Tempe Council Unanimously Approves La Victoria Commons, 123 Affordable Housing Units
TEMPE, ARIZONA — March 17, 2023

Tempe Council Unanimously Approves La Victoria Commons, 123 Affordable Housing Units

Tempe City Council held its regular meeting approving several developments including affordable housing project La Victoria Commons, while facing controversy over Coyotes stadium deal developer's legal threats and public allegations of police misconduct.


Tempe Council Unanimously Approves Landmark Affordable Housing Project Amid Developer Intimidation Controversy and Police Misconduct Allegations

The Tempe City Council voted unanimously to approve La Victoria Commons, a mixed-income affordable housing development on Apache Boulevard near light rail, on March 17, 2023—a victory for housing advocates arguing that the city must aggressively address its shortage of affordable units. Yet the otherwise routine consent vote was overshadowed by a contentious public hearing period in which speakers accused an out-of-state investor in the Coyotes stadium deal of silencing ballot-measure opponents through legal threats, and in which two residents alleged that Tempe police officers violated their constitutional rights to record public activity and apply city ordinances arbitrarily against activists.

The council meeting lasted one hour 49 minutes. All seven voting members attended.

Key Speeches

"I don't think Tempe City staff should be doing backflips to build as low density as possible and still make projects pencil out. MU-4 done that sounds a lot easier than entire year of community input for 130 units on a light rail station. Why shouldn't this project be high density?" — David Sokolowski, virtual public commenter, advocating for higher-density development as a housing solution

"When someone arrives from out of town, an investor who says he or she wants to be here in our town, suddenly likes our values and suddenly wants to be part of this community, and then bullies his or her opposition with legal threats, who takes a nuclear option when it looks like he or she may not get what he or she wants—how does what does that hint about the future behavior?" — Tom Brown, South Tempe resident, criticizing cease-and-desist threats sent to ballot-measure opponents

"When someone erects a sign or signs all over the City of Tempe telling the Tempe residents don't vote right for these three propositions vote no on proposition 301 302 303 because my client is a criminal that's not intimidation when we send a letter telling them to stop. That is nothing more than a reprehensible, sinister attempt to lie about a man whose integrity outshines any of the people who are opposing us." — Corey D Woods, attorney representing Alex Morello (Coyotes developer), defending the cease-and-desist letters as legitimate protection against defamation

"I've been assaulted by a police officer named Anthony Nardini out on the street with a door, his car door. I've got a scar on my leg from it. There's a video on YouTube. I tried to press charges. The police department failed to contact me, failed to contact witnesses, told to take any evidence, failed to take any statements from me, anything. Told me that it's not a crime for a police officer to strike me with the door." — Chris Ruff, public commenter, alleging excessive force and constitutional violations by Tempe Police

"I have a client who's paying fair market value for the property with cash: 40 million dollars up front, non-refundable earnest money. We are taking on responsibility for 240 million dollars worth of contamination. That contamination today is the obligation of the City of Tempe and its residents. But we are taking on that liability and that responsibility, all of it. It's not costing the city of Tempe or any of its residents any money. Not only that, but each year the city will be receiving seven million dollars in cash plus about 13 million dollars in cash equivalent benefits." — Corey D Woods, defending the Coyotes stadium deal terms against criticism

Timeline

La Victoria Commons (Item 8A1 – Development Agreement; Items 8C1 – General Plan & Zoning)

IDM Fountainhead (Item 8C1 – Introduction & First Hearing)

Krispy Kreme & El Pollo Loco (Item 8B2 – Introduction & First Hearing)

Opposition

Coyotes Stadium Deal & Cease-and-Desist Letters:

Police Misconduct Allegations:

Support

La Victoria Commons:

Coyotes Stadium Deal:

IDM Fountainhead & Other Projects:

Project Details

La Victoria Commons

IDM Fountainhead

Krispy Kreme & El Pollo Loco

Vote Breakdown

La Victoria Commons – General Plan Amendment (Item 8C1, first vote – resolution):

La Victoria Commons – Zoning & PAD Ordinance (Item 8C1, second vote – ordinance):

Sewer Line Easement Abandonment (Item 8C2):

Water Line Easement Abandonment (Item 8C3):

Consent Agenda (Items 7A1-7C11, excluding 7A10, 7B11, 7C3):

Diversity Unity Grant Program (Item 7A10):

Automatic Aid Agreement Renewal (Item 7C3):

Resilient Tempe Master Plan Contract (Item 7B11):

IDM Fountainhead (Item 8C1 – First Hearing):

Krispy Kreme & El Pollo Loco (Item 8B2 – First Hearing):

Outcome & Next Steps

La Victoria Commons: Approved unanimously (all three votes: general plan amendment resolution 7-0, zoning ordinance 7-0, development agreement 7-0). Project may proceed to construction phase; Copa Health Incorporated and Newtown Community Development Corporation hold rights to develop 123 affordable units (19 for-sale, 104 for-rent) on Apache Boulevard near light rail. Councilmember Garland stated the approval was "exactly the kind of development we want in Tempe" and noted that Copa Health's interest in the site predated the formal proposal by four to five years.

