City Council Study Meeting

MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -1- THE WEST VALLEY CITY COUNCIL MET IN ELECTRONIC STUDY SESSION ON TUESDAY, DECEMBER 8, 2020 AT 4:30 P.M. THE MEETING WAS CALLED TO ORDER AND CONDUCTED BY MAYOR BIGELOW. THE MEETING WAS HELD ELECTRONICALLY VIA ZOOM. THE FOLLOWING MEMBERS WERE PRESENT ELECTRONICALLY: Ron Bigelow, Mayor Lars Nordfelt, Councilmember At-Large Don Christensen, Councilmember At-Large (arrived as noted) Steve Buhler, Councilmember District 2 Karen Lang, Councilmember District 3 ABSENT: Tom Huynh, Councilmember District 1 Jake Fitisemanu, Councilmember District 4 STAFF PRESENT ELECTRONICALLY: Wayne T Pyle, City Manager Nichole Camac, City Recorder Paul Isaac, Assistant City Manager/ HR Director 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 Russ Willardson, Public Works Director Jason Erekson, Acting Parks and Recreation Director Sam Johnson, Strategic Communications Director APPROVAL OF MINUTES OF STUDY MEETING HELD DECEMBER 1, 2020 The Council considered the Minutes of the Study Meeting held December 1, 2020. There were no changes, corrections or deletions. Councilmember Buhler moved to approve the Minutes of the Study Meeting held December 1, 2020. Councilmember Lang seconded the motion.  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -2- A voice vote was taken and all members voted in favor of the motion. REGULAR CITY COUNCIL MEETING OF DECEMBER 8, 2020- CANCELED PUBLIC HEARINGS SCHEDULED FOR DECEMBER 15, 2020 A. ACCEPT PUBLIC INPUT REGARDING THE WEST VALLEY CITY POLICE DEPARTMENT'S ACCEPTANCE OF A JUSTICE ASSISTANCE GRANT (JAG) THROUGH THE U.S. DEPARTMENT OF JUSTICE PROGRAMS Mayor Bigelow informed a public hearing had been advertised for the Regular Council Meeting scheduled December 15, 2020, in order for the City Council to hear and consider public comments regarding the West Valley City Police Department's acceptance of a Justice Assistance Grant (JAG) through the U.S. Department of Justice Programs. Proposed Resolution 20-179 related to the proposal to be considered by the City Council subsequent to the public hearing, was discussed as follows: ACTION: RESOLUTION 20-179, AUTHORIZE WEST VALLEY CITY TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Colleen Jacobs, Police Chief, discussed proposed Resolution 20-179 that would authorize West Valley City to accept the Edward Byrne Memorial Justice Assistance Grant. Written documentation previously provided to the City Council included information as follows: The U.S. Department of Justice Program is awarding the West Valley City Police Department the 2020 Edward Byrne Memorial Justice Assistance Grant (J.A.G.). The allowable expenses of the grant are the purchase of equipment, to fund training, to fund programs they approve through the application process. The funds are allocated to West Valley City based on a formula that considers the population of West Valley City and our part one crime statistics. There is separate funding allocated to each state to ensure fairness. The J.A.G. Program allows states and local governments implement otherwise unfunded programs designed to improve the criminal justice system. The Police Department’s Public Order Unit (POU) is a group of officers and supervisors that have been specifically trained to deal with civil unrest  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -3- including facing violence and riots. The POU needs specialized training, less-lethal equipment, gas masks, as well as communications and protective equipment. The additional equipment and training this grant would fund is desperately needed and in keeping with the best practices for Public Order teams. The officers, supervisors, and commanders of the POU need to be properly trained. The Public Order Command Course is essential for the supervisors and commanders assigned to manage the Public Order Unit. The training covers the constitution, legal limitations, tactics, teamwork, communications, deployments, risk management, reporting, and other topics directly related to supervising the officers that are protecting life and property during protests and riots. Mayor Bigelow asked how many officers are trained in the department and how many additional officers this grant would fund for training. Chief Jacobs replied there is one supervisor and 6 officers. She noted another supervisor and 6 officers would be trained. Training would encompass response to protecting life and property during protests and riots. The City Council will consider Resolution 20-179 at the Regular Council Meeting scheduled December 20-179, 2020 at 6:30 P.M. Councilmember Christensen arrived at 4:36 PM. RESOLUTION 20-180: APPROVE A FRANCHISE AGREEMENT BETWEEN ZAYO