05/12/2020 - Work Session - MinutesMINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, MAY 12, 2020
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The City Council met in Work Session on Tuesday, May 12, 2020, in
an Electronic Meeting, pursuant to Salt Lake City Emergency
Proclamation No. 2 of 2020(2)(b).
Virtual Attendance: Council Members Chris Wharton, Analia
Valdemoros, Daniel Dugan, Andrew Johnston, Amy Fowler, James
Rogers, and Darin Mano.
Staff in Attendance: Cindy Gust-Jenson, Council Executive
Director; Erin Mendenhall, Mayor; Jennifer Bruno, Council
Executive Deputy Director; Brian Fullmer, Council Policy Analyst;
Curtis Preece, Justice Courts Director; Nick Tarbet, Council
Senior Policy Analyst; Lisa McCarver, Finance Director of Revenue
& Collections; Russell Weeks, Council Senior Advisor; Mary Beth
Thompson, Chief Financial Officer; Lisa Shaffer, Mayor’s Deputy
Chief of Staff; John Vuyk, City Budget Director; Tamra Turpin,
Risk Manager; David Salazar, Human Resource Program Manager;
Jaysen Oldroyd, Senior City Attorney; Jodi Langford, Human
Resources Director; John Vuyk, City Budget Director; Jonathan
Pappasideris, Senior City Attorney; Mark Kittrell, Deputy City
Attorney; Libby Stockstill, Council Policy Analyst; Katherine
Lewis, City Attorney; Clemens Landau, Justice Court Judge; Valeta
Hitchcock, Justice Court Financial Analyst; Sam Owen, Council
Policy Analyst; Laura Briefer, Public Utilities Director; Lehua
Weaver, Council Associate Deputy Director; Cindy Lou Trishman,
Council Administrative Assistant; Rachel Otto, Mayor’s Chief of
Staff; and Scott Crandall, Deputy City Recorder participated
electronically.
Guests by Virtual Attendance: Sim Gill, Salt Lake County District
Attorney (Item #11).
Councilmember Wharton presided at and conducted the meeting.
The meeting was called to order at 2:09 p.m. 2:09:01 PM
AGENDA ITEMS
#1. 2:10:40 PM UPDATE FROM THE ADMINISTRATION REGARDING THE MAYOR’S EMERGENCY DECLARATIONS RELATING TO COVID-19 (CORONAVIRUS) AND THE MARCH 18TH EARTHQUAKE IN THE SALT LAKE VALLEY. As part of
the update, the Council may discuss public health and other public
safety, policy and budget issues stemming from the emergency
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, MAY 12, 2020
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declarations. The Council may also receive information or updates
from organizations or experts related to the emergency responses
and coordination, including but not limited to earthquake damage
to the City, the functioning of the Emergency Operations Center
(EOC), City response and aid, and the status of City buildings.
View Attachments
Mayor Mendenhall briefed the Council on two of the items of
specific interest.
1. Regarding federal funding distribution through the State and
County and the expected timeline, there had been meetings with
congressional leadership and expected further discussion on
fiscal impact/revenue loss projections for Salt Lake City.
Additionally, discussions had occurred with State and County
leaders to address federal funds already received. (A timeline
was currently undefined.)
2. Addressing the disproportionate impact of the virus on specific
areas of the City, Mayor Mendenhall responded with two points:
• Community and Outreach
o Public service announcements in many languages were
being completed, with the City continuing to relay
timely and important information through the Spanish
speaking communities; Language Access Plan was under
development in the Mayor’s office
o Digital Equity had been a barrier and there was now an
internal working group to work on communication
through non-internet means.
• Work with vulnerable populations
o Testing events occurring in the areas where vulnerable
populations lived (without requirements of symptoms)
o Continued work with Salt Lake County assisting people
experiencing homelessness and the impact of COVID-19
on this population
o Partnership efforts with the State and the County to
reach out to underserved communities for testing
opportunities, vital support services, and access to
information to stay safe
Rachel Otto briefed the Council on the status regarding
acquiring local data from Salt Lake County and the State of Utah
Health Departments. She said an update on trend line data was
received and geo-coded to report accurately on the population
within Salt Lake City borders and was provided to the Council. She
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, MAY 12, 2020
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added that additional layers of data have been requested on behalf
of Salt Lake City, and the State has agreed to consider how to
build and provide the information weekly.
