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HomeMy WebLinkAbout2014-12-31 Info PacketCITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY December 31, 2014 www.icgov.org IPI Council Tentative Meeting Schedule JANUARY 6 WORK SESSION MEETING IP2 Work Session Agenda IP3 Memo from Neighborhood and Development Services Dir.: Riverfront Crossings and Inclusionary Housing IP4 Memo from City Manager: ICCSD Housing Letter of 10/13/2014 IP5 Memo from City Manager: January 13th Work Session IP6 Memo from City Clerk: KXIC Radio IP7 Pending Work Session Topics DRAFT MINUTES IP8 Charter Review Commission: December 23, 2014 Draft minutes of CPRB (Citizens Police Review Board): December 3, 8, 29 [Distributed as late handout 1/5.] 1 ' & CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY December 31, 2014 www.icgov.org IPI Council Tentative Meeting Schedule JANUARY 6 WORK SESSION MEETING IP2 Work Session Agenda IP3 Memo from Neighborhood and Development Services Dir.: I Inclusionary Housing IP4 Memo from City Manager: ICCSD Housing Letter of 10/1 2014 IP5 Memo from City Manager: Janu ry 13th Work Session IP6 Memo from City Clerk: KXIC Radio IP7 Pending Work Session Topics DRAFT WINUTES IP8 Charter Review Commission: DecemXer 23, 2014 n Crossings and l -13=3T--14 IN City Council Tentative Meeting Schedule 3 M��� Subject to change December 31. 2014 CITY OF IOWA CITY Date Time Meeting Location Tuesday, January 6, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Saturday, January 10, 2015 8AM-5PM Special Budget Work Session Emma J. Harvat Hall (Department Presentations) Monday, January 12, 2015 1:00-7:OOPM Special Budget Work Session Emma J. Harvat Hall (CIP Presentations) Tuesday, January 13, 2015 5:00 PM Special Work Session (equity) Emma J. Harvat Hall Tuesday, January 20, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, January 26, 2015 4:30 PM Joint Meeting / Work Session IC Public Library Monday, Feburary 9, 2015 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting 7:00 PM Special Formal Meeting Monday, February 23, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Monday, March 9, 2015 5:00 PM City Conference Board Meeting Emma J. Harvat Hall Work Session Meeting 7:00 PM Special Formal Meeting Monday, March 23, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 7, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 21, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 5, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 19, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Formal Meeting 231-1 IP2 1 k i wr ®; CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org City Council Work Session Agenda January 6, 2015 Emma J. Harvat Hall - City Hall 410 E. Washington Street 5:00 PM ■ Questions from Council re Agenda Items ■ Discuss Affordable Housing Riverfront Crossing and inclusionary zoning [IP # 3 of 12/31 Info Packet ] ICCSD housing letter [IP # 4 of 12/31 Info Packet ] ■ Information Packet Discussion [December 23, 31] ■ Discuss format of the January 13th work session [IP # 5 Info Packet of 12/31] ■ Council Time ■ Meeting Schedule ■ Pending Work Session Topics [IP # 7 Info Packet of 12/31] ■ Upcoming Community Events/Council Invitations r -- CITY OF IOWA CIT 1P3 CITYIOWA CITY MEMORANDUM UNESCO CITY OF LITERATURE Date: December 15, 2014 To: Tom Markus, City Manager From: Douglas Boothroy, Director Neighborhood and Development Services Re: Riverfront Crossings and Inclusionary Housing At the time it adopted the Riverfront Crossings Form -Based Code, the City Council requested that staff meet with stakeholders (i.e. developers, affordable housing advocates, etc.) to determine whether or not the Riverfront Crossings Code should be amended to require affordable housing as an integral part of any new residential development. The current Riverfront Crossings Form -Based Code does not require the inclusion of affordable housing. It does, however, provide development incentives (e.g. density bonuses) for affordable housing. Background The fundamental purpose of an inclusionary housing upzoning requirement is to provide a minimum percentage of affordable housing units as an integral part of new residential development. To achieve this goal, incentives are commonly provided to the developer for the inclusion of affordable housing. Inclusionary housing policy is one tool cities have used to: 1) increase production of affordable housing; 2) establish a relatively permanent stock of affordable housing units; and, 3) promote mixed income neighborhoods. As a `stand-alone' strategy, inclusionary housing policy is not a panacea for attaining a community's housing aspirations or solving a community's housing challenges. It does not guarantee the production of affordable housing units or the location of affordable housing units in a given school attendance area. Because inclusionary housing promotes affordable housing in new residential development, affordable housing units are produced only to the extent that overall development proceeds. However, such policy can be useful when employed as one component of a broader and more comprehensive strategic approach. For example, one such policy that requires `scattered site' housing is the 2011 Affordable Housing Location Model, which requires publically-funded affordable housing to be located in neighborhoods and elementary school attendance areas which do not have a concentration of affordable housing. A description of the Affordable Housing Location Model, in addition to other existing Policies, Codes and Programs which in combination form a comprehensive approach to encourage development and preservation of affordable housing, is attached. Inclusionary housing policies have been found to be most effective when they are: • Mandatory; • combined with meaningful developer incentives; and • required in areas of the community that have the potential for substantial new residential growth (such as Riverfront Crossings). Developer incentives/benefits have been found to be most effective when they: • are meaningful; • are achievable; • offset the profits lost on below -market -rate affordable units; and 0 do not impact the price and supply of market -rate units. December 18, 2014 Page 2 Inclusionary housing works only when the policy provisions make sense — financially and otherwise — to the development community. Developer involvement is essential to the process of creating a practical, workable inclusionary housing policy. Absent this involvement, barriers to implementation and enforcement are more likely to occur. Benefits The City's recent adoption of the Riverfront Crossings Plan and Form -Based Code has created a "Neighborhood of Opportunity" in Riverfront Crossings. All parties (private and public) will benefit from these City actions, even without inclusionary affordable housing. However, because Riverfront Crossings upzonings provide a significant increase in the development capacity of this area, a favorable inclusionary housing environment, unique to this time and place, has been created. The potential now exists for the public benefit of mixed income housing to become a reality in this area. Landowners and developers in Riverfront Crossings will benefit from density increases, building and site design flexibility, mixed uses, and options for financial support (such as Tax Increment Financing - TIF). Furthermore, they will benefit from significant public infrastructure investment, including the creation of a major riverfront park amenity for the area. The community will benefit from Riverfront Crossings through the creation of an economically vital, mixed income, mixed use, pedestrian friendly, sustainable neighborhood located near downtown. A case can be made that affordable housing will further enhance the public benefit and that by requiring inclusionary housing, the City is engaging in a mutually beneficial reciprocal exchange with landowners/developers. The Riverfront Crossings land use changes and upzonings, as well as other public initiatives, will increase land value and redevelopment opportunities. Because this increase in land value and development capacity is directly attributable to the City's actions, consideration should be given to recapturing a portion of the increased value/development capacity to benefit the public. When a landowner/developer benefits from public action (such as upzoning, infrastructure upgrades, density bonuses, etc.), it is reasonable to expect that public benefits (such as affordable housing) are extended to the community, as well. Affordable housing is identified as a goal in several of the City's guiding documents: Riverfront Crossings Plan, Form -Based Code, City's Strategic Plan, City STEPS, and other policies and programs noted in the attachments. Requiring inclusionary affordable housing to be tied to upzonings and/or TIF financial assistance should be considered a quid pro quo for recapturing some of the public benefits/value assigned to the land in Riverfront Crossings. Initial Stakeholder Input Staff has held meetings with various stakeholders to discuss the possibility of requiring affordable housing in Riverfront Crossings in exchange for upzoning and/or use of TIF financing. The stakeholders included the Chamber's Local Government Committee and representatives of for-profit developers, the Homebuilders Association, non-profit developers, and affordable housing advocates. Stakeholder discussions were positive and productive. Participants agreed on two general principles. First, that any time the City participates financially in a residential development project, a minimum of at least 10% of the units must be affordable/workforce housing. Second, that if inclusionary housing were to be required in Iowa City, it should be limited to Riverfront Crossings because of the significant land use changes and development capacity provided by the City. The for-profit developers were not convinced that the upzonings and other beneficial incentives would offset the cost of providing below -market -rate housing. In their view, any inclusionary housing program must be designed so that the incentives/benefits offset the costs associated with both construction and subsequent rental or sale income of the affordable units. They December 18, 2014 Page 3 indicated they may be able to support inclusionary housing requirements if the amount of housing leveraged and the incentives provided result in no net cost to the developer. Stakeholders generally agreed that if inclusionary housing can work in Iowa City, Riverfront Crossings is the "neighborhood of opportunity" for its success. All participants expressed interest in maintaining stakeholder involvement in future discussions. The following participants volunteered to work with staff as members of an ad-hoc work committee. Tracy Achenbach, Housing Trust Maryann Dennis, Housing Fellowship Chad Keune, Homebuilder Association President, 2014 Brad Langguth, Hills Bank & Trust Scott McDonough, Iowa Valley Habitat Chair, 2015 Sally Scott, Affordable Housing Coalition Glenn Siders, Siders Development Recommendations Recommendation #1: (effective immediately) Any time the City participates financially in a residential development project, a minimum of 10% of the units must be designated for affordable housing. In the case of an all -student -housing project, the City may consider a fee in lieu of the provision of affordable housing. Recommendation #2: Staff should convene an ad-hoc work committee to study and develop, for City Council consideration, a proposed inclusionary housing upzoning requirement for the Riverfront Crossings area. This committee will include individuals who have a broad range of housing expertise and experience, including the volunteers listed above. The committee would be expected to complete its work in 3-4 months. Caveat: The design and ultimate adoption of an inclusionary housing requirement for Riverfront Crossings will be a challenge for all involved. As you know, over the past twenty years, inclusionary housing has been discussed and recommended, but it has failed to see any political traction. Further study of this issue will be worth the investment of committee and City Council time only if there is genuine interest in pursuing an inclusionary housing requirement. Out of respect for potential committee members' time and goodwill, it is critical that a majority of Council be willing to give serious consideration to the recommendations of an ad-hoc committee. ATTACHMENTS 1. Existing Policies, Codes and Programs that encourage affordable housing 2. Table I: Housing Choice and Veterans' Supportive Services Voucher Utilization 3. Table II: Inventory of Subsidized Housing, Johnson County, IA 4. 