GROUP, LLC AND WEST VALLEY CITY FOR A TELECOMMUNICATIONS NETWORK IN THE CITY Wayne Pyle, City Manager, presented proposed Resolution 20-180 that would approve a Franchise Agreement Between Zayo Group, LLC and West Valley City for a telecommunications network in the City. Written documentation previously provided to the City Council included information as follows: Applications for telecommunications networks in West Valley City are governed by Chapter 20-5 of the City Code. The franchise granted by this Agreement is for a 10 year period, with the option to renew for an additional 10 years with the same terms and conditions. Chapter 20-6 of the City Code permits the City to require all telecommunications providers to collect taxes from their customers and deposit them with the Utah State Tax Commission. This agreement memorializes this  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -4- provision as well as acknowledging Zayo’s duty to secure permits from Public Works for any excavation or construction. The City Council will consider Resolution 20-180 at the Regular Council Meeting scheduled December 15, 2020 at 6:30 P.M. CONSENT AGENDA SCHEDULED FOR DECEMBER 15, 2020 A. RESOLUTION 20-181: RATIFY THE CITY MANAGER'S APPOINTMENT OF CASSIE CORBRIDGE AS A MEMBER OF THE CLEAN AND BEAUTIFUL COMMITTEE Mayor Bigelow discussed proposed Resolution 20-181 that would ratify the City Manager's appointment of Cassie Corbridge as a member of the Clean and Beautiful Committee. Written documentation previously provided to the City Council included information as follows: Cassie Corbridge is willing to serve as a member of the West Valley City Clean and Beautiful Committee. Members of the West Valley City Clean and Beautiful Committee are appointed for a four year term by the City Manager with the advice and consent of the City Council. Upon inquiry, there were no further questions or concerns expressed by members of the City Council. The City Council will consider Resolution 20-181 at the Regular Council Meeting scheduled December 15, 2020, 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 2021. The Legal Department may ask for Program Mods in order to cover high insurance premiums based on market forces beyond our control. The Legal Department provides comprehensive in-house legal counsel, prosecution, risk management, collection, and victim advocate MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -5- 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 for FY 20-21 is $4,428,766. - 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, URMA (Utah Risk Management Agency), as well as AFM Global. During these inspections, engineers and URMA employees examined sprinkler systems, fire hazards, trip and slip hazards, as well as personnel policies and training. We successfully passed the URMA 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. o 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. o COVID-19 Update  Risk management issues abound in a pandemic environment. Legal has worked with the departmental risk managers and Executive Staff to address issues of exposures, workplace safety, and telecommuting. Inspections have taken place virtually as much as possible. In litigation, Plaintiffs, knowing their trials will be delayed for at least a year, are more willing to settle cases for much lower amounts of money when we deem it necessary to settle. - 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 contracts, and collections. One attorney is also assigned full time to public safety. 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 This year, we have continued to emphasize cross-training among our division’s employees. This has allowed us to be more MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -6- 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. o COVID-19 Update  The measures implemented last year by the Civil Division have proven to be invaluable in the context of the COVID-19 pandemic. Reducing complexity and increasing flexibility has enabled our work to move forward without undue disruption. In response to the circumstances of the pandemic, the Civil Division has evaluated software and personnel needs to ensure that we are as self-sufficient as possible. This has allowed the Civil Division to respond immediately to changing health recommendations and workflows without creating additional work for other departments within the City. Even as the pandemic abates, these measures will continue to allow the Civil Division to be as productive as possible without consuming additional resources. - 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 at 450 South State Street. We prosecute many 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 