Lisa Shaffer briefed the Council on the current condition of
the City & County building addressing both COVID-19 and the damage
from the earthquake. She said use of the building will be
determined by a ramp-up/ramp-down plan based upon risk built on
health data, and an upcoming budget amendment to address costs
associated with the building.
Councilmember Wharton asked the Administration for an update
on the languages the weekly public service announcements (PSAs)
were being produced. Mayor Mendenhall shared that the languages
were selected both by availability and the use of languages in
Salt Lake City.
#2. 2:32:21 PM FOLLOW-UP BRIEFING REGARDING AN ORDINANCE THAT WOULD MEMORIALIZE A LIST OF REPORTING REQUIREMENTS INCLUDING UPDATES OR REPORTS THE COUNCIL HAS REQUESTED FROM THE ADMINISTRATION, ITEMS THE COUNCIL IS ENTITLED TO RECEIVE BASED ON STATE OR CITY CODE, OR INFORMATION ITEMS THAT ARE ROUTINELY SHARED, RELATING TO THE COMMUNITY DEVELOPMENT DEPARTMENT. The goal of
gathering all the reporting information into one easy-to-reference
location is to enhance transparency and add clarity to the process
of sharing information needed by the Council to fulfill its role.
View Attachments
Nick Tarbet indicated this was a follow-up briefing regarding
previously requested information from the Administration for a
timeframe of reporting requirement after adoption of the temporary
zoning ordinance. Mr. Tarbet stated the proposed timeline of 14
days was agreeable to the Planning staff, and indicated there was
additional content helpful to include when outlining items for
reporting. Jennifer Bruno noted it was the next step in a series of
ordinance proposals the Council requested previously to clearly
identify expectations.
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, MAY 12, 2020
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#3. 2:35:08 PM FOLLOW-UP BRIEFING REGARDING AN ORDINANCE THAT WOULD AMEND THE ZONING OF PROPERTY LOCATED AT 504 SOUTH 900 EAST STREET AND AMEND THE CENTRAL COMMUNITY MASTER PLAN FUTURE LAND USE MAP. The proposal would rezone the property from Moderate Density
Multi-Family Residential District (RMF-35) to Residential/Mixed
Use (R-MU-35) and a Master Plan Amendment from Medium Density
Residential to Medium Residential/Mixed Use. The intent of the
proposal is to build a mixed-use development. No site plan has
been submitted at this time. View Attachments
Brian Fullmer briefed the Council with attachments and
provided an overview of determined requirements associated with
the requested amendment. Mr. Fullmer outlined the purpose of the
discussion, as the Planning Director was not included in an email
regarding the development agreement prior to Council adopting the
agreement and ordinance. Additionally, issues were identified with
charging additional rent for parking and planting of the trees. He
noted the Salt Lake City Attorney’s Office and Planning Division
were recommending a development agreement with only the
requirement for the ground floor commercial space (not to exceed
1,000 square feet), and indicated a public hearing was scheduled
for next week.
Councilmember Mano requested clarification on the
restrictions that were initially placed. Mr. Fullmer confirmed the
restrictions were originally agreed to by the community and
developer: restoration of large trees in the area (later discovered
to be problematic), charging extra rent for parking was (also found
to be problematic), and considering an overflow of parking on the
street.
#4. PULLED BRIEFING REGARDING A PROPOSAL FOR A NEW PERMIT PROGRAM THAT WOULD ALLOW QUALIFYING RESIDENTS TO REDUCE VEGETATION ON A STRIP OF CITY-OWNED OPEN LANDS ADJACENT TO THEIR PROPERTIES, SUCH AS THE FOOTHILLS NATURAL AREA OR THE JORDAN RIVER PARKWAY, TO REDUCE POTENTIAL WILDFIRE FUEL SOURCES. The proposal seeks to
strike a balance between the City’s limited budget for public lands
management and the concerns of some residents about the risk of
wildfires spreading to their properties. View Attachments
Item pulled from agenda.
