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03/05/2002 - Minutes (3) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 5, 2002 The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, March 5, 2002 at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance: Council Members Christensen, Van Turner, Eric Jergensen, Nancy Saxton, Jill Love, Dave Buhler and Dale Lambert. Also in Attendance: Mayor Ross C. "Rocky" Anderson; Rocky Fluhart, Chief Administrative Officer; Jay Magure, Chief of Staff; Cindy Gust-Jenson, City Council Executive Director; Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Michael Sears, Council Budget & Policy Analyst; Russell Weeks, Council Policy Analyst; Roger Cutler, City Attorney; Dan Bergenthal, Transportation Engineer; Mary Johnston, Administrative Enforcement Programs Manager; Rick Graham, Director of Public Services; Greg Davis, Public Services Finance Director; Steve Fawcett, Management Services Deputy Director; Max Peterson, City Engineer; Gaylord Smith, Engineering Project Manager/Consultant; Tim Campbell, Director of Airports; Jodi Howick, Assistant City Attorney; Joseph Moratalla, Airport Contract Payments; Margaret Hunt, Director of Community and Economic Development; David Dobbins, Deputy Director of Community and Economic Development (CED) ; LuAnn Clark, Deputy Director of Housing and Neighborhood Development (HAND) ; Randy Hillier, CIP Admin/Budget & Policy Analyst; and Chris Meeker, Chief Deputy Recorder. Council Chair Buhler presided at and conducted the meeting. The meeting was called to order at 5:32 p.m. #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. RECEIVE AN UPDATE REGARDING ISSUES AT THE 2002 LEGISLATIVE SESSION. Councilmember Saxton said billboard ordinances were an issue. She said amortization of a billboard which blocked building was being discussed. She said retirement funds for Highway Patrol Officers was being discussed. #3. RECEIVE A BRIEFING REGARDING AN INTERLOCAL AGREEMENT WITH THE UTAH DEPARTMENT OF TRANSPORTATION, UTAH TRANSPORTATION AUTHORITY, CITY OF LOGAN AND PARK CITY TO ESTABLISH A UNIFORM CERTIFICATION PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISES. Jodi Howick, Tim Campbell and Gary Mumford briefed the Council. Ms. Howick said this was a uniform certification program for the State which complied with the federal requirement to have firms qualify as disadvantaged business enterprises. She said hiring these firms was a requirement in connection with federal funding through the Department of Transportation. #4. INTERVIEW MARGARET HUNT PRIOR TO CONSIDERATION OF ADVICE AND CONSENT TO HER APPOINTMENT AS COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR. Ms. Hunt said she was looking forward to working in Salt Lake City and addressing the backlog of issues the department had. She said the high priority issue had to do with downtown and westside revitalization. She said she was interested in what the Council's interests were with regard to Community and Economic Development. She said her 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 5, 2002 background in economic development was with Utah Power or Pacificorp for 23 years. She said she had served in the capacity of an industrial development consultant recruiting businesses and a consultant in economic development. Councilmember Christensen asked Ms. Hunt what deficiencies she had seen in government with regard to communities. Ms. Hunt said she had the experience of working with over 300 communities. She said she had observed that constant turnover of elected officials made it difficult for communities to sustain a long- term vision for economic development. She said economic development was 1) a long-term commitment and 2) being able to take advantage of short-term opportunities. She said there should be a balance. #5. RECEIVE A BRIEFING REGARDING A LOAN AGREEMENT BETWEEN SALT LAKE CITY AND COMMUNITY HOUSING SERVICE FOR THE PURCHASE AND REHABILITATION OF THE CAPITOL VILLA APARTMENTS LOCATED AT 238 WEST 600 NORTH. View Attachment LuAnn Clark and Michael Sears briefed the Council. Mr. Sears said Councilmember Christensen had asked him about the involvement of a parcel of property adjoining the Capital Villa Apartments which the Redevelopment Agency owned. Ms. Clark said this loan was a preservation loan renewed on a yearly basis and would be used for purchase and rehabilitation of the apartments. She said Community Housing Services had contacted the owner of the apartments and asked that they keep the rent affordable. She said the average rent was $128 per month and most of the residents were elderly. She said the loan would help accomplish this. Councilmember Christenson said in the future he wanted to read the Housing Trust Board' s minutes to know what types of issues had been raised as the loans were brought to Council. #6. RECEIVE A BRIEFING REGARDING TRAFFIC CODE AMENDMENTS. View Attachment Mary Johnston, Russell Weeks and Dan Bergenthal briefed the Council. Mr. Weeks said he had spoken to an Administrative Law Judge who said all violations involving substantial and serious bodily injury were to be prosecuted civilly. A discussion was held regarding criminal vs. civil prosecution. Mr. Weeks said criminal prosecution meant up to six months on jail sentence. A discussion was held regarding what constituted being a pedestrian in the crosswalk. Mr. Weeks said the discussion had been that vehicles should yield to people who were about to enter the crosswalk instead of yielding to pedestrians in the crosswalk. Councilmember Lambert said he was confused with the definition of an unmarked crosswalk. Mr. Bergenthal said an unmarked crosswalk was at a location where sidewalk extended to the roadway. He said even if no white lines were painted, a crosswalk still existed. He said a crosswalk extended following through the edge of the sidewalk straight across the street. A discussion was held regarding the definition of a crosswalk. Mr. Cutler said the definition of an unmarked crosswalk in the ordinance was the same as State Code. A discussion was held regarding where the definition for unmarked crosswalks should be located in the ordinance. Councilmember Saxton said depending on the type of violation, civil or criminal, the investigation course was different. She said when a life was taken, the violation should be criminal. A discussion was held regarding bifurcation of the system, where a decision could be made as a civil penalty or a criminal matter. Councilmember Jergensen said enforcement and treatment of a victim should be equal. He said an educational component was necessary so citizens were aware of what was going on. Councilmember Saxton said the responsibility was the driver's and the pedestrian had the right-of-way before stepping off of the curb. A decision was made to form a subcommittee with Council Members Love, Saxton and Lambert 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 5, 2002 to study the ordinance. #7. HOLD A DISCUSSION RELATING TO THE COUNCIL SUBCOMMITTEE RECOMMENDATION FOR THE SELECTION OF A FINANCIAL AUDIT FIRM. Councilmember Jergensen and Gary Mumford briefed the Council. Councilmember Jergensen said the recommendation was Deloitte & Touche. He said Mr. Mumford and Mr. Sears reviewed all of the proposals and then used the following basic points to narrow the proposals, 1) first year proposed cost, 2) overall cost, 3) total amount of budget, 4) budgeted hours, and 5) cost per hour budgeted. He said then references were checked and balanced against the detailed point information for a recommendation. Ms. Gust- Jenson asked if the Council wanted to state the expectation that the firm would do work only for the legislative branch unless supported by the Council in the contract. All Council Members were in favor of stating the expectation. #8. RECEIVE A BRIEFING REGARDING BUDGET AMENDMENT NO. 5 AND RELATED RESOLUTIONS. View Attachment Rocky Fluhart, Steve Fawcett, Randy Hillier and Michael Sears briefed the Council. Mr. Fluhart said one of the principal reasons for budget openings was grant revenue. He said the City appropriated grant revenue as grants were awarded. He said budget amendments were also needed when funding circumstances were not anticipated. He said different processes or ways of amending the budget could be explored. Ms. Gust-Jenson referred to Issue 14, HAND Director position. She said the comparison showed the number of employees and executive positions. She said compared to the budget and the number of staff members in other departments the number of executive positions in Community and Economic Development was high. Councilmember Buhler asked if the expenditures at Liberty Park in Issue #1 for the removal of trees were appropriate for the Capital Improvement Project fund. Mr. Hillier said the Refuse Fund funded Urban Forestry. He said Urban Forestry was responsible for trees located in parks within the City. Mr. Graham said Forestry was responsible for the City' s forest, the street trees and the public right-of-way in front of homes. He said as a practice the trimming of trees was done by the Parks Department or with a City project. He said in an emergency situation Forestry would step in and be reimbursed. Mr. Fluhart said the removal of trees was to accommodate a sidewalk being done as a CIP project. A discussion was held regarding removal and loss of trees. Councilmember Buhler asked, with regard to Issue #5, Pioneer Precinct, if remaining project funds would be sufficient to complete the building rehabilitation. Mr. Hillier said the funds would be sufficient. A discussion was held regarding when the soil stabilization problem was found. Mr. Smith said the soils report was delayed due to the Olympics. He said the building was on top of an old riverbed which was composed of soft clays and sandy silts. Councilmember Saxton asked for a list of what had been done, when it had been done and what the concerns were with regard to the Police Precinct Building. All Council Members were in favor of advancing the issue with the understanding that Councilmember Saxton's questions would be answered before the vote. A discussion was held regarding Issue #6, water carryover projects and #7, stormwater carryover projects. Mr. Hooton discussed water reserves, water conservation and the purchase of water. Councilmember Saxton asked Mr. Hooton to be aggressive with a water conservation program. All Council Members were in favor of moving Issues #6 and #7 forward. 02 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, MARCH 5, 2002 A discussion was held regarding Issue #9, Impact fee exemptions. Councilmember Buhler asked Mr. Fluhart if impact fee exemption issues should be taken care of at the end of the fiscal year or all at once. Mr. Fluhart said a recommendation would be forwarded asking that the General Fund reimburse exempt impact fees. All Council Members were in favor of holding the issue for further study. A discussion was held regarding Issue #10, Budget Adjustment full time employee request for Airport Enterprise Fund. Mr. Campbell discussed Federal Security Regulations at Airports since the September 11th bombing. He said the Federal Aviation Administration required certain security staffing to be 24 hours a day, seven days a week. He said the Air National Guard had been used but staffing was now required. A discussion was held regarding Issue #12, Pioneer Park use plan. Councilmember Christensen said he was concerned about having another study of Pioneer Park done. Mr. Graham said a plan of action was needed for consistent and daily activity at the park. Mr. Fawcett said CIP funding was not appropriate for funding. He said funding should be from the general fund. He requested that the change be made. All Council Members were in favor of moving the issue forward except Council Members Saxton and Lambert. A discussion was held regarding Issue #14, Housing and Neighborhood Development Director position reestablishment. Mr. Fluhart said the position was imperative to the function of the department. He said the City had been passive in economic development and now needed to be pro-active with regard to economic development and the development of housing. A decision was made that Ms. Hunt would come back to the Council at a later date with regard to this issue. #9. DISCUSS THE PROPOSED SCHEDULE FOR REVIEW OF THE CDBG, HOPWA, HOME AND ESG RECOMMENDATIONS, AND IDENTIFY INITIAL QUESTIONS FOR STAFF RESEARCH. View Attachment Michael Sears and LuAnn Clark briefed the Council. Mr. Sears gave a brief review of the public hearing and briefing schedule. (See file M 02-1 for the handout) . Mr. Sears said there would be a briefing regarding the City taking over private streets. He said a policy decision was needed. #10. CONSIDER ENTERING INTO AN EXECUTIVE SESSION, IN KEEPING WITH UTAH CODE TO DISCUSS LABOR NEGOTIATION. An Executive Session was not held. The meeting adjourned at 8:50 p.m. cm 02 - 4 SALT LAKE CITY COUNCIL STAFF REPORT DATE: February 25, 2002 SUBJECT: Salt Lake City Housing Trust Fund loan to Community Housing Services, Inc. for the Capitol Villa Apartment project STAFF REPORT BY: Michael Sears, Budget & Policy Analyst CC: Cindy Gust-Jenson, Rocky Fluhart, Jay Magure, David Dobbins, and LuAnn Clark Document Type Budget-Related Facts Policy-Related Facts Miscellaneous Facts Resolution $300,000 loan from the This proposed loan Proposed resolution Housing Trust Fund of supports the Council authorizes a$300,000 Salt Lake City to housing policy included in loan from the City's Community Housing the adopted Community Housing Trust Fund to Services, Inc. to Housing Plan. Community Housing purchase and Services, Inc.Trust rehabilitate the Capitol fund balance is Villa Apartments. approximately $2,200,000.The requested loan terms are 3%for 30 years. The Administration is proposing that the City Council approve a resolution authorizing the Mayor to execute a loan agreement and related loan documents with Community Housing Services, Inc. for a $300,000 loan from the City's Housing Trust Fund. This action would facilitate the purchase of the Capitol Villa Apartments at 238 West 600 North for rehabilitation. All 108 units in the project will continue to be marketed as affordable housing units. OPTIONS AND MOTIONS: 1. ["I move that the Council"j Adopt the resolution as proposed. 2. ["I move that the Council"j Not adopt the resolution. MATTERS AT ISSUE/POTENTIAL QUESTIONS FOR ADMINISTRATION: • This project is leveraged with funds provided by Towle Financial Services and Federal Low-Income Housing Tax Credits. The applicant has also received funding from the Olene Walker Housing Trust Fund in the amount of $300.000. Total purchase and rehabilitation cost for this project is projected to be $6,417,930. - Are all other sources providing funding as anticipated? Is the amount of money allocated for rehabilitation sufficient due to the age of the property? Page 1 ANALYSIS: BACKGROUND: The Capitol Villa Apartments were originally built in 1981 as a project-based Section 8 apartment complex. This status has expired, but an annual renewal has been granted by the U.S. Department of Housing and Urban Development (HUD). Community Housing Services, Inc. intends to acquire this property and market the apartments as affordable housing over the long term (99 years). The Capitol Villa complex has 108 units for the elderly/disabled. All 108 units will continue to be marketed as affordable housing units. The funding application for the project is contained in the Council Transmittal for this resolution request. Page 2 SA LT' C .Y�+ C +R�.PO-°�+,`A�IO= DAVID DD661N5 ROSS C. "ROCKY" ANDERSON DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR COUNCIL TRANSMITTAL TO: Rocky Fluhart, Chief Administrative Officer DATE: February 13, 2002 • FROM: David Dobbins Z`, Z'c(- RE: A resolution authorizing the Mayor to execute a loan agreement between Salt Lake City Corporation and Community Housing Services, Inc., for the purchase and rehabilitation of the Capitol Villa Apartments located at 238 West 600 North, Salt Lake City,Utah. STAFF CONTACT: LuAnn Clark DOCUMENT TYPE: Resolution BUDGET IMPACT: The City will loan$300,000 from the Housing Trust Fund. DISCUSSION: Community Housing Services, Inc., has requested a $300,000 loan from the City's Housing Trust Fund to purchase and rehabilitate the Capitol Villa Apartments, consisting of 108 units for the elderly/disabled located at 238 West 600 North. All 108 units will continue to be marketed as affordable housing units. The loan will be amortized over 30 years at 3% interest per year. The Capitol Villa Apartments were constructed in 1981 under the U. S. Department of Housing and Urban Development Section 8 Housing Assistance Program. Its Section 8 status has expired. However, it has been renewed by the U.S. Department of Housing and Urban Development(HUD) on an annual basis. Community Housing Services, Inc., intends to retain this project as affordable housing over the long term (99 years). The Salt Lake City Community Housing Plan identifies a tremendous need for more affordable housing within the City's boundaries. Preserving these apartments as affordable housing for the long term will help the City accomplish one of its most important housing goals. The funds requested from the Housing Trust Fund will be leveraged with funds provided by Towle Financial Services and Federal Low-Income Housing Tax Credits. The applicant has also received funding from the Olene Walker Housing Trust Fund in the amount of$300,000. It is anticipated the total cost of purchasing and rehabilitating the project will be $6,417,930. The Housing Trust Fund Advisory Board reviewed this proposal and recommended approval on January 23, 2002. 451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: 801-535-6230 FAX: 801-535-6005 RESOLUTION NO. OF 2002 AUTHORIZING A LOAN FROM SALT LAKE CITY'S HOUSING TRUST FUND TO COMMUNITY HOUSING SERVICES, INC. FOR THE CAPITOL VILLA APARTMENT PROJECT WHEREAS, Salt Lake City Corporation (the City) has a Housing Trust Fund to encourage affordable and special needs housing development within the City; and WHEREAS, Community Housing Services, Inc., has applied to the City for a $300,000 loan at 3% over thirty years to purchase the Capitol Villa Apartments located at 238 West 600 North consisting of 108 affordable units for the elderly/disabled. THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby approve Salt Lake City to enter into a loan agreement with Community Housing Services, Inc., for $300,000 at 3% over thirty years from Salt Lake City's Housing Trust Fund. 2. Community Housing Services, Inc., will use the loan to purchase and rehabilitate the Capitol Villa Apartment project located at 238 West 600 North, Salt Lake City, Utah. 3. Ross C. Anderson, Mayor of Salt Lake City, Utah, following approval of the City Attorney, is hereby authorized to execute the requisite loan agreement 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. RESOLUTION NO. OF 2002 SALT LAKE CITY COUNCIL By: CHAIR ATTEST: APPROVED AS TO FORM SALT LAKE CITY ATTORNEY'S OFFICE DATE: yi ce' CHIEF DEPUTY CITY RECORDER BY: It COMMUNITY HOUSING SERVICES INCORPORATED FUNDING APPLICATION SALT LAKE CITY HOUSING TRUST FUND for CAPITOL VILLA APARTMENTS SALT LAKE CITY, UTAH December 27, 2001 °4110N,IIV FUNDING APPLICATION SALT LAKE CITY HOUSING TRUST FUND Cover Sheet Project Name: Capitol Villa Apartments Applicant/Organization: Community Housing Services, Inc. A Utah Non-Profit Corporation Mailing Address: 1059 East 900 South • Salt Lake City, Utah 84105 Contact Person: Philip Carroll / Kenneth Patterson Phone Number: 801-328-1050 Fax Number: 801-328-1082 E-mail: CHSIncorp(cr�aol.com Federal Employee Identification Number 87-0529257 4110 Project Name (if applicable): Capitol Villa Apartments Project Location: 238 West 600 North, Salt Lake City, Utah 84103 Amount Requested: $ 300,000.00 Terms Requested: 30 Years at 3% Please contact Sandi Marler at 535-7269. to answer questions or for assistance to complete this application. The application is typed in Microsoft Word and is available on disc. Project Description Part I 1. Describe the project. Please attach site plan, floor plan, and elevation of your project, if available. Please address how your project will be accessible/visitable. Capitol Villa Apartments is a 108-Unit apartment complex servicing elderly and handicapped/disabled people. The property is a part of the Department of Housing and Urban Development (HUD) Section 8 Housing Assistance Program. All buildings are accessible and five (5) of the apartments meet ADA requirements for access and occupancy by wheelchair residents. Site plan, floor plan and elevation of buildings are attached as Exhibit No. 1. 2. Does the project conform to the City's Master Plan for the area? Please indicate which master plan. Briefly restate the master plan objectives the project will meet. Yes, see attached letter from the Redevelopment Agency of Salt Lake City to the Utah Housing Corporation. Exhibit No. 2 3. What is the property zoned? Capitol Villa is an existing housing complex. Zoning and conditional use approvals were granted by Salt Lake City on August 13, 1979. Occupancy was approved by Salt Lake City on May 7, 1981. A copy of the occupancy permit is enclosed as Exhibit No. 3. 4. How will the community be involved? Please provide a letter of support from the Community Council in the area. See enclosed letter from the Capitol Hill Neighborhood Council, Exhibit No. 4. 5. Who will benefit from this project? Please include income information. Capitol Villa is for elderly and handicapped/disabled people. • 107 of 108 current residents have household incomes less than the Very Low Income classification of 50% of the average median income. • 96 of the 108 current residents have household incomes of less than 30% of average median income. • The average monthly residents rent is $126. See Executive Summary enclosed as Exhibit No. 5. 6. How will the project be accomplished if the Salt Lake City Trust Fund is unable to fund this request? The purchase of Capitol Villa is by a non-profit corporation committed to preserve the property as affordable housing for it's remaining useful life. Without Salt Lake City Trust Funds it will be almost impossible for the non- profit to purchase Capitol Villa. Thus, this elderly housing will not be preserved and will probably not remain as affordable housing. 