2011 resolution approving the Affordable Housing Location Model December 18, 2014 Page 4 EXISTING POLICIES, CODES AND PROGRAMS THAT ENCOURAGE AFFORDABLE HOUSING Iowa City has addressed affordable housing with a myriad of policies, codes and programs which have combined to encourage affordable housing and a diversity of housing in our neighborhoods. Policies that have been adopted in documents such as the Comprehensive Plan provide the basis for Zoning Code and other code provisions, and the basis for a variety of programs which help support affordable housing, both renter and owner -occupied. POLICIES 2013 Comprehensive Plan The Comprehensive Plan supports housing diversity in neighborhoods, and encourages the development of smaller lots that conserve land and allow for more affordable housing options. The Comprehensive Plan also explicitly supports programs and funding for housing maintenance and rehabilitation. These goals are carried over from the 1997 Comprehensive Plan, and similar goals are identified in the City's District Plans (which are subsets of the Comprehensive Plan). As far back as the 1989 Comprehensive Plan, support for density bonuses to encourage provision of affordable housing was identified as a goal. 2014 Strategic Plan The Strategic Plan states that the City should define and address affordable housing options in the community, should avoid proliferation of low income housing concentrations, and should pursue strategies to facilitate mixed income neighborhoods. As a Healthy Neighborhoods strategy, the Strategic Plan emphasizes evaluating programs and methods to promote affordable housing. 2004-05 Scattered Site Housing Taskforce This City -sponsored taskforce made several recommendations including a scattered -site policy to ensure distribution of assisted housing, and to avoid the concentration of assisted housing. The Taskforce was formed after the City Council received a letter from the School Board "requesting that the Council in its policy considerations carefully review locations of future affordable housing." This scattered -site policy eventually resulted in the creation of the Geographic Information System (GIS) map -based strategy (2011 Affordable Housing Location Model) which uses geographic criteria to help determine appropriate locations of City -funded affordable housing. 2007 and 2014 Affordable Housing Market Analysis The 2007 Affordable Housing Market Analysis was a consultant -led study of demographics, housing costs, and cost burden information for the metropolitan area. It included recommendations for increasing the supply of affordable housing. In 2014, the MPO of Johnson County updated much of the information with available data. 2008-09 MPO Affordable Housing Taskforce In 2008-09 the MPO of Johnson County (MPOJC) sponsored a taskforce including representatives from Iowa City and other MPOJC-member entities. This taskforce made recommendations to the MPO Board, which were copied to each of the MPOJC-member entities. December 18, 2014 Page 5 CODES Codes, or regulations, are requirements adopted through a legislative process through which Iowa City is provided with the tools to encourage (through the use of incentives) or require (through regulations) affordable and/or diverse housing in new development. 2005 Zoning Code The Zoning Code has been amended over the years several times, most significantly in 2005, to encourage more affordable housing, and diversity of housing in neighborhoods. These amendments have included allowing mixed-use (residential) development in more commercial zones, to allow duplexes on corner lots in single family zones, to allow smaller lot sizes in single family zones, to allow mixed-use and mixed housing types in planned developments, to allow accessory apartments, and to exempt up to 30% of dwelling units in the CB -10 and CB -5 zones from parking requirements provided those units are part of an affordable housing program. In combination, these zoning code provisions have resulted in a more significant mix of housing types, sizes, and locations than was previously possible. The recent Riverfront Crossings Form Based Code allows a building height increase if 15% of units are for affordable or workforce housing, tying an increase in density to provision of affordable housing. 2002 Aging in Place and Universal Design Requirement In 2002, Iowa City Amended the International Residential Code to require Universal design in residential construction using public funds. All dwellings funded with public funds are required to be constructed using Universal Design techniques, which allows for `Aging in Place' and for these dwellings to serve a greater cross-section of the population. 2011 Affordable Housing Location Model In 2011, Iowa City adopted use of the Affordable Housing Location Model, a map -based model used to encourage `scattered -site' affordable housing. The model is used for affordable rental housing projects funded with CDBG, HOME and City funds to not allow additional publically- funded affordable housing in neighborhoods which are considered `over -burdened;' and to encourage affordable housing in other neighborhoods. Two of the three stated goals for this model are that "the City does not want to further burden neighborhoods and elementary schools that already have issues related to a concentration of poverty;" and the "City desires to have diverse neighborhoods in terms of a range of income levels." In developing the criteria for the model, the City asked ICCSD what data/factors were important. The District stated that three factors were important including Free and Reduced Lunch (FRL) rates, mobility, and test scores. The City took the District's input and made it part of the model. Many cities have contacted Iowa City about use of the model, and the Kirwan Institute for the study of Race and Ethnicity at The Ohio State University has told staff the City's Model could be used as a national model on de -concentration. To our knowledge, Iowa City is the only City in Iowa which uses such a model. The resolution approving use of the Affordable Housing Location Model is attached. December 18, 2014 Page 6 HOUSING PROGRAMS Iowa City participates in a multitude of housing programs which collectively have a significant impact on affordable and workforce housing. These programs range from federally -funded programs which Iowa City participates in through the Iowa City Housing Authority (ICHA) to state and locally -funded programs. 81 Public Housing Units Iowa City currently owns 81 public housing units, which are managed by the Iowa City Housing Authority (ICHA). The Public Housing Program started in 1982, and Iowa City has owned and managed public housing units since that time. 1,272 Vouchers ICHA administers 1,215 Housing Choice Vouchers (HCV) and 57 Veterans Affairs Services Housing (VASH) Vouchers. As of December 16, 2014, 1,260 of these vouchers are being utilized in the ICHA jurisdiction (see Table I for voucher locations, by City). In 2014, ICHA paid out $6.1 million in payments (federal funds) through the voucher programs. It is worth noting that the voucher programs are clearly `scattered -site' in that the household is able to seek housing from any landlord, in any City/neighborhood. ICHA has administered some form of rental assistance program since 1969. 1,462 Subsidized Housinq Units There is an inventory of 1,462 subsidized affordable housing units in Johnson County (see Table II for locations, by City). The majority of subsidized units are in Iowa City. Of the subsidized units, 779 are designated for seniors and/or persons with disabilities. These projects are subsidized by a variety of funding sources. GRIP Housing Rehabilitation Program The General Rehabilitation and Improvement Program (GRIP) is a low-interest loan program targeted to low and moderate income households using local funds. Loans are provided to homeowners who need to make repairs to their homes, which allows for preservation of owner - occupied housing stock. In FY14, Iowa City utilized $206,473 through the GRIP* Program. Other CDBG/HOME projects In the last completed year (FY14), Iowa City utilized $650,299 on 21 HOME housing projects. Projects included: • Tenant -based rental assistance • Owner -occupied housing rehabilitation* • Rental rehabilitation (HACAP and Housing Fellowship) • Acquisition of rental units for frail seniors and persons with disabilities • Operating expenses for the Housing Fellowship to maintain and manage their affordable rental housing In FY14, Iowa City utilized $273,712 on CDBG* housing rehabilitation projects for income - qualifying owner -occupied homes, and $10,000 for rehabilitation of two Habitat for Humanity homes. * In total, the GRIP/CDBG/HOME housing rehabilitation programs have assisted 115 homeowners in the past three years. December 18, 2014 Page 7 38 UniverCity Neighborhood Partnership Homes The UniverCity Neighborhood Partnership is a program to acquire rental homes, renovate them, and sell them as owner -occupied housing. To date, 38 homes have been renovated and sold. 141 Single Family New Construction Homes The State's Single Family New Construction Program resulted in 141 homes being constructed and sold in Iowa City to income -qualifying households. Homeownership Programs The homeownership programs administered by the ICHA include the Housing Choice Voucher Ownership Program, the Tenant -to -Ownership Program, and the Affordable Dream Homeownership Program. Eighty-nine (89) families moved into homeownership through these programs. In addition sixty-three (63) 63 graduates of the Family Self -Sufficiency program (FSS) moved on to home ownership, forty-seven 47 of them independent of any other Housing Authority Program December 18, 2014 Page 8 Table I: Housing Choice (HCV) & Veterans' Supportive Services (VASH) Voucher Utilization Iowa City Housing Authority Jurisdiction (as of 12/16/14) Households Households Number % With Minors With Minors Iowa City, IA 864 69% 325 38% Coralville, IA 207 17% 95 46% North Liberty, IA 134 10% 68 51% Solon, IA 16 1% 1 6% Oxford, IA 11 1% 4 36% Tiffin, IA 7 1% 4 57% Lone Tree, IA 5 0% 2 40% Hills, IA 5 0% 3 60% Riverside, IA 4 0% 2 50% Wellman, IA 3 0% 0 0% Amana, IA 1 0% 0 0% North English, IA 1 0% 0 0% West Liberty, IA 1 0% 0 0% Williamsburg, IA 1 0% 0 0% TOTAL 1260 100% 1 504 December 18, 2014 Page 9 Table II: Inventory of Subsidized Affordable Housing, Johnson County, IA Effective November 5, 2014 Iowa City Location # of Units Aniston Village Iowa City 22 Berry Court Iowa City 14 Builders of Hope Iowa City 7 Citizen Building Iowa City 18 Concord Terrace Iowa City 30 Corridor Woods Iowa City 8 Emerson Point Iowa City 54 Hawkeye Community Action Program Scattered Sites (Iowa City) 51 ISIS Scattered Sites (Iowa City) 10 Lexington Place Iowa City 30 MECCA Iowa City 12 Melrose Ridge Iowa City 15 Peninsula Iowa City 10 Pheasant Ridge Market Rate Iowa City 17 Regency Heights (1010) Iowa City 36 Regency Heights (1060) Iowa City 38 Successful Living Scattered Sites (Iowa City) 18 System Unlimited Group Homes Iowa City 