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2013-03-07 Info Packet1 � - •�a.a4_ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET MISCELLANEOUS IP1 Council Tentative Meeting Schedule IP2 Ad Hoc Advisory Committee Report to the City Council March 2013 March 7, 2013 IP3 Memo from Assistant to the City Manager: State of Iowa Disproportionate Minority Contact Report to Johnson County Officials IP4 Memo from Planning & Community Development Director and Community Development Coordinator: Follow up to workforce housing discussion City Council Work Session IP5 Article from City Manager: An Expert Artist Leaves Her Drawings Behind IP6 Information from City Manager: White House estimates of state -by -state impacts of sequestration IP7 Notice of Funding Opportunity — Housing Trust Fund Accepting Applications DRAFT MINUTES IP8 Planning and Zoning Commission: February 21 (formal) City Council Tentative Meeting Schedule IP1 '� March 7, 2013 CITY OF IOWA CITY Subject to change Date Time Meeting Location gill 411`11� . „i p F ?5�r ��N ... 4 �'I �I�����I� a ` "� � .. r Ii ,.!�_ a ( i,,. Nt �,, �[� ^�) �I'.".,� si�i��!�i� iii I U� ! I „gs't••..�� j � �S. i i �� _ ... �i i it I aUI I _ #FI N h�� "a� ,a.,, v i ,i _.... Tuesday, March 19, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall Tuesday, March 19, 2013 7:00 PM Formal Meeting Emma J. Harvat Hall r i�il�i) "Kil ` `;�. 6' 'il; l i� � "I 4�� it ) sill; �.� (� 3 .r, (J �IIIIJ .Ii �) dii I�ilP ii �i4) =: m (.411! J:�� , �{ ii =�,I� --—€II t..i �i i!�I iI i Tuesday, April 9, 2013 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall Tuesday, April 23, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J. Harvat Hall i�ii if;i!! Ian IP I,SR'r �ii') .� (. r,!„ INi� rx ir� .v-i7 a it �� �� J ii)�61r ''�",d '�:6� III! �i ' �`i �-) " &.�I!I! a.t a;i aV !II Tuesday, May 14, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Emma J Harvat Hall if =� ate _a!�: till (�li i� J !�i di ill ilt!Ilplai Ill ii e`:`., s,v �t�' I:.. il._ Tuesday, June 4, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Tuesday, June 18, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J Harvat Hall 4 Irh i ,�; (�L Al l PJj "i�>h�­� iPt r,i � Tuesday, July 23, 2013 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall DIVERSITY COMMITTEE REPORT TO THE CITY COUNCIL March 2013 TABLE OF CONTENTS Page I. Background .................................. ............................... 1 II. Introduction and Recommendations for Law Enforcement ............ 4 (Police & Police Citizens Review Board) III. Introduction and Recommendations for Transportation Services ..... 29 IV. Oversight, Implementation and Further Study ........................... 33 a. Equity Report b. Housing and City Employment c. Public access and updates Page 1 i r 264" 1, !4 Q�P� a � �' ®, d City of In June 2012 the City Council passed Resolution 12 -320 (pages 2 -3) establishing an Ad Hoc Diversity Committee to study City transit and law enforcement operations as they relate to minority populations. Members appointed to the six month Ad Hoc Committee were: Bakhit Bakhit (resigned 1/31/13) Kingsley Botchway, Chair Joe Dan Coulter Donna Henry (resigned 9/17/12) LaTasha Massey (started 9/24/12 replacing Henry) Cindy Roberts Orville Townsend Joan Vanden Berg The City Manager, City Attorney, and City Clerk, or their designees staffed the meetings. Over the course of six months, the Ad Hoc Diversity Committee held 22 Committee meetings. Several public information gathering sessions were held to meet with local community members from diverse backgrounds to discuss and receive feedback about transit and law enforcement operations. November 15, 2012: Iowa City Public Library (Full Committee Meeting) January 8, 2013: Pheasant Ridge Neighborhood Center (Sub- committee) January 9, 2013: West High (Sub- committee) Waterfront Hy -Vee (Sub- committee) January 10, 2013: City High (Sub- committee) The Spot (Sub- committee) 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009 Page 2, Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -320 RESOLUTION ESTABLISHING AN AD HOC DIVERSITYCOMMITTEE TO STUDY CITY OPERATIONS AS THEY RELATE TO MINORITY POPULATIONS WHEREAS, the population of Iowa City is becoming increasingly racially diverse; and WHEREAS, on May 15, 2012, City Council passed a resolution of intent to establish an ad hoc committee to study City operations as they relate to minority populations with a view toward promoting just and harmonious interaction between local government and minority segments of the community (Resolution No. 12 -260). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Ad Hoc Diversity Committee is established. 2. The Diversity Committee shall consist of seven (7) members to be appointed by the City Council. Members of other City boards and commissions may serve on the Diversity Committee. Members must be residents of Iowa City. 3. Applications for membership on the Diversity Committee shall be announced, advertised, and available in the same manner as those for all City boards and commissions. 4. City Council shall select the Chair, who when present will preside over all meetings, and the Vice- Chair, who will serve as chair in absence of the Chair. 5. The City Manager, City Attorney, and City Clerk, or their designees, shall staff the Diversity Committee. 6. The Diversity Committee shall determine the frequency and conduct of its meetings. The meetings will be open to the public in accordance with Chapter 21 of the Iowa Code. 7. The Diversity Committee shall have an organizational meeting no later than September 10, 2012. 8. The charges of the Diversity Committee are as follows: A. To study the operation of the City's transit system, including but not limited to the downtown interchange, as it relates to minority populations with a view toward promoting just and harmonious interaction between City government and minority segments of the community. B. To study the operations of City law enforcement, including but not limited to the Police Citizen Review Board (PCRB), as it relates to minority populations with a view toward promoting just and harmonious interaction between City government and minority segments of the community. Resolution No. 12 -320 Page 3 9. The Diversity Committee shall submit a written report to the City Council by March 10, 2013, that responds to each of the charges listed above and that contains recommendations, if any, with respect to each of the charges. 10. Absent further action by the City Council, the Diversity Committee will dissolve on March 10, 2013. Passed and approved this 19th day of . .Tune 2012. A �'d w MAYOR ATTEST: CITY 66ERK tZ6),_ 613-11), City Attorneys Office Page 4 Police Citizens Review Board and Law Enforcement Introduction / Needs Assessment (3 -1 -13) As a result of the input received at public information gathering sessions, a public forum, and Committee meetings the following themes emerged: 1. Lack of awareness and faith in the Police Citizen Review Board The majority of citizens participating in the community sessions had never heard of the Police Citizen Review Board (PCRB). The few number of community members who did know about the PCRB felt it was ineffective and lacking in fairness. 2. The importance of relationship - building and "customer service." At public information gathering sessions, we consistently received extremely positive comments regarding the Iowa City Police Department's Community Relations officer. (e.g. "He knows us." "He gives us good advice." "He understands. ") Students gave additional examples of other officers who smiled and said "hi" to them. Students noted how they appreciated when officers know their names. However, students also cited examples of officers who "just look at you like you are about to do something bad" and felt that some officers assumed the worst of them without knowing who they are. Community members also commented that they would like to have an opportunity to visit with police officers directly, and they like to see officers at neighborhood gatherings. 3. Participants in the public information gathering sessions shared multiple concerns about a lack of consistency of how officers carried out police policies. Comments shared with the Committee included the following: ➢ Two young ladies indicated that they were stopped by a police officer. They stated that the police officer approached the car and began asking them questions; at one point the officer asked if they had drugs in the car. The young ladies asked the officer why they had been stopped and he indicated that the license plate light was not working. Both young ladies questioned if it was standard procedure for an officer to inquire if they had drugs in the car when the stop was based on a malfunctioning license plate light. They also questioned if it was appropriate for the officer to not inform them of the reason of why he stopped the car. ➢ It was reported that multiple squad cars frequently respond to calls made to a minority communities member's home for minor incidents. ➢ Similarly, they observed that additional police officers are often called in for traffic stops. A gentleman who does not speak English shared that he was pulled over for a traffic stop. The officer called for an interpreter, but additional officers were also called to the scene. It was questioned whether additional back -up was needed just because a translator was needed. ➢ At one of the student group sessions, a student shared a story of how an officer used unnecessary force with an African - American student after a party had been shut down. The student wasn't doing anything and the police officer got rough, and wrestled the student to the ground. Page 5 4. Lack of community understanding of rights and responsibilities. Questions from the community were asked about how our law enforcement system works here. ➢ What are their rights? ➢ What are their responsibilities? ➢ How are fines determined? Participants at the forums stated that they would appreciate more opportunities to learn about how the Iowa City law enforcement system works. Page 6 I. Recommendations for the Police Citizen Review Board A. Issue: The majority of citizens participating in the community forums were unaware of the Police Citizen Review Board. Recommendation: Increase Public Awareness of the Police Citizen Review Board and the process by which to file a complaint. 1. Distribute literature regarding the Police Citizen Review Board in the community so that information is readily available to the public. 2. Prepare a video to be shown to a variety of local organizations and on the City Cable Channel. 3. Increase police officer involvement in community activities to share information about Police Citizen Review Board. B. Issue: Of those who had heard of the Police Citizen Review Board, a major area of concern was that the current system is structured so that the police department is policing itself. The high level of public suspicion related to the Police Citizen Review Board is such that many citizens feel that if they participate in process the outcome will prove disadvantageous to them. Recommendations: The Committee proposes the following changes in the process and procedure for the Police Citizen Review Board to address the issue of public distrust. 1. The person filing the complaint will have the option of requesting that a member from the Police Citizen Review Board participate in the complainant's interview with the police department. (See recommendation # 3 from PCRB) 2. It is recommended that the Human Rights Coordinator serve as an advocate and provide education about the process. Once a complaint has been received, the Human Rights Coordinator will be informed and will send a letter to the person filing the complaint to offer support through the process. The Human Rights Coordinator will be available to address any questions or concerns that the individual may have and will extend an invitation to participate in the complainant's interview with the police department. 3. It is recommended that the City Manager participate in the interview with the police department and officer in question. 4. The complainant will be offered an exit survey. 5. Terms for the Police Citizen Review Board should be limited to two four -year terms. Page 7 6. It is recommended that the performance of the Police Citizen Review Board be reviewed and evaluated one year after changes have been implemented. Citizen involvement will be critical to the process; this could be accomplished through a committee appointed by City Council or Council designee. If at that time it is felt that there are still problems and that the process isn't working, it is recommended that the Police Citizens Review Board be eliminated. It is further recommended that if the City Council chooses to create a new system, that the advisory group include members from the minority communities, and that public information sessions such as focus groups be involved in the process. Committee Response to the Pending Recommendations to Council from the Police Citizen's Review Board: 1. To change the name to Citizens Police Review Board (June 12 2012) - It is recommended that the name be changed to the Citizens Police Review Board. 2. To remove the language regarding Formal Mediation within the City Code and from the Standard Operating Procedures. (June 12 2012) - It is recommended that the language regarding Formal Mediation within the City Code and the Standard Operating Procedures be removed. 3. To offer as an option, the ability for a Board member to accompany the complainant during the Police investigation interview process for a PCRB complaint at the complainant's request (June 12, 2012) — It is recommended the person filing the complaint be given the option of requesting that a member from the Police Citizen Review Board participate in the complainant's interview with the police department. 4. To change the Board's 45 -day reporting period to 90 -days (October 9 2012) - It is recommended that no changes be made at this time regarding the 45 day reporting period. The recommended changes in procedures may impact the time needed to process a complaint. Page 8 II. Recommendations for the Iowa City Police Department A. Issue After receiving comments from the public, it is the belief of the Committee that the police department is currently functioning under a "control and monitor" approach to dealing with our minority citizens, which has led to mutual feelings of distrust. A publication from the National Institute of Justice on Police Integrity dated January 10, 2013. (pages 11 -12) states the following: "Current research finds that the management and culture of a department are the most important factors influencing police behavior. How the department is managed will dramatically affect how officers behave toward citizens. And how officers behave toward citizens will affect whether citizens view law enforcement as an institution with integrity. Organizations that place priorities in the following areas will do better at maintaining integrity: Accountability of managers and supervisors Equal treatment for all members of the organization Citizen accessibility to the department Inspections and audits Quality education for employees. Defining values and principles and incorporating them into every facet of operations may be more important than hiring decisions. Diligence in detecting and addressing misconduct will show officers that managers practice what they preach." Recommendations Changes need to be made in the department to create a more positive culture that focuses on a "protect and serve" approach. 1. Replace the recruitment video The Committee reviewed the Police Department's Recruitment video and believes that it is a reflection of the current culture in our police department, which is leading to much of the public's concerns about negative treatment. It is recommended that the current recruitment video be removed from the website and that a new video that emphasizes a public service be created. More importantly, the culture underlying the video needs to be changed to one that is more of "protect and serve" 2. Encourage more relationship- building activities with the police officers and members of the public Chief Hargadine shared with the Committee a list of outreach activities in which his officers were currently participating. Most of the activities listed were committees, and not community meetings that were open to the general public. It is our recommendation that the police officers be more positively engaged in all parts of the Iowa City community, but especially in the minority communities. This can be accomplished by participation in community and neighborhood events, but also through the day -to -day interactions with individual community members. During the meeting with students at a high school several students stated that they would like police officers to be more friendly and talk with them. The expectation should be clear to all officers that they are to provide good customer service to all members of the community -- which includes greeting all citizens in a friendly manner, respectfully sharing information and using all contacts with the public as an opportunity to develop relationships and build trust. Page 9 3. Research the viability of restructuring the Police Department to adopt a Community Policing model. Attached is a description from the US Department of Justice on the key principles of a Community Policing Program. Community Policing is more than a single program or a Community Relations Officer; it is the transformation of a traditional police department. Police departments who adopt a community policing model, transform from being a closed system, designed to react to crime to an open and proactive department designed to prevent crime. It is recommended that the City of Iowa City continue to research the viability of the Police Department receiving additional training and administrative support to adopt a Community Policing approach. B. Issue: There is a lack of mutual understanding between some police officers and members of the minority communities. Recommendations for officer education: 1. All Police Officers need to receive information / education so that they are less likely to make assumptions regarding our minority populations. 2. During the public meeting two young ladies shared that a police officer stopped them. He approached their car and began asking questions. At one point he asked if they had drugs in the car. They replied "no" and then asked why he stopped them. He stated that the license plate light wasn't working. It is questionable that this is standard department procedures and it is recommended there be more training and accountability to assure that procedures are followed. Officers need to handle situations consistently for all community members. This expectation needs to be clearly communicated and officer behavior needs to monitored. Recommendations for Community Education 1. Additional education and information needs to be provided to members of the minority communities for them to gain an understanding of their rights and responsibilities. Information - sharing and outreach is particularly important for people who are new to our community. 