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Home My WebLink About2020-09-10 Info Packet"W%_ CITY OE IOWA CITY www.icgov.org City Council Information Packet IN. Council Tentative Meeting Schedule September 10, 2020 September 15 Work Session IP2. Work Session Agenda IP3. Memo from Neighborhood & Development Services Director: FY20 Affordable Housing Year -End Report [Revised to reflect consistent reporting with other sources, such as HUD's Year -End report and to correct minor typos.] I1134. BLM & Systemic Racism Detailed Status Report I1135. Pending City Council Work Session Topics Miscellaneous IP6. Memo from City Manager: Resolution 20-159: Body Worn Cameras and In -Car Recorders IP7. Memo from City Manager: Resolution 20-159: Military Grade Equipment IP8. Memo from Assistant City Engineer & City Engineer: 2020 Capital Improvement Projects - Construction Status Update I1139. Memo from Parks & Recreation Director: Park Project Updates IP10. Memo from City Clerk: Taxicab Regulations 11P1 1. Memo from Climate Action Coordinator: 2019 Greenhouse Gas Inventory Update I11312. Email from Council Member Susan Mims: Opinion piece IP13. Press Release: Council Listening Posts IP14. August 2020 Bar Check Report IP15. Civil Service Examination: Maintenance Worker I - Streets Draft Minutes IP16. Human Rights Commission: July 21 IP17. Human Rights Commission: July 28 IP18. Human Rights Commission: August _I b 1 TY O. IOWA CITY cgov.org City Council Information P IN. Couhpil Tentative Meeting Schedule September 15 Work Sessi IP2. Work Sess' n Agenda IP3. Memo from i ar-ghborhood & Development Housing Yed Report I1134. BLM & Systemic cism Detailed Status F IP5. Pending City Council ork Session Topi iscella eo 10, 2020 Director: FY20 Affordable IP6. Memo from City Manager: R oluti n 20-159: Body Wom Cameras and In -Car Recorders IP7. Memo from City Manager: Res 'on 20-159: Military Grade Equipment IP8. Memo from Assistant City E ineer City Engineer: 2020 Capital Improvement Projects - Construction Sta s Update IP9. Memo from Parks & Rec ation Directo . Park Project Updates IP10. Memo from City Clerk: axicab Regulation IP11. Memo from Climate ction Coordinator: 201 Gre Update IP12. Email from Coun Member Susan Mims: Opinio IP13. Press Release- Council Listening Posts IP14. August 2020 ar Check Report IP15. Civil Servic Examination: Maintenance Worker I - Draft Minutes IP16. Hum Rights Commission: July 21 IP17. Hu an Rights Commission: July 28 IP18. man Rights Commission: August 18 Gas Inventory September 10, 2020 City of Iowa City Page 1 I -4 OP -+t.a`- CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3S6-5009 FAX www.icgov.org City Council Agenda — September 15, 2020 — Regular Formal Meeting Information submitted between distribution of packet on Thursday and close of business on Monday. Late Addition(s): Consent Calendar Item 6 Resolutions and Motions: Item 6.k. Sanitary Sewer Easement Agreement — Resolution authorizing the Mayor to sign and the City Clerk to attest an amendment to sanitary sewer easement agreements associated with the Kwik Trip, Inc. site plan in the Braverman Center Subdivision. Comment: This amendment will allow the sanitary storm sewer main to be relocated to accommodate development of a new convenience store at the southwest corner of Hollywood Blvd and Keokuk Street at the request of KwikTrip. Late Handout(s): Consent Calendar Item 7 Correspondence: Item 7.b. Police Chief Recommendations: James Pierce Item 7.i. COVID-19/Mask Mandate: Catherine Schiele (x2) 9/10 Information Packet IP3 FY20 Affordable Housing Year -End Report - Revised to reflect consistent reporting with other sources, such as HUD's Year -End report and to correct minor typos. Item Number: 1. S eptember 10, 2020 Council Ten tative Meetin g S ch ed u l e AT TAC HM E NT S: D escription C ouncil Tentative Meeting Schedule City Council Tentative Meeting Schedule Subject to change September 10, 2020 Date Time Meeting Location Tuesday, September 15, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, October 6, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Monday, October 19, 2020 4:30 PM Joint Entities Meeting Zoom Meeting Platform Hosted by Johnson County Tuesday, October 20, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Monday, November 2, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Special Formal Meeting Tuesday, November 17, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, December 1, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, December 15, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Item Number: 2. S eptember 10, 2020 Work S ession Ag enda AT TAC HM E NT S: D escription Work Session A genda Item Number: 3. S eptember 10, 2020 Memo from Neighborh ood & Devel op men t Services Director: F Y 20 Affordab l e Hou sing Year-E n d Rep ort AT TAC HM E NT S: D escription Memo from Neighborhood & D evelopment Services D irector: F Y20 A f f ordable Housing Year- End R eport rT CITY OF IOWA CITY —P3 � "c� =,Qmsl MEMORANDUM Late Handouts Distributed Date: September 8, 2020 To: Geoff Fruin, City Manager From: Tracy Hightshoe, Neighborhood and Development Services Dire* Re: FY20 Affordable Housing Year -End Report (Revised 9/14/20 0) The purpose of this report is to provide the City Council and public a report on the City's affordable housing efforts over the last fiscal year. The City's Consolidated Plan for Housing, Jobs and Services for Low -Moderate Income Residents (a.k.a. CITY STEPS) outlines how the City will spend its federal dollars for affordable housing over a five-year period. FY20 represents the last year of the 2016-2020 CITY STEPS plan. In addition to the federal dollars received, the City annually allocates general fund dollars to support our Affordable Housing Action Plan through the Affordable Housing Fund and separate allocations. The City Council reviewed and approved the distribution of these funds in June of 2016 and then revised in July of 2019, after a review of the City's housing programs and initiatives. The City aims to meet the following overlying goals through actions identified in the City's Consolidated Plan and Affordable Housing Action Plan: 1) Invest City and federal CDBG/HOME funds to create and/or preserve affordable homes, both rental and owner -occupied housing; 2) Support our most vulnerable residents, especially those experiencing homelessness or at risk of homelessness, maintain safe, affordable housing; 3) Ensure equitable growth for all Iowa City residents and minimize displacement; and 4) Support innovation in housing and streamline processes. The City of Iowa City, with its funding partners, made over $12.4 million available for affordable housing in FY20. Of this figure, over $12 million was spent to create and/or assist 1,780 households/units of affordable housing. To avoid duplication of units, beneficiary data for assisted units are typically reported in the year they are completed as often housing projects can take multiple years to complete. The HOME program allows housing projects to take up to five years to complete. FY20 Affordable Housing Highlights: • Completed two Low Income Housing Tax Credit (LIHTC) projects with a total of 61 affordable units for those under 60% median income. Eight of the units are affordable to those at 30% median income and 16 are affordable to those at 40% median income. Total projects costs were estimated at over $14.2 million. • Established a security deposit program with CommUnity Crisis Services to assist those under 50% of median income secure permanent housing. 31 households served since February 2020. • Established eviction/foreclosure prevention programs to assist residents under 80% of area median income financially impacted by COVID-19 maintain their existing housing. • First vacant lot purchased with Opportunity Funds (former land banking funds) in the Lindemann Subdivision, Part 8. The lot is designed for six townhouse units. The land will be held by the City for a future affordable housing project. September 14, 2020 Page 2 • Completed the first two homes of the South District program and sold to neighborhood residents under 50% of median income. Both buyers were able to acquire the homes with estimated monthly housing costs (mortgage, insurance and taxes) of approximately $510. The Fair Market Rent in Iowa City for a two-bedroom unit is $1,011. • Initiated a partnership with Iowa Valley Habitat for Humanity to market, leverage rehabilitation funds and work with interested households in the South District to qualify for 30 -year mortgages under the South District Program. • The City's owner -occupied CDBG/HOME and GRIP programs rehabilitated 30 homes with an investment of over $509,000 to preserve our affordable housing stock. • Nine HOME projects were completed that assisted 28 units and 29 households. • 78 new mainstream vouchers issued from HUD to the Iowa City Housing Authority for those experiencing chronic homelessness with a disabling condition. Leasing started in March 2020. • The Riverfront Crossings Affordable Housing Requirement and Tax Increment Financing (TIF) residential projects have produced 66 affordable units under at least a 10 -year compliance period. TIF requires 20 years. • Completed the Analysis of Impediments to Fair Housing Choice. The study identified the impediments to fair housing choice in our community and outlined recommendations to address each barrier. (www.icgov.org/actioni)lan). The Affordable Housing Fund At the end of FY20, unspent funds that are not allocated to certain projects are carried over to the subsequent year. Prior to July 2019, the City allocated 25% of the Affordable Housing Fund to land banking activities. In FY20 the City spent $204,000 to purchase Lot 10 in the Lindemann Subdivision, Part 8, for the future construction of six townhomes. It is hoped the City can work with a developer to combine this lot with additional vacant lots for a future scattered site Low Income Housing Tax Credit Project (LIHTC) for families. After July 2019, the Council combined this fund with the Opportunity Fund and the amount allocated to various programs and purposes was changed. At the end of FY20, there is $595,000 available in this fund for land acquisition or various housing opportunities. The City is actively working with property owners to acquire additional land. The City allocates 50% of the Affordable Housing Fund to the Housing Trust Fund of Johnson County (HTFJC) for affordable housing activities. In FY20 they received $500,000. $182,046 was spent. The remainder was allocated to the Nex Senior LIHTC project. As the project was notable to secure Low Income Housing Tax Credit (LIHTC) funds from the Iowa Finance Authority (IFA), HTFJC recently repurposed the balance of FY20 funds ($317,954) to the Shelter House Cross Park Place 2.0 project. Shelter House successfully applied for and received another $2.7 million award from IFA in August 2020 to develop a second "Housing First" 36 -unit project providing permanent supportive housing for homeless individuals/households with a disabling condition. The estimated total project cost is $6.3 million. The funds will be used for project construction which is anticipated to start in spring 2021. Much like Cross Park Place, the newly approved project will be able to receive project -based vouchers due to the set-aside the City Council established in 2018 for permanent supportive housing projects for persons who are chronically homeless with a disabling condition. September 14, 2020 Page 3 Project based vouchers are important to these types of developments as they provide a reliable source of ongoing rental revenue to the owner. The household pays an established amount to the owner (typically approximately 30% of their monthly income) and the Housing Authority pays the balance of rent due to the owner. Cash flow for this specific property will also be improved through the use of project -based vouchers as Shelter House will be able to charge 100% of the Fair Market Rent for one - bedroom units as opposed to someone who has a tenant -based voucher limited by the rents established by the National Housing Trust Fund. Those rents are approximately 45% less than our Fair Market Rent. $200,000 was allocated to HTFJC for LIHTC projects. No projects in Iowa City were awarded funds in FY20. Administrative funds, up to 5%, are paid to conduct the application process and the monitoring of previously awarded projects. $190,000 is carried forward to the FY21 LIHTC funding round. Applications are typically due to IFA in the fall each year. The City anticipates another Iowa City based application to apply for these funds in the next funding round. The Healthy Homes and Landlord Risk Mitigation initiatives did not spend City funds in FY20. The City received a grant for the Healthy Homes program through the Housing Trust Fund of Johnson County that expires in October 2020. The City utilized these funds for the eight applications received for assistance. The City is working with the Johnson County Local Homeless Coordinating Board (LHCB) to establish a landlord risk mitigation program. No funds were spent in FY20 and this has been delayed due to COVID relief efforts. The City will continue to work with the LHCB to establish a fund in FY21. The FY20 unspent funds from these two initiatives are placed in the Opportunity Fund at the end of the fiscal year. These funds will be applied to future land acquisitions or other affordable housing efforts as designated by City Council. Housing Rehabilitation Programs In FY20 the City completed 30 owner -occupied housing rehabilitation projects through the CDBG, HOME and GRIP programs. Seven of those projects were housing rehabilitation grants for mobile home owners. Housing rehabilitation staff has focused on incorporating sustainable building features into projects and partners with Green Iowa AmeriCorps to complete free home energy audits prior to determining the scope of the rehabilitation project. The HOME program recently expanded to include single-family and duplex rental properties, but no applications have been received to -date. The first South District Program homes were renovated and sold in FY20 at 1232-1234 Sandusky. Staff incorporated several sustainable improvements into the project such as solar panels, spray foam insulation, landscaping and trees, long life -cycle flooring, new windows and doors, and Energy Star rated appliances. The homebuyers were current residents of the South District neighborhood who had rented in the neighborhood for a combined total of 21 years. The UniverCity program continued this year with additional rehabilitation of a duplex property at 520 N. Dodge Street. The property is now available for sale. There is a one -bedroom unit on the first level and an efficiency unit on the second level. A buyer would have the opportunity to live in one unit and rent out the other, or because the home is in a neighborhood commercial zone, the owner could have a neighborhood business on the first floor. 