18 The Housing Fellowship Scattered Sites (Iowa City) 93 Whispering Garden Iowa City 12 Autumn Park Apartments Iowa City 64 Capitol House Iowa City 81 City of Iowa City Public Housing Scattered Sites (Iowa City) 81 Ecumenical Towers Iowa City 81 Pheasant Ridge Apartments Project Based Iowa City 231 System Unlimited Group Homes Iowa City 48 Subtotal 1099 North Libert Savannah Village North Liberty 28 Corridor Woods North Liberty 14 Country Living Apartments North Liberty 16 Farkus Apartments North Liberty 4 Jefferson Point North Liberty 60 North Front North Liberty 24 North Liberty Living Center North Liberty 80 North Liberty Park North Liberty 24 Penn Oaks North Liberty 36 Subtotal 286 Coralville Coral Village Coralville 57 Subtotal 57 Solon Solon Community Housing Solon 20 Subtotal 20 TOTAL JOHNSON COUNTY 1462 December 18, 2014 Page 10 Prepared by Jeff Davidson, KO, 410 E- Wast*Vton St., lona Guy, to 52240 (319) 3W5232 RESOLUTION NO, RESOLUTION ADOPTING IOWA CITY'S AFFORDABLE HOUSING LOCATION MODEL WHEREAS, the City of Ima City is an entitlement community for the use of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) furxls to assist lo%w-income residents with housing, jobs and services; WHEREAS, the City Council has idea ftd three specific goats and concerns regarding the location of affordable housing In Iowa City; WHEREAS, one goattconcem is that the City does not want to further burden neighborhoods and elementary schools that already have issues related to a concentration of poverty; WHEREAS, a second goal/concern Is the City desires to have diverse neighborhoods in terms of a range of Income levels; WHEREAS, a third goaltconown is to determine the views of the Iowa City Community School District (ICCSD) on the affordable housing Issue; WHEREAS, the ICCSD Superintendent told City staff that low income students, indeed all students, do better when there is a mix of income levels and that the ICCSD could provide data on three factors it views as significant in assessing whether there is such a mix; mobility, test results, and freetreduced lunch percentage; WHEREAS, in order to address these three goalslconcems, seven factors were identified, including three factors recommended by the ICCSD; WHEREAS, one factor is the distance to existing subsidized and assisted housing (namely, transitional, rental, shelter and public housing units) locations excluding projects developed for the elderly and persons with disabilities; WHEREAS, a second factor is the median household income based on U.S. Census data; WHEREAS, a third factor is the change in residential sate prices based on records of the Iowa City Assessor's Office; WHEREAS, a fourth factor is mobility data represented by the rate of annual turnover at each elementary school as provided by the ICCSD; WHEREAS, a fifth factor is the elementary schoo! academic performance as indicated by Iowa Tost of Basic Skills (ITBS) scores as provided by the ICCSD; WHEREAS, a sixth factor is the free and reduced lunch percentage at each elementary school as provided by the ICCSD; WHEREAS, a seventh factor is mime density based on calls for service to the lova City Police Department pertaining to drugs, most alcohol offenses, property crimes, and personal Injury, December 18, 2014 Page 11 Resolution No. _ILzj� Page 2 AREAS, with the exception of erne dorksity. each of the data reflects the goats/concerns identified by Council; WHEREAS, crime density is inciuded because persons assisted with furiding befit from ung in areas where crime Is lass prevalent; WHEREAS, some of the seven factors more directly further the goa ls/conoems than others and thus the factors should be weighted based on their relative significance; WHEREAS, the distance to existing assisted rental housing is the most effective vmy to scatter affordable houses and avoid conceenb*ions of assisted rental housing and should be given the most weight; WHEREAS, in order to scatter affordable housing and avoid con=centrations of assisted rental Ding, new assisted rental housing should be located at least 400 feet, or approximately one city block, from existing subsidized and assisted rental housing; WHEREAS, mobility should to weighted the highest of the three ICCSD factors because ICCSD administrators omphasizod that it was the most important of the throe factors; WHEREAS, weighting of the factors should be as follows: 40% - distance to existing assisted rental housing, 209 - elementary school mobility rate, 10% - mecism household Income, 10% - change in residential sate prices, 10% - crime density. 5% - elementary school dTBS performance, and 5"% - elementary school free and reduced lunch rate; WHEREAS, the factors are appropriately weighted in accordance with the relative signifxcarwe of each as Identified by the City Council and the lovra City Community School District administration; and WHEREAS, the seven factors and their respective weights further City Council's three goalstooncerns; WHEREAS, using Geographic Information System (GIS) software. the City was divided into 80 foot by 80 foot squares, or pExels, WHEREAS, the corresponding data set for each factor was assigned a score for each squama, the scores for said factors were there weighted and added together to create a composite score for each sere throughout the City; WHEREAS, a threshold score should be determined. below which funding should not be available, that assures now assisted rental tubus°ng projects will not be funded vftin 440 feet of existing assistodts idize d rental horsing: WHEREAS, the threshold sire for each 80 foot by 80 foot square is shaven on the attached map entittext "Affordable Hoishhg Location Model," and each square with a score beeknv the threshold score is a location where funding should not be available; WHEREAS, the attached "Affordable Housing Location Model' furthers City Councirs three goalstconewns; WHEREAS, tate City should not restrict the location of funding for owne:r•oowpied housing because of the positive effect of home"vnembip on ne=ighborhoods; December 18, 2014 Page 12 Resolution No. i i - s r Page 3 WHEREAS, the City should not restrict the location of funding for rehabilitating existing rental housing because providing funds will revitalize, stabilize and Improve existing affordable rental housing and will not increase the number of rental units. and WHEREAS, the City should rwt restrict the location of finding for projects for the elderly and persons with disabilities because these units have little or no impact on the schools. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached AHordabfe Housing Location Model is hereby approved and adopted for use in all progtw%s and projects funded with CDBG, HOME, and discretionary City funds as follows: a) The model is amicable to rental housing projects for new construction and acquisition excluding assisted renal housing projects for the elderly or persons with disabilities, The model is not applicable to new construction or acquisition of owrver-occupied hous"I • c} The model is not applicable to projects to rehabilitate existing renal housing or owner - occupied housing. 2. The model shad be updated annually by November 1 beginnirV November 1, 2011. Passed and approved this i *irh day of ES ritary 2011. MAY/OR `" G-'..�— Approved by ATTEST: CITY CLERK City Attorney's Office ` * At .�;. CITY OF IOWA CITY UNESCO CITY OF LITERATURE CITY OF IOWA CITY MEMORANDUM Date: Date: December 31, 2014 To: City Council From: Tom Markus Re: ICCSD's Housing Letter of 10/13/2014 Introduction: You are scheduled to discuss the School District's Letter to Elected Officials dated October 13, 2014 at your work session of January 6, 2014. While this letter was directed to all municipalities within the ICCSD, the City of Iowa City has been engaged in a conversation with the District regarding the location of affordable housing for a number of years and has responded to the District's concern with a number of initiatives, including the formation of a Scattered Site Housing Task Force and creation of the Affordable Housing Location Model that is used for affordable rental housing projects receiving financial assistance from the City. As you begin your discussion of the School District's recent request, staff believes it is important to review the history of these initiatives, particularly for those of you that are new to the City Council. Socioeconomic diversity in our neighborhoods and schools has many social, educational, and cultural benefits, and the City supports initiatives that can improve this diversity. However, while the concerns expressed in the School District's letter are understood and the goal of greater socioeconomic balance across the District is laudable, the solutions proposed are decades' long processes whereas the detrimental effects of the current imbalance are immediate. As you know, we are currently contemplating an inclusionary zoning ordinance for Riverfront Crossings as a first step. However, I would caution anyone against believing that this will be a panacea for socioeconomic imbalance in our community or the School District's attendance areas.. Inclusionary zoning by definition is tied to new development and thus positive effects would be realized in growth areas, not in the established neighborhoods impacted by socioeconomic imbalance. In fact, some of the growth areas in Iowa City are located in elementary school attendance areas that already have a disproportionate percentage of low to moderate income households, for instance new development near Terry Trueblood Recreation Area. Thus, requiring more affordable housing in these areas may increase the total availability of affordable housing but has the potential to exacerbate the socioeconomic imbalance of some schools. That is not to argue against adopting inclusionary zoning, only to place expectations for its effects on the School District's goal of improving elementary school economic diversity in a realistic context. It is also important to make a distinction between market rate housing that is inexpensive and subsidized affordable housing for income -qualifying households. Housing costs respond to a number of factors including the age, upkeep, and modern amenities of the structure itself, proximity to public amenities and employment centers, land values, and nearby investments in schools, parks, and other public facilities. A fraction of rental permits are for subsidized affordable housing units and Iowa City has adopted a scattered site affordable housing model December 31, 2014 Page 2 that precludes the City from subsidizing additional affordable housing in areas with a disproportionate number of low income households. For instance, there are 864 active Housing Authority vouchers in Iowa City and 81 public housing units, compared to 18,000 rental permits. There are 1,099 subsidized housing units in Iowa City, many of which were subsidized privately or through public agencies other than the City. This is a small percentage of the City's rental units. History: By letter of November 13, 2003 the ICCSD Board of Directors asked that the City Council "carefully review locations of future affordable housing" in light of the District's focus on removing "barriers to student learning", specifically, the barrier of "living conditions associated with poverty" that had been identified in a recent community -wide forum. The letter included a table showing poverty rates in ICCSD attendance areas that were determined based on free and reduced lunch data. ICCSD communicated that the most important factor that presents "barriers to student learning" was "mobility", meaning that improving housing stability will have the greatest impact on student outcomes. In response to the District's November 2003 letter the Council created a Scattered Site Housing Task Force by resolution dated April 6, 2004. The direction to the Task Force was to "study