2. Strengthen community partnerships with community and neighborhood organizations to provide education opportunities, disseminate information. 3. Develop partnerships with the schools and community youth groups to implement a Police Cadet Program, which introduces youth to the field of law enforcement. This will not only help young people gain an understanding of police work, but would also be an opportunity for minority youth to become interested in the field of law enforcement, a "grow your own" strategy to get more diversity on the police force. C. Issue: Data that reflects what is happening in the Iowa City Police Department with our minority population is not being collected or shared in a meaningful manner. Recommendation: See "Oversight, Implementation, and Further Study" Section III Page 10 Committee Response to the Pending Recommendations to Council from the Human Rights Commission: The Human Rights Commission recommends to the Iowa City City Council that a committee be established to review the Police Citizen Review Board. That committee can be compromised of city staff, councilors or community members, but must contain at least one human rights commissioner. The review board would investigate the strengths and challenges of the current Police Citizen Review Board model and consider whether it is the right model for the city. In reviewing the strengths and the challenges of the current Police Citizen Review Board, the review committee would determine whether the current structure best serves the city. (March 20, 2012) — NO ACTION 2. The Human Rights Commission would support the City in pursuing a municipal issued identification card, implemented in a manner to protect the safety of undocumented persons. (December 18, 2012) - SUPPORT (pages 13 -28) Police Integrity I National Institute of Justice Page 11 U.S. Department of Justice, Office of Justice Programs National Institute of Justice The Research, Development, and Evaluation Agency of the U.S. Department of Justice Police Integrity On this page find: • Overview of Integrity • Management and Culture Affect Integrity • How to Improve Integrity Overview of Integrity A police force with integrity is one with little or no misconduct or corruption. In the past, most studies viewed the problem of misconduct as one of individual problem officers, the so- called bad apples on the force. More recent studies show that whites generally see misconduct as episodic and confined to individual officers, while blacks tend to see misconduct as a more entrenched aspect of policing.i i Management and Culture Affect Integrity Current research finds that the management and culture of a department are the most important factors influencing police behavior.121 How the department is managed will dramatically affect how officers behave toward citizens. And how officers behave toward citizens will affect whether citizens view law enforcement as an institution with integrity. Organizations that place priorities in the following areas will do better at maintaining integrity 131: • Accountability of managers and supervisors • Equal treatment for all members of the organization • Citizen accessibility to the department • Inspections and audits • Quality education for employees Defining values and principles and incorporating them into every facet of operations may be more important than hiring decisions. Diligence in detecting and addressing misconduct will show officers that managers practice what they preach. How to Improve Integrity Findings from a study of 3,235 officers from 30 mostly municipal law enforcement agencies reveal the following recommendations for police managersta : • Address and discipline minor offenses so officers learn that major offenses will be disciplined too. • Open the disciplinary process to public scrutiny. • Rotate officer assignments to discourage the formation of bonds that lead officers to cover up the misconduct of others. Many departments are improving integrity and raising the standards for officers by taking the following steps: • Improving the way they hire and train officers in ethics and cultural awareness. • Collecting data to track traffic stops and other encounters with citizens. http:// www. nij. gov/ nij/ topics /law- enforcement /legitimacy /integrity.htm 3/5/2013 Police Integrity I National Institute of Justice Page 12 • Soliciting community input through citizen review boards, ombudsmen or community problem - solving initiatives. Learn more from Enhancing Police Integrity (pdf, 16 pages) by Carl B. Mockers et al. 2005. Learn more from Principles for Promoting Police Integrity (pdf, 45 pages) a report from the U.S. Department of Justice, 2001. Back to: Law Enforcement: Race, Trust and Legitimacy. Notes i i1 Weitzer, Ronald, and Steven A. Tuch, "Race and Perceptions of Police Misconduct," Social Problems 51 (August 2004): 305 -325. 121 Fridell, Lorie, Robert Lunney, Drew Diamond, and Bruce Kubu, Racially Biased Policing: A Principled Response (pdf, 175 pages), Washington, D.C.: Police Executive Research Forum, 2001, Exit Notice [3] Gaffigan, Steven J., and Phyllis P. McDonald, eds., Police Integrity: Public Service With Honor (pdf, 103 pages), Washington, D.C.: U.S. Department of Justice, National Institute of Justice, January 1997, NCJ 163811. 141 Klockars, Carl B., Sanja Kutnjak Ivkovich, and Maria R. Haberfeld, Enhancing Police Integrity (pdf, 16 pages), NIJ Research in Brief, Washington, D.C.: U.S. Department of Justice, National Institute of Justice, December 2005, NO 209269. Date Created: January 10, 1013 http: / /www.nij.gov /nij/ topics / law - enforcement /legitimacy /integrity.htm 3/5/2013 Page 14 The Primary Elements of Community Policing Other Government Agencies Community Members/Groups Organizational Problem Transformation Solving Personnel Community policing is comprised of three key components: Community Partnerships Collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to develop solutions to problems and increase trust in police. Organizational Transformation The alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving. Problem Solving The process of engaging in the proactive and systematic examination of identified problems to develop and evaluate effective responses. Other Government Agencies Community Members /Groups Nonprofits /Service Providers Private Businesses Media Page 16 Community Partnerships Collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to develop solutions to problems and increase trust in police. Community policing, recognizing that police rarely can solve public safety problems alone, encourages interactive partnerships with relevant stakeholders. The range of potential partners is large and these partnerships can be used to accomplish the two interrelated goals of developing solutions to problems through collaborative problem solving and improving public trust. The public should play a role in prioritizing and addressing public safety problems. Other Government Agencies Law enforcement organizations can partner with a number of other government agencies to identify community concerns and offer alternative solutions. Examples of agencies include legislative bodies, prosecutors, probation and parole, public works departments, neighboring law enforcement agencies, health and human services, child support services, ordinance enforcement, and schools. Community Members /Groups Individuals who live, work, or otherwise have an interest in the community— volunteers, activists, formal and informal community leaders, residents, visitors and tourists, and commuters —are a valuable resource for identifying community concerns. These factions of the community can be engaged in achieving specific goals at town hall meetings, neighborhood association meetings, decentralized offices /storefronts in the community, and team beat assignments. Nonprofits /Service Providers Advocacy and community-based organizations that provide services to the community and advocate on its behalf can be powerful partners. These groups often work with or are composed of individuals who share common interests and can include such entities as victims groups, service clubs, support groups, issue groups, advocacy groups, community development corporations, and the faith community. Private Businesses Media For -profit businesses also have a great stake in the health of the community and can be key partners because they often bring considerable resources to bear in addressing problems of mutual concern. Businesses can help identify problems and provide resources for responses, often including their own security technology and community outreach. The local chamber of commerce and visitor centers can also assist in disseminating information about police and business partnerships and initiatives, and crime prevention practices. The media represent a powerful mechanism by which to communicate with the community. They can assist with publicizing community concerns and available solutions, such as services from government or community agencies or new laws or codes that will be enforced. In addition, the media can have a significant impact on public perceptions of the police, crime problems, and fear of crime. Page 17 Organizational Transformation Page 18 Agency Management • Climate and culture • Leadership • Labor relations • Decision - making • Strategic planning • Policies • Organizational evaluations • Transparency Organizational Structure • Geographic assignment of officers • Despecialization • Resources and finances Personnel • Recruitment, hiring, and selection • Personnel supervision/ evaluations • Training Information Systems (Technology) • Communication /access to data • Quality and accuracy of data The alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving. The community policing philosophy focuses on the way that departments are organized and managed and how the infrastructure can be changed to support the philosophical shift behind community policing. It encourages the application of modern management practices to increase efficiency and effectiveness. Community policing emphasizes changes in organizational structures to institutionalize its adoption and infuse it throughout the entire department, including the way it is managed and organized, its personnel, and its technology. Agency Management Under the community policing model, police management infuses community policing ideals throughout the agency by making a number of critical changes in climate and culture, leadership, formal labor relations, decentralized decision - making and accountability, strategic planning, policing and procedures, organizational evaluations, and increased transparency. Climate and caltare Changing the climate and culture means supporting a proactive orientation that values systematic problem solving and partnerships. Formal organizational changes should support the informal networks and communication that take place within agencies to support this orientation. Leadership Leaders serve as role models for taking risks and building collaborative relationships to implement community policing and they use their position to influence and educate others about it. Leaders, therefore, must constantly emphasize and reinforce community policin& vision, values, and mission within their organization and support and articulate a commitment to community policing as the predominant way of doing business. Labor relations If community policing is going to be effective, police unions and similar forms of organized labor must be a part of the process and function as partners in the adoption of the community policing philosophy. Including labor groups in agency changes can ensure support for the changes that are imperative to community policing implementation. Decision- making Community policing calls for decentralization both in command structure and decision - making. Decentralized decision - making allows front -line officers to take responsibility for their role in community policing. When an officer is able to create solutions to problems and take risks, he or she ultimately feels accountable for those solutions and assumes a greater responsibility for the well -being of the community. Decentralized decision- making involves flattening the hierarchy of the agency, increasing tolerance for risk - taking in Page 19 Page 20 problem - solving efforts, and allowing officers discretion in handling calls. In addition, providing sufficient authority to coordinate various resources to attack a problem and allowing officers the autonomy to establish relationships with the community will help define problems and develop possible solutions. Strategic planning The department should have a written statement reflecting a department- wide commitment to community policing and a plan that matches operational needs to available resources and expertise. If a strategic plan is to have value, the members of the organization should be well- versed in it and be able to give examples of their efforts that support the plan. Components such as the organizations mission and values statement should be simple and communicated widely. Policies Community policing affects the nature and development of department policies and procedures to ensure that community policing principles and practices have an effect on activities on the street. Problem solving and partnerships, therefore, should become institutionalized in policies, along with corresponding sets of procedures, where appropriate. Organizational evaluations In addition to the typical measures of police performance (arrests, response times, tickets issued, and crime rates) community policing calls for a broadening of police outcome measures to include such things as greater community satisfaction, less fear of crime, the alleviation of problems, and improvement in quality of life. Community policing calls for a more sophisticated approach to evaluation —one that looks at how feedback information is used, not only how outcomes are measured. Transparency Community policing involves decision - making processes that are more open than traditional policing. If the community is to be a full partner, the department needs mechanisms for readily sharing relevant information on crime and social disorder problems and police operations with the community. Organizational Structure It is important that the organizational structure of the agency ensures that local patrol officers have decision - making authority and are accountable for their actions. This can be achieved through long -term assignments, the development of officers who are generalists, and using special units appropriately. Geographic assignment of officers With community policing, there is a shift to the long -term assignment of officers to specific neighborhoods or areas. Geographic deployment plans can help enhance customer service and facilitate more contact between police and citizens, thus establishing a strong relationship and mutual accountability. Beat boundaries should correspond to neighborhood boundaries and other government services should recognize these boundaries when coordinating government public- service activities. Despecialization To achieve community policing goals, officers have to be able to handle multiple responsibilities and take a team approach to collaborative problem solving and partnering with the community. Community policing encourages its adoption agency-wide, not just by special units, although there may be a need for some specialist units that are tasked with identifying and solving particularly complex problems or managing complex partnerships. Resources and finances Agencies have to devote the necessary human and financial resources to support community policing to ensure that problem - solving efforts are robust and that partnerships are sustained and effective. Personnel The principles of community policing need to be infused throughout the entire personnel system of an agency including recruitment, hiring, selection, and retention of all law enforcement agency staff, from sworn officers to civilians and volunteers. Personnel evaluations, supervision, and training must also be aligned with the agencies' community policing views. Page 21 Recruitment, hiring, and selection Page 22 Agencies need a systematic means of incorporating community policing elements into their recruitment, selection, and hiring processes. Job descriptions should recognize community policing and problem- solving responsibilities and encourage the recruitment of officers who have a "spirit of service, instead of only a "spirit of adventure:' A community policing agency also has to thoughtfully examine where it is seeking recruits, whom it is recruiting and hiring, and what is being tested. Agencies are also encouraged to seek community involvement in this process through the identification of competencies and participation in review boards. Personnel supervision /evaluations Supervisors must tie performance evaluations to community policing principles and activities that are incorporated into job descriptions. Performance, reward, and promotional procedures should support sound problem- solving activities, proactive policing, community collaboration, and citizen satisfaction with police services. Training Training at all levels — academy, field, and in- service —must support community policing principles and tactics. It also needs to encourage creative thinking, a proactive orientation, communication and analytical skills, and techniques for dealing with quality-of -life concerns and maintaining order. Officers can be trained to identify and correct conditions that could lead to crime, raise public awareness, and engage the community in finding solutions to problems. Field training officers and supervisors need to learn how to encourage problem solving and help officers learn from other problem - solving initiatives. Until community policing is institutionalized in the organization, training in its fundamental principles will need to take place regularly. Information Systems (Technology) Community policing is information- intensive and technology plays a central role in helping to provide ready access to quality information. Accurate and timely information makes problem - solving efforts more effective and ensures that officers are informed about the crime and community conditions of their beat. In addition, technological enhancements can greatly assist with Page 23 improving two -way communication with citizens and in developing agency accountability systems and performance outcome measures. Communication /access to data Technology provides agencies with an important