322 Douglass Court was also purchased for the UniverCity program in FY20 and is currently under renovation. A total of 68 homes, with an investment of over $3 million in rehabilitation, have been renovated and sold through the program since 2011. September 14, 2020 Page 4 CDBG and HOME Housing Projects FY20 marked the completion of a HOME Tenant -Based Rent Assistance (TBRA) program administered by the Iowa City Housing Authority, which provided rent assistance over a period of four years to a total of 29 households. HOME rental rehabilitation projects were completed by Successful Living and the Housing Fellowship serving five persons with disabilities and four other households under 60% AMI. Three affordable properties were acquired with HOME assistance by Mayor's Youth Empowerment Program (MYEP) and Successful Living which provide housing for 11 persons with disabilities. Shelter House used HOME funding for the acquisition of permanent supportive housing that serves five individuals. Habitat for Humanity acquired, constructed and sold three homes. In FY20 the City was also able to secure a waiver from HUD to increase the Community Housing Development Organization (CHDO) operating funds for the Housing Fellowship from $22,000 to $48,000 to maintain staffing levels during the pandemic as they experienced a substantial drop in rental income. This increase in operational funds will continue for FY21. Riverfront Crossings Affordable Housing Requirement & Tax Increment Financing In June 2016 the City adopted an affordable housing requirement in the Riverfront Crossings District where new developments zoned Riverfront Crossings with more than 10 units must provide affordable housing equivalent to 10% of the total units in the development. At the end of FY20, this requirement had created 42 affordable rental units to those at or under 60% of median income. Developers may also pay a fee -in -lieu per unit if they don't provide on-site units. To date the City has received $756,244 in fee -in -lieu payments for five units, plus repayment for a non-compliance issue. These funds are available for affordable housing opportunities within the Riverfront Crossings District. Tax increment financing supported the creation of 24 additional affordable rental units that are within their compliance period during FY20. The Rise also committed to 33 units of affordable housing in perpetuity due to a local requirement to purchase the property in the Riverfront Crossing District. Summary of Balances Carried Over to FY21 Available for Allocation: Fund/Source Amount Note: Carried over to FY21 Opportunity Fund (Former Land $595,000 Banking Fund) Low Income Housing Tax Credits $190,000 Administered through the Housing Trust Fund. $380,000 available for the FY21 LIHTC funding round. Riverfront Crossings Fee in Lieu $756,244 May only be used in the Riverfront Crossings Payments District. ICHA Affordable Housing Fund $420,000 Reserved for the development/acquisition of low-income replacement housing units. Total: $1,961,244 September 14, 2020 Page 5 For reference the following pie charts demonstrate the percentage of FY20 funds spent by funding category: FY20 - Funds Spent, All Sources ■ Rent Subsidies ■ Rental New Construction Lo Rental Acq./Rehab. Owner Occupied -Acquisiton, Rehab. & Downpayment ■ Other FY20 - Funds Spent, Excluding the ICHA 17% ■ Rent Subsidies ■ Rental New Construction ;.. Rental Acq./Rehab Owner Occupied - Acquisiton, Rehab. & Downpayment ■ Other September 14, 2020 Page 6 The City will continue our affordable housing efforts in FY21. The focus in FY21 will be to support our COVID19 response to enable low income residents (under 80% AM[) to maintain their existing housing and create and implement those regulatory changes that provide a diversity of housing in all the City's neighborhoods. The City hopes to approve and implement the South District Form Based Code in the fall of 2020, amend the Riverfront Crossing Form Based Code and initiate a Comprehensive Plan amendment that will encourage more density and a diversity of housing in low density single family residential zones. The City will continue to support our COVID housing relief efforts with contracts entered or initiated at the end of FY20 and start of FY21 with CommUnity Crisis Services, Shelter House and the Center for Worker Justice. The City Council recently gave the City Manager authority to increase funding to these programs administratively, up to 1.5 times the original allocation, when needed. The attached spreadsheet outlines the programs, projects and initiatives created or supported in FY20 under their most relevant goal. Many of the projects serve more than one goal but are only reported in one location. City staff will be present at your September 15 work session to review the City's affordable housing efforts and to answer questions. City of Iowa City Affordable Housing - FY20 Year End Report (Revised 9/14/2020) Total Funds Available for Affordable City General Funds, Distribution Housing in FY20: $12,460,316 Total Funds Spent in FY20: $12,006,773 Number of Affordable Rental Income Level Units/Households Created or Assisted*: 1,745 Number of Owner -Occupied Units Created Formula: or Assisted*: 35 *Reports units completed in FY20 with FY20 or prior year funds Affordable Housing Goals: 1) Invest City and federal CDBG/HOME funds to create and/or preserve affordable homes, both rental and owner -occupied housing; 2) Support our most vulnerable residents, especially those experiencing homelessness or at risk of homelessness, maintain safe, affordable housing, 3) Ensure equitable growth for ail Iowa City residents and minimize displacement, • and 4) Support innovation in housing and streamline processes 1) Invest City and federal CDBG/HOME funds to create and/or preserve affordable homes, both rental and owner -occupied housing. FY20 City of Iowa City Affordable Housing Fund ($1,000,000). $650,000 - $1,000,000 allocated annually Action Plan #5. City Council approved annual distribution formula, revised July 2019: $1,000,000 1 1 $12,675,777 1 172 1 1 $581,490 City General Funds, Distribution Households/ Income Level Project Name Formula: Project Type Funds Allocated Project status Funds Leveraged Units Assisted Assisted FY20 Funds Spent Notes/Status Staff reports completed projects in FY20 that utilized FY20 or prior year funding. Del Ray and Nex Apartments, LIHTC projects (new construction)were completed in FY20. HTFJC allocated a total of $1,575,000 to these two projects. Received FY17-20 General allocation & LIHTC set-aside funds. In FY20, the HTFJC spent $182,046 in funds. Due to the inability of Nex Senior to proceed, the remaining Housing Trust Fund Annual Contribution Affordable Housing Fund (50%) Various $500,000 Multiple $12,675,777 61 Less than 60% AMI $500,000 FY20 funds are reallocated to the Shelter House CPP 2.0 project. Nex Senior, LIHTC application, not funded by the Iowa Finance Authority (IFA) as of 8/2020. Funds carried over to next IFA funding round. HTFJC authorized 5% for administrative fees. HTFJC receives remaining funds when eligible project LIHTC Annual Allocation Affordable Housing Fund (20%) Affordable Rental $200,000 Deferred $0 0 NA $10,000 proceeds. Houses into Homes: $15,000, Signed agreement 1/29/2020 Center for Worker Justice - COVID Relief. $25,000, Signed agreement 7/28/2020. Beneficiaries to be reported in FY21. Shelter House Eviction Prevention $50,000 (FY20 - $35,000, FY21- $15,000) Signed agreement 6/8/2020. Beneficiaries to be reported in FY21. August 2020, approved a $5,000 grant for Forest View to weatherize mobile Opportunity Fund Affordable Housing Fund (7.5%) Various $75,000 Multiple NA 72 Less than 80% AMI $41,500 homes for the winter. To date, assisted 6 homes under the grant with HTFJC. HTFJC grant expires 10- 2020. Two remaining homes to be completed with HTFJC funds before Obtained HTFJC expiration date. Assessments were on hold due to COVID, resuming Healthy Homes Affordable Housing Fund (7.5%) Housing Rehab $75,000 Grant $0 0 Less than 80%AMI $0 inspections/assessments. Beneficiaries to be reported in FY21. Contract with CommUnity signed 2/2020. Comm Unity estimates spending all Security Deposit Assistance Affordable Housing Fund (7%) Rental Assistance $70,000 Ongoing NA 31 Under 50%AMI $27,855 FY20 funds by 12/20. Will then enter FY21 contract. Unspent funds not committed at the end of the fiscal year go into the Opportunity Fund. Staff continuing to work with Johnson County Local Landlord Risk Mitigation Affordable Housing Fund (3%) Rental Assistance $30,000 Ongoing NA NA NA $0 Homeless Coordinating Board in FY21 to establish. Funds utilized for remaining Hawkeye Trailer Park relocation expenses. Total of $17,557 spent in FY19/20. Balance goes into Opportunity Fund/Prior Land Emergent Situations Affordable Housing Fund (5%) Various $50,000 Completed NA 8 NA $2,135 Banking Fund. $1,000,000 1 1 $12,675,777 1 172 1 1 $581,490 r20 CDBG-CV Funds -Onetime allocation through the CARES Act for COVID relief Funding Source ProjectTye FY20 Funds Spent Funds Leveraged Households/ Income Level Project Name •oectName Funding Source Project Type Funds Allocated Project Status Units Assisted Assisted Notes/Status riction/Foreclosure Prevention Program - City CARES Act Funding (COVID) Emergency Housing Payments $246,000 Starts FY21 0 Under 80% MI CommUnity Crisis Services awarded contract on 7/14/2020 Owner -occupied Rehab $200,000 $158,447 10 riction/Foreclosure Prevention Program - IEDA CARES Act Funding (COVID) Emergency Housing Payments $370,000 Starts FY21 0 Under 80% MI Allocated funds through State -$686,610 60% allocated to eviction/foreclosure prevention. Program to start in FY21. eV]n u--;- oak�kuirt ;. o. in rn i -a Artinn Dien of r -i-.. rr. fiend -i-i- kn -i- I �./e.�,Uuu I �.bay,tlb/ 1 JZ 1 FV7n rnRG/N("IMF Hnucino Prni-tc IR-firinri- And fl lndc IPV -apri ronnrtod When nrniPrt is rmmnlPTPll P rincPd in HI Ir)'c ronnrtino cvatoml Project Name Funding Source ProjectTye FY20 Funds Spent Funds Leveraged # Units Notes/Status Project Name Funding Source Project Type Funds Allocated FY20 Funds Spent Rehabilitated Notes/Status GRIP Local Funds Owner -occupied Rehab $200,000 $158,447 10 Must be under 110% AMI. Assessments stopped temporarily in FY20 due to COVID. Successful Living Acq. - 3234 Friendship HOME Affordable Rental $0 $146,176 3 First two program homeowners were under 50% AML ($70,000 Rehab - General Fund, $50,000 Downpayment -HOME). Two homes currently FY18 Housing Fellowship Rental Rehab HOME Affordable Rental $25,254 $29,343 4 under renovations -to be reported when sold. (No FY20 HOME funds budgeted. $94,000 in FY21 HOME funds for downpayment assistance South District Local Funds/HOME Homeownership $140,000 $120,000 2 to assist 4 households budgeted.) FY20 Shelter House Acquisition 15 Wakefield HOME Affordable Rental $94,000 $163,884 5 520 N. Dodge available for sale, 322 Douglas Court currently under renovations. Beneficiaries reported when homes are sold. Funds spent UniverCity Local Funds Homeownership $60,000 1 $60,357 29 include prior year funds allocated for 520 N. Dodge. FY20 The Housing Fellowship HOME CHDO Operating $48,000 NA NA Rental rehab. of single family/duplex properties in targeted neighborhoods eligible; no applications received. HOME Owner -occupied Rehab & Rental Rehab. HOME Owner-occupied/Rental Rehab $90,000 $107,716 4 4 completed projects, 3 underway. Includes prior year funds for completed/ongoing projects spent in FY20. CDBG Owner -occupied Rehab CDBG Owner -occupied Rehab $235,000 $243,447 16 Administratively approved - includes unspent funds from FY19. 16 homes completed in FY20. I �./e.�,Uuu I �.bay,tlb/ 1 JZ 1 FV7n rnRG/N("IMF Hnucino Prni-tc IR-firinri- And fl lndc IPV -apri ronnrtod When nrniPrt is rmmnlPTPll P rincPd in HI Ir)'c ronnrtino cvatoml Project Name Funding Source ProjectTye FY20 Funds Spent Funds Leveraged Households/ Units Assisted Notes/Status MYEP Acquisition -1507 Spruce HOME Affordable Rental $0 $140,605 3 Project closed in FY20. Successful Living Acquisition - 500 2nd Ave. HOME Affordable Rental $0 $126,330 5 Project closed in FY20. Successful Living Acq. - 3234 Friendship HOME Affordable Rental $0 $146,176 3 Project closed in FY20. FY18 Housing Fellowship Rental Rehab HOME Affordable Rental $25,254 $29,343 4 FY18 Successful Living Rehab HOME Affordable Rental $5,799 $21,120 5 FY20 Shelter House Acquisition 15 Wakefield HOME Affordable Rental $94,000 $163,884 5 Housing Choice Vouchers FY171CHATBRA HOME Rental Subsidies $63,563 $109,509 29 Totals include Cross Park Place Project Based Vouchers (PBV). FY20 The Housing Fellowship HOME CHDO Operating $48,000 NA NA Under 50%AMI FY18 Habitat Acquisition -2629 Blazing Star HOME Homeownership $5,000 $193,000 1 FY19 Habitat- 2764/2774 Blazing Star HOME Homeownership $20,000 $374,297 2 0 Projects Underway - Not completed HOME AffordbleaRental $383,731 NA NA Projects underway for the following: Successful Living and Mayor's Youth Empowerment Program HOME Administration HOME Administration $86,610 NA NA I j/D1,7b/ I �'1,SU4,Lb4 1 0/ 1 2) Support our most vulnerable residents, especially those experiencing homelessness or at risk of homelessness, maintain safe, affordable housing irNA Wnor ralPndar VPar Int 9 Tho iuricdirfinn of tho lrHd inrbidoc tho fnllnwinn rmmtioc• /nhncnn Inwn and Wnchinntnn /north of Hwv 97 but nor within Wncbinnrnn rihr limitd unlPc< nntad ICHA Owned & Households Project/Program Name Project Type Vouchers Authorized Managed Units Assisted CY19 Funds Spent Income Limits Notes 57Y. of all assisted households were elderly and/or disabled. 