the existing distribution, location and types of assisted housing in Iowa City" and "recommend policies or actions, as appropriate, regarding the disbursement, location and type of future assisted housing," which was defined as that "receiving any public assistance or support." (Resolution No. 04-101). The Task Force was comprised of persons from the Neighborhood Council, United Way of Johnson County, the ICCSD, Planning & Zoning Commission, Board of Supervisors and HCDC. The Task Force was chaired by Mayor Hayek who at the time was Chair of HCDC and not a member of City Council. The Task Force submitted its final report to the City Council on October 11, 2005. Beginning with Fiscal Year 2005, the CDBG/HOME Applicant Guide has addressed the desire of the City to encourage the distribution of affordable housing and included consideration of the location of the project and the potential impacts on the school district. In 2007 the Council discussed the differences between owner -occupied and rental projects, concluding, based on staff's recommendation, that location criteria should apply only to affordable rental housing projects because owner -occupied housing is more stable, and therefore, there is less mobility of children and less effect on the schools. As the School District identified mobility as the most important factor in this discussion regarding student outcomes, this was an important distinction to make. In February 2011 Council adopted resolution no. 11-51 which adopted the Affordable Housing Location Model, a map -based GIS model, to guide the City's use of funds for rental housing projects (excluding elderly/disabled). A copy of that resolution is attached for your reference. The resolution identifies three goals/concerns regarding the location of affordable housing in Iowa City: 1) "the City does not want to further burden neighborhoods and elementary schools that already have issues related to a concentration of poverty"; 2) the "City desires to have diverse neighborhoods in terms of a range of income levels"; and 3) the need to "determine the views of the Iowa City Community School District (ICCSD) on the affordable housing issue." In developing that model, the City staff worked with the District to determine what school data should be considered in determining whether there were concentrations of poverty, and were told that the following data should be considered: 1) mobility data, as represented by the rate of turnover at each elementary school; 2) academic performance as shown by test scores; and, 3) free and reduced lunch percentages at the schools. Of those three factors we were told that mobility was the most important factor. All three factors are included in the model with mobility rate being the second most important factor of the 7 factors used in the model. December 31, 2014 Page 3 The City's Affordable Housing Location Model has received a significant amount of national attention as other communities struggle with the same issues. A number of communities have contacted City staff about the model, including Danville, Illinois; Boise, Idaho; Charlottesville, Virginia; Davenport, Iowa; and Palm Beach County, Florida. Additionally, staff has been informed that the City of Austin, Texas is using our model as a starting point for a similar project. "Planning," the magazine of the American Planning Association, featured the model in its March 2013 issue and the Kirwan Institute for the Study of Race and Ethnicity at Ohio State University has told staff that HUD is moving in this direction and that the City's model could be used as a national model on deconcentration. The Affordable Housing Location model is updated every fall in conjunction with the City's funding cycle for HOME/CDBG funds. Unfortunately, this year when the City asked the ICCSD for the mobility data, the response was that it would not be presented to the Board until December, and therefore, would not be provided to the City in time to include it in the model update for the next funding cycle. As a result, the previous year's mobility data were used in updating the model. Zoning: As noted above, inclusionary zoning affects only new development and realistic expectations for the impact on existing neighborhoods should be discussed. The neighborhoods around the older elementary schools, including Twain, Mann, Longfellow, Wood, Lucas, Lemme, Hoover, and Horn are already developed, and an inclusionary zoning ordinance would have little effect. For example, the majority of the neighborhood in the Twain School enrollment area was developed in the 1950's — 60's, with some homes built as far back as 1900. There is little, if any, additional developable area in the Twain neighborhood nor in many other older elementary school enrollment areas. While an inclusionary zoning ordinance would have some effect in new neighborhoods as they are being developed, it would have little to no effect in the older elementary school neighborhoods where the school district has identified FRL imbalances. The older neighborhoods are already developed, and the best way to preserve housing stock, and make these neighborhoods more attractive to families is through programs such as the UniverCity Neighborhood Partnership, Residential Rehabilitation programs, and investment in parks and infrastructure — all of which the City has funded using local and federal funds. Reinvesting in Neighborhoods: Reinvesting in neighborhoods can have a positive impact on neighborhood diversity. As you know, supporting healthy neighborhoods is one of the City Council's five strategic plan goals. As a means to pursue this goal the City has and will continue to invest in neighborhood parks, microenterprise loans and forgivable grants for businesses that benefit low to moderate income persons, and public art to name a few. Significant investments continue in Towncrest and the Iowa City Marketplace. Reinvesting and rehabilitating homes and commercial building stock is accomplished through the UniverCity, General Rehabilitation and Improvement Program, Targeted Neighborhood Improvement Program, and several CDBG and HOME programs. Home rehabilitation programs are subject to income eligibility. Down payment assistance is also available through the City for income eligible homebuyers in the Grant Wood, Twain, Downtown, and Miller -Orchard neighborhoods which can help encourage home stability. These are just a few examples of the many investments the City is making in the community's neighborhoods. Much of this is focused on neighborhoods experiencing socioeconomic imbalance. While the cost of land, age and condition of housing stock, and other social and economic factors can exacerbate the suburbanization that leaves older neighborhoods with higher concentrations of poverty, public school and infrastructure investments can certainly play a role in the type and amount of residential investment and reinvestment in neighborhoods. For December 31, 2014 Page 4 instance, the southern end of Iowa City has seen significant residential investment surrounding public investments in Terry Trueblood Recreation Area, Archibald Alexander Elementary School, and the South Sycamore Greenway. Much of this residential construction will help to diversify the socioeconomic balance in Iowa City's lowest income census tract. Conversely, many factors have led to increased concentration of poverty in the Grant Wood catchment area. Examples of such factors can include smaller and aging housing, a poor street grid, and the long term use of mobile classrooms on the school campus. In recent years, the City has invested in this neighborhood through its parks, streets, and in partnership with the ICCSD on an expanded gymnasium and programming. It stands to reason that all else being equal, families with the means to do so will choose to rent or purchase homes in less overcrowded school zones with modern educational facilities. We applaud the School District's recent investment in Twain Elementary, Alexander Elementary School, and future investments planned for City High and Hoover Elementary on American Legion Road. These investments in Iowa City schools east of the river were long overdue. Overcrowding on the east side has long been a problem while new facilities were constructed to the north and west. School siting and investment, along with public infrastructure and housing, all play a role in the socioeconomic makeup of neighborhoods. Rental Density: The City recognizes the many benefits that housing diversity can provide neighborhoods. Today's planning procedures and policies encourage the densest multifamily developments in the downtown and near downtown areas, while multifamily developments in residential areas are encouraged to be designed into the fabric of the neighborhood. Recent development in the City has included multifamily housing in new neighborhoods, including those that are predominantly single family. As the City's Comprehensive Plan update notes, "A rich mix of housing within a neighborhood may include single-family homes on small and large lots, townhouses, duplexes, small apartment buildings, and zero -lot -line housing, as well as apartments in mixed-use buildings located in neighborhood commercial areas and the Downtown." For example, the South District Plan, adopted in 1997 and amended in 2002, calls for development to, "locate low to medium density multi -family housing in the form of townhouses and small apartment buildings at the edges of the neighborhood along arterial streets, and near the neighborhood commercial center, trails, major open space areas, and institutional uses, such as a school or religious institutions. Limit the size of individual parcels zoned for such development, so that the scale of buildings is compatible with surrounding uses and the traffic generated from such developments is adequately accommodated." It should be noted, however, that planning for future development does not affect existing buildings or their density. Again, significant impacts on elementary school socioeconomic diversity will not be realized in older neighborhoods. Conclusion: In short, the answers the School District is looking for in the near term do not lie in zoning policies. Those are long term solutions that are part of an ongoing discussion of urban growth and investment in pubic facilities and infrastructure. While the discussion of long term strategies is important, frankly I believe tying this conversation to the current socioeconomic imbalance of elementary schools may be a distraction from the issues the community experiences in the near term. I also believe it is essential that this effort garners strong regional buy -in from all local governments. Inclusionary zoning in one neighborhood or one community in the ICCSD service area will have minimal impact on the larger issue. Further, inclusionary zoning policies will have the largest and fastest impact in higher income growth areas. As the School District is learning with challenges and complications in instituting the Diversity Policy, so too is inclusionary zoning a difficult process to embark upon. This is not a course to take lightly or without due diligence. December 31, 2014 Page 5 We will pursue this analysis, but one should not depend solely on inclusionary zoning to remedy the socioeconomic imbalance across ICCSD elementary schools. A potential collaboration between the School District and cities that may affect future development could be tied to school siting decisions. The opening of a new school is of significant benefit to a municipality in a number of ways and there could be prerequisites tied to the selection of a new school site. A policy requiring a certain percentage of affordable housing within a School District defined walkable distance radius as a condition of site selection could be implemented. Further, to have truly economically diverse