forum by which to communicate externally with the public and internally with their own staff, To communicate with the public, community policing encourages agencies to develop two -way communication systems through the Internet that allow for online reports, reverse 911 and e-mail alerts, discussion forums, and feedback on interactive applications (surveys, maps), thereby creating ongoing dialogues and increasing transparency. Technology encourages effective internal communication through memoranda, reports, newsletters, e-mail and enhanced incident reporting, dispatch functions, and communications interoperability with other entities for more efficient operations. Community policing also encourages the use of technology to develop accountability and performance measurement systems that are timely and contain accurate metrics and a broad array of measures and information. Community policing encourages the use of technology to provide officers with ready access to timely information on crime and community characteristics within their beats, either through laptop computers in their patrol cars or through personal data devices. In addition, technology can support crime/ problem analysis functions by enabling agencies to gather more detailed information about offenders, victims, crime locations, and quality-of -life concerns, and to further enhance analysis. Quality and accuracy of data Information is only as good as its source and, therefore, it is not useful if it is of questionable quality and accuracy. Community policing encourages agencies to put safeguards in place to ensure that information from various sources is collected in a systematic fashion and entered into central systems that are linked to one another and checked for accuracy so that it can be used effectively for strategic planning, problem solving, and performance measurement. Page 24 Problem Solving The process of engaging in the proactive and systematic examination of identified problems to develop and evaluate effective responses. Community policing emphasizes proactive problem solving in a systematic and routine fashion. Rather than responding to crime only after it occurs, community policing encourages agencies to proactively develop solutions to the immediate underlying conditions contributing to public safety problems. Problem solving must be infused into all police operations and guide decision - making efforts. Agencies are encouraged to think innovatively about their responses and view malting arrests as only one of a wide array of potential responses. A major conceptual vehicle for helping officers to think about problem solving in a structured and disciplined way is the SARA (Scanning. Analysis, Response, and Assessment) problem - solving model. Scanning: Identifying and prioritizing problems Analysis: Researching what is known about the problem Response: Developing solutions to bring about lasting reductions in the number and extent of problems Assessment: Evaluating the success of the responses Using the crime triangle to focus on immediate conditions (victim /offender /location) Scanning: Identifying and prioritizing problems The objectives of scanning are to identify a basic problem, determine the nature of that problem, determine the scope of seriousness of the problem, and establish baseline measures. An inclusive list of stakeholders for the selected problem is typically identified in this phase. A problem can be thought of as two or more incidents similar in one or more ways and that is of concern to the police and the community. Problems can be a type of behavior, a place, a person or persons, a special event or rime, or a combination of any of these. The police, with input from the community, should identify and prioritize concerns. Analysis: Researching what is known about the problem Analysis is the heart of the problem - solving process. The objectives of analysis are to develop an understanding of the dynamics of the problem, develop an understanding of the limits of current responses, establish correlation, and develop an understanding of cause and effect. As part of the analysis phase, it is important to find out as much as possible about each aspect of the crime triangle by asking Who?, What?, When?, Where ?, How ?, Why?, and Why Note about the victim, offender, and crime location. Response: Developing solutions to bring about lasting reductions in the number and extent of problems The response phase of the SARA model involves developing and implementing strategies to address an identified problem by searching for strategic responses that are both broad and uninhibited. The response should follow logically from the knowledge learned during the analysis and should be tailored to the specific problem. The goals of the response can range from either totally eliminating the problem, substantially reducing the problem, reducing the amount of harm caused by the problem, or improving the quality of community cohesion. Assessment: Evaluating the success of the responses Assessment attempts to determine if the response strategies were successful by understanding if the problem declined and if the response contributed to the decline. This information not only assists the current effort but also gathers data that build knowledge for the future. Strategies and programs can Page 25 Page 26 be assessed for process, outcomes, or both. If the responses implemented are not effective, the information gathered during analysis should be reviewed. New information may have to be collected before new solutions can be developed and tested. The entire process should be viewed as circular rather than linear meaning that additional scanning, analysis, or responses may be required. Using the crime triangle to focus on immediate conditions (victim /offender /location) To understand a problem, many problem solvers have found it useful to visualize links among the victim, offender, and location (the crime triangle) and those factors that could have an impact on them, for example, capable guardians for victims (e.g, security guards, teachers, and neighbors), handlers for offenders (e.g, parents, friends, and probation), and managers for locations (e.g, business merchants, park employees, and motel clerks). Rather than focusing primarily on addressing the root causes of a problem, the police focus on the factors that are within their reach, such as limiting criminal opportunities and access to victims, increasing guardianship, and associating risk with unwanted behavior. Eck, John E.2003. "Police Problems: The Complexity of Problem Theory, Research and Evalmtion"In Johannes Knutsson, ed. Problem- Oriented Policing: From Innovation to Mainstream. Crime Prevention Studies, vol. 15. pp. 79 -114. Mousey, New York; Criminal Justice Press and Devon, U.K.: Willan Publishing. Page 27 About the COPS Office The Office of Community Oriented Policing Services (COPS Office) is the component of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation's state, local, territory, and tribal law enforcement agencies through information and grant resources. Rather than simply responding to crimes once they have been committed, community policing concentrates on preventing crime and eliminating the atmosphere of fear it creates. Earning the trust of the community and making those individuals stakeholders in their own safety enables law enforcement to better understand and address both the needs of the community and the factors that contribute to crime. COPS Office resources, covering a wide breadth of community policing topics —from school and campus safety to gang violence —are available, at no cost, through its online Resource Information Center at www.cops.usdoj.gov. This easy -to- navigate website is also the grant application portal, providing access to online application forms. r -) COPS U.S. DEPARTMENT 00 JUSTICE U.S. Department of Justice Office of Community Oriented Policing Services 145 N Street, N.E. Washington, DC 20530 To obtain details on COPS Office programs, call the COPS Office Response Center at 800.421.6770. Visit COPS Online at www.cops.usdoj.gov. y. ISBN: 978 -1- 935676 -06 -5 e051229476 August 2012 Page29 Transportation Introduction / Needs Assessment During the course of community information gathering sessions and Committee meetings the Committee repeatedly listened to issues regarding miscommunications between the Iowa City Transportation Department and community members about: • lack of Sunday service • limited Saturday service • difficulty accessing public transit to get to work • rules and regulations while being a passenger • procedures for disruptions • the role of Transit bus drivers in regards to their position when en route Community members and local organizations who serve and work with diverse populations also expressed frustration with: • long bus rides due to lack of information • missing the bus due to time interpretations • delays in riders with cross -town destinations due to the downtown interchange Other concerns such as the cleanliness of high volume bus stops and the lack of community outreach to assist youth and new residents about acceptable rider conduct were mentioned. Page 30 A. Service /schedule Issue: Pursue additional transit needs for certain areas of the community and minority populations as it relates to service and schedule. Recommendation: The Committee proposes the Iowa City Transportation Department work on providing additional transit needs as specified below: 1. Sunday Service options a. Assessing the Free Downtown Shuttle as a potential revenue route to offset additional bus services or researching how to develop a free shuttle service in other areas 2. Expand time on Saturdays 3. Increase start times for weekday services a. Specifically for certain routes that service areas where there are swing shifts such as the Heinz Road Area. We are also suggesting that Transit Services contact management of the business in that area that may be able to assist with surveying the bussing needs of their employees. 4. Public forum input suggested there may be issues with buses leaving a bus stop early. Current transit policy requires drivers not to leave a stop early. The central bus facility uses an atomic clock for the purpose of drivers to sync their clocks /watch. The Transit office is placing a clock at the downtown interchange that syncs with a clock posted on BONGO and the City website. This would allow drivers and riders to routinely sync their watches, etc. with the transit time. The Committee concurs. B. Education Issue: Lack of education about acceptable behavior on public transit and understanding how to use public transit. Recommendation: This Committee recommends the Iowa City Transportation Department look into alternatives to notifying the public about acceptable behavior expectations and procedures. Specifically, the Committee recommends: • Creating a document/pamphlet outlining the procedure followed by the Iowa City Transportation Department when there is an incident on the bus o This information should be displayed on the bus, website, Downtown Interchange, and schools. Create youth liaison by partnering with local schools to find students in leadership roles to help drivers with incident is involving other youth • Youth liaisons can be rewarded with free bus passes and/ or other incentives to help maintain order during school times. • Youth liaisons would be trained in peer mediations and de- escalation techniques and bus safety protocols. Page 31 o Youth liaisons need to be current riders This Committee recommends the Iowa City Transportation Department increases their community outreach efforts. Specifically, the Committee recommends: • Creating a video with local youth /community members that explains how to appropriately use city transit services. The video would address, but is not limited to, the following suggestions: ■ How to understand transit maps /schedules ■ How to understand and use the website ■ Provide access to online language translator ■ How to understand and use BONGO • Providing an interactive informational kiosk at the Downtown Interchange ■ How to understand transit maps /schedules • Connecting with local schools, neighborhood associations, etc. to inform the community on ongoing changes and improvements in transit services. • Iowa City Transportation Department staff participate in ongoing culturally and linguistically appropriate diversity trainings as the community continues to grow. This Committee recommends the Iowa City Transportation Department create a survey addressing current transportation needs of the community. Specifically, the Committee recommends questions assessing: • Community needs for Sunday and extended Saturday service • Community needs for extending service both AM & PM on weekdays • Assessing needs for low- income areas • Broad outreach and publicizing of survey In addition consideration must be made for individuals not being able to access the survey electronically (access to hard copy) and translation needs for different languages and email distribution. Note: This survey needs to be implemented and analyzed in 2013. Subsequent surveys should be completed every two years. All survey results should be accessible to the general public. C. Environment Issue: Improve overall environment of Downtown Interchange and high volume bus stops /shelters. Recommendation: The Committee proposes the Iowa City Transportation Department work on providing additional transit needs as specified below: • Pursue additional seating in downtown interchange • Increase number of shelters • Increase frequency of maintaining bus stops (e.g. litter, overall appearance) D. Communication Issue: Improve communication between other transit services in Iowa City /Coralville vicinity Page 32 Recommendation: The Committee proposes the Iowa City Transportation Department work on providing additional transit needs as specified below: o Establish radio communication with the other transit services in order to provide transfer options o Trip planner to include all local transit services and assist riders to travel throughout the Iowa City /Coralville area o Review current services for streamlining and /or duplication of services with other transit services o Consideration should be given to social and cultural issues when considering structural changes to the transit system Page 33 a. EQUITY REPORT That the City of Iowa City (City), City Manager provide an annual report to the City of Iowa City Council (City Council) and the public concerning the status of law enforcement, public transportation, and other City services or programs as these City services relate to the needs and concerns of the City's racial /ethnic minority, immigrant, juvenile and elderly, disabled, poor, veteran, and other special populations. This annual report of the City Manager shall be called "The City of Iowa City Annual Equity Report" (Report) and shall involve and include the following: 1. The Report format and composition shall be developed by the City Manager in consultation with the City Council, the City of Iowa City Human Rights Commission, and any other committees determined by the City Council. 2. The Report will include the most recent data and information available regarding the Iowa City Police Department: a.) stops and arrests, b.) police calls from schools and action taken, c.) incarcerations, d.) offences /infractions, e.) formal complaints made to or about the Police Department, f.) administrative procedures and practices, e.g. personnel, recruitment, and training, including cultural, linguistic interpretation and communication skills, and performance reviews, g.) community outreach and communication programs and services, h.) other pertinent information. 3. The Report will include the most recent data and information available regarding the Iowa City Transportation Services Department: a) routes, stops, and frequency of service, b.) occupancy/ utilization, c.) coordination with other public transportation services, including public schools d.) users /ridership communication services, e.) use of surveillance technology, f.) disruptions of service, g.) complaints, h.) administrative procedures and practices, e.g. personnel, recruitment, and training, including cultural, linguistic interpretation and communications skills, i.) other pertinent information. 