49% were working families. Less than 1% of assisted households report Family Investment Program (FIP) as their sole source of income. Note: head of household can earn income and have a disabled spouse - the household would be counted both as a working household & a disabled household. Housing Choice Vouchers Affordable Rental 1,215 NA 1,253 $9,023,593 Under 50%AMI Totals include Cross Park Place Project Based Vouchers (PBV). VASH Vouchers (reserved for veterans) JAffordable Rental 83 NA 82 $330,016 Under 50%AMI HUD Mainstream Vouchers (chronically homeless with a ICHA reports on a calendar year. 78 new vouchers authorized in CY20. Leasing started in March 2020. Beneficiaries & funds disabling condition) Affordable Rental 0 NA 0 $0 Under 50% AMI I reported in CY20. 1,298 ( 91 1 1,420 ) $10,003,359 3) Ensure equitable growth for all Iowa City residents and minimize displacement FY20 TIF & RFC Affordable Housing Requirements under Compliance Period Project Name Policy Project Type Units under Units Underwa Com hance Fee -in -Lieu Paid AMI All units in Iowa City. Funds spent includes HUD rent subsidies and maintenance/repair of units. HUD counts Units Months Compliance Period Notes/Status The Rise - 435 S. Linn Local requirement Affordable Rental - 33 Available (UMA), so due to turnover and/or standard repairs, this value is 75 units under lease per month over CY19. 3 units Public Housing Affordable Rental NA 81 75 $649,750 Under 80% AMI were offline for major repairs. Includes $303,689 spent for maintenance, repair and rehab. Other- Affordable Housing Under ICHA Management Affordable Rental NA 10 10 N/A Under 80%AMI All units in Iowa City. 1,298 ( 91 1 1,420 ) $10,003,359 3) Ensure equitable growth for all Iowa City residents and minimize displacement FY20 TIF & RFC Affordable Housing Requirements under Compliance Period Project Name Policy Project Type Units under Units Underwa Com hance Fee -in -Lieu Paid AMI Rent Limit Compliance Period Notes/Status The Rise - 435 S. Linn Local requirement Affordable Rental - 33 - 80% HOMEFMR In perpetuity 7/17/2018 Orchard Court Lofts -627Orchard Ct RFC -Zoning requirement Affordable Rental - 5 TBD 60% HOMEFMR 10 years Dubuque St Apartments - 620 S. Dubuque RFC- Zoning requirement Affordable Rental - 5 $28,396 60% HOMEFMR 10 years Fee for 4 units out of compliance for one year. 1301 Gilbert Street RFC -Zoning requirement Affordable Rental - 5 - 60% HOMEFMR 10 years - The Edge - 314 S. Clinton St TIF & RFC Zoning requirement Affordable Rental 1 1 $323,488 60% HOME FMR 20 years FIL for 4 units Breckenridge -707 S. Dubuque St RFC -Zoning requirement NA - - $404,360 - - Less than 40% FILfor 5units Del Ray Ridge - 628 S. Dubuque St RFC -Zoning requirement Affordable Rental - 3 0 60% HOMEFMR 10 years exemption on all units in a new residential development with 6 or more units for 10 years. 1131 S. Gilbert RFC -Zoning requirement Affordable Rental 6 60% HOME FMR 10 years Action Plan #14. Minimize tenant displacement 11215. Gilbert RFC - Zoning requirement Affordable Rental - 5 NA 60% HOMEFMR 10 years 11415. Gilbert RFC -Zoning requirement Affordable Rental 6 60% HOMEFMR 10 years 12015. Gilbert RFC -Zoning requirement Affordable Rental - 6 60% HOME FMR 10years 225 E. Prentiss RFC -Zoning requirement Affordable Rental 5 60% HOME FMR 30 years Riverview West -629 S. Riverside Or TIF Affordable Rental - 12 - 120% 120% HOME FMR 10 years Augusta Place - 20 S. Gilbert TIF Affordable Rental - - NA 80% HOME FMR In perpetuity 6 Units purchased in July 2020, ICHA will operate as affordable housing. Augusta Place - 104 Westside Or (offsite units) TIF Affordable Rental - 12 NA 60% Based on 40% AMI, Developer pays utilities 20 years Compliance started 8/1/2019. The Chauncey TIF Affordable Rental - - NA 80% 30%of Income In perpetuity 5 Units purchased 8/2020, will be added to Public Housing Program ( 99 ) $756,244 FY20 Misc. Action Plan Initiatives Project/Program Name Council Approved. Pro ectT pe Units Created Fee-in-Ueu Paid AMI Rent Limits Notes. Action Plan #7. Annexation Policy - 10% of units in Community View annexed off American Legion Road in FY20. CZA signed. Affordable housing agreement not required until residential developments affordable 7/17/2018 TBD 0 $0 TBD TBD building permit issuance. Action Plan #8. Consider TIF to support residential development. First agreement: Foster Road TIF Residential Development Agreement 7/17/2018 TBD - - - - Estimated to generate over $2-3 million for affordable housing over 10 years. AMI, minus Action Plan #12. Create tax exemption/abetment policy Affordable Rental - New Less than 40% tenant paid No applications received to date. Requires at least 15% of total units leased to eligible tenants to receive a 40% tax to support affordable rental housing 10/1/2019 Construction 0 $0 AMI utilities exemption on all units in a new residential development with 6 or more units for 10 years. Requires Council approval when 12 or more households will be displaced and no rezoning needed. Requires a transition Action Plan #14. Minimize tenant displacement 10/3/2017 Major Site Plans NA NA NA NA plan to better inform tenants and the public. Policy not triggered in FY20. 0 4) Support innovation in housing and streamline processes Action Step: I Program Estimated TimeUlne Notes: Action Plan #9. Consider regulatory changes. Review Policy Review (NDS, Public Works, processes/fees, etc. to support affordable housing. Parks & Rec, Legal) Fall 2020 Received HBA and 1C Affordable Homes Coalition input. Reviewing changes. (Remaining task out of the original 15 Affordable Housing Action Goals) Action Plan #9. Consider regulatory changes. Review zoning code to increase density/diversity in all single family/low density residential zones (support missing middle housing) South District Form Based Code Implement Fall 2020 Will pursue FBC in all outlying greenfield developments. Action Plan #9. Consider regulatory changes. Review zoning code to increase density/diversity in all single family/low density residential zones (support Comprehensive Plan Amendment 8-10 month process Enable more dense and/or more diverse housing in all residential zones (particularly low density residential zones outside of historic districts) Action Plan #15. Rent abatement for emergency orders when vacation is not necessary. Rental permit units Completed 10/3/2017 No emergency orders issued in FY20. Acquire land for future affordable housing opportunities Land Banking (now Opportunity (Opportunity Fund -former Land Banking Fund) Fund) Ongoing Purchased first property in FY20. Lot 10, Lindemann Subdivision, Part 8 for the future construction of 6 townhomes. Incorporate Sustainability/Climate Action in our All City housing rehabilitation rehabilitation programs 1programs Completed, July 2019 See below for measures incorporated. 7/5/2016 Approved Long Term Housing Use Zoning, Support unique housing solutions for special populations Approved voucher set-aside for ICHA allows up to 5% of ICHA vouchers to be used for permanent supportive housing for persons who are chronically homeless with a disabling condition. Project based vouchers issued to Cross Park through zoning and/or financial support. FUSE Housing First Program FUSE 10/2/2018 Place. 8/2020 Shelter House awarded $2.7 million from IFA for another FUSE Housing First property (similar to Crass Park Place). Project eligible for this voucher set-aside. c.nanges approves arter Lily wuncu review in jury coir: 1) Revised the Distribution Formula for City funds. 21 The Housing and Communitv Development Commission (HCDC) altered the preference criteria for CDBG/HOME housing Droiects to encourage aoDlications serving lower income households. 3) Reduced the equity requirements for CDBG emergency rehabilitation projects, such as a broken furnace in the winter or a non-functioning water heater, to enable those that may not be able to proceed to be eligible for the program. 4) Due to the high cost of acquisition and new construction, HCDC altered the preference/evaluation criteria to support those CDBG/HOME rental applications that leverage significant dollars from non -City sources, such as Low -Income Housing Tax Credit projects. The acquisition or construction of SRO or group housing would remain supported due to the lower average public investment per assisted unit and to increase the supply of accessible homes in our community. 5) Removed the Housing Trust Fund of Johnson County (HTF) from the competitive Aid to Agency process and moved it to a contractual relationship where the HTF uses 5%of the funds allocated to them through the Affordable Housing Fund for administrative expenses. They will remain as a "Legacy Agency" in City Steps 2025 in case they do not get funded or funded at levels lower than their past funding awards in subsequent years through the Affordable Housing Fund. mcorporateo the touowmg energy etnciency ana neartn/safety measures into our nousmg programs: 1) All housing rehabilitation projects must complete a free home energy audit by Green Iowa AmeriCorps staff prior to funding approval. The audit measures the level of air coming into the home and provides basic weatherization, if necessary, to reduce air leaks. During the audit, participants receive LED light bulbs, low flow aerators in kitchen and bathrooms, pipe insulation for the water heater, taping of ducts in basement, and extra weatherization based on the results of the blower door test. 2) Expanded housing rehabilitation activities to include landscaping (tree planting) and grading for stormwater management, as needed, as part of a rehabilitation project. 3) The HOME owner -occupied housing rehabilitation program, with up to $90,000 available annually, is now eligible to landlords of rental housing leasing to tenants with incomes at or below 60% of median income. Landlords are eligible for grants for radon testing and mitigation, if necessary, as part of their rehabilitation project. 4) The Neighborhood Improvements set-aside in the CDBG program was converted to a Neighborhood -Based Climate Action set-aside to encourage sustainable, energy efficiency initiatives in our neighborhoods with a higher number of lower income households. 5) Adopted our first radon ordinance, effective July 1, 2021, that requires radon testing, and mitigation, if necessary, to obtain or maintain a rental permit for single family detached or duplex homes. I ��, kuw® CITY OF IOWA CITYINt -40 qi_1 MEMORANDUM_ Date: September 8, 2020 To: Geoff Fruin, City Manager From. Tracy Hightshoe, Neighborhood and Development Services Re: FY20 Affordable Housing Year -End Report , The purpose o his report is to provide the City Council and public a r ort on the City's affordable housing efforts o r the last fiscal year. The City's Consolidated Pla for Housing, Jobs and Services for Low -Moderate Inco a Residents (a.k.a. CITY STEPS) o/Ardable he City will spend its federal dollars for affordable housin ver a five-year period. FY20 re last year of the 2016-2020 CITY STEPS plan. In addition the federal dollars receivednually allocates general fund dollars to support our Affordable Ho ing Action Plan through tle Housing Fund and separate allocations. The City Councieviewed and approved tion of these funds in June of 2016 and then revised in July of 2019, aft a review of the City'ograms and initiatives. The City aims to meet the followinXnespecially goals hrough actions identified in the City's Consolidated Plan and Affordable Housing Action 1) Invest City and federal CDBds to create and/or preserve affordable homes, both rental and owner -occupied 2) Support our most vulnerablespecially those experiencing homelessness or at risk of homelessness, maintain safl housing; 3) Ensure equitable growth fority sidents and minimize displacement; and 4) Support innovation in housieamli processes. The City of Iowa City, with its fun ing partners, made o r $12.3 million available for affordable housing in FY20. Of this figure, over $1 .8 million was spent to cr to an assist 1,780 households/units of affordable housing. To avoid uplication of units, beneficia data for assisted units are typically reported in the year they �0(using ompleted as often housing pro cts can take multiple years to complete. The HOME program allow projects to take up to five y rs to complete. FY20 Affordable Housi g Highlights: • Completed t Low Income Housing Tax Credit (LIHTC) pro\1and ith a total of 61 affordable units forth a under 60% median income. Eight of the unaffordable to those at 30% median i ome and 16 are affordable to those at 40% medme. Total projects costs were estimat d at over $14.2 million. • Establ' hed a security deposit program with CommUnity Crrvic s to assist those under 50% f median income secure permanent housing. 