neighborhoods adjacent to schools, facilities must be sited on land that has the potential to achieve the necessary density. Understandably, the cost of land is a significant factor in selecting the site for a new school. However, the cost of residential development can be significantly impacted by the topography of the site. Higher development costs may prove to be a barrier to the development of affordable housing. We appreciated the collaboration with the School District on choosing the two new elementary school sites in Iowa City and these sites have good potential to achieve economically diverse schools. The cost of new development will be less expensive than if they were wooded lots, and will be able to achieve the density necessary to have a diversity of housing. We appreciate the School District's concerns and look forward to community -wide discussions as to how future planning and zoning can best be approached, though recognizing that impacts are long term propositions. r IP5 -,Fi CITY OF IOWA CITY 4 k MEMORANDUM Date: December 31, 2014 To: City Council From: Tom Markus, City Manager Re: January 13th Work Session As you are aware, we have scheduled a work session to continue the discussion of the City's Equity Report on January 13th at 5:00 p.m. Due to the public interest in this particular issue, I believe it is best to modify the traditional work session format. I am recommending that the work session open with a brief staff review of current initiatives and action plans, as well as an overview of our thoughts on additional actions for your consideration. Following this brief introduction, I suggest you open the floor for a discussion of diversity and equity related issues with the public. I envision the Council and staff being able to respond to questions, comments and suggestions from the public. Following this dialogue, the Council can wrap up with your own discussion and discuss plans for any future actions. Apia�alk CITY OF IOWA CITY MEMORANDUM Date: December 24, 2014 To: Mayor and City Council From: Marian K. Karr, City Clerk A�4— Re: KXIC Radio Show At your December 16 work session meeting Council Members agreed to the following schedule: December 24 – No show December 31 – No show January 7 – Hayek January 14 – Dobyns January 21 - Botchway U: rad ioshowappts.doc � r wrlIMI CITY OF IOWA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS December 31, 2014 January 13th, 2015 1. Continuation of discussion on the Equity Report Pending Topics to be Scheduled 1. Discuss recycling opportunities for multi -family housing 2. Discuss city related marijuana policies and potential legislative advocacy positions 3. Discuss community business attraction and anti -piracy compact 4. Review of the Sensitive Areas ordinance 5. Discuss formation of staff /citizen climate adaptation advisory group (spring 2015) 6. Discuss transit route planning framework 7. Discuss ad-hoc Senior Services Committee Report 8. Discussion on Gateway Project aesthetic elements (February) IP8 Charter Review Commission December 23, 2014 Page 1 MINUTES DRAFT CHARTER REVIEW COMMISSION DECEMBER 23, 2014 — 7:45 A.M. HELLING CONFERENCE ROOM, CITY HALL Members Present: Steve Atkins, Andy Chappell, Karrie Craig, Karen Kubby, Mark Schantz (via telephone), Melvin Shaw, Anna Moyers -Stone, Adam Sullivan, Dee Vanderhoef Staff Present: Eleanor Dilkes, Marian Karr RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Chairperson Chappell called the meeting to order at 7:45 A.M. He noted that Commission Member Schantz is joining them via conference telephone. CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Minutes of the Meeting on 12/09/14 — Chappell asked if there were any comments, concerns, or changes that need to be made to the minutes. Shaw noted that there is one change he would like to make last paragraph on page 3 and top of page 4, where it states: "Shaw... arrived late... has no opinion at this point either."; and requested the record show he was undecided at that point. Sullivan moved to adopt the Consent Calendar as amended. Atkins seconded the motion. The motion carried 9-0. REPORTS FROM MEMBERS AND STAFF: Karr provide information regarding initiative and referendum required signatures and census numbers. Karr reported how the census figures would compare, if indeed it was solely based on census numbers. She shared census data provided by the Library, and then reported on the increase in signatures using the same percentage (.0533617%). 1970 population was 46,850; no fewer than 2,500 1980 population was 50,508; would have been no fewer than 2,695 1990 population was 59,735; would have been no fewer than 3,187 2000 population was 62,220; would have been no fewer than 3,320 2010 population was 67,862; would have been no fewer than 3,621 Kubby then stated that she had a question for the Commission. She noted that she will have a column coming out in the Press -Citizen on Saturday. In this column, she would like to write about the Commission's January 7 meeting, basically using the press release. Kubby's intention is not to give her opinions, but to say what the topics are and to perhaps give one sentence on two sides of each issue to try to encourage the public to attend. She asked if anyone had any concerns about her doing this. Several Members stated that they thought this would be a good idea. Charter Review Commission December 23, 2014 Page 2 Kubby then asked if she could get a copy of the Charter in a Word document, and stated she wanted to play with the document and that it would be easier to have a Word version to do this with. Karr will send to the Commission. Vanderhoef stated that she was looking at old minutes from the Charter Review Commission and noted that in 1984 a recommendation was made to Council to move the date of the Charter Review to one year following the census so that the numbers would be the most current. She noted that evidently Council did not wish to do this, and she stated that she believes it to still be a good idea just so they would have the most current census data to work with. Chappell asked that they add this topic to another agenda so that they can further discuss it. REVIEW CHARTER: a. Update — Changes proposed by the Citizens Police Review Board — Chappell asked Karr when the CPRB meets next, and she responded that they do not meet again until February. She added that they have not yet had any discussion regarding Charter issues. Chappell continued, stating that they can wait until the CPRB has this discussion. Kubby asked if they need to make a request to be on the CPRB's agenda. Chappell responded he had already appeared at a Commission meeting. Karr stated that the CPRB is closely watching the Commission's work and monitoring the discussion. b. Use of the word `person' — Chappell spoke to Kubby's proposal regarding use of the word 'person.' He read the definition of `person' aloud, noting that Kubby's proposal is that `person' means 'an individual.' A new term would be `other entity,' which would have the definition of 'a firm, partnership, corporation, company association, political party, committee or any other legal entity.' Chappell asked what Member's thoughts are on this proposal, and whether they want to make a change to the current definition. Sullivan stated that he is not strongly in favor of this change, nor is he opposed to it. He added that he does not believe there is a problem to be solved, but that he does understand the morale type of argument of it and would not be opposed if others feel strongly about this. Atkins then asked how they would be furthering the governing process by making these changes. Kubby responded that she does not believe it changes the process or what any person or entity's rights and responsibilities are, but that it clarifies this issue for the community, that it is more of a political piece than a process piece. Sullivan stated that they should give this consideration even though it is not a substantive change. Kubby noted that language indicates values. Shaw stated that he would support the change with some modification. In regards to the newly added `other entity,' he would remove `other' and have it just say 'entity.' Chappell asked Dilkes if she had any legal concerns with the proposed change. She responded that she has some concern about unintended consequences, but that at this point she is not sure what those might be. Moyers -Stone stated that she found their conversation regarding 'citizen' versus 'resident' to be more compelling than this. She believes that if they did make this change it would only make the Charter more 'wordy.' She questioned a person being an individual, Charter Review Commission December 23, 2014 Page 3 asking if that means an individual human being, an individual resident of Iowa City. She believes that what they have now works and to make such changes would only create more questions. Kubby stated that there are only four or five sections where they would need to make this change, and Dilkes asked if they could look at these sections again. Kubby continued, further explaining where she is proposing they make this change and why. Chappell noted that Kubby originally identified the following sections as needing this change: 1.03, 6.01 6.02, and 7.01. Members then reviewed each of these. Ultimately there was not a majority of Members wanting to pursue this change. C. Section 4.02, Accountability and Removal — Chappell then moved the discussion to Section 4.02, noting that this is one of the sections they left undecided after their initial review. He spoke to the issue, noting that they did find out that the city manager has a contract that spells out much of this, such as being entitled to three to six months of salary if terminated. Chappell noted that he does not have any strong feelings toward changing this. He added that he would not want the Charter to make this amount any higher than two months salary, but that the Council can do what it wants in this matter. Shaw stated that he would propose that the phrase `not less than two month's salary' be changed to `termination pay as stated in the city manager's contract,' or something similar to this. He further explained why he is suggesting this, noting that basically this is paying someone to leave. Others disagreed, stating that they believe this sentence is not necessary and should be removed. Chappell asked if this was put in the Charter due to a time when written contracts were less likely to come into play. Reviewing the proposal, Chappell noted that it would read: a) The city manager is under the direction and supervision of the council and holds office at its pleasure. The rest of Section 'a' would then be deleted. He asked how Members felt about this proposed change. Dilkes reviewed some of the history, noting that there was the desire to provide a minimum amount of protection in order to get qualified city managers, but that she does not have any major concerns with this. She gave some examples of arguments that could be used, however, if the `contract' portion were removed. Kubby suggested having a sentence that refers to there being a contract, and Chappell suggested a phrase be added to the first sentence: "...consistent with any contract...". Discussion continued regarding whether or not to have `contract' in the first sentence. Dilkes agreed that Chappell's suggestion of adding something to the first sentence, which would contain the reference to there being a contract, would probably be the best way to go here. Members continued with whether or not to add wording regarding a `contract' or `employment agreement' to this sentence. Chappell reviewed the wording for the second sentence: A city manager removed by the council is entitled to receive termination pay consistent with any employment agreement between the city manager and council. He asked if this covers the sentiment of the