4. The Report data and information (whenever available and aggregated to protect individual /personal identification) shall include: a.) race /ethnicity, b.) citizenship, c.) gender d.) juvenile /adult status or age, e.) disability status, f.) geographical location, g.) socio- economic status, h) veteran status. b. HOUSING AND CITY EMPLOYMENT Comments were received regarding housing and city employment issues not related to the scope of the work of this Committee. c. PUBLIC ACCESS AND UPDATES After adoption of the recommendations by the City Council the recommendations should be available to the public via the City website and timeframes identified for each and progress updates provided to the site. r ;,�, --.ter CITY OF IOWA CITY I - P3 -m "`'�i'� °�oN MEMORANDUM Date: March 6, 2013 To: Tom Markus, City Manager From: Geoff Fruin, Assistant to the City Manager Re: State of Iowa Disproportionate Minority Contact Report to Johnson County Officials On Friday, March 1St 2013 the Iowa City Police Department received the enclosed report entitled "Local Discussions Related to Disproportionate Minority Contact: Report to Johnson County Officials" from the State of Iowa Department of Human Rights Division of Criminal and Juvenile Justice Planning (CJJP). The receipt of this report coincides with the timing of the compilation of the ad -hoc Diversity Committee's final report. The Diversity Committee's final meeting occurred on Monday, March 4th 2013. A final report from the committee will be issued in the coming days and is scheduled to be discussed at the April 9th, 2013 City Council work session. Although their work has concluded, the City Clerk has distributed a copy of this report to members of the Diversity Committee. The CJJP report and the ad -hoc Diversity Committee report have a considerable overlap in scope and both are intended for local government audiences. As such, recommend that the CJJP report be distributed to the City Council at the same time as the Diversity Committee report. It would also be appropriate for the two items to be scheduled during the same City Council work session, which is tentatively scheduled for April 9th, 2013. Local Discussions Related to Disproportionate Minority Contact Iowa Department of Human Rights Division of Criminal and Juvenile Justice Planning (CJJP) Report to Johnson County Officials March 2013 CAP 2 "d Floor, Lucas State Office Bldg. 321 East 12th St. Des Moines, IA 50319 Section I - Background The Iowa Department of Human Rights, Division of Criminal and Juvenile Justice Planning (CJJP) provides state oversight for Iowa's administration of the federal Juvenile Justice and Delinquency Prevention Act (JJDP Act). A key requirement of the JJDP Act relates to Disproportionate Minority Contact (DMC) of youth in Iowa's juvenile justice system. Minority youth are overrepresented, in Iowa and nationally, at a variety of juvenile justice system decision - making phases. CJJP, its Juvenile Justice Advisory Council (JJAC), and the State DMC Subcommittee are offering Johnson County specific technical assistance to reduce DMC. CJJP, directly or through contract providers, has provided similar technical assistance to Black Hawk, Johnson, Polk, and Woodbury Counties for a number of years. CJJP carries out research, policy analysis, program development and data analysis activities to assist policy makers, criminal and juvenile justice system agencies and others to identify issues of concern and to improve the operation and effectiveness of the justice and juvenile justice systems. In recent years CJJP has initiated activity specific to the school discipline process as a result of recommendations from a 2009 study committee, the Governor's Youth Race and Detention Task Force. Section II - Report Composition A number of persons were interviewed for preparation of this report (see Attachment A). Local interviewees were asked about their perceptions of issues related to DMC, activities related to DMC, and potential avenues for technical assistance by CJJP. This report is a summary of those discussions and identification of a number of major efforts. Within the various major efforts are noted identified issue /activity, relevant data, challenges, and CJJP recommendations. CJJP was afforded every courtesy as interviews were being scheduled and conducted and community officials and citizens willingly gave of their time for interviews. All persons were open, forthcoming, and genuinely interested with how to influence DMC. Their assistance with the interviews and commitment to DMC is noteworthy and appreciated. Local Groups Throughout the interview process a variety of local groups were identified that have involvement or activity related directly to DMC. The below groups are not a comprehensive list of relevant local DMC related groups, nor does this report seek to explain the various activities and goals of the listed groups. The groups are listed here as potential discussion entities related to the recommendations or other information provided in this report, or were referenced in local discussions for their specific DMC - related contributions in the community. Other local groups can and will be added to the distribution list for this report as requested locally. DMC Committee Coalition for Racial Justice Consultation of Religious Communities Breakthrough Series Collaboration ICCSD Core Management Team Community Partnership for Protecting Children Juvenile Justice Youth Dev. Program Ad Hoc Diversity Committee (City Council) 2 Census Data Most of the data provided in this report are aggregated by race /ethnicity. As a reference, CJJP is providing youth census data for Johnson County in Figure 1. Figure 1 Census Data -Johnson Countv Youth - Anes 10 -17 Source: 2011 National Criminal Justice Reference Service Data * Percentages may not equal 100% due to rounding. Section III — Juvenile Detention Identified Issue /Activity The Governor's Youth Race and Detention Task Force ( YRDTF) met from 2007 to 2009 to study the overrepresentation of minority youth in juvenile detention and the overall high numbers of youth in such settings for misdemeanor -level offenses. The YRDTF issued recommendations through a series of report s which are available on CJJP's website. The activities of the YRDTF prompted and increased interest in juvenile detention, and the work of the group contributed to state -level reductions in detention holds. One of the products of the YRDTF was the development of a single page Iowa Juvenile Detention Screening Tool (DST). A volume of national research reflects the utilization of a risk -based DST as a cornerstone of detention reform. Detention screening is one of a small number of local policy activities that has produced the most consistent and sustained reductions in minority overrepresentation. Just as importantly, there is significant legal precedent relating to the importance of due process provisions for youth deprived of constitutional freedoms through placement in locked juvenile detention settings (see Attachment B). Iowa's Juvenile Justice Advisory Council, its Task Force for Young Women, its DMC Subcommittee, and a number of other Governor - appointed Commissions within the Iowa Department of Human Rights (Human Rights Board, Status of African Americans, Status of Latino Affairs, Native Americans, Asian and Pacific Islanders, Persons with Disabilities, and Deaf Services) have taken written positions of support for utilization of a single, state -level detention screening tool to ensure due process protections for detained youth. In discussions with law enforcement officials they made it clear that they have no interest in playing anything more than an advisory role in the decision to detain youth. They see such decisions as the primary focus of juvenile court services and judges. Relevant Data Below are tables with information regarding Johnson County juvenile detention facility holds and detention rates for youth ages 10 -17. The data are taken from the DMC matrices and Iowa's 2012 Juvenile Justice and Delinquency Prevention Act Three Year Plan. The matrices are an instrument utilized by the federal Office of Juvenile Justice and Delinquency Prevent (OJJDP) to measure and compare compliance with the DMC Requirement of the JJDP Act. An overall description of the matrices is provided on pages 75 through 78 of the plan. Calendar year 2012 is the most recently completed matrix, and select pages have been included here as Attachment C. It should be noted Total Youth Population Cauc. Afr: Amer. His ./La. Asian Nat. Amer. Minority Population Number 10,527 8,188 1,073 741 500 25 2,399 Percentage* 78% 10% 7% 5% 1% 2301. Source: 2011 National Criminal Justice Reference Service Data * Percentages may not equal 100% due to rounding. Section III — Juvenile Detention Identified Issue /Activity The Governor's Youth Race and Detention Task Force ( YRDTF) met from 2007 to 2009 to study the overrepresentation of minority youth in juvenile detention and the overall high numbers of youth in such settings for misdemeanor -level offenses. The YRDTF issued recommendations through a series of report s which are available on CJJP's website. The activities of the YRDTF prompted and increased interest in juvenile detention, and the work of the group contributed to state -level reductions in detention holds. One of the products of the YRDTF was the development of a single page Iowa Juvenile Detention Screening Tool (DST). A volume of national research reflects the utilization of a risk -based DST as a cornerstone of detention reform. Detention screening is one of a small number of local policy activities that has produced the most consistent and sustained reductions in minority overrepresentation. Just as importantly, there is significant legal precedent relating to the importance of due process provisions for youth deprived of constitutional freedoms through placement in locked juvenile detention settings (see Attachment B). Iowa's Juvenile Justice Advisory Council, its Task Force for Young Women, its DMC Subcommittee, and a number of other Governor - appointed Commissions within the Iowa Department of Human Rights (Human Rights Board, Status of African Americans, Status of Latino Affairs, Native Americans, Asian and Pacific Islanders, Persons with Disabilities, and Deaf Services) have taken written positions of support for utilization of a single, state -level detention screening tool to ensure due process protections for detained youth. In discussions with law enforcement officials they made it clear that they have no interest in playing anything more than an advisory role in the decision to detain youth. They see such decisions as the primary focus of juvenile court services and judges. Relevant Data Below are tables with information regarding Johnson County juvenile detention facility holds and detention rates for youth ages 10 -17. The data are taken from the DMC matrices and Iowa's 2012 Juvenile Justice and Delinquency Prevention Act Three Year Plan. The matrices are an instrument utilized by the federal Office of Juvenile Justice and Delinquency Prevent (OJJDP) to measure and compare compliance with the DMC Requirement of the JJDP Act. An overall description of the matrices is provided on pages 75 through 78 of the plan. Calendar year 2012 is the most recently completed matrix, and select pages have been included here as Attachment C. It should be noted that matrices typically include arrest information from the Iowa Department of Public Safety's Uniform Crime Report (UCR). No UCR data are provided in the matrix because the most recently available data are from 2010. It is anticipated that 2011 arrest data will be available in the upcoming weeks. Such data will be provided to Johnson County officials when they are available. Figure 2 Johnson County Detention Numbers Johson County Percent Change 5 -Year Detentions 2008 2 2009 2 2010 2 2011 2 2012 ( (2008 -2012) A Average Caucasian 55 4 41 3 33 3 35 4 43 Percent Change -- - -25.5% - - 19.5% 6 6.1% 2 22.9% 2 21.8% 4 41.4 African American 88 5 56 3 39 5 53 6 63 2 28 401 5 8 Percent Change -- -36.4% -30.4% 35.9% 18.9% Source: CJJP -JDW • Overall detention numbers are small. Detention numbers and rates for all racial /ethnic groups were lower in 2012 than in 2008. Figure 3 Johnson Countv Detention Rates Johnson County Detention Placement Rates per 100 Referrals 10 - 17 Years of Age 30.0 25.0 20.0 15.0 10.0 5.0 0.0 2008 2009 2010 2011 2012 --W-Caucasian -f- African American Source: GJJP -JDW Note: Detention rates are calculated per 100 referrals (complaints) to juvenile court. The average detention rate for African - Americans is 19.1 and for Caucasians is 11.6. The average rate of detention for African - American youth is 1.7 times higher than the rate for Caucasian youth. 4 Source: GJJP -JDW Note: Detention rates are calculated per 100 referrals (complaints) to juvenile court. The average detention rate for African - Americans is 19.1 and for Caucasians is 11.6. The average rate of detention for African - American youth is 1.7 times higher than the rate for Caucasian youth. 4 Challenges Overrepresentation for African - American youth in Johnson County, like most of Iowa's major metropolitan areas, continues to be an issue. Johnson County, like the majority of Iowa Counties, is not utilizing an instrument for detention screening in a process that is standardized across the state. The lack of a standardized instrument presents issues relative to due process. CJJP Recommendations Recommendation I: Johnson County Officials need to implement an instrument developed specifically for detention screening. Recommendation II: A local group that can provide oversight and accountability to monitor detention screening should be utilized as a screening tool is implemented. Preferably the community will be able to utilize an existing group. CJJP will provide quarterly detention data sets to the Johnson County site and is willing to participate in local detention - related discussions. Recommendation III: Written policies should be developed to support the implementation of a detention screening tool. These new policies should outline the local process and allow for continued evolution of practices intended to reduce DMC. Section IV — School Discipline Identified Issue /Activity Safe Schools Healthv Students Initiative — The ICCSD has been the recipient of a Safe Schools Healthy Students (SSHS) grant from the federal Department of Education. The goal of the SSHS Initiative is to increase student learning by creating a unified system to support the social, emotional, and behavioral needs of all students. As a result of the SSHS grant, the ICCSD has done considerable work related to its school climate, including the student discipline process. Technical Assistance - ICCSD officials have availed themselves of technical assistance in the form of discussions facilitated by CJJP regarding school discipline and disproportionate minority contact. CJJP staff have met with the Secondary Administrators and other school officials on multiple occasions and will be available for continued discussions in the future. In this and other discussions, ICCSD staff identified a number of noteworthy activities already underway. This has included, but is not limited to, efforts to reduce the number of out -of- school suspensions and expulsions, and the use of PBIS and home visits to increase parental engagement. A brief description of some of those related activities and programs is included in Attachment D. Challenges Data - CJJP is willing to provide support to the ICCSD with data related to student incident referrals for all of the schools in its district. It is clear that the District has its own sophisticated local information system. CJJP will continue discussions with ICCSD officials regarding development of a data set that can assist the school in affecting its school discipline process. Efforts to work with the District are encouraging. Low - Income Housing — In a number of discussions within the community, the ongoing issue of low - income housing in certain neighborhoods was a concern. The disparate opinions on how to address the issue, however, will require that the community and the schools continue thoughtful discussion on the matter, as no consensus currently exists. 5 CJJP Recommendations Recommendation I: The ICCSD should continue to take advantage of the technical assistance offered by CJJP related to policy and procedure. The Iowa Department of Education has indicated its willingness to participate in these local discussions as well. Recommendation II: ICCSD should further efforts to utilize its data system to develop information and formal report formats specific to school discipline. Such data must be a key component in community discussions pertaining to the school discipline process. Section V - Overall Local Leadership and Committee Engagement Identified Issue /Activity There has been a long- standing local interest in DMC- related activities. Those interests speak directly to leadership /engagement, which are key ingredients in reducing DMC. Listed below are a number of examples: • The Iowa City Police Department is actively making staff available to serve on a variety of local juvenile justice and /or DMC - related committees. • The Iowa City Police Department is encouraging passage of state legislation that would allow for purging of juvenile arrest records once youth attain their 18th birthday. CJJP will ask its state -level Juvenile Justice Advisory Council to consider the issue as a part of its ongoing policy discussions. • The local DMC Committee has been effective in furthering policy and program efforts relating to arrest and student discipline. • The local office of the Department of Human Services (DHS) has efforts underway related to DMC including Community Partnerships for Protecting Children. • There are local, private providers doing strong DMC - related work (e.g. Neighborhood Centers, The Spot). • The recently formed City Council ad hoc Diversity Committee has been discussing issues around transportation and law enforcement interactions with citizens. See attachment E for further information /resources on citizen review boards and community policing. • The Core Management Team, although charged with broader responsibilities than solely DMC, took advantage of technical assistance from CJJP staff in the form of a facilitated discussion on January 28th about its goals /purpose related to disproportionality. • The DMC - related planning groups listed in Section II have been major contributors to local successes related to DMC. The leadership and diverse membership of those groups is directly related to their success and the successes noted above. In recent years, CJJP and its subcontractors have worked most closely with the local school and DMC Committees. Challenges Consistency of Purpose - The existence of multiple groups having similar goals can occasionally make it difficult to allow progress or to provide agreed -upon avenues to reduce overrepresentation. Each group has its own unique charge, but it can, at times, be difficult to get all groups moving together toward a single goal. In many communities, cross membership on multiple DMC groups can create fatigue regarding the extent to which true collaboration is taking place. Diversity of Leadership — A number of community members expressed concern over the lack of leadership representation from minority groups on committees as well as in professional roles in organizations that have a significant impact on minority groups. At the same time, committee organizers and agencies have been frustrated in their attempts to recruit members /employees of color. Risk of Expanded Focus - The leaders in this community have broad areas of expertise and interest. Experience indicates that discussions regarding DMC inevitably expand from the issue of minority overrepresentation in the juvenile justice population to larger societal issues affecting minorities. It is fairly well documented that minorities are disproportionately affected by unemployment and poverty, both of which are risk factors that can be linked to increased rates of criminal and delinquent behavior. These are certainly legitimate concerns and important issues to be addressed in a comprehensive approach to minority overrepresentation. However, many of these long -term issues will tend to exasperate DMC initiatives and bog down efforts to address some critical DMC - related problems that can be ameliorated in the short-term. CJJP Recommendations Recommendation I: Johnson County should avail itself of its broad array of local leadership. Recommendation II: Johnson County should focus its DMC - related activities on a small and attainable number of goals. Section A — Overall Arrests and JCS Referral Identified Issue /Activity Discussions with a number of Johnson County juvenile justice system officials noted trends or concerns regarding offending behaviors or patterns for minority youth, particularly African - American youth. In response CJJP made a broad query of is Justice Data Warehouse regarding the types of local allegations for which youth were being referred to JCS. Relevant Data CJJP maintains a Justice Data Warehouse (JDW) which contains information from the Iowa Court Information System (ICIS) regarding major juvenile justice decision - making points. Amore thorough discussion of the JDW is provided on page 77 of the Three Year Plan. Allegation data for Johnson County are included as Attachment F — Top 20 Allegations, and are shown in Figure 4. ' Figure 4 Top 5 Allegations for Caucasian and African - American Youth Caucasian Sum: 231 236 186 Source: JDW Sum:' 283 131 78 61 50 50 653 1 The data in Attachment F are taken from the JDW and are comprised of individual allegations which resulted in a referral to JCS. The tables include data regarding the top 20 allegations for Caucasian and African American youth. Data sets are provided for calendar years 2010, 2011, and 2012. African - American Source: JDW Sum: 79 69 77 1 225 38 44 57 1 139 28 37 _I 31 j. _ 96 18 26 ' 18 62 19 23 20 62 Sum: 182 199 203 Allegations Remarks - Figure 4: • 51h Degree Theft is the top arresting allegation for both races. • Possession of alcohol, possession of a controlled substance, and possession of drug paraphernalia are three offenses on the top 5 list for Caucasians and are not on the list for African - Americans. • Assault, interference with official acts, and trespass are three offenses on the top 5 list for African - Americans and are not on the list for Caucasians. Allegations - Overall Remarks (see data from Attachment F - Top 20 Allegations): • Combined allegations for Caucasians declined from 2010 (n =419) to 2012 (n =376), and increased for African Americans from 2010.