IDM Fountainhead (566 units, 25 acres, Priest Drive): First hearing completed; no vote taken. Second hearing and final vote scheduled for April 20, 2023. Council requested applicant to return with: (1) significantly increased EV charging station count (current proposal of 10 is insufficient), (2) unit-type breakdown and market rental rates, (3) confirmation of Hometown for All contribution, (4) feasibility analysis for affordable or workforce housing mix, (5) dog park option on adjacent property. The project is on track for approval but contingent on addressing council feedback.

Krispy Kreme & El Pollo Loco (6,022 sq ft, Arizona Mills): First hearing completed; no vote taken. Second hearing and final vote scheduled for April 20, 2023. Applicant to revisit Krispy Kreme operating hours (currently proposed 5:30 a.m.–10:00 a.m. a.m., flagged as too short by Councilmember Navarro to capture the 10:15–10:30 a.m. breakfast market window). Project otherwise tracking toward approval.

Coyotes Stadium Deal & Propositions 301/302/303: Referred to voters via special election. No council action taken on March 17. Corey D Woods cease-and-desist letters to ballot opponents remain outstanding. City Clerk entered written comments from Gail Shanks and Ron Pies (both opposed) into the official record; neither speaker was present to deliver remarks in person.

Police Misconduct Allegations: Comments from Chris Ruff and Darian Barrett entered into the public record. No formal council motion or commitment to investigate. Mayor Corey D Woods and council members took notes. The allegations concern Officer Anthony Nardini (alleged assault with vehicle door, August 2022, and arrest of Ruff for "running around [him] with a flashlight," March 2023) and Officer Kevin Austin Maloof (alleged doxxing/revealing of Darian Barrett's home address). Chief Glover was present in the chamber and directly addressed by Barrett ("I've sat down with you and Chief Glover before... reach out for more information"). No formal response or investigation commitment was made during the March 17 meeting.

Controversies & Context

Coyotes Stadium Deal & Developer Legal Threats:

The Tempe City Council referred three ballot propositions (301, 302, 303) related to the Coyotes hockey arena/entertainment district to voters on March 2, 2023, after unanimously approving a development and disposition agreement with Alex Morello (investor) and Bluebird development. The deal includes a 40 million dollar cash payment, assumption of 240 million dollars in environmental remediation costs (currently the city's liability), and annual public benefits worth approximately 7 million dollars cash plus 13 million dollars in equivalent value.

On or before March 17, 2023, attorney Corey D Woods (representing Morello) sent cease-and-desist letters to citizens who had placed signs in the community stating "vote no on proposition 301 302 303 because [the developer] is a criminal." Corey D Woods characterized these signs as defamation per se and threatened civil litigation against any party who did not remove the signs immediately.

Public speakers Tom Brown, Gail Shanks (written), and Ron Pies (written) objected to the legal threats, arguing that:

  1. Citizens have First Amendment rights to criticize a developer's record and character.
  2. The signs conveyed factual information about Morello's known business controversies (regulatory issues with gaming licenses, bank ownership, radio/TV station ownership—all of which require government approval and would be jeopardized if the owner faced criminal or corruption findings).
  3. The cease-and-desist strategy exemplified bullying and signaled that Morello would suppress dissent if the deal proceeded.
  4. The city had failed to hold a public information meeting to educate voters, leaving them reliant on Morello's PR campaign and grassroots opposition signs.

Corey D Woods response, delivered during public appearances, defended the letters as necessary to prevent defamation of Morello's character and integrity. He stated that Morello's gaming, banking, and broadcast licenses would be revoked if he were a criminal or corrupt, implying that regulatory scrutiny proves his innocence. Corey D Woods framed the cease-and-desist letters as a legitimate exercise of legal rights to protect his client's reputation, not intimidation.

The propositions remain scheduled for a special election; no council vote was taken on March 17 to alter the referendum process or address the cease-and-desist letters directly.

Police Misconduct Allegations & Constitutional Claims:

Two speakers, Chris Ruff and Darian Barrett, alleged a pattern of excessive force, constitutional violations, and arbitrary enforcement by Tempe Police:

  1. Assault with vehicle door (August 2022): Officer Anthony Nardini allegedly struck Chris Ruff with a police car door during a street encounter, causing a scar. Ruff stated he attempted to press charges, but the police department failed to contact him, witnesses, or collect evidence. The department allegedly told Ruff "it's not a crime for a police officer to strike me with the door."