partnership has been in place for over a decade and has yielded several long sentences for some of West Valley City’s worst criminals. MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -7- o Our prosecutors range in experience from 20 years to 3 years. They are constantly cross training and are up to date on all bar licensing requirements, including continuing legal education (CLE) that include the latest case law and statutory updates. Our prosecutors also have seats on various committees in the criminal justice system, including the Statewide Association of Prosecutors. o COVID-19 Update  Since March, most in-person interactions at the courts have been restricted by the Utah Supreme Court. Prosecutors have been making nearly all court appearances via WebEx video. They have worked hard to adapt to the new challenges of the pandemic. The largest challenge is that jury trials have been postponed by the State, leading to a large backlog of cases that are still in need of "in-person" trials. We estimate that this backlog will take at least a year to clear out. Meanwhile, our prosecutors are in Webex hearings full time, attempting to clear out any case that does not go to jury trial.  The Courts, through our innovative Judges and staff, moved the “Court” out of the building. For several months, until it got too hot, arraignments and other hearings were held in the sally port of the old public safety building. This move will reap future rewards, as many cases were handled, reducing our backlog . Courts administration quickly figured out how to let people pay remotely, even if people did not have a computer. One silver lining is that the jails have now strengthened their videoconferencing abilities, allowing us to cut transportation costs significantly.  Still, there are about 50 jury trials in each court room, and counting, that are lined up for when we can let people back in court. - Victim Advocates o Victim Advocates are part of the Prosecution Division and assist in all aspects of 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  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -8- combination with the Legal Department’s Operations Manager, administers several grants which allow the victim advocates to provide exemplary service for citizens of West Valley City. o COVID-19 Update  The advocates have continued to provide victim services to the community. They take all precautions, are using phones when possibly, and doing in person meetings when absolutely necessary, using masks and social distancing. - IT – Emergency Management o During the Pandemic the City Attorney was assigned to the Logistics Section of Emergency Management to manage IT, communications, and supply for the duration of the emergency. The initial push was to get almost the entire workforce working remotely, which happened in the course of about 3 weeks. While not perfect, due to lack of computers and employee’s sometimes spotty internet connections, most employees were able to continue serving the West Valley residents in those early days. o Logistics and IT later focused on stabilizing servers, requisitioning more computers, and maintaining existing networks and computers. This continues to this day. o Logistics, through incredible efforts on behalf of Fire and Public Works, has stockpiled emergency supplies and PPE for a year. This inventory is kept up to date by legal. - Summary o The Emergency Logistics, courts, and Legal Department are prepared and stand ready to support the City in improving the health, welfare, and safety of our citizens for the next year. Councilmember Lang asked if the Animal Shelter is set up to take online payments. Eric replied he is unsure but would find out and relay this information to Council. B. STRATEGIC PLAN PRESENTATION- ADMINISTRATION Paul Isaac, Assistant City Manager, presented a PowerPoint Presentation summarized as follows: - Human Resources o Operational Priorities and Lessons  Lessons from the Pandemic  While the city mission is paramount, the safety and wellbeing of our employees is of utmost importance.  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -9-  Tracking personnel to determine health and ability to work has involved all HR employees, 24/7, last nine months  Maintaining continuity during a crisis and beyond has been focus – new policies and protocols o COVID Stats o HR “new normal” to anticipate, prepare for, and respond and adapt to incremental change and sudden disruptions. - Division of Arts and Culture o Operational Priorities;  Focused on bringing the arts to the citizens of West Valley – ONLINE FOCUS  ARTrageous Revamp – Working with Schools to provide more resources to their core curriculum to enhance arts and culture  Harman Theatre (West Valley Performing Arts Center) Productions-plans for 2021.  