(n =338) to 2012 (n =428). • For classification purposes CJJP includes disorderly conduct, interference with official acts, harassment of public officer, failure to disperse and certain other offenses as public order allegations. • African - American youth account for 76% (n =219) of the public order allegations (n =290) included in the top 20. • Public order allegations constitute 7% of the top 20 allegations for Caucasian youth and 23% of such allegations for African - American youth. W Figure 5 JCS Allegations by Offense Level Time Period 1/1/2010- 12/31/2012 Caucasian African- American INDICT. INDICT. MISD. 296. MISD. —25% 272 S I FELONY 79 Source: CJJP, Justice Data Warehouse "Other Class" includes scheduled violations (e.g. certain alcohol, traffic, and court offenses) OTHER CLASS 72 7% Remarks - Figure 5: • Numerical allegation counts are higher for Caucasians in felonies, indictable misdemeanors, and other classes. Counts are higher for African - Americans only for simple misdemeanors. • Felonies comprise 8% of the allegations referred to JCS for the combined report period. o Felony allegations for Caucasians and African - Americans comprise 8% and 7 %, respectively, of overall allegations for two racial /ethnic groups during the combined report period. • Indictable misdemeanors comprise 25% of the allegations referred to JCS for the combined report period. o Indictable misdemeanor allegations for Caucasians and African - Americans comprise 25% of overall allegations for both racial /ethnic groups during the combined report period. • Simple misdemeanors comprise 54% of the allegations referred to JCS for the combined report period. o Simple misdemeanors for Caucasians and African - Americans comprise 48% and 61%, respectively, of overall allegations for the two racial /ethnic groups during the combined report period. Challenges Simple Misdemeanor and Public Order Allegations - If all of the overrepresentation that exists in the juvenile justice system were eliminated for African - American youth for felony level allegations, disproportionality would still be significant. Data show that 54% of all allegations referred to the juvenile court in Johnson County are for simple misdemeanor offenses. Some of the offenses for which there is the most significant overrepresentation include disorderly conduct and interference with official acts. These offenses are those that offer the greatest opportunity for the judicious exercise of discretion by justice system representatives. Pi FELONY 100 SIMPLE 8% MISD. OTHER 568 CLASS 233 20% S I FELONY 79 Source: CJJP, Justice Data Warehouse "Other Class" includes scheduled violations (e.g. certain alcohol, traffic, and court offenses) OTHER CLASS 72 7% Remarks - Figure 5: • Numerical allegation counts are higher for Caucasians in felonies, indictable misdemeanors, and other classes. Counts are higher for African - Americans only for simple misdemeanors. • Felonies comprise 8% of the allegations referred to JCS for the combined report period. o Felony allegations for Caucasians and African - Americans comprise 8% and 7 %, respectively, of overall allegations for two racial /ethnic groups during the combined report period. • Indictable misdemeanors comprise 25% of the allegations referred to JCS for the combined report period. o Indictable misdemeanor allegations for Caucasians and African - Americans comprise 25% of overall allegations for both racial /ethnic groups during the combined report period. • Simple misdemeanors comprise 54% of the allegations referred to JCS for the combined report period. o Simple misdemeanors for Caucasians and African - Americans comprise 48% and 61%, respectively, of overall allegations for the two racial /ethnic groups during the combined report period. Challenges Simple Misdemeanor and Public Order Allegations - If all of the overrepresentation that exists in the juvenile justice system were eliminated for African - American youth for felony level allegations, disproportionality would still be significant. Data show that 54% of all allegations referred to the juvenile court in Johnson County are for simple misdemeanor offenses. Some of the offenses for which there is the most significant overrepresentation include disorderly conduct and interference with official acts. These offenses are those that offer the greatest opportunity for the judicious exercise of discretion by justice system representatives. Pi Complaint Calls - Law enforcement officials estimate that 90% of the calls to which they respond are to neighborhood in which significant numbers of minority youth reside. Thus, their patrol patterns are established by the volume of contact experienced in a given area. Rights of Victims - Law enforcement officials note that even low —level offenses affect a victim. They stress the importance of the juvenile justice system's being able accountable to the needs of victims. Police Stops - A number of local audiences in Black Hawk, Johnson, Polk, and Woodbury Counties express concern at the high rates and frequencies of police stops, arrests, and searches for African - American youth. CJJP conducted additional research regarding the noted concerns which is summarized in Attachment G. CJJP Recommendation Recommendation: Local officials should initiate discussions regarding arrest and JCS referral for low level offenses. Rather than creating a new group, an existing group should be considered for such discussions. Such a group discussions should include the diverse members of the community. CJJP would make itself available for such discussions. Section VII Other Juvenile Justice System Activities Identified Issue /Activity Juvenile Justice Reform Proiect - JCS actively sought to be a part of a state -level grant effort to improve its programming, Iowa's Juvenile Justice Reform Project (JJRP), which implements both the Standardized Program Evaluation Protocol and the cost - benefit Results First model created by the Washington State Institute for Public Policy (WSIPP). Funding was awarded in October of 2012 to support three Judicial Districts, including the Sixth, which includes Johnson County. CJJP will partner with JCS officials and juvenile justice - related youth serving programs to implement JJRP. Best Practices - JCS has implemented best practice programming, including Functional Family Therapy, a research -based program that engages the family in improving the behaviors of delinquent youth; and Aggression Replacement Training, a program that seeks to reduce aggressive behaviors in delinquent youth. Challenges Audience Engagement — Johnson County's participation in the JJRP effort and its work with various best practice programming will affect local youth serving programs and audiences outside of JCS. It is in the interest of the various audiences to be aware and informed of the work taking place. Overrepresentation at Various Juvenile Justice Decision Points - Despite the noteworthy successes in school arrests and juvenile detention, overrepresentation still exists at various juvenile delinquency decision- making stages. • Overall DMC matrices rates are considerably lower than national averages, but relative rates remain elevated for African - American youth at the decision- making phases of arrest, diversion, detention, petition, and adjudication for calendar year 2011 (pages 93 through 96 of the Three Year Plan). 10 CJJP Recommendation Recommendation: JCS should engage relevant local planning groups /audiences regarding implementation of the JJRP effort and various best practices - related activities. A number of local groups expressed an interest in learning more about programming found to be effective, in particular, for minority youth. Section VIII Relationships of Maim Institutions_ to Minoritv Communit Identified Issue Activity - Challenges Minority Community Trust in Local Institutions - Some local officials noted concerns with the ability for families of color, particularly African - American parents, to approach and work with the schools and law enforcement on issues faced by their youth. It is clear that local institutions are offering formal and informal opportunities for access by minority families. Research reflects minority distrust of institutions as a major factor in their willingness to access or function within institutions (summarized in Attachment H). New Arrivals - A number of individuals noted new arrivals to their community from Illinois, Minnesota, and other contiguous states. It was suggested that such youth often come from much larger urban settings and have difficulty adjusting to life in Iowa City. This is noted as a universal phenomenon in the communities in which CJJP interviews are being conducted. CJJP's local discussions, by design, have a focus on the involvement of minority youth in the juvenile justice system. There has been no discussion regarding the potential risks associated with Caucasian families relocating to various Iowa communities. There is an issue associated with stereotyping new arrivals and assuming that minority families will, by virtue of their race /ethnicity, present problems to the community. A concern is that references are routinely made regarding families relocating "from Chicago ", and that such references are a proxy for race (African- American families), which may inappropriately connote increased issues associated with the potential of crime, gang involvement, issues in school, etc. CJJP Recommendations Recommendation I: Local institutions such as JCS, the judiciary, law enforcement, schools, etc. should engage minority families in ongoing and meaningful discussions regarding the policies affecting their youth. Recommendation II: Local institutions must continually re- examine the extent to which their mission is consistent with a welcoming environment for newly- arrived minority families. 11 Attachment A Johnson cou Child/Youth Serving Agency Neighborhood Centers Brian Loring, Executive Director Diane Dingbaum, Associate Director Tony Branch, Youth Program Coordinator Fred Newell, Family Advocate Parkview Church, The Spot Reverend Doug Fern, Director County Kingsley Botchway Chair, Ad Hoc Committee on Race LaTasha Massey, Community Projects Spec. Elected Officials County Janet Lyness, Johnson County Attorney Rod Sullivan, Johnson Bounty BOS Defense Attorney Brandon Schrock, Juvenile PD Faith Community Reverend Dorothy Whitson, First Baptist Church Royce Ann Porter, Coordinator Family -to- Family Partnership Program Danny Wood - Milligan Fami uniclais interviewea Human Services (Department of) Marc Baty, Service Area Manager Valarie Lovaglia, Social Work Administrator Juvenile Court Services Candice Bennett, Chief Juvenile Court Officer Bernie Bordignon, Juvenile Court Officer 4 Betty Hopkins, Juvenile Court Officer 4 Christopher Wyatt, Juvenile Court Officer 4 Law Enforcement Samuel Hargadine, Iowa City Chief of Police Richard Wyss, Captain James Stephen, Captain School Officials 12 Iowa City Community School District Stephen Murley, Ph.D., Superintendent Ann Feldman, Associate Superintendent Susie Poulton, Dir. of Health and Student Serv. Joan Vanden Berg, Youth and Fam. Dev. Coord. Ross Wilburn, Equity Coordinator Attachment B Juvenile Justice - Related Legal Precedents There is a growing body of legal precedents providing youth with protections consistent with and, in some occasions, beyond those provided to adults due to the reduced culpability of youth. Further, under the doctrine of parens patriae, juvenile courts are obligated to ensure that the best interests of youth are being represented and met. These precedents are exemplified in the following cases: In re Gault 387 U.S. 1 (1967) - The Court ruled that in hearings potentially resulting in commitment to an institution, juveniles have the right to notice and counsel, to question witnesses, and to protection against self- incrimination. In re Winship, 397 U.S. 358 (1970) - The Court held that, under the Due Process Clause of the 14th Amendment, juveniles have the constitutional right to be adjudicated under the standard of proof of beyond a reasonable doubt. D.B., v. Tewksbury, District Court of Oregon (1983) - The Court found the practice of jailing juveniles to be a per se constitutional violation of the 14th Amendment. Hendrickson v. Griggs (U.S. District Court, Northern District Iowa 1987) - The federal Juvenile Justice and Delinquency Prevention Act is more than a funding statute. It creates an enforceable private right of action. States assume duties when they accept the federal funds, and when these duties are breached, a juvenile may seek a remedy pursuant to 42 U.S.C.A. Section 1983. Thompson v. Oklahoma, 487 U.S. 815 (1988) - The differences between juvenile and adult offenders indicate that less culpability should attach to a crime committed by a juvenile than to a comparable crime committed by an adult. Miller v. Alabama 567 U.S. _ (2012) - The Court, expanding on 25 years of jurisprudence, held that the 8th amendment prohibited the mandatory imprisonment of juvenile homicide offenders to life without parole. The Court had previously prohibited capital punishment for minors who committed murder in Roper v. Simmons 543 U.S. 551 (2005) and had banned life without parole for non- homicide offenders in Graham v. Florida 560 U.S. _ (2010). 13 K R V N T cm N U d V r Q d U d C. W Q y� [r: C cC 0 c d c � o � V M U U � e O Z v'^i .f o N U T � Y z p 2 T o a a a i U C � L T C c N n U V O O C pC O �L L 3 o _ G N c � 0 c d c � o � V M U U U O M v'^i � i U T z � w i � C � N n O O O C O O c o Q o o c o c o 0 0 Ch r y � � � o C g �" U a _ o�C O C V oN0 C V o 1� 00 N e¢3 Q d' �D a3 o0 a�.e � N b V o GC N VNi k Q N FIL c O .6 tt m C � � U T ¢o f .5 c d N N N N O z U U U U U U C4 z � w R � C � n o Q z z m o a o 0 y � � � •9 C r3 �" U Q 4 a o ✓' > N e¢3 Q d' �D a3 o0 a�.e � N U o k } Y } O O N N p a N U U U U U R � C � n N t N U o k FIL c .6 m v � U T ¢o f a N 1. AREA REPORTED State: Iowa County: Johnson Attachment C (continued) FOCALGROUP: Black or African- American Reporting Period : 01/01/2012 - 12/31/2012 Reference Group: White Data Items Total Numberof Reference Group Rate of Occurrence- Reference Group Total Numberin Focal Group Rate of Occurrence- Focal Group Relative Rate Index 1. Population at risk (age 10 through 17) 8,188 1,073 2. Juvenile Arrests NA 0.00 NA 0.00 ** 3. Referto Juvenile Court 303 NA 304 NA ** 4. Cases Diverted 207 68.32 169 55.59 0.81 5. Cases Involving Secure Detention 43 14.19 63 20.72 1.46 6. Cases Petitioned (Charge Filed) 87 28.71 102 1 33.55 1.17 7. Cases Resulting in Delinquent Findings 30 34.48 41 40.20 1.17 8. Cases resulting in Probation Placement 14 46.67 11 26.83 ** 9. Cases Resulting in Confinement in Secu 1 3.33 5 12.20 ** 10. Cases Transferred to Adult Court 1 7 8.05 7 6.86 0.85 Note: Rates for Refer to Juvenile Court are not calculated due to unavailability of arrest data. Key Statistically significant results: Bold font Results that are not statistically significant Regularfont Group is less than 1% of the youth population Insufficient number of cases for analysis ** Missing data forsome element of calculation - -- Definitions of rates: Recommended Base Base Used 2. Arrests of Juveniles - rate per 1000 population per 1000 youth 3. Referrals to Juvenile Court - rate per 100 arrests per 1000 youth 4. Cases involving Diversion before adjudication- rate per 100 referrals per 100 referrals 5. Cases involving Detention - rate per 100 referrals per 100 referrals 6. Cases Petitioned - rate per 100 referrals per 100 referrals 7. Delinquent Findings -rate per 100 youth petitioned (charged) per 100 youth petitioned 8. Probation placements - rate per 100 youth found delinquent per 100 youth found delinquent 9. Placement in secure corrections- rate per 100 youth found del inquent per 100 youth found del i nquent 10. Transfers to adult court- rate per 100 youth petitioned per 100 youth petitioned 15 Attachment D Other ICCSD School Discipline - Related Efforts Positive Behavior Interventions Supports - ICCSD is implementing positive behavior intervention supports (PBIS). PBIS is a research - based, school -wide, system approach to improving school climate and create safer and more effective schools. Tate High School — Tate is the alternative school setting through which the district strives to meet each student's needs through core class offerings, job based credits, and credit recovery online. Tate also offers a variety of career /vocational training and licensing opportunities including CNA, ProStart Culinary Arts, Auto Tech and more. Student Advisory Center— A Student Advisory Center (SAC) is being operated in City High to reduce suspension of students by teaching appropriate skills and provide resource to prevent further problem behaviors. Components include full -time staff, protocol for student referral, access to counseling, and feedback to teachers. Success Centers — Success Center programs are offered at all three junior highs and at City and West High. Students are in the Success Center for a minimum of one class period a day to receive individual tutoring, learn organizational skills, strategies to manage their behaviors, and suggestions of how to advocate for themselves. Students have the opportunity to take on -line courses for credit recovery. 