31 hos se ed since February 2020. • Es blished eviction/foreclosure prevention programs to asidents rider 80% of area edian income financially impacted by COVID-19 maintainxisting h using. • First vacant lot purchased with Opportunity Funds (formeranking fun ) in the Lindemann Subdivision, Part 8. The lot is designed for six townhouse uhe land will held by the City for a future affordable housing project. September 10, 2020 Page 2 • Completed the first two homes of the South District program and sold t00 orhood residents under 50% of median income. Both buyers were able to acquire a homes with estimated monthly housing costs (mortgage, insurance and taxes) of a roximately $510. The it Market Rent in Iowa City for a two-bedroom unit is $1,011. • Init ted a partnership with Iowa Valley Habitat for Humanity to rket, leverage rehabilitation funds d work with interested households in the South Distri to qualify for 30 -year mortgages underth South District Program. • The City's ner-occupied CDBG/HOME and GRIP progra s rehabilitated 30 homes with an investment o over $565,000 to preserve our affordabl housing stock. • Eight HOME pr 'ects were completed that assisted homes and 34 households. $617,820 in HOME funds spe leveraged $1,140,380 in other unds. • 78 new mainstrea vouchers issued from HUD o the Iowa City Housing Authority for those experiencing chronic omelessness with a di bling condition. Leasing started in March 2020. • The Riverfront Crossin Affordable Housi Requirement and Tax Increment Financing (TIF) residential projects have roduced 66 a rdable units under at least a 10 -year compliance period. TIF requires 20 ye s. • Completed the Analysis of I edim nts to Fair Housing Choice. The study identified the impediments to fair housing c i in our community and outlined recommendations to address each barrier. (www.icgov.org/a 'onolan). The Affordable Housing Fund At the end of FY20, unspent fun that are not Ilocated to certain projects are carried over to the subsequent year. Prior to July 019, the City alto ated 25% of the Affordable Housing Fund to land banking activities. In FY20 t e City spent $204,00 to purchase Lot 10 in the Lindemann Subdivision, Part 8, for the future on uction of six townhomes\It hoped the City can work with a developer to combine this lot with ad tional vacant lots for a futattered site Low Income Housing Tax Credit Project (LIHTC) for fa ies. After July 2019, thouncil combined this fund with the O ortunity Fund and the amount allocated to various programs nd purposes was changed. At the endo Y20, there is $595,000 available in this fund for land a uisition or various housing opportunities. TheNi y is actively working with property owners to ac uire additional land. The City a ocates 50% of the Affordable Housing Fund to the Housi Trust Fund of Johnson County (HTFJC) or affordable housing activities. In FY20 they received $500,0. $182,046 was spent. The remai der was allocated to the Nex Senior LIHTC project. As the proje was not able to secure Low Inc a Housing Tax Credit (LIHTC) funds from the Iowa Finance Authorit IFA), HTFJC recently r urposed the balance of FY20 funds ($317,954) to the Shelter House Cros Park Place 2.0 roject. Shelter House successfully applied for and received another $2.7 mi 'on award from IFA in August 2020 to develop a second "Housing First" 36 -unit project providing per anent supportive housing for homeless individuals/households with a disabling condition. The estimated total project cost is $6.3 million. The funds will be used for project c nstruction which is anticipated to start in spring 2021. Much like Cross Park Place, the newly approved p oject will be able to receive project -based vouchers due to the set-aside the City Council established in 2 18 for permanent supportive housing projects for persons who are chronically homeless with a disabling condition. September 10, 2020 Page 3 Project based vouchers are important to these types of developments as they provide a reliable source of ongoing rental revenue to the owner. The household pays an established amount to the owner (typically approximately 30% of their monthly income) and the Housing Autho/he alance of rent a to the owner. Cash flow for this specific property will also be improve use of project- sed vouchers as Shelter House will be able to charge 100% of the Fafor one - bedroom u ' s as opposed to someone who has a tenant -based voucher limiteestablished by the Nationa ousing Trust Fund. Those rents are approximately 45% less tarket Rent. $200,000 was alloc ed to HTFJC for LIHTC projects. No projects in Iowa Ci were awarded funds in FY20. Administrative nds, up to 5%, are paid to conduct the applicatio process and the monitoring of previously awarded proj ts. $190,000 is carried forward to the FY2 THTC funding round. Applications are typically du to IFA in the fall each year. The City nticipates another Iowa City based application to apply for these ds in the next funding round. The Healthy Homes and Landlord R k Mitigation initiatives ' not spend City funds in FY20. The City received a grant for the Healthy Hom program through a Housing Trust Fund of Johnson County that expires in October 2020. The City utilize these funds f the eight applications received for assistance. The City is working with the Johnson Coun Local Ho eless Coordinating Board (LHCB) to establish a landlord risk mitigation program. No funds w e sp nt in FY20 and this has been delayed due to COVID relief efforts. The City will continue to work with a LHCB to establish a fund in FY21. The FY20 unspent funds from these two initiatives are pl a in the Opportunity Fund at the end of the fiscal year. These funds will be applied to future la acqui ' ions or other affordable housing efforts as designated by City Council. Housing Rehabilitation Programs In FY20 the City completed :fOtower-occu pied housing rehabilitate n projects through the CDBG, HOME and GRIP programs. Seven h a projects were housing rehabilitat n grants for mobile home owners. Housing rehabilitation staff ha focused on incorporating sustainable b 'Iding features into projects and partners with Green Iowa A eriCorps to complete free home energy a its prior to determining the scope of the rehabilitatio;/Utino oject. The HOME program recently expanded o include single-family and duplex rental properties, applications have been received to -date. The first South Distri Program homes were renovated and sold in FY20 at 1232- 234 Sandusky. Staff incorporated sever sustainable improvements into the project such as solar nels, spray foam insulation, landsc ing and trees, long life -cycle flooring, new windows and doors, an nergy Star rated appliances. The omebuyers were current residents of the South District neighborhood ho had rented in the neighbo ood for a combined total of 21 years. The Univer ty program continued this year with additional rehabilitation of a duplex propertat 520 N. Dodge Str et. The property is now available for sale. There is a one -bedroom unit on the first vel and an efficie cy unit on the second level. A buyer would have the opportunity to live in one unit a\hvEe nt out the Ether, or because the home is in a neighborhood commercial zone, the owner could a neighborhood business on the first floor. 322 Douglass Court was also purchased for the Unity program in FY20 and is currently under renovation. A total of 68 homes, with an investment of over $3 million in rehabilitation, have been renovated and sold through the program since 2011. September 10, 2020 Page 4 CDBG and HOME Housing Projects FY20 marked the completion of a HOME Tenant -Based Rent Assistance (TBRA) progra administered by � e Iowa City Housing Authority, which provided rent assistance over a period of f r years to a total of 24 useholds. HOME rental rehabilitation projects were completed by Successf iving and the Housing Fello\Successful erving five persons with disabilities and four other household under 60% AMI. Three afforoperties were acquired with HOME assistance by Mayor's Y th Empowerment Program (MYuccessful Living which provide housing for 11 persons wit isabilities. Shelter House used HOMfor the acquisition of permanent supportive housing at serves five individuals. In FY20 the a o able to secure a waiver from HUD to increase t Community Housing Development Orga(C 0) operating funds for the Housing Fellowsh' from $22,000 to $48,000 to maintain staffs durin the pandemic as they experienced a subs ntial drop in rental income. This increase in ol funds 11 continue for FY21. Riverfront Crossings Afford'a)file Housing RequiremeV& Tax Increment Financing In June 2016 the City adopted a affordable housi requirement in the Riverfront Crossings District where new developments zoned 'verfront Cro Ings with more than 10 units must provide affordable housing equivalent to 10% of the J: units i he development. At the end of FY20, this requirement had created 42 affordable rental units th a at or under 60% of median income. Developers may also pay a fee -in -lieu pe \heon't provide on-site units. To date the City has received $756,244 infee-in-lieu paym is fs, plus repayment for anon -compliance issue. These fundsare available for afford le hortunities within the Riverfront Crossings District. Tax increment financing supporte the creaadditional affordable rental units that are within their compliance period during 20. The mmitted to 33 units of affordable housing in perpetuity due to a local requ' ement to puoperty in the Riverfront Crossing District. Summary of Balances Carrled Over to FY21 Available for AVoratien- Fund/Source Amount No Carried over to FY21 Opportunity Fun (Former Land $595,000 Banking Fund) Low Inc om ousing Tax Credits $380,000 Administered th ugh the Housing Trust Fund. Riverfr nt Crossings Fee in Lieu $756,244 May only be used in t Riverfront Crossings Pay nts District. IC A Affordable Housing Fund $420,000 Reserved for the developm nt/acquisition of low-income replacement using units. a I: $2,151,244 September 10, 2020 Page 5 reference the following pie charts demonstrate the percentage of FY20 funds spent by funding FY20 - Funds Spent, All Sources 1M ■ Rent/N,, ies ®■ Re al Construction RentalAcq./Rehab. Owner Occupied - Acquisiton, Rehab. & Downpayment ■ Other R FY20 - Funds Soent, Exouding the ICHA ■ Rent Subsidies Rental New Construction \Do q./Rehab. IME i ccupied - Acquisiton, Rehab. ayment The City will continue our affordable housing efforts in FY21. The focus in FY21 will be t support our ,CCIVIDI9 response to enable low income residents (under 80% AMI) to maintain their exis 'ng housing and create and implement those regulatory changes that provide a diversity of housing in a the City's neighborhoods. The City hopes to approve and implement the South District Form Based Co' o in the fall of 2020, amend the Riverfront Crossing Form Based Code and initiate a Comprehensive Pla September 10, 2020 Page 6 amendment that will encourage more density and a diversity of housing in low density single family resi\most nes. Thecontinue to support our COVID housing relief efforts with contracts entered or ' itiated at the20 and start of FY21 with CommUnity Crisis Services, Shelter House and th enter for WoThe City Council recently gave the City Manager authority to increas unding to these promin tratively, up to 1.5 times the original allocation, when needed. The sprea eet outlines the programs, projects and initiatives cre d or supported in FY20 undost relev t goal. Many of the projects serve more than on oal but are only reported in one location. 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Item Number: 4. S eptember 10, 2020 B LM & Systemic Racism Detail ed S tatus Report AT TAC HM E NT S: D escription B L M & S ystemic R acism D etailed Status R eport 1 City of Iowa City COMMITMENT TO ADDRESSING BLACK LIVES MATTER & SYSTEMIC RACISM Resolution No. 20-159 Status Report September 9, 2020 2 SUMMARY OF COMMITMENTS The City of Iowa City is committed to embracing the Black Lives Matter Movement and addressing Systemic Racism. The City Council unanimously passed Resolution No. 20-159 on Tuesday, June 16, 2020 which outlined seventeen initial actions. A copy of that signed resolution, along with other related resources, is available at www.icgov.org/BLM. The seventeen actions have been identified in this initial commitment and are summarized below. Click on an action to be taken to the status report page for that item: Policing & the Future of Public Safety • Develop a preliminary plan to restructure Iowa City Police Department (ICPD) towards community policing. • Receive a report of ICPD involvement in use of gas and flash-bang devices during a June 2020 Black Lives Matter protest in Iowa City. • Increase accountability and oversight authority of CPRB, where legally possible. • Improve transparency and accessibility of detailed ICPD budget expenditures. • Review inventory of military grade equipment in ICPD, evaluate federal contracts with the ICPD and express support for divestment of the Johnson County Sherriff’s Mine Resistant Ambush Protected (MRAP) vehicle. • Enact ICPD General Order to expressly ban the use of chokeholds & any maneuver that cuts off oxygen or blood flow. • Continue ICPD policy and practice to be consistent with IA H.F. 2647, ensuring police officers in Iowa have not committed serious misconduct. • Investigate compliance and evaluate disciplinary action related to proper use of body cameras and vehicle recording devices. • Ensure the duty to intervene and stop excessive force, in both ICPD General Order and an MOU with area law enforcement agencies. • Prohibit use of tear gas, rubber bullets, and flash bangs against peaceful protestors. • Adopt 2021 state legislative priorities related to criminal justice reform, enhanced authority of the Community Police Review Board (CPRB), and decriminalization of small amounts of marijuana. Truth & Reconciliation • Create an ad hoc Truth & Reconciliation Commission to carry out restorative justice. Diversity, Equity & Inclusion • Commit $1,000,000 to local efforts promoting racial equity + social justice, including development of a new Affordable Housing Plan. • Increase opportunities for artistic expression by communities of color. • Establish Juneteenth as an official city holiday beginning in 2021. • Increase diversity of City employees, expand equitable recruitment efforts, and elevate organizational equity training, policies, and procedures. • Continue use of a racial equity toolkit use in all city departments, expand training to the City Council, and educate and train the local business community 3 PROGRESS SUMMARY Policing & the Future of Public Safety Truth & Reconciliation Diversity, Equity & Inclusion *Note: Actions showing multiple icons have some council directives accomplished and others underway; details are provided on each action’s page. $1m. committed to SJRE efforts + Affordable Housing Plan Equitable recruitment, hiring, staff training 2021 legislative priorities supporting racial/social justice Develop Truth & Reconciliation Commission Plan to restructure ICPD towards community