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08/11/2020 - Work Session - MinutesMINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 1 The City Council met in Work Session on Tuesday, August 11, 2020, in an Electronic Meeting, pursuant to Salt Lake City Emergency Proclamation No. 2 of 2020(2)(b). In Attendance: Council Members Chris Wharton, James Rogers, Andrew Johnston, Amy Fowler, Analia Valdemoros, Daniel Dugan, and Darin Mano. Staff in Attendance: Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno, Council Executive Deputy Director; Rachel Otto, Mayor’s Chief of Staff; Katherine Lewis, City Attorney; Allison Rowland, Council Public Policy Analyst; Lisa Shaffer, Mayor’s Deputy Chief of Staff; Nick Norris, Planning Director; Samuel Owen, Council Policy Analyst; Russell Weeks, Council Policy Analyst; John Anderson, Planning Manager; Robert Nutzman, Council Administrative Assistant; Jennifer McGrath, Community and Neighborhoods Deputy Director; Benjamin Luedtke, Council Policy Analyst; Kaletta Lynch, Mayor’s Executive Assistant; Rick Rasmussen, Police Civilian Review Board Administrator; Jonathan Larsen, Transportation Director; Lewis Kogan, Trails and Natural Lands Division Director; DeeDee Robinson, Deputy City Recorder; and Scott Crandall, Deputy City Recorder, were present. Councilmember Wharton presided at and conducted the meeting. The meeting was called to order at 2:05 p.m. 2:05:52 PM AGENDA ITEMS #1.2:07:07 PM Informational: Updates Relating to Mayor’s Proclamations Declaring Local Emergencies for COVID-19, March Earthquake, and Recent Protests. The Council will receive an update from the Administration about the Mayor’s emergency declarations relating to COVID-19 (coronavirus), the March 18th earthquake in the Salt Lake Valley, and recent protests in the City. As part of the update, the Council may discuss public health and other public safety, policy and budget issues stemming from the emergency events. The Administration may also provide information or updates from organizations or experts related to the emergency responses and coordination, including but not limited to earthquake damage to the City, the functioning of the Emergency Operations Center (EOC), City response and aid, and the status of City buildings. MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 2 Rachel Otto and Lisa Shaffer briefed the Council regarding the following issues/requests from the Council: • COVID-19 Updates: extension of Emergency Declaration, long- range plan rolling out September 1, 2020, data regarding areas of the City with highest impacts, forthcoming information regarding CARES funding allocations, and update on modified City operations (upcoming release of the Readiness Action Modification Plan – RAMP). • Status/updates on encampment mitigation/abatements/clean-up efforts in the City, short-term solutions, partnership opportunities, contracted providers, etc. • Launch of the Rose Park Connect/Digital Equity efforts, and impending additional Wi-Fi service provided at the Sorensen Unity Center. Councilmember Johnston said he was aware of issues regarding daytime pop-up sheltering (separate from over-night camping) on North Temple, he commended local businesses for their own clean- up efforts, and said more City resources were needed immediately throughout the next eight weeks (to October) for supporting the winter overflow shelters. He expressed frustration with recent comments made by a Utah State Representative that the City was not doing its part on following up on Operation Rio Grande (assisting with the Rio Grande area), and felt the City was left to carry the brunt of the burden (over all other cities on the Wasatch Front). He added that small businesses were being disproportionately affected (by homeless encampments, needing clean-up of waste, etc. – effectively driving business away) in some areas of the City and needed immediate support (City resources), focusing on the Ball Park, 100 South, downtown, and North Temple areas. Straw Poll: Support for Administration to provide a budget proposal as soon as possible for increasing services (more frequent) with Advantage Services for clean-ups in the North Temple area and Districts 4 & 5, (including additional portable restrooms), and begin an increased level of service (clean-ups) as soon as possible. Councilmember Fowler provided a statement of clarity for the straw poll and said this would express support for the Administration to work with Staff to take the necessary steps to increase services as soon as possible along with providing information regarding time-frames (how soon), and return to the Council with short-term, mid-term, and long-term proposals MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 3 (sustainable increased frequency of services). All Council Members were in favor. #2.2:59:00 PM Informational: Updates on Racial Equity and Policing. The Council will hold a discussion about recent efforts on various projects City staff are working on related to racial equity and policing in the City. The conversation may include issues of community concern about race, equity, and justice in relation to law enforcement policies, procedures, budget, and ordinances. Discussion may include: • Review of the current Police Civilian Review Board (PCRB) ordinance and a discussion of potential changes; • 3:56:45 PM An update or report on the newly created Commission on Racial Equity in Policing (REP); and • Other project updates or discussion. View Attachments 3:57:24 PM Kaletta Lynch briefed the Council regarding updates on the REP Commission, including: • Commission began with six core commission members (selected to lead in the structure of the commission) • Commission members met in July to discuss criteria for selection of additional members, ensuring new members represented diverse communities, backgrounds, expertise, and different viewpoints • Current total of 18 commission members, looking to add one additional member, as well as a Youth sub-committee (consisting of 10 members – two being a part of the larger commission), for a total of 21 voting members of the commission • A Joint Resolution would be forthcoming for the Council’s review/decision, establishing the commission as a public body under the Open Public Meetings Act • Commission was currently meeting to establish meeting logistics; ensuring the process established aligned with Open Public Meetings Act, allowing for transparency, and held in a public platform for all to join (no barriers to access for the public), and working to establish designated times within the meetings for public members to speak • Requests for Proposal (RFP) Facilitator process/applications closed on July 15 (nine applications received) and review committee chose three companies to move forward to the next step of the process • Email established for the public to provide input prior to public meetings. (REPCommission@slcgov.com) MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 4 Allison Rowland provided information regarding the process of the PCRB, the structure of the PCRB was compliant with State law and provided a summary of issues/concerns/follow-up brought forth by Council Members. Katherine Lewis provided information regarding specific ordinance language for subpoenas (Mayor having authority to compel a witness or City employee to meet with/be interviewed by PCRB Administrator), witnesses and City employees could be subpoenaed under the current ordinance language, Council having authority to re-evaluate the panel (five members from full board, new panel selected for each new case) vs. board (14 members) structure changes within the ordinance, and requirements/prohibitions for serving on the board. Rick Rasmussen discussed the interview process, and provided the following information: • PCRB never having to mandate the appearance of an employee (exercise the Mayor’s authority for limited subpoena power) • Compliance for all past requests to the Police Department for employee interviews • No PCRB panel has requested to interview a witness or City employee • How often the board heard cases (to date, five officer- involved shooting cases, three non-officer involved cases). Councilmember Wharton expressed concerns that previously obtained information stated the City could not issue subpoenas and subsequently received criticism from citizen groups that sought changes to the PCRB (for not having an ordinance that allowed for the issuance of subpoenas). He said having known of the allowance for subpoenas, the public could have been properly informed. Councilmember Fowler suggested small group meetings with PCRB members to review their thoughts on the board and asked Staff/Administration to coordinate with any willing members to meet with the Council to flush out any concerns and see how the Council could better support the board, thus creating the necessary changes to the ordinance. #3.3:38:18 PM Ordinance: Dockless Shared Mobility Devices (Electric Scooters) Follow-up. The Council will receive a follow- up briefing about a proposed ordinance that would regulate the use MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 5 of electric scooters and other dockless, shared mobility devices in the City. The Council would also consider amending the Consolidated Fee Schedule as part of the dockless shared mobility device ordinance. Currently, dockless scooter companies operate under temporary operating agreements until an ordinance is passed. The latest version of a draft ordinance was sent to the Council in March 2020. The updated ordinance incorporates some feedback and concerns including additional requirements for safety features, insurance requirement changes, and language to better differentiate between scooters and devices - motorized or otherwise – used by individuals with reduced or specialized mobility, among other changes. View Attachments Samuel Owen introduced the proposal and indicated this was the third briefing. Jonathan Larsen briefed the Council regarding the following information: • Brief timeline (Summer 2018 to Summer 2020): scooter launch/pilot program began, launch of survey/website/email, State Legislation, five vendors in operation, draft ordinance, additional surveys conducted, updated ordinance, and eventual ordinance adoption • Next steps (post ordinance adoption): competitive process to limit up to two vendors, fee adoption, contracting, provide resources to run program and develop performance monitoring/reporting, and continue to listen/observe/adapt • Fee structuring options: flat up-front fee, per ride fee, or hybrid (smaller up-front fee plus a per ride fee – City recommended) • Accountability: competitive process for limited licenses, performance monitoring, annual renewal of contract, potential fines, incentives, etc. • Upcoming staffing needs Jennifer McGrath said a fee analysis was conducted and it was determined the program would cost between $150,000 to $200,000/year (to meet basic operating requirements/operate the program) and it would be helpful to receive direction from the Council on preference of a fee structure (per ride, hybrid, or up- front fee). #4. 4:04:20 PM Ordinance*: Zoning Text Amendment to Increase Building Height Limits in a Portion of the G-MU Zone Follow-up. MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 6 The Council will receive a follow-up briefing about a request to increase the building heights within a portion of the G-MU (Gateway Mixed Use) zoning district from a current maximum of 120 feet up to 190 feet across portions of two separate blocks located between 500 West and the railroad tracks (approximately 625 West) and 200 South and 400 South. The applicant is requesting the change for a specific development project. *The Planning Commission forwarded a negative recommendation, therefore an ordinance has not been drafted. If the Council decides to approve the zone amendment, an ordinance would be drafted and considered for approval. View Attachments Russell Weeks introduced the proposal, indicated this was the Council’s third discussion on the issue, and explained the two motions presented to the Council. John Anderson provided clarification on the motions before the Council and indicated a straw poll would be helpful to know Council’s position and to begin working with the Attorneys Office to draft an ordinance. Straw Poll: Support for adoption of language originally written by the petitioner in a proposed ordinance to increase building heights within the geographic area proposed by the petitioner, along with a requirement that new construction of buildings within the geographic area be subject to design review and design review standards set out in Salt Lake City Municipal Code 21A.59.050, and for the Administration to initiate a study of building heights in the greater downtown, starting with the Station Center and North Temple Street areas, followed by areas identified for transit-oriented development, and then by areas that made up the greater downtown generally defined by the existing D-1, D-2, D-3, D-4 and G-MU zoning districts. All Council Members were in favor. Nick Norris provided information regarding the GMU zone ground floor use requirements, and said the proposed area was not yet included on the zoning map (zoning was changed recently), and also indicated a review could be made regarding design review/ground floor uses and forwarded to the Council. #5. Tentative Break (no break) MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 7 #6.4:23:30 PM Resolution: Capital Improvement Program Projects Follow-up. The Council will receive a follow-up briefing about a resolution for project funding allocations in the Capital Improvement Program (CIP), which involves the construction, purchase or renovation of buildings, parks, streets or other physical structures. Generally, projects have a useful life of five or more years and cost $50,000 or more. View Attachments Benjamin Luedtke indicated this was the Council’s third briefing, tonight was the second public hearing, and the Council was set to take action on August 18, 2020. He said since the July 14 briefing, there was a potential future capital project (adding interior lighting to Jefferson Park). Councilmember Mano provided a summary regarding the Jefferson Park lighting and said there was a meeting between the Parks Department and the community a few weeks ago where suggestions were made on how more lighting could be added to the park in conjunction with a new walking path (as ways to make the park safer). He said this project had the potential to be appropriate for parks impact fees. He added the lack of lighting in the area had become an increasing concern among the community, and it was within the City’s consideration to provide lighting and help the neighborhood. Councilmember Fowler expressed frustration with the CIP process this year and said she was not opposed to the Jefferson Park project but noted no other potential projects were funded this year and she could not be supportive of adding this project to the current CIP. Councilmember Mano explained that the Parks Department came to the community with specific lighting options and asked the community for their input. He said this project would require a budget amendment or CIP funding. Councilmember Johnston inquired if utilities knew of the cost to install lighting on existing light poles on Paramount Street, and if funding for it could be found in the existing budget, the mitigation budget, or any other existing budgets as a stop gap measure as budget openings go forward. Jennifer Bruno said there were a few available paths (all ending in Council action) and it would either require an allocation of General Fund dollars, a budget amendment within the Public Utilities street lighting fund, or a public benefit analysis. MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 8 Councilmember Wharton inquired how it might make more sense to go with the CIP process or a budget amendment (from a budgetary standpoint). Ms. Bruno said one benefit of the CIP process was it received review by a citizen review committee. Cindy Gust-Jenson added that the City preferred projects like this go through the CIP process, however; this one might have excess needs that justified additional funding from other sources and it would be up to the Council to discuss/decide where the funding came from. Jennifer McGrath alerted the Council that issues might arise with moving projects forward if funding was not allocated (delaying until Fall or later), impacting the ability to move forward with studies, placing projects out for bid (for completing engineering work), etc. #7.4:49:38 PM Informational: Municipal Renewable Energy Project Update. The Council will receive a briefing about the Administration’s recent efforts to align more City operations with renewable energy resources. The update primarily includes a solar project opportunity and City financial impacts for repowering municipal electricity needs with renewable energy. View Attachments Councilmember Wharton said he would move this item to a written briefing. No discussion was held. #8.4:50:40 PM Ordinance: Vegetation Reduction Permits for Wildfire Mitigation Follow-up. The Council will receive a follow- up briefing about a proposal for a new permit program that would allow qualifying residents to reduce vegetation on a strip of City- owned open lands adjacent to their properties to reduce potential wildfire fuel sources. Only properties managed by the Parks and Public Lands Division, such as the Foothills Natural Area or the Jordan River Parkway, would be eligible. The proposal seeks to strike a balance between the City’s limited budget for public lands management and the concerns of some residents about the risk of wildfires spreading to their properties. View Attachments Allison Rowland introduced the proposal, indicated a public hearing date would be set tonight (September 15, 2020), and potential action would be on October 6, 2020. Lewis Kogan briefed the Council regarding: • History of the proposal; MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 9 • Multiple requests being received from the community for permission to conduct vegetation removal; • No previous mechanism to permit/allow vegetation removal to occur; • Importance of considering wildlife habitat, recreation, scenic values, etc. in conjunction with fire mitigation; • Permit program being available to any private homeowner who lived immediately adjacent to a property that was managed by Salt Lake City Public Lands (parks or natural areas); and • Limits on vegetation removal (Foothills up to 30 feet from property boundary and up to 5 feet in urban areas from property boundary). #9.4:57:57 PM Advice and Consent: Salt Lake City Economic Development Director – Ben Kolendar. The Council will interview Ben Kolendar prior to considering his appointment as Director of the Economic Development Department. View Attachments Councilmember Wharton said Mr. Kolendar’s name was on the Consent Agenda for formal consideration. #10.5:09:38 PM Advice and Consent: Chief Human Resources Officer – Debra Alexander. The Council will interview Debra Alexander prior to considering her appointment as the Chief Human Resources Officer. View Attachments Councilmember Wharton said Ms. Alexander’s name was on the Consent Agenda for formal consideration. #11. 5:27:31 PM Board Appointment: Utah Performing Arts Center Agency (UPACA) – Danny Walz. The Council will interview Danny Walz prior to considering his appointment to the Utah Performing Arts Center Agency (UPACA) for a term ending August 11, 2024. View Attachments Councilmember Wharton said Mr. Walz’s name was on the Consent Agenda for formal consideration. #12. 5:30:21 PM Board Appointment: Business Advisory Board – Alfonso Brito. The Council will interview Alfonso Brito prior to considering his appointment to the Business Advisory Board for a term ending December 30, 2024. View Attachments MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 10 Councilmember Wharton said Mr. Brito’s name was on the Consent Agenda for formal consideration. #13. 5:34:11 PM Informational: Update on Sustainability Projects for Quarter 3 Fiscal Year 2019-2020 The Council will receive a written briefing from the City’s Sustainability Department about the quarter three status of Sustainability Projects approved in the Fiscal Year 2019-20 budget, as of June 2020. View Attachments Written briefing only. #14. 5:34:16 PM REPORT OF THE CHAIR AND VICE CHAIR. No discussion was held. #15. 5:34:24 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. The Council may give feedback or staff direction on any item related to City Council business, including but not limited to scheduling items. No discussion was held. MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, AUGUST 11, 2020 20 - 11 #16. 7:10:05 PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE. Councilmember Fowler moved and Councilmember Johnston seconded to enter into Closed Session to discuss pending or reasonably imminent litigation pursuant to Utah Code §52-4- 205(1)(c); and Advice of Counsel, Utah Open and Public Meetings Law. A roll call vote was taken. Council Members Johnston, Wharton, Mano, Valdemoros, Dugan, Fowler, and Rogers voted aye. See File M 20-1 for Sworn Statement. In Attendance: Council Members Johnston, Valdemoros, Wharton, Fowler, Rogers, Dugan, and Mano. Others in Attendance: Cindy Gust-Jenson, Jennifer Bruno, Lehua Weaver, Lisa Shaffer, Amanda Lau, Benjamin Luedtke, Katherine Lewis, Mark Kittrell, Rachel Otto, Allison Rowland, Robert Nutzman, Samuel Owen, DeeDee Robinson, and Scott Crandall. The Work Session meeting adjourned at 5:35 p.m. The Closed Session adjourned at 8:14 p.m. Minutes were approved on Tuesday, January 19, 2021 _______________________________ COUNCIL CHAIR _______________________________ CITY RECORDER This document is not intended to serve as a full transcript as other items may have been discussed; please refer to the audio or video for entire content pursuant to Utah Code §52-4-203(2)(b). This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held August 11, 2020. sc/dr Chris Wharton (Jan 26, 2021 22:17 MST) Cindy Trishman (Jan 26, 2021 22:50 MST) Please sign: August 11, 2020 Work Session minutes Final Audit Report 2021-01-27 Created:2021-01-22 By:Cindy Trishman (cindy.trishman@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAA64XOLy2E3vcxXdxQm6-c3W2kd37YJn2- "Please sign: August 11, 2020 Work Session minutes" History Document created by Cindy Trishman (cindy.trishman@slcgov.com) 2021-01-22 - 6:31:52 PM GMT- IP address: 204.124.13.151 Document emailed to Chris Wharton (chris.wharton@slcgov.com) for signature 2021-01-22 - 7:43:45 PM GMT Email viewed by Chris Wharton (chris.wharton@slcgov.com) 2021-01-27 - 5:17:05 AM GMT- IP address: 73.63.28.254 Document e-signed by Chris Wharton (chris.wharton@slcgov.com) Signature Date: 2021-01-27 - 5:17:17 AM GMT - Time Source: server- IP address: 73.63.28.254 Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2021-01-27 - 5:17:19 AM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2021-01-27 - 5:50:13 AM GMT - Time Source: server- IP address: 204.124.13.222 Agreement completed. 2021-01-27 - 5:50:13 AM GMT