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04/16/2002 - Minutes (2) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, April 16, 2002, at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Van Turner, Eric Jergensen, Nancy Saxton, Jill Remington Love, Dave Buhler, and Dale Lambert. Also in Attendance: Cindy Gust-Jenson, Executive Council Director; Rocky Fluhart, Chief Executive Officer; LuAnn Clark, Housing and Neighborhood Development Director; Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Michael Sears, Council Budget and Policy Analyst; Roger Cutler, City Attorney; Archie Archuleta, Mayor's Administrative Assistant for Minority and Community Affairs; Lyn Creswell, Assistant City Attorney; Russell Weeks, Council Policy Analyst; David Nimkin, Mayor's Chief of Staff; Jim Considine, Labor Relations Specialist; Tina Hose, Senior Human Resource Consultant; David Dobbins, Community and Economic Development Deputy Director; Karen Wiley, Housing and Neighborhood Development Grant Financial Administrator; Deborah Martin, Senior Secretary/Board of Adjustment; Brenda Hancock, Director of Human Resource Management; Angela Romero, Mayor' s Office; Candice Gibson, Youth City Government; Mary Johnston, City Courts Director; and Beverly Jones, Deputy City Recorder. Councilmember Buhler presided at and conducted the meeting. The meeting was called to order at 5:33 p.m. AGENDA ITEMS #1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. No report was given. See File M 02-5 for Council announcements. #2. INTERVIEW DAVID FOX PRIOR TO CONSIDERATION OF HIS RE-APPOINTMENT TO THE HOUSING ADVISORY AND APPEALS BOARD. Mr. Fox said he had served on the board for approximately two years. He said he enjoyed the board and wanted to continue serving. Councilmember Christensen asked if Mr. Fox had noticed any reoccurring obstacles as to units becoming useable for housing. Mr. Fox said the board had seen properties which were fairly marginal. He said more follow-up was needed on housing problems the inspectors found. Councilmember Saxton asked how often the board met. She asked if the case load which came before the board had increased. Mr. Fox said the board met once a month and the case load was constant. #3. INTERVIEW DIANE EDMONDS PRIOR TO CONSIDERATION OF HER RE-APPOINTMENT TO THE HOUSING ADVISORY AND APPEALS BOARD. Ms. Edmonds said she had been on the board for three years. She said the board helped owners and inspectors reach common ideals of safety issues for tenants. #4. RECEIVE A REPORT FROM THE YOUTH CITY GOVERNMENT REGARDING RECOMMENDATIONS TO 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 AMENDMENTS TO THE SALT LAKE CITY CODE PERTAINING TO DANCEHALLS, RESTAURANTS, TAVERNS AND PRIVATE CLUBS AND CURFEW FOR MINORS. View Attachment Angela Romero and Candice Gibson briefed the Council from the attached handout. Ms. Gibson said Youth City Government felt a minimum age for entering dancehalls which did not serve alcohol was not needed. She said if a minimum age was needed, they felt 16 years old would be appropriate since it existed with the current curfew law. She said they felt any dancehall or dance club that did not serve alcohol should close to meet curfew regulations. She said language in Section 11.44.070 of the proposed ordinance should clarify the term "organized dance" to include organized dances by churches, schools, community based and civic organizations. Councilmember Christensen asked what areas youth were most frustrated with. Ms. Gibson said youth wanted more safe and fun activities. Councilmember Buhler said some dance clubs were divided. He said half of the club was for adults and served alcohol and the other half was for youth and did not serve alcohol. He said when it was too late to serve alcohol, the barrier came down and everyone mixed together. Ms. Gibson said adults and youth intermingle all the time through church or community based organizations and events. Councilmember Buhler asked the City Attorney' s Office to draft an ordinance in line with the recommendations of Youth City Government. #5. RECEIVE AN UPDATE REGARDING THE SALT LAKE CITY JUSTICE COURT ORDINANCE AND THE STATUS OF JUSTICE COURT IMPLEMENTATION. View Attachment Gary Mumford, Mary Johnston and Roger Cutler briefed the Council from the attached handout. Councilmember Buhler asked if the salary level for judges was prescribed in the ordinance or did the City have flexibility. Mr. Cutler said State Statute caped the salary at 85% of a District Judge salary. Councilmember Buhler asked if beginning salaries had been determined. Ms. Johnston said the position would be an executive level pay plan (006) and the minimum range would start at $2264.62 biweekly. She said mid-range would be $2921.80 biweekly and the maximum range would be $3214.06 biweekly. Councilmember Buhler asked if all judges would be started at the same level or if some determination based on past experience would be used. Ms. Johnston said there would be some negotiation. Councilmember Christensen asked about the elimination of the Administrative Justice process. Mr. Cutler said he felt the process would work better with one judicial system. He said Justice Court could prosecute civil penalties and criminal cases. Councilmember Saxton said she was not comfortable requiring that judges be attorneys. She asked the Council to reconsider the qualification that all judges needed a legal background. Councilmember Lambert referred to Page 20 of the draft ordinance. He asked Mr. Cutler to review the section titled Notice of Violations. Cindy Gust-Jenson said the proposed ordinance related to the budget. She said the Administration was proposing four judges plus three part-time judges who would be available to fill in. She said the Administration was relying on the budgeted money 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 for the existing Administrative Court Judge position. Councilmember Christensen asked about the part-time judge positions. Ms. Johnston said if they decided another full-time position was needed, they would not use part-time positions. She said the part-time positions would make approximately $28 to $36 an hour with no benefits. Councilmember Saxton asked about hiring additional staff if another judge was hired. Ms. Johnston said the Administrative Court staff would roll over into the Justice Court. She said no additional staff would be needed. Councilmember Turner said he felt the Justice Court would give better service and be more economical. He asked if the City would make approximately $1.5 by handling the court process. Ms. Gust-Jenson said they could not guarantee that amount. She said there was hope the system would break even but it was not designed to be a money maker. Mr. Cutler said the City had decriminalized laws which previously went to the District Court. He said by setting up the Justice Court and bringing criminal activity from the District Court, the City could have a more user friendly process. He said citizens could be given more adequate due process with judges that were focused on decriminalized matters. Councilmember Love asked who would pay for the judges training in May. Ms. Johnston said the training was through the Administrative Office of the Courts and there was no fee. #6. INTERVIEW THE FOLLOWING APPLICANTS PRIOR TO CONSIDERATION OF THEIR APPOINTMENTS AS JUSTICE COURT JUDGES AND PRO TEM JUSTICE COURT JUDGES: A) John Baxter, Justice Court Judge, said he grew up on the westside of Salt Lake City. He said he graduated from West High School. He said he now lived in Central City. He said he graduated from Law School at the age of 41. He said he currently worked at Salt Lake Legal Defenders. He said they were a 50 lawyer nonprofit organization which handled high profile cases. He said he supervised a nine-lawyer misdemeanor section. Councilmember Christensen asked Mr. Baxter how he would deal with an average person who had never experienced a legal process. Mr. Baxter said he was plain spoken. He said he had watched in courtrooms where prosecutors and defense attorneys created tension where no tension was needed. He said the punishment needed to be punished, not the individual. Councilmember Lambert asked about restorative justice. Mr. Baxter said restorative justice was a multi-prone approach rather than just a punishment for the defendant. He said they looked at healing the community, the defendant, the defendant' s family and the victim. He said when someone did something wrong, they were isolated from society, and went through a lengthy process of citizen reviews, and victim mediations. He said the defendant had an opportunity to participate in determining what restitution they should make to the community. B) Zane Gill, Justice Court Judge, said he had served as the City's Administrative Law Judge for approximately two years. He said he had practiced law for 18 years. He said he had seen efficiencies and had good feedback from the public and the police about the way the decriminalized traffic code had been handled. He said he hoped to capitalize on the efficiencies learned up to this point. 02 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 Councilmember Saxton said she had considered the new justice court for quality of life. She said there could be benefits to streamlining the cases. Mr. Gill said restorative justice was at the core of the justice court system. C) Paul Iwasaki, Justice Court Judge, said he graduated from West High and the University of Utah. He said he had worked for the Salt Lake City Police Department as a police officer in 1975. He said after graduating from law school he became a prosecutor with the Salt Lake County Attorney' s Office. He said he had worked as a prosecutor for approximately 6 years. He said after he left the County he became an Administrative Law Judge with the Department of Work Services for approximately 1 1/2 years. He said he left that position to become an Administrative Law Judge at the Utah State Tax Commission for approximately five years. He said he currently worked for the Utah Attorney General's Office. Councilmember Lambert asked Mr. Iwasaki if he would have any problems finding someone innocent. Mr. Iwasaki said the role of a prosecutor was to do justice. He said that meant to be reasonable, civil and objective. Councilmember Saxton asked if Mr. Iwasaki felt it took an attorney's background for a justice court judge position. Mr. Iwasaki said an attorney's background would help in the position. D) Virginia Ward, Justice Court Judge, said she had been a resident of Utah since she was five years old. She said during law school she served an internship at the Public Defender' s Office in Philadelphia. She said she had been a Salt Lake City prosecutor for approximately seven years. She said she was excited the City was looking at the community court system as a model. Councilmember Christensen said he shared concerns about the quality of life issue. He said residents needed to feel that justice was brought to a timely and appropriate conclusion. He said it was frustrating for the community at large to feel that a process had not taken place and a conclusion reached. He said he hoped the justice court could accomplish that. Ms. Ward said it was her goal to treat crimes and civil violations as things which had an impact on communities and neighborhoods. E) Kenneth Allen, Pro Tem Justice Court Judge, said he was from California. He said he grew up in a military family and had traveled around the world. He said he attended high school and a university in New Mexico on an athletic and Presidential academic scholarship. He said he majored in business and went to work for the Defense Depot in Ogden. He said he graduated from the University of Utah Law School. He said he and a partner set up a law practice called Allen and Billeter. He said the firm was a general practitioner firm which did everything from divorce to defense work. He said from there he went to Tooele Army Depot where he was an Attorney Advisory. He said part of that responsibility was being a prosecutor. Mr. Allen said after that he worked for the Department of Commerce as a Division Counsel and the Utah Digital Signature Coordinator. F) Catherine McAvoy Johnson, Pro Tem Justice Court Judge, said she came to the Salt Lake Valley from Louisiana in 1971. She said she attended Brighton High School. She said she had been in Salt Lake for 35 years. She said she had witnessed the cultural expansion of the City, the population explosion, and the changing face of the community. She said she attended college and law school at the University of Utah. She said she started out as an attorney with the Child Support Enforcement Division of the Attorney General's Office. Ms. Johnson said she had worked for the Department of Commerce in the Division of 02 - 4 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 Security for approximately five years. She said she went back to the Attorney General's Office where she did criminal appeals. She said she worked for the Utah Court of Appeals as a Central Staff Attorney. She said she was appointed to the South Salt Lake Justice Court. She said she was involved in a domestic violence program in which restorative justice was used. She said they offered people the opportunity to restructure their thinking. She said people were sent to counseling, and they had a victim advocate in the court. She said she wanted to explore the possibility of a drug or mental health court. G) Barbara Melendez, Pro Tem Justice Court Judge, said she came to the United States at the age of six from Cuba. She said she grew up in New Jersey. She said she attended the University of Texas on a scholarship. She said from there she moved back to New Jersey and then to Miami. She said she moved to Puerto Rico where she was an account supervisor for a national advertising firm. She said she graduated from law school at Brigham Young University. She said she was an in-house counsel for Sinclair Oil. She said she handled the company's immigration cases both in the State of Utah and for the other entities outside the State. She said she set up a practice in a law firm in Provo. She said she handled immigration law, family law, mediation, employment law and misdemeanor cases for the firm. She said she spoke Spanish and Portuguese fluently. Councilmember Buhler said he wanted to approve the justice court judge appointments on Thursday, April 18, 2002. All Council Members were in favor. #7. RECEIVE A BRIEFING REGARDING A LOAN FOR BABINSKI' S INC. FROM SALT LAKE CITY'S SMALL BUSINESS REVOLVING LOAN FUND. View Attachment Gary Mumford and LuAnn Clark briefed the Council from the attached handout. Mr. Mumford said the company wanted to expand into additional space. Councilmember Saxton said Babinski' s had qualified for a conventional loan from Zions but were quoted a rate of 9% to 10%. She asked if there was a default on the five-year loan and the business closed, would the money be due at that point or would the five years continue to run out. Ms. Clark said the money would be due when the business closed. All Council Members were in favor of the loan. #8. HOLD A DISCUSSION REGARDING CDBG, ESG, HOPWA AND HOME PROGRAMS. View Attachment Michael Sears and LuAnn Clark briefed the Council from the attached handout. Discussion was held on Housing Opportunities for People With Aids (HOPWA) . All Council Members were in favor of funding Item No. 1, Housing Authority of Salt Lake City at $117,000, and Item No. 2, Salt Lake Community Action Program at $149,500. All Council Members were not in favor of funding Item No. 3, Ogden Area Community Action Program. All Council Members were in favor of funding Item No. 4, Utah Nonprofit Housing Corporation at $17,500, Item No. 5, Utah Aids Foundation at $10, 000, Item No. 6, Ogden Housing Authority at $40, 000, Item No. 7, Davis County Housing Authority at $40, 000, Item No. 8, Catholic Community Services at $40,000 and Item No. 9, Kenyon Consulting at $7,000. A discussion was held on the Emergency Shelter Grant (ESG) program. 02 - 5 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 All Council Members were in favor of funding Item No. 1, Salt Lake Community Shelter and Resource Center at $90, 000 and Item No. 2, Housing Outreach Rental Program at $18,000. All Council Members were not in favor of funding Item No. 3, Marillac House. All Council Members were in favor of funding Item No. 4, St. Mary' s Home for Men at $5,000, Item No. 5, Safe Haven at $28, 000, Item No. 6, Residential Self-Sufficiency Program at $25,000 and Item No. 7, Salt Lake Interfaith Hospitality Network at $5, 000. A discussion was held on the HOME program. All Council Members were in favor of funding Item No. 1, Neighborhood Housing Services at $150, 000, Item No. 2, Neighborhood Housing Services at $162, 600, Item No. 3a, Salt Lake Community Development Corporation at $100, 000, Item No. 3b, Salt Lake Community Development Corporation at $135,000, Item No. 4, Utah Nonprofit Corporation at $150,000, and Item No. 5, Salt Lake City Housing and Neighborhood Development at $570,000. All Council Members were not in favor of funding Item No. 6, Family Support Center. All Council Members were in favor of funding Item No. 7, administration costs at $135,400. A straw poll was taken on giving an additional $35, 000 to Item No. 2, Neighborhood Housing Services for a total of $162, 600 and an additional $35,000 to 3b, Salt Lake Community Development Corporation for a total of $135, 000. All Council Members were in favor except Councilmember Lambert who was not in favor. A discussion was held on Community Development Block Grant (CDBG) funding. HOUSING: All Council Members were in favor of funding Item No. 1, Assist, Inc. at $325,000 and Item No. 3a, Community Development Corporation (Administration) at $70,000. All Council Members were not in favor of funding Item No. 3b, Community Development Corporation (property acquisition) . All Council Members were in favor of funding Item No. 3c, Community Development Corporation (older home rehabilitation) at $100, 000, Item No. 4, Multi-Ethnic Development Corporation at $10, 000, Item No. 5, LifeCare at $30, 000, Item No. 6, Salt Lake Neighborhood Housing Services at $75, 000, Item No. 7, Salt Lake City Housing and Neighborhood Development (housing match fund) at $90,000 and Item No. 8, Salt Lake City Housing and Neighborhood Development (low and moderate income housing rehabilitation) at $550,000. STREET DESIGN: All Council Members were not in favor of funding Item No. 1, Fenway Avenue neighborhood. All Council Members were in favor of funding Item No. 2, Salt Lake City Engineering at $40,000. All Council Members were not in favor of funding Item No. 3, Salt Lake City 02 - 6 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 Redevelopment Agency and Item No. 4, Strong Court neighborhood. All Council Members were in favor of funding Item No. 5, the Utahna neighborhood at $30,000. STREET CONSTRUCTION: All Council Members were in favor of funding Item No. 1, Salt Lake City Engineering (physical access ramps) at $200,000, Item No. 2, Salt Lake City Engineering (Glendale Street reconstruction) at $535, 000 and Item No. 3, Salt Lake City Engineering (600 West between 500 and 600 North) at $308,000. SIDEWALKS: All Council Members were in favor of funding Item No. 1, Salt Lake City Engineering (sidewalk replacement program) at $200,000. PARKS: All Council Members were not in favor of funding Item No. 2, Keith Jensen (Cannon Park improvements) . All Council Members were in favor of funding Item No. 3, Riverpark Community Garden neighborhood at $10, 000, and Item No. 4, Salt Lake City Engineering (Fairmont Park plan and construction) at $330, 000. All Council Members were not in favor of funding Item No. 5, Glendale Park tennis court improvements, Item No. 6, Jordan Park pavilion, Item No. 8, Jordan Park residence house remodel, Item No. 9, Jordan River Park improvements, and Item No. 10, Poplar Grove Park pavilion. All Council Members were in favor of funding Item No. 11, Riverside Drive streetscape at $150,000. All Council Members were not in favor of funding Item No. 12, Riverside Park parking lot. All Council Members were in favor of funding Item No. 13, Riverside Park playground at $140,000. All Council Members were not in favor of funding Item No. 14, Roberta LaConia parking lot improvements. All Council Members were in favor of funding Item No. 15, Sherwood Park playground at $91,000 and Item No. 16, Tauffer Park playground at $22,000. All Council Members were not in favor of funding Item No. 17, Warm Springs Park restroom. PUBLIC SERVICES: All Council Members were not in favor of funding Item No. 1, Adventure Center, Item No. 2, African American Task Force, and Item No. 3, Asian Association of Utah. All Council Members were in favor of funding Item No. 4, Boys and Girls Club if money was available, Item No. 5, Boys and Girls Club (Youth With a Voice) at $20, 000, Item 02 - 7 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 No. 6, Boys and Girls Club (Capitol West Club) at $34, 000, and Item No. 7, Catholic Community Services at $45,000. All Council Members were not in favor of funding Item No. 8, Children's Museum of Utah. All Council Members were in favor of funding Item No. 9, Community Health Centers at $85,000, Item No. 10, Crossroads Urban Center at $14,000, Item No. 11, Family Support Center at $5,000, Item No. 12, First Step House at $5,000, and Item No. 13, Guadalupe Center Educational programs at $40,000. All Council Members were not in favor of funding Item No. 14, LifeCare. All Council Members were in favor of funding Item No. 15, Literacy Volunteers of America at $5,000. All Council Members were not in favor of funding Item No. 16, Neighborhood House or Item No. 17, Ouelessebougou-Utah Alliance. All Council Members were in favor of funding Item No. 18, Our House at $60, 000, Item No. 19, People Helping People at $15, 000, Item No. 20, Prevent Child Abuse Utah at $8,000, Item No. 21, Rape Recovery Center at $30,000, Item No. 22, Salt Lake Community Action program (Housing Outreach Rental Program) at $35, 000, Item No. 23, Salt Lake Community Action program (Northwest Emergency Food Pantry) at $25,000, Item No. 24, Salt Lake Community Action program (Tenant Maintenance Program) at $10,000 and Item No. 25, Salt Lake Donated Dental at $30,000. All Council Members were not in favor of funding Item No. 26, Salt Lake City HAND (Neighborhood Self-Help Grant) . All Council Members were in favor of funding Item No. 27, Salt Lake City Police Department (crime prevention) at $75,000, Item No. 28, Salt Lake City Police Department (Mobile Neighborhood Watch) at $10,000, Item No. 29, The Road Home at $126, 000, Item No. 30, Utah Nonprofit Housing Corporation at $30,000, Item No. 31, Utah Peace Institute at $7,500, Item No. 32, Wasatch Community Gardens at $10, 000 and Item No. 33, YMCA at $5, 600. Council Members wanted to reduce funding for Item No. 18, Our House to $5, 800 and reduce Item No. 31, Utah Peace Institute by $2, 000 to put towards the YMCA. PUBLIC SERVICE BUILDING IMPROVEMENTS: All Council Members were not in favor of Item No. 1, And Justice For all, Item No. 2, Artspace/Bridges, Item No. 3, Asian Association of Utah and Item No. 4, Children's Museum of Utah. All Council Members were in favor of funding Item No. 5, East Central Community Council at $50,000. All Council Members were not in favor of Item No. 6, First Step House. All Council Members were in favor of funding Item No. 7, Nettie Gregory Community Center at $4,000. All Council Members were in favor of funding Item No. 8, Rape Recovery Center at $35,000, except Councilmember Saxton who was not in favor. 