Theatre Updates  UCCC Technology update  Grants and Sponsorships - Charts and Statistics o Average age of employee by division o Average years of service by division o Authorized Employees o Authorized Vacancies o Police Authorization VS Actuals o Qualified Police Applicants by Year o Police Hires and Terminations Mayor Bigelow asked if the snapshots provided in the report are current. Paul replied yes. Mayor Bigelow clarified the difference between Police (sworn) and Police overall numbers. He noted that the amount of available certified officers has increased. C. COUNCIL CALENDAR Mayor Bigelow referenced a Memorandum previously received from the City Manager that outlined upcoming meetings and events. Mayor Bigelow indicated that he will be attending the laser show at the Maverik Center.  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -10- Members of the City Council had no further questions regarding the Council Update. NEW BUSINESS A. POTENTIAL FUTURE AGENDA ITEMS Council Suggestions None B. COUNCIL REPORTS None C. REVIEW AGENDA FOR SPECIAL REDEVELOPMENT AGENCY MEETING SCHEDULED DECEMBER 15, 2020 RESOLUTION 20-16: APPROVE A BUSINESS STABILIZATION AND REVITALIZATION GRANT AGREEMENT Mark Nord, CED, presented proposed Resolution 20-16 that would approve a Business Stabilization and Revitalization Grant Agreement. Written documentation previously provided to the City Council included information as follows: This is the first of multiple Business Stabilization and Improvement Grants. This agreement with VFM directs improvements at the Mall. The Parties agree that the improvements being required will create a more inviting space for customers to gather. Further, in an effort to solidify and perpetuate the success of the City’s larger businesses long into the future thereby avoiding necessary redevelopment, this agreement also provides for a matching grant. Bringing foot traffic to the mall is essential to its long term success. Continued upgrades to the mall grounds provide for areas where entertainment, gathering and shopping can occur. Retail trends demonstrate that “entertainment shopping” is the future of retail. In order for the Valley Fair Mall, which is a power retail center for the City to continue to take advantage of that type of shopping traffic, changes need to be made to the outdoor areas. These changes are specifically targeted at encouraging people to come, linger and shop. The Economic Development Department uses data and market studies to curate various programs which provide the greatest return on any RDA investment. This program is an explicit result of that targeted use of funds.  MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -11- The Business Stabilization and Improvement Grant was set up to assist targeted High Visibility West Valley City businesses in upgrading their image, presence and sustainability. It is also targeted at ensuring that these power producers invest in their locations and remain successful long into the future. The Grant is a match dollar per dollar up to $200,000 with parameters around improving visual aesthetics i.e. landscaping, business façade, signage etc. The goal of this grant is to raise the image and quality of some of our local businesses while also requiring private reinvestment. Councilmember Buhler asked how much money the RDA has for this and how long this project will continue. Mark replied there was a million-dollar initial plan. He noted that many of the businesses plan to exceed the match and have been very responsive. He indicated that this program can be expanded and extended into the future. Councilmember Buhler asked who this is available to. Mark replied currently the top 25 businesses. Councilmember Buhler asked how the money is provided. Mark replied as a reimbursement. Councilmember Lang asked if the City would allow xeriscaping on projects for water conservancy. Mark replied that he is unsure. Councilmember Lang stated that funding can be provided for xeriscape plans from conservancy districts. Mark replied that this may be a good option for the City to look into as additional funding. Upon inquiry, there were no further questions or concerns. The special meeting of the Redevelopment Agency will be held December 15, 2020. MOTION TO ADJOURN Upon motion by Councilmember Lang all voted in favor to adjourn. THERE BEING NO FURTHER BUSINESS OF THE WEST VALLEY COUNCIL THE STUDY MEETING ON TUESDAY DECEMBER 8, 2020 WAS ADJOURNED AT 5:27 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 8, 2020. MINUTES OF COUNCIL STUDY MEETING – DECEMBER 8, 2020 -12- _______________________________ Nichole Camac, CMC City Recorder