21St Century Community Learning Centers — Roosevelt, Hills, and Grant Wood elementary schools are sites for 21St Century Learning Centers (21St CCLS). In an extension of the school day, these 21St CCLS programs provide academic and enrichment opportunities during non - school hours. The program helps students meet state and local student standards in core academic subjects such as reading and math. 16 Attachment E Resources: Police Citizen Review Boards and Police /Citizen Relations From the National Institute of Justice "Citizen Review of Police: Approaches and Implementation" "Citizen Review of Police" assesses nine different approaches to citizen oversight for jurisdictions interested in creating or enhancing an oversight system. This NIJ Issues and Practices report (NCJ 184430) discusses the types of citizen oversight, potential benefits of oversight systems, limitations to citizen review, oversight responsibilities, staffing issues, and potential conflicts between oversight bodies and police departments. Concerned citizens, community organizations, law enforcement agencies, and police unions can all contribute to the design, implementation, and operation of a successful oversight system.Z From the Office of Community Oriented Policing Services (USDOJ) "Building Trust between the Police and the Citizens They Serve" "Building Trust between the Police and the Citizens They Serve" focuses on the pivotal role of the Internal Affairs function as one component of an agency -wide professional standards effort in building trust between law enforcement agencies, their staff, and the communities they are sworn to protect and serve. The guide addresses the Internal Affairs function from complaint processing to decision - making, discipline, notification, and community transparency, as well as building an effective Internal Affairs approach for any size agency. It also looks at the Internal Affairs process from the citizen's viewpoint, presenting information how local agencies can be accountable to their citizens through trust - building initiatives and other activities.3 2 Citizen Review of Police: Approaches and Implementation by Peter Finn, March 2001. ' Building Trust Between the Police and the Citizens They Serve: An Internal Affairs Promising Practices Guide for Local Law Enforcement, U.S. Department of Justice, Office of Community Oriented Policing Services. 17 Attachment F TOP 20 JCS Allegations Caucasian Source: Iowa Justice Data Warehouse 18 2010 2011 2012 THEFT 5TH DEGREE -1978 (SMMS) - 130 88 65 JCS - POSSESS /PURCH ALCOHOL BY PERSON UNDER 18 17 70 44 POSSESSION OF A CONTROLLED SUBSTANCE (SRMS) 28 28 22 POSSESSION OF DRUG PARAPHERNALIA (SMMS) 13 23 25 ASSAULT (SMMS) 16 15 1 19 DISORDERLY CONDUCT - FIGHTING OR VIOLENT BEHAVIOR (SMMS) _ 27 12 11 JCS - POSSESS /PURCH ALCOHOL BY PERSON <18 YOA -1ST OFFENSE 44 CONSUMPTION / INTOXICATION -1978 (SMMS) 13 20 6 LOCAL ORDINANCES 6 18 8 BURGLARY 3RD DEGREE (FELD) 1 8 19 ASSAULT CAUSING BODILY INJURY -1978 (SRMS) 11 4 12 BURGLARY 3RD DEGREE - UNOCCUPIED MOTOR VEHICLE (AGMS) 5 14 6 OPER VEH WH INT (OWI)11ST OFF (SRMS) 9 7 9 THEFT 4TH DEGREE -1978 (SRMS) 4 12 8 CRIMINAL MISCHIEF 5TH DEGREE (SMMS) 8 3 11 INTERFERENCE W /OFFICIAL ACTS (SMMS) 9 7 5 POSS /PURCH ALCOHOL BY PERSON 18/19120 -1ST OFF 11 3 4 CRIMINAL MISCHIEF 2ND DEGREE -1978 (FELD) 4 2 11 TRESPASS - < 200 (SMMS) 3 7 7 THEFT 2ND DEGREE -1978 (FELD) 6 5 4 ALL OTHER ALLEGATIONS 54 65 71 TOTALS 419 411 367 Source: Iowa Justice Data Warehouse 18 African American Attachment F (continued) Source: Iowa Justice Data Warehouse 19 2010 2011 2012 THEFT 5TH DEGREE -1978 (SMMS) 79 69 77 DISORDERLY CONDUCT - FIGHTING OR VIOLENT BEHAVIOR (SMMS) 38 44 57 ASSAULT (SMMS) 28 37 31 ; INTERFERENCE W /OFFICIAL ACTS (SMMS) 18 26 18 TRESPASS - < 200 (SMMS) 19 23 20 ASSAULT CAUSING BODILY INJURY -1978 (SRMS) 26 16 16 BURGLARY 3RD DEGREE - UNOCCUPIED MOTOR VEHICLE (AGMS) 6 34 POSSESSION OF A CONTROLLED SUBSTANCE (SRMS) 21 7 12 CRIMINAL MISCHIEF 5TH DEGREE (SMMS) 12 15 9 THEFT 4TH DEGREE -'1978 (SRMS) 9 9 1 16 LOCAL ORDINANCES 8 5 " 13 JCS - POSSESS /PURCH ALCOHOL BY PERSON UNDER 18 5 9 '' 8 DISORDERLY CONDUCT - LOUD AND RAUCOUS NOISE (SMMS) 8 10 THEFT 2ND DEGREE -'1978 (FELD) 1 2 14 BURGLARY 2ND DEGREE -1983 (FELC) 2 13 CRIMINAL MISCHIEF 4TH DEGREE 3 3 8 THEFT 3RD DEGREE -1978 (AGMS) 3 1 9 OPERATE VEHICLE NO CONSENT -1978 (AGMS) 1 1 9 ASSAULT ON PEACE OFFICERS & OTHERS (SRMS) 4 2 1 CRIMINAL MISCHIEF 3RD DEGREE -1978 (AGMS) 1 3 3 JUVENILE INTERSTATE COMPACTS - 4 2 1 ALL OTHER ALLEGATIONS 54 38 60 TOTALS 338 328 428 Source: Iowa Justice Data Warehouse 19 Attachment G Research Regarding Police Stops As noted in Section VI CJJP conducted a variety of research related to police stops. That research is summarized below. "Stops occur in Black and Latino neighborhoods, and even after adjustments for other factors including crime rates, social conditions and allocation of police resources in those neighborhoods, race is the main factor determining New York Police Department Stops." 4 Relative to stopped whites, stopped blacks are 127% more likely and stopped Hispanics are 43% more likely to be frisked. " 5 "Even after relevant legal and extralegal factors are controlled, reports from young minority males indicate they are at the highest risk for citations, searches, arrests, and use of force during traffic stops. Yet, these drivers are not more likely to report carrying contraband, which, it has been suggested, is one of officers' primary motivations for conducting disproportionate stops and searches of minority citizens. " 5 4 Center for Constitutional Rights - Report to Unites State District Court, Southern District of New York, Jeffrey Fagan, 2010 'A Study of Racially Disparate Outcomes in the Los Angeles Police Department, Yale Law School, Townsend, 2008. 6 Examining the Influence of Drivers' Characteristics During Traffic Stops with Police Results from a National Survey, University of Cincinnati, 2001. 20 Attachment H Research Regarding Minority Distrust of Institutions Observations are noted below from 1993 research by Michael Leiber, Ph.D. The research has been included in this report (despite the fact that it was released nearly 20 years ago) because it is one of the few studies that included interviews with Iowa juvenile justice system officials and delinquent youth. Some of the information CJJP staff heard in discussions in recent weeks with Johnson County officials is remarkably similar to the findings in the Leiber study. Leiber study comments regarding the juvenile justice system are below. "Minorities, especially black families are believed to be more distrustful of the system than whites and their families. Black parents are believed to be less willing to hold youth accountable for their actions and /or encourage respect for authority. Parents are also seen as often failing to attend scheduled meetings with decision makers which may result in the for further court involvement. At the same time, minority youth are not seen as less likely to admit or cooperate. Interestingly, youth argue that juvenile court decision makers may act too quickly in wanting to remove them from what is perceived as an inadequate home environment." 7 Leiber study comments regarding schools are below. "Both adults and youth suggested there may be problems in the school system. A lack of minority staff and willingness on school officials to suspend and place youth in behavioral disorder classes were cited as areas of concern. An increasing reliance on calling the police and on the juvenile court to solve problems was also raised. ,5 Leiber study perceptions regarding the views of youth toward JCS staff. "All the youth in each of the counties viewed probation officers in a positive light. Most indicated they had good relations with their officer. s 5 Information regarding research relating to minority trust in child welfare arena is provided below. • Child Welfare — "The study found that (African - American) residents were aware of intense agency involvement in their neighborhood and identified profound effects on social relationships including interference with parental authority, damage to children's ability to form social relationships, and distrust among neighbors. The study also discovered a tension between respondents' identification of adverse consequences of concentrated state supervision for family and community relationships and neighborhood reliance on agency involvement for needed financial support. " 8 The Disproportionate Overrepresentation of Minority Youth in Secure Facilities: A survey of Decision Makers and Delinquents, University of Northern Iowa, Leiber, 1993. e The Racial Geography of Child Welfare: Toward a New Research Paradigm, Northwestern University Law School, Roberts, 2008. 21 ter. CITY OF IOWA CITY 1P4 MEMORANDUM Date: March 7, 2013 To: Tom Markus, City Manager From: Jeff Davidson, Planning and Community Development Director Steve Long, Community Development Coordinator Re: Follow up to workforce housing discussion City Council Work Session This memo is a follow up to the workforce housing discussion at the March 5, 2013 City Council Work Session. At the meeting we discussed how the City defines workforce housing for developments that receive City financial assistance in downtown Iowa City and Riverfront Crossings. The two most recent projects receiving City assistance used the suggested parameters of workforce housing for households in the 80% to 150% of area median income (AMI) range. Staff is recommending that for future City assisted workforce housing developments in downtown or Riverfront Crossings that the City require the developer to offer units priced at the 60% to 120% of AMI range. That would equate to income levels as follows: 60% of median 120% of median One person household annual income $32,100 $64,200 Two person household annual income $36,660 $73,320 For rental units, it was determined that using 120% of the HUD determined Fair Market Rent (FMR) monthly rent limits for Iowa City is appropriate for the workforce housing income ranges for the downtown and Riverfront Crossings market. Those monthly rent limits are as follows: Studio $ 670.00 One - bedroom $ 800.00 Two - bedroom $1,020.00 Using a set of standard lending assumptions, staff came up with a range of sale prices from $150,000 to $255,000. These are price ranges that are not currently being offered in the downtown or Riverfront Crossings area. The annual income limits and monthly rent limits may be adjusted as HUD makes amendments and the sale prices may be adjusted as lending standards change. Staff will use the above sale price ranges and monthly rental limits for future projects that utilize financial assistance from the City. L 03-0 IP5 Marian Karr From: Tom Markus Sent: Thursday, March 07, 2013 8:54 AM To: Marian Karr Subject: FW: Wall Street Journal Article Info packet From: Steve [mailto:steveicnyc @hotmail.com] Sent: Wednesday, March 06, 2013 10:16 PM To: Geoff Fruin; Tom Markus Cc: Marcia Bollinger; Wendy Ford; Jeff Davidson Subject: Fwd: Wall Street Journal Article A friend of mine was featured in the Wall Street Journal today. Good potential PR for Iowa City's art scene as well. She sells most of her art in New York and Washington DC, but maintains her studio in IC. Good example of the need to maintain and create affordable studio space. http •llblogs.wsj .com/metropolis /2013 /03 /05 /an -Mat- artist- leaves - her- drawings- hehind/ r��r�r� �p�� W�p�T�i From the City Manager E All J11LPiG1 Jl/Ul1l L • wsj.c March 5, 2013, 6:34 PM ET An Expat Artist Leaves Her Drawings Behind ByMatt McCue Andrew Hinderaker for The Wall Street Journal Sylvia Schuster outside her small storage space, which doubles as an ad hoc gallery when she returns to New York. Sylvia Schuster's home may be in Iowa City but her art career is still in New York, inside a storage locker that serves as her makeshift gallery. The accomplished charcoal sketch artist left New York City in 2001 for a simpler — and cheaper — life in the heartland. But several times a year she still crisscrosses the country by Greyhound, completing a 24 -hour bus voyage to transport her artwork to and from a Manhattan Mini Storage on West 23rd Street that has become her showroom. "These kamikaze runs are an arduous trip, but I have time to think on the bus," said Ms. Schuster, walking around her chilly, climate - controlled storage unit in sweats and a stocking cap. "I like it." Ms. Schuster, 69 years old, first adopted the 100 - square -foot storage unit in 1985 as an archive for some of her 9,000 charcoal etchings. Since leaving the city, however, her regular trips have doubled as "gallery' showings. She alerts her friends and fans ahead of time and sells the unframed paintings — priced between $2,500 and $4,000 — out of her $484 - per -month storage space. Over the past two years, Ms. Schuster said she has sold 40 pieces to collectors in New York City and on Long Island. The return trips are also useful. She carts 100 pounds of her artwork — the maximum baggage weight allowed on the bus — back to her studio in Iowa City, where she repurposes them in collages, her new medium. "There is nothing like New York, and people will always come here, no matter how expensive it is," said Michael Royce, executive director of the New York Foundation for the Arts. But the nonprofit organization is trying to close the gap for the city's ranks of expat artists like Ms. Schuster. Mr. Royce said his group is offering more of its services online as way to reach one -time local artists who have left the city. Workshops on subjects such as submitting artwork for fellowship- review panels are now recorded, turned into podcasts and posted online. Housing prices forced artist Ryan Kelly out of the Lower East Side and into Brooklyn, then further into Brooklyn before he finally decamped to Los Angeles three years ago in pursuit of a graduate degree. He is debating returning to urban scramble he left behind. "New York City is no longer the place you come to make it," Mr. Kelly said. "It's the place you get to go to once you have made it." Even among expat artists, Ms. Schuster's regular sojourn to her remote art locker appears unusual. Ms. Schuster said she first lived in New York from 1974 to 1985 on West 11th Street, working the early morning shift as a janitor at the Studio School in the East Village. She spent her afternoons on the banks of the East River, drawing some 2,000 portraits of the Brooklyn Bridge. She left the city in the late 1980s to teach at two universities before finally moving to Iowa City to study under the late Mauricio Lasansky, head of the printmaking department at the University of Iowa. Ms. Schuster lived comfortably in her much smaller city and attracted new customers, but she missed the vibrant culture she left behind in New York. She returned in the late 1990s, rented an apartment in Queens and took a waitress job at Howard Johnson's in Times Square to pay the bills. On Sept. 11, 2001, she said she was carrying an armload of drawings to a lawyer on Broad Street when she saw the first plane crash into the World Trade Center. Shaken, the artists turned north and ran to her storage unit. "I wanted to see if the drawings were all right," she recalled. "There were a lot of artists who had done the same thing." Her waitress job came to an end when she struggled to adapt to new electronic touch screen registers, so Ms. Schuster gave up her apartment in Queens and made a permanent move back to Iowa. Being an artist in the college town is different from being one in New York, and Ms. Schuster intends to keep her rented storage unit indefinitely — keeping a toehold on the big city. "I will never not be in New York because this is where I started," she said. "It's home." Copyright 2013 Dow Jones & Company, Inc. All Rights Reserved This copy is for your personal, non - commercial use only. 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Ron Mavrias, Secretary HOUSING TRUST FUND ACCEPTING APPLICATIONS Private Citizen John Warren, Treasurer Bergan Paulsen The Housing Trust Fund of Johnson County is currently offering $200,000 in funding to --------- - - - ~ ~~ support the development and/or rehabilitation of housing for income qualified Jerry Anthony, University of households. Note: Funding will be awarded to applicants who support housing Iowa, Urban & Regional Planning development or activities for low income households (80% or below AMI), but Robert Brooks, University of preference may be given to projects that benefit extremely low income households Iowa Building and Landscape (30% or below AMI). Eligible applicants include businesses, nonprofits, builders, Services developers, and governmental agencies seeking funds for owner- occupied, affordable Crissy Canganelh, Shelter House rental, transitional or emergency housing in Johnson County. Funds must be used by Maryann Dennis, Ex- oficio December 31, 2014. The application deadline is 5 p.m. on Wednesday, March 20'h, The Housing Fellowship 2013. An application, AMI guidelines, and additional information may be found online Kirsten Frey, Kennedy, Cruise, at www.htfjjc.org or by calling 319- 358 -0212. Frey and Gelner Steve Gordon, AM Management Ellen Habel, City of Coralville Chris LeFever, US Bank Tracey Mulcahey, City of North Liberty Phil O'Brien, Lepic Kroeger = Realtors Scott Schroeder, MidWestOne Bank - __3 - - Rod Sullivan, Johnson County Board of Supemisors Larry Wilson, University Heights Citizen Staff Tracey Achenbach, Executive Director Kelly Wetunan, Operations Coordinator 03-07-13 . PLANNING AND ZONING COMMISSION PRELIMINARY FEBRUARY 21, 2013 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, Tim Weitzel MEMBERS ABSENT: John Thomas STAFF PRESENT: Bob Miklo, Karen Howard, Wendy Ford, Sara Greenwood Hektoen OTHERS PRESENT: Mike Wright, Nancy Carlson, Jeff Clark, Pam Michaud, Wally Pelds, Ann Buss, Glenn Siders RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -0 to recommend approval of an amendment to the Comprehensive Plan Central District Plan to change the land use designation from Office Commercial to High Density Multifamily Residential for property located 821 East Jefferson Street. The Commission voted 5 -1 (Eastham opposed) to recommend approval of REZ12- 00030, an application submitted by Jeff Clark for a rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately .465 acres of property located 821 East Jefferson Street with conditions noted in staff report. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Comprehensive Plan Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Eastham said he wanted to talk about an ex parte item. He said he had received an email from a citizen asking about when she would have a chance to comment further upon the developments at College and Gilbert Street and also what parts of the Comprehensive Plan he thought were relevant to this Commission's consideration. He said he could talk to her about procedural things, and he also suggested that she contact the Planning staff. He told her that the 2030 Comprehensive Plan update will be on the agenda March 7th and that update includes the area she is referring to. He said he indicated he probably shouldn't be discussing parts of Planning and Zoning Commission February 21, 2013 - Formal Page 2 of 14 the Comprehensive Plan that are relevant until it comes to public discussion. Miklo added that the current land use plan in place now shows that area as Public. He said the land use map that the Commission will be getting from staff next week as part of the Comprehensive Plan will show that area as Commercial to indicate the direction that City Council has given in terms of their decision to put it on the market as a commercial property. He said the land use map, unless the Commission advises otherwise to the Council, will show the property as Commercial rather than Public. He said staff recommends this item be deferred to March 7m Eastham asked if the update is available now to the public. Miklo said they will put a draft online next week. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to defer public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Swygard seconded. A vote was taken and the motion carried 6 -0. Comprehensive Plan / Rezoning Items Public hearing to amend the Comprehensive Plan - Central District Plan to change the land use designation from Office Commercial to High Density Multifamily Residential for property located at 821 E. Jefferson Street. Miklo said this property is currently Office (CO -1) while the properties on three sides are High Density multifamily and the properties to the north are Neighborhood Conservation, and the properties in the surrounding area are Neighborhood Stabilization Medium Density. He said the reason the office use is shown on the Comprehensive Plan is because that is what's been there since the 1960s. He said given its position midblock, the fact that the property is in the flood plain, and it's an older office building that hasn't been kept up to date with modern technology, staff feels that the Office designation may be obsolete in this location, and it would be appropriate to change it to another designation. He said given the configuration of the block and in conjunction with the applicant's zoning request, staff feels it would be appropriate to designate this for high density multifamily, provided that some of the other concerns in the Comprehensive Plan or policies in the Central District Plan are addressed like trying to achieve different balances of housing in the areas in terms of longer term rentals and owner occupied. Miklo said the applicant has proposed eighteen one - bedroom units, and the reason for the High Density Multifamily (RM -44) request is because that is one of the few zones where a bonus is provided for one - bedrooms. He said the lower density zones that would seem appropriate here could actually result in more bedrooms. He said a Neighborhood Stabilization (RNS -20) zone could result in up to twenty -one bedrooms, but would only allow seven one - bedrooms. He said given the applicant's plan and agreement to a Conditional Zoning Agreement (CZA) that would put some limitations on the design units, staff believes that the RM -44 zone would address some of the issues raised in the Comprehensive Plan about trying to encourage longer term apartments and one - bedroom apartment versus multi- bedroom apartments. Planning and Zoning Commission February 21, 2013 - Formal Page 3 of 14 Miklo said the Commission had asked him to address the issue of open space. He said the Central District Plan recognizes that open space is in shorter supply in this district but also recognizes that compared to new subdivisions the Open Space Ordinance is in place, requiring consideration of new parks. He said it will be difficult to achieve new open space in the Central Planning District because it's a built up neighborhood, the cost of land is higher, and the configuration of some areas doesn't lend itself to a park -like setting. He said this area is well served by some of the larger, community -wide parks like Hickory Hill Park, City Park, and the open space along the riverfront, and in the southern part of the Central Planning District the City is proposing the riverfront park as part of the Riverfront Crossings District. He said the subject area does have better access than other parts of the city to the larger city -wide parks. He said the City has invested in the existing open spaces in the area such as North Market Square Park and College Green Park. He said the question of open space is difficult to address adequately in a built -up neighborhood such as this. Miklo said at this point staff is recommending rezoning of the subject property with conditions on the rezoning that would tie it to the plan showing eighteen one - bedroom units. Freerks asked if with the RM -44 zoning this property could have forty one - bedroom units. Miklo said that would be true if you do not put conditions on it. He said that many units would require structured parking. Freerks asked if that could be done with structured parking. Miklo said it could, but cost -wise would not be feasible. Eastham asked if the RNS -20 were to be considered could the number of units and the number of bedrooms be limited by a CZA. Miklo said it would be if the applicant agreed to those conditions. Freerks opened public hearing. Mike Wright of 225 North Lucas Street acknowledged Jeff Clark's cooperation in working with them and his transparency. He said their neighborhood currently has about eighty -five to ninety - five percent rentals, most likely the majority of which are short-term, which flies in the face of the Central District Plan's discussion of trying to come up with a healthy balance of renters and owner - occupiers. He said he realizes that the City has no incentives to work with developers to work within the Comprehensive Plan to achieve that balance. He said the proposed units will probably mostly be short-term rentals and too high priced to qualify as work force housing He said unless there could be a CZA to make a portion of this work force housing he doesn't know realistically what else is going to come along for this property. He said there are flaws in this project, and he can't quite bring himself to support it. Nancy Carlson of 1002 E. Jefferson Street said she's saddened watching the Dewey Street neighborhood at Planning and Zoning meetings, because it reminds her that her neighborhood was also committed and united when they came before the Commission to get their neighborhood rezoned. She said they were workforce people who loved the neighborhood. She said the Dewey Street neighborhood has both owners and long -term renters. She said because of the zoning rules and regulations, her neighborhood has consistently been degraded to the point where the majority of residents are short-term renters. She said if the Commission and the City are only interested in zoning, it's a simple issue, but if the Commission cares about quality of life, if they want to support the fact that in the Comprehensive Plan it says that the City of Iowa City is a community of neighborhoods and they take that term seriously, then the city needs long -term renters. She said the people who care about and are committed to the neighborhoods are long -term residents, not short-term renters. Planning and Zoning Commission February 21, 2013 - Formal Page 4 of 14 Jeff Clark of 414 E. Market Street said he has tried to present a plan that would accommodate long -term occupants. He said that one - bedroom occupants are likely to stay longer. He said the CO -1 would allow up to seven three - bedrooms on it but it would have to have commercial on the main level, and commercial is not going to be viable at that location. He said there will be more green space with the plan he is presenting. He said he is asking the Commission to approve it. Freerks asked Clark if he has ever thought about work force housing with the City or would think about doing it in general. Clark said many of the work force housing projects that are coming through are taking on grants and Tax Increment Financing (TIF) and that's not something that is available for this project. He said if there was Tax Increment Financing put towards these projects, there's a good possibility that there would be a likelihood for future projects, but at this point there's no free money coming at them and there's a cost to build them. Freerks said it's more of a community commitment because it's public funding, and it's everyone's money that is being put toward them. She said many of the areas near downtown are at eighty -five to ninety - five percent rentals, and that really is not an acceptable percentage. She said she completely understands what the previous speakers are saying about neighborhood and community, and she's not sure how you take care of that with all the university students. She said this can't be accomplished without the university stepping up to the plate as well and offering more housing for the undergraduates. Martin asked what constitutes work force housing. Miklo said it would be housing that is affordable to professions such as teachers, firefighters, police officers. Freerks clarified that it would be people making sixty to 120 percent of the median income. Miklo said it could be either rental or owner occupied. Freerks said it's also so people can live close to where they work. Miklo said they had a proposal and a Request For Proposal (RFP) for work force housing in conjunction with the parking facility that was planned for the St. Patrick's lot. He said they did not get much response. He said they are also working with some State funding programs to help produce some new one - bedrooms and efficiencies that would be available for rent at a level that would affordable in that price range. Eastham said one of the aspects of work force housing is that it tries to provide housing for a specific population group that generally does not include short-term renters or households where the members of those households are full -time students. He said there are a number of publically funded programs which have that as an explicit part of the qualifications. He said there's nothing that says that limiting occupancy to people who are not full -time students can be an entirely separate, stand —alone requirement. Freerks said she's not sure they can do that. Miklo said if the issue of work force housing is going to be addressed in the zoning ordinance, which some communities do, it would have to be something like inclusionary zoning, so putting it on one individual property is not the route to take. Eastham said it eventually comes down to putting it on one individual property. Greenwood Hektoen said the State Code allows them to attach conditions to a rezoning that are to address specific needs generated by this particular rezoning, and she does not believe they can say that workforce housing is being generated by CO -1 to this proposed zoning. Freerks said that to add workforce housing is a process that has to start before this point. She said if someone wanted to pause and look into it would be something to think about, but that's not a stipulation the Commission can attach here. Planning and Zoning Commission February 21, 2013 - Formal Page 5 of 14 Miklo said he heard some frustration about the fact that the City has a Comprehensive Plan that identifies some of these concerns and the City doesn't have the tools to address it. He said he pointed out that the City has done several things over the years to address those concerns in terms of neighborhood stability. He said they created the Neighborhood Stabilization Residential (RNS -12) zone. changed the occupancy limits to three unrelated persons, worked with the university on the UniverCity partnership program, applied conservation districts and historic districts, and made amendments to the occupancy standards and incentives for one - bedroom apartments. He said staff sees this application as a response to exactly what the City said it wanted, including one - bedroom apartments, and more open space. Eastham asked if he had any information about what the effect of those various measures has been. Miklo said it's very positive, because in this neighborhood homes were being taken down or converted to multiple units, and that has now stopped, the nearby conservation district has resulted in buildings that better fit architecturally into the neighborhood, and recent Code amendments have addressed noise issues. He said there have been a lot of positive changes but the question is whether they have gone far enough. Freerks replied that they probably haven't, with the high percentage of rentals, but she would hate to think of what it would be like if all that Miklo referred to above hadn't occurred. Miklo said not every infill development is going to be suitable for single family, and staff feels this is one of them. Pam Michaud of 109 South Johnson said she is really concerned about affordable housing. She said she has heard of other landlords requiring two year leases, and she feels this might attract quieter, more stable residents. She thinks the proposed project is not a bad one. Freerks closed public hearing. Swygard moved to recommend approval of an amendment to the Comprehensive Plan Central District Plan to change the land use designation from Office Commercial to High Density Multifamily Residential for property located 821 East Jefferson Street. Dyer seconded. Freerks said that forty bedrooms based on the proposal the Commission saw last year is not what they want to see here. She said she also knows that this isn't what most people here want to see at this location but CO -1 is not viable here, and it needs to change to something. She said she, too, is conflicted about it in some ways but a label does have to be attached to this piece of property at this time. Martin said the zoning has weighed heavy on her too. She said she asked herself if this is a zoning that allows a lesser evil. She said she thinks she could be comfortable with rezoning with conditions. Eastham said he agrees that continuation of CO -1 for this parcel is not in anyone's interest. He said he thinks the designation of high density, multifamily residential is at least okay since it doesn't imply that the eventual rezoning for this parcel is going to be High Density Multifamily (RM -44). Planning and Zoning Commission February 21, 2013 - Formal Page 6 of 14 Swygard said she doesn't have anything to add that would be contrary to what she's heard so far. She said she agrees that the current zoning doesn't work. Dyer said given the constraints, history, and the turnover and design for the property, perhaps the best use for this land is being proposed. Weitzel said they are seeking a diversity of housing types and options and he thinks all one - bedroom units is a new niche in this area. He thinks that the Comprehensive Plan supports it, and if you look at the existing zoning in the area it supports High Density Multifamily (RM -44.) A vote was taken and the motion carried 6 -0 REZ12- 00030: Discussion of an application submitted by Jeff Clark for a rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately .465 acres of property located on 821 E. Jefferson Street. Miklo reminded the Commission that he had delivered the staff report on this application at last week's meeting. He said the issues are basically the same as the Comprehensive Plan issues. He said staff recommends approval of the rezoning subject to a Conditional Zoning Agreement (CZA) that would ensure that the design of the building and landscaping will generally be consistent with the submitted drawings, and the building will be limited to a maximum of eighteen one - bedroom apartments. Swygard asked if the air conditioners on the balconies will be seen. Miklo said they are somewhat screened. He said he believes these will require minor modification, which is approval that goes through the Building Department. Martin asked if RM -44 is the zoning, even with conditions, and the building is destroyed by an act of nature, could someone come in and build 40 units. Miklo said the CZA supplements the underlying zoning and runs with the property. He said to change the agreement would be the same act as rezoning, which would require coming back before the Commission and getting approval by City Council. Eastham asked if the CZA specifically has to refer to the number of units in the building. Miklo replied that it would be a maximum of eighteen one - bedroom apartments. Freerks opened public hearing. Freerks closed public hearing. Freerks read from a letter by absent Commissioner John Thomas that talked about the goals of the Central District Plan and the importance of open space in stabilizing the neighborhoods and attracting longer term residents. He provided statistics showing that 94 percent of the College Green neighborhood is rental and eighty percent of the resident population is between the ages of eighteen and twenty -four and asked when do we decide that a neighborhood cannot afford more short-term residents, unless new housing for long -term residents is provided in equal or greater numbers elsewhere in the neighborhood. He cited the UniverClty Program and said it doesn't do enough to address the imbalances in the near east side campus area and doesn't address the shortage of long -term rentals. Thomas said that absent a larger neighborhood stabilization strategy aimed at addressing the housing imbalance, workforce housing at 821 East Jefferson would at least be a start in that direction and would also provide long -term rental Planning and Zoning Commission February 21, 2013 - Formal Page 7 of 14 opportunities. Dyer moved to recommend approval of REZ12- 00030, an application for rezoning from Commercial Office (CO -1) zone to High Density Multifamily (RM -44) zone for approximately .465 acres of property located 821 East Jefferson Street with conditions noted in staff report. Weitzel seconded. Swygard said she believed that the applicant has worked with the neighborhood, which is much appreciated, learned a lot about the area in doing that, and made a good attempt at working with the City regarding the incentives for the one - bedroom apartments. She said she thinks this area, between two apartment complexes, is not suitable for single family homes, so an apartment complex is most appropriate here. She said she appreciates the emphasis on work force housing, although she's not sure how that can be achieved at this stage with this property. She said she will be supporting this rezoning. Dyer said she had nothing to add. Martin said her comments are the same as from the Comprehensive Plan discussion. Eastham said it's clear that the Commission and the neighborhood would prefer to have a development that encourages longer term residents. He said he has nothing against students wanting to live in apartments, and in the Riverfront Crossings Plan they made considerable efforts to ensure that there is adequate rental housing for students. He said the increase in the number of younger residents in this area in the last decade bothers him, because he knows they have done a number of things, which Miklo summarized earlier in the meeting, to improve the opportunities for longer -term residents