02 - 8 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, APRIL 16, 2002 All Council Members were not in favor of funding Item No. 9, Salvation Army. All Council Members were in favor of funding Item No. 11, Salt Lake City HAND (special contingency fund) at $10,000. All Council Members were not in favor of funding Item No. 12, Utah Alcoholism Foundation (Women and Children's Center - kitchen remodel) . All Council Members were in favor of funding Item No. 13, Utah Alcoholism Foundation (House of Hope) at $8,000, Item No. 14, Utah Food Bank at $30, 000, and Item No. 15, Volunteers of America at $15,000. PLANNING: All Council Members were not in favor of funding Item No. 1, Sugarhouse Community Study for National Register. All Council Members were in favor of funding Item No. 2, Sugarhouse Business District Small Area Plan at $15,000. All Council Members were not in favor of Item No. 3, Wasatch Plunge Community Recreation Center feasibility study, Item No. 4, Rose Park commercial node infrastructure improvements and Item No. 5, Wasatch Front Resource Conservation and Development Council. GENERAL ADMINISTRATION: All Council Members were in favor of funding Item No. 1, Utah Issues at $5, 000. CITY ADMINISTRATION: All Council Members were in favor of funding Item No. 1, City Attorney' s Office at $55,432, Item No. 2, Community Affairs at $41, 998, Item No. 3, Environmental Assessments at $55, 640, Item No. 4, Finance at $43, 680, Item No. 5, Housing and Neighborhood Development at $422, 694, Item No. 6, Office of Neighborhood Services at $49,711 and Item No. 7, Property Management at $48,287. Mr. Sears said there was $3,000 in Percent for Art and $81,258 in contingency. He said that left a balance of zero. #9. CONSIDER A MOTION TO ENTER INTO AN EXECUTIVE SESSION, IN KEEPING WITH UTAH CODE, TO DISCUSS LABOR NEGOTIATIONS. An Executive Session was held. See File M 02-2 for Sworn Statement and confidential tape. The meeting adjourned at 10:20 p.m. bj 02 - 9 MEMORANDUM DATE: April 9, 2002 TO: City Council Members FROM: Russell Weeks RE: Legislative Action Item: Proposed Amendments to Chapter 9.04 titled Dancehalls, Restaurants, Taverns and Private Clubs and Section 11.44.070 titled Curfew for Minors. CC: Cindy Gust-Jenson,Rocky Fluhart,Margaret Hunt,Police Chief Rick Dinse, Janet Wolf,David Dobbins,Angela Romero • This memorandum addresses the recommendations and surveys by the Youth City Government pertaining to proposed amendments to Chapter 9.04 titled Dancehalls, Restaurants, Taverns and Private Clubs and Section 11.44.070 titled Curfew for Minors. According to the transmittal to the City Council,the Youth City Government recommends a minimum age be required to enter dancehalls and clubs that do not serve alcoholic beverages.The Youth City Government recommends that the curfew age be set at 16 years of age.The Youth City Government also recommends that the term"organized dance"in Section 11.44.070 be defined as dances sponsored by churches,schools and community-based organizations. The Youth City Government's surveys stem from a December 11,2001,City Council action in which the Council adopted a legislative action item requesting the Administration to amend Chapter 9.04,Dancehalls, Restaurants, Taverns and Private Clubs and Section 11.44.070, Curfew for Minors.The Council unanimously voted to adopt the action item and refer the issue to the Administration for review and drafting. Council Members David Buhler,Tom Rogan,and Roger Thompson originally sponsored the action item.The three proposed to amend Chapter 9.04 and Section 11.44.070 to include language that: • Establishes a minimum age of 18 years for entering and dancing at dancehalls or dance clubs that do not serve alcoholic beverages and remain open beyond the curfew hours for minors. • Exempts minimum age requirements for any dancehall or dance club that does not serve alcoholic beverages and closes to meet curfew regulations. • Clarifies language in Section 11.44.070 Subsection D4 to make clear that the term "organized dance"includes dances organized by churches or schools. The three Council Members suggested that their proposal be referred to the Youth City Government for review and that the Youth City Government make recommendations for City 1 Council consideration before the ordinances are amended. The Council Members suggested that policy issues the Youth City Government could consider were: • Is it valid public policy to establish a minimum age for patronizing a business such as a dance club that does not serve alcoholic beverages but that adults also patronize? • What is an appropriate age for legal minors to interact socially with adults in places such as dance clubs? • Is it valid public policy to encourage a potential market that would cater only to teenagers? BACKGROUND The proposal originated from three issues that arose during the City Council's consideration of a proposal to extend the hours for dancehalls and dance clubs. Council Members noted that ordinances in some cities separated the social activities of minors and adults while other cities' ordinances relied on curfew laws to regulate minor's activities. Coincidentally,some City Council Members received information that at least one Salt Lake City dance club that did not serve alcoholic beverages allowed fifth-and sixth-graders to patronize its business as well as adults,and that Salt Lake City's curfew ordinance did not appear to be enforced at that club. Third,some police officers voiced concerns about language in City Code Section 11.44.070 Subsection D 4.According to them,the term"organized dance"is ambiguous and hinders their enforcement of curfew regulations. Research indicated that regulation of minors in dance clubs in other cities appears to run a spectrum of methods.Denver allows dance halls and public dances to continue until 2 a.m. "provided,however,that nothing herein shall be construed to affect the curfew provisions of this Code relative to minors."Fargo,North Dakota,also relies on its curfew ordinance to regulate the activities of minors. Charlotte,North Carolina,permits people under age 16 patronize adult dance halls until 11 p.m. on weekdays and midnight on weekends.People ages 16 and 17 are permitted in adult dance halls until midnight on weekdays or 2:30 a.m.on weekends.Adult dance halls are required to post signs"conspicuously at each entrance of the business"to show how late minors can stay at the dance halls. Charlotte also has a provision in its ordinances for juvenile dance halls that makes it`unlawful for a person eighteen(18)years of age and over to enter a juvenile dance hall."Madison,Wisconsin,prohibits"any person under the age of eighteen(18)to attend or take part in any public dance unless such person is chaperoned by a parent or legal guardian or unless the dance is held under the auspices of school or church authority or a parent-teacher association or the Madison Board of Education."Madison's ordinances also contain provisions for"private teen dance clubs."The provisions define the clubs as"primarily for persons between the ages of fourteen(14)and eighteen(18).The ordinances prohibit anyone under age 14 to enter a private dance club unless accompanied by a parent or guardian.They also require operators of a private dance club to"discourage the attendance as such dances of persons eighteen years of age or older."Ordinances of Clearwater, Florida,which were patterned after ordinances in Tampa and St. Petersburg prohibit anyone under age 18 to enter an adult dance hall. The ordinances also contain provisions for juvenile dance halls. The provisions bar anyone age 18 or older from entering a juvenile dance hall. Council staff has attached the existing City ordinance pertaining to curfew for minors. 2 f 11.44.070 Curfew for minors. A. It is unlawful for any minor under sixteen years of age to remain or loiter on any of the sidewalks, streets, alleys or public places in the city between eleven p.m. and five a.m. the following morning. B. It is unlawful for any minor under eighteen years of age to remain or loiter on any of the sidewalks, streets, alleys or public places in the city between one a.m. and five a.m. the following morning. C. It is unlawful for any parent, guardian or other person having legal care and custody of any minor dealt with respectively in subsections A and B of this section to knowingly allow or permit any such minor to remain or loiter on any of the sidewalks, streets, alleys or public places in the city,within the times provided in subsections A and B, respectively, of this section, except as provided in subsection D of this section. D. The provisions of subsections A, B and C of this section shall not apply where the minors dealt with respectively in subsections A and B are: 1. Married; 2. Accompanied by a parent, guardian, or other adult person having the care and custody of such minor; 3. Have, in the minor's possession, a written authorization from the parent or guardian allowing the minor to be out beyond curfew hours. The authorization must be specifically drawn to describe the activity allowed and the time allowed. If the minor is engaged in activities and/or at times not allowed by the parental or guardian note this exemption shall not apply and the officer shall confiscate the note for evidence; 4. Returning home from, going to or being in attendance at any religious or school function, organized dance, theater, sports event or other such associational activity; provided, however, that going to or from such activity shall be by a direct route and within a reasonable time of the commencement or termination of such event; 5. Engaged in legitimate employment and can produce evidence of such employment; 6. In a motor vehicle engaged in normal travel, while traveling to, from or through the city on an interstate trip; or 7. Within the immediate vicinity of such minor's residence. Prior to charging a person for a violation of this section an officer shall give the person or persons an opportunity to give a reasonable credible account of their conduct and purposes so that the person may show that an exemption in subsection D exists. (Ord. 76-93 § 1, 1993: prior code § 32-7-4) API? , 4014 OSS C."ROCKY"ANDERSON �� '� e Q r'�fC 1TYC COR�P�O r MAYOR Very! 1_J ..�� v"►.�`10�•••111,.m.► SALT LAKE 2002 OFFICE OF THE MAYOR C661 COUNCIL TRANSMITTAL TO: Rocky J. Fluhart DATE: March 14, 2002 Chief Administrative Officer FROM: Youth City Government Angela Romero SUBJECT: Legislative Action Item: Amendments to Chapter 9.04 Dancehalls, Restaurants, Taverns and Private Clubs and Section 11.44.07o Curfew for Minors STAFF CONTACT: Angela Romero, 535-7917 DOCUMENT TYPE: Recommendation DISCUSSION: Youth City Government (YCG) recommends a minimum age required for dancehalls and clubs, which do not serve alcoholic beverages. YCG recommends that the curfew age be set at 16 years of age. In addition, we recommend that the term "organized dance" in the City Code Section 11.44.07o Subsection D4 be defined as dances sponsored by churches, schools and community-based organizations. 451 SOUTH STATL STREET, ROOM 306,SALT LAKE CITY,UTAH 84111 FELLPHONF-801-535 7704 FAX 801 535-6331 MEMORANDUM DATE: March 14, zooz TO: City Council FROM: Youth City Government Angela Romero RE: Legislative Action Item: Amendments to Chapter 9.04 titled Dancehalls, Restaurants, Taverns and Private Clubs and Section ii.44.070 titled Curfew for Minors - CC: Mayor Ross C. Anderson,Jay Magure,Janet Wolf, Cindy Gust Jenson, Gary Mumford, Rocky Fluhart, Police Chief Rick Dinse, Youth City Government Advisory Board Background On December 7, zoo' Council Member David Buhler, former Council Members Roger Thompson and Tom Rogan suggested that Youth City Government (YCG) review and make recommendations, regarding the proposed amendments to Chapter 9.04, Dancehalls, Restaurants, Taverns and Private Clubs and Section 11.44.o7o Curfew for Minors. The amendments proposed include language that: • Establishes a minimum age of i8 years for entering and dancing at dancehalls or dance clubs that do not serve alcoholic beverages. • Exempts minimum age requirements for any dancehall or dance club that does not serve alcoholic beverages and that closes to meet curfew regulations. • Clarifies language in Section 11.44.07o Subsection D4 to make clear that the term "organized dance" includes dances organized by churches and schools. 1 parents should ultimately be the ones who determine their household curfew. In conclusion, we agree with the City Council that language be clarified in Section ii.44.o7o Subsection D4. One of the most common complaints we hear from youth in the City is that they have nowhere to go for constructive and fun activities, in a safe environment. We cannot control everything young people do, but we can do a great deal more to keep them out of trouble by offering safe, positive and attractive options. For example, YCG successfully hosted the second annual Youth Unity Groove. The dance was a great success and attracted over 40o youth from across Salt Lake City. YCG members appreciate the opportunity to work on such important issues related to youth in Salt Lake City. 3 Discussion YCG members conducted two surveys, one of adults and one of students, to assess attitudes and beliefs concerning curfew and dancehall or club regulations. Based on the results of the survey, YCG recommends a minimum age requirement for dancehalls and clubs, which do not serve alcoholic beverages. YCG recommends that the curfew age be set at i6 years of age. The survey results support this recommendation. In addition, we recommend the term "organized dance" in the City Code Section 11.44.07o Subsection D4 be defined as dances sponsored by churches, schools and community-based organizations. Data was collected from students attending the following high schools: East, Highland, Horizante, West,Judge Memorial and Rowland Hall/St Marks. The student participants read a short explanation about our study and then answered multiple-choice questions concerning curfew policy and youth participation in dancehalls and clubs. Youth City Government members designed another questionnaire specifically for parents, teachers and individuals who work with youth. Recommendations We support changes in the City Code, with a few modifications to the proposed amendment. YCG recommends a minimum age of i6 for entrance into dancehalls or clubs, which do not serve alcoholic beverages. Our student questionnaire supports this position. Our recommendation is consistent with Section 11.44.07o guidelines, (that) i6 year olds who patronize non- alcoholic dancehalls or clubs meet curfew regulations. YCG also proposes that dancehall and club owners are held accountable for legal age limits and requirements of those who patronize their dance halls or clubs. We also recommend a campaign to heighten the public's awareness regarding the Curfew for minors code. An important discovery made during the survey was that many parents and students were unaware that the City had a curfew code. Those who knew about the existence of a curfew lacked specific information about times and days of the week young people are expected to be home. However, it is our belief that SALT LAKE CITY COUNCIL STAFF REPORT DATE: Apri716,2002 SUBJECT: ORDINANCE ESTABLISHING A SALT LAKE CITY JUSTICE COURT STAFF REPORT BY: Gary Mumford Document Type Budget-Related Facts Policy-Related Facts Miscellaneous Facts Ordinance The budget for the justice The proposed Justice Court The proposed ordinance Court was established in ordinance continues the civil creates up to five full- June 2001 with the penalties for violations time and three part-time adoption of a biennial relating to traffic,parking, judgeships. The adopted budget. The operating animal control,false alarms, budget appropriates budget for fiscal year zoning,ground transportation funds for four Justice 2002-2003 is$3,262,219. (airport),loud parties,and Court judges and one snow removal. Administrative Law Judge. The Council did not appropriate funds for part-time judges. The Administration requested that the Council interview candidates for Justice Court judges and for part-time judges. Originally,the part-time judges were referred to as pro tern judges,but the Administration later determined that"part-time"is the correct designation. Yesterday, the Administration also forwarded a revised ordinance establishing the Justice Court,which clarified a request for up to five judges and up to three part-time judges. There are four aspects of this issue in which the Council has a role: 1. Consideration of the Mayor's recommended appointments 2. Consideration of the ordinance spelling Au -the parameters associated with the Justice Court and eliminating the Administrative Court 3. Consideration of budget issues-a basic budget was set with the biennial budget. 4. Consideration of staffing document issues. Options include but are not limited to: a. Four full-time judges and three part-time b. Four full-time judges and some other number of part-time c. Four full-time judges d. The equivalent of five full-time judges (a combination of full and part time) e. Administrative Law Judge position-eliminate, or transfer to Justice Court Page 1 KEY ELEMENTS: The Administration is proposing to hire four Justice Court judges at this time rather than the five full-time judge positions that are included in the proposed ordinance. The Administration wishes to evaluate the caseload and determine the actual need after sufficient experience operating the Justice Court The Council authorized funding for four Justice Court judges when the budget was approved last year, and also continued the funding for the Administrative Court Judge. The staffing document adopted with the biennial budget provided for four judges for the Justice Court and for one Administrative Law Judge. The Council may wish to inquire as to whether the Administration is proposing to eliminate the Administrative Court Judge from the staffing document, or changing the title so that the total number of judge positions in the staffing document is five, rather than four as authorized in last year's budget. The Council may also wish to ask about any budget savings associated with the elimination of the Administrative Court. The proposed ordinance provides for three part-time judges that can serve up to 80 hours per month each to fill in for vacations,illness,or peak periods. Previous Council action didn't approve any part-time judge positions. The Council may wish to discuss with the Administration the pros and cons of the part-time judge positions. The Administration has indicated that the will be prepared to respond to Council Member questions on this issue. It is the understanding of the Justice Court Director that one of the part-time judges could be appointed to a full-time judge position without additional interviews or consent of the Council if the Administration determines that a fifth judge position is required. This assumes that the funding for the Administrative Court Judge would be used for a Justice Court Judge. The Council may wish to receive an update before the Administration fills the fifth full-time position to include a justification of the benefits of a full-time position over continuing to utilize part-time judges. The Council has the option of authorizing four judges in the ordinance, and considering amending the ordinance later to add another judge. If this approach is taken, the Administrative Law Judge position would need to be eliminated from the staffing document • The biennial budget does not contain any funding for the part-time judges. Some funding is available as long as the position previously designated as the Administrative Court Judge remains funded and vacant The Council may wish to inquire about funding for the part-time judge positions. The Council may also wish to inquire as to whether the Administration plans to propose an amendment to the staff document to specifically address the part-time positions. • A four-year term for part-time judges is included in the revised ordinance. • The proposed Justice Court ordinance transfers the civil penalties for violations relating to traffic, parking, animal control, false alarms, ground transportation, and snow removal to the Justice Court Page 2 ALTERNATIVES: In order to begin operating the Justice Court on July 1,2002,judges need to receive a required orientation in May. The Administration is requesting that the Council take action on appointment of judges as soon as possible. The Council has more time to consider the ordinance establishing the Justice Court since it doesn't take effect until July 1,2002. The Council may wish to consider the following options: Proceed with adoption of the ordinance establishing a Justice Court-The Council may wish to schedule adoption of the proposed ordinance in an upcoming Council meeting. Make changes to the proposed ordinance or schedule additional work session discussions-The Council may wish to make changes to the proposed ordinance, receive further information, or hold additional discussions before scheduling the ordinance for consideration. At the work session, the Council may wish to ask the Administration to briefly give a status update on implementing the Justice Court(e.g.,building, staffing, case management computer system,policies&procedures). ANALYSIS: Establishment of Judgeships-The biennial budget adopted in June 2001 assumed that the City would retain the ability to adjudicate traffic and other civil violations through the Administrative Court. The proposed ordinance includes five Justice Court judges. The Administration will probably include in a future staffing document amendment a request to transfer of the Administrative Law Judge to the Justice Court. Part-lime Judgeships-The proposed ordinance includes three part-time judges. These positions are not included in the staffing document, and funding is not included in the biennial budget. The Administration proposes to leave one of the five full-time judge positions vacant until an evaluation can be made of the caseload and need for a fifth judge (this assumes the Council does not eliminate the funding currently allocated to the Administrative Court position). This vacant position would provide some or all of the funding for the part-time positions. One benefit to hiring part-time judges is that costs are incurred only when there is a need because of high caseload,illness,vacation, etc. Additional funding will be necessary if the Administration fills the four Justice Court positions, fills the Administrative Court Judge position as an Administrative Court Judge, and also uses part-time judges. Term of Office-The full-time and part-time judges will serve four-year terms. The ordinance doesn't provide for staggered terms. Qualifications for Office-The proposed ordinance requires that the City's Justice Court judges be members of the Utah State Bar. This is a higher standard than required by state statute. Page 3 Compensation of Judges- Both the Justice Court judges and the Administrative Court judge are budgeted as executive level 006 positions (minimum annual salary$58,880). State law limits salary of justice court judges to 85% of the salary of district court judges. According to the proposed ordinance, a part-time judge will serve not more than 80-hours per month and be compensated on an hourly rate prorated on the salary of the City's full-time judges. Jurisdiction-The proposed ordinance provides that the Salt Lake City Justice Court will have jurisdiction over all matters as provided by law(City infractions and class C and B misdemeanors). The Justice Court will also hear civil violations of City ordinances including the violations previously handled by the Administrative Court (traffic violations that the City converted from criminal violations, parking, animal control, false alarms, failure to obtain safety inspection of ground transportation vehicles (airport), zoning,business license,loud parties, and failure to remove snow from sidewalks. The City's civil penalty ordinances provides for a simple hearing process for both the City and individuals. A City prosecutor is not required to be present at civil hearings. The defendant doesn't need to hire an attorney. There are very basic rules of evidence in civil cases. Misdemeanors handled by the Justice Court are subject to fines not exceeding$1,000 and imprisonments not to exceed six months. Civil penalties cannot exceed a fine of • $1,000. The City's Justice Court will also have jurisdiction of small claims cases,which will be handled in the evenings by volunteer attorneys who serve as judges for small claim cases. These cases are limited to claims for$5,000 or less. Felonies and class A misdemeanors will continue to be handled in district court. Some examples of cases handled by District Court and by the City's Justice Court are as follows (some violations can be enhanced depending on circumstances,but the following chart is a basic understanding of Council staff): Exam•les of urisdiction FEW" iiMPleggerinCtERNMENENNEMEMEMERRIEnrigr Speeding Reckless driving Burglary Zoning violation Driving under the influence Robbery of drugs or alcohol Animal control violation Prostitution(first offense) Prostitution(prior conviction) Failure to remove snow Theft if value of property Theft if value of property from sidewalk stolen is less than$300 stolen is$300 or more Loud parties Disorderly conduct Auto theft Faults alarms(service fee) Simple assault(touching) Assault Failure to obtain Domestic violence with Domestic violence if inspection of ground negligence intentional or knowingly transportation vehicle (Airport) Parking violation Possession or use of illegal Possession,with intent to sell, drugs illegal drugs Page 4 Other technical changes to the ordinance-The proposed ordinance also amends sections of City code to: Shift civil traffic violations from the Administrative Court to the Justice Court Delete the Administrative Law Judge position from the ordinances (not the staffing document) • Make hearing officers accountable to the Justice Court rather than the Administrative Law Judge • Provide that a person can handle a civil violation by paying a penalty within 20 days or by requesting a hearing-The ordinance requires those requesting a hearing to first meet with a hearing officer for possible informal resolution prior to the hearing before the justice court Provide that City subpoenas will be issued by the City Recorder's Office (The Recorders Office will issue a number and file a copy, but the subpoena form will be prepared and mailed by the Court) Note: Some changes are still pending to the City's animal.control and traffic code. CHRONOLOGY: 1995-A proposal to establish a municipal court was introduced during the budget process in order that more emphasis could be placed on local misdemeanor crimes than in a District Court where priorities are on felonies. The concern was partially mitigated through a memorandum of understanding with the District Court that alleviated some of the concerns. • 1997-Following an analysis,the City decided to continue to adjudicate in the District Court following commitments by the District Court to continuous improvement. • 1999-The City initiated an administrative enforcement program for traffic violations. • 2000-The Utah State Legislature passed Senate Bill 240 that prohibits the decriminalization of traffic offenses. Salt Lake City and West Valley City were allowed to continue their Administrative Courts until a final decision is made by the Legislature by July 1,2002. • Tune 8,2000-The Council held a briefing on the Administration's proposal to give notice to the State of intent to establish a Justice Court because the State Legislature did not make a final decision on whether the City's Administrative Court can continue past July 1,2002. • Tune 29,2000-The Council adopted a resolution giving notice to the State of intent to establish a Justice Court effective July 1,2002. • September 12,2000-The Judicial Council certified the creation of a Salt Lake City Justice Court. • February 6,2001 -The Council adopted a resolution expressing the intent of Salt Lake City to reimburse certain capital expenditures for a Justice Court building from the proceeds of one or more obligations to be issued by the City or its Municipal Building Authority. • July 10,2001 -The Council adopted a resolution authorizing the issuance and sale by the Municipal Building Authority of lease revenue bonds for the Justice Court building. cc: Cindy Gust-Jenson,Rocky Fluhart,David Nimkin,Roger Cutler,Steve Fawcett,Mary Johnston Page 5 APR 1 5 2002 S ROGER F. CUTLER SALT n) "' ;�T�. `�P ��•' `10 � BOSS C. ANDER50N CITY ATTORNEY LAW DEPARTMENT MAYOR April 12, 2002 To: Rocky Fluhart / From: Larry Spendlove Date: April 12, 2002 Re: justice court ordinance • Attached is the revised version of the justice court ordinance,per your discussion with Roger Cutler earlier this afternoon. I am including a legislative version and a clean version with my stamp on it. If you have any questions please call me at Ext. 7686. 