The City Council met in Work Session on Tuesday, September 16, 2014, at 5:00 p.m. in Room 326, Committee Room, City County Building, 451 South State Street.
In Attendance: Council Members Kyle LaMalfa, Erin Mendenhall, Charlie Luke, Lisa Adams, Luke Garrott, James Rogers, and Stan Penfold.
Staff in Attendance: Cindy Gust-Jenson, Executive Council Director; Jennifer Bruno, Executive Council Deputy Director; David Everitt, Mayor’s Chief of Staff; Nick Tarbet, Council Policy Analyst; Benjamin Luedtke, Council Constituent Liaison/Legislative Project Coordinator; Russell Weeks, Council Senior Policy Analyst; Brian Fullmer, Council Constituent Liaison/Legislative Project Coordinator; Maureen Riley, Executive Airport Director; Marco Kunz, Senior City Attorney; and Scott Crandall, Deputy City Recorder.
Councilmember Luke presided at and conducted the meeting.
The meeting was called to order at 5:10 p.m.
AGENDA ITEMS
#1. CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §52-4-205(1)(c) TO DISCUSS PENDING OR REASONABLY IMMINENT LITIGATION AND ATTORNEY-CLIENT MATTERS THAT ARE PRIVILEGED, IN KEEPING WITH UTAH CODE §78B-1-137. (CLOSED SESSION HELD IN ROOM 326)
Councilmember Garrott moved and Councilmember Rogers seconded to enter into Closed Session to discuss pending or reasonably imminent litigation, Utah Code §52-4-205(1)(c), and Attorney-Client matters that are privileged, Utah Code §78B-1-137, Utah Open and Public Meetings Law. A roll call vote was taken. Council Members Luke, Mendenhall, Rogers, and Garrott voted aye. Council Members Penfold, LaMalfa, and Adams were absent for the vote. See File M 14-2 for Sworn Statement.
In Attendance: Council Members Rogers, LaMalfa, Garrott, Mendenhall, Luke, Adams, and Penfold.
Others in Attendance: Cindy Gust-Jenson, Margaret Plane, Russell Weeks, Jennifer Bruno, David Everitt, Brian Fullmer, Benjamin Luedtke, and Scott Crandall.
The Closed Session adjourned at 5:28 p.m.
#2. 5:40:08 PM RECEIVE A BRIEFING ON THE FOLLOWING POLICE ITEMS:
5:42:17 PM Cindy Gust-Jenson provided an overview of both issues. She said there were no simple answers and local government entities needed to work collaboratively to find solutions. She said potential options to explore included enhanced training, ordinance revisions, public/private partnerships, and funding a new laboratory.
a. Training on Minimizing Use of Lethal Force - Legislative Sponsor: Luke Garrott. View Attachments
5:45:48 PM The Police Department’s record in avoiding and minimizing the use of lethal force and related training curriculum. The Council requested this briefing to ensure Salt Lake City Police officers are provided with adequate training to avoid and minimize the use of lethal force when encountering aggressive humans or animals.
Brian Fullmer and Benjamin Luedtke briefed the Council with attachments. Comments included Council responsibility, officers due process rights, inform/update the public throughout the process, provide enhanced training, justice delayed/denied due to costs, public trust issues regarding police, dealing with people with mental health issues, utilize simulation equipment to train officers, reduce officer involved shootings, Civilian Review Board reports/updates, too much bureaucracy, utilize body cameras, and invasion of privacy issues.
The Council requested feedback on the following questions/concerns: 1) verification that only one lethal force training course was available and if Chief Burbank thought that was sufficient or insufficient, 2) utilization of existing taser simulator at Pioneer Precinct, 3) how police inform/update the public on how controversial cases were reviewed/handled, 4) suggestions from Chief Burbank on ways to improve “process” credibility in the eyes of the public, 5) verify if new officers receive one-time training or are they required to have ongoing training/education, 6) does training meet national standards (identify training options, criteria, and expectations), and 7) utilize “body cameras” to reduce lethal force incidents (include information on privacy issues).
b. Sexual Assault Adjudication Process Improvements - Legislative Sponsor: Kyle LaMalfa. View Attachments
6:01:41 PM The status of sexual assault evidence collection kit (rape kit) processing. The briefing will include information about the backlog of kits, testing costs, and options for testing at the State Crime Lab and other labs.
Brian Fullmer and Benjamin Luedtke briefed the Council with attachments. Comments included providing justice/closure for victims, addressing backlog, lack of sufficient State funding, require State to uphold their responsibility, work with other municipalities/enforcement agencies facing similar challenges, prosecutors ability to process all cases, establish an accredited lab, potential to drive down the cost of processing kits, identify funding sources, and additional data needed to make informed decisions.
Councilmember LaMalfa proposed several ways the Council could move forward to obtain better justice for victims: 1) whether or not to process all kits (current and backlog), 2) funding mechanisms to pay for processing (possible sources State Crime Lab, utilize private institutions (commercial laboratories), 3) training about what happens in the course of sex assault investigation from intake to conviction, 4) Council’s role in transparency/accountability initiative, 5) empower Prosecutor’s Office with additional tools to provide closure to victims, and 6) create some type of City sex-assault court to handle/manage cases.