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#5. 2:42:28 PM REVENUE UPDATE AND AN OVERVIEW FROM THE ADMINISTRATION OF THE MAYOR’S RECOMMENDED BUDGET FOR SALT LAKE CITY FOR FISCAL YEAR (FY) 2020-2021. View Attachments
Mary Beth Thompson briefed the Council with an overview of
the Mayor’s recommended budget, including the process and the
entire budget were reconsidered in March of 2020. Ms. Thompson
included the proposed budget was completed with a downward trend
in the first two quarters and a flat budget for the last two
quarters, with other revenues being modeled based on the crisis
during FY 2009. She added that expenditures were considered with
a flat budget with no lay-offs or salary reductions, while
maintaining a 15% fund balance. Lisa McCarver briefed the Council with a high-level overview
of the Budget for FY20-21: View Presentation
• General Fund: $323 million total budget
• $8.4 million decrease projected
• Use of $4.1 million cash reserves
• Property tax increase by $5 million
o $1.7 million from new growth
o $3+ million increase from Redevelopment Agency
• Sales & Use tax projected to decrease by $9.9 million
• Decrease of $1.7 million from Funding our Future Sales Tax
• Projected loss of $735,000 from Franchise tax
• Licenses and permit revenue projected to be down
• Expected decline of licensing revenue of $2.2 million
• Intergovernmental revenue projected to be down $612,000
• Expected decline in Class-C road funds due to lower gas tax
• Decrease of $1.1 million in criminal fines and moving
violations
• Interest income down by $2 million
• Funding our Future Sales tax & County option taxes were
separate taxes authorized by the State legislature
• Municipal Energy Sales tax from utility providers
• Franchise taxes included taxes from water franchise,
telecommunications leases, cable franchise taxes and also
small-cell wireless fees
• Licenses & permits tax included building permits & licensing
and parking tax
• Civil fines were issued and collected through the Justice
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, MAY 12, 2020
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Court and include animal control violations, moving
violations, and parking meter collections
• Miscellaneous revenue included utility reimbursements,
vehicle reimbursements from City employees, public/private
donations, and accounts receivable including Airport and
administrative fees
John Vuyk briefed the Council regarding the total expense
overview for FY20-21. He said funds in the Salt Lake City budget
were separated into the following categories: Enterprise, General,
internal service funds, and the E911 fund, and total City expenses
projected for FY21 was $1.2 billion (decrease of $700 million).
Additional points included:
• Homeless services
• Emergency management (need for new software and other
services)
• Incentivized Rent Assistance (proposal to use $1 million
from Capital Improvement Program (CIP) to provide rent
and mortgage assistance)
• Salary and Insurance increases
• Transit key route overview of funding
Councilmember Dugan requested clarification regarding license
revenue changes this year from the Salt Lake City International
Airport construction and for clarification regarding the tax of
online sales.
Councilmember Johnston noted an interest from departments
regarding service levels, past year service levels, and vacancies
being held open in the coming fiscal year when budgets were
presented.
Councilmember Rogers requested clarification in the transit
key route reduction and requested a follow up at next week’s
meeting.
#6. 3:50:41 PM OVERVIEW FROM COUNCIL STAFF OF THE MAYOR’S RECOMMENDED BUDGET FOR SALT LAKE CITY FOR FISCAL YEAR 2020-2021.
View Attachments
Jennifer Bruno briefed the Council with attachments.
Discussion was held regarding policy choices within the budget as
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proposed and the different impacts of the determinations.
Discussion included:
• Using one-time money to balance ongoing needs
• Keeping employees status quo may present challenges from the
local market competition
• Proposed budget used previously unused funds to balance the
budget and shift resources to reflect housing as a policy
priority
• ERP (Enterprise Resource Planning) initiative was included
in the Information Management Services (IMS) budget overview
and was a significant investment of the City in anticipation
of building enterprise-wide solutions
• Fleet Fund (internal service fund) had been impacted by the
General Fund budget determination of a contribution of $5
million, with continuing maintenance on older vehicles
rather than investing in new vehicles.
Councilmember Johnston said there was a need for planning the
Fund Balance at multiple years, with a 2 to 3-year cycle (not
keeping Fund Balance at 15% for the next three years), and an
analysis of the City’s emergency needs.
#7. DINNER BREAK
#8. 5:17:46 PM BRIEFING REGARDING THE PROPOSED GOVERNMENTAL IMMUNITY BUDGET FOR FISCAL YEAR 2020-2021, WHICH IS THE CITY'S SELF-INSURANCE FUND FOR LIABILITY CLAIMS. View Attachments
Russel Weeks introduced the proposed Governmental Immunity
Budget for FY20-21, noting the fund was a “flat” fund with no
increase.