4S1 SOUTH STATE STREET, ROOM 505, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-7788 FAX: 801-535-7640 SALT LAKE CITY ORDINANCE No. of 2002 (Establishing a Justice Court) • AN ORDINANCE ENACTING CHAPTER 2.84, SALT LAKE CITY CODE, RELATING TO ESTABLISHING A SALT LAKE CITY JUSTICE COURT; AMENDING CHAPTER 2.75, RELATING TO ENFORCEMENT OF CIVIL VIOLATIONS; AMENDING SECTION 1.12.050 RELATING TO VIOLATION-PENALTY; REPEALING SECTION 2.59.035 RELATING TO ADMINISTRATIVE LAW JUDGE SUBPOENAS; AMENDING SECTION 2.59.040 RELATING TO ISSUANCE OF SUBPOENAS; AMENDING SECTION 5.71.090 RELATING TO ENFORCEMENT PROCEDURES —CIVIL NOTICE OF GROUND TRANSPORTATION VIOLATION; AMENDING SECTION 5.71.100 RELATING TO EXPEDITED APPEAL OF EXCLUSION; AMENDING SECTION 8.04.390 RELATING TO ANIMALS RUNNING AT LARGE; AMENDING SECTION 8.04.400 RELATING TO DOGS ON CHAINS IN UNENCLOSED PREMISES; AMENDING SECTION 8.04.520 RELATING TO NOTICE OF VIOLATIONS; AMENDING SECTION 11.14.070 RELATING TO ADMINISTRATIVE APPEALS; AMENDING SECTION 12.12.010 RELATING TO OBEDIENCE TO TRAFFIC CODE REQUIRED; AMENDING SECTION 12.12.015 RELATING TO CIVIL TRAFFIC VIOLATIONS; AMENDING SECTION 12.16.060 RELATING TO COLLISION WITH UNATTENDED PROPERTY; AMENDING SECTION 12.24.016 RELATING TO VEHICLE OWNER DRIVING WITHOUT INSURANCE; AMENDING SECTION 12.24.018 RELATING TO DRIVING WITHOUT INSURANCE; AND AMENDING SECTION 14.20.110 RELATING TO FAILURE TO REMOVE SNOW AND ICE — CIVIL PENALTIES. WHEREAS, Section 78-5-101.5, Utah Code Annotated, 1953, as amended("UCA") provides that municipalities in which 501 or more citations or cases are filed per month may elect to create a Class I municipal justice court upon: (1) filing a written declaration with the Judicial Council on or before July 1 at least two years prior to the effective date of the election; (2) demonstrating compliance with operating standards as established by statute and the Judicial Council; and(3) the Judicial Council having certified the creation of the court pursuant to UCA Section 78-5-139; and WHEREAS, the Salt Lake City Council did, on June 29, 2000, by Resolution No. 40, formally declare its intention and election to create and operate a Class I municipal justice court in accordance with UCA Section 78-5-101.5 and with the Justice Court Standards for Certification of New Courts—2000 adopted by the Judicial Council pursuant to statute; and WHEREAS, the Judicial Council did, on September 12, 2000, certify to Salt Lake City Corporation the creation of the court pursuant to UCA Section 78-5-139; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH: SECTION 1. That Chapter 2.84, Salt Lake City Code, pertaining to the establishment of a Salt Lake City Justice Court be, and the same hereby is, enacted to read as follows: Chapter 2.84 JUSTICE COURT 2.84.010 Establishment of Justice Court: 2 There is hereby created within the Salt Lake City government a Class I municipal court, which shall be known as the"Justice Court of Salt Lake City." 2.84.020 Establishment of Judgeships: There is hereby created within the justice court up to five offices of full-time and up to three offices of part-time municipal justice court judges of said justice court. 2.84.030 Appointment and Term of Office: A judge of the justice court shall be appointed by the mayor and shall be confirmed by the city council in accordance with UCA Section 78-5-134, or its successor. -The term of office of a judge of the justice court shall be four years, as provided by UCA 78-5-132, or its successor. 2.84.040 Qualifications for Office: A judge of the justice court shall, in addition to meeting all the qualifications as set forth in UCA Section 78-5-137 or its successor, be a member in good standing of the Utah State Bar Association at the time of appointment and at all times while serving in said office. 2.84.050 Compensation: The compensation of a judge of the justice court shall be in accordance with the compensation plan of the city, but a judge shall not receive a salary greater than 85% of the salary of a district court judge, or such other percentage or limitation as prescribed by UCA Section 78- 5-128 or its successor. In addition to the foregoinsa limitations of this section, apart-time judge shall serve no more than 80 hours per month and shall be compensated on an hourly rate basis pro rated from an annualized salary established in the compensation plan of the city. 2.84.060 Jurisdiction and Authority: 3 The justice court shall have jurisdiction over all matters as provided by law and state statute. including, but not limited to, jurisdiction and authority provided under UCA Sections 78- 5-104, 78-5-105. and 78-5-106. or their successors. In accordance with said jurisdiction, the justice court may hear civil violations of Salt Lake City ordinances. including,., but not limited to. those civil violations which have been designated as civil penalty matters, having been converted by the City from criminal violations. unless city ordinances provide for a different procedure for handling such violations. Civil penalty matters shall be managed in accordance with simplified rules of procedure and evidence applicable to small claims courts. 2.84.070 Default Civil Penalty Schedule A. The justice court may establish a default civil penalty schedule, similar in format to the Uniform Misdemeanor Fine/Bail Schedule adopted by the Judicial Council, except that the fees set forth in the City's default civil penalty schedule may be higher or lower than those set forth in the uniform bail schedule. The justice court default civil penalty schedule shall apply only in those instances in which the defendant is not required to appear in court and the defendant's voluntary forfeiture of the penalty fee disposes of the case. The fees set forth in the default civil penalty schedule shall include all penalties, surcharges and assessments provided by law. However. the foregoing authorization does not prohibit the court from, in its discretion, imposing no fine or a fine in any amount up to and including the maximum fine for the offense. B. The cumulative total of all civil penalties, surcharges and assessments for each citation shall not exceed the total sum prescribed for Class B misdemeanors as set forth in Utah Code Annotated Sections 76-3-301 and 76-3-303. as amended. or their successors. 2.75.100 Surcharges: 4 With regard to traffic violations under Title 12 of this Code, other than parking violations, the justice court shall assess all fees and surcharges required to be assessed by state — statute. SECTION 2. That Chapter 2.75, Salt Lake City Code, pertaining to the Administrative Traffic Enforcement Program be, and the same hereby is, amended to read as follows: Chapter 2.75 ENFORCEMENT OF CIVIL VIOLATIONSAD1\'HNISTRATIVE TRAFFIC ENFORCE.MENT PROCu M 2.75.010 Definitions: Whenever the following terms are used in this Chapter, they shall have the meanings set forth herein: A. "CivilAdministrative citations" also known as a"Notice of Violation" or"Civil Notice,"means a civil finding notice that a civil violation of this Code has occurred, issued by an law enforcement officer or other person authorized to issue such notice consistent with UCA Section 77-7-18 or other applicable laws or state statutes or their successors that a violation of this Code, as provided in Section 2.75.060 or 2.75.070 of this Chapter, has occurred. B. "Civil violationAdministrative enforcement program" means a noncriminal violationenfQreement of traffic laws orand such other ordinancesenforcement programs as are designated in city ordinances as civil violations. as may be designated by City ordinances. C. "Administrative Law Judge" or "ALJ" means a person selected to be the final deers-iemakef-ef=nencririnal traffic ma-ttcandeh other administrative adjudieations as may be designated by City ordinance, 5 CD. "Assessments" means and includes, but is not limited to;late charges, administrative fees, attorney fees, court costs, and traffic school fees. DE. "Civil penalty" shall-means the fine, forfeitures.,e assessments or combination thereof imposed by the Salt Lake City justice courtALJ in the administrative enforcement program. F. "Hearing officer" means an individual designated as a hearing officer, violation coordinator, or such other person who has authority to make decisions regarding civiladministrativc citations that have been issued by an law enforcement officer, and before the matter is referred to a the-justice court judgeA> J. 175 mn Administrative 1 a r„dge: r�/r/�ViIV [1lRllllFllrJ 41[{l.li l.�[1�►-"IJ pT.T.�L• A. Duties: The A U may: 1)-establish policies-and proc-cdures for handling appeals consistent with the purposes and intent of this Chapter; 2) formulate and maintain a schedule of penalties, surcharges and assessments; 3) issue -administrative subpoenas in accordance with information necessary for disciplinary action should any staff violate City policies or the ALJ 5.02.230 of this Code, in addition to other hearing nted by the Mayo, B. Policies And Procedures: The ALJ has authority to establish wi tten-policies and procedures consistent w ith' the p lows an/> intent ofthis Chapter. C. Term: The ALJ shall serve for six (6) years or until such time- ls-the position is eli-minated from-the City stafIi oeu ment; whichever may occur first. The AL1 may be 6 reappointed to a subsequent term, without engaging in the entire sel ect_o„ process .aescr_bed • D. Removal: The ALJ shall be subject to remeva' during ie terr, of o ffce +or including, but not limited te, malfeasance, misfeasance or nonfeasance. Numzber the number of ALJs shall be a teeast-one,, but 1may he as many cas-tine caseload-may require and-a ended by the City Council. F. Presiding AU: In the event there is more—than—one ALI, the presiding ALJ shall be selected by ' b ALJ. The term for the presiding ALJ shall be two (2) years. 2.75 030 A. ministratiye 7 , T„dge Set ctio Pro r.�✓.v✓v <iaxaa aaaaaa�a as as . A. Nominating Commission: A mating commission of five (5) residents of Salt Lake City shall be selected by the Mayor to nominate a qualified-person to-sere-as-ALThe nominating mbers shall be selected so that there is no more than one member select d from any one City- Council district.No mere than three (3) members shall be members care ame „olitica' p arty ^t least ^ but no more than three (3) members of the commission shall be members of the Utah State Bar. B. Panel Of Nominees: The commission shall select a panel of five (5) qualified persons whose names are to bt, submitted to the Mayor. The Mayor shall select one person from the-panel and-shall forward the name of the selected person to the City Council for their advice and-consent. Should the City-Gonneil refuse consent—the44ay=or may choose another person from the.panel or may-req-uest the-commission to select--a-ne-w panel- >f=nom noes. 7 C. Qualifications: T-hc Administrative Law Judge shall-be: 1) admitted to practice law in the State; 2) a member in geed standing of the Utah State Bar; 3) at least twenty five (25) b selection. 2.75.040 Pro Tempe-ye ASH-is - g : The Mayer steal have , t. Ze after adoption of this Chapter, to appoint an ALJ to act pro tempefe „^der the following circumstances: a) until such time as a vacant ALJ position filled " ntl„ i da c,with this Chapter: or b) to fill any temporary vacancy of more than thirty (30) days. 2.75.0250 Hearing Officer: A. Duties: Consistent with the policies and procedures promulgated by the justice courtAb-J, the hearing officer may adjust and set. as authorized, sums due asreccivc civil penalties, surcharges, and assessments owed; certify to the State that violations did occur so that points may be assessed to the violator pursuant to Utah Code Annotated section 53-3-221;reduce civil penalties owed; dismiss citations.,upon payment of fees and attendance at traffic school; enter into agreements for the timely or periodic payment of penalties, surcharges and assessments; and perform such other duties as deemed necessary or desirable by the justice courtAbJ to carry out the purposes of this Chapter in accordance with justice and equity. 1✓B. Accountability: The hearing officer shall serve as the-staff for the justice courtA-1 J but shall be supervised as an employee,under the direction of the City Director of Management Services or his/her designee. 8 FC. Exceptions: Regardless of provisions in this Section to the contrary, violations of the following City.Code sections shall require a mandatory appearance before a judge of the justice courtAU for disposition, and shall not be disposed of by a hearing officer: 1. Section 12.36.040. 2. Section 12.48.070. 3. Section 12.48.080. 4. Section 12.48.100. 2.75.0360 Civil Traffic Violations: A. When an enforcement officer determines that a civil violation of Title 12 of this Code has occurred, the officer shall issue a civil an administrative citation. the matter shall be handled by the justice court, and the penalty for such civil violation shall be as provided in Section 1.12.050, or its successor as provided in this Chapter, except as provided in subsection B of this Section.. B. An officer shall not issue an administrative citation for any of the following violations of this Code, which shall ntinue to be„ uted a' p edirg• 1. Sections 12.16.01-0 through 12.1-6.120 (a moving violation that would be a Class B misdemeanor in a criminal proceeding); 2. Section 12.2'1.100 (driving under the influence of drugs „r alcohol); 3. Section 12.21.070 (alcoholic beverages in vehicles); 1. Section 12.2'1.0S0 (intoxicated person in or about vehi 5. Section 12.2,1.120 (Class B misdemeanor dri\ine on dallied. suspended-of i lted-1ieeuse); 9 6. Section 12.52.350(reckless driving); 7. When any violation-ef Title 12 of this Code occt „ction wig', of the violations listed above or in-conjunction with any other criminal violation of this Code or of State or Federal-law, B. Unless a mandatory appearance before the justice court is required by subsection F of this Section. or its successor. any person having received a civil citation shall. within twenty (20) days, either pay the civil penalty as contained in the default penalty schedule or file a written request for a hearing before the justice court. C. Unless a mandatory appearance before the justice court is required by subsection F of this Section, or its successor, any person receiving a civil citation who requests a hearing shall discuss the matter with a hearing officer for informal resolution prior to the hearing before the justice court. D. If the matter is resolved by the hearing officer, the hearing request shall be dismissed. E. If the civilpenalties payable to the City remain unsatisfied and no written request for a hearing has been filed after twenty (20) days from the issuance of the civil citation,the City may use such lawful means as are available to collect such penalties, including late charges. administrative and court costs and attorney fees. Any additional penalties are stayed upon filing the request for hearing, until judgment is rendered in the matter. 2.75.070 Other Violations: Tile-1 l-lowii e if>ns-of this Code-shall be administered as a part of the administrative enforcement prE ra1fI 10 A. Parking: The previsions of Chapter 12.56 of this Code; B. Animal Control: Civil notices of violation under subsection0 c,0B fthis Code; D. Ground Transportation: Civil notices of ground transportation violations referred to-in Chapter 5.71 of this Code; and E. Snow R moval: Civil notices of violation under Section 11.20.110 of this Code. 2.75.080 Appeals Of Administrative Citations: A. The ALJ shall hear and decide all appeals ofla aministrative citation „less specifically excepted in this Chapter. B. Any person having received andm;nistrative citation shale vAthi„ twent„ i2m days either pay the civil penalty, surcharge and assessment ,s contained in efee seheduleTer file a written request for a hearing before the AU. C. Unless a mandatory appearance before-the-AU-is-required-by-subseetien 2.75.050C of this Chapter, or its successor, any person receiving an administrative citation who req„es,s h i,o ,mot a'„ _�.��:-m-ao �� m-��.iss the matter with a hearing officer for informal resolution prior to the hearing before the AU. D. If the matter is resolved by the hearing officer_ the hearing request shall be dismissed. E. ---lgeari ig efere the AL nay be---h+ermal4tt hallll-be cen4eeted in a manner-to provide adequate due-process to-all-parties, inolt dinarbai not limited to, the fol10-wi-ng: 1) the r-g1ht-to-appear in person-or-be-r preserved-key-counsel: 2) the-right to subpoena ‘vitne&ses-a 4he 11 expense of the requesting party in accordance with Chapter 2.59 of this Title; 3)Utah Rules of Evidence and Utah Rules-of Civil Procedwc may be used as guidelines in the conduct of heir attorneys-have-the-fight to cross examine witnesses; 5) ll , ai bef„•e tl,e n r r shal l be recorded _audio recording which, together with any documents in the file. shall constitute the-official-record-of the proceedings; and 6) the AU shall make written findings of fact and conclusions of law as part of the decision. violation by a n era ee o f the e ,idenee the administrative citation. or periodic payment of the penalties, surcharges and assessments; require att,ndanee at tr f ie school; or take any other action consistent with this Chapter. 1. If the penalties, surcharges and assessments imposed ,ant.t,, t is Chapter= remain unsatisfied after twenty'(20) days from the issuance of the administrative citation and no payment-ordered by-the ALJ; the Ci y m , ch lawful means as are ava' .� penalties; surcharges, and assessments, iae-kl4i glate--c-hakes. administrative and court costs and attorney fees. Any additional penalties are stayed upon tiling the-request-for hearing. 12 b b administrative appeals process referred to in Sect' 2.75.1 0 o this Chap'er 2.75.090 Schedule Of Penalties,Surcharges And Assessments: A. The ALJ shall formulate and maintain for public review a civil penalty, surcharge, traffic school fee, and assessor those violations to be heard by the All or hearing officer as-provided by ta,is Chapter. I event there is no timely request for an ALJ hearing and there is no payment of the applicable Insofar as is practical the AU shall fold ule-4 3302 of the"Rules e Judicial n dministfatio, n ad„rted by the udicia Councia B. The cumulative total of all civil penalties, surcharges and assessments for each cation shall not exceed those prescribed for Class B misdemeanorst+ to T Ttah, Code Annotated sections 76 3 301 and 76 3 303, as amended. C. Revenues obtained from-administrative citations in excess of budgeted amount:, shall be segregated from other funds. Such funds will not b .p t , ti „ , ri ted b the C'it; until. 