The Council requested feedback on the following questions/concerns: 1) provide funding history regarding the $750,000 appropriation to the State Crime Lab (annual or special appropriation) and is funding for backlog or future kits (how does that impact the City’s 600+ cases), 2) explore U-Quick program being implemented by Salt Lake County, 3) are there enough prosecutors to provide successful prosecution of all cases, 4) potential to create a testing facility in partnership with other municipalities (continue to hold State responsible for their statutory role in processing kits - topic for Council Legislative Subcommittee to address with State Legislature), 5) could the City immediately start processing kits with just the Council giving “an indication” to move forward or would a formal budget amendment be required, and 6) establish timeline for backlog completion. Councilmember Mendenhall suggested having Jay Henry, State Crime Lab Director, come to a future meeting to brief the Council on funding issues, etc.
Straw polls:
•Council support to test entire backlog. All Council Members were in support. (Police Department to come back with a proposal on how best to accomplish that including costs and timeframe for completion).
•Council support to test all rape kits collected moving forward and request the Police Department come back to the Council with ideas on how best to accomplish that including timeframe for completion. All Council Members were in support.
•Council support to request information from the Administration on the feasibility of working collaborative with other municipalities for lab services (excluding the State). All Council Members were in support.
Discussion was held on training issues including the Police Department’s 3-year study/grant to track City cases from intake to conviction and the potential to ask the Administration to consult with an expert (independent consultant) to evaluate whether police training was up to date according to all available resources. Straw Poll: All Council Members were in favor of having an outside expert review current training/processing methods. The Council further straw polled support to have the “expert” meet informally with the Police Department and provide the Council with their findings after which the Council could choose to fund/conduct a formal review/audit. All Council Members were in favor.
Ms. Gust-Jenson suggested asking the Administration to work on gathering information for both RFI issues mentioned in the transmittal regarding public/private partnerships and collaborative efforts with other local municipalities for an internal crime lab so the Council would have all the necessary information. All Council Members were in favor.
Straw Poll: Council support for staff to ask the City Prosecutor for suggestions of what the Council could do, on a municipal level, to improve/expand sexual assault prosecution and identify policy/resources that were preventing prosecution. All Council Members were in favor.
Councilmember Garrott asked about the timeline for receiving feedback on Council questions. Councilmember Luke said he would schedule a follow-up briefing on October 21, 2014.
#3. 7:31:00 PM RECEIVE A BRIEFING ON PROPOSED CHANGES TO THE CITY’S GROUND TRANSPORTATION REQUIREMENTS, SPECIFICALLY RELATING TO TRANSPORTATION NETWORK COMPANIES, SUCH AS UBER AND LYFT, WHICH USE MOBILE INTERNET APPLICATIONS TO CONNECT PASSENGERS WITH DRIVERS. The proposal would:
•eliminate current restrictions prohibiting non-taxicab operators from providing on-demand service (except at the Airport),
•eliminate requirements for a minimum and maximum number of on-demand taxicabs in the City, and
•other changes. View Attachments
7:32:46 PM Russell Weeks, David Everitt, Maureen Riley, and Marco Kunz briefed the Council with attachments. Comments included Transportation Network Companies (TNC) such as Uber/Lyft, public safety issues, insurance, liability, affect of TNCs on ground transportation industry, quality service needed, limited number of taxicabs, illegal operations, provide residents/visitors additional ground transportation options, provide a living wage, deregulation, ADA services, on-demand pick-up services at the Airport, protect taxicab companies provisions, holistic approach, remove 30-minute prearrangement requirement/$30 minimum charge, enforcement issues, creates more competition for quality service, equal requirements for insurance/background check, fairness issues, exorbitant fines, public image issues, ordinance revisions, potential moratorium, and Council authority to set rates.
Straw Poll: Council support for a moratorium on enforcement issues in Chapter 5.71, i.e. 30-minute prearrangement, $30 minimum charge, and other non-safety related components recommended by the Administration, until a new ordinance was adopted. Council Members Rogers, Penfold, Luke, Adams, LaMalfa, and Mendenhall were opposed. Councilmember Garrott was in favor.
Councilmember Luke said a public hearing would be scheduled at 8:00 p.m. on October 14, 2014.
#4. 8:16:32 PM RECEIVE A FOLLOW-UP BRIEFING RELATING TO AN ORDINANCE AMENDING THE CITY’S REGULATIONS FOR DRIVE-THROUGH FACILITIES PURSUANT TO PETITION NO. PLNPCM2009-00169. The proposed changes would address service accessibility by requiring that businesses with drive-through windows allow bicyclists in drive-throughs during all business hours. The proposed changes would affect Section 21A.40.060 (Drive-Through Facility Regulations) and Title 5 (Business License Requirements) of the Salt Lake City Code. Related provisions of Title 21A, Zoning, may also be amended as part of this petition. (Petitioner - Salt Lake City Council)
Nick Tarbet briefed the Council with attachments. Comments included safety issues, restaurant owner concerns, impact on businesses, and bicycle/motorcycle issues.
Councilmember Luke asked staff to contact the Restaurant Association or individual owners regarding how bicycles differed from motorcycles in terms of staff safety. Councilmember Rogers asked staff to also hold discussions with restaurant owners/Downtown Alliance regarding potential impacts to their business plans.
#5. 5:31:18 PM 8:27:17 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. View Attachments
See file M 14-5 for announcements.
#6. REPORT OF THE CHAIR AND VICE CHAIR.
Item not held.
The Work Session adjourned at 8:28 p.m.
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.
This document along with the digital recording constitute the official minutes of the City Council Work Session meeting held September 16, 2014.
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