2 Project Funding Part II 1. Please list the sources of all funds as of the date of the application. If this is a tax credit project, please provide a copy of the tax credit application. Tax Credit Application is enclosed as Exhibit No. 6. Sources of Funding/Construction: Source Amount Equity Tax Credit Equity $2,284,651 1st Mortgage FHA Insured Loan 3,250,000 2"d Mortgage State of Utah 300,000 Other Secured Debts Salt Lake City 300.000 Unsecured Debt Deferred Developer's Fee 283,279 Other Total Sources as of: Estimated at 12/10/2001 $6,417,930 Sources of Funding/Post Construction: Source Amount Equity Tax Credit Equity $2,284,279 1st Mortgage FHA Insured Loan 3,250,000 2"d Mortgage State of Utah 300,000 Other Secured Debts Salt Lake City 300,000 Unsecured Debt Deferred Developer's Fee 283,279 Other Total Sources as of: Estimated at 12/10/2001 $6,417,930 1 a. Ratio of Salt Lake City Trust Funding to total funding: 21:1 (4.67%) 2. Please list the uses of all funds for the proposed project, being as specific as possible. The total of Uses of Funds should equal the total project cost. Uses: Land/Building Acquisition Cost $4,300,000 Rehabilitation/Construction Cost 1,396,902 NE, Permit and other fees 41,000 Other, please specify Developer's Fee 283,279 Financing and Other Expenses 281,749 Reserves 115,000 Total uses as of: Estimated at 12/10/2001 $6,417,930 3 3. What will be the value of the project at the time of completion? $6,417,930 4. Please attach sales or operating projections for the project for the first five years after completion. Please list below the assumptions made to prepare the operating projection. Please show revenue and expense categories in as much detail as possible. See Enclosed Exhibit No. 7. 5. What is the source of repayment of the funds? The rents from the apartments. 6. What type of security is being offered to the City? A lien on the property 7. Please list any other governmental grants, loans, tax credits, licenses, etc., necessary for this project to proceed. Please include if the money has been awarded or where it is in the process. Mortgage - $3,250,000 - Application Pending Salt Lake City - $ 300,000 - Application Pending State OWHTF - $ 300,000 - Approved Tax Credits - $2,284,000 - Approved • 8. Please describe the purchase terms under which the applicant will/has acquire(d) the property. How much of the purchase price will be paid with equity provided by the applicant? By others? See Source and Uses of funds in Part II, 1 and 2 by this application. The $2,284,000 equity will be provided by an investor partner of the new ownership of the property. 9. If an appraisal of the property has been obtained, please attach a copy. See enclosed Appraisal and Rent Comparability Study. 10. Please state the number of years you will maintain this property as affordable. 99 years or for the remaining useful life of the property. U 4111 Applicant Information Part III 1 . Please check each of the following which is true for the Applicant (a) The Applicant is an individual doing business under his/her own name. X (b) The Applicant has the status indicated below and is organized or to be organized under the laws of the State of Utah . A corporation X A nonprofit or charitable institution or corporation A partnership known as or to be known as: A business association or joint venture known as or to be known as: II A Federal, State or local government or instrumentality thereof Individual known as: Social Security Number of Individual: Other (explain): 2. If the Applicant is not an individual or a government agency, give date of organization: 3. Please provide a list of the officers, director or trustees, board of trustees or board of directors, or partners of the applicant's organization. Please refer to Exhibit No. 8. 4. Who will manage the property once it has been acquired? It is our intent to renew the management contract with the current management agent, Sellers Management & Development to minimize any potential negative impact the ownership transition may have on residents. 5 5. Please provide a brief description of your organization. 1110 Please refer to Exhibit No. 9 6. Who will be responsible for this project? Responsibility for overseeance of the property will be shared by the President and Vice President of Community Housing Services, Inc. 7. Please provide examples of experience your organization has with this type of project. Please refer to Exhibit No. 10. 6 Current Ownership Information Part IV , 1. Who is the current owner of the property? Capitol Villa Investments, A Utah Limited Partnership 2. Who is the current manager of the property? Sellers Management & Development Company 3. Please provide a list of the officers, director or trustees, board of trustees or board of directors, or partners of the organization that currently owns the property. General Partner- DBM Community Developers (Brian L. Sellers, M. Tom Shimizu, and Daniel A. Loewen) Limited Partner- Heartland Realty Investors, Inc S Certification I (we) Philip Carroll and Kenneth Patterson certify that this Applicant Disclosure of Ownership and Control is true and correct to the best of my (our) knowledge and belief. Signature Signature - - President Vice-President Title Title 1059 East 900 South 1059 East 900 South Salt Lake City, Utah 84105 Salt Lake City, Utah 84105 Address and Zip Code Address and Zip Code Date: December 20, 2001 Date: December 20, 2001 Eligible Activities for Salt Lake City Housing Trust Funds Part V As set forth in Salt Lake Ordinance 78-00 of 2000, funds are provided to Salt Lake City's Housing Trust Fund to be used exclusively to assist with affordable and special needs housing in the City. Fund moneys may be used for: 1 . Acquisition, leasing, rehabilitation, or new construction of housing units for ownership or rental, including transitional housing; 2. Emergency home repairs; 3. Retrofitting to provide access for persons with disabilities; 4. Down payment and closing cost assistance; 5. Construction and gap financing; 6. Land acquisition for affordable and special needs housing units 7. Technical assistance; 8. Other activities and expenses incurred that directly assist in providing affordable and special needs housing. Fund moneys may not be used for administrative expenses. s • A MEMORANDUM DATE: February 21,2002 TO: City Council Members FROM: Russell Weeks RE: Proposed Amendments to City Traffic Code CC: Cindy Gust-Jenson,Rocky Fluhart,David Dobbins,Tim Harpst, Mary Johnston,Dan Bergenthal OPTIONS • Adopt the proposed ordinance. • Do not adopt the proposed ordinance. • Consider adopting the proposed ordinance with an amendment to section 12.52.355 titled Negligent Operation Causing Personal Injury or Death to include citations issued to drivers involved in accidents that cause"substantial bodily injury"as a Class B misdemeanor instead of as a civil violation. • Consider adopting the proposed ordinance with an amendment to section 12.76.045 to specify that motorists must yield to pedestrians at intersections as well to pedestrians in marked or unmarked crosswalks. City Council Members may wish to read a letter to the City Council from the City Attorney's Office that is included in Council Member packets before considering this option. • Consider requesting that the Administration make amending the Utah Code relating to pedestrians and crosswalks a priority in its legislative efforts and/or urge the Administration to include in its on-going public information efforts the need for pedestrians to yield to automobiles when pedestrians are not in crosswalks. POTENTIAL MOTIONS • I move that the City Council adopt the proposed ordinance. • I move that the City Council not adopt the proposed ordinance. • I move that the City Council adopt the proposed ordinance with the following amendments:That Paragraph B of Section 12.52.355 read: "The operator of any vehicle who negligently fails to yield the right of way as required by any section of this title which failure is the direct proximate cause of substantial bodily injury or serious bodily injury or death by any person,whether such injured or deceased person is a pedestrian or an occupant of a vehicle,shall be deemed guilty of a Class B misdemeanor."That Paragraph C of the same section be omitted. • I move that the City Council adopt the proposed ordinance with the following amendments: That the title of Section 12.76.040 read: "Yielding Right-of-Way at Intersections and Marked or Unmarked.Crosswalks—Driver and Pedestrian Duties."That Subparagraph 1 under Paragraph A,titled"Driver Duties"read: "With regard to 1 intersections and marked or unmarked crosswalks,vehicles shall yield the right-of-way to: (a)(i)pedestrians carrying a brightly colored flag customarily used by pedestrians in the City about to enter intersections or while crossing a street within a crosswalk,and(b) all other pedestrians about to enter intersections or a marked or unmarked crosswalk. (Two things should be noted: (1)Council staff has no law degree,and the City Council may wish to postpone any final adoption of this particular proposed amendment until it can be discussed with the City Attorney's Office.(2)Council Members again may wish to refer to the letter from the City Attorney's Office included in Council Member packets.) ISSUES DISCUSSION/BACKGROUND The Administration and the City Council have dealt with this proposed ordinance for about a year.As the Administration's transmittal letter says,the proposed ordinance is intended to coordinate Salt Lake City's traffic code with state law.The proposed ordinance also makes a number of housekeeping changes to make clear delineations between civil violations and criminal violations and to clarify City ordinances pertaining to drivers' and pedestrians' rights and duties to yield rights-of-way and to pedestrian control devices. There appear to be two main issues involved in the proposed ordinance.The first issue involves Section 12.52.355 titled Negligent Operation Causing Personal Injury or Death. Under the proposed revision a driver found to have negligently failed to yield the right of way to other vehicles or pedestrians and to have caused an accident that results in death or "serious bodily injury ... shall be deemed guilty of a Class B misdemeanor."A driver found to have negligently failed to yield the right of way to other vehicles or pedestrians and found to have caused an accident that results in"substantial bodily injury ... shall be deemed guilty of a civil violation." The issue involves definitions of"serious"and"substantial"bodily injury.The proposed ordinance defines"serious bodily injury"as injuries that create or cause"permanent disfigurement,protracted loss or impairment of the function of any bodily members or organ,or creates a substantial risk of death."The proposed ordinance defines"substantial bodily injury"as injuries that do not amount to serious bodily injury but that create or cause"protracted physical pain,temporary disfigurement,or temporary loss or impairment or the function of any bodily member or organ." A May 25,2001,City Council staff memorandum quoted the City Attorney Office as saying that the decision to split penalties based on the degree of injuries resulting from an accident was based upon discussions among the City Attorney's Office,the City Prosecutor and the Administrative Law Judge.The City Attorney's Office said in May 2001 that final determination of whether penalties should be split between criminal and civil administration remains with the City Council. (Please see attached staff memorandum dated May 25,2001.) The second issue involves rights and duties of motorists and pedestrians.According to the City Attorney's Office, Section 12.76.045 titled Yielding Right-of-Way at Marked or Unmarked Crosswalks—Driver and Pedestrian Duties comports with Utah law on duties of motorists and pedestrians. 2 The Administration has changed the language in the section of the proposed ordinance several times to meet concerns raised by previous City Council Members. (For an earlier version of the language,please see attached May 25,2001,memorandum.)The previous City Council deferred action on the proposed ordinance until City Council Members were satisfied with the language in the section. Council staff has included a potential motion in this memorandum that may be a starting point for continued revision of the section if Council Members are not satisfied with the language in the current proposed ordinance. The main point involving previous City Council Members'views may be summarized by the following language from a document located during City Council staff research on the proposed ordinance: "We still require the pedestrian to be in the intersection or crosswalk in order to require the motorist to yield.This is not pedestrian friendly. ... It's far more pedestrian friendly and appropriate for motorists to yield to pedestrians at an intersection or a crosswalk.Motorists must become more aware of pedestrians,and pedestrian presence on our streets must be given priority ... for us to become the`pedestrian friendly'city we talk about..." A response from the City Attorney's Office to a question relating to this staff memorandum included a reference to Utah Code Section 41-6-16 titled Uniform application of chapter-Effect of local ordinances. The section is part of the Rules and Regulations chapter of the Motor Vehicle Act. The section reads: "The provisions of this chapter are applicable and uniform throughout this state and in all of its political subdivisions and municipalities.A local authority may not enact 411 or enforce any rule or ordinance in conflict with the provisions of this chapter.Local authorities may,however,adopt ordinances consistent with this chapter,and additional traffic ordinances which are not in conflict with this chapter." •« 'A question for the City Council is:Would amending the proposed ordinance to include language requiring motorists to yield to pedestrians who are at intersections but not in crosswalks be in conflict with State law or consistent with State law?Again, Council Members may wish to refer to the letter from the City Attorney's Office included in the City Council packets. OTHER ITEMS The proposed ordinance also would define which traffic violations are prosecuted as criminal violations and which are prosecuted as civil violations.The ordinance also would close a variety of"loopholes"in the existing City traffic code including: • Adding language that says,"It shall not be a defense that there was no apparent observer present to view such speed contest or exhibition,"to Section 12.36.040 titled Speed or Acceleration Contests Prohibited. • Prohibiting the use of more than four headlights or auxiliary lights with beam intensities of more than 300 candle-power. (Section 12.28.090.) • Making it illegal to park parallel more than 12 inches away from the curb of a street.According to the Attorney's Office,the 12-inch restriction is State law. 3 } MEMORANDUM DATE: May 25,2001 TO: City Council Members FROM: Russell Weeks RE: Briefing:Traffic Code Amendments—Administrative Courts Document Type Budget-Related Facts Policy-Related Facts Miscellaneous Facts Ordinance No significant budget The Administrative The proposed impact. Court was established in amendments include December 1999.An housekeeping items to amendment was adopted close loopholes and in May 2000 after a few make a clear delineation months of operation.In between civil violation February 2001 the and criminal violations. Administration sought more amendments to close perceived loopholes in the City • Traffic Code and to make the code consistent with the Utah State Code.The City Council tabled action on the proposed amendments until it was satisfied that the amendments relating to pedestrian safety were addressed to the Council's satisfaction. The City Council held a discussion of the proposed amendments to the Traffic Code at a work session on February 6.During the discussion Council Member Rogan suggested that perhaps the code needed to be strengthened regarding vehicle drivers not yielding to pedestrians at intersectionbwhen drivers are making right turns since that is an area of particular danger for pedestrians. Subsequent to the briefing the Administrative Court indicated that the Traffic Code is probably adequate regarding the requirement to yield to pedestrians at intersections.The City Council on February 13 tabled consideration of the proposed amendments to continue to address pedestrian safety in crosswalks versus vehicles making right turns.The Administration then revised the Traffic Code relating to right turns.The Administration also added other amendments 1 dealing with penalties for injury accidents involving failure to yield rights of way and the operations of the Administrative Court. ISSUES,POTENTIAL QUESTIONS FOR CONSIDERATION There appear to be two issues for City Council consideration at the May 31 briefing: • Do the proposed revisions to the Traffic Code address concerns about pedestrian safety raised by City Council Members? • Should penalties for injury accidents involving failure to yield rights of way be divided into criminal and civil penalties? DISCUSSION The two main proposed changes involve revisions to the Traffic Code pertaining to pedestrian safety in crosswalks and penalties for injury accidents pertaining to failure to yield rights of way. It should be noted that Council Member concerns in the first item centered on requiring motorists to yield the right of way to pedestrians at an intersection or crosswalk.Under the current Traffic Code,pedestrians must be in an intersection or crosswalk before motorists are required to yield. A revised section—12.32.045—titled Meaning of Vehicular Signal Indications—Driver and Pedestrian Duties,appears to require motorists to yield to pedestrians when vehicles are making right turns.(Paragraph Ala).The section also allows pedestrians to cross roadways within any marked or unmarked crosswalk when"facing any green signal indication,except when the signal indication is a turn arrow for a vehicular movement in conflict with the desired path of the pedestrian."(Paragraph Ale). Another proposed revision is a new section—12.76.045—titled Yielding Right of Way at marked or Unmarked Crosswalks—Driver and Pedestrian Duties. The new section reads: "Vehicles shall yield the right-of-way to pedestrians at marked or unmarked crosswalks by slowing or coming to a complete stop and shall not enter said crosswalk when a pedestrian is in the vehicle's travel lane,within an adjoining lane,or is attempting, as shown by clearly discernable signs,lawfully to enter the vehicle's travel lane or adjoining lane.Clearly discernable signs include a pedestrian being in close proximity to the vehicle's travel lane or adjoining land and: a) making eye contact with the approaching driver or making other visual or auditory signs indicating an effort to attract the approaching driver's • attention;or auditory signs indicating an effort to attract the approaching driver's attention;or b) while facing the crosswalk,showing one or more of the following: (i) a brightly colored flag customarily used by pedestrians in the City while crossing a street within a crosswalk; 2 (ii) a white cane or service animal customarily used by pedestrians having visual impairments; (iii) a wheel chair or similar wheeled mechanical,electrical or — motorized vehicle customarily used by pedestrians having mobility impairments;or (iv) signs of impairment or infirmity of any kind,including,but not limited to,infirmity resulting from advanced age." The issue for consideration is whether the proposed amendments address City Council Members'concerns about pedestrian safety. The second key proposed revision involves section 12.52.355 titled Negligent Operation Causing Personal Injury or Death.Under the proposed revision a driver found to have negligently failed to yield the right of way to other vehicles or pedestrians and to have caused an accident that results in death or"serious bodily injury,""shall be deemed guilty of a Class B misdemeanor."A driver found to have negligently failed to yield the right of way to other vehicles or pedestrians and to have caused an accident that results in"substantial bodily injury," "shall'be deemed guilty of a civil violation." The issue involves definitions of"serious"and"substantial"bodily injury.The proposed amendment defines"serious bodily injury"as injuries that create or cause"permanent disfigurement,protracted loss or impairment of the function of any bodily members or organ,or creates a substantial risk of death."The proposed amendment defines"substantial bodily injury" as injuries that to not amount to serious bodily injury that create or cause"protracted physical pain,temporary disfigurement,or temporary loss or impairment or the function of any bodily member or organ." According to the City Attorney Office,the amendment was proposed because of an injury accident that the Salt Lake County District Attorney's Office declined to prosecute.The decision to split penalties based on the degree of injuries resulting from the accident was based on discussions among the City Attorney's Office,the City Prosecutor and the Administrative Law Judge.However,final determination of whether the penalties should be split between criminal and civil penalties remains with the City Council,according to the City Attorney's Office. 3 s 6 u -. 's '�� ai_;C T,YlCo :�P I, Ni REVONA STONER a i` .�wc��wF.