change they have been trying to make. Dilkes Charter Review Commission December 23, 2014 Page 4 suggested it read `as provided by contract' instead, and she re -read the sentence: A city manager removed by the council is entitled to receive termination pay as provided by contract. Schantz suggested they add 'if any' to the end of the sentence. He further explained his feelings on this matter, noting that he believes they do not want to give the Charter too much power in this regard. Chappell asked if others would like to add 'if any' to this second sentence. Kubby stated that she does not believe it to be necessary, as contracts will typically always have a termination pay clause in them and others agreed. Members then agreed to the discussed changes in Section 4.02. d. Article 6, Campaign Contributions and Expenditures — Chappell moved to Article 6 next, noting that they have not tentatively approved any of this section. Dilkes noted that there is one minor change in Section 6.03 — the chapter is now 68A instead of 56. Moyers -Stone asked if there are any State rules regarding campaign contributions. Dilkes responded that there are none regarding amounts, but that there are a lot of requirements regarding disclosure. Chappell asked if there were any proposed changes for 6.01, 6.02, or 6.03, other than the chapter number that Dilkes referred to. Members agreed to tentatively approve Article 6 as discussed. e. Section 7.03(c), Petitions, Affidavit of Circulator — Moving on, Chappell noted that they tentatively approved some parts of Section 7, but that others are waiting for the decision on 'qualified' versus 'eligible.' Looking at 7.03(a), Chappell stated that they may want to have this discussion after their public forum. On (c), the only possible change would be replacing 'a qualified' with 'an eligible.' Members agreed to tentatively approve this section. Section 7.07, Prohibition on Establishment of Stricter Conditions or Req. — Chappell noted that they had quite a bit of discussion previously about whether this section should change or remain the same. He asked Dilkes if she had any further thoughts on this section. She responded that she had a note that they were considering eliminating 'which are higher or more stringent than' and change it to `that are.' Others spoke to what their notes on this topic were and what they remember the changes to be. Chappell noted that it would read as follows: 'The council may not set, except by Charter amendment, conditions or requirements affecting initiative and referendum, which are inconsistent with those imposed by this Charter.' Kubby stated that keeping the second part of the sentence allows council, by ordinance, to make clarifications and small changes. Without this sentence, she noted that they would not be able to do this without a Charter amendment. Dilkes spoke to this section, stating that it would actually be best to end the sentence after the word `referendum.' She noted why she suggests this, noting that it really is not necessary to have this here. Atkins noted that he is looking at the word 'may,' wondering if that shouldn't be changed to 'shall.' After further discussion, it was decided to put a period after 'referendum' and to change 'may' to 'shall.' Members then tentatively approved this section. g. Section 8.02, Charter Review Commission — Chappell stated that they have not yet touched this section. Sullivan spoke to the timing of this Commission, Charter Review Commission December 23, 2014 Page 5 noting that the next one would either have to be three or four years too early, or four or five years too late. Chappell stated that he believes they have better information each year on population. Karr agreed, stating that they can gather data in a more current manner now. Members continued to speak to population numbers. Sullivan stated that the times they need actual up-to-date, valid census data is pretty small. He questioned if there are really that many scenarios where they would need to rely on up-to-date population numbers. Members continued to discuss this issue and whether changing the Charter Review timeline would be helpful or not. Karr stated that with the present language it says 'at least once every 10 years.' She noted that if the population were to spike, the council could at any point in time call for this review to take place. Atkins noted that census information is very important to the city administration as it affects eligibilities, for example. After further discussion, Members agreed to tentatively approve this section of the Charter. h. Commission discussion of other sections (if time allows) — PUBLIC COMMENT: None. PUBLIC FORUM (January 7, Iowa City Public Library, 6:00 P.M. Chappell stated that they are close to having tentative approval on everything but those topics being discussed at the January 7 forum. This should help them narrow their work significantly after the forum. He added that if anyone has something they would like to add to the public forum agenda, to send him an email regarding this. The Commission will plan to review the forum and how they plan to proceed with it while at the January 6 meeting. Dilkes noted that after the forum Members will receive a new red -lined version of the Charter that they can use in their review. Karr asked if any supplies would be needed for the public forum, such as flip charts. Members briefly discussed this and the use of them in these small settings. Atkins asked how they will be expected to participate in this forum, and if they are speaking as Commission Members or individuals. Chappell further explained what he sees their roles as, which is to try to get the public to give their opinions on these specific issues. Kubby gave some examples of how they can try to get people to open up more and give their opinions. Shaw spoke to the need for them as facilitators in getting the discussion going, but added that he does not see a lot of back -and -forth taking place. TENTATIVE THREE-MONTH MEETING SCHEDULE (7:45 AM unless specifieal): Chappell asked if the meeting time still works for everyone. He stated that he would like to plan on having the same Tuesday morning meetings through March, at which point they can decide how to proceed. He added that he believes after the public forum, their work will become more narrowed and they will have less issues to discuss. January 6 — to discuss forum agenda January 7 (FORUM) (Commission work completed no later than April 1, 2015) ADJOURNMENT: Sullivan moved to adjourn the meeting at 9:00 A.M., seconded by Vanderhoef. Motion carried 9-0. Charter Review Commission December 23, 2014 Page 6 Charter Review Commission ATTENDANCE RECORD 2014 Key. X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member at this time TERM o 0 0 0 0 0 0 0 0 0 0 _ j P CJ1 tJ1 CA V co co W to W o o -a NAME EXP. O tb —L W N -4 — o N � N N N N o O to N W W o -N o o to 4/1/15 X X O/ X X X X X X X X X X X X Steve E Atkins Andy 4/1/15 X X X X X X X X X X X X X X X Chappell Karrie 4/1/15 X X X X X X X X X X X X X X X Craig Karen 4/1/15 O X X X X X X X X X X X X X X Kubby Mark 4/1/15 X X X X X X O/ X X X O/ X O/ X X Schantz E E E Melvin 4/1/15 X X X X X X X X X X X X X X X Shaw Anna 4/1/15 X X X X X X O/ X X X X X O/ X X Moyers E E Stone Adam 4/1/15 X X X X X X X X X X X X X X X Sullivan Dee 4/1/15 X X X X X X X X X X X O/ X X X Vanderhoef E Key. X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member at this time Charter Review Commission December 23, 2014 Page 7 Charter Review Commission ATTENDANCE RECORD (cont.) 2014/2015 Key: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member at this time TERM 0 0 NAME EXP. O N w O CD O cn cn 4/1/15 X X Steve Atkins Andy 4/1/15 X X Chappell Karrie 4/1/15 X X Craig Karen 4/1/15 X X Kubby Mark 4/1/15 X X Schantz Melvin 4/1/15 X X Shaw Anna 4/1/15 X X Moyers Stone Adam 4/1/15 X X Sullivan Dee 4/1/15 X X Vanderhoef Key: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member at this time P DRAFT CITIZENS POLICE REVIEW BOARD MINUTES — December 3, 2014 CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:01 P.M. MEMBERS PRESENT: Fidencio Martinez, Mazahir Salih, Royceann Porter MEMBERS ABSENT: Joseph Treloar STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Captain Doug Hart of the ICPD; Andy Chappell, Adam Sullivan, and Karrie Craig from the Charter Review Commission; Charlie Eastham, Joseph Hall and Edward Hall, public. RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #14-06 CONSENT CALENDAR Motion by Porter, seconded by Salih, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 11/10/14 • Minutes of the meeting on 11/25/14 • ICPD Department Memo #14-28 (October 2014 Use of Force Review) • ICPD Use of Force Report — October 2014 • ICPD General Order 08-01 (Conducted Energy Devices) • ICPD General Order 00-08 (Weapons) • ICPD General Order 00-10 (Evidence and Property Handling Procedures) Motion carried, 4/0, Treloar absent. OLD BUSINESS None NEW BUSINESS Discussion of proposed CPRB-related amendments to the Charter — Chappell went through some of the proposed changes to the City Charter that relate to the CPRB in regards to public forums. The current language is as follows: Section 5.01 a(1) To hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices, and procedures of the Iowa City police department, and to make recommendations regarding such policies, practices, and procedures to the city council. The proposal from the CPRB was to drop the last part of sentence, "and to make recommendations regarding such policies, practices, and procedures to the city council." The Charter Commission is going to recommend leaving in the current wording and re -number the section so they are each an item to avoid any confusion. Craig and Sullivan addressed the Board regarding the proposal to remove "citizen" from the Charter and wanted the Board's input on removing Citizen from the name and if they had any suggestions on what could replace it. Their concern with the use of citizen in the Charter is that they feel there are many people in Iowa City that do not identify as citizen or qualify for the things citizen connotes. They are proposing to remove citizen from all other areas of CPRB December 3, 2014 Page 2 the Charter. A couple ideas that had been discussed by the Charter Review Commission as a replacement to citizen were resident or taking out citizen and leaving it as Police Review Board. Hall had additional suggestions to what the name could be changed to. Jensen thanked them for coming and said that the Board would put it on a future agenda for discussion and would include a copy of the City Charter in the Board packet at that time so they could look at the suggestions as it relates to the whole Charter. The Charter Review Commission will be holding a public forum on January 7th at 6:OOpm at the Iowa City Public Library. PUBLIC DISCUSSION Eastham spoke regarding the suggestion from the Charter Review Commission to change the name of the Board. He wanted to remind members that the name had just been recently changed and the Ad Hoc Diversity Committee had agreed with the recommendation. One of the reasons the Ad Hoc Diversity Committee wanted to change the name from Police Citizens Review Board to Citizens Police Review Board was so it didn't appear as through it was a police review by the police department. BOARD INFORMATION None. STAFF INFORMATION Tuttle directed Board members to the copy of the news release in the packet regarding the Citizens Police Academy and if they were interested to let her know. Salih stated that she had attended last year and it was really awesome. EXECUTIVE SESSION Motion by Salih, seconded by Martinez to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Treloar absent. Open session adjourned at 5:27 P.M. REGULAR SESSION Returned to open session at 6:28 P.M. Motion by Porter, seconded by Martinez to to forward the Public Report as amended for CPRB Complaint #14-06 to City Council. Motion carried, 4/0, Treloar absent. CPRB December 3, 2014 Page 3 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • January 13, 2015, 5:30 PM, Helling Conference Rm • February 10, 2015, 5:30 PM, Helling Conference Rm • March 10, 2015, 5:30 PM, Helling Conference Rm •April 14, 2015, 5:30 PM, Helling Conference Rm Motion by Salih, seconded by Martinez to set a special executive session only meeting on Monday, December 8th at 8:00 A.M. Motion carried, 4/0, Treloar absent. ADJOURNMENT Motion for adjournment by Porter, seconded by Martinez. Motion carried, 4/0, Treloar absent. Meeting adjourned at 6:32 P.M. Z. 