to choose to live in these neighborhoods. He said it's quite possible that those efforts aren't working very well. He said he does appreciate the applicant's interest in having one - bedroom units, which some longer -term residents may be interested in, but he's not sure that's going to pan out. He said personally he thinks that some two- bedroom units might be more attractive to younger professionals in this area. He said he thinks that one of the best uses for this property would be as a neighborhood park. He added that he's been in many communities that spend a lot of money on community parks. Freerks said in order for other communities to do that the community has to have an investment and an ability to want pay to purchase that property. She said there are other ways to introduce green space and amenities that bring people into a community and make them want to be your neighbors long -term. She said one way is roof -top gardens, which surprisingly hasn't been achieved yet here, and other things that use space in a way that is creative but allows for the parking. She said there has to be a bigger commitment to green space on a smaller scale in neighborhoods, and that's a conversation that needs to be had with City Council so they know that this void and deficit exists. Freerks said it's a void that has been documented in these neighborhoods, and squeezing more large buildings like the one to the west of the subject property that completely obliterate the lot doesn't do anything to add to the neighborly functionality of the area. She said lot size and square footage are things that the Commission should readdress and are things they have talked about before that haven't been achieved when they have done changes on the Code, and maybe they need to go a little bit further or figure out other ways to make these neighborhoods livable. Planning and Zoning Commission February 21, 2013 - Formal Page 8 of 14 Eastham agrees that having green space in these neighborhoods would make them more attractive to longer term residents. He said he's not sure about buying into this proposal right now. He said he thinks there are better proposals they can come up with for this parcel. He said paying attention to what happens to infill parcels makes a huge difference in how these neighborhoods continue over time. Freerks said it's a tough lot, dealing with the evils and mistakes that occurred around it. She said she always has to think about what can be achieved in an area in a timely manner before something else might happen. She said the one - bedroom units don't do anything for long -term rentals necessarily, but it's something the Commission has asked for and it's something to try on this parcel. She said she thinks they have a ways to go in how they deal with infill and redevelopment and how they create work force housing and how they create long -term residents in the near neighborhoods, and she thinks that is something concerned people need to bring up with City Council members. Dyer said one possibility would be not to tie the leases for properties to the academic calendar, which would make it harder for students to rent. Weitzel said so much of what is being discussed is not something they deal with on this Commission. Freerks said she thinks density is where it's at. Weitzel said the CZA in this case is keeping density below what it would be otherwise. A vote was taken and the motion carried 5 -1, with Eastham opposed. Freerks said she appreciated Clark working with the neighbors, and she thinks that needs to be done more often, which might result in a better outcome before it gets to the Commission. Setting a public hearing for March 7, 2013 to amend the Comprehensive Plan- Central District Plan to change the land use designation from Multifamily to General Commercial located at the southeast corner of the intersection of Highway 6 and Broadway Street. Miklo said this accompanies REZ13 -00005 because it's currently designated for high density multifamily. He said if the rezoning is to be approved the Commission will have to amend the Comprehensive Plan. Swygard moved to set a public hearing for March 7 to amend the Comprehensive Plan - Central District Plan to change the land use designation from Multifamily to General Commercial located at the southeast corner of the intersection of Highway 6 and Broadway Street. Eastham seconded. A vote was taken and the motion and the motion carried 6 -0/ REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone for approximately 2.31 -acres of property located at the southeast corner of the intersection of Broadway Street and Highway 6. Miklo showed numerous photographs of the property and the area. He explained the various zoning in the area. He said the proposal before the Commission is to change this parcel and the Planning and Zoning Commission February 21, 2013 - Formal Page 9 of 14 one adjacent to it to Community Commercial (CC -2). He cautioned the Commission to consider the zone and not necessarily the specific applicant. He said any change to the Comprehensive Plan or zoning for this property should take into account the sensitivity of this area at such a location as it is transitions to residential. He said staff believes the conditions that were imposed on the previous zoning should also be conditions of this rezoning, and those should address creating an adequate buffer, landscaping, and controlling lighting to minimize any negative effects commercial development on this site would have on its neighboring residential uses. He said staff recommends deferral of this item, during which time staff will work with the applicant on a Conditional Zoning Agreement (CZA) and a site plan. Freerks opened public hearing. Wally Pelds of Pelds Engineering, 2323 Dixon Street in Des Moines, said he is representing Casey's General Stores. He explained they want to build the bigger store with the sub shop. He explained how they want to develop the property and showed the Commission their concept plan. He said staff has indicated what they would like to see is something architecturally unique that doesn't impact the residential, possibly use an iron rail fence with brick pillars and do high trees and low bushes as a buffer. He asked the Commission for feedback on what they would like to see. Freerks said she would agree with all the ideas he presented. She said noise, particularly from beeping gas pumps and the intercom, has been an issue in the past with convenience stores, and the Commission did receive a letter from a concerned neighbor about that issue. Swygard said she thinks lighting is always an issue when that close to residential. Pelds said they will address that issue. Weitzel said it's nice to keep in mind that there might be pedestrian and bike traffic as well as cars. Pelds said they have planned for bike rakes and access off the trail that runs through the parcel. Freerks said signage is also an issue. Eastham said canopy design is important to him because they are tall and quite noticeable from the highway. Pelds explained that they have gone to a softer look with more muted colors. Dyer asked if the area requested for rezoning is green space. Pelds said it actually is going to be modified completely. He said they are proposing to use the open space as detention. Anna Buss, a landlord in Iowa City, spoke about the drug deals and gangbangers who used to congregate in and around the apartments close to the subject parcel. She said that planting bushes or trees in an area that she pointed out to the Commission would just provide cover for illegal activities. She also recommended a street in the area be relocated to make better for fire protection and for safety. She said if the City won't relocate the street, then a fence should be made taller and more hazardous. She would like to see softer rather than brighter lights. She said she has no objections to the Casey's Stores in and of themselves. She said any landscaping and fences in a certain area should not be any taller than two feet tall to prevent people using them for concealing their actions. She said she would also like to talk to someone about putting a fence in to stop the people who are causing trouble from running across the highway to get away. Freerks closed public hearing Planning and Zoning Commission February 21, 2013 - Formal Page 10 of 14 Weitzel moved to defer to March 7th REZ13- 00005, an application submitted by Casey's General Stores, Inc. for a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone for approximately 2.31 acres of property located at the southeast corner of the intersection of Broadway Street and Highway 6. Swygard seconded. Freerks urged Pelds to talk to police about the conditions in that the subject area. Miklo said staff had talked to the police about some of these concerns, and all parties are working to come up with a plan that will meet zoning codes while maintaining a safe area. A vote was taken and the motion carried 6 -0. Rezoning Item REZ13- 00001: Discussion of an application submitted by University of Iowa for a rezoning from Institutional Public (P2) zone to Public /Medium Density Multifamily (P2 /RM -20) zone for approximately 27.8 -acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. Miklo said the applicant has requested that this be deferred until March 21St Freerks opened public hearing. Freerks closed public hearing. Eastham moved to defer until March 21St REZ13 -00001 an application submitted by University of Iowa for a rezoning from Institutional Public (122) zone to Public /Medium Density Multifamily (P2 /RM -20) zone for approximately 27.8 -acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. Weitzel seconded. A vote was taken and the motion carried 6 -0. Urban Renewal Plan Discussion of Proposed Camp Cardinal Urban Renewal Plan for approximately 7 acres of property located north of Melrose Ave between Camp Cardinal Road and Highway 218. Wendy Ford, Economic Development Coordinator for the City, showed the Commission where the subject property is located. She said to establish an Urban Renewal Area the City Council must first pass a resolution of necessity, which is followed by Planning and Zoning reviewing and making a recommendation to Council on whether the plan conforms to the Comprehensive Plan. She said they are also required to hold a consultation with the other taxing entities. She said this is required because an urban renewal plan enables a city to institute a Tax Increment Financing (TIF) district. She explained that there is not a project yet that would be requesting a TIF. Ford said the economic well -being goals outlined in the Comprehensive Plan that are particularly relevant are "to diversify and increase our property tax base," and because this area Planning and Zoning Commission February 21, 2013 - Formal Page 11 of 14 is zoned as Office Research Park (ORP), it would be especially well- suited for an office building, the type of which we seem to need in this community and one which could potentially be a thirty to fifty thousand square foot office building and hold several hundred employees. She pointed out that Iowa City is competing with its neighbors as well as with the region in general for businesses that are always looking for the best deal they can get. Having this type of office development area in this location would allow Iowa City to be more competitive. She said employment opportunities could increase also. She said a number of employers have very specific requirements for where they can be located and the most frequently requested areas are near Highway 218 and the interstates because much of the workforce commutes in from all directions. She said in the Comprehensive Plan it states that "we want to maintain and have areas that are suitable for future industrial and commercial development." She said this area is part of the Northwest Planning District, from which she has quoted in the report provided to the Commission in the paragraph that talks about this area in the Plan and how it is appropriate for this type of development. Ford said the objectives of the Camp Cardinal Urban Renewal Area are primarily to expand the tax base in the community, to provide opportunities for employment growth in the area and to be able to provide financial incentives if we are presented with a project that City Council would then deem to amend into the Plan in the future. She reiterated that at this point there are no projects slated for the area, and if and when there are, they would be presented for Council to consider and the Plan would have to be amended to include the project, its time frame and the amount of assistance the project would merit. Greenwood Hektoen said those Plan amendments for urban renewal area projects don't come back to Planning and Zoning but go directly to Council. Ford added there opportunity for public involvement and input on those projects, as well. Ford says in continuing the process, after Council has adopted the resolution of necessity and the taxing consultation, Planning and Zoning reviews and recommends a public hearing, scheduled for March 5th unless the Commission decides they want more time to consider the Plan. She said the owner of this parcel is Southgate Development, and they initiated the establishment of an urban renewal area in order to improve the marketability of the lot and thus compete for business. Eastham asked if the Clear Creek Master Plan is part of the Comprehensive Plan. Miklo said it was adopted by resolution by the Council and includes a land use plan to guide development of the area. He said it also has the same policies as the Northwest District Plan. He said it may not officially be part of the Comprehensive Plan, but they treat it as such. Eastham said he noticed that it's not on the City's website in any of the components that make up the Comprehensive Plan. He asked if they had completed a plan for the Northwest Planning District. Miklo said there are policies in the larger plan itself but they have not completed a detailed district plan because of its low priority given that the bulk of the district is owned by the university or covered in the Clear Creek Master Plan. Eastham asked for clarification about the zoning on the subject parcel. Miklo said it is shown in the Comprehensive Plan as Office Research Park. He said the Clear Creek Master Plan is treated as serving as the Comprehensive Plan for this area because it was recommended for approval by the Planning and Zoning Commission and adopted by Council resolution as guidance for this area. He said it shows an area of commercial zoning along the Interstate and notes that the type of suitable commercial would be office to provide a buffer from Highway 218 to what is hoped to be a residential neighborhood in the future. Glenn Siders of Southgate Development Services said the area they are asking to be designated as Urban Renewal does have all infrastructure in place and is ready to build. Planning and Zoning Commission February 21, 2013 - Formal Page 12 of 14 Freerks asked Ford who showed up at the taxing consultation meeting earlier in the day. Ford responded that no one had. She said letters of invitation and the meeting notice were sent to Steve Murley of the school district and Andy Johnson.of the county, and this is the second time a taxing consultation meeting has been attended by no representatives of the taxing entities. Miklo said perhaps they had no concerns because the City uses TIF so judiciously. Freerks asked for a recap on how quickly TIFs are paid back in our community. Ford said Iowa City's use of TIF per capita is thousands of dollars less than some of its neighbors. She said the City takes pride in ensuring that the projects it assists with TIF pay that back and more in the property taxes they generate for the City. She said the shining example is the Plaza Towers project from a few years ago that requested a construction loan up front for about six million dollars. Ford said the building was constructed, and the City paid off the six million plus another five million in interest about twelve years earlier than the amortization schedule suggested simply because the project was so successful and the taxes coming in were higher than estimated. She said the City has not taken one extra dollar above the amount needed for the projects themselves. Eastham asked if Plaza Towers is assessed by value or income. Ford said the assessors use a combination of value and income and comparable sales or sales of units that have happened within the building. Eastham said Ford had categorized the project as very successful so property taxes were paid more quickly than the original schedule, so what was the basis for the valuation that made advanced payment possible. Ford suggested the preliminary estimates of the value of the building were low and when the building was finished and units began to sell for more than expected, assessments went up, which contributed to a greater increment than expected and allowed the City to pay off the bond sooner. Eastham asked again how the Assessor values the building. Ford replied that she could check with Assessor on his exact method for valuing Plaza Towers. Weitzel moved that the Commission forward a written recommendation to City Council stating that the Camp Cardinal Urban Renewal Plan conforms to the Iowa City Comprehensive Plan, the general plan for the city as a whole. Swygard seconded. Eastham said the Comprehensive Plan could be interpreted as being in support of establishing an Urban Renewal Area. He said you could also say that the Comprehensive Plan really has not matured to the point where it can support such an area because there's no designation in this area of land uses right now. Miklo said there is a land use map on the Comprehensive Plan that shows this as Office Research Park. Eastham said he understands that, but they haven't done a more detailed district plan. He said he thinks it's not untoward to wonder whether this is a bit premature. Freerks said she wouldn't think we would need a Comprehensive Plan for each area before we would allow something to happen there, so for her, that wouldn't be a deterrent. She said she thinks there was a lot of thought and work put into the Camp Cardinal Master Plan and that she thinks it is supported by the Comprehensive Plan under economic development. She said she's not always a huge TIF fan, but she does think it has its place and Iowa City is careful in how it uses TIF, and she would support this particular instance. Planning and Zoning Commission February 21, 2013 - Formal Page 13 of 14 A vote was taken and the motion carried 6 -0. Other Adjournment Consideration of Meeting Minutes: February 4 and February 7, 2013 Dyer moved to adopt. Weitzel seconded. A vote was taken and the motion carried 6 -0. ADJOURNMENT: Weitzel moved to adjourn. Swygard seconded. The meeting was adjourned on a 6 -0 vote. 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