1 5.100 Surcharge '-ces: 13 T' • b violations): A. If the final a nis i-ve determination is for a violation reportable to the State, g-f A nn '�d-section 2 1 1 5(2)(d)(ii). The City shall remit the building fee surcharge to the State for use as specified in Utah Code Annotated _•e„tio„ 21 1 5(3) until such time as the bonding indebtedness for the Matheson Courthouse is retired. B. The AU shall also assess a traffic mitigation surcharge as p" vide, i U,ah, Cote Annotated section 63 63b 101. The City shall retain the traffic mitigation surcharge and report its use as specified in Utah Code Annotated section 63 63b 102. C. The AU shall also assess the State surcharge a� section 63 63a 1. The City shall pay all id age-te-the State. If the State does not accept, or rebates such funds, the funds shall be retained by the City. D. The ALT shall also assess a City surcharge of thirteen dollars ($7 3.nm 2.75. i n Appeals Fro.., r r Decisions: Upon exhausting the administrative appcu.ls proc , C S t' 75.0Qr, g- is Chapter, review of the-final-administrative-determination pursuant to section 10 3 703.7, Utah Code A„ ted mended, or its successor. A. "Final administrative nnation" means a n n r 1 determination pursuato sub-seetien-2:7-5-70-8014-e-f-t-his Chapter. or its succes-snr7 14 B. The City shall transmit to the reviewing District Court the record of its proceedings, including-its findings, efdcrs, and a true and correct transcript of the ALS the civil penalty, surcharge and assessment schedule. This Section shall apply retroactively to appeals from-an ALI determination to the District Court arising on or after March 16, 2000, the 3 Uta _ r,1 ,•,,' � ', a a Headed. e1lec�-i��e-date ofseet-i-en--Il}-�7-0�7T��a�-C, , SECTION 3. That Section 1.12.050, Salt Lake City Code, pertaining to violations and penalties be, and the same hereby is, amended to read as follows: 1.12.050 Violation-Penalty. Any person convicted of violating any provision of the City ordinances codified in this cede, er ord: ' h er f ct a, shall be guilty of a Class B misdemeanor unless otherwise specified in such ordinances or interpreted by the court as a Class C misdemeanor ei-infraction, or civil violation, and such violations shall be punished as follows: A. In the case of a Class B misdemeanor, by a fine in any sum not exceeding one thousand dollars or by imprisonment for a term not longer than six months, or by both such fine and imprisonment; B. In the case of a Class C misdemeanor,by a fine in any sum not exceeding seven hundred fiftyfive-hundt,e4 dollars or by imprisonment for a term not longer than ninety days, or by both such fine and imprisonment; C. In the case of an infraction, by a fine in any sum not exceeding five hundred dollars; 15 D. In the case of a civil penalty violation,by a total assessment not in excess of one thousand dollars: ED. The sentence to pay a fine or civil penalty, when imposed upon a corporation, association or partnership, for a Class B misdemeanor or civil penalty violation. shall be in any sum not exceeding five thousand dollars; FE. The sentence to pay a fine, when imposed upon a corporation, association or partnership, for a Class C misdemeanor or infraction, shall be in any sum not exceeding one thousand dollars; G.F. A prosecution of a corporation, association or partnership, as an entity, shall not preclude prosecutions of individuals responsible for the actions of such entities and shall not preclude a separate fine or imprisonment or both, or civil penalty, for those individuals, as well as a separate fine, or civil penalty, for the business entity. H. The foregoing penalties for criminal violations shall be in addition to any surcharnes imposed by state law. SECTION 4. That Section 2.59.035, Salt Lake City Code,pertaining to administrative law judge subpoenas be, and the same hereby is, repealed: 2• l•V✓59 dministr.,tive T . w Judge S„bpoenas• 035,J A A. Administrative Law Judges may authorize a subpoena to compel-the-attendance-4 witnesses and to give testimony or to produce records and documents or other items. B. The subpoena may be-authorized-upon signature of an Administrative Law Judge. No-eounters nature shall be requirei- 16 SECTION 5. That Section 2.59.040, Salt Lake City Code,pertaining to issuance of summons be, and the same hereby is, amended to read as follows: 2.59.040 Issuance Of Subpoenas: A. All City subpoenas shall be issued by the City Recorder's office. The Recorder's office shall keep a record containing: 1) the date of issuance, 2) the matter for which the subpoena was issued, 3) returns of all subpoenas, and 4) at whose request the subpoena was issued. B. All subpoenas shall be issued with an original and a copy:The original, together with proof of service, shall be returned to the Recorder's office and a copy left with the person upon whom it is served. C. The subpoena shall be issued in the name of the City and shall be entitled "City Subpoena" and shall state whether it is before the legislative branch;or the executive branch, or the Administrative Law Judge. The subpoena shall state the title of the matter being heard and shall command each person to whom it is directed to attend and give testimony and/or produce records or documents at a time and place specified in the body of the subpoena. D. Nothing in this section shall limit the City's authority to issue subpoenas in criminal matters as provided by law. SECTION 6. That Section 5.71.090, Salt Lake City Code, pertaining to appeal procedures regarding civil notices of ground transportation violations be, and the same hereby is, amended to read as follows: 5.71.090 EnforcementAppea-1 Procedures-Civil Notice Of Ground Transportation Violation: 17 A. consider matters relating to violations of this- Chapter, including, but not limited to, departmental heariiig officers and mayoral hearing examiners. "Departmental Hhearing officers" means those hearing officers employees of the Tr • surer's office charged with the-responsibility of hearing appeals regarding civil penalties referred to in Chapter 2.75. or its successorassessed under Seeti-en 5.71.0S0 of this Article, or its successor. "Mayoral hearing examiners" means persons appointed as p revoca ions na denials e .alr V VUL1V11J. JUJiJ l.11J1 V11). U11U i1V111U1J Vl ULJl/1V�U1J. B. Civil notices under this chapter. others than those involving license revocations, suspensions, denials or approvals. shall be handled by the Salt Lake City justice court. Any named party may appear before a departmental hearing officer and present and contest an alleged violation as provided in Chapter 2.75, or its successor. C. The burden to prove any defense shall be upon the person raising such defense. D. If the departmental hearing officer finds that no violation of this Chapter occurred, or that a violation occurred but one or more of the defenses set forth in this Section is applicable, the departmental hearing officer may dismiss the civil notice and release the named party from liability thereunder, or may reduce the penalty associated therewith as he or she shall determine. Such defenses are: 1. The civil notice does not contain the infoiuiation required by this Chapter; 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or 18 3. Such other mitigating circumstances as may be approved by the City Law Department. E. If the departmental hearing officer finds that a ground transportation violation occurred and no applicable defense exists, the departmental hearing officer may, in the interest of justice and on behalf of the City, enter into an agreement fbr the timely or periodic payment of the--applicable penalty. F. If the penalty imposed pursuant to this Chapter remains unsatisfied after forty (40) days +;on the receipt of civil notice, or ten(10) days from such date as may have been agreed to by the departmental hearing officer, the City el lawf„l ailable collect such penalty, including-cents, attorney fees, interest, suspension, revocation, or nonrenewal of a City license._ SECTION 7. That Section 5.71.100, Salt Lake City Code,pertaining to expedited appeal of exclusion regarding business license revocation and ground transportation be, and the same hereby is, amended to read as follows: 5.71.100 Expedited Appeal Of Exclusion: A. "Mayoral hearing examiners" means persons appointed as provided by Section 5.02.280 of this Title to hear matters involving business license revocations, suspensions, and denials or approvals. B. Any named party who is excluded from pursuing commercial activities under this Chapter, and has not had a hearing before a mayoral hearing examiner regarding such exclusion, may request an expedited appeal of such exclusion within five (5) business days of the date when such exclusion is effective. Such appeal shall be requested in person by the person so excluded to 19 the department responsible for enforcement. The City department responsible for enforcement shall promptly investigate the facts relating to such exclusion. If the evidence indicates that such exclusion is improper under this Chapter, the department's manager or other designated officer shall stay such exclusion until the issue can be heard and determined by a mayoral hearing examiner. If the exclusion is not stayed by the department charged with enforcement, a hearing regarding such exclusion shall be held before a mayoral hearing examiner within five (5) days of the manager's or departmental officer's determination. If the evidence indicates that such exclusion is proper under this Chapter such hearing officer shall uphold such exclusion. SECTION 8. That Section 8.04.390A, Salt Lake City Code, pertaining to animals running at large be, and the same hereby is, amended to read as follows: 8.04.390 Animals Running At Large: A. With the exception set forth in subsection B of this Section, it is unlawful for the owner or person having charge,care, custody or control of any animal to allow such animal at any time to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this Section,regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not such owner or person knows that the animal is running at large. Any person violating any provision of this Section shall be deemed guilty of a civil violation and shall be penalized as provided in Appendix A of this Chapter and Chapter 2.75 of this Code, or its successor. B. SECTION 9. That Section 8.04.400, Salt Lake City Code, pertaining to dogs on chains on unenclosed premises be, and the same hereby is, amended to read as follows: 20 8.04.400 Dogs On Chains On Unenclosed Premises: It is unlawful for any person to chain, stake out or tether any dog on any unenclosed premises in such a manner that the animal may go beyond the property line, unless such person has permission of the owner or lessee of the affected property. Any person violating any provision of this Section shall be deemed guilty of a civil violation and shall be penalized as provided in Appendix A of this Chapter and Chapter 2.75 of this Code, or its successor. SECTION 10. That Section 8.04.520, Salt Lake City Code, pertaining to notice of violations—appeal procedures be, and the same hereby is, amended to read as follows: 8.04.520 Notice Of Violations-"ppeal Procedures: A. Notices of violations shall be adjudicated by hearing officers and/or as civil violations in the justice court administrative law jukes in accordance with the procedures set forth in Chapter 2.75 of this Code. B. Any person having received a notice of violation, as provided in this Chapter, may appear before the justice court a hearing officer and/or the Administrative Law Judge and present and contest such alleged violation. C. The burden to prove any defense shall be upon the person raising such defense. D. If the hearing officer finds that no violation as set forth in the notice of violation has occurred or that such a violation has occurred but one or more of the defenses set forth in this Section is applicable, the hearing officer may dismiss the notice of violation and release the recipient of the notice from liability thereunder or the hearing officer may reduce the penalty associated therewith. Such defenses are: 21 1. At the time of the receipt of the notice, the person receiving the notice was not the owner or the person responsible for the animal and his/her actions did not contribute to the issuance of the notice of violation. 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property. 3. Such other mitigating circumstances as may be approved by the City Law Department. periodic payment of the applicable penalty. (20)days e receipt o tice, or te„ "0` days from such date as may have been agreed to by the hearing officer or Administrative Law Judge, th attorney fees. SECTION 11. That Section 11.14.070, Salt Lake City Code, pertaining to administrative appeals in regards to special security assignments in connection with parties, gatherings or events be, and the same hereby is, amended to read as follows: 11.14.070 Administrative Appeals: 22 A. TheA administrative lawjustice court judge shall consider matters relating to the "Special security assignments". — B. Any person having received notice of a "Special security assignment" may appear before an the justice courtadministrative law judge and present and contest such alleged violation, in accordance with the procedures set forth in Chapter 2.75 of this Code. The administrat e 1a y c ge's decision shall be final. C. The burden to prove any defense to reimburse the city for the service shall be upon the person raising such defense. D. If-the-administrative law judge finds that no special security assignment occufed is applicable, the administrates law j-a c may dismiss the mice of"Special security assignment . .ease thedef 'a"' abi y-thereunder or modify the assessment as justice and equity may require. Such defenses are: 1. Wrong name and address on the special security assignment notice; 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; 3. The "Special security assignment" notice was not properly completed by the officer in a material and substantial way that caused prejudice to appellant; 4. The "Special security assignment" notice was not hand delivered or posted in a conspicuous place, which caused material prejudice to the appellant; or 5. Such other mitigation circumstances, as maybe shown by appellant. 23 and„o applicable defense exists, the administrative law judge may, in the interest of justice and on behalf of the ^tenter into an agreement for thet l odic ,"J'ment-ef the applicable r costs. Cam. If the costs imposed as pursuant to this chapter remain unsatisfied after thirty (30) day:; from-the receipt of the-notice, or ten(10) days from such date as may have been agreed-to by the hearing officer, the city may such lawful means as are mailable to collect such sum, including ,sts dgmen, interest and attorney fees. J SECTION 12. That Section 12.12.010, Salt Lake City Code, pertaining to obedience to traffic code be, and the same hereby is, amended to read as follows: 12.12.010 Obedience To Traffic Code Required: A. Unlawful Acts: It is unlawful for any person to: 1. Do any act prohibited by this Title; 2. Fail or refuse to do any act required by this Title; 3. Operate any vehicle in violation of any provision of this Title; or 4. Operate any vehicle unless such vehicle is equipped and maintained in compliance with this Title. {See Section 12.56.550 of this Title for sections subject to civil penalties.) B. Infractions: Any person guilty of violating any provision of this title shall be deem' i1ty of an-infraction—u a -such offense is specifically designated as a Class B misdemeanor. 24 BE-. Misdemeanor On Third Conviction: Upon a third conviction of any moving violation, whetherthe same violation or different violations, within the prior twelve (12)month period, such third violation is specifically designated as a Class B misdemeanor. CD. Infraction And Misdemeanor Penalties: A person convicted of an infraction or a Class B misdemeanor, as provided in this Section, shall be punishable as provided by Section 1.12.050 of this Code, or its successor. SECTION 13. That Section 12.12.015, Salt Lake City Code, pertaining to civil traffic violations be, and the same hereby is, enacted to read as follows: 12.12.015 Civil Traffic Violations: A. Civil violations: Anyperson guilty of violating any provision of this title shall be deemed guilty of a civil traffic violation, unless such offense is specifically designated as a Class B or Class C misdemeanor or an infraction. B. The following violations of this Title shall be Class B misdemeanors: 1. Sections 12.16.010 through 12.16.120, (a moving violation that would be a Class B misdemeanor in a criminal proceeding) except for Section 12.16.060: 2. Section 12.24.070 (alcoholic beverages in vehicles); 3. Section 12.24.080 (intoxicated person in or about vehicles): 4. Section 12.24.100 (driving under the influence of drugs or alcohol); 5. Section 12.24.120 (driving on denied, suspended or revoked license); 6. Section 12.52.350 (reckless driving); 25 7. When any violation of this Title 12 occurs in conjunction with any of the violations listed above or in conjunction with any other criminal violation of this Code or of State or Federal law. SECTION 14. That Section 12.16.060, Salt Lake City Code, pertaining to collision with unattended property be, and the same hereby is, amended to read as follows: 12.16.060 Collision with unattended property. A. The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which results in damage to the other vehicle-or property shall immediately stop, and shall then and there either locate and notify the operator or owner of such vehicle or other property of such driver's name and address and the registration number of the vehicle causing such damage, or shall attach securely in a conspicuous place on the vehicle or other property a written notice giving such driver's name and address and the registration number of the vehicle causing such damage. If applicable, the driver shall also give notice as provided in Section 12.16.010, or its successor. B. Any person failing to comply with said requirements under such circumstances is guilty of civil violationan infraction. SECTION 15. That Section 12.24.016, Salt Lake City Code, pertaining to vehicle owner driving without insurance be, and the same hereby is, amended to read as follows: 12.24.016 Vehicle Owner Driving Without Insurance: A. It is unlawful for any owner of a motor vehicle with respect to which a security is required under Utah no-fault insurance laws, to drive such motor vehicle or peiiuit such motor vehicle to be driven upon streets or highways within the corporate limits of the City, without 26 security being in effect, as required by the Utah Automobile No-Fault Insurance Act, or its successor. — B. The foregoing notwithstanding, no person cited for a violation of this Section shall be adjudged guilty of a violation hereof, if such person produces reasonable evidence before a ad ,i„istrat ve hearing officerthe justice court, in accordance with the procedures set forth in Chapter 2.75 of this Code, or its successor,er an Administrative Law Judge that such security was in effect at the time such person was issued a citation for failure to have such evidence in his or her possession. Evidence of such security being in effect may be in the fowl of an identification card approved by the Utah Department of Public Safety for issuance by an insurer to its insured with respect to the motor vehicle. C. An increased penalty may be imposed for a second and subsequent offense within three (3) years of a previous conviction or forfeiture of penalty. SECTION 16. That Section 12.24.018, Salt Lake City Code, pertaining to driving without insurance be, and the same hereby is, amended to read as follows: 12.24.018 Driving Without Insurance: A. It is unlawful for any person to operate a motor vehicle which is subject to the requirements of insurance contained in the Utah Automobile No-Fault Insurance Act, section 31A-1-101 et seq., Utah Code Annotated, or its successor, anywhere within the corporate limits of the City, knowing that the owner of the motor vehicle does not have security in effect as required by the Utah No-Fault Insurance Act. B. The foregoing notwithstanding, no person cited for a violation of this Section shall be adjudged guilty of a violation hereof if such person produces reasonable evidence before 27 an administrative hearing oflicerthe justice court. in accordance with the procedures set forth in Chapter 2.75 of this Code, or its successor, or an Administrative Law Judge that said security was in effect at the time such person was issued a citation for failure to have such evidence in his or her possession. Evidence of such security being in effect may be in the form of an identification card approved by the Utah Department of Public Safety for issuance by an insurer to its insured with respect to the motor vehicle. C. An increased penalty may be imposed for a second and subsequent offense within three (3) years of a previous conviction or forfeiture of penalty. SECTION 17. That Section 14.20.110, Salt Lake City Code, pertaining to failure to remove snow and ice be, and the same hereby is, amended to read as follows: 14.20.110 Failure To Remove Snow And Ice-Civil Penalties: A. Any owner or occupant of property abutting a paved City sidewalk who fails to comply with Section 14.20.070 of this Chapter is guilty of a civil violation. shall be liable for a civil penaltySuch violation shall be handled by the city's justice court, which penalty shall be in penalties provided by law in accordance with the procedures set forth in Chapter 2.75 of this Code, or its successor. Notice of civil violation may be given to the lessee and/or the owner of the property by hand delivery or by the mailing of the notice by first class mail to the owner of record. B. The civil penalty shall be in the sum of seventy-five dollars ($75.00). C. Any penalty paid within fifteen (15) days of receipt of notice shall be reduced by the sum of fifty dollars ($50.00). 28 D. Any penalty paid within twenty five (25) days shall be reduced by the sum of twenty-five dollars ($25.00). the-pfepel- tand-delivery or by the mailing of the notice by first class mail to the owner of record. F. The Mayor shall appoint such hearing officer as he/she-deems appropriate to consider mattc rs relating;to snow-and-tee-removal from City sidewalks. Any person, having, received notice of the failure to remove snow or ice, may appear before such hearing officer and SECTION 18. This ordinance shall take effect on July 1, 2002. Passed by the City Council of Salt Lake City, Utah this day of 2002. CHAIRPERSON ATTEST: CHTFF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR 29 CHTFF DEPUTY CITY RECORDER (SEAL) Bill No. of 2002. Published: G\Ordinance 02\Enacting Chapter 2.84 re Establishment of an SLC Justice Court—4-12-02 draft 30 APR 1 :1 Z002 SNP r our ORPORAI0Ii REVONA STONER - - + �. -.P� +��` -1`1 ROSS C. "ROCKY" ANDERSON NISTRATIVE ENFORCEMENT MANAGER DEPARTMENT OF MANAGEMENT SERVICES MAYOR ADMINISTRATIVE ENFORCEMENT OFFICE COUNCIL TRA T TO: Rocky J. Fluhart, 1117 DATE: April 10, 2002 Chief Administrative Officer FROM: Mary Johnston City Courts Director Management Services Department SUBJECT: Salt Lake City Justice Court Ordinance CONTACT: Mary Johnston, City Courts Director Telephone: 535-7173 DOCUMENT TYPE: Salt Lake City Ordinance BUDGET IMPACT: Not applicable DISCUSSION: This ordinance establishes the Salt Lake City Justice Court, which will take over Class B and C misdemeanors from the District Court. It also removes all references to the Administrate Law Enforcement program and Administrative Law Judge,which will become part of the Justice Courts civil jurisdiction. This ordinance has an effective date of July 1, 2002 and it is requested that it be passed as soon as possible. RECOMMENDATION: The Salt Lake City Justice Court recommends approval of this Ordinance. 451 SOUTH STATE STREET, ROOM 225, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: B01-535-6321 FAX: 801-535-6082 ►�i REcrcEo RARER LE-CGS-C 4-7' V SALT LAKE CITY ORDINANCE No. of 2002 (Establishing a Justice Court) AN ORDINANCE ENACTING CHAPTER 2.84, SALT LAKE CITY CODE, RELATING TO ESTABLISHING A SALT LAKE CITY JUSTICE COURT; AMENDING CHAPTER 2.75, RELATING TO ENFORCEMENT OF CIVIL VIOLATIONS; AMENDING SECTION 1.12.050 RELATING TO VIOLATION-PENALTY; REPEALING SECTION 2.59.035 RELATING TO ADMINISTRATIVE LAW JUDGE SUBPOENAS; AMENDING SECTION 2.59.040 RELATING TO ISSUANCE OF SUBPOENAS; AMENDING SECTION 5.71.090 RELATING TO ENFORCEMENT PROCEDURES —CIVIL NOTICE OF GROUND TRANSPORTATION VIOLATION; AMENDING SECTION 5.71.100 RELATING TO EXPEDITED APPEAL OF EXCLUSION; AMENDING SECTION 8.04.390 RELATING TO ANIMALS RUNNING AT LARGE; AMENDING SECTION 8.04.400 RELATING TO DOGS ON CHAINS IN UNENCLOSED PREMISES; AMENDING SECTION 8.04.520 RELATING TO NOTICE OF VIOLATIONS; AMENDING SECTION 11.14.070 RELATING TO ADMINISTRATIVE APPEALS; AMENDING SECTION 12.12.010 RELATING TO OBEDIENCE TO TRAFFIC CODE REQUIRED; AMENDING SECTION 12.12.015 RELATING TO CIVIL TRAFFIC VIOLATIONS; AMENDING SECTION 12.16.060 RELATING TO COLLISION WITH UNATTENDED PROPERTY; AMENDING SECTION 12.24.016 RELATING TO VEHICLE OWNER DRIVING WITHOUT INSURANCE; AMENDING SECTION 12.24.018 RELATING TO DRIVING WITHOUT INSURANCE; AND AMENDING SECTION 14.20.110 RELATING TO FAILURE TO REMOVE SNOW AND ICE—CIVIL PENALTIES. WHEREAS, Section 78-5-101.5, Utah Code Annotated, 1953, as amended("UCA") provides that municipalities in which 501 or more citations or cases are filed per month may elect to create a Class I municipal justice court upon: (1) filing a written declaration with the Judicial Council on or before July 1 at least two years prior to the effective date of the election; (2) demonstrating compliance with operating standards as established by statute and the Judicial Council; and(3) the Judicial Council having certified the creation of the court pursuant to UCA Section 78-5-139; and WHEREAS, the Salt Lake City Council did, on June 29, 2000,by Resolution No. 40, formally declare its intention and election to create and operate a Class I municipal justice court in accordance with UCA Section 78-5-101.5 and with the Justice Court Standards for Certification of New Courts—2000 adopted by the Judicial Council pursuant to statute; and WHEREAS, the Judicial Council did, on September 12, 2000, certify to Salt Lake City Corporation the creation of the court pursuant to UCA Section 78-5-139; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH: SECTION 1. That Chapter 2.84, Salt Lake City Code,pertaining to the establishment of a Salt Lake City Justice Court be, and the same hereby is, enacted to read as follows: Chapter 2.84 JUSTICE COURT 2.84.010 Establishment of Justice Court: 2 There is hereby created within the Salt Lake City government a Class I municipal court, which shall be known as the "Justice Court of Salt Lake City." 2.84.020 Establishment of judgeships: There is hereby created with the Justice Court of Salt Lake City, Utah, five offices of municipal justice court judge of said justice court. 2.84.030 Appointment and Term of Office: A justice of the justice court shall be appointed by the mayor and shall be confirmed by the city council in accordance with UCA Section 78-5-134, or its successor. The term of office of a justice of the justice court shall be four years, as provided by UCA 78-5-132, or its successor. 2.84.040 Qualifications for Office: A justice of the justice court shall, in addition to meeting all the qualifications as set forth in UCA Section 78-5-137 or its successor, be a member in good standing of the Utah State Bar Association at the time of appointment and at all times while serving in said office. 2.84.050 Compensation: The compensation of a justice of the justice court shall be in accordance with the compensation plan of the city, but a justice shall not receive a salary greater than 85% of the salary of a district court judge, or such other percentage or limitation as prescribed by UCA Section 78-5-128 or its successor. 2.84.060 Jurisdiction and Authority: The justice court shall have jurisdiction over all matters as provided by law and state statute, including, but not limited to,jurisdiction and authority provided under UCA Sections 78- 3 5-104, 78-5-105, and 78-5-106, or their successors. In accordance with said jurisdiction, the justice court may hear civil violations of Salt Lake City ordinances, including, but not limited to, those civil violations which have been designated as civil penalty matters, having been converted by the City from criminal violations, unless city ordinances provide for a different procedure for handling such violations. Civil penalty matters shall be managed in accordance with simplified rules of procedure and evidence applicable to small claims courts. 2.84.070 Default Civil Penalty Schedule A. The justice court may establish a default civil penalty schedule, similar in format to the Uniform Misdemeanor Fine/Bail Schedule adopted by the Judicial Council, except that the fees set forth in the City's default civil penalty schedule may be higher or lower than those set forth in the uniform bail schedule. The justice court default civil penalty schedule shall apply only in those instances in which the defendant is not required to appear in court and the defendant's voluntary forfeiture of the penalty fee disposes of the case. The fees set forth in the default civil penalty schedule shall include all penalties, surcharges and assessments provided by law. However, the foregoing authorization does not prohibit the court from, in its discretion, imposing no fine or a fine in any amount up to and including the maximum fine for the offense. B. The cumulative total of all civil penalties, surcharges and assessments for each citation shall not exceed the total sum prescribed for Class B misdemeanors as set forth in Utah Code Annotated Sections 76-3-301 and 76-3-303, as amended, or their successors. 2.75.100 Surcharges: 4 With regard to traffic violations under Title 12 of this Code, other than parking violations, the justice court shall assess all fees and surcharges required to be assessed by state statute. SECTION 2. That Chapter 2.75, Salt Lake City Code,pertaining to the Administrative Traffic Enforcement Program be, and the same hereby is, amended to read as follows: Chapter 2.75 ENFORCEMENT OF CIVIL VIOLATIONS"nD-11NIS'�RATI' TRAF IC ENFORCEMENT vvOCR A M 2.75.010 Definitions: Whenever the following terms are used in this Chapter, they shall have the meanings set forth herein: A. "CivilAdministrative citation," also known as a"Notice of Violation" or"Civil Notice,"means a civil finding notice that a civil violation of this Code has occurred, issued by an law enforcement officer or other person authorized to issue such notice consistent with UCA Section 77-7-18 or other applicable laws or state statutes or their successors that a violation of this Code, as provided in Section 2.75.060 or 2.75.070 of this Chapter, has occurred. B. "Civil violation ement pr gram" means a noncriminal violationenforcement of traffic laws orand such other ordinancescntbrccmcnt programs as are designated in city ordinances as civil violations. as may be designated by City ordinances. C. "Administrative Law Judge" or "ALJ" means a person selected to be the final decision maker of noncriminal traffic matters and such other administrative adjudications as may be designated by City ordinances. 5 CD. "Assessments" means and includes,but is not limited to;late charges, administrative fees, attorney fees, court costs, and traffic school fees. DE. "Civil penalty" shall-means the fine, forfeitures.,or assessments or combination thereof imposed by the Salt Lake City justice courtALJ in the administrative enforcement Pfegram. F. "Hearing officer" means an individual designated as a hearing officer, violation coordinator, or such other person who has authority to make decisions regarding civiladministrativc citations that have been issued by an law-enforcement officer, -before the matter is referred to a the-justice court judgeAbJ. o a,,, strati e Law edge: A. Duties: The ALJ may: 1) establish policies and procedures for handling appeals information o scary r d; ..,roar a ctio shenld any staff violate City policies or the AL3 policies and procedures; 5) serve as a business license hearing examiner as provided by Section 5.02.230 of this Code, in addition to other hearing examiners appointed by the Mayor. B. Policies And Procedures: The AU has authority to establish written policies and C. Term: The AL3 shall serve for six (6) years or until such time as the position is eliminated from the City staffing document, whichever may occur first. The ALJ may be 6 r appointed-te a subsequent term, without engaging in the entire selection process described above, upon-nomination by the Mayor and consent by the City Council. D. Removal: The ALJ shall be subject to r a' d r ng the term ofoffice ' r„ including, but not limited to, malfeasance, misfeasance or nonfeasance. E. Number: The number of ALJs shall be at least one, but may be as many as the caseload may require and as funded by the City Council. F. Presiding ALJ: In the event there is more than one ALJ, the presiding AU shall be selected by vote of ALJs, but no ALJ may serve more than one consecutive term as presiding A. Nominating Commission: A nominating commission of five (5) residents of Salt b of the same political party. At least one but no more than three (3)members of the commission shall be members of the Utah State Bar. B. Panel Of Nominees: The commission shall select a panel of five (5) qualified persons whose names are to be submitted to the Mayor. The Mayor shall select one person from the panel and shall forward the name of the selected person to the City Council for their advice the panel or may request the commission to select a new panel of nominees. 7 C. Qualifications: The Administrative Law Judge shall be: 1) admitted to practice law in the State; 2) a member-in-geed-standing of the Utah State Bar; 3) at least twenty five (25) ; y mediately preceding selection. 40 Pro Tempore A dministrative Y a , u dge: The Mayor shall have power, any time after adoption of this Chapter,to appoint an ALJ to act pro tcir is till- p than thirty (30) days. 2.75.0250 Hearing Officer: A. Duties: Consistent with the policies and procedures promulgated by the justice court, the hearing officer may adjust and set, as authorized, sums due asreceivc_civil penalties, surcharges, and assessments owed; certify to the State that violations did occur so that points may be assessed to the violator pursuant to Utah Code Annotated section 53-3-221; reduce civil penalties owed; dismiss citations,upon payment of fees and attendance at traffic school; enter into agreements for the timely or periodic payment of penalties, surcharges and assessments; and perform such other duties as deemed necessary or desirable by the justice courts to carry out the purposes of this Chapter in accordance with justice and equity. E . Accountability: The hearing officer shall serve as the-staff for the justice courtALJ but shall be supervised as an employee,under the direction of the City Director of Management Services or his/her designee. 8 FG. Exceptions: Regardless of provisions in this Section to the contrary, violations of the following City Code sections shall require a mandatory appearance before a judge of the justice courts for disposition, and shall not be disposed of by a hearing officer: 1. Section 12.36.040. 2. Section 12.48.070. 3. Section 12.48.080. 4. Section 12.48.100. 2.75.0360 Civil Traffic Violations: A. When an enforcement officer determines that a civil violation of Title 12 of this Code has occurred, the officer shall issue a civilaninir-ative citation, the matter shall be handled by the justice court, and the penalty for such civil violation shall be as provided in Section 1.12.050, or its successor as provided in this Chapter, except as-provided in subsection-B of this Section.. B. An officer shall not issue an administrative citation for any of the following 1. Sections 12.16.010 through 12.16.120 (a moving violation that would be a Class B misdemeanor in a criminal proceeding); 2. Section 12.21.100 (driving under the influence of drugs or alcohol); 3. Section 12.21.070 (alcoholic beverages in vehicles); 'l. Section 12.2'1.080 (intoxicated person in or about vehicles); 5. Section 12.24.120 (Class B misdemeanor driving on denied, suspended or rep rl -license); 9 b. Section 12.52.350 (reckless driving); 7. When any violation of Title 12 of this Code occurs in-con ction with a of �1�CT1SV L1„11 . w.�; • • State or Federal law. B. Unless a mandatory appearance before the justice court is required by subsection F of this Section, or its successor, an person having received a civil citation shall, within twenty (20) days, either pay the civil penalty as contained in the default penalty schedule or file a written request for a hearing before the justice court. C. Unless a mandatory appearance before the justice court is required by subsection F of this Section, or its successor, any person receiving a civil citation who requests a hearing shall discuss the matter with a hearing officer for informal resolution prior to the hearing before the justice court. U. If the matter is resolved by the hearing officer, the hearing request shall be dismissed. E. If the civil penalties payable to the City remain unsatisfied and no written request for a hearing has been filed after twenty(20) days from the issuance of the civil citation,the City may use such lawful means as are available to collect such penalties, including late charges, administrative and court costs and attorney fees. Any additional penalties are stayed upon filing the request for hearing, until judgment is rendered in the matter. 2.75.070 Other Violations: The following sections of this Code shall be administered as a art fthe admin stratve 7A1TiT1-1,Z-i\.C.iC[1111t11J 411.E L1 V V enforcement-3Feg am: 10 A. Parking: The provisions of Chapter 12.56 of this Code; B. Animal Control: Civil notices of violation under subsection 8.04.510B of this Code; C. False Alarms: Service fees imposed by Section 5.08.095 of this Code; D. Ground Transportation: Civil notices of ground transpor'atio olations referred to in Chapter 5.71 of this Code; and 2..75.080 A„„„als of A dm;nistrative Citatio„s. A. The AU shall hear and decide all appeals of administrative citations, unless specifically excepted in this Chap B. Any person having received an administrative citation shall within twenty (20) days either pay the civil penalty, surcharge and assessment as contained in the fee schedule, or file ritten request -E r ., hearing before the A r r requests a hearing may choose to discuss the matter with a hearing officer for informal resolution prior to the hearing before the AU. D. If the matter is resolved by the hearing officer, the hearing request shall be dismissed. E. H wrings before the All may be informal, but shall be conducted in a manner to provide a , ' cluding, but not limited to, the following: 1)the right-to-appear in person or be represented by counsel; 2) the right to subpoena witnesses at the 11 I • expense of the request' > Evidene • - he" d• n) r ns or-their ' eys have the right ,.;��°n ,�"f- �eed not be strictly follo��ed��ie , . �`��-- tt^ to cross examine-witnesses; 5) all proceedings before the AU T hal be recorded by audio part of the decision. F. In a hearing before the ALJ the City b-ars the burden to prove the existence of a violation by a preponderance of the evidence. G. If the ALJ finds that the burden of proof has not been met, the All shall dismiss the administrative citation. H. If the ALJ finds that a violation did occur,the ALJ may enter such a finding, assess or reduce the penalties, surcharges and assessments-as-jttstieelation r cei if= J school; or take any other action consistent with this Chapter, �. If the penalties, b remain unsatisfied after twenty(20) days from the issuance of the administrative citation and no written request for a h aring has been-#iled, or thirty (30) a . have;„ssee f om the eo V dat f � t payment ordered by the ALJ, the City may use such lawful means as are available to collect such penalties, surcharges, a atterncy--1 ;s. Any additional-penalties are stayed upon filing-t-he-request for hearing. 12 J. Failure to pay the penalties, surcharges and assessments imposed pursuant to this Chapter&,.to a. peal the administrative citation within the prescribed time limits or failure to appear at the administrative appeals process referred to in Section 2.75.110 of this Chapter. 2Y • • ' 1 • traffic school fee, and assessment schedule. The schedule shall lis, st ndar,a po lty nts for those violations to be heard by the n r r r hearing officer as provided by this Chapter. In the penalty within twenty(20) days of the issuance of the citatio such, shall con ti,ute ., de f,ul, Insofar as is practical the " establishing the penalty schedule. Unless the ALJ establishes a different penalty schedule as authorized by this Section, the civil penalty shall be consistent with the uniform bail schedule adopted by the Judicial Council. B. The cumulative total of all civil penalties, surcharges and assessments for each citation shall not exceed those prescribed for Class B misdemeanors as set forth in Utah Code Annotated sections 76 3 301 and 76 3 303, as amended. shall be segregated from other funds. Such funds will not be spent until app opriatee b✓:t e City Council. 2.75.100 Surcharge Fees: 13 W ti, re Y,rrl to traffic r olntions under Title_12 „f th Co e (other tt,a parking ra.�.rvrro uuuer i rare r�. yr b violations): A. If the final administrative determination is for a violation reportable to the State, the AU shall assess a building fees___h_ al t„tl, St t � „ • aed_in_Ut_ah eele aG-CJTCnLC�I'C'eT'T�iZQ�CL 111-�Gutt L�vuv `C te. Annotated section 21 1 5(2)(d)(ii). The City shall remit the building fee surcharge to the State for use as specified in Utah Code Annotated section 21 1 5(3) until such time as the bonding ebt.` .s for the M th C tl" e is retired. Annotated section 63 63b 101. T use as specified in Utah Code Annotated section 63 63b 102. b see r• D. The AU shall also assess a City surcharge of thirteen dollars ($13.00). 2 '7G 1 1 0 Appeals Fr om A I I Decisions: � . • 7G ATJ r I Vl.Ii .C"i LJFJ rJL�.la lV 3lwl• Upo^ exhausting the administrative appeals process ofc t• 2 75 n8n fthis Cl„pter, b reviewf tl, (`nal a tr„t, e ,letermination ursuant to section 10 3 703.7, Utah Code A 1'Final ., aministratave deter,.„iftation" means an AU determination pursuant to subsection 2.75.080H of this Chapter, or its successor. 14 B. The City shall transmit to the reviewing District Court the record of its __ proceedings inclu ing its (findings rders d r, true `nd n .ant transcript of he A T T proceedings. The appellant shall bear the cost „fpreviding the r „r,a „nd transcript . rding appeals from an AU determination to the District Court arising on or after March 16, 2000, the SECTION 3. That Section 1.12.050, Salt Lake City Code, pertaining to violations and penalties be, and the same hereby is, amended to read as follows: 1.12.050 Violation-Penalty. Any person convicted of violating any provision of the City ordinances codified in this code, or ordinances hereafter enacted, shall be guilty of a Class B misdemeanor.,unless otherwise specified in such ordinance;or interpreted by the court as a Class C misdemeanor or-infraction, or civil violation, and such violations shall be punished as follows: A. In the case of a Class B misdemeanor,by a fine in any sum not exceeding one thousand dollars or by imprisonment for a term not longer than six months, or by both such fine and imprisonment; B. In the case of a Class C misdemeanor, by a fine in any sum not exceeding seven hundred fiftyfive hundred dollars or by imprisonment for a term not longer than ninety days, or by both such fine and imprisonment; C. In the case of an infraction, by a fine in any sum not exceeding five hundred dollars; 15 D. In the case of a civil penalty violation, by a total assessment not in excess of one thousand dollars; ED. The sentence to pay a fine or civil penalty, when imposed upon a corporation, association or partnership, for a Class B misdemeanor or civil penalty violation, shall be in any sum not exceeding five thousand dollars; FB. The sentence to pay a fine, when imposed upon a corporation, association or partnership, for a Class C misdemeanor or infraction, shall be in any sum not exceeding one thousand dollars; GR. A prosecution of a corporation, association or partnership, as an entity, shall not preclude prosecutions of individuals responsible for the actions of such entities and shall not preclude a separate fine or imprisonment or both, or civil penalty, for those individuals, as well as a separate fine, or civil penalty, for the business entity. H. The foregoing penalties for criminal violations shall be in addition to any surcharges imposed by state law. SECTION 4. That Section 2.59.035, Salt Lake City Code, pertaining to administrative law judge subpoenas be, and the same hereby is, repealed: 2-.-59.0 z A inistrative-Law J; e-Subpoenas: witnesses and to give testimony or to - •o,i, a cord,. „„k' docume„p er items. B. The subpoena may be authorized upon signatures an Administrative Law Judge. Ne TQtZtersS na Lure shall be Y gnif-ed: 16 SECTION 5. That Section 2.59.040, Salt Lake City Code, pertaining to issuance of summons be, and the same hereby is, amended to read as follows: 2.59.040 Issuance Of Subpoenas: A. All City subpoenas shall be issued by the City Recorder's office. The Recorder's office shall keep a record containing: 1) the date of issuance, 2) the matter for which the subpoena was issued, 3) returns of all subpoenas, and 4) at whose request the subpoena was issued. B. All subpoenas shall be issued with an original and a copy. The original, together with proof of service, shall be returned to the Recorder's office and a copy left with the person upon whom it is served. C. The subpoena shall be issued in the name of the City and shall be entitled "City Subpoena" and shall state whether it is before the legislative branch;or the executive branch, or the Administrative Law Judge. The subpoena shall state the title of the matter being heard and shall command each person to whom it is directed to attend and give testimony and/or produce records or documents at a time and place specified in the body of the subpoena. D. Nothing in this section shall limit the City's authority to issue subpoenas in criminal matters as provided by law. SECTION 6. That Section 5.71.090, Salt Lake City Code, pertaining to appeal procedures regarding civil notices of ground transportation violations be, and the same hereby is, amended to read as follows: 5.71.090 EnforcementAppeal Procedures-Civil Notice Of Ground Transportation Violation: 17 A. The Mayor shall appoint such hearing officers as he or she deems appropriate to consider matters relating to violations of this Chapter, including, but not limited to, departmental hearing officers and mayoral hearing examiners. "Departmental Hhearing officers" means those hearing officers employees of the Treasurer's office charged th the ren o sibility of hearing appeals regarding civil penalties referred to in Chapter 2.75, or its successorassessed under Section 5.71.080 of this Article, or its successor. "Mayoral hearing examiners" means persons revocations, efts nd denials er npprevnlc B. Civil notices under this chapter, others than those involving license revocations, suspensions, denials or approvals, shall be handled by the Salt Lake City justice court. Any named party may appear before a departmental hearing officer and present and contest an alleged violation as provided in Chapter 2.75, or its successor. C. The burden to prove any defense shall be upon the person raising such defense. D. If the departmental hearing officer finds that no violation of this Chapter occurred, or that a violation occurred but one or more of the defenses set forth in this Section is applicable, the departmental hearing officer may dismiss the civil notice and release the named party from liability thereunder, or may reduce the penalty associated therewith as he or she shall determine. Such defenses are: 1. The civil notice does not contain the information required by this Chapter; 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or 18 3. Such other mitigating circumstances as maybe approved by the City Law Department. E. If the departmental hearing officer finds that a ground transportation violation occurred and no applicable defense exists, the departme t a"eaf=ng officer ma,, in the interesaf F. I days from the receipt of civil notice, or ten(10) days from such date as may have been agreed to by the departmental hearing officer, the City may use such lawful means as are available to collect such penalty, including costs, attorney fees, interest, suspension, revocation, or nonrenewal of a City license._ SECTION 7. That Section 5.71.100, Salt Lake City Code, pertaining to expedited appeal of exclusion regarding business license revocation and ground transportation be, and the same hereby is, amended to read as follows: 5.71.100 Expedited Appeal Of Exclusion: A. "Mayoral hearing examiners" means persons appointed as provided by Section 5.02.280 of this Title to hear matters involving business license revocations, suspensions, and denials or approvals. B. Any named party who is excluded from pursuing commercial activities under this Chapter, and has not had a hearing before a mayoral hearing examiner regarding such exclusion, may request an expedited appeal of such exclusion within five (5)business days of the date when such exclusion is effective. Such appeal shall be requested in person by the person so excluded to 19 the department responsible for enforcement. The City department responsible for enforcement shall promptly investigate the facts relating to such exclusion. If the evidence indicates that such exclusion is improper under this Chapter, the department's manager or other designated officer shall stay such exclusion until the issue can be heard and determined by a mayoral hearing examiner. If the exclusion is not stayed by the department charged with enforcement, a hearing regarding such exclusion shall be held before a mayoral hearing examiner within five (5) days of the manager's or departmental officer's determination. If the evidence indicates that such exclusion is proper under this Chapter such hearing officer shall uphold such exclusion. SECTION 8. That Section 8.04.390A, Salt Lake City Code, pertaining to animals running at large be, and the same hereby is, amended to read as follows: 8.04.390 Animals Running At Large: A. With the exception set forth in subsection B of this Section, it is unlawful for the owner or person having charge, care, custody or control of any animal to allow such animal at any time to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this Section, regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not such owner or person knows that the animal is running at large. Any person violating any provision of this Section shall be deemed guilty of a civil violation and shall be penalized as provided in Appendix A of this Chapter and Chapter 2.75 of this Code, or its successor. B. * * * SECTION 9. That Section 8.04.400, Salt Lake City Code, pertaining to dogs on chains on unenclosed premises be, and the same hereby is, amended to read as follows: 20 8.04.400 Dogs On Chains On Unenclosed Premises: It is unlawful for any person to chain, stake out or tether any dog on any unenclosed premises in such a manner that the animal may go beyond the property line, unless such person has permission of the owner or lessee of the affected property. Any person violating any provision of this Section shall be deemed guilty of a civil violation and shall be penalized as a Chapter 75 c ,his r�„tea successor provided in Appendix A of this Chapter-��_:_ ��or �� . SECTION 10. That Section 8.04.520, Salt Lake City Code, pertaining to notice of violations—appeal procedures be, and the same hereby is, amended to read as follows: 8.04.520 Notice Of Violations-Appeal-Procedures: A. Notices of violations shall be adjudicated b, h__ „ cers ndier as civil violations in the justice court ' tr ti ,e law jutclges in accordance with the procedures set forth in Chapter 2.75 of this Code. B. Any person having received a notice of violation, as provided in this Chapter,may appear before the justice court a hearing officer and/or the Administrative Law Judge and present and contest such alleged violation. C. The burden to prove any defense shall be upon the person raising such defense. D. If the hearing officer finds that no violation as set forth in the notice of violation has occurred or that such a violation has occurred but one or more of the defenses set forth in this Section is applicable, the hearing officer may dismiss the notice of violation and release the recipient of the notice from liability thereunder or the hearing officer may reduce the penalty associated therewith. Such defenses are: 21 1. At the time of the receipt of the notice, the person receiving the notice was not the owner or the person responsible for the animal and his/her actions did not contribute to the issuance of the notice of violation. 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property. 3. Such other mitigating circumstances as may be approved by the City Law Department. E. If the 1 ifrthe4ntefest- behalf-ef-the-Gityr enter into an agreement for the timely or periodic payment of the applicable penalty. F. If the penalty imposed pursuant to this Chapter remains unsatisfied after twenty by the hearing officer or Administrative Law Judge, the City may impose assessments in accordance with Section 2.75.090 of this Code, or its successor. The City may use such lawful means as are available to collect such penalty, including late ch rges, administrative costs and attorney fees. SECTION 11. That Section 11.14.070, Salt Lake City Code,pertaining to administrative appeals in regards to special security assignments in connection with parties, gatherings or events be, and the same hereby is, amended to read as follows: 11.14.070 Administrative Appeals: 22 A. TheA administrative lawjustice court judge shall consider matters relating to the "Special security assignments". B. Any person having received notice of a "Special security assignment" may appear before an the justice courtadministrative law judge and present and contest such alleged violation, in accordance with the procedures set forth in Chapter 2.75 of this Code.- administrative law judge's decision shall be final. C. The burden to prove any defense to reimburse the city for the service shall be upon the person raising such defense. D. If the administrative law judge finds that no special security assignment occurred or a special security assignment occurred, but one or more of the defenses set forth in this section is applicable, the administrative law juke may dismiss the notice of"Special security and equity may require. Such defenses are: 1. Wrong name and address on the special security assignment notice; 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; 3. The "Special security assignment" notice was not properly completed by the officer in a material and substantial way that caused prejudice to appellant; 4. The "Special security assignment" notice was not hand delivered or posted in a conspicuous place, which caused material prejudice to the appellant; or 5. Such other mitigation circumstances, as may be shown by appellant. 23 If the and no applicable de . s, b ' ,, on behalf of the city, enter into an agreement foi4he4imely-er=per-iodic payment of the applicable costs. G. days from the receipt of the notice, or ten(10) ,lays from such, ,ate as may have been agreed to b , , including costs, prejudgment interest and attorney fees. SECTION 12. That Section 12.12.010, Salt Lake City Code,pertaining to obedience to traffic code be, and the same hereby is, amended to read as follows: 12.12.010 Obedience To Traffic Code Required: A. Unlawful Acts: It is unlawful for any person to: 1. Do any act prohibited by this Title; 2. Fail or refuse to do any act required by this Title; 3. Operate any vehicle in violation of any provision of this Title; or 4. Operate any vehicle unless such vehicle is equipped and maintained in compliance with this Title. (See Section 12.56.550 of this Title for sections subject to civil penalties.) B. Infractions: Any person guilty of violating any provision oft is title sh ll be deemed guilty of an infraction unless such offense is specifically designated as a Class B 24 BE". Misdemeanor On Third Conviction: Upon a third conviction of any moving violation, whether the same violation or different violations, within the prior twelve (12) month period, such third violation is specifically designated as a Class B misdemeanor. CD. Infraction And Misdemeanor Penalties: A person convicted of an infraction or a Class B misdemeanor, as provided in this Section, shall be punishable as provided by Section- 1.12.050 of this Code, or its successor. SECTION 13. That Section 12.12.015, Salt Lake City Code,pertaining to civil traffic violations be, and the same hereby is, enacted to read as follows: 12.12.015 Civil Traffic Violations: A. Civil violations: Any person guilty of violating any provision of this title shall be deemed guilty of a civil traffic violation, unless such offense is specifically designated as a Class B or Class C misdemeanor or an infraction. B. The following violations of this Title shall be Class B misdemeanors: 1. Sections 12.16.010 through 12.16.120, (a moving violation that would be a Class B misdemeanor in a criminal proceeding) except for Section 12.16.060; 2. Section 12.24.070 (alcoholic beverages in vehicles); 3. Section 12.24.080 (intoxicated person in or about vehicles); 4. Section 12.24.100 (driving under the influence of drugs or alcohol); 5. Section 12.24.120 (driving on denied, suspended or revoked license); 6. Section 12.52.350 (reckless driving); 25 7. When any violation of this Title 12 occurs in conjunction with any of the violations listed above or in conjunction with any other criminal violation of this Code or of State or Federal law. SECTION 14. That Section 12.16.060, Salt Lake City Code, pertaining to collision with unattended property be, and the same hereby is, amended to read as follows: 12.16.060 Collision with unattended property. A. The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which results in damage to the other vehicle or property shall immediately stop, and shall then and there either locate and notify the operator or owner of such vehicle or other property of such driver's name and address and the registration number of the vehicle causing such damage, or shall attach securely in a conspicuous place on the vehicle or other property a written notice giving such driver's name and address and the registration number of the vehicle causing such damage. If applicable, the driver shall also give notice as provided in Section 12.16.010, or its successor. B. Any person failing to comply with said requirements under such circumstances is guilty of civil violationan infraction. SECTION 15. That Section 12.24.016, Salt Lake City Code, pertaining to vehicle owner driving without insurance be, and the same hereby is, amended to read as follows: 12.24.016 Vehicle Owner Driving Without Insurance: A. It is unlawful for any owner of a motor vehicle with respect to which a security is required under Utah no-fault insurance laws, to drive such motor vehicle or permit such motor vehicle to be driven upon streets or highways within the corporate limits of the City, without 26 security being in effect, as required by the Utah Automobile No-Fault Insurance Act, or its successor. B. The foregoing notwithstanding, no person cited for a violation of this Section shall be adjudged guilty of a violation hereof, if such person produces reasonable evidence before an administrative hearing officerthe justice court, in accordance with the procedures set forth in Chapter 2.7.5 of this Code, or its successor,or an Administrative Law Judge that such security was in effect at the time such person was issued a citation for failure to have such evidence in his or her possession. Evidence of such security being in effect may be in the form of an identification card approved by the Utah Department of Public Safety for issuance by an insurer to its insured with respect to the motor vehicle. C. An increased penalty may be imposed for a second and subsequent offense within three (3) years of a previous conviction or forfeiture of penalty. SECTION 16. That Section 12.24.018, Salt Lake City Code, pertaining to driving without insurance be, and the same hereby is, amended to read as follows: 12.24.018 Driving Without Insurance: A. It is unlawful for any person to operate a motor vehicle which is subject to the requirements of insurance contained in the Utah Automobile No-Fault Insurance Act, section 31A-1-101 et seq., Utah Code Annotated, or its successor, anywhere within the corporate limits of the City, knowing that the owner of the motor vehicle does not have security in effect as required by the Utah No-Fault Insurance Act. B. The foregoing notwithstanding, no person cited for a violation of this Section shall be adjudged guilty of a violation hereof if such person produces reasonable evidence before 27 an administrative hearing officerthe justice court, in accordance with the procedures set forth in Chapter 2.7.5 of this Code, or its successor, or an Administrative Law Judge that said security was in effect at the time such person was issued a citation for failure to have such evidence in his or her possession. Evidence of such security being in effect may be in the form of an identification card approved by the Utah Department of Public Safety for issuance by an insurer to its insured with respect to the motor vehicle. C. An increased penalty may be imposed for a second and subsequent offense within three (3) years of a previous conviction or forfeiture of penalty. SECTION 17. That Section 14.20.110, Salt Lake City Code, pertaining to failure to remove snow and ice be, and the same hereby is, amended to read as follows: 14.20.110 Failure To Remove Snow And Ice-Civil Penalties: A. Any owner or occupant of property abutting a paved City sidewalk who fails to comply with Section 14.20.070 of this Chapter is guilty of a civil violation. shall be liable for a civil penaltySuch violation shall be handled by the city's justice court, which penalty shall be in addition to other penalties provided by law in accordance with the procedures set forth in Chapter 2.75 of this Code, or its successor. Notice of civil violation may be given to the lessee and/or the owner of the propertyby hand delivery or by the mailing of the notice by first class mail to the owner of record. B. The civil penalty shall be in the sum of seventy-five dollars ($75.00). C. Any penalty paid within fifteen (15) days of receipt of notice shall be reduced by the sum of fifty dollars ($50.00). 28 D. Any penalty paid within twenty five (25) days shall be reduced by the sum of twenty-five dollars ($25.00). E. "Issuance of notice" means notice given to the lesseee, occupantt andror-'^0wner o{• record. F. The Mayor shall appoint such hearing officer ^ 'she ,aee„ s nppropri to to a r C't , sidewalks n ny having consider matters relating to snow and ice remo� �� pers:,n, -��•--�� b SECTION 18. This ordinance shall take effect on July 1, 2002. Passed by the City Council of Salt Lake City, Utah this day of 2002. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR 29 CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. of 2002. Published: G:\Ordinance 02\Enacting Chapter 2.84 re Establishment of an SLC Justice Court - 4-10-02 draft 30 MEMORANDUM DATE: April 12, 2002 TO: Council Members FROM: Gary Mumford RE: Request for Small Business Loan—Babinski's, Inc. Babinski's is a store located in Foothill Village since 1998 that specialize in retail products for new parents. Babinski's is requesting a$58,000 loan from the City's Small Business Revolving Loan Fund to expand into adjacent space at Foothill Village. The loan will allow the store to expand from 2100 square feet to 4760 square feet. The loan proceeds will be used for build-out costs, for acquiring additional inventory, for a direct mail marketing campaign, and for improvements to the store's web site. Internet sales currently account for about 30% of Babinski's total sales. The store also has a gift registry program. The loan will have a term of five years and an interest rate of 4.75%. It will be secured by a lien on the personal residence of the business owners and by the personal guarantee of the owners. The credit report of the owners doesn't show any delinquencies or unpaid accounts. The Small Business Loan Committee favorably recommends the loan. Update on criteria for the City's small business revolving loan program The recently appointed director of the Department of Community and Economic Development is reviewing the proposed loan criteria and point-system matrix for evaluating loan applications. At the recommendation of the City Attorney, the proposal will request that the Council adopt general criteria and authorize the Administration to issue loans without Council approval of individual loans. Council staff's understanding is that the Administration will advance the proposed criteria to the Council within a couple of weeks. cc: Rocky Fluhart,Jay Magure,Margaret Hunt,LuAnn Clark,Bob Gore SA M' Q '' _ RPO `A, CIO} - ��s. _,�' ,�c�:r_ ROSS C. "ROCKY" ANDERSON COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR COUNCIL TRANSMITTAL TO: Rocky Fluhart, Chief Administrative Officer 1DATE: March 15, 2002 FROM: Margaret Hunt, Director RE: A resolution u'thorizingMayor the to execute a loan agreement and related loan g documents with Babinski's, Inc. for a $58,000 loan from Salt Lake City's Small Business Revolving Loan Fund. STAFF CONTACT: LuAnn Clark, Acting HAND Director DOCUMENT TYPE: Resolution BUDGET IMPACT: $58,000 from the City's Small Business Revolving Loan Fund. DISCUSSION: Babinski's - Good Stuff for Baby is a specialty infant product retail establishment that has been located in the Foothill Shopping Center since 1998. It specializes in helping first time parents decide what items they need for their new baby, and also focuses on the baby gift market. It carries over 3,000 different items including cribs and nursery furniture, bassinets, strollers, car seats, bedding, bouncers and swings, safety items, toys, baby books, feeding items, clothing, skin care, development products, and a wide range of gift items, such as specialty blankets and keepsake silver. It also has a gift registry program that allows customers to register for items they would like to receive as gifts, and a web site, which accounts for 30% of its total sales. Babinski's has applied to the City for a small business loan to (a) increase the size of its store from 2100 to 4760 square feet by expanding into adjoining available space, (b) acquire inventory for the new space, (c) undertake a direct mail marketing campaign, and (d) improve its web site. The attached resolution authorizes a$58,000 loan from the City's Small Business Revolving Loan Fund to Babinski's for the above purposes. The loan will have a term of five years and an interest rate of 4.75%. It will be secured by a lien on the personal residence of the business owners, and by the company's president maintaining a credit life insurance policy in an amount not less than the loan amount with the City named as loss payee. The loan will also be guaranteed personally by the owners and by a corporate guarantee from Babinski's, Inc. The Small Business Revolving Loan Fund Committee favorably recommends the loan. 451 SOUTH SLATE STREET. ROOM 404. SALT LAKE CITY, UTAH 8411 TELEPHONE 80 I-535-6230 FAX: 801 535-600S SALT' 9 °' ITX`0.f RPORATIOI „ -ter -�.am- •�®_..�.--�>-Y� ROSS C. "ROCKY" ANDERSON COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR COUNCIL TRANSMITTAL TO: Rocky Fluhart, Chief Administrative Officer' tC" DATE: March 15, 2002 FROM: Margaret Hunt, Direct r k(k RE: A resolution ag Mayor the Ma or to execute a loan agreement and related loan documents with Babinski's, Inc. for a $58,000 loan from Salt Lake City's Small Business Revolving Loan Fund. STAFF CONTACT: LuAnn Clark, Acting HAND Director DOCUMENT TYPE: Resolution BUDGET IMPACT: $58,000 from the City's Small Business Revolving Loan Fund. DISCUSSION: Babinski's- Good Stuff for Baby is a specialty infant product retail establishment that has been located in the Foothill Shopping Center since 1998. It specializes in helping first time parents decide what items they need for their new baby, and also focuses on the baby gift market. It carries over 3,000 different items including cribs and nursery furniture, bassinets, strollers, car seats, bedding, bouncers and swings, safety items, toys, baby books, feeding items, clothing, skin care, development products, and a wide range of gift items, such as specialty blankets and keepsake silver. It also has a gift registry program that allows customers to register for items they would like to receive as gifts, and a web site, which accounts for 30% of its total sales. Babinski's has applied to the City for a small business loan to (a) increase the size of its store from 2100 to 4760 square feet by expanding into adjoining available space, (b) acquire inventory • for the new space, (c) undertake a direct mail marketing campaign, and(d) improve its web site. The attached resolution authorizes a $58,000 loan from the City's Small Business Revolving Loan Fund to Babinski's for the above purposes. The loan will have a term of five years and an interest rate of 4.75%. It will be secured by a lien on the personal residence of the business owners, and by the company's president maintaining a credit life insurance policy in an amount not less than the loan amount with the City named as loss payee. The loan will also be guaranteed personally by the owners and by a corporate guarantee from Babinski's, Inc. The Small Business Revolving Loan Fund Committee favorably recommends the loan. 451 SOUTH STATE STREET. ROOM 404. SALT LAKE CITY. UTAH 841 1 TELEPHONE SO, 335 6::C0 FAX 9D i-53S-6005 RESOLUTION NO. OF 2002 AUTHORIZING A LOAN FROM SALT LAKE CITY'S SMALL BUSINESS REVOLVING LOAN FUND TO BABINSKI'S, INC. WHEREAS, Salt Lake City has a Small Business Revolving Loan Fund to encourage private investment and promote economic development within the City; and WHEREAS. Babinski's, Inc. is an established business that has been located in the Foothill Shopping Center since 1998; and WHEREAS, Babinski's is planning to increase the size of its store by expanding into adjoining available space, acquiring additional inventory, initiating a direct mail campaign, and improving its web site; and WHEREAS, Babinski's has applied to the City for a small business loan to accommodate the above purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve a$58,000 loan from Salt Lake City's Small Business Revolving Loan Fund to Babinski's, Inc. to be used for build-out costs, inventory, a direct mail campaign, and web site improvements. 2. The loan will be made in accordance with terms and conditions to be set forth in legal documents to be approved by the City Attorney's Office which shall include a term of five years with an interest rate of 4.75%, fixed for the term of the loan. The loan will be secured by a lien on the personal residence of the business owners, and by the company's president maintaining a credit life insurance policy in an amount not less than the loan amount with the City named as loss payee. The loan will also be guaranteed personally by the owners and by a corporate guarantee from Babinski's, Inc. 3. Ross C. Anderson, Mayor of Salt Lake City, Utah, following approval of the City Attorney, is hereby authorized to execute the requisite loan documents on behalf of Salt Lake City Corporation and to act in accordance with their terms. Passed by the City Council of Salt Lake City, Utah, this day of , 2002. SALT LAKE CITY COUNCIL By: APPROVED AS TO FORM CHAIR Salt lake GI Attorneys Office Date 3 /8 Z ey__ ATTEST: Chief Deputy City Recorder . . .. . 4/18/2002 SALT LAKE CITY DOG PROGRAM 1 FUNDING RECOMMENDATIONS FOR nni YEAR(2002-2003) it Applicant Name Project Description Previous Grants Request Funding Recommendations Protect Name Yost Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 5 District 6 District 7 MilifilthIlftiiiiMMRKNiiiiMPiei:Ni :.:§PieK:igli:K§MiaiMM:K:i:ii:i*NeitiViON:Wii(iiii:::*:::km*::..t:;‘:*1:i:i :::*::::::::::*::::::: - 1 ASSIST Inc Operational support and funds to provide 27th 350,000 350,000 350,000 325,000 350,000 .325..000 350,000 350,000 325,000 325,000 325,000 Emergency Home Repair and emergency home repair to eligible low Income 26th 350,000 Accessibility&Community Design residents.Repairs Include plumbing,heating& 25th 305,000 electrical,leaking roofs.Provide design 24th 305,000 assistance for mobility issues. 23rd 305,000 22nd 305,000 Others 2,497,500 Total 4,417,500 3a Community Development Operational support for nonprofit housing 27th 90,000 60.000 93,000. 70,000 80,000 70,000 70,000 90,000 70,000 70,000 70,000 Corporation program to Implement programs which address 26th 60,000 . . Administration current housing needs. 25th 70,000 24th 70,000 23rd 70,000 22nd 70,000 Others 569,147 Total 999,147 3b C mmunity Development Purchase or rehabilitate properties to provide 27th 100,000 100,000 100,003 0 0 100,000 150,000 0 C rporation tow income housing. Others 0 Property Acquisition Total 100,000 Sc Community Development Acquire&rehabilitate older homes at favorable 27th - 150,000 150,000 0 100,000 100,000 100,000 0 150,000 100,000 100,000 100,000 C rporation prices either through HUD foreclosures or Others 0 Older Home Rehabilitation private sales,and then rehabilitate the homes for Inc Total 150,000 eligible families. 4 Multi-Ethnic Development Operating funds for program that Identifies, '27th 10,000 40,000 10,000 20,000 10,000 20,000 10,000 40,000 10,000 10,000 10,000 Corporation develops and operates housing properties for 26th 5,000 7 Low and Moderate Income Housing very low to moderate Income populations. Others 0 R habilitation Total 15,000 6 LifeCare Operational support of agency that provides 27th 30,000 50,000 50,000 30,000 30,000 30,000 50,000 50,000 30,000 30,000 40,000 Critical Home Repair Project minor home repairs for seniors and disabled 26th 30,000 citizens.Repairs include minor plumbing, 25th 15,000 electrical,replacing furnace filters,etc. 24th 15,000 23rd 15,000 22nd 15,000 Others 66,500 Total 186,503 4/162002 SALT LAKE CITY CDBO PROGRAM FUNDING RECOMMENDATIONS FOR 20TH YEAR(2002-2003) 2 i Applicant Nerve Project Description Previous Grants Request Funding Recommendations Project Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 6 District 6 District 7 6 SL Neighborhood Housing Operational support and funds to provide low- 27th 175,000 175,000 175,000 75,000 75,000 75,000 150,000 175,000 75,000 75,000 75,000 Services Interest loans to people who may not qualify for a 26th 75,000 Revolving Loan Fund traditional bank mortgage.Funds also used for ,25th 75,000 blended mortgages,home Improvement loans 24th 75,000 and a rehabilitation project 23rd 75,000 22nd 75,000 Others 505,000 Total 1,055,000 7 SLC Housing and Neighborhood Funds to be used to assist nonprofit housing 27th 65,000 100,000 100,003 90,000 90,000 90,000 100,000 100,000 90,000 90,000 90,000 Dev lopment entities as match money for new transitional and 26th 100,000 H using Match Fund permanent housing grants. 25th 100,000 24th 100,000 23rd 100,000 22nd 100,000 Others 365,000 Total 930,000 6 SLC Housing and Neighborhood Operational support and funds to provide 27th 600,000 800,000 600,000 550,000 550,000 550,030 600,000 400,000 550,000 550,000 550,000 Development residential home rehabilitation assistance to 26th_ 600,000 Low and Moderate Income Housing bring properties up to code,provide financial 25th 600,030 R habilitation assistance and to construct new homes in target 24th 650,000 areas or for income eligible residents. 23rd 650,000 22nd 650,000 - Others 7,087,965 Total 10,837,995 9 Housing Total 1,655,000 1,475,000 1,280,000 0 1,285,000 1,280,000 1,430,000 1,605,000 1,250,000 1,260,000 1,260,000 . Percent of Total 0 0 0 SDIV/01 0 0 0 0 0 0 0 i i t 1 i ... 4/16/2002 SALT LAKE CITY CDRG PROGRAM 3 FUNDING RECOMMENDATIONS FOR=TN YEAR(2002-2003) 0 Applicant Name Project Description Previous Grants Request Funding Recommendations Project Name Year Amount Amount CDAC Mayor Council District 1 District 2 Districts District 4 District 5 District II District 7 :iigiiii:-OrtlfgEgieftidiftie&SW:MOK:i*ie : imsimoi:Kaimmi*K*K:i.i:i:KaisK:i:K:K:xsi:isi:K*K::::i:i:xsi:xm:Kai*:imisi**i*::Keiti:K;i:K:K:x:§:::K:x*i***K;i:K:K:i:i:i:§:K: iiiiiiiiiiizia,:iiii§gi::::::: ::*: 1&:0:igiii;iiiiSi:iii:Mi:ig:i::iiiiii,..ii*c:iiii§:ii§:i:i:i*i:::Ki*:i:i:i:i.K:i:i*K:i:i*i:K:i 1 Fenwey Avenue Neighborhood Design improvements to private street to 15,000 0 0 0 0 0 Fenwey Avenue located et 635 Include curb,gutter,drainage Improvements South between 1200 and 1238 East and street resurfacing.Carded over from last ,years applications. • • 2 SLC Engineering Design street improvements to include 40,000 0 40,000 40,000 40,000 40,000 40,000 0 1300 South between Montgomery St sidewalk,curb,gutter,drainage 7 and Glendale Ave. Improvements,traffic calming,paricstrip landscapinkand street reconstruction. . . .: iNI.4.4i4AliffliktefrAifINfi.tAillikiitniiii::iiiiiiiiii Offililithi#40.410$0;1.10f#10.40.0#101****IIWiiiiiIiIiii iiiii§Iiiiniingiiiiniiii:i:IiIiiilii.iiiiiiiiiiiiiiiIIiiiig.*.:•i 0 0 0 0 30,000 0 -' ii:::1 :-#040iIiI*IiiieWlieliffitillgglit:IiiiiiiiiMa iliNt'AilIfi***lii..0.110000iiiMiiiMii]i:•.iiiii::i.i: iii'::iiMMigiiiii:::5:Iiinii', iiiiiiiiMiiiiiini'I'I i::"M?AiNilifiii.•:iiMiiii!Iiiii.iiiii.ii':iiiillliniNiMR i.::ili:Miiiiii:IiiiiiiiiIIiI:Iiii:II.IIIIiIi'..Iiii!§i::I!IIIiIiI:iiIi!liiiigiinaniii.ill ::'•.iiiiit•iii.','I;]i M.Ii:-.Eiiii:M.Mi.:III'::::::::::::.M 4 Strong Court Neighborhood Design Improvements to private street to 12,000 0 0 0 0 0 Strong Court located at 850 East 400 Include curb,gutter,drainage improvements South and street resurfacing.Carded over from last year's applications. 6 Utahna Neighborhood Design improvements to street to include 30,000 30,000 0 30,000 30,000 30,000 30,000 30,000 0 Utahna Drive,Utahna Circle,Emery curb,gutter,drainage improvements and 7 Street south of California Ave. street resurfacing. - 6 Street Design Total 127,000 30,000 40,000 0 70,000 70,000 30,000 30,000 70,000 70,000 0 Percent of Total 0 0 0 SOIV/01 0 0 0 0 0 0 0 - . ,. . - '. , • 4/16/2002 SALT LAKE CITY CIAO PROGRAM 4 FUNDING RECOMMENDATIONS FOR 28TH YEAR I2002-2003) S Applicant Name Project Description Previous Grants Request Funding Recommendations Protect Name Year Amount Amount CDAC Myer Council District 1 District 2 District 3 District 4 District 6 District 6 District 7 ,! 1 SLC Engineering Construct access ramps at street corners In 27th 200,000 200,000 200,000 80,000 200,000 200,000 200,000 200,000 100,000 100,000 100,000 Physical access ramps eligible areas for indivkluals who use 26th 60,000 wheelchairs,walkers,canes,and strollers. 25th 50,000 24th 50,000 23rd 50,000 22nd 40,000 Others 128,720 Total 578,720 • 2 SLC Engineering Construct street Improvements to Include 27th 30,000 535,000 535,000 535,000 535,000 535,000 535,000 200,000 535,030 535,000 535,000 Glendale Street Reconstruction street reconstruction,curb,gutter and 26th 440,000 Phase 2-Montgomery Street sidewalk,parkstrip landscaping,traffic 25th 85,000 between California Ave.and calming and storm drainage improvements. 24th 30,000 Glendale St (271h Year was for design.) (25th&26th Year were for construction.) (24th Year was for design.) Total 585,000 3 SLC Engineering Reconstruct 600 West to Include street 24th 20,000 309,000 308,000 308,000 308,000 308,000 308,000 308,000 308,000 308,000 308,000 600 West between 500 and 600 pavement curb,gutter,sidewalk.parkstrip Others - 0 North(NHS project) landscaping and necessary drainage. (24th Year was for design.) Total 20,000 S Street Construction Total 1,043,000 1,043,000 923,000 0 1,043,000 1,043,000 1,043.000 706.000 943,000 943,000 943,000 Percent of Total 0 0 0 SDIV/01 0 0 0 0 0 0 0 • I 4/16/2002 SALT LAKE CITY COOL PROGRAM 5 FUNDING RECOMMENDATIONS FOR 26TN YEAR(2002-2003) Applicant Name Project Description Previous Grants . Request Funding Recommendations Project Name Year Amount Amount CDAC Mayor Council District I District 2 District S District 4 Metric!5 District I District 7 ...:. �.y y::;•:;{•r••r: .... ::.:.:•.,•.:.::�::,:-,::::�.,,•.:::�.::..,•::::::.:,•.:.::::•.,::::,:,•:.�.::::�:,•:::.,.� ..... .... ,•::.,•::::rr•.�.r:.:�•:{•r:.,:{. x{•rr:•xrr:rr:.r:::;•.}:;a}::;•{..:•.,.�;;••;•;,•;•:•:{•:;•;•:r:�:;;:r;,:.. , t SLC Engineering Replace deteriorated sidewalk and curb and 27th 282,500 400,000 250,000 200,000 116,030 200,000 250,000 250,000 200,000 200,000 200,000 Sidewalk Replacement Program gutter in CDBG eligible areas. 26th 280,000 25th 200,000 24th 200,000 23rd 200,606 22nd 400,000 Others 2,234,000 Total 3,797,106 Sidewalks Total 400,000 250,000 200,000 0 118,030 200,000 r 260,000 250,000 200,000 200,000 200,000 Percent of Total 0 0 0 SDIVd01 0 0 0 0 0 0 0 • ... 4/16/2002 SALT LAKE CITY CDBO PROGRAM 6 FUNDING RECOMMENDATIONS FOR 26TH YEAR(2002-2003) • Applicant Nan* Project Description Previous Grants Request Funding Recommendations ProNot Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 6 District 8 District? :i*::§:• • .,;$3ti:ic3K11:i1:3•;*3i';::::::::::,:::•:•:•:•:,..$4.:•:•:•>:.:•:•:•:,......::::::::::::::::::::::•:.:::::::*i*:::::::*;::::,...,:::•:.:,:.:,::::::::::::.:.: ,L,,,,x.:..........v...x.,:•:,....:-,:•:•:•:•:•:•••••,,,,,,,,...,.....,:•••:•:•:.•••••••••••,,,',.:,,,,:•:.:•:•:•:,,,,.x.:.:•:.:•:•:•:•:•:.,:.x.,,,:.:,,,,,:•:•:•:•:•::::::::::•:•:•:•:•:•:•xi.:14,:•::.v.,..::::;::::::,:;:::x:i*?.i*::::::..,::::::::::::.$:,.f.i::•:::i:::;:i*.:::::::::::::::::: N:KMK, 2 Keith Jensen Grade and contour site for improvements and 27th 45,000 485,000 0 0 0 0 0 0 0 0 Cannon Park improvements-East drainage,Install sprinkler system,curb,gutter side of Jordan River between and sidewalk,paths and lighting, . California and 1700 South landscaping,playground equipment and pavilions. Grading&fill-$25,000 Irrigation system-6150,000 Landscaping-6100,000 Lighting-$40,000 Concrete curb,gutter,walkways-$40,000 Playground-650,000 Picnic pavilion-$80,000 3 Riverpark Community Garden Improvements to partway including canoe 27th 10,000 10,000 0 10,000 0 10,000 10,000 10,000 10,000 10,000 Neighborhood ramp,grading and landscaping. Warps&Community Garden- Plants-$3,000 Jordan River Parkway between 500 Materials for ramp&fill-$4,000 and 600 South Equipment rental-$3,000 - . . 4 SLC Engineering Master plan the park to Include the swimming 400,000 0 330,000 330,000 370,000 330,000 330,000 360,000 360,000 370,000 Fairmont Park plan and pool and proposed skate park,relocation of 7 . . . construction tennis and volleyball courts and increase parking.Construct skate pa& Master plan-$30,000 Engineering and Design-$40,000 - Skate park construction-$330,000, 6 SLC Engineering Resurface 4 of 8 tennis courts and replace 68,000 0 0 0 0 0 GI ndale Park tennis court lights on 2 courts. Improvements Construction-$53,000 Engineering&design-65,003 6 SLC Engineering Improve existing pavilion. 73,000 0 0 0 0 0 ; i Jordan Park pavilion Construction-$64,030 Engineering&design-$6,000 I Construction contingency-63,000 8 SLC Engineering Remodel existing residential structure for Arts 76,000 0 0 0 0 0 iJordan Park residence house in the Park program. 1. remodel Construction-$68,030 I Engineering&design-$7,000 I 1 i : 4/16/2002 SALT LAKE CITY CDBG PROGRAM 7 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-20031 IP Applicant Name Project Description Previous Grants Request Funding Recommendations j Project Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 6 District 6 District 7 S SLC Engineering Replace restroom,rebuild parking lot,regrade 600,000 0 0 0 0 0 Jordan River Park improvements play fields,add new soccer field and irrigation system. Restroom-$125,000 Soccer field-$100,:000 Irrigation system-$130,000 Parking lot-$100,000 Engineering&design-$45,000 10 SLC Engineering Upgrade existing pavilion,remove fireplace and 70,000 0 0 0 0 reroof. 0 Poplar Grove Park pavilion Construction-$64,000 Engineering&design-$6,000 11 SLC Engineering Provide new sidewalk on the east side of 150,000 150,000 150,000 150,000 150,000 150,000 5,000 150,000 150,000 150,000 Riverside Drive Streetacape-700 Riverside Drive connecting to existing bridge North to 1050 North on the east side over Jordan River.Provide grading and of Riverside Drive between the erosion control,landscape and irrigation Jordan River and existing curb& system. • gutter. Construction-$145,000 Engineering&design-$5,000 12 SLC Engineering Provide new parking lot on north side of park 43,000 0 0 0 0 0 0 0 Riverside Park parking lot adjacent to improved tennis courts,landscape ? and revise irrigation system. Construction-$40,000 Engineering&design-$3,000 . - - - 13 SLC Engineering Remove and replace playground facility and 140,000 0 140,000 140,000 140,000 130,000 13,000 140,000 140,000 Riverside Park playground surrounding surfaces. 7 Construction-$127,000 Engineering&design-$13,000 14 SLC Engineering Replace hedges with sod and replace chain 22,000 0 0 0 0 0 Roberta LaConla parking lot link fence with block wail. improvements Construction-$20,000 Engineering&design-$2,000. 16 SLC Engineering Remove and replace playground facility and 91,000 91,000 91,000 91,000 91,000 91,000 8,000 91,000 91,000 91,000 Sherwood Park playground surrounding surfaces. Construction-$83,000 Engineering 9&design n-$8000 g :: • ..:••••:•••• i4;:;;:le•:^'•••••�••••••s;f::; F:` . g f 240,000 22,000 22,000 22,000 0 22,000 22,000 22,000 22,00( :�:;xV,TM'�.:....... ....�,..,.,.,,.•:f.'l,.•::}?.{�r;?+/`,+'/.+•�fi� '.. • 0.51.1, '{;?`:`f/• ::.�;'I,rF.::•::;.:>•`:•FFf�'Sti%:'•:fir'•::` t.::r: .) .�f:t ;�f�G f f• ;f"1/,r+/ /• r•,r�{{��+,-f•.f;t<,:<�:�::t; ::':�$rr:3:%f::� r%;`•,f.•:::: i:{ : .: r. •ff: F.:`ft•,.;!'4 •+` rrfg. rf+i/f• / f f;.}•::'fr:•:•:••:>• %� •:�'`.. /� +:r`` .+fir :,,+,tom/ f�; :`•tr�t::::•%'>:dr:•f';:•.': :••,•3:"•,��;•:,••;'F;�F.,. . iiii:%p f/r• ;/."` $100 / ; ff/ff/f :y/.. •tr.Mw:.t}.iir).f{.'::%•0::+::.:: ",'4:.•F::':04:•.S: •�`i.•:.:�/ftif{t•S:.'•.'•: ��%•':'+.•'/f•:•:.+5!�+.�,:,,:::::.�.�`/.•."!:•:''•fi•�•'�;fi.•:S+•`...{•�� • :�;1+cif•:f?� :: ::to:.;�i`�::�:;�;':if: ;:•':%:<5:::'•:�i: 411612002 SALT LAKE CITY CDSG PROGRAM 8 FUNDING RECOMMENDATIONS FOR 26TH YEAR(2002-2003) Applicant Name Project Description Previous Grants Request Funding Recommendations Project Name Year , Amount Amount _ CDAC Mayor Council District/ District 2 District 3 District 4 District 6 District 6 District 7 17 SLC Engineering Replace existing restroom. 120,000 0 0 0 0 0 Warm Springs Park restroom Construction-$110,000 Engineering&design-310,000 16 Parks Total 2,477,000 481,000 743,000 0 733,000 783,000 711,000 371000 773,000 773,000 643,000 Percent of Total 0 0 0 SW VI01 0 0 0 0 0 0 0 . . '- ... 4/1612002 SALT LAKE CITY CDBG PROGRAM 9 FUNDING RECOMMENDATIONS FOR 28TH YEAR(20024003) O Applicant Name Project Description . Previous Grants Request Funding Recommendations Project Name Year Amount Amount CDAC Mayor Council District District 2 District 3 District 4 District 6 District 6 District 7 IIIiiiII,I11PI11113041011,q0M:K:,Kij?,IiiiiIiiiiii:I:K:K::::.:::::::%::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::1:::::::::::::::::::::,:::::::,.::,:,:%::::::::,.i::::.•;::::.:::i::$::::K:i:K:K:K:i:K*.K*K:::::::::::::,,,:::::•,,,:::.:.:::...:::?:::::.*::::i::::::::.:K..i:'..::,:m:i:i..I.I::.:::::i:,...i*K:K:isiff.i:K:K:::,.:,i;:....,,,.:;*;:::::::::::::::::::.:;:,,,,,,,,:::;nm:t_;;:,,,;;;,:.:•:,;;:.I . ,:::.:::.:.:.:2•.,,,,.,:i.::::::::::,.,:tx.:::::;,.,:;:iI]t.III.Iii,:::::::::;:.;::!;K:K:x:K:::::::?.:*::•,::::::::::::::::::::::::::::::::::::z 1 Adventure Center Tuition for children to attend day care for i.:i3Oooi 0 0 0 0 0 Elevate to Educate infants,preschool and school-age children, also after-school programs. 2 African American Task Force Administrative support for program that 24th 10,000 66,000 0 0 0 0 0 Byrd House-Beat the Street teaches youth life,social,educational skills. 23rd 10,000 22nd 10,000. Others 20,000 Total 50,000 S Asian Association of Utah Administrative and staff support for program 27th 15,000 20,000 10,000 0 0 0 0 Refugee Counseling Service that provides IndMdual and family Others 0 ? counseling In native languages for mental health,substance abuse and domestic violence. Total 15,090 4 Boys 8.Girls Club Salaries 8.benefits for van driver and 30,898 0 0 0 30,896 30,896 0 Transportation Sensation at Poplar purchase of 15 passenger van for program Grove which transports youth members to Boys 8 Girls Club. Van driver wages 8,benefits-33,896 15 passenger van-327,030 6 Boys&Girls Club Salaries and benefits for program that 27th 25,000 32.410 15,000 20,000 15,000 20,000 20,000 15,000 32,416 32,416 20,000 Youth With a Voice teaches life and social skills,provides 26th 0 recreational opportunities and leadership 25th 30,000 skills for at-risk youth,at 3 facilities at 460 S 24th 43,000 Concord,968 E Sugamiont Dr.,and 567 W. 23rd 43,000 300 North. 22nd 43,000 Others 159,000 Total 343,000 • 8 Boys&Girls Club Salaries and benefits for after-school program 27th 34,000 34,000 34,000 34,000 34,000 34,000 34,000 34,000 34,000 34,000 34,000 Capitol West Club that provides core Club activities to area youth 26th 34,000 who are low income at-rlsk children. 25th 34,000 24th 34,000 23rd 34,000 22nd 34,000 • Others 542,000 Total 746,090 •. 7 Cath lie Community Services Salaries,benefits 8 maintenance for program 27th 45,000 86,1171 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 Welgand Resource Center that provides day shelter for homeless. 26th 50,000 Includes showers,lockers,personal hygiene items,mail/message/phone service,health referrals. Total 95,000 • 4/16/2002 SALT LAKE CITY CDISO PROGRAM 10 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-2003) hT Applicant Name Project Description Previous Grants Request Funding Recommendations Project Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 5 District 8 District 7 s Chlldren's Museum of Utah Salaries,operating expenses&supplies for 26th 7,500 7,500 0 0 0 0 0 Parent Enrichment Series program that teaches parents how to be proactive in their children's cognitive, emotional,social and physical development (26th Year was for admission program) Total 7,500 9 C mmunity Health Centers Salaries,benefits,operating a penes&prof. 27th 85,000 150,000 90,600 85,000 90,000 85,000 90,000 90,600 85,000 85,000 85,000 Primary medical and dental care services for program that provides medical 26th 90,000 and dental care to uninsured and low-income 25th 10,000 persons. Total 185,000 10 Crossroads Urban Center Partial salary for director of program that 27th 12,000 14,000 14,000 14,000 14,000 14,000 14,000 14,000 14,000 14,000 14,000 Emergency Food Pantry provkles food,counseling and emergency 26th 12,000 funds to low-Income and homeless persons. 25th 10,000 24th 10,000 23rd 60,000 22nd 60,000 Others 87,000 Total 251,000 11 Family Support Center Partial salaries for houseparents for program 27th - 5,000 10,000 5,000 5,000 5,000 5,000 5,000 10,000 5,000 5,000 5,000 Family Support Crisis Nursery which provides crisis nursery services to 26th 0 children who are at risk for abuse. 25th 5,000 24th 5,000 23rd 5,000 22nd 5,000 Others 10,000 Total 35,000 12 First Step House Salary for data clerk,computer equip., 27th dna 35,230 15,000 5,000 5,000 5,000 5,000 15,000 5,000 5,000 5,000 Administrative assistance supplies,consultant programmer for program 26th 3,500 which provides substance abuse treatment 25th 16,500 services,both residential and outpatient. 22nd 25,000 Others 92,000 Total 137,000 13 Guadalupe Center Partial salary of director,operating expenses, 27th 42,000 44,000 42,000 40,000 40,000 40,000 40,000 42,000 40,000 40,000 40,000 Educational Programs and partial funding for laptop computers and 26th 40,075 Early Learning Center Preschool van for program that provides pre-school 25th 38,000 Project seMces to low-Income children. 24th 38,075 23rd 20,000 22nd 20,000 Others 40,000 Total 238,150 4116/2002 SALT LAKE CITY COSO PROGRAM 11 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-2003) E Applicant Name Project Description Previous Grants Request Funding Recommendations i Project Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 6 District 9 District 7 14 LNsCars Salaries,bldg.materials&office expenses 27th dna • 50,000 10,000 0 10,000 0 10,000 0 0 0 1 Security Light and Lock Project for program that provides home safety 26th 0 Information,Inspections and modifications for 25th 30,000 100 to 150 homes. 24th 30,000 (Prior year funds went to SLC Police Dept) 23rd 30,000 22nd 30,000 Others 306,000 Total 426,000 16 Literary Volunteers of Salary for program assistant&operating 27th 5,000 49,109 5,000 10,000 7,500 10,000 5,000 5,000 5,000 5,000 10,000 • America expenses for program that addresses adult 26th 5,000 Adult literacy and ESL literacy and basic ESL programs. Others 49,000 Total 59,000 16 N Ighborhood House Funding for two vans to transport low income 27th 90,000 60,000 0 15,000 0 15,000 0 0 0 Neighborhood House children to child day care and adults to day 22nd 10,000 center. (Previous funding was for building improvements.) Total 100,000 17 Oueleasebougou-Utah Alliance Partial salary,operating expenses and - 13,000 0 0 0 0 Education trunks for 2nd Grade supplies&partial travel for program to provide education in social studies and cultural awareness to 2nd grade students In eligible elementary schools. 19 Our H use(Formerly Homeless Partial salaries 3 operating expenses for 27th 70,000 165,045 15,000 20,000 65,000 70,000 40,000 70,000 70,000 70,000 47,000 Children's Foundation) program which provides child care,education, 26th 10,900 Childcare&Family Education Center case management for children and adults 25th 9,520 from shelters and low-Income areas. 24th 22,294 23rd 12,000 22nd 12,000 Total 136,714 19 People Helping People Operating expenses and workbooks for 27th 15,000 37,999 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 People Helping People program that provides employment mentoring 26th 21,405 to low-Income single parents. Total 36,405 1 20 Prevent Child Abuse Utah Supplies and equipment for child abuse 27th 8,000 22,630 8,000 8,000 8,000 8,000 8,000 22,530 8,000 8,000 8,000 Child Abuse Prevention prevention curriculum taught in 26th 16,400 { eligible elementary schools. t (Previous funding was for Good Touch/Bad Touch program) Total 24,400 I i 1 i III 471612002 SALT LAKE CITY CDBG PROGRAM 12 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-2003) i Applicant Name Project Description Previous Grants Request Funding Recommendations Protect Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 6 District 6 District 7 21 Rape Recovery Center Partial*stares&operating expenses for 27th 32,000 . 40,150 40,000 30,000 30,000 30,000 40,000 40,150 40,150 32,000 Sexual Assault Crisis intervention program that provides crisis counseling and 26th 18,060 Services services for victims of sexual assault 25th 15,000 24th 15,000 z3rd 15,000 22nd 10,000 Others 40,000 Total 145,060 22 SL C mmunity Action Partial salaries for program which 27th 35,000 37,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 Program assists Si.families to obtain safe and 26th 37,000 Housing Outreach Rental Program affordable rental housing. 25th 37,000 24th 37,000 23rd 37,000 22nd 37,000 Others 337,500 Total 557,500 23 SL C mmunity Action Partial salaries for program which 27th 27,500 27,500 27,500 25,000 27,500 25,000 25,000 27,500 25,000 25,000 25,000 Program provides emergency food supply to low- 26th 27,500 . Northwest Emergency Food Pantry Income resklenb. 25th 24th 27,500 27,500 23rd - 27,500 22nd 27,500 Others 256,200 Total 421,200 24 SL C mmunity Action ,Salares for housing specialist for program 27th 12,500 12,500 12,500 10,000 10,000 10,000 10,000• 12,500 10,000 10,000 10,000 Program which provides home maintenance and 26th 12,500 Tenant Maintenance Project money management training to low-Income 25th 12,500 households. 24th 12,500 23rd 12,500 22nd 12,500 Others 50,000 Total 125,000 1 26 SL Donated Dental Equipment used for program that provides 27th 21,000 39,500 21,000 30,000 21,000 30,000 25,000 30,000 30,000 30,000 30,000 i Dental Services dental care to homeless and uninsured low 26th 15,350 income persons. 25th 17,247 24th 16,000 Total , 69,597 26 SLC HAND Provide gran to eligible Community councils 21st 10,000 18,000 0 9,000 0 10,000 10,000 0 0 0 1 Neighborhood Self-Help Grant for preparing and distributing letters and agendas. Total 10,000 i i • 4/16/2002 SALT LAKE CITY HOME PROGRAM i • FUNDING RECOMMENDATIONS 2002.2003 PREVIOUS REQUESTED RECOMMENDATIONS II OROANIZAMON DESCRIPTION AMOUNT YEAR AMOUNT HTFAB MAYOR COUNCIL District 1 District 2 , District 3 District 4 District 5 Dietrich District 7 1 Neighborhood Housing Funding to target and acquire boarded end 175,000 01/02 - 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150.000 S•rvlas vacant properties h 5 neighborhood areas and 200,000 00401 develop them into affordable housing for 181,350 99A0 622 West 500 North first lime home dryers earning 80%of the median 165,000 9899 income or below. 156,750 9798 150,030 96)97 145,003 9596 135,000 9495 2 Neighborhood Housing Fuming to target and acquire boarded and 202,500 01A2 210,000 128,600 198,600 198,600 198,600 198,600 128,600 198,600 198,600 198,600 Services vacant properties in FairPark area end rehab or 00A1 p ... .. - CHDO application develop them into affordable housing for 99A0 622 West 500 North first lime home buyers earning 80%of the meden 9899 Inane or below. 9798 96/97 3a SL Community Development Provides a loan/g ant for 40lowmmwd first time hone 75,000 01/02 100,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Corporation buyers for down payment assistance or dosing costs. 50,000 00/01 if buyer resides In home for 15 years,the fining 50,000 99/00 501 East 1700 South becomes a dan t of erwlse,the owner repays the 50.000_98/99 $2500 at the time of tie sale. 50,000 97/98 68,000 9697 150,000 9596 --- -- 180,000 9495 _ .. . - 3b SL Community Development Fuming to construct new single family detached homes 192,500 01/02 200,000 103,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Corporation for love-Imam families on scattered,In-Ill sites.Funds 100,000 00A1 hi enable the CDC to build up to far homes et 100,000 99/0 - ...- - 501 East 1700 South any one time,and as projects are completed,funds 9899 sal be retrmed to the City to be used for addtonel 9798 projects or other purposes. 9697 95/96 9495 4 Utah Nonprofit Corporation Firing for renovation of the interim and exterior of 150,000 150,000 150,000 150,000 150,000 150,003 150,000 150,000 150,000 150,003 CHDO application Jacob Apartments,which provides transitional housing. 756 South 200 East,Suite A Salt Lake City,UT 841111-3840 416/2002 SALT LAKE CITY HOME PROGRAM 2 FUNDING RECOMMENDATIONS 2002.2003 PREVIOUS REQUESTED RECOMMENDATIONS 6 ORGANIZATION DESCRIPTION AMOUNT YEAR AMOUNT HTFAB MAYOR COUNCIL District 1 District 2 District 3 District 4 District 5 District S District 7 5 SLC Housing& Faxing for home owner rehobilta6on,First Time 570,000 0192 570,000 570,000 570,000 570,000 570,000 570,000 570,000 570,000 670,000 570,000 Neighborhood Development Home Buyer Assistance,and Firandal SeMees 508,550 00,01 451 S.State Street,Room 404 programs 508,550 99A0 SLC,UT 84111 563,000 98199 563,000 97198 562,472 9697 510,200 9596 548,434 9495 6 Family Support Center Fudrg for sr,pOrtve co-housing fedity located In 50,000 9990 100,003 70,000 0 0 0 0 0 0 0 Midvale,Mich MI provide suppertve seMces-job 9 traMng,memairg,parenting and home management m W.Center dosses. Midvale,UT 84047 7 Administration Costs Funding to e6Nrtster the HOME program 135,000 01A2 135,400 135,400 135,400 135,400 135,400 135,400 135,400 135,400 135,400 135,400 (10%of total HOME*location). 121,600 00N1 SLC HAND 120,900 99/00 451 S.State,Room 406 112,200 9899 SLC,UT 84111 104,500 97198 103,508 96/97 - - 104,800 9596 -... 97,400 94/95 - - TOTALS 1,615,400 1,354,000 1,354,000- 0 1,354,000 1,354,000 1,354,000 1,284,000 1,354,000 1,354,000 1,354,000 CHDO requirement:8203,100 2002-03 allocation 1,354,000 Difference 281,400 7 4/16/2002 SALT LAKE CITY ESG PROGRAM 1 FUNDING RECOMMENDATIONS 2002-2003 PREVIOUS REQUEST RECOMMENDATIONS IP ORGANIZATION DESCRIPTION AMT. YEAR AMOUNT CDAC MAYOR COUNCIL District 1 District 2 District S District 4 District 6 District 6 District 7 1 Salt Lake Community Shelter and Funding for operational support for program that 90,000 01/02 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 Resource Center provides emergency shelter and support*.services 90,000 00/01 to homeless families,women,and men. 88,000 99/00 The Road Home Utilities-'$15,462 94,000 98/99 210 South Rio Grande,Salt Lake City UT Repair/Maintenance-$51,255 90,000 97/98 Operational Expense-$9,667 100,000 96/97 Insurance-213,616 2 Housing Outreach Rental Program Funding for program that provides rental and 18,000 01/02 25,000 18,000 18,000 18,000 18,000 18,000 18,000 18,000 18,000 18,000 mortgage assistance to families to prevent eviction or 21,000 00/01 Salt Lake Community Action Program foreclosure caused by temporary circumstances 24,000 99/00 764 South 200 West beyond their control. 30,000 98/99 Direct client services-225,000 30,000 97/98 27,000 96/97 3 Mariltac House Funding for capital items fora program that provides 5,000 01/02 10,000 10,000 5,000 5,000- 5,000 10,000 0 5,000 5,000 5,000 emergency shelter to homeless women and their 5,000 00/01 Catholic Community Services children. 99/00 2570 W 1700 South Security Cameras-$2,500 98/99 Salt Lake City,UT 84104 Security Bars-$5,000 97/98 Wood Chips 8 Gravel-$1,000 96/97 _ -- Thermostat Covers-$150 --- Furniture-$950 4 St Mary's Home for Men Funding for a program that provides emergency 0 01/02 10,000 10,000 5,000 5,000 5,000 ' 10,000 10,000 5,000 5,000 5,000 shelter,case management, and group therapy to 5,000 00/01 1206 West 200 South adult men who have chronic substance abuse 0 99/00 j Catholic Community Services problems. 