'i 1-14.A4 w b�o y`" d `� fD CD fb O 'fl fD in N x �e �z N r+ H+ H O i i 0 H+ 000 N x W A th tA W O� r+ 00 x i H+ O W O Z. CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 December 4, 2014 To: City Council Complainant City Manager u._. Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Citizen Police Review Board Re: Investigation of CPRB Complaint #14-06 This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of Complaint CPRB #14-06 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chief's report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review.. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(2)).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on 08/12/2014. As required by Sbptlon _ 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for invetjgaic3n. The Chief's Report was filed with the City Clerk on 10/15/2014. R ` The Board voted on 11/25/2014 to apply the following Level of Review to the Chiefs ReporlF, "On the record with no additional investigation", pursuant to Iowa City Code Section 6.8-7(B1('1)(a). The Board met to consider the Report on 11/25/2014 and 12/03/2014. Board members reviewed audio and/or video recordings of the incident. FINDINGS OF FACT On August 13, 2014, officers were involved in patrol at the Pheasant Ridge complex at the request of management in response to previous incidents, including shots being fired and reports of drug dealing. Individuals loitering and determined to be non-residents were to be given trespass warnings. Officers observed the Complainant multiple times and engaged him in conversation. A routine check of the Complainant showed he had an active warrant for his arrest. During the search that occurred because of the arrest, a cell phone and a large sum of cash, $2722, were found on the Complainant. The Complainant was advised of his Miranda rights and questioned. The Complainant made statements denying ownership of the money and the phone. The phone was examined by officers and evidence of drug distribution and drug use was noted. The phone and money were then seized as part of a drug investigation. Prior to the CPRB complaint being filed, the Complainant was advised how to appeal before a Judge who would rule if the property should be returned. ALLEGATION 1 — Unlawful Search. When the Complainant was arrested on an outstanding warrant, the Complainant was searched as part of this arrest. The Complainant initially denied ownership of the property in his possession. The in -car video recordings clearly document both the Complainant being advised of his rights and the statements he made denying ownership of the phone and the money. Denying ownership of the property prevents the Complainant from claiming his Fourth Amendment rights were violated. At the time of the incident, officers were following procedures and had the authority to remove property in the Complainant's possession. As the Complainant denied ownership of the phone, the officers were looking at the phone in an attempt to identify the owner, and to determine if it had been stolen. Officers did locate information in the phone to show it belonged to the Complainant. A search warrant was later obtained due to further examination of the phone being needed. Officers involved were appropriate and within the parameters of the law. Allegation: Unlawful Search - Not sustained ALLEGATION 2 — Unlawful seizure. When Officers discovered an outstanding warrant for the Complainant, they also discovered he was part of an on-going drug investigation. A search warrant for the Complainant's phone was obtained from the Johnson County Attorney's Office and they also approved to move forward with the forfeiture of the money found in the possession of the Complainant. To move forward with forfeiture case, the State only needs to prove there is a preponderance of the evidence to prevail. The cell phone is also being held as evidence in the criminal case. Officers involved were appropriate and within the parameters of the law. The Complainant has also been advised of his right to present evidence at a hearing before the Court as to why the property should be returned to him. Allegation: Unlawful seizure - Not sustained COMMENTS None 1! P , DRAFT CITIZENS POLICE REVIEW BOARD MINUTES — December 8, 2014 CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 8:02 A.M. MEMBERS PRESENT: Fidencio Martinez, Mazahir Salih, Royceann Porter (8:04 A.M.), Joseph Treloar MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford STAFF ABSENT: None OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #14-02 (1) Accept CPRB Report on Complaint #14-04 (1) Accept CPRB Report on Complaint #14-08 EXECUTIVE SESSION Motion by Treloar, seconded by Salih to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Porter absent. Open session adjourned at 8:03 P.M. REGULAR SESSION Returned to open session at 9:06 P.M. Motion by Treloar, seconded by Martinez to forward the Public Report as amended for CPRB Complaint #14-02 to City Council with the option to amend if a name clearing hearing is held. Motion carried, 5/0. Motion by Salih, seconded by Treloar to to forward the Public Report as amended for CPRB Complaint #14-04 to City Council. Motion carried, 5/0. CPRB December 8, 2014 Page 2 Motion by Salih, seconded by Treloar to to forward the Public Report as amended for CPRB Complaint #14-08 to City Council. Motion carried, 5/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) *January 13, 2015, 5:30 PM, Helling Conference Rm (CANCELLED) • February 10, 2015, 5:30 PM, Helling Conference Rm • March 10, 2015, 5:30 PM, Helling Conference Rm *April 14, 2015, 5:30 PM, Helling Conference Rm Motion by Treloar, seconded by Martinez to cancel the January CPRB meeting due to scheduling conflicts. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by Treloar, seconded by Salih. Motion carried, 5/0. Meeting adjourned at 9:06 A.M. v u CD ° CD cC R UQ t cn n v o� w cn orn i�'„ >C O yC yC yC � a 00 N w 00 N w U I Iry O v I � N O U I � O � I ✓V N r+ v u CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 December 8, 2014 To: City Counsel Complainant City Manager Sam Hargadine, Chief of Police Officer(s) Involved in complaint From: Citizen Police Review Board Re: Investigation of CPRB Complaint #14-02 Y _ i X210 2 2015 This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of Complaint CPRB#14-02 (the "Complainant") Board's Responsibility Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(2)).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend th jt g 2 2015 Police Chief reverse or modify the Chief's findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(13)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on 5/22/14. As required by Section 8-8-5(B) of the City Code, the Compliant was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on 7/30/14. The Board voted on September 15, 2014 to apply the following Level of Review to the Chief's Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-(B)(1)(a). The Board met to consider the Report on August 26, 2014, September 15, 2014, October 13, 2014, November 10, 2014, December 3, 2014, December 8, 2014, and December 29, 2014. Board members reviewed audio and/or video recordings of the incident. FINDINGS OF FACT On May 6, 2014 at 5:18 p.m., Officer A stopped the Complainant's husband at the 700 blk of Mormon Trek Blvd. (immediately south of Bartlett Rd, adjacent to the Pheasant Ridge complex) to speak with him about an incident that had taken place at the Pheasant Ridge Apartment Complex, and to issue a criminal trespass warning. The Complainant's husband acknowledged Officer A, but refused to stop, or provided identification as requested. While Officer A was attempting to have a conversation with the Complainant's husband, the Complainant pulled up in her vehicle on Mormon Trek Blvd, adjacent to Officer A and the Complainant's husband. The Complainant had four children in the back seat of the vehicle. The Complainant's husband opened the passenger door and entered the vehicle. Officer A advised the Complainant she 21 was free to leave but the Complainant's husband was not. When asked if the complainan` t�s� 2015 husband was under arrest, or being detained, Officer A responded "he is not under arrest or being detain, but he is also not free to go." The complainant did not leave and turned the: vehicle off. Additional officers arrived. Officer B went to the driver's side of the vehicle to speak with the Complainant, and Officer C went to the passenger side to assist Officer A. An additional officer, Officer D arrived and went to assist Officer B at the driver side of the vehicle. The Complainant was becoming increasingly upset and gave out her first name and license number. At one point the Complainant rolled her window half way up and refused Officer D directive to roll the window back down, because the Complainant stated they could still hear each other. Officer D then opened the driver's door. Only after the officer opened the door, did the officer ask the complainant to get out of the vehicle. The complainant's husband, at this point, was out of the vehicle on the passenger side. Officer D reached into the vehicle taking the Complainant by the arm and attempted to remove her from the vehicle within seconds of opening the vehicle door. The complainant's four children were inside the car when Officer D began to physically remove the complainant out of the vehicle. The complainant was still buckled to the vehicles seat belt as officer D and B continued to pull the complainant out of the vehicle. The Complainant continued to yell at the Officer D and tried to pull away holding onto the seat and console. Officer C came over to assist Officer D, the Complainant continued to struggle and was advised by the Officers she would be pepper sprayed. The Complainant continued to struggle and was pepper sprayed by Officer D. Officer then unbuckled the complainant's seat belt and removed the Complainant from the vehicle. The Complainant was taken to the Johnson County Jail where she was decontaminated by ambulance personnel. The children were relinquished to an acquaintance at the scene. Later in the day, the acquaintance approached Officer C and told them that at least some of the children were also suffering from the effects of being pepper -sprayed. An ambulance was required to respond and evaluate/ treat the children as needed for OC contamination. Allegation 1- Excessive Use of Force. The Police Chief s findings are unreasonable, arbitrary or capricious. The Complainant alleges Officer D used excessive force by deploying his OC/Pepper Spray. The board recommends that the police chief or city manager reverse or modify their findings based on the board's conclusion. Though it may seem as the officer was following policy, it is our duty to ensure the discretion and judgment are used within enforcement of the policy, According to the policy The Use of Force (III) officers should "recognize and respect the value and special integrity of each human life ... a careful balancing of all human interests is required." Officer D in choosing to rapidly use force failed to recognize the hazards and dangers of employing pepper spray within 1) enclosed quarters of vehicle 