmember Hodge.

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