98/99 - 2570 W 1700 South Maintenance-$4,000 97/98 Salt Lake City,UT 84104 Utilities-$6,000 96/97 • 5 Saf Haven Funding for operations of program that provides 17,600 01/02 30,000 18,000 23,000 23,000 23,000 18,000 18,000 23,000 23,000 23,000 services,shelter and transitional housing for 22,600 00/01 550 W 700 S homeless and mentally ill indNiduals. 24,000 99/00 Valley Mental Health Maintenance&supplies-230,000 30,030 98/99 5965 South 900 East 8240 97/98 96/97 6 Residential Self-Sufficiency Funding for program which provides transitional 25,000 01/02 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 Program housing to low-income women in transition from 16,000 00/01 homelessness or who are at risk of becoming 16,000 99/00 YVVCA homeless. 20,000 98/99 322 East 300 South Case Management-$18,000 97/98 Utilities-$7,000 96/97 7 SL Interfaith Hospitality Network Funding for program that provides shelter,food and 01/02 15,000 0 5,000 5,000 5,000 5,000 0 5,000 5,000 5,000 assistance for homeless families. 5,000 00/01 802 West 800 South Salaries&wages-215,000 4,800 99/00 Salt Lake City,UT 84165-1188 6.000 98/99 97/98 96/97 • TOTAL GRANT REQUESTS 206,000 171.000 171,000 0 171,000 171,000 176,000 161,000 171.000 171,000 171,000 TOTAL ESG GRANT AVAILABLE 171,000 171,000 171,000 171,000 171,000 171,000 171,000 171.000 171.000 171,000 171,000 DIFFERENCE (34,0001 0 0 171,000 0 0 (5.000) 10,000 0 0 0 4/162002 SALT LAKE CITY HOPWA PROGRAM 1 FUNDING RECOMMENDATIONS 2002 4003 • ORGANIZATION DESCRIPTION PRIOR REQUEST RECOMMENDATIONS _ AMOUNTS YEAR AMOUNT 1 Y/ND TITTLE. MAYOR COUNCIL Diethyl District 2 Dia11a 3 District 4 District 6 District 6 OWkt 7 1 housing Authority of Silt Lilt. Folding for housing assistance for 35 116,000 01/02 184,703 117,000 112,030 117,000 117.000 117,000 117,003 117,000 117.000 117,000 117.000 City famp.MMNduals That an I914 or persons "79,000 00101 1776 SOUK West TergnM Nig aSh AIDS,end administration. "79,000 99100 Salt Lake City,UT 84115 "Tvdng from Sate of Utah 274,000 Total 2 Salt Lake Connaxdty Action Funding for sthort4srm regal and mortgage 180,000 0102 215,000 144,000 150,000 149,500 149,500 149,503 150,000 144,000 149,500 149,500 149,500 Program meddles,non-refundable deposits,snsrgen cy "130,900 00/01 HIV/AIDS Shad Term Housing utility payments,placement kto permanent "21,400 99/00 . 784 South 200 West housing end support maims for up to 150 Salt Lake City,UT 84101 people,and ebninistra8on. "Fusing from State of Utah 312,300 Total 3 Ogden Area Community Action Funding for mattered site transitional housing 0 01/02 122,324 0 0 0 0 0 0 0 0 0 Program for 30 households In Dads&Weber Cantles, 0 00/01 3159 Grant Avenue and administration. 0 99A10 Ogden,UT 84401 0 Total 4 Utah Norprolit Housing Corp Funding for proled based rental Waddles "14,000 01/02 17,500 17,500 17,500 17,500 17,500 17,500 17,500 17,500 17,500 17,500 17,500 Robert Wiley Apartments for 4 units of HN/AIDS housing for 12 mos. "14,000 00/01 - - 547 South 400 East "Hes received funding through HASLC for "14,000 99/00 Salt Lake City,UT 84111 pad two years In the amount 0f 14,000 each year vAtt funding from the Sate since It was buil in 1996. 42,000 Total 5 Utah AIDS Foundation Administration and supportive services for 150 10,000 01/02 75,010 0 0 10,000 10,000 10,000 10,000 0 10,000 10,000 10,000 persons sing with HIYMIDS to Improve the 0 00/01 1408 South 1100 East housing stability and access to the HOPWA 0 99/00 Salt Lake City,UT 84105 program undoes. 10,000 Total III 4/16/2002 SALT LAKE CITY HOPWA PROGRAM 2 FUNDING RECOMMENDATIONS 2002.2005 I ORGANIZATION DESCRIPTION PRIOR REQUEST RECOMMENOA11010 AMOUNTS YEAR AMOUNT ISV/AID ENTITLE MAYOR COUNCIL District 1 District 2 District S Pallid 4 Dhxrlot 5 District 8 OMlbt 7 6 Ogden Housing Authority Fuming for housing assistance for 10 32,000 01/02 53.157 33,000' 35,000 40,000 40,000 40,000 35,000 33,000 40,000 40,000 40,000 2061 Washington Blvd.S2 famlleserdviduals that are HIV.cc persons 0.00A1 Ogden,Utah 84401 living with AIDS,and administration. 0 90d00 32,000 Total - 7 Davis Cornty Housing Fundng for housing esabeanc.for 12-15 24,000 01/02 80,000 26,500 20.500 40,000 40,000 40,000 30,000 26.500 40,000 40,000 40,000 Authority fani10etndWduals that are MN.or parsons 0 00/01 352 South 200 West,Side 81 living Wth AIDS,and administration. 0 00/00 Farmington,Uah 84025 24,000 Total 8 Catholic Community Services Fudng for short tam housing assistance, 24,000 01/02 80,000 35,000 29,000 40,000 40,003 40,000 35,000 35,000 40,000 40,000 40,000 2570 West 1700 South ardor utility assistance for 30 dams In "17,500 00/01 Sal Lake City,UT 84104 Davis and Weber coddles,and admlrstratlan. Funding from State of Utah for 2 years . - 71,500 Total 9 Neryon Consulting Funding to act as Housing Coerdralar for "15,000 01/02 7,000 7,000 7.000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 P.O.Box 193 .1 HOPWA activities In the Sat Lake,Davis "14,600 00/01 - - Orem,Utah 84059 and Weber county areas. '"Has received finding from the State for the past two years and WI continue oversight , for areas outside our NSA. 29,800 Total T TALS 835,594 380,000 380,000 421,000 0 421,000 421,000 401,500 380,000 421,000 421,000 421,000 AVAILABLE ALLOCATION: 380,000 380,000 380,000 421,000 421,000 421,000 421,000 421,000 421,000 421,000 421,000 421,000 DIFFERENCE: 455,594 0 0 0 421,000 0 0 19,500 41,000 0 0 0 if more money was allocated-comNttees warted Ards spit between the Northern Housing MAMrOlas and CCS Northam Utah.41,000 • lib N 4/16/2002 SALT LAKE CITY COM PROGRAM 18 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-2003) - • ! Applicant Nam* Project Description Previous Grants Request Funding Recommendations Protect Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 6 District 4 District 6 District 6 ' District 7 iii:Y':;:tr•.y::rttr: •rr:•i r•?tr:.r:.rr:•rrr•r•r:•:r•r:•r••r�:r•:tt• •: • ::tr:++?t•:•ra•;•>r:•>::�::a:�::::�:>:�»:trr:•rr:•rr .r:n::tr:?•:t to .+tit.;• � t:•r .., ......:...:....:.:.:..::::::•:r::::::.::•:::::;.:•:.�::t:::;:•:.�::::::::::r•:::::::.•,•.�::.:.:::::.:::.....:::::..•::::..:.�:.�:::::::::::::.. .........::.:::.:•.:•::::.:::.::::.:::•;::.::: :.:. ..... .tor::•::•:or:•»::•:: 1 SLC Planning Conduct a study d the Sugamouse area for . 43,000 0 25,000 0 25,000 25,000 25,000 0 Sugamouss Community study for nomination to the National Register of Historic National Register Districts. ' :..; . ... ...:..... ..... .. .. ........ ... ........ ................ ....... ......................... .: :: r offilii F • :;:+•w?rfw:;f;f/. 1: y0, r,•y.',?iiiii ieili::'!::'4 45,000 30,000 30,000 30,000 30,000 0 0 37,500 + Ff.:. r4,,o-:i� y.,'iNMi �Si l/u��pp:��f,.F,/r+v!•:;i;{:Siff:•,::j:.'Fii,'6::;ii.iii:,:iiiiii:;: iiiiZi is .fl. F::,++';%' v/'•'f:•::.rl�i., :>�??•......... � ` ..�:NN�lNEC•:•r;r{., �?�;F:{4:�i;+�?:.;:}•+•:r'Y v;'r:?•f•,'::`nt•. •r.!fi e•rt',..•S7.•','F ;.`;.;. !'Y .t i:•::rriggi. :r, .:... .••rty••:no:?o:o....•.•r+r••:�r;.r•yrr:,FEiii, ..:•... . .....:.^..r:...:..�•::......r..::•:::::(�f: .#lIt191tOJgi• .::.:::....:::::::: :' ::•ir• ...:.....:....................::::.:... 3 SLC Planning Conduct a study to review the feasibility of 86,000 0 0 0 0 Wasatch Plunge community renovating the Wasatch Plunge building for i recreation center feasibility study use as community recreation center. • - - - -• 4 SLC Planning Conduct a study to review the Infrastructure 26,000 25,000 0 25,000 0 0 Rose Park commercial node Improvements to the commercial node at 900 ? Infrastructure improvements-900 West and 1000 North such as bus stops, West approximately between 1000 sidewalks,crosswalks,street lighting, North and 900 North signage,street trees and landscaping,etc. _ •:. . ..:.:........:::.r .�.Fii i, ... - 30 000 0 0 30,003 0 ':�N,lifalkWlq:�Atd�tIR7Rtii:?•iii:�iii:.r....... .??. tt:f4F.ffMf1. :EKFii �:��E�#`• E•#i': '•i�E •E�E'•E3:-:`<E'i`:%Es:%. FAO? t:::.r:-�',>�aNerMtto»a!: ' �• .: '.�..Ir..... .....:'+'�::'.:.:... .: •r:•r:;;::.rrr::>:i #::i>:::•:•r:•rr:•r:i•r:•:i•:•:•; •::v::..,?•r::.:•r:!:•r:+•r::;a:�`: 3iCR'6114:�itii?:�i:�E:;:i�:;:i;::.r:;: = <u::• ..................:.....�:::::.......r..:•::::::::::::::::::::::i. :::::::::::::::.�:::::::•::::•::::::•r::: ii:�:'c?�i .:;r:;?•i i iiii:;�•r-•rr;��i ia:ri i;^'i :•'1Yk(YtrE 1Hdtl: :;;••'::ii:ri:;>.'•:F:i?�i8lU11dOtllE:lgf : :.i i:i ii:•i::r:•:iii=i:..:::::i:::::r::i:i::::ii i:i::i:i:i :.::::ii::i::ii:•ii:: ::�:i:r..::::.:........ .. .:.:....•......:::: :.::..::•:::.r:x:•rr::•:•rr;::... ::::r:... .....:........ ..... ...•.....:.;• ....... .:::•.�::::...:.:....::::::::`:`i:i::i is::i:.::i^::•3i?•'r.:iii::>::ii: :••:.�� :#':f0A14•r:•:•r:r:•r:ar:•x•. ::�fdr14A�!19k4!�!Sip:�`iktlt4l#1��PI(i?�i:?�i;::iii:i:ii?i;:i? i:.:•:.:r:r;;:•>:�r;;:<«.:�«<.:.;:u.::� ... ....::•..r:•;::••.;f r., r.;. .: +..:.,..,..;:.;:.;.... :. •r:::irir:i•::•r:•r:•r:•r:::aa�isii>ii:ii:!::i::i:•ii::iii::ii:?:.;*::,;r4!Y::,..., ::: >if,:i:..::i;:>;::><si::i?::>E:iiri•:.... .i ¢. .ib.... ik..n.t?+:...>>:::, r::::•;:• .;•r.;::.r:rr;;: :>r: :tt :::. - - - 6 Planning Total 228,000 100,000 66,000 0 56,000 65,000 30,000 30,000 26,000 25,000 37,500 Percent of Total 0 0 0 5DIV/01 0 0 0 0 0 0 0 • • i S 4/16/2002 SALT LAKE CITY COBO PROGRAM 19 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002.2003) ! Applicant Name Project Description Previous Grants Request Funding Recommendations Proloct Name Year Amount Amount CDAC Mayan j Council District 1 District 2 District 3 District 4 District 6 District a District 7 ................ :::::::..:::—:::•:.�:.:•::::.:::::: >:::.:•::::::.:>:.:::::::::.:::: ...:......r•. >: :.:::. :• :•:::::::::::: ..........:•..........:.: ........ ..... .....: ...... .....:. .....:....... t SLC Community a Economic Funding for bens to small business owners 100,000 0 0 0 0 Development for expansion and growth. CDBG Revolving Loan Fund 2 W Meld*Alliance Funding for salaries a administrative support 40,000 0 0 0 0 0 North Temple Corridor Economic for Alliance staff and to develop a distribute Revitalization Plan a Westside Business Directory. Economic Development Total 440,000 0 0 0 0 0 0 0 0 0 0 - - - Percent of Total 0 0 0 gOIWO! 0 0 0 0 0 0 0 N of N • ea 4/16/2002 SALT LAKE CITY -DSO PROGRAM 20 FUNDING RECOMMENDATIONS FOR 28TH YEAR I2002-2003) .. ... I Applicant Mains Project Description Previous Grants Request Funding Recommendations Prolsct Marna Yost Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 6 Districts District 7 ••.=- :::•' ' :z, ,ro?: :::..:o.o:'•::1 :::::: :: •., :•.:::•.:zrm 'oorrrrr.x.rrm:::::::: ::,....,,,dalSEMASSMONMEL....................................... ......................................................................................................... .::: ......................................................................................n....n..............................................................................................a.......u..ri* :r,mmrm 1 Utah Issues Administrative support for a new program that 20,000 0 0 5,000 0 0 Continuum of Care Coordinator would coordinate homeless plans and services throughout the County,and write annual grant ' Gemara]Administration Total 20.000 0 0 0 5,000 0 0 0, 0 0 0 1 City Attorney's Office Funding for functions necessary to 27th 55,432 86,402 55,432 55,432 55,432 55,432 55,432 55,432 55,432 55,432 55,432 administer CDBG grant 26th 55,432 25th 55,432 • 24th 53,300 23rd 53,300 22nd 53,300 Others 383,360 Total 709,556 2 C mmunity Affairs Funding for functions necessary to 27th 41,998 41,008 41,998 41,998 41,998 41,998 41,998 41,998 41,998 41,998 41,9913 administer CDBG grant 26th 41,998 25th 41,998 24th „ 40,695 23rd 40,695 22nd 40,695 • Others 371,090 Total 619,169 . • 3 Environmental Assessments Funding for functions necessary to 27th 55,640 68,840 55,640 55,640 55,640 55,640 55,640- 55,640 55,640 55,640 55,640 administer CDBG grant 26th 55,640 25th 55,640 ,. 24th 53,500 _ . 23rd 53,500 22nd 53,500 • Others 258,800 Total 586,220 4 Finance Funding for functions necessary to 27th 43,680 43,680 43,680 43,680 43,680 43,680 43,680 43,680 43,680 43,680 43,680 administer CDBG grant 26th 43,680 25th 43,680 • 24th 42,000 23rd 42,000 22nd 42,000 Others 266,440 Total 523,480 lie SALT LAKE CITY CDBO PROGRAM 21 4/16l2002 FUNDING RECOMMENDATIONS FOR 211TH YEAR(2002-2003j i Applicant Name Project Description Previous Grants Request Funding Recommendations Project Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 6 District 9 District 7 6 Housing&Neighborhood Funding for functions necessary to 27th 408,345 422,E 422,694 422 69t 422,694 422,694 422,694 422,694 422,694 422 684 422,694 Development administer COBO grant 28th 408,345 25th 408,345 24th 324,500 23rd 324,500 22nd 324,500 Others 2,183,500 Total 4,382,035 9 Office of Neighborhood Services Funding for functions necessary to 27th 49,711 49,711 49,711 49,711 49,711 49,711 49,711 49,711 49,711 49,711 49,711 administer COBO grant 26th 28,398 25th 50,476 24th 49,627 23rd 49,627 22nd 49,627 Others 346,200 Total 623,666 7 Property Management Funding for functions necessary to 27th 48,287 49,297 48,287 48,287 48,287 48,287 48,287 48,287 48,287 48,287 48,287 administer CDBG grant 26th _ 48,287 25th 48,287 24th 46,430 23rd 46,430 22nd 46,430 Others 130,410 Total 414,561 City Administration Total 717,442 717,442 717,442 0 717,442 717,442 717,442 717,442 717,442 717,442 717,442 Total Administration 737,442 717,442 717,442 0 722,442 717,442 717,442 717,442 717,442 717,442 717,442 Percent of Total 0 0 0 401V101 0 0 0 0 0 0 0 Planning&Administration Total 966,442 917,442 772,442 0 777,442 772,442 747,442 747,442 742,442 742,442 754,942 20%Cap 970,900 970,900 970,900 970,900 970,900 970,900 970,900 970,900 970,900 970,900 970,900 Difference 6,358 153,359 199,358 970,900 193,359 199369 223,369 223,369 228,358 221,359 215,958 i • 4/16/2002 SALT LAKE CITY CDSG PROGRAM 22 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-2003) _ . • Applicant Name Project Description Previous Grants Request Funding Recommendations Prolect Nam* Year Amount Amount CDAC Mayor Council District 1 District 2 Districts District 4 District 5 District 6 District? • • ••• 1 SLC Percent for Art Funding to provide enhancements to city 27th 6,000 3.000 3.000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 properties through decorative pavements, 26th 3,000 rulings,sculptures,fountains,and other 25th 3,000 works of art.1%of project costs is allocated to art projects. Percent for Art Total 3,000 3,000 3,000 0 3,000 3,000 3,000 3,000 3.000 3,000 3,000 Percent of Total 0 0 0 001V101 0_ 0_ 0 0 0 0 0 - 1 Coining ncy Funding set aside to cover unanticipated cost 27th 85,907 80,000 80,358 80,358 80,358 80,358 80,39 80,359 80,359 80,359 80,358 overruns on funded projects. 26th 87,608 25th 59,712 Contingency Total 80,000 90,358 80,358 0 90,358 80,368 90,369 80,369 80,369 80,369 90,358 Percent of Total 0 0 0 ODIV/01 0 0 0 0 0 0 0 TOTAL REQUESTED 9,463118 5,017,800 5,017,800 0 5,017,800 5,138.900 6,260,301 4,576,431 4,971,083 4,971,063 4,827,800 ANTICIPATED GRANT AMOUNT 4,854,000 4.964,000 4,854,000 4,864,000 4,854,000 4,854,000 4,864,000 4,854,000 4,954.000 4,854,000 4,864,000 AVAILABLE FOR REALLOCATION 163,900 183,800 163,800 163.800 163.800 163,800 163,900 163,800 163,900 163,900 163,800 _ • TOTAL.FUNDS AVAILABLE 6.017,900 5,017,800 5,017,900 5,017,900 5,017,800 5,017,800 6,017,800 6,017,900 5,017,800 5,017,800 5,017,800 DIFFERENCE (4,603.118) 0 0 5,017,800 0 (121,000) f251,5011 441,369 48,737 48,737 190,000 -• - ; • -- • 4/16/2002 SALT LAKE CITY CDBO PROGRAM 13 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-20031 . C Applicant Name Prefect Description Previous Grants Request Funding Recommendations Protect Name Year Amount Amount . CDAC Mayor Council District 1 District 2 DIs(rict 3 District 4 District 6 District 8 District 7 27 SLC Police Department Partial salaries for specialists for program that 271h 75,000- 79,760 75,000 75,000 75,000 75,000 60,000 75,000 75,000 75,000 75,000 Crime Prevention teaches citizens crime prevention concepts 261 h 74,920 and coordinates programs and police 25th 66,253 services. 24th 66,253 •23rd 66,253 22nd 66,253 Others 805,353 Total 1,220,285 26 SLC Police Department Supplies and equipment for program that 27th 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Mobil N Ighborhood Watch trains and coordinates mobile neighborhood 26th 10,000 watch groups. 25th 10,000 24th 10,000 23rd 10,000 22nd 10,000 Others 38,000 Total 98,000 29 The Road H m (formerly Salaries 8 benefits for from-line staff for 27th 126,000 128,000 126,030 120,000 126,030 120,000 125,000 126,000 120,000 120,000 120,000 Traveler' Aid) program which helps residents gain skills 26th 126,000 Supportive services to become serf sufficient while staying at 25th 126,000 shelter. 24th_ 126,000 ... 23rd 126,000 22nd 126,000 Others 918,000 Total 1,674,000 30 Utah N nproflt Housing Partial salaries for agency that manages 27th 40,000 40,000 40,000 30,000 40,000 30,000 30,000 40,000 30,000 30,000 30,000 C rporatl n affordable and transitional housing units. 26th 40,000 Manag and develop affordable 26th 40,000 housing properties. 24th 40,000 23rd 40,000 22nd 40,000 Others 80,000 I Tel 320,000 1 31 Utah Peace Institute Partial salaries 8 operating expenses for 25,000 0 10,000 7,170 10,000 7,500 15,000 0 0 10,000 1 Young Refugees of Utah for World program which assists refugee youth In - Peace transition to USA,teaches&promote leadership and community outreach. 1 t } } 4116/2002 SALT LAKE CITY CMG PROGRAM 14 FUNDING RECOMMENDATIONS FOR 28TN YEAR(2002-2003 i Applicant Name Protect Description Previous Grants Request Funding Recommendation Protect Name Year Amount Amount COAL Mayor Council District 1 District 2 District 3 District 4 District 5 District 8 District 7 32 Wasatch C mmunity Gardens Partial salary for director for youth program 27th 12,000 15,000 7,500 10,000 7,500 10,000 10,000 12,000 10,000 10,000 7,500 Y uth and Community Gardening that teaches responsibility,respect through 26th 12,000 Programs hands-on gardening experiences and for the 25th 12,000 adult program that provides opportunities for ' 24th 12,000 low-income residents to grow fresh 23rd 12,000 vegetables and herbs. 22nd 12,000 Others 66,000 • Total 138,000 _ 33 YMCA Partial salaries 3.operating expenses for the 27th 10,000 18,000 10,000 15,000 10,000 15,000 10,000 10,000 15,000 15,000 12,500 After-school and Summer program that provides after-school and 26th 33,000 Enrichment Program summer programs for youth living in Total 43,000 homeless shelters. 34 C mmunity Development Partial salaries E operating expenses for 40,000 0 0 0 0 0 C rporatl n program that collects and stores building Affordability Project materials for home construction. 34 Public Services Total _ 1,471,014 728,100 726,000 0 752,670 766,000 728,600 738,130 789,482 789,482 725,000 Percent of Total 0 0 0 SONN1 0 0 0 0 0 0 0 15%Cap on Public Services 728,100 728,100 728,100 728,100 728,100 728,100 728,100 728,100 728,100 728,100 726,100 Difference - (742,014) 0 3,100 728,100 (24,570) (37,900) (400) (8.030) (61,382) (51,382) 3,100 i 1 rI 4/16/2002 SALT LAKE CITY CD130 PROGRAM 15 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-2003) Applicant Rains Project Deeerlption Previous Grants Request Funding Recommendations - Project Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 3 District 4 District 5 District• District? iiiii:iiiiii440000400,40,001tegoi•.:• "and Justice f r all" Funding for telecommunications hardware, 27th 210,000 00,700 0 90,000 0 0 90,000 24,000 0 56.000 Technology enhancements to cable and network for legal advocates that • Community Legal Center provide outreach,education and assistance to low and moderate income indivkluals. Hardware-$29,500 Cable&network-$56,700 Computer switches-34,500 Total 210,000 2 Art pace/Bridges Funding for furnishings for dance studio 25th 250,000 60,000 0 10,000 0 10,000 0 0 0 Institute for Art and Imagination facilities. Dance floor,mirrors,finishings-$25,000 Cupboards,work surfaces,divider-$25,000 25th Year was for infrastructure Improvements Total 250,000 3 Asian Association of Utah Funding for repair and structural anchoring of 23rd 38,000 26,000 0 20,000 0 0 0 20,000 9,000 Parking lot and roof repair roof on building at 1588 S.Major,and develop parking lot on vacant lot at 1600 S Major. Manager salary-$1,000 Construction-$15,000 Rehabilitation-$9,000 Total 38,000 4 Children' Museum of Utah Funding to establish a technology enrichment 22nd 25,000 300,000 0 0 0 0 0 0 0 Teen Enrlchm nt Center center to develop project-based video, photographic,audio,website,radio programs. Building contract-$100,000 Associated costs-$50,000 Technology for center-$150,000 Others 317,250 (Prior funds were for Wastach Plunge bldg.) Total 342,250 6 East C ntral C mmunity Funding to redesign and Install new 59.425 0 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,600 Council landscaping In front of the senior center, 10th East Senior Center Including sprinkler system,sidewalks,and landscaping Improvements low-maintenance plantings. Construction-$4.3,525 •i Engineering&design-$3,500 Demolition-$5,900 Administration-$2,500 Contingency-$4,000 • • 4/16/2002 SALT LAKE CITY CDBG PROGRAM 16 FUNDING RECOMMENDATIONS FOR 26TH YEAR(2002-2003) 0 Applicant Name Project Description Previous Grants Request Funding Recommendations Protect Name Year Amount Amount COAC Mayer Council District 1 District 2 District 3 District 4 District 6 District 9 District 7 6 First Step House Funding for driveway and parking lot 26th 3,500 9,600 0 9,000 0 9,000 0 0 7,500 First Step House transitional renovation for their transitional housing 25th 16,500 h using project 22nd 25,000 Grading,filling&capping-$7,500 Engineering,design,contingency-$2,000 (Prior years funds were for mattresses, Others 92,000 carpet,stairways&other improvements.) Total 137,000 7 Nettie Gregory Community Center Funding for Interior and exterior renovations: 27th 40,000 46,000 0 4,000 4,000 4,000 0 4,000 0 Community Center improvements floor tile,drywall and paint,weather-strip 26th 20,000 ? Install gas water heater,exterior pole lamps, 25th 25,000 replace parking lot Others 9,000 Floor tile in upstairs office-$2,500 Total 94,000 Repair and paint office wall-$500 Weather-strip rear exit doors-$100 New water heater-$500 3 exterior pole lamps-$7,000 Outdoor drinking fountain-$600 • Asphalt parking lot-$25,000 Fees-$3,800 Engineering&design-$3,800 9 Rape Recovery Center Funding for new windows&stucco on their 26th 28,344 35,900 35,800 15,000 35,800 15,000 35,000 15,000 35,800 35,800 15,000 Building improvements 6 building. -- renovation Resurface exterior with stucco-$15,000 _-.._ 26 windows-$20,800 9 Salvation Army Remove old flooring and replace In bathroom •27th 40,000 0,683 8,600 0 0 8,000 8,000 0 0 8,000 R novating bathrooms and shower facilities. 25th 20,885 Remove&replace flooring-$8,683 23rd 10,000 Others 39,755 Total 110,640 11 SLC HAND Funding for grant to nonprofit organizations 27th 7,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Special Contingency Fund when they experience unforeseen emergency ..... repairs to their facilities. Total 7,000 SALT LAKE CITY CDBO PROGRAM 17 4/1t3@002 FUNDING RECOMMENDATIONS FOR 28TH YEAR(2002-2003) I Applicant Name Project Description Previous Grants Request Funding Recommendations Project Name Year Amount Amount CDAC Mayor Council District 1 District 2 District 9,. District 4 District 6 District 9 District 7 12 Utah Alcoholism Foundation Funding to renovate kitchen,replace floor 104,200 0 10,000 10,000 0 0 10,000 Women&Children's center- coverings,construct access ramp and kitchen remodel reconfigure bath for ADA 209 Douglas St (1250 E and 200 S) Kitchen-$48,100 Carpet-$2,800 ADA ramp-$6,200 ADA bathroom-$18,000 (untitled)-$10,000 Engineering&design-46,000 Demolition-$4,800 Fees,permits,contingency-$8,300 13 Utah Alcoholism Foundation Funding for new carpet,window coverings 13,960 8,000 8,000 8,000 8,000 8,000 8,000 8,000 House of Hope-carpet,blinds, and driveway repair.1006 E 100 South SLC driveway Carpet-$2,650 Blinds and drapes-$4,674 Driveway repairs-$3,000 Engineering&design-$1,136 Demolition-$2,000 Permits,fees,contingency-4500 14 Utah Food Bank Funding for racks to store and organize food 31,500 31,500 30,000 31,500 30,000 30,000 31,500 30.E Pallet racks warehouse for the Utah Food Bank. 16 Volunteers of America Funding for reconstruction of front and east 27th 103,000 16,892 16,000 15,000 18,000 15,000 15,000 16,000 0 0 15,000 Adult Detoxification Center parking lots,Install 3 awnings,purchase and 26th 64,000 . Install 2 signs and provide landscaping 24th 29,700 around building. 23rd 29,100 Construction-$13,846 Others 24,348 Engineering&design-$3,046 Total 250,148 14 Building Improvement Total 901,660 109,900 271,000 0 167,300 161,000 246,000 139,600 119,900 119,900 2111,600 Percent of Total 0 0 0 9DIVr0I 0 0 0 0 0 0 0 i