� ROSS C. "ROCKY"ANDERSON MINISTRATIVE ENFORCEMENT MANAGER DEPARTMENT OF MANAGEMENT SERVICES MAYOR ADMINISTRATIVE ENFORCEMENT OFFICE COUNCIL TRANSMITTAL 2 TO: Rocky J. lu ATE: December 12, 2001 Chief Administrative Officer FROM: Mary Johnston Administrative Enforcement Division Manager Management Services Department Dan Bergenthal Transportation Engineer Department of Community and Economic Development SUBJECT: Traffic Code Amendments pertaining to the Administrative Court, pedestrian and drivers yielding duties and pedestrian control devices. CONTACT: Mary Johnston,Administrative Enforcement Division Manager Telephone: 535-7173 Dan Bergenthal, Transportation Engineer Telephone: 535-7106 DOCUMENT TYPE: Salt Lake City Ordinance BUDGET IMPACT: Not applicable DISCUSSION: This ordinance amendment coordinates the City's traffic code with Utah Code Annotated, Section 10-3-703.5, makes a number of housekeeping changes to make a clear delineation between civil violations and criminal violations and updates and clarifies city ordinances pertaining to drivers and pedestrians rights and duties to yield right-of-way and pedestrian control devices. There are several instances in the City's traffic code where violations are classified as Class B misdemeanors or there is ambiguity as to what the classification is. Utah Code Annotated, Section 10-3-703.5 (2000) allows the Administrative Court to operate, but limits its jurisdiction to violations that were previously classified lower than a class B misdemeanor(infractions and class C misdemeanors). The proposed changes bring the City traffic code in line with the state 451 SOUTH STATE STREET, ROOM 225, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: BO1-535-6321 FAX: B01-535-6082 Council Transmittal December 12,2001 Page 2 code. Other changes deal with violations as to which there has been confusion whether they — should be handled as civil or criminal violations. As a result of issues addressed by the city's Pedestrian Safety Committee, city ordinances 12.76.020, 12.76.030, and 12.76.040 have been rewritten and combined into a new ordinance, 12.76.045 Yielding Right-of-Way at Marked or Unmarked Crosswalks-Driver and Pedestrian Duties. The new ordinance redefines how drivers yield to pedestrians at crosswalks and provides increased penalties for repeat offenders. Drivers cited for failing to yield to the visibly disabled, elderly and those using orange crossing flags would be required to appear before the Administrative Law Judge and would be subject to substantially increased fines. City ordinances 12.32.030 and 12.32.040 were modified and combined into a new ordinance 12.32.045 Meaning of Vehicular Signal Indications—Driver and Pedestrian Duties. These modifications update the current ordinances to the standards contained in the current edition of the Manual on Uniform Traffic Control Devices (MUTCD 2000.) Work of the Pedestrian Safety Committee has resulted in the preferred use of Pedestrian Countdown Timers in the city. In addition, the use of symbols instead of words in pedestrian signals necessitated changes to city ordinance 12.32.050 Pedestrian"Walk" and"Don't Walk" Signals. The ordinance has been renamed as ordinance 12.32.055 Pedestrian Signal Indications. Changes include updating the ordinance to include references to the Walking Person and Hand symbols and adding a section to allow pedestrians to begin crossing the roadway during the flashing hand phase at locations with countdown timers. RECOMMENDATION: It is requested this Ordinance be placed on the January 8, 2002, Salt Lake City Council Agenda for approval. Attachment A/2-11P" SALT LAKE CITY ORDINANCE No. of 2001 (Traffic code amendments) AN ORDINANCE AMENDING SECTION 1.12.050, SALT LAKE CITY CODE, RELATING TO VIOLATION PENALTIES; AMENDING THE TITLE TO CHAPTER 2.75, SALT LAKE CITY CODE,PERTAINING TO ADMINISTRATIVE ENFORCEMENT PROGRAM; AMENDING SECTION 2.75.050,SALT LAKE CITY CODE, PERTAINING TO HEARING OFFICER; AMENDING SECTION 2.75.060,SALT LAKE CITY CODE, PERTAINING TO CIVIL TRAFFIC VIOLATIONS;AMENDING SECTION 12.04.110, SALT LAKE CITY CODE, PERTAINING TO CROSSWALK;AMENDING SECTION 12.04.120, SALT LAKE CITY CODE,PERTAINING TO CROSSWALK LINE; ENACTING SECTION 12.04.235,SALT LAKE CITY CODE, PERTAINING TO MARKED CROSSWALK; ENACTING SECTION 12.04.595,SALT LAKE CITY CODE, PERTAINING TO UNMARKED CROSSWALK; AMENDING SECTION 12.12.010,SALT LAKE CITY CODE,PERTAINING TO OBEDIENCE TO TRAFFIC CODE; AMENDING SECTION 12.16.060,SALT LAKE CITY CODE, PERTAINING TO COLLISION WITH UNATTENDED PROPERTY; AMENDING SECTION 12.20.030, SALT LAKE CITY CODE, PERTAINING TO MISDEMEANOR CITATION WHEN IMMEDIATE APPEARANCE IS NOT MADE; ENACTING SECTION 12.20.035, SALT LAKE CITY CODE, PERTAINING TO CIVIL VIOLATION CITATIONS; REPEALING SECTION 12.20.040, SALT LAKE CITY CODE, PERTAINING TO VIOLATING PROMISE TO APPEAR; AMENDING SECTION 12.24.012, SALT LAKE CITY CODE, PERTAINING TO VIOLATION OF RESTRICTED LICENSE; AMENDING SECTION 12.24.018, SALT LAKE CITY CODE, PERTAINING TO DRIVING WITHOUT INSURANCE; AMENDING THE TITLE TO SECTION 12.24.115,SALT LAKE CITY CODE, PERTAINING TO CIVIL VIOLATION FOR DRIVING ON A SUSPENDED LICENSE OTHER THAN ALCOHOL OR CONTROLLED SUBSTANCE OR STATE VIOLATION RELATED; AMENDING THE TITLE TO SECTION 12.24.120,SALT LAKE CITY CODE,PERTAINING TO ALCOHOL OR CONTROLLED SUBSTANCE OR STATE VIOLATION FOR DRIVING ON A SUSPENDED LICENSE; AMENDING SECTION 12.28.010,SALT LAKE CITY CODE, PERTAINING TO STATE VEHICLE INSPECTIONS; AMENDING SECTION 12.28.020, SALT LAKE CITY CODE, PERTAINING TO VEHICLE REGISTRATION AND LICENSE PLATES; AMENDING SECTION 12.28.090, SALT LAKE CITY CODE,PERTAINING TO LIGHTS, BRAKES, AND OTHER EQUIPMENT; REPEALING SECTION 12.32.030, SALT LAKE CITY CODE, PERTAINING TO COLOR INDICATIONS FOR SIGNALS-DRIVERS AND PEDESTRIAN DUTIES; REPEALING SECTION 12.32.040,SALT LAKE CITY CODE, PERTAINING TO FLASHING RED OR YELLOW SIGNALS; ENACTING SECTION 12.32.045, PERTAINING TO THE MEANING OF VEHICULAR SIGNAL INDICATIONS- DRIVER AND PEDESTRIAN DUTIES; REPEALING SECTION 12.32.050, SALT LAKE CITY CODE, PERTAINING TO PEDESTRIAN"WALK"AND "DON'T WALK" SIGNALS; ENACTING SECTION 12.32.055, PERTAINING TO PEDESTRIAN SIGNAL INDICATIONS; AMENDING SECTION 12.36.040,SALT LAKE CITY CODE, PERTAINING TO SPEED OR ACCELERATION CONTESTS; AMENDING SECTION 12.44.020, SALT LAKE CITY CODE, PERTAINING TO OVERTAKING AND PASSING VEHICLES PROCEEDING IN SAME DIRECTION; AMENDING SECTION 12.44.130, SALT LAKE CITY CODE, PERTAINING TO TURNING MOVEMENTS AND SIGNAL REQUIREMENTS; ENACTING SECTION 2 12.52.355, SALT LAKE CITY CODE, PERTAINING TO NEGLIGENT OPERATION CAUSING PERSONAL INJURY OR DEATH;REPEALING SECTION 12.56.030,SALT LAKE CITY CODE,PERTAINING TO VEHICLE STATE INSPECTION CERTIFICATES; AMENDING SECTION 12.56.100, SALT LAKE CITY CODE,PERTAINING TO PARKING OPPOSITE TRAFFIC;REPEALING SECTION 12.76.020,SALT LAKE CITY CODE, PERTAINING TO PEDESTRIAN RIGHTS OBEDIENCE TO TRAFFIC CONTROL SIGNALS; REPEALING SECTION 12.76.030, SALT LAKE CITY CODE, PERTAINING TO RIGHT-OF-WAY IN CROSSWALKS VEHICLE REQUIREMENTS; REPEALING SECTION 12.76.040,SALT LAKE CITY CODE, PERTAINING TO VEHICLE STOPPED AT CROSSWALK—PASSING PROHIBITED; AND ENACTING SECTION 12.76.045,SALT LAKE CITY CODE,PERTAINING TO YIELDING RIGHT-OF-WAY AT MARKED OR UNMARKED CROSSWALKS—DRIVER AND PEDESTRIAN DUTIES. Be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. That Section 1.12.050, Salt Lake City Code,pertaining to violation 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 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 misdemeanorl-ef infraction, or civil violation, and shall be punished as follows: 3 A. In the case of a Class B misdemeanor and civil violations under Chapter 2.75,by a fine in any sum not exceeding one thousand dollars or, in the case of a Class B misdemeanor,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 fiftyfivefiftyfi.N=.e-llundfed 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 seven hundred fiftyfive hundred dollars; D. The sentence to pay a fine, when imposed upon a corporation, association or partnership, for a Class B misdemeanor shall be in any sum not exceeding five thousand dollars; E. 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; 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 for those individuals, as well as a separate fine for the business entity. SECTION 2. That the title to Chapter 2.75, Salt Lake City Code,pertaining to administrative enforcement program be, and the same hereby is, amended to read as follows: Chapter 2.75 ADMINISTRATIVE TRAFFIC ENFORCEMENT PROGRAM 4 SECTION 3. That Section 2.75.050,Salt Lake City Code, pertaining to hearing officer be, and the same hereby is, amended to read as follows: 2.75.050 Hearing Officer: A. Duties: Consistent with the policies and procedures promulgated by the AU, the hearing officer may receive 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 AU to carry out the purposes of this Chapter in accordance with justice and equity. B. Accountability: The hearing officer shall serve as the staff for the AU but shall be supervised as an employee under the direction of the City Director of Management Services or his/her designee. C. Exceptions: Regardless of provisions in this Section to the contrary,violations of the following City Code sections shall require a mandatory appearance before the AU 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. 5. Section 12.52.355C. 5 6. Subsection Al(a) of Section 12.76.045. 7. Subsection Al(b) of Section 12.76.045 for a second and for each subsequent violation within one(1)year of a previous conviction or forfeiture of penalty for a violation of said subsection. SECTION 4. That Section 2.75.060,Salt Lake City Code,pertaining to civil traffic violations be, and the same hereby is, amended to read as follows: 2.75.060 Civil Traffic Violations: A. When an officer determines that a violation of Title 12 of this Code has occurred, the officer shall issue an administrative citation 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 continue to be prosecuted in a criminal proceeding: 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 12.24.100 (driving under the influence of drugs or alcohol); 3. Section 12.24.070 (alcoholic beverages in vehicles); 4. Section 12.24.080 (intoxicated person in or about vehicles); 5. Section 12.24.120 (Class B misdemeanor-driving on denied, suspended or revoked license); 6. Section 12.52.350 (reckless driving); 7. Section 12.52.355B (Negligent Operation Causing Serious Bodily Injury or Death); 6 87. When any violation of Title 12 of this Code 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 5. That Section 12.04.110, Salt Lake City Code, pertaining to crosswalk be, and the same hereby is, amended to read as follows: 12.04.110 Crosswalk. "Crosswalk" means la)that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street or highway, measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the sidewalk at right angles to the centerline; (b)-also any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. SECTION 6. That Section 12.04.120,Salt Lake City Code,pertaining to crosswalk line be, and the same hereby is, amended to read as follows: 12.04.120 Crosswalk lines. "Crosswalk lines" means a single white pavement marking lines that identify a crosswalk; not less than six inches in width, painted on a street marking the outlying limits of a pedestrian crossing. SECTION 7. That Section 12.04.235, Salt Lake City Code, pertaining to marked crosswalk be, and the same hereby is, enacted to read as follows: 12.04.235 Marked Crosswalk. 7 "Marked crosswalk"means a crosswalk for which the lateral lines are marked upon the surface of the roadway. SECTION 8. That Section 12.04.595, Salt Lake City Code,pertaining to unmarked crosswalk be, and the same hereby is, enacted to read as follows: 12.04.595 Unmarked Crosswalk. "Unmarked crosswalk"means a crosswalk for which the lateral lines are not marked upon the surface of the roadway. SECTION 9. 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. Violationsactions: Any person guilty of violating any provision of this title shall be deemed guilty of a civil violation under Chapter 2.75an infraction unless such offense is specifically otherwise designated as.a Class B misdemeanor. C. EnhancementMisdemeanef On Third Conviction: Upon a third conviction of any moving violation,whether the same violation or different violations, within the prior twelve (12) 8 month period, such third violation is subject to enhancement equivalent to the fine set forth at Section 1.12.050, or its successors„eeifially designated as a Class B misdemeanor. D. Violation Penalties: A person convicted of a civil violationan 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 10. 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 an in-fr-actiencivil violation under Chapter 2.75. SECTION 11. That Section 12.20.030,Salt Lake City Code,pertaining to misdemeanor citation when immediate appearance is not made be, and the same hereby is, amended to read as follows: 12.20.030 Misdemeanor Citation When Immediate Appearance Is Not Made: 9 A. Upon any Class B misdemeanor violation of this Title, whenever a person is not immediately taken before a magistrate as provided in the preceding Section, the police officer shall prepare in triplicate or more copies, a misdemeanor citation, shall issue one copy of which to the person subject to arrest or prosecution, and shall,within five(5)days, file duplicate copies with the court specified in the citation. B. Each copy of the citation issued under authority of this Title shall contain: 1. The name of the court before which the person is to appear; 2. The name of the person cited; 3. A brief description of the offense charged; 4. The date,time and place at which the offense is alleged to have occurred; 5. The date on which the citation was issued; 6. The name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate; 7. The time and date on or before and after which the person is to appear; 8. The address of the court in which the person is to appear; and 9. A notice containing substantially the following language: READ CAREFULLY This citation is not a complaint and will not be used as a complaint without your consent. If a complaint is filed you will be provided a copy by the court. You MUST appear on or before the time set in this citation. IF YOU FAIL TO APPEAR A COMPLAINT WILL BE FILED AND THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. 10 C. Any person who wilfully fails to appear before a court pursuant to a citation issued under this Section is guilty of a misdemeanor, regardless of the disposition of the charge upon which such person was originally cited. SECTION 12. That Section 12.20.035, Salt Lake City Code,pertaining to civil violation citations be, and the same hereby is, enacted to read as follows: 12.20.035 Civil violation citation when immediate appearance is not made. A. Upon any civil violation of this title, the enforcement officer shall: (1)prepare in as many copies as may be needed, a civil violation citation, (2) shall issue one copy to the person subject to prosecution, and (3) shall,within five days, file duplicate copies or an electronic copy with the administrative enforcement office as specified in the citation. B. Each copy of the citation issued under authority of this title shall contain: 1. The name and address of the administrative enforcement office before which the person is to appear; 2. The name of the person cited; 3. A brief description of the violation charged; 4. The date, time and place at which the violation is alleged to have occurred; 5. The date on which the citation was issued; 6. The name of the enforcement officer who issued the citation; 7. The time and date on or before and after which the person is to appear; 8. A notice containing substantially the following language: CITATION AND NOTICE TO APPEAR 11 You are required to pay or appear within 20 days from the date of this citation. Failure to follow the instructions on the back of the citation may result in increased costs, attorney fees and other penalties provided by law. SECTION 13. That Section 12.20.040,Salt Lake City Code, pertaining to violating promise to appear be, and the same hereby is, repealed. , B. A written promise to appear in court may be complied with by an appearance by counsel. SECTION 14. That Section 12.24.012,Salt Lake City Code,pertaining to violation of restricted license be, and the same hereby is, amended to read as follows: 12.24.012 Violation of restricted license. A. It is unlawful for any person to drive a motor vehicle upon the streets of the city in any manner in violation of the restrictions or endorsements imposed in a restricted operator's license or a temporary learner permit granted to such person by the state or by such person's home state or country. B. It is unlawful for any person to drive a commercial motor vehicle as defined by Section 53-3-102, Utah Code Annotated, or its successor,upon the streets of the city in any manner in violation of the restrictions or endorsements imposed in a restricted commercial driver license or 12 temporary learner permit granted under Title 53, Chapter 3, Part 4,Utah Code Annotated, or its successor. SECTION 15. 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: 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 41- 12a-30131 41 1, et seq., Utah Code Annotated, or theiris successors, 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 Utah state lawthe 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 an administrative hearing officer 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 offenses within three years of a previous conviction or forfeiture of penalty. 13 SECTION 16. That the title to Section 12.24.115, Salt Lake City Code,pertaining to civil violation for driving on a suspended license other than alcohol or controlled substance or state violation related be, and the same hereby is, amended to read as follows: as follows: 12.24.115 Civil Violation -Non-alcohol and non-controlled-substance-related dDriving Prohibited wWhile dDriving Orivilege dDenied, sSuspended, dDisqualified,oOr rRevoked: SECTION 17. That the title to Section 12.24.120,Salt Lake City Code,pertaining to alcohol or controlled substance or state violation for driving on a suspended license be, and the same hereby is, amended to read as follows: as follows: 12.24.120 Class B Misdemeanor_Alcohol and controlled-substance-related dDriving p.Prohibited wWhile dDriving QPrivilege dDenied, sSuspended, dDisqualified,oOr rRevoked- Penalty: SECTION 18. That Section 12.28.010,Salt Lake City Code,pertaining to state vehicle inspections be, and the same hereby is, amended to read as follows: 12.28.010 State vehicle inspection certificate-required. No person shall drive, stop or park,nor shall any owner or person in possession cause or knowingly permit to be driven, stopped or parked on any street or alley within this city any vehicle which is required under the laws of the state of Utah to be inspected, unless such vehicle has been inspected and has attached thereto, in proper position, a valid and unexpired certificate of inspection as required by the laws of the state. 14 SECTION 19. That Section 12.28.020, Salt Lake City Code,pertaining to vehicle registration and license plates required be, and the same hereby is, amended to read as follows: as follows: 12.28.020 Vehicle registration and license plates required. A. Every vehicle, at all times while being driven, stopped or parked upon the streets or alleys of this city, shall: 1. Be registered in the name of the owner thereof in accordance with the laws of the state, unless such vehicle is not required by the laws of Utah to be registered in this state; 32. Display in proper position two valid, unexpired registration plates, one on the front and one on the rear of such vehicle; and 23. When required, current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state, and free from defacement,mutilation, grease and other obscuring matters so as to be plainly visible and legible at all times. B. However, if such vehicle is not required to be registered in this state, and the indicia of registration issued by another state, territory,possession or district of the United States, or of a foreign country, substantially complies with the provisions hereof, such registration shall be considered compliance with this code. C. Every commercial vehicle, as defined by Section 53-3-102,Utah Code Annotated, at all times while being driven, stopped or parked upon the streets or alleys of this city, shall meet the requirements of this Section 12.28.020. SECTION 20. That Section 12.28.090, Salt Lake City Code,pertaining to lights,brakes, and other equipment be, and the same hereby is, amended to read as follows: 15 as follows: 12.28.090 Lights, brakes,and other equipment. A. No person shall drive,move, stop or park,nor shall the owner or person in possession cause or knowingly permit to be driven,moved, stopped or parked on any street or alley, any vehicle: 1. Which is in such unsafe condition as to endanger any person or property; 2. Which is not equipped with those serviceable lamps,reflectors,brakes, horn and other warning and signaling devices, windows,windshields,windshield wipers, mirrors, mufflers, fenders,tires, and other parts and equipment in the position,condition and adjustment meeting the requirements of the laws of the state as to such parts and equipment; 3. Which,when upon a street or highway, is operating more than four head lamps, auxiliary lamps and/or spot lamps on the front of such vehicle, each projecting a beam of an intensity greater than 300 candle power at any one time. 43. Which is of such size, weight or condition, or is loaded or equipped in such manner as is in violation of the laws of the state with respect to such vehicle. B. No person shall do any act forbidden or fail to perform any act required by the laws of the state relating to tires, lamps,brakes, fenders, horns, sirens,whistles,bells and other parts and equipment, and size,weight and load of any vehicle; provided,however, an authorized emergency vehicle may be equipped with and may display flashing lights which do not indicate a right or left turn. 16 C. Any motorcycle or motor-driven vehicle carrying a passenger on a public highway, other than in a side car or enclosed cab shall be equipped with footrests for such passenger. D. No person shall operate any motorcycle or motor-driven cycle with handlebars above shoulder height. E. No person under eighteen years of age shall operate or ride upon a motorcycle or motor-driven cycle upon a public highway unless such person is wearing protective headgear which complies with standards established by the State Commissioner of Public Safety. This subsection shall not apply to persons riding within a closed cab. SECTION 21. That Section 12.32.030 of the Salt Lake City Code, pertaining to Color Indications For Signals—Driver and Pedestrian Duties be, and is hereby repealed. 12 32 030 € di +• f a„als Driver and + destr; n duties n rr " • " " n r 1. "Green" Alone. V h' 1 t c a th a a ay rr oceed t ght tt, h t, ht or left unless a sign at such place prohibits eitherh t . R t vehicular traffic shallll intersection t th t' ct, al is exhibi 17 4, D e tria F g tho a „„ eel s the roadway, .ithi, 2. Steady"Yellow" Alone When Showing Following the "Green" Signal. a. Vehicular traffic facing the signal is thereby warned that the "Red" signal will intersection when the "Red" signal is exhibited. b. Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrians then starting to cross shall yield the right of way to all vehicles. 3. Steady"Red" Alone. V h' 1 traffic faci„g the . gn l shall stop before entering the nearest crosswalk at an intersects at such anothe int a..m .be indicated b. a cllea;lly n " prohibited by a sign,may cautiously enter the intersection for the purpose of making a turn to the right,but shall not interfere with other traffic nor endanger pedestrians lawfullywithin ., alL b. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. 4. Steady "Red" with "Green Arrow." a. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall yield the right of way to 18 • pe1 t ' 1 f ll tn . a k an.l to oer raffc lawfully„sing the � : hi th t intersection. b. No pedestrian facing such signal shall nte. the roadway unless he can do so safely ncl with. ,t interf ri ith ychic,l r traffi. B. In the event an official traffic control signal is erected--andd maintains d at a pllace other of any sign or marking the stop shall be made at the signal. SECTION 22. That Section 12.32.040 of the Salt Lake City Code, pertaining to Flashing red or yellow signals be, and the same is hereby repealed. 12.32.040 Flashing red er yellow device, it shall require obedience by traffic as follows: a stop at a stop sign. 2 Fl h' Yellow or A,�,her (rya do Sign l\ Whon n yellow lens ; :ll,,,�,in te.a with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. 19 B. Pedestrians facing a flashing red or yellow signal may proceed to cross the roadway at such intersections. SECTION 23. That Section 12.32.045,pertaining to the meaning of vehicular signal indications—driver and pedestrian duties be, and is hereby enacted,to read as follows: 12.32.045 Meaning of Vehicular Signal Indications—Driver and Pedestrian Duties. A. The following meanings shall be given to highway traffic signal indications for vehicles and pedestrians. Yielding duties between drivers and pedestrians are further defined in Section 12.76.045 of this Title or its successor. 1. Steady green signal indications shall have the following meanings: a. Traffic, except pedestrians, facing a CIRCULAR GREEN signal indication may proceed straight through or turn right or left except as such movement is modified by lane-use signs,turn prohibition signs, lane markings, or roadway design. But vehicular traffic, including vehicles turning right or left, shall yield the right-of- way to other vehicles within the intersection, and to pedestrians, at the time such signal indication is exhibited. b. Traffic, except pedestrians, facing a GREEN ARROW signal indication, shown alone or in combination with another signal indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other signal indications shown at the same time. Such 20 vehicular traffic shall yield the right-of-way to pedestrians and to other traffic using the intersection. c. Unless otherwise directed by a pedestrian signal,pedestrians facing any green signal indication, except when the signal indication is a turn arrow for a vehicular movement in conflict with the desired path of the pedestrian,may proceed across the roadway within any marked or unmarked crosswalk. 2. Steady yellow signal indications shall have the following meanings: a. Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal indication is thereby warned that the related green movement is being terminated or that a red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. b. Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal indication,unless otherwise directed by a pedestrian signal, are thereby advised that there is insufficient time to cross the roadway before a red signal indication is shown, and no pedestrian shall then start to cross the roadway. 3. Steady red signal indications shall have the following meanings: a. Vehicular traffic facing a steady CIRCULAR RED signal indication alone shall stop at a clearly marked stop line. If there is no stop line,traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection. Such traffic shall remain stopped until a signal indication to proceed is shown, or as provided below. Except when a sign is in place prohibiting a turn on red or a RED ARROW signal indication is 21 displayed, vehicular traffic facing a CIRCULAR RED signal indication may enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping. Such vehicular traffic shall yield the right-of-way to pedestrians and to other traffic using the intersection. b. Vehicular traffic facing a steady RED ARROW signal indication shall not enter the intersection to make the movement indicated by the arrows[except as described in the Option stated below in this subsection (A)(3)(b)] and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly-marked stop line. If there is no stop line, said vehicular traffic shall stop before entering the crosswalk on the near side of the intersection, or if there is no crosswalk, then before entering the intersection, and shall remain stopped until a signal indication permitting the movement indicated by such RED ARROW is shown. Option: Where turns are allowed on red and the signal indication is an arrow, a sign may be used to indicate that turns are allowed on red after stopping. c. Unless otherwise directed by a pedestrian signal,pedestrians facing a steady CIRCULAR RED or RED ARROW signal indication alone shall not enter the roadway. 4. Flashing signal indications shall have the following meanings: a. Flashing yellow - When a yellow lens is illuminated with rapid intermittent flashes, vehicular traffic may proceed through the intersection or past such signal indication only with caution. 22 b. Flashing red- When a red lens is illuminated with rapid intermittent flashes, vehicular traffic shall stop at a clearly-marked stop line. If there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the rules applicable after making a stop at a STOP sign. c. Flashing RED ARROW and flashing YELLOW ARROW signal indications have the same meaning as the corresponding flashing circular signal indication, except that they apply only to vehicular traffic intending to make the movement indicated by the arrow. d. Pedestrians facing a flashing red or yellow signal may proceed to cross the roadway in a crosswalk only after ascertaining that it is safe to do so and then only with due caution. Vehicular traffic shall yield the right-of-way to pedestrians crossing a roadway at such intersections. B. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions that by their nature have no application. Any stop required shall be made at a sign or marking on the highway pavement indicating where the stop shall be made, but in the absence of any sign or marking the stop shall be made at the signal. SECTION 24. That Section 12.32.050,Salt Lake City Code, pertaining to pedestrian "walk" and"don't walk" signals be, and the same hereby is, repealed. 23 2.32.050 Pedestrian "Walk" and "Don't Walk" signals. Walk" are in place and operating, such signals shall indicate and govern pedestrians as follows: of the s final and shall be rt r the right of•w..y by the drivers of'.,ll yeh clew such signal,but any pedestrian who has partially completed his or her crossing on the"Walls" " n rt 5) SECTION 25. That Section 12.32.055,pertaining to pedestrian signal indications, be, and is hereby enacted to read as follows: 12.32.055 Pedestrian Signal Indications. Whenever a pedestrian signal is in place and operating, the illuminated words or symbols shall indicate and govern pedestrians as follows: A. A steady white WALK or WALKING PERSON(symbolizing WALK) signal indication means that, exercising due caution, a pedestrian facing the signal indication may start to cross the roadway in the direction of the signal indication. B. A flashing orange DONT WALK or UPRAISED HAND (symbolizing DONT WALK) signal indication means that a pedestrian shall not start to cross the roadway in the direction of the signal indication,but that any pedestrian who has already started to cross on a 24 steady white WALK or WALKING PERSON (symbolizing WALK) signal indication may complete crossing the roadway. C. A steady orange DONT WALK or UPRAISED HAND (symbolizing DONT WALK) signal indication means that a pedestrian shall not enter the roadway in the direction of the signal indication. D. A COUNTDOWN CLOCK(displaying time in seconds remaining in the pedestrian crossing phase) in conjunction with the flashing orange UPRAISED HAND means that a pedestrian facing the signal indication may start to cross the roadway in the direction of the signal indication, but only if such pedestrian is able to safely walk completely across the street or to a safety island before the COUNTDOWN CLOCK shows no remaining time. SECTION 26. That Section 12.36.040, Salt Lake City Code,pertaining to speed or acceleration contests be, and the same hereby is, amended to read as follows: 12.36.040 Speed or acceleration contests prohibited. No person shall engage in any vehicle speed contest or exhibition, or in any vehicle acceleration contest or exhibition on any street or alley, and no person shall aid or abet any such vehicle speed contest or exhibition or acceleration contest or exhibition on any street or alley. It shall not be a defense that there was no apparent observer present to view such speed contest or exhibition. SECTION 27. That Section 12.44.020,Salt Lake City Code,pertaining to overtaking and passing vehicles proceeding in same direction be, and the same hereby is, amended to read as follows: 25 12.44.020 Overtaking and passing vehicles proceeding in same direction. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the following provisions: A. The driver of a vehicle, overtaking another vehicle proceeding in the same direction, shall pass to the left at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle. B. The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and may not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. C. On a road having more than one lane in the same direction,the driver of a vehicle traveling in a left lane shall, upon being overtaken by another vehicle in the same lane, yield to the overtaking vehicle by moving safely to the right, and may not impede the movement or free flow of traffic in a left lane except: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement; 2. When preparing to turn left; 3. When reasonably necessary in response to emergency conditions; 4. To avoid actual or potential traffic moving onto the right lane from an acceleration or merging lane; or 5. When necessary to follow the highway direction signs that direct use of a lane other than the right lane. 26 D. Violation of this section is a civil violation to be handled under Chapter 2.75C—lass B misdemeanor. SECTION 28. That Section 12.44.130,Salt Lake City Code, pertaining to turning movements and signal requirements be, and the same hereby is, amended to read as follows: 12.44.130 Turning movements-Signal requirements. A. No person shall turn a vehicle at an intersection unless the vehicle is in a proper position upon the roadway, as required in Section 12.44.120, or its successor, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course, or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement. B. A signal of intention to turn right or left or to change lanes shall be given continuously for at least the last three seconds preceding the beginning of the turn or change. C. Signals required on vehicles by Section 12.44.140, or its successor, shall not be flashed on one side only on a disabled vehicle; or as a courtesy or "do pass" to operators of other vehicles approaching from the rear; and shall not be flashed on one side only of a parked vehicle, except as may be necessary for compliance with this section. SECTION 29. That Section 12.52.355,Salt Lake City Code, pertaining to vehicle operation causing injury to person be, and the same hereby is, enacted to read as follows: 12.52.355. Negligent Operation Causing Personal Injury or Death. 27 A. (1) "Serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement,protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. (2) "Substantial bodily injury"means bodily injury,not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. B. The operator of any vehicle who negligently fails to yield the right of way as required by any section of this title which failure is the direct proximate cause of serious bodily injury or death to any person, whether such injured or deceased person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of a Class B misdemeanor. C. The operator of any vehicle who negligently fails to yield the right of way as required by any section of this title which failure is the direct proximate cause of substantial bodily injury to any person,whether such injured person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of a civil violation. Said violation shall be handled as provided by Chapter 2.75 of this Code. SECTION 30. That Section 12.56.030, Salt Lake City Code,pertaining to vehicle state inspection certificates be, and the same hereby is, repealed. 12.56.030 vehicle S+ + ct; t•f~ No shall .lam-. o sty p rk .h ll vehicle which is required under the laws of the state of Utah to be inspected, unless such vehicle 28 f i„s„ection a red by the laws of the t.,te ter------- --- -�-i,.;--- -� ---- ---.. - o�iu� C SECTION 31. That Section 12.56.100,Salt Lake City Code,pertaining to parking opposite traffic be, and the same hereby is, amended to read as follows. 12.56.100 Stopping or parking upon roadways . with the right hand wheels of the vehicle within eighteen inches of the curb or cdgc of the roadway, except as otherwise provided in this chapter. A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within AP twelve inches of the right-hand curb or as close as practicable to the right ed e of the right-hand � g shoulder. B. Every vehicle stopped or parked upon a one-way roadway shall be stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement with its right-hand wheels within eighteen inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its left-hand wheels within eighteen inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. 29 SECTION 32. That Section 12.76.020 of the Salt Lake City Code, pertaining to Pedestrian Rights Obedience to Traffic Control Signals,be, and the same is hereby repealed. 12.76.020 Pedestrian Rights Obedience To Traffic Control Signals: Pedestrians shall be subject to traffic control signals as heretofore declared in Sections (Prier code Title 46, Art. 17 § 264) SECTION 33. That Section 12.76.030,pertaining to right of way in crosswalks—vehicle requirements be, and the same hereby is, repealed. 12.76.030 Right Of Way In Crosswalks Vehicle Requirements: roadwayroaelway-when-the-pedest-fien-is-in-the-eresewalk any place upon that half of the roadway upon half of the roadway as to be in danger. Such vehicle must not again proceed until the pedestrian into the path of a vehicle which is so close as to constitute an immediate hazard. (Prior code Title 16,Art. 17 § 265) SECTION 34. That Section 12.76.040,pertaining to vehicles stopped at a crosswalk- parking prohibited be, and the same hereby is, repealed. 1 L 7� 040 Vehicle stopped at^ alk Passing rrohibit a a......v.v �v ♦ Vlll V1V UIVtJtl Val Kl VLVJn� 30 When_v_r a _hic1 stopp a nott overtake-and pass such stoppcd vehicle. (P-riorcode Title n6 n rt 1 7 § 766 SECTION 35. That Section 12.76.045,pertaining to yielding the right-of-way at marked or unmarked crosswalks or at crosswalk entrance zones—driver and pedestrian duties be, and is hereby, enacted to read as follows: 12.76.045 Yielding Right-of-Way at Marked or Unmarked Crosswalks —Driver and Pedestrian Duties A. Driver Duties. 1. With regard to marked or unmarked crosswalks, vehicles shall yield the right-of- way to: (a) (i)pedestrians carrying a brightly colored flag customarily used by pedestrians in the City while crossing a street within a crosswalk; (ii) pedestrians using a white cane or a service animal customarily used by pedestrians having visual impairments; (iii)pedestrians using a wheelchair or similar wheeled mechanical, electrical or motorized vehicle customarily used by pedestrians having mobility impairments; (iv) pedestrians exhibiting signs of impairment or infirmity of any kind, including, but not limited to, infirmity resulting from advanced age; and (b) all other pedestrians 31 by slowing or coming to a complete stop while such pedestrian is within a marked or unmarked crosswalk and is in the vehicle's travel lane or adjoining lane. 2. Whenever a vehicle is slowing or stopped at a marked or unmarked crosswalk, all approaching vehicles traveling in the same direction as the slowing or stopped vehicle shall also slow or stop to verify that no pedestrian is within their travel lane or an adjoining lane in a marked or unmarked crosswalk. 3. A vehicle turning onto an adjacent roadway shall yield the right-of-way to pedestrians as explained in subsections 1 and 2 above. B. Increased penalty. 1. The civil penalty to be assessed against a person for each violation of subsection Al(a) of this section may be increased beyond the penalty ordinarily assessed for such violation. 2. The civil penalty ordinarily assessed for a violation of subsection Al(b) of this section may be increased for a second and for each subsequent violation within one (1) year of a previous conviction or forfeiture of penalty for a violation of said subsection. C. Pedestrian Duties. 1. Whenever traffic or pedestrian signals are in place and operation the illuminated indications shall govern pedestrians as explained in Sections 12.32.045 and 12.32.055 or their successors. At all other locations pedestrians shall be granted those rights and be subject to those restrictions stated in this Chapter. 2. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. 32 SECTION 36. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of 2001. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR CHIEF DEPUTY CITY RECORDER (SEAL) Bill No. of 2001. Published: ATTEST: G-\Ordina0l\Traffic Code Amendments 12-11-01 draft doc 33 SALT LAKE CITY COUNCIL STAFF REPORT DATE: February 28, 2002 SUBJECT: Fiscal Years 2001-2002, 2002-2003 Budget Amendment #5 STAFF REPORT BY: Michael Sears, Budget and Policy Analyst Document Budget-Related Facts Policy-Related Miscellaneous TYPe Facts Facts Ordinance The proposed amendment reduces the The ordinance is The requested fund balance of the General Fund for presented to amendment has fiscal year 2001-2002 by$4,538,825 to amend the issues related to bid CIP projects in advance,pay Impact 2001-2002, CIP Funds, RDA Fees, and hire a HAND Director.The 2002-2003 Grants, Public fiscal year 2002-2003 reduction would biennial budget. Safety, Public be$92,000 if the HAND Director position Utilities, and were approved.The fund balance in the donations to th General Fund will be approximately City. $13,520,000 if the budget amendment is adopted as proposed for fiscal year 2001- 2002 but will be replenished in fiscal year 2002-2003 from CIP appropriations. • General Fund Contingency will remain at $143,500. The briefing and discussion of the fifth budget amendment of fiscal years 2001-2002 and 2002-2003 is scheduled for March 5, 2002, and a public hearing is tentatively scheduled for April 2, 2002. MATTERS AT ISSUE Issue #1: FY 02 Bidding and Awarding of FY 03 CIP Projects ($4,500,000 — General Fund) The Administration is requesting that the Council approve the bidding and awarding of fiscal year 2002-2203 CIP projects in fiscal year 2001-2002 to take advantage of the favorable construction climate that exists. This action has been discussed by the City Council in previous briefmgs. The proposed action would result in the transfer of General Fund balance to specific project cost centers within the CIP Fund. The CIP Fund would reimburse the General Fund in fiscal year 2002-2003. The CIP Fund is funded from an allocation from the City's General Fund, other governmental revenue, private donations and grants. Some projects that are identified for advance bidding are funded from sources outside the City. The projects identified for advancement to take advantage of the favorable bidding climate are: Peace Garden Irrigation, Liberty Park (assorted projects), ADA Page 1 Ramp/Corner Repair, Local Streets Reconstruction, Traffic Calming, Asphalt Overlay (Class C Funded), Salt Lake Valley Waste Facility (Salt Lake County Funded). The projects proposed for advance bidding and funding are as the City Council adopted in June of 2001, with one exception. The $400,000 identified for Liberty Park consists of a proposed relocation of a major sidewalk in Liberty Park and the moving, pruning and replanting of trees. The Refuse Fund's Forestry budget has already incurred costs associated with the tree removal and pruning. The Administration would like the Council to reimburse the Refuse Fund for the cost of the tree removal and pruning from within the $400,000 being advanced. The Council may wish to consider if the pruning and removal of trees in Liberty Park is an expense that th CIP Fund should incur. The Council may wish to confirm with th Administration that all of the expenses associated with the removal and pruning of trees was undertaken as part of the relocation of the sidewalk and not as a saf ty measure unrelated to planned Liberty Park CIP projects. Issue #2: Special Revenue Carryover- Former Trust Funds ($400,000 - Special Revenue Fund) Th City, in compliance with GASB 34, has eliminated expendable trust funds and replaced them with special revenue funds. Prior to GASB 34, the Accounting Division automatically set a budget for control purposes in expendable trust fund accounts to b whatever the available cash balance was at the end of each month. This was possible because expendable trust funds, by definition, didn't require formally adopted budgets. In order to control contributions in a similar manner, the Accounting Division is requesting that the Council adopt a budget that will be placed • in a "budget only cost center" within the special revenue funds. As contributions are received (for example: celebrations