policing Report on gas/flash bang use on protestors Increased oversight authority for CPRB Transparent and accessible ICPD budget details Military-grade equipment inventory review, MRAP Letter ICPD G.O.: Chokeholds and airway restricting maneuvers ICPD G.O.: Police misconduct related to IA H.F. 2647 ICPD G.O.: Body camera + car recorder compliance ICPD G.O.: Duty to Intervene & stop excessive use of force ICPD G.O.: Tear gas, rubber bullets, flash bangs in protests Racial & Equity Toolkit expansion of use + education Increase art + celebrations of communities of color Establish Juneteenth as official City holiday Awaiting City Council action Planning or action currently underway Some or all actions accomplished Action(s) completed Action(s) in progress Awaiting City Council action Last Updated: September 9, 2020 4 Resolution “By December 15, 2020, develop a preliminary plan to restructure the Iowa City Police Department (ICPD) towards community policing, including, but not limited to, reduction of the public’s reliance on police in non- violent situations through use of unarmed professionals, and consideration of community policing initiatives in other cities, including, but not limited to, Minneapolis, MN, Camden, NJ, Los Angeles, CA and San Francisco, CA.” (Res. 20-159, p. 1, #1) Status Summary City Council will hold a series of six listening posts on community policing. Each event will feature a different area of focus, and relevant service providers will be present to contribute insight and expertise to the conversation. Information on these listening posts and additional input opportunities are below: COMMUNITY POLICING LISTENING POST EVENTS: • Sept. 16, 2020 at 5:30pm: Mental Health, Crisis, Intervention, and Addiction Location: Mercer Park (2701 Bradford Dr) | Hosted by: Salih, Bergus, Weiner • Details on additional listening posts coming soon! ADDITIONAL COMMUNITY POLICING INPUT OPPORTUNITITES: • Sept. 21, 2020 at 5:30pm: Community Police Review Board Forum (Registration required). • Ongoing: Online public input form for community policing ideas (available until 10/15). Stay up to date on policing input opportunities! Check www.icgov.org/BLM for updates, follow the City of Iowa City on social media, and sign up for e-mail or SMS/text message notifications from the City! Next Steps Target Date Milestone Action Group(s) September – October 2020 Various input opportunities. Details can be found above or online at: www.icgov.org/blm. Public, City council Dec. 10, 2020 Deliver preliminary plan to City Council Staff, Council, Public Accomplishments September 1, 2020: City Council approved the replacement of a vacant, full-time police officer position with a civilian Victim Support Specialist position. More information is available here. ACTION 1: PRELIMINARY PLAN TO RESTRUCTURE ICPD TOWARDS COMMUNITY POLICING 5 Resolution “Allocate City funds in the amount of $1,000,000 during Fiscal Year starting July 1, 2020 for efforts to promote racial equity and social justice, including expansion of the Special Populations Involvement (SPI) program, creation of a new robust affordable housing plan, including, but not limited to, housing in the downtown and core neighborhoods, support of the to be determined efforts of a Truth and Reconciliation Commission, and hold a Council work session on or before August 1, 2020 to address specific allocations.” (Res. 20-159, p. 1, #2) Status Summary Allocation plans for these funds are pending further City Council discussion. Next Steps Target Date Milestone Action Group(s) TBD Hold City Council work session to address specific allocations City Council Accomplishments • August 18, 2020: City Council agreed to contribute $25,000 in funding to assist the Iowa City BIPOC and Immigrant-Owned Businesses impacted by the COVID-19 pandemic, in collaboration with ThinkIowaCity and Project Better Together’s Holding Our Own program. This funding is separate from the $1 million commitment. View a list of funding recipients. ACTION 2: COMMIT $1,000,000 TO LOCAL EFFORTS PROMOTING RACIAL EQUITY + SOCIAL JUSTICE 6 Resolution “Elevate the City’s commitment to racial equity and social justice, including expanding efforts to increase the number of minorities employed by the City including eliminating barriers to applications, increase resources devoted to those efforts as needed to better train all city employees and coordinate and report on the use of funds dedicated for racial equity and social justice.” (Res. 20-159, p. 2, #3) Status Summary Staff continue to actively explore opportunities for equitable hiring and recruitment policy and practice improvements, such as those ideas outlined in the staff report. Staff also continue to seek additional diversity, equity, and inclusion (DEI) trainings that could benefit employees, board and commission members and the City Council. Due to efforts of the new DEI Staff Committee, The City has signed on as a supporter for the 21-Day Equity Challenge sponsored by the Central Iowa United Way. Staff, board and commission members, and City Council are encouraged to sign-up, and members of the public who are interested in the program can learn more and sign up at: www.equitychallenge.org. Next Steps Target Date Milestone Action Group(s) Ongoing, Monthly Staff Diversity, Equity and Inclusion (DEI) Committee meetings and efforts Staff October 5, 2020 The 21-Day Equity Challenge begins All Accomplishments • July 29, 2020: Approximately 60 City and County staff participated in a virtual Cultural Proficiency pilot training. • August 2020: New staff Diversity, Equity, and Inclusion (DEI) Committee was formed, with a mission to discuss opportunities and plans for improving workplace culture related to diversity, equity, and inclusion. This committee will continue to meet monthly and seek progress in these areas. • August 20, 2020: Staff completed a report on Iowa City employee demographics, recruitment efforts, and staff diversity, equity, and inclusion trainings. ACTION 3: INCREASE DIVERSITY OF EMPLOYEES, EQUITABLE RECRUITMENT EFFORTS, AND ORGANIZATIONAL EQUITY TRAINING 7 Resolution “By August 1, 2020, receive a report from the City Manager on the ICPD’s involvement in the use of gas and flash-bang devices during the protest in Iowa City on June 3, 2020.” (Res. 20-159, p. 2, #4) Status Summary OIR Group (based in Playa del Ray, CA) is currently conducting an independent investigation of the June 3, 2020 BLM protest incident that took place near the Interstate 80 interchange and Dubuque Street. Next Steps Target Date Milestone Action Group(s) TBD Deliver report from OIR Group to City Council Third Party Accomplishments • September 1, 2020: Councilors approved a contract with OIR Group (based in Playa del Ray, CA) to conduct an independent investigation of the June 3, 2020 BLM protest incident that took place near the Interstate 80 interchange and Dubuque Street. • September 3, 2020: Per City Council direction, the City released a statement and video footage related to the June 3, 2020 BLM protest incident. ACTION 4: RECEIVE REPORT ON ICPD INVOLVEMENT IN USE OF GAS AND FLASH BANGS DURING JUNE 2020 BLM 8 Resolution “By October 1, 2020, create an ad hoc Truth and Reconciliation Commission to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement.” (Res. 20-159, p. 2, #5) Status Summary Due to a significant amount of last-minute input on the proposed TRC resolution, and a desire by Council members to give this item more substantial attention and discussion, adoption of the resolution was deferred to the September 15, 2020 regular City Council meeting. Next Steps Target Date Milestone Action Group(s) Sept. 15, 2020 City Council to consider adopting a resolution creating a Truth and Reconciliation Commission at their regular, formal meeting. City Council, Public TBD TRC application process initiated City Council, Staff, Public Accomplishments • July – September 2020: Continued collaborative efforts to collect ideas and input from members of the public, including councilor meetings and sustained communication with members of the Iowa Freedom Riders (IFR), input from other community groups, and individual input collected via e-mail, phone, and in-person at City Council meetings. • July 21, 2020 – Public input opportunity at the regular, formal City Council meeting. • August 18, 2020: Councilors Bergus and Weiner introduced a draft resolution. • September 1, 2020: Councilors received public input and made plans to discuss further at the next City Council meeting. ACTION 5: CREATE AD HOC TRUTH & RECONCILIATION COMMISSION TO CARRY OUT RESTORATIVE JUSTICE 9 Resolution “Make it a 2021 City Council legislative priority to advocate for and support our state delegation in enacting criminal justice reform, eliminating the war on drugs and making changes to state law that enable the City’s plan to restructure the police department, enhance the authority of the Community Police Review Board (CPRB) and reduce disproportionate minority contact, including support of state legislation decriminalizing small amounts of marijuana.” (Res. 20-159, p. 2, #6) Status Summary Prior to the start of the 2021 State of Iowa legislative session, the Iowa City City Council will adopt, by resolution, legislative priorities, and share those with our elected State delegation and the Governor’s Office. Staff are actively monitoring progress of the Governor’s FOCUS Committee on Criminal Justice Reform and the NAACP / Iowa Police Chief’s Association Equity Committee. Next Steps Target Date Milestone Action Group(s) December 1, 2020 Adopt 2021 Legislative Priorities City Council Accomplishments • Participated in June 19, 2020 work session between the NAACP and local, state and federal law enforcement agencies. Committed to working collaboratively on local and statewide reform and accountability measures through a new Equity Task Force co-chaired by the Iowa Police Chiefs Association and the Iowa/Nebraska NAACP. A summary of this first meeting is available here. ACTION 6: ADOPT STATE LEGISLATIVE PRIORITIES RELATED TO CRIMINAL JUSTICE REFORM, CPRB AUTHORITY & DECRIMINALIZATION OF SMALL AMOUNTS OF MARIJUANA 10 Resolution “Continue use of the racial equity toolkit by city departments and expand such training to the City Council, and work with our local business partners to educate and train the business community on use of a racial equity toolkit.” (Res. 20-159, p. 2, #7) Status Summary City staff will continue to expand knowledge and use of the toolkit and update City Council as appropriate. Additional racial equity toolkit training will be prepared for both the City Council and the business community. The Department of Equity and Human Rights hosted an initial Culturally Responsive Communication training for area property managers and businesses (approximately 45 participants). This is the first in a series of planned trainings for these groups, with the next opportunity scheduled for October 14, 2020. Next Steps Target Date Milestone Action Group(s) October 14, 2020 Advanced implicit bias training opportunity for local landlords and members of the business community who participated in the July 22 or Sept. 9 trainings. Staff, landlords & property managers, business community Upcoming City Events Promoting Racial Equity + Social Justice • The Senior Center will host a virtual book discussion (So You Want to Talk about Race) at 2pm on September 28, 2020. View their September program guide to learn more and register. • The Iowa City Public Library has launched an ongoing Read Woke Program (all ages) and is providing a list of free movies about race, racism, and cultural identity available on Kanopy. Accomplishments • July 22, 2020: Culturally Responsive Communication training delivered to 100+ members of the local business community. • July 23, 2020: Staff presented a memo on the City’s use of the racial equity toolkit to Council. • August 26, 2020: Staff, in collaboration with the ACLU, conducted a Know Your Rights presentation with area youth through the Neighborhood Centers of Johnson County. • September 9, 2020: Culturally Responsive Communication training delivered to area property managers and businesses. Approximately 45 individuals participated. ACTION 7: CONTINUE USE OF RACIAL EQUITY TOOLKIT USE AND EXPAND TRAINING TO CITY COUNCIL AND LOCAL BUSINESSES 11 Resolution “Request and receive, by January 1, 2021, a report and recommendation from the CPRB, in consultation with an attorney of its choice, regarding changes to the CPRB ordinance that enhance its ability to provide effective civilian oversight of the ICPD, including but not limited to those that address compelling the testimony of officers, with the report to include a summary of measures considered and rejected by the CPRB, whether it be for policy or legal reasons.” (Res. 20-159, p. 2, #8) Status Summary This action will be coordinated directly by the City Council’s Community Police Review Board (CPRB). The CPRB will host a virtual Community Forum to hear views on Iowa City Police Department policies, practices and procedures. The community is invited to submit questions and comments that will be used during the event. The forum will be held on Monday, September 21, 2020 at 5:30pm via Zoom. Click here to learn more and register for the Zoom link. Questions or comments you’d like addressed at the forum should be submitted by Thursday, September 10 via e-mail (CPRB@iowa-city.org) or mailed to CPRB at City Hall, 410 E. Washington St., Iowa City, Iowa 52240. For individuals who cannot attend, the forum will also be recorded and later shown on City Channel 4. Next Steps Target Date Milestone Action Group(s) September 21, 2020 Community Police Review Board Community Forum held at 5:30pm via Zoom. CPRB, public December 31, 2020 CPRB to deliver report and recommendation to the City Council CPRB *CPRB meeting dates subject to a quorum of members Accomplishments ACTION 8: INCREASE ACCOUNTABILITY AND OVERSIGHT AUTHORITY OF CPRB, WHERE LEGALLY POSSIBLE 12 Resolution “Direct staff to provide a detailed expenditure summary of the police budget on the City’s website.” (Res. 20-159, p. 2, #9) Status Summary