Tamra Turpin addressed the following points:
• City was self-insured for liability and sets money
aside in the Governmental Immunity Fund
• Cost of settling a claim was paid from this budget
o Summary of liability claims was included in the
attachments
Katherine Lewis provided additional context and said the
immunity fund was important for negotiating claims against the
City, and since the immunity budget had been increased, the City
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had never exceeded the budget due to the conservative nature of
settling cases.
#9. 5:25:50 PM BRIEFING REGARDING THE PROPOSED JUSTICE COURT DEPARTMENT BUDGET FOR FISCAL YEAR 2020-2021. The Justice Court
handles misdemeanor criminal citations, small claims, traffic
citations and traffic school for moving violations. View
Attachments
Libby Stockstill provided an overview regarding the proposed
Justice Court Department budget for FY2021. Key points included:
• Budget remaining flat with identified savings due to COVID-
19
o Pause in operations
o Elimination of two FTE positions
o Holding two FTE positions vacant
Curtis Preece and Judge Landau briefed the Council.
Discussion points included:
• Anticipated re-opening by June 1, 2020
• Violators were making donations in lieu of paying fines as
well as COVID-19 related community service, although this
will impact revenue
• Online court was sufficient for remote bench trials and
some remote jury trials
• Specialty calendar development to ensure violators were
immediately connected to their needs
• 1,200 jury questioners have been created to have a snapshot
to collect all demographic data to ensure the right ratio
of diversity.
Valeta Hitchcock briefed the Council on revenue from debt
collection interceding tax dollars, and various payments from
individuals. She also included that revenue had decreased although
money was saved by the reduction of required personnel.
Councilmember Fowler spoke regarding fines and fees being
down within the Justice Court system, due to COVID-19, requesting
clarification on Senator King’s bill stating that violators could
do community service in lieu of paying fines, and looking to
repurpose personnel for more resources within the court system.
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, MAY 12, 2020
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Councilmember Valdemoros asked for more diversity within the
jury duty pool and to continue this effort into next year, with an
overview of staff and responsibility within the Justice Court.
#10. 5:53:16 PM BRIEFING REGARDING A PROPOSAL THAT WOULD UPDATE THE CITY’S STORM SEWER SYSTEM ORDINANCE. The storm sewer carries
rainwater and melted snow through gutters and drains to an
underground system that flows to nearby rivers, canals, or creeks.
Sometimes pollutants in runoff may enter the storm sewer system
and may impact downstream rivers and lakes. While the City has
adopted ordinances to protect water quality, the proposed
amendments more effectively meet changing federal and State
regulations to ensure stormwater quality standards. The amendments
also deal with the City's enforcement of the standards. View
Attachments
Sam Owen briefed the Council with attachments. Discussion was
held regarding ordinance for storm sewer amendments noting the
following points in the ordinance:
• Amendments based on a 2016 State and federal storm sewer audit
to clarify City access to private properties for enforcement
• Preservation of the previously delegated Administrative power
to determine fines for violations up to $10,000 or no more
severe than the penalty of a Class B misdemeanor
• Clarification on authority to pursue escalating fines for
persistent violations
• Allowance of enhanced post construction control through
ordinance rather than through incentive rebate programs
Laura Briefer provided the Council additional detail
regarding: run off could contain pollutants when passing through
gutters and drains, the City was regulated under the Clean Water
Act and the Utah Water Quality Act to monitor and regulate those
discharges, regulating illicit discharge to the sewer system and
included a permit process. She added in August of 2016 an audit
reviewed all elements of the program and reported with one of the
alleged deficiencies being regulatory authority to enter private
property and escalate enforcement, and the proposed ordinance
changes would provide clarity to the regulatory authority.
#11. 6:02:34 PM WRITTEN BRIEFING REGARDING THE PROPOSED BUDGET FOR THE OFFICE OF THE SALT LAKE CITY ATTORNEYS OFFICE FOR FISCAL
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, MAY 12, 2020
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YEAR 2020-2021. View Attachments
Lehua Weaver briefed the Council regarding the proposed
budget for the Salt Lake City Attorney’s Office for FY2021. She
noted the proposed salary adjustments, savings findings due to
vacancy savings, and the District Attorney’s (DA) Office request
for four new positions of support. Katherine Lewis briefed the Council on the Attorney’s Office
association with the District Attorney’s Office for prosecutor
services as well as an overview of the Divisions within the office
of the City Attorney – Civil Division, Risk Division and Recorder’s
Office. Additional points made regarding the proposed budget
include:
• Flat budget with vacancy savings
• Due to COVID-19, request for two new full-time employee (FTE)
positions requested in the Attorney’s office was not listed
but was still needed due to time-intensive litigation
• Interlocal agreement with the DA since September 2015 and
amended in July 2018 ongoing through June 30, 2028.