or events such as the Physical Fitness of Cities) budgets will be moved from the "budget only cost center" to the project to match the actual amount of available cash. The Council will be asked to consider approving the initial projects in the same manner as it currently approves grants. The Administration is suggesting a budget of $400,000, but this is probably a high estimate since the amounts received in past years have been less than $300,000. However, only the actual amount received will be set up with a budget to allow expenditures to occur. This action would not move funds, but would allow the Administration the authority to deposit donated funds and establish an available cash amount. Issue #3: Emergency Management - Hazard Mitigation Grant ($20,000 - Misc. Grant Fund) The City has received a grant from the State of Utah, Division of Comprehensive Emergency Management (CEM). The grant is for Hazard Mitigation purposes in local municipalities. Grant funds will be used to purchase cabinets and switches that will house the City's computer network system. The grant requires a local match of 25% that will be met with in-kind services of grant administration and installation of the server racks by the City's Information Management Services Division. Page 2 The Administration requests that the Council adopt a resolution authorizing the Mayor to accept this grant and sign any additional contracts or awards related to the grant. The Administration recommends that the Council adopt the budget to allow for the facilitation of this grant and the resolution relating to this grant. No additional FTE's are associated with this grant. Issue #4: PSB Building Services-Budget Transfer($45,700 - General Fund) The Administration is recommending that the cleaning budget within Police Department's appropriations be transferred to the Support Services budget. The Support Services Division provides building services to the Police Department. The requested budget transfer will allow Support Services to account for all Public Safety Building maintenance and service expenses in one budget. Issue *5: Police - Pioneer Precinct Soil Stabilization ($210,000- CIP Fund) The City recently bonded for the rehabilitation of an existing building to house the Pioneer Police Precinct. As the project has progressed the City's Engineering Division has determined that the soil under the building will need mitigation to assure that in the event of an earthquake, the building structure will not be compromised. The total cost of the soil mitigation is approximately $350,000. The Administration recommends using $50,000 from interest earned on the project bond, $140,000 from the existing precinct building rehabilitation budget, and $120,00 from CIP contingency. The Council may wish to confirm that remaining project funds will b sufficient to complete the building rehabilitation. The Council appropriation would allow for the use of the interest income and the transfer from CIP contingency. Issue *6: Public Utilities - Water Carryover projects ($9,843,000 - Water Enterprise Fund) The Public Utilities Department is recommending that $9,843,000 be appropriated for expenses and capital improvements in the Water Enterprise Fund. Uses will include $4,000,000 for water purchases, $4,443,000 for water carryover projects, and $1,400,000 for the South Temple Water Line Replacement project. The water carryover projects are the unexpended portions of projects that were appropriated during the last budget cycle and are currently under construction. The water purchases are Central Utah Water stored in Jordanelle Reservoir to help the City during the anticipated water shortage this coming summer season. The South Temple Water Main Line replacement is a major capital project that the Department of Public Utilities is proposing to take place while South Temple is under construction. Issue *T Public Utilities - Stormwater Carryover projects ($1,696,000 - Stormwater Enterprise Fund) The Public Utilities Department is recommending that $1,696,000 be appropriated for expenses in the Stormwater Enterprise Fund. Uses will include $1,555,000 for Page 3 Stormwater carryover projects, and $141,000 for the South Temple Stormwater Line Replacement project. The Stormwater carryover projects are projects that were appropriated during the last budget cycle and are currently under construction. The South Temple Stormwater Main Line replacement is a major capital project that will be cost effective to take place while South Temple is under construction. Issue #8: Youth Programs- Grant($50,422 Misc. Grant Fund) The City has solicited and received donations in the amount of $50,422 relating to Youth City and Imagination Celebration programs. The Administration recommends that the Council adopt the budget appropriation request. Issue #9: Impact Fee Exemptions ($15,825 General Fund) The City has exempted three entities from paying impact fees on their development projects. Under the City's Impact Fee ordinance the City's General Fund is responsible for the payment of impact fees for exempted projects. The total so far this year is $15,825. The City Council may wish to delay action on this request until th last budget opening of the year to allow the Administration the opportunity t include all impact fee exempt projects into one budget request. Th City Council will receive a briefing on the Impact Fee Ordinance and recomm nd d hanges to the ordinance on March 19, 2002. The Council may wish to consid r th Impact Fee Ordinance briefing details before considering action on this it m. Issue #10: Airport - Budget Adjustment FTE request ($153,700 - Airport Enterprise Fund) Due to the increased new Federal Security Regulations adopted as a result of recent terrorist attacks, the airport is required to increase the amount of security staffing at vehicle checkpoints to remain in compliance. The Airport Board recommends that an additional 11 FTEs be added to the airport staffing document and that $153,000 in airport reserve funds be used to pay for these additional position in fiscal year 2001- 2002. The additional cost in fiscal year 2002-2003 will be $443,600. Th City Council may wish to confirm that the Airport Capital Improvement Program is th appropriate expenditure budget for these new positions. Generally th Council requires that ongoing revenue sources be identified for ongoing xpenditures. The new positions will be titled Airport Operations Safety Specialists. Current Curbside Specialist staff will be incorporated into the new positions and will rotate their duties between secure area vehicle checkpoints and curbside duties. Issue #11: Housing Trust Fund-RDA Grant($677,000 -Misc. Grant Fund) The City's Community and Economic Development/Housing and Neighborhood Development staff submitted a request for funds to the Redevelopment Agency of Salt Lake City (RDA). The request was for funds that could be used for Housing Trust Fund purposes. The most recent RDA budget included a grant to the Housing Trust Page 4 Fund in the amount of $677,000 for the purposes of land acquisition, installation, construction and/or rehabilitation of structures. The Administration recommends that the City Council adopt this budget to accept and facilitate this grant to the Housing Trust Fund. Issue #12: Pioneer Park Use Plan - Grant ($60,000 - Misc. Grant Fund, CIP Fund) The Administration is requesting that an additional $25,000 be appropriated from CIP contingency for the required local match to a grant from the City Parks Forum. The Public Services Department expects to receive a grant in the amount of $35,000 for the rehabilitation of facility deficiencies. The Administration intends to use the grant funds and local match money to plan for the revitalization and future use of Pioneer Park. The Council may wish to note that there are several existing plans that have components dealing with Pioneer Park. The Council will also be requested to adopt a resolution that authorizes the Mayor to accept this grant and sign any additional contracts or awards related to the grant. The Administration recommends that the Council adopt the budget to allow for the facilitation of this grant and the resolution relating to this grant. No additional FTE's are associated with this grant. Issue #13: HAND Adjustments-Grant($26,800-Misc. Grant Fund) During the reconciliation of eleven years of HOME funding, the U.S. Department of Housing and Urban Development (HUD) discovered funds that have not been granted to Salt Lake City. The funds were discovered by HUD and have been awarded to Salt Lake City for use in the Neighborhood Housing Services program and the City's 1st Time Homebuyer Program. Fifteen percent of the grant funds will go to Neighborhood Housing Services the remainder to the 1st Time Homebuyer program. HUD has asked that the City appropriate these funds as soon as possible. This grant does not have a new resolution for the Council to sign. The only needed Council action is the adoption of the budget to allow for the facilitation of these grants. No additional FTE's are associated with this grant. Issue #14: HAND Director Position Reestablishment($23,000 - General Fund) The Administration is recommending that the Housing and Neighborhood Development (HAND) Director position be reinstated. The previous course of having the CED Deputy Director for Business Development act as the HAND Director has not worked as expected and it has become clear to the Administration that two positions are necessary. The cost to reinstate the position will be $23,000 in fiscal year 2001- 2002 and $92,000 in fiscal year 2002-2003. The HAND Director is an Executive level 005 position. The HAND division would be structured as in the past with one director and one deputy director. Page 5 The Administration recommends that the FTE for the HAND Director be reinstated and that a budget be appropriated for this position. Issue #15: CIP Transfer to Impact Fee ($410,000 - CIP Fund) As part of the biennial budget adoption the City Council reimbursed the General Fund $410,000 for two studies relating to Impact Fees. The two studies were 100% reimbursable under the City's Impact Fee ordinance but because fees had not been collected the City's General Fund paid for the studies. During the budget adoption the appropriation of the transfer into the General Fund was made, but the transfer from CIP Fund balance was not made. The recommended action creates two expenditure cost centers within the CIP Fund to account for the transfer to the General Fund. The two cost centers will be $180,000 for the CityGate Associates study and $230,000 for the Impact Fee study. The Administration is recommending that the appropriation from CIP Fund Balance be made to complete the transfer of funds. cc: Cindy Gust-Jenson, Rocky Fluhart, Jay Magure, Steve Fawcett, David Dobbins, Luann Clark, Rick Dinse, Mac Connole, Jerry Burton, Gordon Hoskins, Stephen Goldsmith, Brent Wilde, David Oka, Elwin Heilmann, Jay Bingham,Joseph Moratalla,Rick Graham, Greg Davis,Jim Lewis,Leroy Hooten,Charleen Sylvester,Randy Hillier, Sherrie Collins,Laurie Dillon,Susi Kontgis,and Kay Christensen Page 6 } IT 11T DAVID DOBBIN5 SALT' AI E:Q EX. CORPORATION'. RO5S C. "ROCKY" ANDERSON DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR COUNCIL TRANSMITTAL TO: Rocky Fluhart, Chief Administrative Officer" ' DATE: February 7, 2002 FROM: David Dobbins ,167 RE: A resolution authorizing the Mayor to sign and accept the grant awarded to the City's Management Services Department from the State of Utah, Department of Public Safety, Comprehensive Emergency Management Division. STAFF CONTACT: Sherrie Collins, 535-6150 DOCUMENT TYPE: Resolution BUDGET IMPACT: City will receive a$20,000 grant DISCUSSION: The Management Services Department applied for and received a FEMA Hazard Mitigation grant in the amount of$20,000 from the Utah Department of Public Safety, Comprehensive Emergency Management Division. These funds are to be used to purchase server cabinets and strap kits to anchor the cabinets that will contain components of the City's computer network system. If additional funds remain, hazard mitigation equipment deemed appropriate may also be purchased. This grant requires a 25% match, which is met through City staffs time and salary. 451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY, UTAH 841 1 1'/ TELEPHONE: 801-535-523❑ FAX: 80 1-535-6005 ®Revcco anPea RESOLUTION NO. OF 2002 AUTHORIZING SALT LAKE CITY TO ACCEPT THE DIVISION OF COMPREHENSIVE EMERGENCY MANAGEMENT GRANT AWARD FROM THE UTAH DEPARTMENT OF PUBLIC SAFETY WHEREAS, Title 11, Chapter 13 Utah Code Ann. , as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached grant Award has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby authorize and approve of SALT LAKE CITY CORPORATION accepting the $20 , 000 . 00 of COMPREHENSIVE EMERGENCY MANAGEMENT GRANT funding described in Exhibit --A" attached hereto, from the UTAH DEPARTMENT OF PUBLIC SAFETY, to expend for the purposes of : Hazard Mitigation to include purchasing server cabinets and strap kits to anchor cabinets that will contain components of the City' s computer network system. 2 . Ross C. Anderson, Mayor of Salt Lake City, Utah, is hereby authorized to receive said grant award and execute any and all subsequent agreements between the City and other entities resulting from the said Award on behalf of Salt Lake City Corporation, so long as such subsequent agreements do not depart substantively from the grant award approved herein. Passed by the City council of Salt Lake City, Utah, this day day of , 2002 . Salt Lake City Council By Chairperson ATTEST: TO FORM Salt Lake Oft Attorney's Office Date G ��L By REC'D DEPARTMENT OF PUBLIC SAFETY DIVISION OF COMPREHENSIVE EMERGENCY MANAGEMENT Michael O.Leavitt Governor Robert L.Flowers Commissioner Scott A.Behunin State Office Building,Room 1110 Director Earl R.Morris Box 141710 Deputy Commissioner Salt Lake City,Utah 841 1 4-1 71 0 Verdi R.White II (801)538-3400 Deputy Commissioner • (801)538-3770 FAX Line January 18, 2002 The Honorable Rocky Anderson, Mayor City and County Building 451 South State St. Room 301 Salt Lake City, Utah 84111 Point of Contact: Ryan Pietramali, Emergency Services Program Dear Mayor Anderson: On December 20,2001,the Federal Emergency Management Agency(FEMA)approved the seismic retrofit project you submitted to the State for the Hazard Mitigation Grant Program(HMGP) and funding has been obligated. The Utah Division of Comprehensive Emergency Management (CEM) manages the program and will be your agency point-of-contact during implementation, completion, and closeout of the project. Our office has met with your point-of-contact regarding reporting,reimbursement,and other procedures. We will continue to meet with your point-of-contact approximately on a monthly basis to provide whatever assistance he may require. Reimbursement through the State for project expenses can be handled on a federal quarterly basis, unless you require it more often. Please continue to review your application as to the details of your project,budget amounts, schedules, and other necessary information. If you have questions, please contact Dr.Fred May, State Hazard Mitigation Officer, of our office, at (801) 538-3758. Sin y, Scott A. Behunin Director SAB/fm sJ �111? ROCKY J. FLU HART SAE' !, v��i=3'y CORPORATION; -- - �_ a ROSS C. ANDERSON HIEF ADMINISTRATIVE OFFICER MAYOR COUNCIL TRANSMITTAL TO: Dave Buhler, Chairman /ivic? J Salt Lake City Council I FROM: Rocky J. Fluhart, Chief Administrative Officer DATE: February 21, 2002 SUBJECT: Budget Amendment No. 5 Recommendation: We recommend that on February 28, 2002, the City Council set a date to hold a public hearing on April 2, 2002, to discuss Budget Amendment No. 5. Discussion and Background: The amendment packet will be transmitted to the City Council Office on February 26, 2002, for the briefing on March 5, 2002. Legislative Action: The attached ordinance to amend this budget has been approved by the City Attorney. cc: Dan Mule, City Treasurer Shannon Ashby 451 SOUTH STATE STREET, ROOM 238, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-6426 FAX: 801-535-6 1 9❑ ®acc.ceo rnvea SALT LAKE CITY ORDINANCE No. of 2002 (Amending Salt Lake City Ordinance No. 32 of 2001 which adopted the Final Biennial Budget of Salt Lake City, including the employment staffing document, for Fiscal Years 2001-2002 and 2002-2003) AN ORDINANCE AMENDING SALT LAKE CITY ORDINANCE NO. 32 OF 2001 WHICH APPROVED, RATIFIED AND FINALIZED THE BIENNIAL BUDGET OF SALT LAKE CITY, UTAH, INCLUDING THE EMPLOYMENT STAFFING DOCUMENT, FOR THE FISCAL YEARS BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2002 AND BEGINNING JULY 1, 2002 AND ENDING JUNE 30, 2003. PREAMBLE On June 14, 2001, the Salt Lake City Council approved, ratified and finalized the biennial budget of Salt Lake City, Utah, including the employment staffing document, for the fiscal years beginning July 1, 2001 and ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003, in accordance with the requirements of Section 118, Chapter 6, Title 10 of the Utah Code Annotated, and said biennial budget, including the employment staffing document, was approved by the Mayor of Salt Lake City, Utah. The City's Policy and Budget Director, acting as the City's Budget Officer, prepared and filed with the City Recorder proposed amendments to said duly adopted biennial budget, including the amendments to the employment staffing document, copies of which are attached hereto, for consideration by the City Council and inspection by the public. The City Council fixed a time and place for a public hearing to be held on April 2, 2002 to consider the attached proposed amendments to the biennial budget, including the employment staffing document, and ordered notice thereof be published as required by law. Notice of said public hearing to consider the amendments to said biennial budget, including the employment staffing document, was duly published and a public hearing to consider the attached amendments to said biennial budget, including the employment staffing document, was held on April 2, 2002, in accordance with said notice at which hearing all interested parties for and against the biennial budget amendment proposals were heard and all comments were duly considered by the City Council. All conditions precedent to amend said biennial budget, including the employment staffing document, have been accomplished. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Purpose. The purpose of this Ordinance is to amend the biennial budget of Salt Lake City, including the employment staffing document, as approved, ratified and finalized by Salt Lake City Ordinance No. 32 of 2001. SECTION 2. Adoption of Amendments. The biennial budget amendments, including amendments to the employment staffing document, attached hereto and made a part of this Ordinance shall be, and the same hereby are adopted and incorporated into the biennial budget of Salt Lake City, Utah, including the employment staffing document, for the fiscal years beginning July 1, 2001 and ending June 30, 2002 and beginning July 1, 2002 and ending June 30, 2003, in accordance with the requirements of Section 128, Chapter 6, Title 10, of the Utah Code Annotated. 2 SECTION 3. Certification to Utah State Auditor. The City's Policy and Budget Director, acting as the City's Budget Officer, is authorized and directed to certify- and file a copy of said biennial budget amendments, including amendments to the employment staffing document, with the Utah State Auditor. SECTION 4. Filing of copies of the biennial Budget Amendments. The said Budget Officer is authorized and directed to certify and file a copy of said biennial budget amendments, including amendments to the employment staffing document, in the office of said Budget Officer and in the office of the City Recorder which amendments shall be available for public inspection. SECTION 5. Effective Date. This Ordinance shall take effect on its first publication. Passed by the City Council of Salt Lake City, Utah, this day of , 2002. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER 3 Transmitted to the Mayor on Mayor's Action: Approved Vetoed MAYOR ATTEST: CHIEF DEPUTY CITY RECORDER Z _ z Z -o;-±) : 1 :1714,1,6 - (SEAL) Bill No. of 2002. Published: . G\Ordinance 02\Amending budget a_.Jac 4 FY 2002 Initiatives in Budget Amendment - March FY 2002 FY 2003 Initiative Name Initiative Gen. Fund FTE Gen.Fund FTE Amount Impact Impact 1. FY 02 Bidding and $4,500,000 $4,500,000 -0- ($4,500,000) -0- Awarding of FY 03 CIP Projects 2. Special Revenue Carryover $400,000 -0- -0- -Former Trust Funds 3. Emergency Management— $20,000 -0- -0- Hazard Mitigation Grant 4. Budget Transfer for PSB $45,700 -0- -0- Building Services 5. Pioneer Precinct Soil $210,000 -0- -0- Stabilization 6. Public Utilities -Water $9,843,000 -0- -0- Carryover Projects 7. Public Utilities - Storm $1,696,000 -0- -0- Water Carryover Projects 8. Youth Programs - Grant $50,422 -0- -0- 9. Impact Fee Exemptions $15,825 -0- -0- 10. Airport Budget Amendment $153,700 11 -0- -FTE Needs 11. Housing Trust Fund—RDA $677,000 -0- -0- Grant 12. Pioneer Park Use Plan— $60,000 -0- -0- Partial Grant 13. HAND Adjustments - Grant $26,800 -0- -0- 14. HAND Director Position $23,000 $23,000 1 $92,000 -0- Reestablishment 15. CIP Transfer to Impact Fee $410,000 -0- -0_ Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Public Services Engineering FY01-02 Department For Fiscal Year EY 02 Bidding and Awarding of FY 03 CIP Proiecta BA#5 01 Initiative Name Initiative Number Randy Hillier 535-6353 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Total $0 $0 $0 1.General Fund General Fund Balance (4,500,000) 4,500,000 FY03 CIP Items:Peace Garden's Irrigation 150,000 050.0001 Liberty Park 400,000 (400.000) ADA Ramp/Corner Repairs 200,000 (200,000) Local Streets Reconstruction 1,500,000 (1.500,000) Traffic Calming 250,000 (250,000) Asphalt Overlay(Class C Funded) 1,500,000 (1.500 000) Salt Lake Valley Waste Facility(Salt Lake 500,000 (500,000) County Funded) Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3 Enterprise Fund Total $0 $0 $0 4.Other Fund • • Total $0 $0 $0 •-C.Expenditure Impact Detail. • -- • 1.Salaries and Wages • 2.Employee Benefits 3.Operating and Maintenance Supply 4 Charges and Services 5.Capital Outlay 4,500,000 (4,500 000) 6.Other(Specify) Total $4.500,000 ($4.500.000) $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E.Measured or measurable Impact on functions,structure and organization F.Issue Discussion:A complete justification will contain a discussion of each of the elements mentioned below; criteria,condition,effect,cause and recommendation. Criteria is a definition of what is expected or what can be expected.It provides a basis for comparison without which analysis cannot be effective.The criteria varies from issue to issue.In straightforward cases,it can be an ordinance or policy.In of Condition is a description of current practices.It is the information to which the criteria is compared. Effect is the difference,if any,between the condition and criteria.It is best described in teems of a dollar impact or e service level impact.If an effect cannot be identified,there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding.It is simply identifying why the condition varies from the criteria.Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management Recommendation is made in a way that addresses the cause.By doing so,it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: In order to capitalize on the favorable construction climate that will likely exist following the Olympics, it has been recommended by the City Council, as well as the City's Engineering Department, that as many CIP projects as possible be bid and awarded this winter. By doing so, it is hoped that the City will benefit from significant cost savings on these expedited CIP projects. In order to accomplish this, General Fund balance will be required. An estimated total of$4,500,000 will be needed to award the seven projects listed. Once July 1, 2002, the beginning of FY 2003, arrives, these funds will be repaid to the General Fund balance. Typically, projects are only awarded during the fiscal year for which they were appropriated. However, it is anticipated that moving several of the CIP projects for FY 03 into FY 02 will result in significant cost savings for the City. During FY 03, CIP will not equal 9% of General Fund expenditures because of this shift,however,the biennial total will not decrease. Analyst Comments: This action has been discussed by the Council in earlier budget amendment briefings. It is generally felt that the City will realize savings by awarding these projects early. I recommend that Public Services consider using the bulk of the$400,000 which is being moved forward for Liberty Park for the issue mentioned below: Background: It has been proposed that a major sidewalk within Liberty Park be relocated. The plan that has been chosen places a 10 foot wide sidewalk on either side of a 20 foot grass center panel. The grass panel and sidewalk will be centered down the middle of 600 East in Liberty Park. This budget amendment includes both the cost of preparing the site for the sidewalk relocation and the actual construction cost. The preparation cost includes removing 14 large caliper trees,pruning 54 trees and replanting 50 large caliper trees. The estimated cost of these activities is$65,004. The construction of the concrete sidewalks and associated landscaping materials is estimated to cost $296,600.Part of the tree removal and pruning costs have been incurred since it was deemed critical to park-user safety. The Refuse Fund's Forestry budget is seeking reimbursement for these costs. Criteria: A safe environment for all users of Liberty Park. Condition: Currently unsafe conditions exist for park users. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Cause: Trees lining the 600 E.location in Liberty Park are in various stages of decline and represent a risk to park users. Recommendation: Public Services recommends a combination of new construction,tree care, and tree replacement. The sidewalk needs to be relocated in order to permit park users to walk safely through the 600 E.corridor.Additionally,replacement trees need to be planted now in anticipation of removal of existing trees over time. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment • Management Services FY 01-02 Department For Fiscal Year Special Revenue Carryover(Former Trust Funds) BA#5 02 Initiative Name Initiative Number Elwin Heilmann 535-6424 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total _ $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Special Revenue Trust Activities 77-77001-1895- 400,000 400,000 Budget Only Total $400,000 $400,000 $0 B.Expenditures Impacted by Fund and Source: 1.General Fund Total $0 $0 _ - $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Special Revenue Trust Activities 77-77001-2590- 400,000 400,000 Budget Only Total $400,000 $400,000 $0 C.Expenditure Impact Detail" 1.Salaries and Wages 2.Employee Benefits 3.Operating and Maintenance Supply 4.Charges and Services 5.Capital Outlay 6.Other(Specify) 400,000 400,000 Total $400,000 $400,000 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E. Measured or measurable Impact on functions, structure and organization Approval of this initiative will give the administration the ability to receive and then expend donations for specific purposes in a more timely manner, will give the Accounting Division flexibility to adjust budgets in individual accounts as donations are received throughout the year. In addition, staff time and paperwork will be saved by not requesting several budget openings throughout the fiscal year.. F. Issue Discussion: A complete justification will contain a discussion of each of the elements mentioned below; criteria, condition, effect, cause and recommendation. Criteria is a definition of what is expected or what can be expected. It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue. In straightforward cases, it can be an ordinance or policy. In of Condition is a description of current practices. It is the information to which the criteria is compared. Effect is the difference, if any, between the condition and criteria. It is best described in terms of a dollar impact or a service level impact. If an effect cannot be identified, there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding. It is simply identifying why the condition varies from the criteria. Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management Recommendation is made in a way that addresses the cause. By doing so, it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: On July 1, 2001, GASB 34 eliminated the ability the City has to use an expendable trust fund as a method to receive and expend donations. In the October budget opening, the Council approved budgets for the amount of cash held by these funds as of June 30, 2001. However, the amendment did not address additional donations received during this fiscal year. Initially, the 400,000 amount will be established in a Budget-Only cost center. Then, on a routine basis, the Accounting division will be able to reduce the amounts in this Budget-Only cost center and increase the budgets in individual accounts so that remaining budgets equal remaining cash. The Council will approve the initial project, just as they currently approve grants. With the current condition of each individual account, City administration could accept donations for something new, but would not be able to expend funds for the intended purpose until such time as the need could be addressed in a budget opening. Without Council action, the City cannot meet its obligations to the donors until such time that a budget can be established by Council action for specific donations received. It is recommended that the Council establish a budget for a $400,000 estimated amount of donations received in each fiscal year (2001-2002 and 2002-2003) Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Management Services FY 01-02 Department For Fiscal Year Federal Emergency Management Agency Hazard Mitigation Grant BA#5 03 Initiative Name Initiative Number Sherrie Collins 535-6150 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Miscellaneous Grant Fund 72 20,000 Total $20,000 $0 $0 B.Expenditures Impacted by Fund and Source: 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Miscellaneous Grant Fund 72 20,000 Total $20,000 $0 $0 • C.Expenditure Impact Detail 1.Salaries and Wages 2.Employee Benefits 3.Operating and Maintenance Supply 4.Charges and Services 5.Capital Outlay 20,000 6.Other(Specify) Total $20,000 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E. Measured or measurable Impact on functions, structure and organization Major Impact. F. Issue Discussion: A complete justification will contain a discussion of each of the elements mentioned below; criteria, condition, effect, cause and recommendation. Criteria is a definition of what is expected or what can be expected. It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue. In straightforward cases, it can be an ordinance or policy. In other cases, it may be an industry standard or comparable data from another city. Condition is a description of current practices. It is the information to which the criteria is compared. Effect is the difference, if any, between the condition and criteria. It is best described in terms of a dollar impact or a service level impact. If an effect cannot be identified, there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding. It is simply identifying why the condition varies from the criteria. Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management or personnel issues. Recommendation is made in a way that addresses the cause. By doing so, it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: Criteria: Emergency Management Services applied for and received this grant from the State of Utah, Division of Comprehensive Emergency Management (CEM). This grant is issued to local municipalities for Hazard Mitigation purposes. Condition: These funds will be used to purchase six server cabinets, six strap kits, and other materials to anchor cabinets that will contain the City's servers and switches. Servers and switches are expensive components that are an integral part of the City's computer network system. Currently, these components are on shelves that would most certainly fail in the event of a major earthquake. Any remaining funds will be used for other hazard mitigation purposes. Effect: The cabinets will replace current shelving in the City and County Building, Public Safety Building, IMS, Parks Maintenance Building, Public Utilities and the Street and Sanitation Division Building. Cause: Grant requires a 25% match which will be met with the in-kind services of grant administration and installation of the server racks by IMS. These funds will be used strictly to purchase materials and supplies necessary to mitigate hazards in the event of a major earthquake or bombing. Recommendation: It is recommended that the City Council adopt the necessary resolution and budget to accept and facilitate this grant. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment G.Grant Criteria:A grant will satisfy one of the following four criteria. This grant relates to 2. 1_In some cases, the General Fund or an Enterprise Fund of the City will use grant funding for projects or programs that have been identified by the Council for future funding. The General Fund or Enterprise Fund will provide funding once grant fundincL 2- Grant funding will be used when the use of the grant money will result in long-term financial savings or operating efficiencies. 3=Grant funding will allow the City to build internal capacity to continue the service in the future. 4- None of the above. Question 1 -Will this grant fund employee positions? No. What programs are funded with this grant and what are the performance measures of each program? Question 2 - What is the potential for continued grant funding for the position? This is a competitive grant that the City could apply for if federal funding availablity continues and City demonstrates a need. Question 3 -Is it expected that the positions can be eliminated once the grant funds are unavailable? NA. Question 4 -Is the program that the grant funds, a program that can accomplish its goals within the grant funding time frame? Yes. Question 5 - Will there be a significant service level impact on the community once the grant funds become unavailable? No. Question 6 -Does the grant duplicate services that are provided in the private or non-profit sector?Is there a better fit in another jurisdiction or entity? No. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Police FY02 Department For Fiscal Year Budget Transfer for PSB Bldo Services BA#5 04 Initiative Name Initiative Number Jerry Burton 799-3824 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Total $0 $0 $0 B.Expenditures Imoacte&bv Fund and Source: 1.General Fund Police Department Building Service Costs (45,700) Support Services Budget 45,700 Total $0 $0_ $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Total $0 $0 $0 C.Expenditure Impact Detail 1.Salaries and Wages 2.Employee Benefits 3.Operating and Maintenance Supply 4.Charges and Services 0 5.Capital Outlay 6.Other(Specify) Total $0 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E.Measured or measurable Impact on functions,structure and organization F.Issue Discussion:A complete justification will contain a discussion of each of the elements mentioned below; criteria,condition,effect,cause and recommendation. Criteria is a definition of what is expected or what can be expected.It provides a basis for comparison without which analysis cannot be effective.The criteria varies from issue to issue.In straightforward cases,it can be an ordinance or policy.In other cases,it may be an industry standard or comparable data from another city. Condition is a description of current practices.It is the information to which the criteria is compared. Effect is the difference,if any,between the condition and criteria.It is best described in terms of a dollar impact or a service level impact.If an effect cannot be identified,them is no finding. Cause is sometimes a difficult element to identify but is essential to a finding.It is simply identifying why the condition varies from the criteria.Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management or personnel issues. Recommendation is made in a way that addresses the cause.By doing so,it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: Support Services provides most building services to the Police Department. In the FY 02 budget,a portion of the cleaning costs remained budgeted in the department's budget. The recommendation is to decrease the Police Department's budget and increase Support Services budget in a budget neutral transfer. This will allow Support Services to collect all PSB related maintenance and service cost in one department. This one budget amendment will represent both sides of the transaction. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Police Department FY 01-02 Department For Fiscal Year Pioneer Precinct Soil Stablization BA#5 05 Initiative Name Initiative Number Jerry Burton 799-3824 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source; 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 1 $0 4.Other Fund SW Police Precinct Bond Interest (50,000) SW Police Precinct Soil Stabilization 50,000 Total $0 $0 $0 B.Expenditures Impacted_by Fund and Source' 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 i $0 $0 4.Other Fund SW Police Precinct Bond Interest (50,000) CIP Contingency (160,000) SW Police Precinct Soil Stabilization 210,000 - • Total $0 $0 $0 C.Expenditure Impact Detail 1.Salaries and Wages 2.Employee Benefits 3.Operating and Maintenance Supply 4.Charges and Services 5.Capital Outlay 6.Other(Soil Stabilization) 210,000 Total $210,000 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E.Measured or measurable Impact on functions,structure and organization F.Issue Discussion:A complete justification will contain a discussion of each of the elements mentioned below; criteria,condition,effect,cause and recommendation. Criteria is a definition of what is expected or what can be expected.It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue.In straightforward cases,it can be an ordinance or policy.In other cases,it may be an industry standard or comparable data from another city. Condition is a description of current practices.It is the information to which the criteria is compared. Effect is the difference,if any,between the condition and criteria.It is best described in terms of a dollar impact or a service level impact.If an effect cannot be identified,there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding.It is simply identifying why the condition varies from the criteria.Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management or personnel issues. Recommendation is made in a way that addresses the cause.By doing so,it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: As the Pioneer Precinct project design and development has progressed, testing of the existing structure and the ground it is built on has been ongoing. The City Engineer's office,with the use of an outside expert,determined the soil beneath the existing structure needs mitigation to assure that in the event of an earthquake,the building structure(which will meet seismic codes within existing budget) is not compromised by excess movement of the soil underneath. After meeting with City Engineering, Architect Firm Edward Daniels& Associates (EDA) and City Administration, the department proposes the following for council consideration. An additional $350,000 over-and-above the current project budget will be required to address this issue. Of the $350,000 additional project cost it is proposed the City Council appropriate $160,000 from the CIP Contingency fund balance, and $50,000 from interest earned on the project bond, totaling $210,000. The remaining $140,000 of the $350,000 in increased cost will be redirect from within the existing project budget. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Public Utilties-Water Utility Fund FY 01-02 Department For Fiscal Years Water Carryover Projects BA#5 06 Initiative Name Initiative Number Jim Lewis 483-6773 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A. Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1. General Fund Total $0 $0 $0 2. Internal Service Fund Total $0 $0 I $0 3. Enterprise Fund Water Utility Reserve Funds 9,843,000 Total $9,843,000 $0 $0 4. Other Fund Total $0 $0 $0 B. Expenditures Impacted by Fund and Source: 1. General Fund Total $0 $0 $0 2. Internal Service Fund Total $0 I $0 $0_ 3. Enterprise Fund Water Purchases 4,000,000 Water Carryover Projects 4,443,000 South Temple Water Line Replacement 1,400,000 Total $9,843,000 $0 $0 4. Other Fund Total $0 $0 $0 C. Expenditure Impact Detail 1. Salaries and Wages 2. Employee Benefits 3. Operating and Maintenance Supply 4. Charges and Services 4,000,000 5. Capital Outlay 5,843,000 6. Other(Specify) $0 Total $9,843,000 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E. Measured or measurable Impact on functions, structure and organization The Water Utility must amend the CIP program to complete projects started and budgeted last year in the amount of $4,443,000. The Water budget also needs to be adjusted $4,000,000 for the purchase of additional water the department may require for a potential drought. The Water Utility also requests funding the replacement of a water line on South Temple from Main Street to Virginia Street in the amount of$1,400,000 while a street reconstruction project makes this practical. F. Issue Discussion: A complete justification will contain a discussion of each of the elements mentioned below; criteria, condition, effect, cause and recommendation. Criteria: The required adjustment amounts to $9,843,000 from reserve funds, which are available. This adjustment will allow the department to meet its goals and continue to build the needed construction projects. A major portion relates to carryover projects budgeted last year and under construction this year. They are: 1. Watershed restrooms= $130,000. 2. Pilot treatment plant=$230,000. 3. Redesign City Creek Treatment Plant=$320,000. 4. A new voice telephone system and interactive voice response system=$113,000. 5. On going meter replacement program=$1,000,000. 6. Three new water treatment monitors for=$125,000. 7. Water line replacements=$2,525,000. This totals $4,443,000. Funding is also requested for the purchase of treated water estimated at $4,000,000 to allow the department to reserve more of our water for summer usage to cover possible water shortage. Funding is also requested for the construction of a replacement water line on South Temple from Main street to Virginia street in connection with the City road reconstruction project. The total amendment amounts to $9,843,000. Effect: Without funding projects would be delayed or stopped in the middle of construction. Drought conditions would further increase the need to impose rationing if water could not be purchased. Cause: With the many construction projects planned years in advance, some projects carryover to the next fiscal year and need refunding. Purchase of water for storage was caused by the 4 dry years. Recommendation: We recommend approval of the budget amendment to allow completion of the capital improvement projects. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Public Utilties-Stormwater Utility Fund FY 01-02 Department For Fiscal Year Stormwater Carryover Projects BA#5 07 Initiative Namen Initiative Number Jim Lewis 483-6773 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0I $0 $0 3.Enterprise Fund Stormwater Reserve Funds 1,696,000 Total $1,606,000 $0 I $0 4.Other Fund Total $0 $0 $0� B.Expenditures Impacted by Fund and Source; 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 I $0 $0 3.Enterprise Fund Stormwater Carryover Projects 1,555,000 South Temple Stormwater Line Replacement 141,000 Total $1,696,000 $0 $0 4.Other Fund Total $0 $0 -I $0 C.Expenditure Impact Detail • 1.Salaries and Wages 2.Employee Benefits 3.Operating and Maintenance Supply 4.Charges and Services 5.Capital Outlay 1,696,000 6.Other(Specify) Total $1,696,000 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E.Measured or measurable Impact on functions,structure and organization The Stormwater Utility requires this amendment to the CIP program to complete projects started and budgeted last year in the amount of$1,555,000. Also, the department is requesting funding for the construction of a replacement stormwater line on South Temple from Main Street to Virginia Street in the amount of$141,000 in connection with the street reconstruction project. F.Issue Discussion:A complete justification will contain a discussion of each of the elements mentioned below; criteria,condition,effect,cause and recommendation. Criteria:The required adjustment amounts to$1,696,000 from reserve funds.This adjustment will allow the department to meet its current needs and continue to construct the needed construction projects. The major portion of this adjustment relates to funding for carryover projects which were budgeted last year and under construction this year. Below is a list of each project carried over from last year: 1. American Beauty Drive $1,060,000. 