Additional budget information was added to the Iowa City Police Department webpage in June of 2020. That information is available on the Police Budget webpage. Staff will continue to increase transparency about the Police Department operations through revised web content in 2020-2021. Additional budget information will be added with the release of staff’s proposed fiscal year 2022 budget. Some items staff will be working on gathering to publish on the website include recent community policing/alternative policing efforts and investments, analyses of calls for service, past and future diversity efforts related to hiring and recruitment, and general improvements to the navigation and accessibility of the PD webpage. Next Steps Target Date Milestone Action Group(s) Dec. 15, 2020 Update Police Department website with additional budget and operational details Staff Accomplishments • View additional fiscal year 2021 police department budget information (published June 2020). ACTION 9: IMPROVE TRANSPARENCY + ACCESSIBILITY OF DETAILED ICPD BUDGET EXPENDITURES 13 Resolution “Send the letter attached as Exhibit “A” to the Johnson County Sheriff supporting divestment of the MRAP (Mine Resistant Ambush Protected) vehicle and obtain a report from city staff on the military grade equipment in the ICPD’s inventory and the federal contracts that provide support to the police department.” (Res. 20-159, p. 2, #10) Accomplishments • June 17, 2020: Mayor Teague submitted a letter to the Johnson County Sheriff supporting divestment of the MRAP vehicle. A copy of the letter can be viewed here. • August 20, 2020: City staff prepared a memo outlining federal contracts from 2017 to the present, that provide support to the Iowa City Police Department. • Staff delivered a memo on ICPD military grade equipment to City Council on September 10, 2020. ACTION 10: REVIEW ICPD INVENTORY OF MILITARY-GRADE EQUIPMENT + SUPPORT COUNTY DIVESTMENT OF MRAP 14 Resolution “Direct the City Manager to expressly ban, in the ICPD’s general orders, any use of chokeholds or any other maneuver that cuts off oxygen or blood flow.” (Res. 20-159, p. 2, #11) Accomplishments • CPRB last reviewed the Iowa City Police Department’s General Order on Use of Force at their October 8, 2019 meeting. The board recommended changes and those were incorporated by the Iowa City Police Department. The General Order was re-issued by the Police Department on October 23, 2019. • The Community Police Review Board approved an updated Use of Force General Order (G.O.) at their August 19, 2020 meeting. The G.O. was re-issued by the ICPD on August 20, 2020. ACTION 11: ADOPT ICPD GENERAL ORDER (G.O.) TO EXPRESSLY BAN CHOKEHOLDS & ANY MANEUVER THAT CUTS OFF OXYGEN OR BLOODFLOW 15 Resolution “Direct the City Manager to ensure the ICPD’s policy and practices regarding employment of officers is consistent with the goals of recently enacted Iowa House File 2647 to ensure that officers working in Iowa have not committed serious misconduct, as defined therein.” (Res. 20-159, p. 2, #12) Status Summary The Iowa City Police Department recruitment process already contains a robust background check process that includes a review of past employment history. Candidates with a history of serious misconduct are not considered for employment with the Iowa City Police Department. As the Iowa Law Enforcement Academy develops rules for the implementation of House File 2647, staff will adjust policies accordingly to ensure complete compliance with the new law. Next Steps Target Date Milestone Action Group(s) TBD – Dependent upon when the State of Iowa releases rules Update Human Resource policies as needed to ensure compliance with HF 2647 Staff Accomplishments ACTION 12: CONTINUE ICPD POLICY + PRACTICES REFLECT IA H.F. 2647, ENSURING OFFICERS HAVE NOT COMMITTED SERIOUS MISCONDUCT 16 Resolution “Direct the City Manager to review the systems and reporting mechanisms in place at the ICPD for evaluating compliance with the ICPD’s Body Worn Cameras and In-Car Recorders general order, ensure that such systems result in consistent compliance with the general order, revise as necessary to achieve that goal, include real consequences for non-compliance, and report back to the Council upon completion of the review.” (Res. 20-159, p. 3, #13) Accomplishments • The Community Police Review Board reviewed and approved the General Order on Body Cameras and In-Car Recorders at their February 11, 2020 meeting. • The Community Police Review Board again reviewed and approved an updated General Order on Body Cameras and In-Car Recorders at their September 8, 2020 meeting. • The Community Police Review Board (CPRB) reviewed and approved an updated General Order on body cameras and in-car recorders at their September 8th meeting. • Staff delivered a report on the revised General Order related to body worn cameras and in-car recorders, to City Council on September 10, 2020. ACTION 13: EVALUATE COMPLIANCE + DISCIPLINARY ACTION RELATED TO PROPER USE OF BODY CAMS AND CAR RECORDERS 17 Resolution “Direct the City Manager to revise the ICPD’s general orders to require officers to intervene and stop excessive force used by other officers and report the incident directly to a supervisor, and enter into a memorandum of understanding with other law enforcement agencies regarding such intervention when the excessive force is being used by an officer of another agency such as that currently being discussed and circulated among area law enforcement attached as Exhibit “B”” (Res. 20-159, p. 3, #14) Accomplishments • June 19, 2020: ICPD staff participated in joint work session between the NAACP and local, state, and federal law enforcement agencies. At the joint work session, Iowa City joined five area law enforcement agencies in signing a Duty to Intercede MOU. • On July 14, 2020, the Community Police Review Board (CPRB) approved, with no changes, the new Duty to Intervene and Report General Order provided by staff. An executed copy of that General Order can be viewed online and has been issued to ICPD staff/officers. ACTION 14: ENSURE DUTY TO INTERVENE & STOP EXCESSIVE FORCE, BOTH IN ICPD AND MOU WITH AREA LAW ENFORCEMENT 18 Resolution “Request and receive a report and recommendation from the City’s Public Art Advisory Committee, after input from and consultation with local Black artists, on measures Council should consider to provide opportunities for artistic expression by the Black Lives Matter movement and communities of color, including but not limited to visual arts as well as a public festival dedicated to the celebration of Black culture.” (Res. 20-159, p. 3, #15) Status Summary At the August 18, 2020 regular meeting, City Council considered a recommendation from the Public Art Advisory Commission (PAAC) to proceed with a proposal for a mural honoring the Black Lives Matter Movement. The recommendation included a presentation from the Center for Afrofuturist Studies on the process of the project, which includes plans for public input and participation. City Council approved a resolution to proceed with the project. Additionally, City Council discussed the naming of a park after James Alan McPherson, a former resident of Iowa City who was the first African-American writer to win the Pulitzer Prize for fiction and an influential former professor emeritus at the Iowa Writer’s Workshop. Council members invited the Parks & Recreation Commission to develop and introduce a formal recommendation. Next Steps Target Date Milestone Action Group(s) TBD City Council to consider a recommendation to name a city park after James Alan McPherson. City Council, Parks and Recreation Commission TBD* Community involvement in the public art project; details forthcoming from the sponsoring groups. PAAC, public, Public Space One, Center for Afrofuturist Studies Spring 2021 Creation of the public art project, with expected completion by the Spring of 2021. PAAC, Sponsoring Groups, Artists ACTION 15: INCREASE OPPORTUNITIES FOR ARTISTIC EXPRESSION BY COMMUNITIES OF COLOR The mural is proposed to be located on the stair towers of the Capitol Street Parking Ramp along Burlington Street. 19 Resolution “Prohibit the use of tear gas, rubber bullets, and flashbangs against peaceful protestors.” (Res. 20-159, p. 3, #16) Status Summary Immediate direction has been provided to the Iowa City Police Department. Any policy update on this item is on hold until the completion of the investigation in action item #4 of this resolution. Staff will use the report of the June 3, 2020 events and City Council’s related discussion of these reports, to inform their review of all policies and ensure any relevant updates to policies are completed. Next Steps Target Date Milestone Action Group(s) TBD Receive and discuss report on June 3, 2020 protest response City Council Accomplishments ACTION 16: PROHIBIT THE USE OF TEAR GAS, RUBBER BULLETS, AND FLASHBANGS AGAINST PEACEFUL PROTESTORS 20 Resolution “Beginning in calendar year 2021, Juneteenth, June 19, shall be a city holiday and shall replace an existing city holiday.” (Res. 20-159, p. 3, #17) Status Summary Under State law, holidays are mandatory subjects of collective bargaining for public safety unions and permissive subjects of bargaining for non-public safety unions. The City Manager’s Office will be reaching out to all three unions representing city employees to request that Juneteenth replace an existing holiday. Next Steps Target Date Milestone Action Group(s) October 1, 2020 Obtain needed agreements from unions to replace an existing holiday with Juneteenth Staff Accomplishments ACTION 17: ESTABLISH JUNETEENTH AS AN OFFICIAL CITY HOLIDAY BEGINNING IN 2021 Item Number: 5. S eptember 10, 2020 Pen d ing City Council Work Session Topics AT TAC HM E NT S: D escription Pending City Council Work Session Topics Item Number: 6. S eptember 10, 2020 Memo from City Manag er: Resol u tion 20-159: B ody Worn Cameras and In - Car Record ers AT TAC HM E NT S: D escription Memo from C ity Manager: R esolution 20-159: Body Worn Cameras and I n-C ar R ecorders Date: September 10, 2020 To: Mayor and Council From: Geoff Fruin, City Manager Re: Resolution 20-159: Body Worn Cameras and In-Car Recorders Background The City Council adopted Resolution 20-159, which included the following action: “Direct the City Manager to review the systems and reporting mechanisms in place at the ICPD for evaluating compliance with the ICPD’s Body Worn Cameras and In-Car Recorders general order, ensure that such systems result in consistent compliance with the general order, revise as necessary to achieve that goal, include real consequences for non-compliance, and report back to the Council upon completion of the review.” (Res. 20-159, p. 3, #13)” Prior to this resolution the Iowa City Police Department’s Body Worn Cameras and In-Car Recorders General Order was last reviewed and approved by the Community Police Review Board (CPRB) at their February 11, 2020 meeting. Over the last month, I have reviewed the General Order with the Police Department and City Attorney’s Office and we have initiated several changes aimed at ensuring recordings fully capture interactions involving officers, that videos are retained for a sufficient period of time and that officers are accountable for failure to adhere to the General Order. The results of that review are incorporated into the attached revised General Order. The revised General Order was presented at the CPRB’s meeting on September 8th with no further changes recommended. Updated General Order 99-08 Body Worn Cameras and In-Car Recorders Attached to this memo is the latest revision to General Order 99-08 Body Worn Cameras and In-Car Recorders that was spurred by the City Council’s June resolution. The first version shows additions to the previous policy in green highlight and deletions in red highlight. A second clean copy of the new General Order is also attached. A summary of the changes is provided below: • Clarification on testing and usage of in-car recording devices prior to starting a shift. • Clarification that the in-car recording system must be activated on all traffic stops, including when a citation is being written. • Increase in minimum video retention periods to 365 days. • A new mandate for all patrol cars to have a charging device for body worn cameras aimed at ensuring they have ample charge for extended shifts. • A new requirement for body worn cameras to be activated during parking enforcement activities even when there is no interaction with the public. • A requirement for employees to report back to the station for a replacement if a camera malfunctions. In emergent situations when a return to the station is not feasible every attempt to provide a backup officer with a functioning camera shall be pursued. September 10, 2020 Page 2 • Enhanced supervisory reviews of body cameras including more frequent random checks and reviews in all use of force incidents. Any incomplete footage will automatically be investigated through a Report of Inquiry (ROI) process. • A new annual report on compliance with this General Order will be sent to the City Manager’s Office and CPRB for review. • A new section on discipline that specifies that employees found to intentionally turn off or disable their recording device will be subject to suspension or termination. Compliance with this general order has historically been very strong in the Iowa City Police Department. However, these changes will further enhance usage and public transparency by (1) expanding testing of equipment and expediting replacement of malfunctioning equipment during a shift, (2) mandating mobile charging devices in all patrol vehicles, (3) expanding types of incidents that must be recorded, (4) creating additional supervisory review responsibilities, (5) adding an annual compliance report that will be reviewed by the City Manager and CPRB, and (6) specifying significant disciplinary measures for intentional disabling of recording devices. OPS-12.1 Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code August 25, 2020 OPS-12 Reevaluation Date August 2023 Amends OPS-12 Previous Version (2013) C.A.L.E.A. Reference 41.3.8 (see “INDEX AS:”) INDEX AS: Use of Force Traffic Stops Internal Investigations Recording Devices Evidence In-car Recorders Evaluations Body Worn Cameras (BWC) I. PURPOSE The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. II. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions bet ween officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer’s instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion o f a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. BODY WORN CAMERAS and IN-CAR RECORDERS OPS-12.2 III. DEFINITIONS Audio/video recording equipment consists of : 1. In-car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. 2. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer’s person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWC and in -car recorders to accomplish several objectives. The primary objectives are as follows: 1. BWCs and in-car recorders allow for accurate documentation of police- public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Iowa City Police Department’s ability to review probable cause for arres t, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in-car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in-car recorder is assigned to a vehicle containing one, after their assignment they should notify a supervisor. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry. OPS-12.3 OPERATION OF THE RECORDING APPARATUS In-car Recording Apparatus Officers shall log into the in-car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in-car recording system prior to each shift to verify proper functioning and shall notify their supervisor of any problems. If another squad car is available with a working in -car recording device officers shall utilize that vehicle for their watch. In-car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the ® record button 4. manual activation by activating a synched BWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety-including when the citation is being written. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that their top priority is safety. In addition to traffic stops, officers shall manually activate their recording equipment on calls for service and on self-initiated field activity if it involves an encounter with a person. Officers, if able, shall activate the in-car recorder system immediately upon being involved in a motor vehicle crash. It is recommended that officers consider activating the in-car recorder system when responding to calls-for-service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department by one of the OWI or interview room cameras the BWC and in-car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in-car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in-car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. Officers can choose from the list below in the vehicle when classifying a video. OPS-12.4 Video Classifications Retention Length 1-equipment check 30 365 days 2-No CFS 180 365 days 3- Parking/motorist assist 180 365 days 4- Warning 180 365 days 5- CFS / no report 180 365 days 6- Accident 365 days 7- OWI 730 days 8-CFS / Report 365 days 9- Citation 365 days 10- Use of Force 730 days 11- Arrest 730 days 12- Robbery 730 days 13- Assault 730 days 14- Domestic 730 days 15- Death Investigation indefinite Upon completion of a recorded event which results in an arrest the Officer shall use the CFS# classification to associate the call for service number associated to the video files. This shall be done by all responding officers. Use of video classification and CFS# entry applies only to events managed with in vehicle recorders. Body Worn Cameras (BWC) BWC’s that are properly synched to an in-car device will automatically start when the in-car recorder is activated. The BWC will also start an in-car recorder when initiating a recording. All patrol cars shall be equipped with an auxilia ry charging device for the BWC. When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so . Additionally, officers shall activate the BWC at the initiation of any other law enforcement action, including parking enforcement even if there is no interaction with the public, or investigative encounter between a police officer and the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds and any encounter that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal . Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as coope rating with the police. Officers’ may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood OPS-12.5 residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed to ensure the integrity of the recording unless the contact moves into an a rea restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC when there is no interaction with persons or that interaction has ended. While on a tow call or issui ng a parking citation when there is no interaction with persons or that interaction has ended and after capturing any violation or damage with the BWC. NOTE: The recording must be longer than 60 seconds for it to be accepted into the video system. Animal control calls (unless a firearm is used) where there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OWI investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been acti vated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the OWI and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was no t OPS-12.6 made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the inter ruption shall be sufficient documentation. If an officer’s BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel . Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment failure or malfunctions shall be brought to the attention of the officer’s employee’s supervisor as soon as possible so that a replacement unit may be procured. A radio log shall be made indicating that the camera is not functioning when it is first known. Employees must report back to the station for a replacement unless unable to because of an emergent call for service. If an employee is unable to come back to the station for a replacement due to an emergent situation then every attempt should be made to have a backup officer on scene with a working camera. The BWC shall be worn on the officer’s chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In-car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of OPS-12.7 Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. Restrictions on Using the In-car Recorder or BWC In-car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: • Encounters with undercover officers or confidential informant s. • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers’ official duties and with an articulable reason, officers will not use the in-car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Record After-The-Fact The new recording system has the capability of running in a continuous record, However, this feature has been disabled on the body worn devices, the only time any recording will be captured on a body worn device is when the recording is activated by the front button, or when initiated by a synched in car recording device. This is to maintain a level of privacy for those wearing body worn devices and to prevent excessive drain on battery life. If at some point this feature is to be used it will be by directive of the Chief of Police and appropriate notification will be sent to all users prior to the change. Record after the fact will be functional and running on all patrol vehicle recorders, this will be used in case of major incident or investigation that has cause to believe the patrol vehicle may have been in an area and captured footage o f an event or pre/post event footage when a car recorder was not in the record state. Officers should be aware that all patrol vehicle records have this feature and are always in record state, however only videos that are event initiated are ever exported to the system for playback. Any video captured after the fact, as well as the 1 min pre-record on all videos, have no audio associated with them as it is only video playback. OPS-12.8 If a recording of value is found on a recorder it can be changed to an event a nd exported to the system for saving and further viewing. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in-car recorder or BWC identifier, and assigned officer. All images and sounds recorded by the in-car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non-law enforcement purposes is strictly prohibited. All access to in-car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. VIDEO RETENTION Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recor dings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention a disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS - Supervisors will have access to view all videos. - Investigation users have view only access to all videos. - All officers will have access to view their own video and recordings from the intox area. SUPERVISOR RESPONSIBILITIES Supervisors shall review in-car and BWC recordings for all involved employees for use of force incidents and complaints. Documentation of these reviews will be logged on the prescribed form (Appendix A). Supervisors that discover an incident where an in-car or BWC recording device was not activated or improperly shut off shall complete a report of inquiry form (ROI) and forward to the captain of field operations. The supervisor sh all include if there was sufficient time for the activation of a device. If an in-car or BWC recording was not activated where there was sufficient time to do so or improperly shut off a report of inquiry shall be completed and forwarded to command staff for review. OPS-12.9 At least on a semi-annual monthly basis (Jan-Jun/Jul-Dec), supervisors will randomly* review at least two one in-car or and one BWC recording of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. On January 1st and August 1st of each year, Where possible video review should be of the same incident to ensure the system is synching as it is designed. By the 15th of each month each Watch Commander, Lieutenant of Investigations and Animal Control Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A) from the previous month. *For this policy Randomly means videos randomly selected that are not already being reviewed for another purpose. COMMAND STAFF RESPONSIBILITIES The captain of field operations shall maintain a record of incidents where employees did not activate an in-car or BWC recording device or improperly shut off a recording device in violation of this policy and monitor for repeats from the same employee. By March 1st of each year the captain of field operations will submit an annual report to the city manager’s office and Community Police Review Board from the previous year on compliance with this general order. This report should contain summary of the results of the monthly supervisory checks, Use of Force checks and all checks generated from internal affairs investigations. Media Card Control Normally, video for the in-car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In-car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities. OPS-12.10 VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will be responsible for dissemination of the cloud sh are link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. DISCIPLINE Any employee who violates this policy will be subject to discipline as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. Any employee found to intentionally turn off or disable an in-car recording device or body camera when their use is required will be subject to suspension or termination as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa C ity and the Police Labor Relations Organization of Iowa City allow. Denise Brotherton, Interim Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sancti ons. OPS-12.1 Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code August 25, 2020 OPS-12 Reevaluation Date August 2023 Amends OPS-12 Previous Version (2013) C.A.L.E.A. Reference 41.3.8 (see “INDEX AS:”) INDEX AS: Use of Force Traffic Stops Internal Investigations Recording Devices Evidence In-car Recorders Evaluations Body Worn Cameras (BWC) I. PURPOSE The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. II. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions bet ween officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer’s instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion o f a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. BODY WORN CAMERAS and IN-CAR RECORDERS OPS-12.2 III. DEFINITIONS Audio/video recording equipment consists of : 1. In-car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. 2. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer’s person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWC and in -car recorders to accomplish several objectives. The primary objectives are as follows: 1. BWCs and in-car recorders allow for accurate documentation of police- public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Iowa City Police Department’s ability to review probable cause for arres t, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in-car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in-car recorder is assigned to a vehicle containing one, they should notify a supervisor. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry. OPS-12.3 OPERATION OF THE RECORDING APPARATUS In-car Recording Apparatus Officers shall log into the in-car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in-car recording system prior to each shift to verify proper functioning and shall notify their supervisor of any problems. If another squad car is available with a working in -car recording device officers shall utilize that vehicle for their watch. In-car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the ® record button 4. manual activation by activating a synched BWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety-including when the citation is being written. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that their top priority is safety. In addition to traffic stops, officers shall manually activate their recording equipment on calls for service and on self-initiated field activity if it involves an encounter with a person. Officers, if able, shall activate the in-car recorder system immediately upon being involved in a motor vehicle crash. It is recommended that officers consider activating the in-car recorder system when responding to calls-for-service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department by one of the OWI or interview room cameras the BWC and in-car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in-car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in-car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. Officers can choose from the list below in the vehicle when classifying a video. OPS-12.4 Video Classifications Retention Length 1-equipment check 365 days 2-No CFS 365 days 3- Parking/motorist assist 365 days 4- Warning 365 days 5- CFS / no report 365 days 6- Accident 365 days 7- OWI 730 days 8-CFS / Report 365 days 9- Citation 365 days 10- Use of Force 730 days 11- Arrest 730 days 12- Robbery 730 days 13- Assault 730 days 14- Domestic 730 days 15- Death Investigation indefinite Upon completion of a recorded event which results in an arrest the Officer shall use the CFS# classification to associate the call for service number associated to the video files. This shall be done by all responding officers. Use of video classification and CFS# entry applies only to events managed with in vehicle recorders. Body Worn Cameras (BWC) BWC’s that are properly synched to an in-car device will automatically start when the in-car recorder is activated. The BWC will also start an in-car recorder when initiating a recording. All patrol cars shall be equipped with an auxilia ry charging device for the BWC. When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so . Additionally, officers shall activate the BWC at the initiation of any other law enforcement action, including parking enforcement even if there is no interaction with the public, or investigative encounter between a police officer and the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds and any encounter that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal . Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as coope rating with the police. Officers’ may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood OPS-12.5 residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed to ensure the integrity of the recording unless the contact moves into an a rea restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC when there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OWI investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been acti vated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the OWI and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was no t made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the inter ruption shall be sufficient documentation. If an officer’s BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. OPS-12.6 Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel . Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment failure or malfunctions shall be brought to the attention of the employee’s supervisor as soon as possible so that a replacement unit may be procured. A radio log shall be made indicating that the camera is not functioning when it is first known. Employees must report back to the station for a replacement unless unable to because of an emergent call for service. If an employee is unable to come back to the station for a replacement due to an emergent situation then every attempt should be made to have a backup officer on scene with a working camera. The BWC shall be worn on the officer’s chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In-car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. OPS-12.7 Restrictions on Using the In-car Recorder or BWC In-car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: • Encounters with undercover officers or confidential informant s. • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers’ official duties and with an articulable reason, officers will not use the in-car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Record After-The-Fact The new recording system has the capability of running in a continuous record, However, this feature has been disabled on the body worn devices, the only time any recording will be captured on a body worn device is when the recording is activated by the front button, or when initiated by a synched in car recording device. This is to maintain a level of privacy for those wearing body worn devices and to prevent excessive drain on battery life. If at some point this feature is to be used it will be by directive of the Chief of Police and appropriate notification will be sent to all users prior to the change. Record after the fact will be functional and running on all patrol vehicle recorders, this will be used in case of major incident or investigation that has cause to believe the patrol vehicle may have been in an area and captured footage o f an event or pre/post event footage when a car recorder was not in the record state. Officers should be aware that all patrol vehicle records have this feature and are always in record state, however only videos that are event initiated are ever exported to the system for playback. Any video captured after the fact, as well as the 1 min pre-record on all videos, have no audio associated with them as it is only video playback. If a recording of value is found on a recorder it can be changed to an event a nd exported to the system for saving and further viewing. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in-car recorder or BWC identifier, and assigned officer. OPS-12.8 All images and sounds recorded by the in-car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non-law enforcement purposes is strictly prohibited. All access to in-car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. VIDEO RETENTION Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recor dings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention a disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS - Supervisors will have access to view all videos. - Investigation users have view only access to all videos. - All officers will have access to view their own video and recordings from the intox area. SUPERVISOR RESPONSIBILITIES Supervisors shall review in-car and BWC recordings for all involved employees for use of force incidents and complaints. Documentation of these reviews will be logged on the prescribed form (Appendix A). Supervisors that discover an incident where an in-car or BWC recording device was not activated or improperly shut off shall complete a report of inquiry form (ROI) and forward to the captain of field operations. The supervisor sh all include if there was sufficient time for the activation of a device. If an in-car or BWC recording was not activated where there was sufficient time to do so or improperly shut off a report of inquiry shall be completed and forwarded to command staff for review. On a monthly basis, supervisors will review at least one in-car and one BWC recording of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. Where possible video review should be of the same incident to ensure the system is synching as it is designed. By the 15th of each month each Watch Commander, Lieutenant of Investigations and Animal Control OPS-12.9 Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A) from the previous month. COMMAND STAFF RESPONSIBILITIES The captain of field operations shall maintain a record of incidents where employees did not activate an in-car or BWC recording device or improperly shut off a recording device in violation of this policy and monitor for repeats from the same employee. By March 1st of each year the captain of field operations will submit an annual report to the city manager’s office and Community Police Review Board from the previous year on compliance with this general order. This report should contain summary of the results of the monthly supervisory checks, Use of Force checks and all checks generated from internal affairs investigations. Media Card Control Normally, video for the in-car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In-car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities. VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will be responsible for dissemination of the cloud sh are link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed OPS-12.10 from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. DISCIPLINE Any employee who violates this policy will be subject to discipline as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. Any employee found to intentionally turn off or disable an in-car recording device or body camera when their use is required will be subject to suspension or termination as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa C ity and the Police Labor Relations Organization of Iowa City allow. Denise Brotherton, Interim Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sancti ons. Item Number: 7. S eptember 10, 2020 Memo from City Manag er: Resol u tion 20-159: Mil itary G rad e Equip ment AT TAC HM E NT S: D escription Memo from C ity Manager: R esolution 20-159: Military Grade Equipment Item Number: 8. S eptember 10, 2020 Memo from Assistant City Engin eer & City Engin eer: 2020 Capital Improvemen t Proj ects - Constru ction S tatus Up d ate AT TAC HM E NT S: D escription Memo from A ssistant C ity Engineer & City E ngineer: 2020 Capital I mprovement Projects - C onstruction S tatus Update Item Number: 9. S eptember 10, 2020 Memo from P arks & Recreation Director: P ark Proj ect Up d ates AT TAC HM E NT S: D escription Memo from P arks & R ecreation D irector: P ark P roject Updates Item Number : 10. S eptember 10, 2020 Memo from City Cl erk: Taxicab Reg u l ation s AT TAC HM E NT S: D escription Memo from C ity C lerk: Taxicab Regulations Item Number: 11. S eptember 10, 2020 Memo fro m C limate Ac tion C oordinator: 2019 G reenhous e G as Invento ry Update AT TAC HM E NT S: D escription Memo from C limate A ction C oordinator: 2019 Greenhouse Gas I nventory Update Date: September 10, 2020 To: Ashley Monroe, Assistant City Manager From: Brenda Nations, Climate Action Coordinator Re: 2019 Greenhouse Gas Inventory Update An annual greenhouse gas inventory for the Iowa City community was recently completed by staff for the 2019 calendar year. This year’s report shows progress towards the City Council’s climate action goals. The inventory is completed every fall for the previous year as soon as all the data is available. Community-wide greenhouse gas emissions decreased in 2019, bringing a total emissions decrease of 33% from the baseline year of 2010. The City’s current target goal is to reach a decrease of 45% by 2030. The emissions reduction seen in the 2019 report is primarily due to the increase in MidAmerican Energy’s renewable electricity portfolio and the University of Iowa’s Power Plant reducing use of coal. In 2019 total per capita emissions were 12.2 metric tonnes. This is the lowest emission levels we have calculated since 2010 when per capita emissions were calculated to be 20.3 CO 2 e metric tonnes per person. Although progress has been made towards the Council’s goal of decreasing emissions 45% by 2030, concentrated effort still must be made to reach the longer- term goal of net zero by 2050. Best practices say “sustainable limits” are estimated to be 2.0 tonnes per capita, requiring a further reduction of nearly 10 metric tonnes per person. It is also important to note areas where there have been emission increases. Since 2010, emissions from transportation has risen 12% and emissions from waste have increased by 17%. Extra effort may be required to reverse these trends in order to achieve the overall emission reduction goals. September 10, 2020 Page 2 MidAmerican Energy has made a public commitment to increase renewable energy for electricity to be 100% for Iowa customers, which will contribute to further emissions reductions for Iowa City. Regardless, the community will still have to commit to the effort to reduce use of natural gas for building heat, fossil fuel use in vehicles, and generation of waste, in order to meet target reduction goals. Staff continues to work on the projects identified in the “Accelerating Iowa City’s Climate Actions” report. Of the 65 actions outlined in the report, 27 are already in development or underway since the report was finalized last November. Another 9 projects are in development or soon to be underway before the end of 2020. The actions in the Climate Action and Adaptation Plan and those listed in Accelerating Iowa City’s Climate Actions will ensure that we continue our trajectory to meet the Council’s reduction goals on or ahead of schedule. The latest report update, along with other climate action data can be found at www.icgov.org/climateaction. Item Number : 12. S eptember 10, 2020 Email from Cou ncil Memb er Su san Mims: O pin ion p iece AT TAC HM E NT S: D escription Email from C ouncil Member S usan Mims: O pinion piece Item Number : 13. S eptember 10, 2020 Press Rel ease: Council Listen in g P osts AT TAC HM E NT S: D escription Press Release: Council L istening Posts Item Number : 14. S eptember 10, 2020 Au g u st 2020 Bar Check Rep ort AT TAC HM E NT S: D escription August 2020 B ar C heck R eport Item Number : 15. S eptember 10, 2020 Civil Service E xamination: Main ten an ce Worker I - S treets AT TAC HM E NT S: D escription C ivil S ervice E xamination: Maintenance Worker I - Streets Item Number : 16. S eptember 10, 2020 Hu man Rig h ts Commission : Ju l y 21 AT TAC HM E NT S: D escription Human Rights C ommission: J uly 21 Item Number : 17. S eptember 10, 2020 Hu man Rig h ts Commission : Ju l y 28 AT TAC HM E NT S: D escription Human Rights C ommission: J uly 28 Item Number : 18. S eptember 10, 2020 Hu man Rig h ts Commission : Au g u st 18 AT TAC HM E NT S: D escription Human Rights C ommission: August 18