o Provides all City prosecutorial services
o DA authorized to oversee prosecution of City cases under
State law and City ordinance in all courts
o DA was designated as the Deputy Public Prosecutor, and
permits the assignment of staff needed for case load
processing
o City pays the County to operate the prosecutor’s office
including management, lease and operations fees
o Budget for entry level prosecutor was $83,000, mid-level
prosecutor $93,000, and top-level $99,000. Budget for a
litigator was $197,000, and legal secretary was $68,000.
Sim Gill briefed the Council with additional information
including: Victim Advocate position serving 1,493 victims – with
focus on domestic violence cases, case load metrics, the impact of
the partnership with the City, in-house positions, and potential
use of field diversion.
Councilmember Fowler requested review for the potential
funding option of the two FTE positions in the Attorney’s Office.
Councilmember Wharton inquired on reasoning for requesting
the Victim Advocate for the DA’s office (rather than an additional
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prosecutor). Mr. Gill said the work/impact of the Victim Advocate
was valuable/critical, it was a need going un-met, and that
specific service could not be substituted.
Councilmember Wharton asked Staff to make a note for the
Council to receive a briefing later in the year regarding diversion
programs. STANDING ITEMS #12. 6:45:47 PM REPORT OF THE CHAIR AND VICE CHAIR. Item not held. #13. 6:46:05 PM REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING A REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. The Council
may give feedback or staff direction on any item related to City
Council business, including but not limited to scheduling items.
Item not held.
#14. 6:46:12 PM CONSIDER A MOTION TO ENTER INTO CLOSED SESSION, IN KEEPING WITH UTAH CODE §52-4-205 FOR ANY ALLOWED PURPOSE.
Councilmember Fowler moved and Councilmember Johnston
seconded to enter into Closed Session to discuss Collective
Bargaining (labor negotiations) pursuant to Utah Code §52-4-
205(1)(b); and Attorney-Client matters that are privileged
pursuant to Utah Code §78B-1-137, and for other lawful purposes
that satisfy the pertinent requirements of the Utah Open and Public
Meetings Act. A roll call vote was taken. Council Members Johnston,
Wharton, Valdemoros, Rogers, Fowler, Mano, and Dugan voted aye.
See File M 20-1 for Sworn Statement. Virtual Attendance: Council Members Johnston, Wharton, Valdemoros,
Rogers, Fowler, Mano, and Dugan.
Others in Virtually Attendance: Cindy Gust-Jenson, Benjamin
Luedtke, Katherine Lewis, Jennifer Bruno, Lisa Shaffer, Rachel
Otto, Cindy Lou Trishman, David Salazar, Jaysen Oldroyd, Jodi
Langford, John Vuyk, Jonathan Pappasideris, Mark Kittrell, Mary
Beth Thompson, and Scott Crandall.
MINUTES OF THE SALT LAKE CITY COUNCIL WORK SESSION MEETING TUESDAY, MAY 12, 2020
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The Work Session and Closed Session meetings adjourned at
7:57 p.m.
Minutes Approved: Tuesday, March 16, 2021
_______________________________
COUNCIL CHAIR
_______________________________
CITY RECORDER
This document is not intended to serve as a full transcript
as other items may have been discussed; please refer to the audio
or video for entire content pursuant to Utah Code §52-4-203(2)(b).
This document along with the digital recording constitute the
official minutes of the City Council Work Session meeting held May
12, 2020.
kt/dr/clt
Chris Wharton (Mar 30, 2021 19:52 MDT)
Cindy Trishman (Mar 30, 2021 22:02 MDT)
05-12-20 Work Session Minutes (adopted
03-16-21)
Final Audit Report 2021-03-31
Created:2021-03-18
By:Kory Solorio (kory.solorio@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAvaVmbuWKiaXeNqQWGKPuOfhCD05inhnL
"05-12-20 Work Session Minutes (adopted 03-16-21)" History
Document created by Kory Solorio (kory.solorio@slcgov.com)
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