2. Pioneer Road construction project $12,000. 3. Glendale Drive$55,000.4. Gladiola Street project$71,000. 5. 700 East from 900 south to 1300 south $166,000. 6. Catherine Street to Colorado $191,000. For a total of $1,555,000. Funding is also requested for the construction of a replacement water line on South Temple from Main street to Virgins street in connection with the City road reconstruction project in the amount of$141,000. The total amendment amounts to$1,696,000. Condition:To complete projects budgeted last year. Effect:Without funding projects would be delayed or stopped in the middle of construction. Cause: Due to the summer construction season projects are budgeted and started in one budget year and not completed until the next. This requires a new appropriation in the following year to allow completion of the projects. Recommendation:We recommend approval of the budget amendment to allow completion of the capital improvement projects. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Mayor's Office FY 01-02 Department For Fiscal Year Youth Programs BA#5 08 Initiative Name Initiative Number Charleen Sylvester 535-7705 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A. Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1. General Fund Total $0 $0 $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Youth City and Imagination Celebration,Fund 77 50,422 Total $50,422 $0 $0 B. Expenditures Impacted by Fund and Source: 1. General Fund Total $0 $0 $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 _ $0 4. Other Fund Youth City and Imagination Celebration, Fund 77 50,422 Total $50,422 $0 $0 C. Expenditure Impact Detail 1. Salaries and Wages 2. Employee Benefits 3. Operating and Maintenance Supply 4. Charges and Services 50,442 5. Capital Outlay 6. Other(Specify) Total $50,442 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E.Measured or measurable Impact on functions,structure and organization Major Impact F.Issue Discussion:A complete justification will contain a discussion of each of the elements mentioned below; criteria,condition,effect,cause and recommendation. Criteria is a definition of what is expected or what can be expected.It provides a basis for comparison without which analysis cannot be effective.The criteria vanes from issue to issue.In straightforward cases,it can be an ordinance or policy. Condition is a description of current practices.It is the information to which the criteria is compared. Effect is the difference,if any,between the condition and criteria.It is best described in terms of a dollar impact or e service level impact.If an effect cannot be identified,there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding.It is simply identifying why the condition varies from the criteria.Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management Recommendation is made in a way that addresses the cause.By doing so,it is most likely to result in improving the condition to be in line with the criteria. Criteria: The Mayor's Office has solicited and received various contributions from private donors for operational costs of the City's youth programs. Condition: These funds will be used for the operational costs associated with the implementation of the Youth City and Imagination Celebration programs. Effect: These programs target at-risk youth between the ages of 11 and 17 and provide them with the opportunity to participate in a variety of interesting and productive after-school activities. Cause:These are private donations to Salt Lake City and the Salt Lake City Foundation. Recommendation: It is recommended that the Council appropriate the necessary budget to facilitate these funds. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Community& Economic Development FY 01-02 Department For Fiscal Year Impact Fee Exemptions BA#5 09 Initiative Name Initiative Number David Dobbins , 535-7236 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A. Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1. General Fund Total $0 $0 $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Total $0 $0 $0 B. Expenditures Impacted by Fund and Source: 1. General Fund General Fund Contingency (15,825) 0 0 Impact Fee Account(Impact Fee Projects) 15,825 Total $0 $0 $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Total $0 $0 $0 C. Expenditure Impact Detail 1. Salaries and Wages 2. Employee Benefits 3. Operating and Maintenance Supply 4. Charges and Services 5. Capital Outlay 6. Other (Impact Fee Projects) 15,825 Total $15,825 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E.Measured or measurable Impact on functions,structure and organization F.Issue Discussion:A complete justification will contain a discussion of each of the elements mentioned below; criteria,condition,effect,cause and recommendation. Criteria is a definition of what is expected or what can be expected.It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue.In straightforward cases,it can be an ordinance or policy.In of Condition is a description of current practices.It is the information to which the criteria is compared. Effect is the difference,if any,between the condition and criteria.It is best described in terms of a dollar impact or a service level impact.If an effect cannot be identified,there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding.It is simply identifying why the condition varies from the criteria.Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management Recommendation is made in a way that addresses the cause.By doing so,it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: Criteria: The Impact Fee Ordinance allows for exemption from impact fees for affordable housing and for projects that receive financial support from the City or RDA. The General Fund must cover the value of exemptions. Condition: Three entities have received exemptions for their projects. Gary Nordhoff of Crownstone Development has built 6 affordable units, so he has received an exemption of $5340. The Habitat for Humanity has built 3 units and has received a$2670 exemption, and the Utah Opera has received a$7815 exemption. Effect: The General Fund must cover the exemptions. Cause: The impact fee ordinance outlines this requirement. Recommendation: The General Fund should cover the$15,825 exemptions. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Salt Lake City Department of Airports FY 01-02&02-03 Department For Fiscal Year Airport Budget Amendment,FTE Needs BA#5 10 Initiative Name Initiative Number J.C.Bingham/J.L.Moratalla 575-2918 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total • $0 $0 $0 3.Airport Enterprise Fund Airport Improvement Fund-Reserves 153,700 443,600 Airport Improvement Fund-PFC Airport Improvement Fund-State Grant Airport Improvement Fund-aip FAA Grant Total $153,700 $443,600 $0 4.Other Fund Total $0I $0 I $0H B.Expenditures Impacted by Fund and Source: 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Airport Enterprise Fund Airport Capital Improvement Program 153,700 443,600 Total $153,700 $443,600 $0 4.Other Fund Total $0 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Bud et Develo.ment and Bud•et Amendment C.Expenditure Impact Detail 1.Salaries and Wages 153,700 443,600 2.Employee Benefits 3 Operating and Maintenance Supply 4.Charges and Services 5 Capital Outlay 6.Other(Specify) Total $153,700 $443,600 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment D. Personnel Service Detail: FTE Grade/Step Amount Airport Operations Safety Specialist 11 117 $ 443,600 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E. Measured or measurable Impact on functions, structure and organization F. Issue Discussion: A complete justification will contain a discussion of each of the elements mentioned below; criteria, condition, effect, cause and recommendation. Criteria is a definition of what is expected or what can be expected. It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue. In straightforward cases, it can be an ordinance or policy. In of Condition is a description of current practices. It is the information to which the criteria is compared. Effect is the difference, if any, between the condition and criteria. It is best described in terms of a dollar impact or a service level impact. If an effect cannot be identified, there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding. It is simply identifying why the condition varies from the criteria. Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management Recommendation is made in a way that addresses the cause. By doing so, it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: Criteria: The Department of Airports is currently approved for a total of 548.80 full-time-equivalent (FTE) prositions for FY 2001/2002 and 552.80 FTE's for FY 2002/2003. Normally the Airport would requests new positions during the budget process, however with the urgency of these positions to be filled, this amendment request is necessary. Condition: As a result of the September 11 terrorist attacks, the FAA now requires that all vehicles entering the airport operations secure areas go through a checkpoint. This requires staffing of two checkpoints on a 24-hour basis. Effect: Until recently these gates were staffed by the National Guard troops assigned to the airport. With the recent reduction, National Guard troops will no longer be available. To provide coverage on a 24-hour basis at the two checkpoints, 11 additional employees are needed, increasing the FY 2001/2002 authorized FTE for the airport to 559.8 and 563.8 for FY 2002/2003. The salaries and benefits budget for FY 2001/2002 will be increased by $153,700 (to cover the remaining four months) and $443,600 for FY 2002/2003. Cause: With the new Federal Security Regulations adopted as a result of the September 11 terrorist attacks, and the unavialability of the National Guard troops, these new positions are required for compliance. These additional duties will be incorporated into the Curbside Specialist job and the job title changed to Airport Operations Safety Specialists. This change will provide variety in the curbside job and allows the employees to be rotated through the positions, providing relief from the weather elements. Recommendation: The Airport Advisory Board in its regulary scheduled meeting, approved this budget amendment on January 23,2002. The Airport Board and Staff recommends adoption of this budget amendment. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Housing and Neigborhood Development FY 01-02 Department For Fiscal Year Housing Trust Fund-RDA Grant-CED BA#5 11 Initiative Name Initiative Number Sherrie Collins 535-6150 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Miscellaneous Grant Fund 72-60011 677,000 Total $677,000 $0 $0 B.Expenditures Impacted by Fund and Source: 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund Miscellaneous Grant Fund 72-60011 677,000 Total $677,000 $0 I $0 C.Expenditure Impact Detail 1.Salaries and Wages 2.Employee Benefits 3.Operating and Maintenance Supply 4.Charges and Services 5.Capital Outlay 677,000 6.Other(Specify) Total $677,000 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment _ E.Measured or measurable Impact on functions,structure and organization Major Impact. F.Issue Discussion:A complete justification will contain a discussion of each of the elements mentioned below; criteria,condition,effect,cause and recommendation. Criteria is a definition of what is expected or what can be expected.It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue.In straightforward cases,it can be an ordinance or policy.In other cases,it may be an industry standard or comparable data from another city. Condition is a description of current practices.It is the information to which the criteria is compared. Effect is the difference,if any,between the condition and criteria.It is best described in terms of a dollar impact or a service level impact.If an effect cannot be identified,there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding.It is simply identifying why the condition varies from the criteria.Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management or personnel issues. Recommendation is made in a way that addresses the cause.By doing so,it is most likely to result in improving the condition to be in line with the cnteria. Issue Discussion: Criteria: CED/Housing and Neighborhood Development submitted a request for funds to the Redevelopment Agency of Salt Lake City to be used for Housing Trust Fund purposes. Condition: The RDA Agency Board of Directors approved Resolution No. 534.1 adopting the Budget, authorizing the grant to CED-Housing and Neighborhood Development. This request will increase the budget in the RDA/Housing Trust Fund-CED cost center. Effect: These funds will be used to pay all or part of land acquisition and the cost of installation, construction and/or rehabilitation of any building, facility, structure or other housing improvements, including infrastructure improvements related to "Affordable Housing" located in any project area within Salt Lake City, or;to pay part or all costs of land acquisition, or construction or rehabilitation of "Income Targeted Housing", or to replace housing lost as a result of redevelopment, economic development, or education housing development whether or not located in any project area within Salt Lake City. Cause: The term "Affordable Housing" means housing owned and occupied by or rented to persons and families of low or moderate income whose households'earnings do not exceed 120% of median income as defined by the US Department of Housing and Urban Development as adjusted for household size. The term "Income Targeted Housing"means housing to be owned or occupied by a family whose income is at or below 80%of median annual income for Salt Lake County. Recommendation: It is recommended that the City Council adopt the necessary budget to accept and facilitate this grant. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment G. Grant Criteria: A grant will satisfy one of the following four criteria. This grant relates to 2. —In some cases, the General Fund or an Enterprise Fund of the City will use grant funding for projects or programs that have been identified by the Council for future funding. The General Fund or Enterprise Fund will provide funding once grant funding 2- Grant funding will be used when the use of the grant money will result in long-term financial savings or operating efficiencies. 3—Grant funding will allow the City to build internal capacity to continue the service in the future. 4- None of the above. Question 9 - Will this grant fund employee positions? No. What programs are funded with this grant and what are the performance measures of each program? Housing Trust Fund/Housing related infrastructure improvements. Question 2 - What is the potential for continued grant funding for the position? NA Question 3 - Is it expected that the positions can be eliminated once the grant funds are unavailable? NA. Question 4 - Is the program that the grant funds, a program that can accomplish its goals within the grant funding time frame? Yes. Question 5 - Will there be a significant service level impact on the community once the grant funds become unavailable? Yes Question 6 - Does the grant duplicate services that are provided in the private or non-profit sector? Is there a better fit in another jurisdiction or entity? No. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Public Services Department FY 01-02 Department For Fiscal Year Pioneer Park Use Plan BA#5 12 Initiative Name Initiative Number Sherrie Collins/Greg Davis 6150/6397 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A.Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY_2002-03. .__.FY 2003-04- 1.General Fund Total $0 $0 $0 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund C/P Fund Contingency 25,000 Misc.72 Grant Fund 35,000 Total $60,000 $0 # $0 .13.Expenditures Impacted by Fund and Source; 1.General Fund Total $0 $0 $0-1 2.Internal Service Fund Total $0 $0 $0 3.Enterprise Fund Total $0 $0 $0 4.Other Fund C/P Fund Contingency 25,000 Misc.72 Grant Fund 35,000 Total $60,000 $0 $0 C.Expenditure Impact Detail • - 1.Salaries and Wages 2.Employee Benefits 3.Operating and Maintenance Supply 4.Charges and Services 60,000 5.Capital Outlay 6.Other(Specify) Total $60,000 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E. Measured or measurable Impact on functions, structure and organization Measurable Impact F. Issue Discussion: A complete justification will contain a discussion of each of the elements mentioned below; criteria, condition, effect, cause and recommendation. Criteria is a definition of what is expected or what can be expected. It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue. In straightforward cases, it can be an ordinance or policy. Condition is a description of current practices. It is the information to which the criteria is compared. Effect is the difference, if any, between the condition and criteria. It is best described in terms of a dollar impact or a service level impact. If an effect cannot be identified, there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding. It is simply identifying why the condition varies from the criteria. Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management Recommendation is made in a way that addresses the cause. By doing so, it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: Criteria: Salt Lake City Public Services Department applied for and can expect to receive funding from the City Parks Forum, a national non profit organization. The City Parks Forum, awards small grants of up to $35,000 for limited use which is to address facility deficiencies. Condition: The City will need to match the $35,000 with $25,000 of CIP contingencies or General Fund, Fund Balance. Effect: These funds will be used to retain a consultant to develop a plan for the revitalization and future use of Pioneer park. Recommendation: Public Services recommends that the City provide the required match and establish the necessary budget to facilitate the grant. CIP'Contingency Fund Balance(GF) Notes: + FY 2002 Appropriation $200,000 Amount appropriated in the CIP Budget + Closed-out CIP Projects $647,984 Placed in CIP Contingency during first budget opening - Seven Canyons Fountain ($49,400) Funded during the first budget opening - Liberty Park Playground ($30,000) Signed by Mayor - Baseball Diamond Reconstruct ($38,000) Funded during the second budget opening - Rotary Playground ($150,000) Adopted during fourth budget opening Current Balance $580,584 - Pioneer Police Precinct Soil Stabilization ($160,000) To be considered by Council on Mar 12 - Pioneer Park Use Plan ($25,000) To be considered by Council on Mar 12 Balance $395,584 Potential balance following BA#5 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Housing and Neighborhood Development. FY 01-02 Department For Fiscal Year HAND Adjustments-Grant BA#5 13 Initiative Name Initiative Number Sherrie Collins 535-6150 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A. Revenue Im•acted b Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1. General Fund Total $0 $0 _ $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Miscellaneous Grant Fund 72-72104 150 Miscellaneous Grant Fund 72-72122 900 Miscellaneous Grant Fund 72-22030 25,750 Total $26,800 $0 $0 B. Expenditures Impacted by Fund and Source: 1. General Fund Total $0 $0 $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Miscellaneous Grant Fund 72-72104 150 Miscellaneous Grant Fund 72-72122 900 Miscellaneous Grant Fund 72-22030 25,750 Total $26,800 $0 $0 C. Expenditure Impact Detail` 1. Salaries and Wages 2. Employee Benefits 3. Operating and Maintenance Supply 4. Charges and Services 5. Capital Outlay 26,800 6. Other(Specify) Total $26,800 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E. Measured or measurable Impact on functions, structure and organization Major Impact. F. Issue Discussion: A complete justification will contain a discussion of each of the elements mentioned below; criteria, condition, effect, cause and recommendation. Criteria is a definition of what is expected or what can be expected. It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue. In straightforward cases, it can be an ordinance or policy. In other cases, it may be an industry standard or comparable data from another city. Condition is a description of current practices. It is the information to which the criteria is compared. Effect is the difference, if any, between the condition and criteria. It is best described in terms of a dollar impact or a service level impact. If an effect cannot be identified, there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding. It is simply identifying why the condition varies from the criteria. Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management or personnel issues. Recommendation is made in a way that addresses the cause. By doing so, it is most likely to result in improving the condition to be in line with the criteria. Criteria: These funds were discovered by the US Department of Housing and Urban Development (HUD) when they completed a reconciliation of eleven years of HOME funding. They have not been previously budgeted. Condition: These errors were discovered by HUD and were identified when they reconciled their IDIS accounting system. HUD has requested that we spend these funds as soon as possible. Effect: HOME funds require that 15 percent of the amount awarded to the City be awarded to the City's CHDO. The City's CHDO is Neighborhood Housing Services. The remainder of funds will be allocated to the City's 1st Time Homebuyer Program. Cause: The Council passed the necessary resolution when the original grant was received. Recommendation: It is recommended that the City Council make the necessary increase adjustments to these budgets to accept and facilitate these HOME funds. Analyst Comments: Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment G. Grant Criteria: A grant will satisfy one of the following four criteria. This grant relates to 3. 