  2. Retaliation arrest (March 2023): The same officer, Nardini, arrested Ruff a week before the March 17 meeting for "running around him with a flashlight"—an activity Ruff characterized as exercising his constitutional right to record police activity. Ruff framed the arrest as retaliation for his attempt to press charges regarding the August 2022 assault.

  3. Arbitrary application of city ordinances: Both Ruff and Barrett alleged that Tempe Police have been using city code provisions (e.g., "delay and obstruct" ordinance) to arrest activists recording police and then dismiss or defang the charges through department-level investigation, in which the employing agency investigates its own officers and finds "no wrongdoing."

  4. Doxxing and intimidation: Darian Barrett alleged that Officer Kevin Austin Maloof "doxed" him (revealed his home address) during a live stream, which Barrett took as a threat. Barrett delivered a formal notice to Chief Glover that he does not want Maloof in his neighborhood or in contact with Maloof's affiliates.

  5. Discriminatory stops: Barrett alleged that during a police search in March 2023, officers arrested a Black man and a Mexican man based on general descriptions, while detaining Barrett and another filmmaker who were recording the search.

  6. Reputational impact: Barrett stated that Tempe Police have attracted "hundreds of thousands if not millions of viewers" to misconduct videos in the past six months, suggesting a pattern of incidents captured on camera and shared widely online.

Council members took notes during the comments but did not formally respond, commit to an investigation, or ask follow-up questions. The lack of direct council engagement with the police allegations stands in contrast to councilmembers' expressions of support for the police department in their closing announcements (e.g., Councilmember Navarro: "I do support you, I do protect you, and I appreciate what you guys do out there"; Berdetta Hodge: "we do appreciate you and I know you have our back").

Housing Crisis Framing:

David Sokolowski's public comment articulated a housing policy argument that differentiated La Victoria Commons from opposition to other projects in Tempe. Sokolowski argued that Tempe should prioritize high-density, mixed-income housing near transit (particularly light-rail stations) rather than negotiating developers down to lower-density, single-family-focused projects out of "NIMBY" deference to neighborhood opposition. He invoked California's failed inclusionary zoning policies and gubernatorial statements about the perils of NIMBYism, arguing that Arizona cities must move forward boldly or risk the same housing crisis California faces. This framing positioned La Victoria Commons as a modest step in the right direction but potentially insufficient without systemic change in zoning and development standards.

Councilmember Garland's closing comment on La Victoria Commons affirmed this direction: "knowing my River meeting you several years ago at Rula Bula, back in the day before this project was even being talked about... I know that Copa Health was very interested in Tempe even back then... seeing 104 affordable for-rent apartments and 19 affordable for-sale units is exactly the kind of development we want in Tempe."

Duration

Other Notable Items

Proclamations & Recognitions:

The council presented three proclamations during the opening ceremony, honoring community members and local institutions:

  1. Tracy Dempsey Day (March 16, 2023): Mayor Corey D Woods proclaimed March 16, 2023, as "Tracy Dempsey—a Tempe Treasure" day, honoring the pastry chef and founder of Tracy Dempsey Originals bakery and retail shop on University Avenue. Dempsey has provided desserts to fine-dining restaurants throughout the Phoenix valley for over 20 years and opened her retail shop in 2017, selling CSA boxes, wine subscriptions, and supporting local artisans and nonprofits.

  2. Zuhair Mahmoud Katib Day (February 4, 2023): Corey D Woods proclaimed February 4, 2023 (with the proclamation read on March 17), as a day honoring Zuhair Mahmoud Katib, founder of Haji Baba Mediterranean restaurant and grocery store in Tempe. Katib, who immigrated from Syria, built Haji Baba into a 33-year institution that won 21 community awards. He passed away before the March 17 meeting; the proclamation was read in his memory and honored his contributions to the community, his philanthropy, and his family values.

  3. Lily Rice Day (March 24, 2023): Corey D Woods proclaimed March 24, 2023, as "Lily Rice Day" in honor of the Tempe Public Library staff member's retirement after 28 years of service (since 1995). Rice championed the Caitlyn Benson collection of books celebrating diversity and inclusion; the collection has grown to nearly 400 titles. Caitlyn Benson, a young girl who died at age nine and a half, inspired the collection in 2000 through her joyful spirit and determination despite living with differences and exceptionalities.

Historic Preservation Commission Appointments (Item 5A3):

Corey D Woods announced the reappointment of Redline Williams and Kyle Woodson and the new appointments of Andres Endres, Gene Robinson, and Aaron Davis to the City of Tempe Historic Preservation Commission.

City Manager & Council Announcements (Item 5B and Item 9):

The council conducted an extended announcements segment (Item 9) in which councilmembers highlighted upcoming events, committee meetings, and community initiatives: