City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -1- THE WEST VALLEY CITY COUNCIL MET IN STUDY SESSION ON TUESDAY, DECEMBER 10, 2019, AT 4:30 P.M. AT WEST VALLEY CITY HALL, MULTIPURPOSE ROOM, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2 Jake Fitisemanu, Councilmember District 4 ABSENT: Karen Lang, Councilmember District 3 STAFF PRESENT: Paul Isaac, Acting City Manager/Assistant City Manager/HR Director Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney Colleen Jacobs, Police Chief John Evans, Fire Chief Jim Welch, Finance Director Layne Morris, CPD Director Dan Johnson, Acting Public Works Director Jason Erekson, Parks and Recreation Director Sam Johnson, Strategic Communications Director Russ Bailey, Public Works Department John Rock, Administration Scott Buchanan, Police Department Carl Andreason, Fire Department APPROVAL OF MINUTES OF STUDY MEETING HELD DECEMBER 3, 2019 The Council considered the Minutes of the Study Meeting held December 3, 2019. There were no changes, corrections or deletions.  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -2- Councilmember Buhler moved to approve the Minutes of the Study Meeting held December 3, 2019. Councilmember Huynh seconded the motion. A voice vote was taken and all members voted in favor of the motion. REVIEW AGENDA FOR REGULAR CITY COUNCIL MEETING OF DECEMBER 10, 2019 Upon inquiry by Mayor Bigelow, members of the Council had no further questions or concerns regarding items listed on the Agenda for the Regular City Council Meeting scheduled later this night. AWARDS, CEREMONIES, AND PROCLMATIONS SCHEDULED FOR DECEMBER 17, 2019 A. PRESENTATION OF ENGLISH LANGUAGE AWARDS TO STUDENTS FROM GRANITE PEAKS LEARNING CENTER Students from Granite Peaks Learning Center will attend the December 17, 2019 Regular City Council Meeting to introduce themselves and receive recognition for gaining levels in English Language education. ORDINANCE 19-48: AMEND SECTION 1-2-105 OF THE WEST VALLEY CITY MUNICIPAL CODE TO AMEND CERTAIN FIRE DEPARTMENT FEES Carl Andreason, Fire Department, presented proposed Ordinance 19-48 that would amend section 1-2-105 of the West Valley City Municipal Code to amend certain Fire Department Fees. Written documentation previously provided to the City Council included information as follows: The West Valley City Fire Department charges fees for plan reviews for new and remodeled structures within the city. Those plan reviews include, but are not limited to, Hood systems, Spray booths, Sprinkler systems, Fireworks, Combustible storage, and inspection fees. Other Fire Prevention plan reviews and inspections as needed within the city and are consistent with industry standards. It is proposed that authorization be given by the City Manager to approve such changes as needed. Some proposals are wording clarification only. Others are new fees added because of more modem fire prevention designs such as Residential Sprinkler systems. Changes have been, and are continuously be made, to the International Fire Code which create necessary avenues for permits and fees. These new changes are indicated on the attached documentation.  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -3- Mayor Bigelow clarified that the change in fee applies to multiple types of units. Carl replied yes. Councilmember Huynh asked why the City had a higher fee system previously. Carl replied that he is unsure but noted that his predecessor set the original schedule. Councilmember Fitisemanu asked if this change will significantly impact the City’s income. Carl replied no and indicated that he has been charging the proposed amount since he assumed this position. He noted that this is simply codifying the practice that is already being done. The City Council will consider Ordinance 19-48 at the Regular Council Meeting scheduled December 17, 2019 at 6:30 P.M. RESOLUTION 19-167: SUPPORT AN INCREASE IN THE AMOUNT OF ENERGY DERIVED FROM RENEWABLE RESOURCES Paul Isaac, Acting City Manager presented proposed Resolution 19-167 that would support an increase in the amount of energy derived from renewable resources. Written documentation previously provided to the City Council included information as follows: HB 411 was passed in 2019 and sets a framework for Municipalities to work with Rocky Mountain Power and the State Utility Commission to create an “Alternative Rate Structure” that would seek to create a net offset of electrical usage for participants with renewable sources by 2030. While the process created is not necessary to accomplish the goal, it did increase awareness toward paths and desirability towards accomplishment. Councilmember Nordfelt stated that he feels the resolution allows for flexibility and doesn’t commit the City to anything specific tied to HB411. Mayor Bigelow stated that the City has done a lot regarding energy efficiency. He indicated that he would like staff to note what the City has already done in the resolution with detail. Councilmember Buhler stated he would be comfortable with this since it wouldn’t change the focus of the resolution. Mayor Bigelow stated that he would also like to add one clarifying statement indicating that no commitment is being made to an interlocal agreement or an expenditure of funds until more information is made available. Councilmember Fitisemanu stated that he doesn’t feel this is necessary since it is already implied. Councilmember Buhler agreed. Mayor Bigelow stated that he feels it’s important that this is clearly stated in the resolution. Councilmember Christensen suggested incorporating a statement that indicates no ongoing commitment or funds will be provided without the support of the City Council. Councilmember Huynh stated that the resolution is simple and he feels it’s sufficient as written. Mayor Bigelow stated that the public is not aware of what the Council and City  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -4- staff have done and he feels adding language will demonstrate the effort and work that has been applied to renewable energy projects long before HB411 was proposed. Councilmember Nordfelt stated that he would like to add a sentence that encourages residents to make similar changes. Paul stated that this resolution is intended to allow the City to have a seat at the table. Councilmember Nordfelt agreed and indicated that the City should still continue looking at alternative plans. The City Council will consider Resolution 19-167 at the Regular Council Meeting scheduled December 17, 2019 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR DECEMBER 17, 2019 A. RESOLUTION 19-168: AUTHORIZE THE CITY TO ENTER INTO AN EASEMENT PURCHASE AGREEMENT AND ACCEPT AN UNDERGROUND RIGHT OF WAY EASEMENT WITH AND FROM HUNTER PARK PLAZA LIMITED LIABILITY COMPANY FOR PROPERTY LOCATED AT APPROXIMATELY 3550 SOUTH 5600 WEST Mayor Bigelow discussed proposed Resolution 19-168 that would authorize the City to enter into an Easement Purchase Agreement and accept an underground Right of Way Easement with and from Hunter Park Plaza Limited Liability Company for property located at approximately 3550 South 5600 West. Written documentation previously provided to the City Council included information as follows: The Hunter Park Plaza Limited Liability Company parcel located at 3550 South 5600 West is one of several parcels affected by this project and which require acquisitions of Underground Right of Way Easements in favor of Rocky Mountain Power for the 3500 South Power Burial Project; approximately 5400 West to 6000 West. This project will be constructed in conjunction with the current phase of the Mountain View Corridor Project. As a Betterment to the Mountain View Corridor Project, is paying for the burial of overhead power lines between approximately 5400 West and 6000 West. Compensation for the purchase of the Underground Right of Way Easement and improvements is $8,900.00 based upon the compensation estimate prepared by the DH Group, LLC. As part of this project we are also required to pay for the replacement of an existing 3-phase HVAC roof top unit with a new single-phase HVAC roof top unit as Rocky Mountain Power will no longer be providing 3-phase power to this site. Cost of the HVAC is $9,425.00 based upon a bid for Jones Heating and Air Conditioning, Inc. Total compensation for this property is $18,325.00. Upon inquiry, there were no further questions or concerns expressed by members  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -5- of the City Council. The City Council will consider Resolution 19-168 at the Regular Council Meeting scheduled December 17, 2019, at 6:30 P.M. COMMUNICATIONS A. STRATEGIC PLAN PRESENTATION- LEGAL DEPARTMENT Eric Bunderson, City Attorney, presented a PowerPoint presentation summarized as follows: - Executive Summary o The Legal Department is fully manned, trained, and ready to execute its mission for 2020. The Legal Department will ask for Program Mods in order to cover higher insurance premiums based on new properties built by the City in the last fiscal year. The Legal Department provides comprehensive in-house legal counsel, prosecution, risk management, collection, and victim advocate services to the City, its affiliated entities, and its personnel. The Legal Department consists of 25 employees, including 11 attorneys, 7 support staff, and 7 victim advocates. Our budget was $4,327,065 for FY 19-20. - Risk Management o During the last year the Legal Department worked with all departments to coordinate and pass a series of insurance inspections from our main insurance provider, URMMA (Utah Risk Management Mutual Association), as well as AFM Global. During these inspections engineers and URMMA employees examined sprinkler systems, fire hazards, trip and slip hazards, as well as personnel policies and training. We successfully passed the URMMA inspections, and while the AFM inspections do not include a pass/fail, we have learned and attempted to incorporate many safety and risk items from those inspections. The Legal Department has overseen numerous claims as well as managed outside counsel on the handful of lawsuits which are discussed with the Council during closed meetings. - Civil Division o The Civil Division is housed in City Hall and consists of three attorneys, excluding the City Attorney, and four support staff. The Civil Division provides support to all departments in all aspects of operations, including personnel issues, land use, MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -6- contracts and collections. One attorney is also assigned full time to public safety. o In the past year, the Civil Division has decided to ensure that all employees spend significant time working directly with residents at the front window. This has helped us to understand our residents and their concerns better. It has also helped us identify more efficient solutions and connect our residents with the City resources that may be available to address their needs. This has been highly successful and we will be continuing to do this in the year ahead. o The Civil Division has also examined our collections process and identified ways to save City resources by implementing simpler and more streamlined procedures. This has helped us maintain collection success while reducing the cost to the City. o In addition to focusing on engagement with residents, we have also emphasized cross-training among our division’s employees. This has allowed us to be more efficient when any one of us is unavailable and has helped us ensure that we are able to perform our tasks when emergencies, unusually busy times, or everyday illnesses come up. - Prosecution o The Prosecution Division consists of 7 attorneys and 3 support staff. The Prosecution Division prosecutes all misdemeanors that occur within the boundaries of West Valley City. As a reminder, misdemeanor crimes are those which are punishable by less than one year imprisonment. Infractions, class C misdemeanors and class B misdemeanors are all prosecuted in the West Valley City Justice Courts. These courts are located directly across the train tracks from City Hall. Two judges, Clint Gilmore and Brendon McCullagh, preside over these cases. The most serious B and C misdemeanors are domestic violence cases and DUIs. o The Prosecution Division also prosecutes cases in the 3rd District Court, at the Matheson Courthouse on 450 S State Street. As a result of recent state law changes, we now prosecute many class A drug and theft charges, as well as domestic violence cases with greater injuries and DUI cases that involve children or injuries. o The prosecutors also rotate on a yearly basis through the United States Attorney’s Office, prosecuting violent gun cases that occur within the boundaries of West Valley City. This MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -7- partnership has been in place for over a decade and has yielded several long sentences for some of West Valley City’s worst criminals. o The Prosecution Division upgraded software this year, which will lead to increased efficiency and information sharing. o Our prosecutors range in experience from 19 years to 2 years. They are constantly cross training and up-to-date on all bar licensing requirements, including continuing legal education (CLE) that include the latest case law and statutory updates. o Our prosecutors also have seats on various committees in the criminal justice system, including the Statewide Association of Prosecutors. - Victim Advocates o Victim Advocates are part of the Prosecution Division and assist in all aspects of misdemeanor prosecution. Victim Advocates work in courtrooms, on scene anywhere in the City, and directly with police on any cases that involve victims and, in fact, have satellite offices within the new Police Headquarters, where they are ready and on call 24/7. The Victim Coordinator, in combination with the Legal Department’s Office Manager, administers several grants which allow the victim advocates to provide exemplary service for citizens of West Valley City. o This year, our long time Victim Coordinator, Rachelle Hill, left to work for the State. She was replaced by Sharla Hansen (Perrett), a 21 year veteran in our office. - Program Mods o The only Program Mods the Legal Department will ask for this year will be for increases in our insurance premiums. These increases are primarily due to the new buildings that the City has constructed over the last few years, including the Fire Statement and Police Headquarters. Additionally, new leadership at URMMA is also changing some premium calculations, including the traditionally very low insurance premium for the RDA. We are discussing this issue with URMMA, but at this time we will be asking for an increase in that budget in order to pay for the increased premium. - Summary o The Legal Department is prepared and stands ready to support the City in improving the health, welfare, and safety of our citizens for the next year.  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -8- Councilmember Buhler asked if recent changes regarding paralegal practitioners impact the city. Eric replied the City doesn’t have paralegals and he doesn’t anticipate any impacts. B. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events. Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Council Suggestions Nichole Camac, City Recorder, stated that the Police Department will have an item next week for renewal of a contract for body worn cameras. It will need to be studied and voted on to avoid a 20% increase in cost. Councilmember Buhler stated that he would like to look at possible changes to campaign finance statement regulations. He indicated there seems to be a lack of penalties and he’d like to consider adopting more stringent ordinances. Councilmember Fitisemanu asked why recordings of Study Meetings are not posted publicly. Nichole replied that this has been the practice. She noted that a Council Chambers media update is scheduled next week that addresses this. Councilmember Fitisemanu requested a follow up on the traffic control measures that are being conducted in neighborhoods as a result of the 4100 South project. Inoperable/Unregistered Vehicles on Private Property Mayor Bigelow stated that he understands how some residents may have concern about being ticketed by Code Enforcement for working on old, classic cars as a hobby. Councilmember Buhler stated that it’s difficult to define various types of cars, what a hobby is, what a classic vehicle is, etc. After further discussion, the Mayor and Council chose not to pursue any changes at this time. B. COUNCIL REPORTS COUNCILMEMBER CHRISTENSEN- EMPLOYEE CHRISTMAS PARTY, SYMPHONY  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -9- Councilmember Christensen stated that he attended the Employee Christmas party and enjoyed seeing the employee awards. He stated he also attended the symphony concert at UCCC and was well attended and a great event. MAYOR BIGELOW- TONGAN EVENT Mayor Bigelow stated that he attended and spoke at a Tongan Community event. MOTION FOR CLOSED SESSION Councilmember Buhler moved to adjourn and reconvene in a Closed Session for discussion of pending litigation. Councilmember Christensen seconded the motion. A voice vote was taken and all members voted in favor of the motion. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY DECEMBER 10, 2019 WAS ADJOURNED AT 5:20 PM BY MAYOR BIGELOW. I hereby certify the foregoing to be a true, accurate and complete record of the proceedings of the Study Meeting of the West Valley City Council held Tuesday, December 10, 2019. _______________________________ Nichole Camac, CMC City Recorder THE WEST VALLEY CITY COUNCIL RECONVENED IN CLOSED SESSION ON TUESDAY, DECEMBER 10, 2019 AT 5:23 P.M., IN THE MULTI-PURPOSE ROOM, WEST VALLEY CITY HALL, 3600 CONSTITUTION BOULEVARD, WEST VALLEY CITY, UTAH. THE MEETING WAS CALLED TO ORDER BY MAYOR BIGELOW. THE FOLLOWING MEMBERS WERE PRESENT: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large Tom Huynh, Councilmember District 1 Steve Buhler, Councilmember District 2  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 10, 2019 -10- Jake Fitisemanu, Councilmember District 4 ABSENT: Karen Lang, Councilmember District 3 STAFF PRESENT: Paul Isaac, Acting City Manager/Assistant City Manager/ HR Director Nichole Camac, City Recorder Nicole Cottle, Assistant City Manager/General Counsel/ CED Director Eric Bunderson, City Attorney The City Council met in Closed Session and discussed pending litigation. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY CITY COUNCIL, THE CLOSED SESSION OF DECEMBER 10, 2019 WAS ADJOURNED AT 5:34 P.M. BY MAYOR BIGELOW. __________________________________ Nichole Camac – City Recorder