2) a motor vehicle where children are present 3) on someone who could reasonable gain control of the vehicle. Furthermore, section 804.8 under the Use of Force Policy IV. Code of Iowa- Use of Force in Making Arrests and Preventing Escape, indicates that use of force should be reserved for times when a "peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest." The CPRB agreed that under these provisions, Officer D failed to accurately assess the situation and use reasonable judgment. The complainant showed no physical threat/harm to herself, her children, her husband, or the officers. Furthermore, the complainant had asked questions in regards to her husband's holding and was met with ambiguous responses. Officer D displayed unreasonable and sudden reactions to the circumstances. No reasonable person would use such a weapon (pepper spray) within an enclosed car, in the presence of four children, and without first knowing the context of the situation. The CPRB finds the actions of officer D sudden and troubling when considering the extremely brief time frame in which the officer had contact with the complainant. Officer D arrived at the scene and rapidly escalated tensions 1) by opening the door without permission or first asking the complainant to open the door, 2) pulling the complainant out of the vehicle without providing her time to unbuckle her seatbelt, and 3) ultimately pepper -spraying the complainant within seconds of opening her door. Allegation #1 — Excessive Use of Force — Sustained. COMMENTS The CPRB acknowledges that suitable changes have since been made to the Weapons policy. XAN02,2015 CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 December 8, 2014 To: City Council Complainant City Manager Equity Director', Sam Hargadine, Chief of Police- - Officer(s) involved in complaint -_ a From: Citizen Police Review Board Re: Investigation of CPRB Complaint #14-04 This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of Complaint CPRB #14-04 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings 2nly if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on 07/23/2014. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on 09/18/2014. The Board voted on 11/10/2014 to apply the following Level of Review to the Chiefs Report "On the record with no additional investigation", pursuant to Iowa City Code Section 8 8m7(131�1)(a).T_ The Board met to consider the Report on 10/13/2014, 11/10/2014, 12/03/2014, antj.-2/082014.: Board members reviewed audio and/or video recordings of the incident. F �} FINDINGS OF FACT On April 27, 2014, at 11:59 pm, officers responded to Highway 1 near Sunset for a vehicle in the ditch with its headlights on. Upon arrival, officers found the vehicle still in the ditch and the Complainant sitting in the front passenger seat of a witness's vehicle. The Complainant was on the phone with his insurance company trying to arrange for a towing company to remove the vehicle from the ditch. During conversations with the Complainant and the witness, officers learned the following information about the crash. The Complainant had been to Walmart to get a can of dust off air to blow off his computer. The Complainant left Walmart, and went westbound on Highway 1. He initially told officers he was going home but later said he was going to an adult store in Cedar Rapids. The witness said the Complainant crossed the median and both eastbound lanes of traffic and then went into the ditch. When the Complainant was asked how he ended up in the ditch, he said he may have fallen asleep, he did not remember. The accident occurred within a few blocks of Walmart, which can be seen from the scene of the accident. The Complainant's vehicle was removed from the ditch by the towing company and towed to his residence. After speaking with the Complainant about the accident, officers felt the Complainant may have been impaired so they began field sobriety tests. After the evaluation, officers took the Complainant to the police department for further testing. The Complainant was advised of his rights. He initially denied and then later admitted to inhaling the dust off. The Complainant also admitted the can of dust off was in his vehicle. ALLEGATION 1 — Responsibilities. The Complainant claims the officers failed to call an ambulance to check for medical conditions that may have caused the crash. At the scene, while on the phone with his insurance company, the Complainant is clearly overheard saying he is not injured. Later when the Complainant is asked by officers if he needs medical attention, he says he does not. The Complainant is also asked on more than one occasion if he has any disabilities that would affect his ability to perform any of the field sobriety tests, and he never claims any injuries or disabilities. These statements are supported by the video/audio recording, and officer reports. According to officers, the Complainant also had no apprant or observable injuries. Allegation: Responsibilities - Not sustained ALLEGATION 2 — Obedience to laws and regulations. The Complainant alleges officers illegally searched his vehicle and failed to follow department impound procedures when towing his vehicle. The Complainant also claimed officers completed a statement as part of the search warrant application that was intentionally misleading. The vehicle was impounded after officers were denied permission to enter the vehicle to remove a can of compressed air that was wanted as evidence. The officer did not inventory the vehicle when it was towed because the search would have been illegal at that point. Officers were advised by the Johnson County Attorney's Office to tow the vehicle from the Complainant's residence, and apply for a search warrant. A search warrant was issued after a judge determined probable cause existed. After obtaining the search warrant, an officer searched the vehicle and removed a can of "Ultra Duster" from the vehicle. Allegation: Obedience to laws and regulations - Not sustained ALLEGATION 3 — Incompetence. The Complainant stated the officers failed to include all the relevant and important information in the reports submitted to the County Attorney's Office and that this failure meant the County Attorney's Office was unable to include information into decision on whether to prosecute the case. The officers documented theirs observations of the Compliant and his performance of the field sobriety tests both at the scene and the police department in their reports. There is also in car video and video from inside the police department. All of this was made available to the County Attorney's Office, the Complainant, and to his attorney, as well as to this Board. A review shows no coercive and there was no motion to suppress filed.Y Allegation: Incompetence - Not sustained COMMENTS -: The original eight allegations are summarized in the three categories listed above. ?4 - _ 4 u CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 December 8, 2014 r-:) e To: City Council, Complainant City Manager '. m Equity Director Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Citizen Police Review Board Re: Investigation of CPRB Complaint #14-08 This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of Complaint CPRB #14-08 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chief's report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings pp/y if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on 09/24/2014. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on 11/07/2014. The Board voted on 11/10/2014 to apply the following Level of Review to the Chiefs Report: "On the record with no additional investigation", pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on 11/25/2014, 12/03/2014, and 12/08/2014. Board members reviewed audio and/or video recordings of the incident. CO FINDINGS OF FACT r; On April 27, 2014, at 11:59 pm, officers responded to Highway 1 near Sunset for a vehicle in the ditch with its headlights on. Upon arrival, officers found the vehicle still in the ditch and the Complainant sitting in the front passenger seat of a witness's vehicle. The Complainant was on the phone with his insurance company trying to arrange for a towing company to remove the vehicle from the ditch. During conversations with the Complainant and the witness, officers learned the following information about the crash. The Complainant had been to Walmart to get a can of dust off air to blow off his computer. The Complainant left Walmart, and went westbound on Highway 1. He initially told officers he was going home but later said he was going to an adult store in Cedar Rapids. The witness said the Complainant crossed the median and both eastbound lanes of traffic and then went into the ditch. When the Complainant was asked how he ended up in the ditch, he said he may have fallen asleep, he did not remember. After investigating the accident, Officer A completed a state accident report and estimated the damage to the Complainant's vehicle as $1500. Officers also issued the Complainant a citation for failure to maintain control of his vehicle. The Complainant was also arrested for Operating while intoxicated. ALLEGATION 1 — Officer included inaccurate information in an official police report. On September 1, 2014, the Complainant contacted the police department by email, asking to have the damage estimate changed as he was concerned the accident would be reported to the DOT and listed on his driving record. The Complainant stated he repaired the damage himself, however the Complainant admitted he never took the vehicle.to a mechanic or body shop to verify the damage or obtain a repair estimate. Officer A emailed the Complainant, saying the damage estimate on scene was not meant to be a solid figure, and declined to change the estimate. Allegation: Officer included inaccurate information in an official police report - Not sustained ALLEGATION 2 — This was a retaliation against the Complainant for filing a complaint against another officer in an earlier CPRB complaint. Officer A said he was aware the Complainant had filed an earlier CPRB complaint against another officer, however repeated the damage estimate on scene was not meant to be a solid figure, and if the damage to the vehicle was repaired by a body shop, it would be at least $1500. Officer A stated he did not set the damage amount to penalize the Complainant. The Complainant did not take the vehicle for a damage estimate, there is no way to prove the damage estimate was or was not $1500. Allegation: This was a retaliation against the Complainant for filing a complaint against another officer in an earlier CPRB complaint - Not sustained COMMENTS None -1, . P DRAFT CITIZENS POLICE REVIEW BOARD MINUTES — December 29, 2014 CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 8:07 A.M. MEMBERS PRESENT: Royceann Porter, Joseph Treloar MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: Fidencio Martinez, Mazahir Salih Staff Kellie Tuttle and Patrick Ford None None RECOMMENDATIONS TO COUNCIL None EXECUTIVE SESSION Motion by Porter, seconded by Treloar to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Martinez and Salih absent. Open session adjourned at 8:08 A.M. REGULAR SESSION Returned to open session at 8:38 A.M. Motion by Treloar, seconded by Porter to request an extension to January 14, 2015 for CPRB Complaint #14-02, due to the holidays and the need for a final meeting to complete the Public report. Motion carried, 3/0, Martinez and Salih absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) *February 10, 2015, 5:30 PM, Helling Conference Rm . March 10, 2015, 5:30 PM, Helling Conference Rm *April 14, 2015, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Treloar, seconded by Porter. Motion carried, 3/0, Martinez and Salih absent. Meeting adjourned at 8:39 A.M. CrQ �C yC yC yC DC O i i x O f+ 0\N0 N A i a 00 H+ W it O � DC o DC yC r+ N ONTO r+