1—In some cases, the General Fund or an Enterprise Fund of the City will use grant funding for projects or programs that have been identified by the Council for future funding. The General Fund or Enterprise Fund will provide funding once grant funding 2- Grant funding will be used when the use of the grant money will result in long-term financial savings or operating efficiencies. 3- Grant funding will allow the City to build internal capacity to continue the service in the future. 4- None of the above. Question 1 - Will this grant fund employee positions? No. What programs are funded with this grant and what are the performance measures of each program? NA Question 2 - What is the potential for continued grant funding for the position? NA Question 3 - Is it expected that the positions can be eliminated once the grant funds are unavailable? NA. Question 4 - Is the program that the grant funds, a program that can accomplish its goals within the grant funding time frame? Yes. Question 5 - Will there be a significant service level impact on the community once the grant funds become unavailable? Yes Question 6 - Does the grant duplicate services that are provided in the private or non-profit sector? Is there a better fit in another jurisdiction or entity? No. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Community& Economic Development FY 01-02 Department For Fiscal Year HAND Director BA#5 14 Initiative Name Initiative Number David Dobbins 535-7236 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A. Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1. General Fund Total $0 $0 $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Total $0 $0 $0 B. Expenditures Impacted by Fund and Source: 1. General Fund Hand Director Salary and Employee Benefits 23,000 92,000 94,750 General Fund Balance (23,000) (92,000) (94,750) Total $0 $0 $p 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Total $0 $0 $0 C. Expenditure Impact Detail 1. Salaries and Wages 18,750 75,000 77,250 2. Employee Benefits 4,250 17,000 17,500 3. Operating and Maintenance Supply 4. Charges and Services 5. Capital Outlay 6. Other(Specify) Total $23,000 $92,000 $94,750 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment D. Personnel Service Detail: FTE Grade/Step Amount Housing & Neighborhood Development Director 1 005 $23,000 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E. Measured or measurable Impact on functions, structure and organization F. Issue Discussion: A complete justification will contain a discussion of each of the elements mentioned below; criteria, condition, effect, cause and recommendation. Criteria is a definition of what is expected or what can be expected. It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue. In straightforward cases, it can be an ordinance or policy. In of Condition is a description of current practices. It is the information to which the criteria is compared. Effect is the difference, if any, between the condition and criteria. It is best described in terms of a dollar impact or a service level impact. If an effect cannot be identified, there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding. It is simply identifying why the condition varies from the criteria. Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management Recommendation is made in a way that addresses the cause. By doing so, it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: During the 2001-02 budget process, the Administration proposed the elimination of the Housing & Neighborhood Development Director position. At that time, the Administration felt that the department's Deputy Director for Business Development could handle both the responsibility of running the Housing & Neighborhood Development Division, plus performing business development duties. The City Council then adopted a budget that retained the position for the first six months of the 2002 fiscal year. It has since become clear that two positions are needed to meet these demands. The Department currently has filled the Deputy Director position with someone that is assigned to only economic development activities. There is now a need to hire a HAND Director to oversee division programs such as affordable housing, housing development, housing rehabilitation and relocation, code enforcement, neighborhood planning, and community development. This move will return the division to its past structure of having a HAND director and a deputy director. Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment Management Services FY 01-02 Department For Fiscal Year CIP Transfer to Impact Fee BA#5 15 Initiative Name Initiative Number Steve Fawcett 535-6399 Prepared By Phone Number Fiscal Impact of Proposed Change Biennial Period Proposed A. Revenue Impacted by Fund and Source: 1st Year 2nd Year 3rd Year FY 2001-02 FY 2002-03 FY 2003-04 1. General Fund CIP Fund Balance 410,000 Total $410,000 $0 $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Total $0 $0 $0 B. Expenditures Impacted by Fund and Source: 1. General Fund Impact Fee Project-Transfer to GF 410,000 Total $410,000 $0 $0 2. Internal Service Fund Total $0 $0 $0 3. Enterprise Fund Total $0 $0 $0 4. Other Fund Total $0 $0 $0 C. Expenditure Impact Detail 1. Salaries and Wages 2. Employee Benefits 3. Operating and Maintenance Supply 4. Charges and Services 5. Capital Outlay 6. Other(Impact Fee Exemptions) 410,000 Total $410,000 $0 $0 Salt Lake City Corporation Management and Fiscal Note Worksheet for Budget Development and Budget Amendment E. Measured or measurable Impact on functions,structure and organization F. Issue Discussion: A complete justification will contain a discussion of each of the elements mentioned below; criteria, condition, effect, cause and recommendation. Criteria is a definition of what is expected or what can be expected. It provides a basis for comparison without which analysis cannot be effective. The criteria varies from issue to issue. In straightforward cases, it can be an ordinance or policy. In of Condition is a description of current practices. It is the information to which the criteria is compared. Effect is the difference, if any, between the condition and criteria. It is best described in terms of a dollar impact or a service level impact. If an effect cannot be identified, there is no finding. Cause is sometimes a difficult element to identify but is essential to a finding. It is simply identifying why the condition varies from the criteria. Sometimes the answer is as simple as a change in policy or budget but often goes deeper into management Recommendation is made in a way that addresses the cause. By doing so, it is most likely to result in improving the condition to be in line with the criteria. Issue Discussion: Last June the City Council voted to reimburse the General Fund the $410,000 associated with the CIP Study conducted by CityGate and Associates. This is a legitimate expense that could be paid for with impact fee moneys. The appropriation of the transfer from the CIP Fund into the General Fund was made and adopted. The offsetting amount, the transfer from the CIP Fund was not made. It is necessary to make this appropriation out of the CIP Fund Balance to complete the e entry. DAVID DOBBIN5 u + ROSS C. "ROCKY" ANDERSON DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR COUNCIL TRANSMITTAL 0}-7 TO: Rocky Fluhart, Chief Administrative Officer0 DATE: February 27, 2002 J FROM: David Dobbins RE: A resolution authorizing the Mayor to sign and accept the grant award provided to the Public Services Department from the American Planning Association under The City Parks Forum. STAFF CONTACT: Sherrie Collins 535-6150 DOCUMENT TYPE: Resolution BUDGET IMPACT: $25,000 match needed from General Fund or CIP Contingencies DISCUSSION: The Public Services Department, under the Direction of the Mayor, applied for and received this grant in the amount of$35,000 from the American Planning Association (APA). These funds are to be used to develop a plan for the revitalization and future use of Pioneer Park in a partnership with APA,the City, Max Smith, the Pioneer Park Revitalization Sub-Committee,the Rio Grande Community Council,the SLC Arts Council, the Downtown Alliance, Artspace, the RDA, the Utah State Historical Society, and neighborhood social service agencies. The City will contract with a consultant to guide the development of a revitalization and use plan for Pioneer Park. These funds may not be used for any other purpose than to pay the consultant fees. The City will need to match the $35,000 with$25,000 of CIP contingency or General Fund fund balance. A request for the additional funds has been submitted to the Council in Budget Opening #5. 451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-6230 FAX: B01-535-6005 ®ReereEo PAPER RESOLUTION NO. OF 2002 AUTHORIZING SALT LAKE CITY TO ACCEPT THE AMERICAN PLANNING ASSOCIATION' S, CITY PARKS FORUM GRANT WHEREAS, The American Planning Association has awarded a $35, 000 . 00 City Parks Forum Grant to the Salt Lake City Public Services Department to hire a consultant to develop and prepare a plan for revitalization and future use of Pioneer Park, and; WHEREAS, the attached grant Award has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1 . It does hereby authorize and approve of SALT LAKE CITY CORPORATION accepting the $35, 000 . 00 American Planning Association' s, City Parks Forum Grant described in Exhibit —A" attached hereto, to expend for the purposes of : Hiring a consultant to develop a plan for the revitalization and future use of Pioneer Park. 2 . Ross C. Anderson, Mayor of Salt Lake City, Utah, is hereby authorized to receive said grant award and execute any and all subsequent agreements between the City and other entities resulting from the said Award on behalf of Salt Lake City Corporation, so long as such subsequent agreements do not depart substantively from the grant award approved herein. Passed by the City council of Salt Lake City, Utah, this day day of , 2002 . Salt Lake City Council By Chairperson ATTEST: Approved as to Form Salt Lake City' s Attorney' s Office Date : D/.� By:- j/ /2,1,4t1— REC'D FEB 2 0 2 t/F � "� . �., ,r `"-� s' � �rw 4 W$;_ "mac �+y s: q , Rr , >r F _ Fr +r ►, f tr Pp a rs Ff r Pr !r _ �. s 3 sa 3 .- ' w e!h - - �-,•w�< s : „twt �`". '.vim s _ `;e=a .,�c, .,. ..s, ,. Sl\4 THE CITY PAK S 0 U vi K f R A Fellowship for Mayors . their Park Advisors , and Community Leaders founding Fellows ws Mayor David L.Armstrong Lmiisvdlr February 12, 2002 Mayor Sharon Sayles Belton Minneapolis Mayor Marc H.Morial Ness Orleans The Honorable Ross C. "Rocky"Anderson Mayor Tom Murphy Pittsburgh. Salt Lake City Corporation 451 South State Street, Room 306 APA Staff Salt Lake City,UT 84111 Mary E.Eysenbach Director Megan S.Lewis,AICP Dear Mayor Anderson: Assistant Director We enjoyed meeting with you during the City Parks Forum symposium in Chicago. American Planning Association Due to your participation in our program, we are pleased to award a one-year grant of 22 SiMichigan Avenue ie lboo $ 35,000 to the Salt Lake City Corporation. icago,IL 60603 3I2.431.9100 312.431.9985 fax The terms and conditions of the grantthey project have are enclosed. If meet with www.cityparksforum.org cpf@planning.org your approval,please indicate your acceptance by signing the agreement and returning it to me. The first installment of the grant award, $17,500,will be sent to you upon our receipt of the signed agreement. In the meantime, one of the conditions of the agreement is that the APA will want to work with you on any press release about the grant and approve it before it's made public. Your staff may contact me directly about this matter. We are excited about the project and its positive impact on your constituents. As the Olympic Games will create a legacy for Salt Lake City, so will the revitalization of Pioneer Park. If you have any questions,please contact me at (312) 786-6395. Sicerely, % 1,1Catil G/ , .GS.j1 i" Mary Elf. Eys nbach,Director ,G L- , The City Parks Forum 'Z �� cP • Lk Enclosure ' IL ��� �,/l CVO A program of the American Planning Association funded by the Wallace Readers Digest I-unds and the Doris I)ukr Charitahle Iotimbnitrn `',„- '-7,-,*'''', :fit, , „"Y..--,.. 43�?-xx-, s., •:. .�� '''- ✓y .:.-tea m ,Y A ae s -.rs, .s. ,,. ,1Nf �w�,% , f'v ✓. _. } <. _ rig i t, ,. ►,. t i i z t I, a . i� -.. i IT p KK,,,s FoR , ,..;„,,„ A .1 elluvsltii.°; for '1ivors, th ii kid. Ak.1v sti s . dud _t,iii111 tin it . 1 t'EJP.1 ,1I.• Grant Terms and Conditions These Terms and Conditions set forth the terms of the one-year$ 35,000 Grant(the"Grant") by the American Planning Association (APA)to the Salt Lake City Corporation. References to the "Grant Terms and Conditions" shall include this document as well as any attachments. The Grant, which will only be considered approved as final upon the full execution of this document, is made subject to the Salt Lake City Corporation following terms and conditions: Program and Administrative Requirements 1. This Grant is to be used by the Salt Lake City Corporation to develop a plan for the revitalization and future use of Pioneer Park in partnership with APA , the Salt Lake City Corporation, Max Smith, Pioneer Park Revitalization Sub-Committee, Rio Grande Community Council, neighborhood social service agencies, Salt Lake City Arts Council, The Downtown Alliance, Artspace, Salt Lake City Redevelopment Authority, and the Utah State Historical Society. Specifically, the Salt Lake City Corporation will contract with a consultant to guide in the development of a revitalization and use plan for Pioneer Park, as detailed more fully in the proposal submitted to APA (attached). This Grant may not be used for any other purpose or program of the Salt Lake City Corporation. 2. APA, through its designated program staff, must be consulted in writing in advance, in the event that any aspect of the program is changed or redesigned. The designated APA staff person for this Grant is Mary Eysenbach, the Director of The City Parks Forum. Payment of Grant Funds 1. This Grant will be paid according to the following schedule, assuming compliance with the terms and conditions set forth herein: $17,500 upon APA's receipt of the signed Grant Terms and Conditions until the grant project is completed. Balance (up to $17,500)upon completion of the grant project and the submission of reports identified in the Reporting and Record Keeping Requirements of these Terms and Conditions. 2. These Grant funds are restricted to the uses as described above and are to be used as represented in the budget included with the proposal submitted to APA. These Grant monies • are not to be used in any other way or for any other purposes without the prior written approval of APA. Budget revisions of more than 25% in any major line item must be approved by APA prior to expenditures. — Reporting and Record Keeping Requirements 1. Salt Lake City Corporation will submit two reports on the progress of the project supported by this Grant. The first report form will be included with the first installment payment by APA to the Salt Lake City Corporation. The first report will be due to APA no later than August 31, 2002. The second and final report must be submitted upon completion of the project. In addition to the information requested in the forthcoming report guidelines, the reports should include the following: a. Copies of educational materials, brochures, reports, photographs and any other representative materials relating to the project(interim and final report). b. Copies of any media coverage generated by the project; (interim and final report). c. Project accounting information. Information should include a comparison of the actual expenses to the approved line item budget and an explanation for any overages and/or unspent funds. (interim and final report). d. Salt Lake City Corporation's most recent audited financial statements. (final report). Publicity and Acknowledgment Acknowledgment for this Grant should include: 1. A general acknowledgment of APA among Salt Lake City Corporation's list of annual funders in all appropriate programs,publications, web pages, and public announcements for the Grant period. 2. Use of the"American Planning Association" in any public documents pertaining to this Grant. Prominence of acknowledgment on all printed materials should be commensurate with the level of funding relative to other funding sources. 3. APA reserves the right to include information relating to the Grant in APA's periodic reports, newsletters or news releases or in other materials issued by or on behalf of APA. 4. APA will work with the Salt Lake City Corporation to develop a press release, which must conform to the following guidelines: a. APA should be named in the first paragraph. b. Provision should be made in the release for a quote from a representative of APA. c. The following description of The City Parks Forum should be included in the announcement: The City Parks Forum SMis a program of the American Planning Association, whose mission is to advance the art and science of urban, rural and regional land-use planning. For more information, visit APA's web site at www.planning.org. The City • Parks Forum sM is made possible by the Wallace-Reader's Digest Funds and the Doris • Duke Charitable Foundation. 5. The final version of the new release or any other form of announcement, and its release date, must be reviewed and approved by APA before the Grant is made public in any way. Conditions Necessitating a Refund of Grant Funds to APA If any of the following circumstances occur, APA may, at its discretion, in addition to other remedies available to it, require that Salt Lake City Corporation immediately repay the full amount of the Grant funds which were unspent as of the date of the occurrence. 1. The purpose of the Grant has been fully completed or the period of time indicated in the Grant proposal (attached) for the completion of the purpose of the Grant has expired (without being extended with the consent of APA). 2. The Salt Lake City Corporation, for any reason,becomes unable to carry out the purpose of the Grant stated in the Grant Description, or otherwise violates these Grant Terms and Conditions. No Assignment or Delegation Salt Lake City Corporation may not assign or otherwise transfer any of its rights or delegate any of its obligations under these Grant Terms and Conditions or with respect to the Grant. Accepted by the Salt Lake City Corporation Accepted and Agreed on this date: Salt Lake City Corporation By: Printed Name: Title: APPROVED AS TO FORM Salt Lake City Attorneys Office Date 0 • 1 ' Ar a."`Ugly J '3,�R�®D�� I��OO j ROSS C. ROCKY ANDERSON RICHARD GRAHAM ..w. �t�� r►ti� ',ROCKY" PUBLIC SERVICES DIRECTOR DEPARTMENT OF PUBLIC SERVICES MAYOR THE CITY PARKS FORUM Catalyst Grant Application Form Applicant Organization: Salt Lake City Corporation Address: 451 South State Street, Room 148 Salt Lake City, UT 84111 Project Contacts: Name:Rick Graham Phone: 801-535-7774 Email: rick.graham@ci.slc.ut.us Name:Stephen Goldsmith Phone: 801 535-7757 Email: stephen.goldsmith@ci.slc.ut.us Project Name: Revitalization and Use Plan for Pioneer Park Project Description: Salt Lake City will be retaining a consultant to guide the City and other stakeholders, including private, public and neighborhood community leaders, in the development of a plan for the revitalization and future use of Pioneer Park that will meet the following objectives: • Create a safe and welcoming place; • Preserve open-space as much as possible; • Maintain the park as a first rate destination for residents and visitors; • Continue to develop more programming that will animate the park on a daily basis; and • Increase the residential population around the park and support surrounding neighborhood businesses. The revitalization and use plan would be phase-one of a two-phase process. The plan would be based on input from a collaboration of many individuals within Salt Lake City (stakeholders) who have a vested interest in the revitalization and future enjoyment of this historic gathering place within the City, as well as the successful experience of other communities throughout the country, such as Portland, Oregon who have developed similar public spaces. 451 SOUTH STATE STREET, ROOM 148, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-7775 FAX: 801-535-7789 RECYCLED PAPER • • • Project's Relationship to the Case Problem: Salt Lake City presented a case problem to the members of the City Parks Forum relating to a historically significant urban park that is currently underdeveloped and underutilized. Pioneer Park,named for the Mormon pioneers who settled at the fort which originally stood on its site, is a ten acre park block in the middle of an area of the City which was, until recently, surrounded primarily by industrial and social service uses. For many years, the park was perceived to be unsafe for families to visit due to crime, drug use, and transient activity and other deleterious activities. Even today, some of these same perceptions continue to exist. In the last five years, the area around the park has begun a transformation: buildings surrounding the park have been renovated and opened to new housing and retail development; the park has been the focus of increased police attention; infrastructure improvements have been made within the park and surrounding area; and an effort is underway to increase the programming within the park. What is clear to all involved, however, is that the success of Pioneer Park depends on the identification of a permanent use or uses within the park that will maximize the public value of this park as an open space and community asset. Salt Lake City is seeking a Catalyst Grant to fund, in part, the development of this necessary revitalization and use plan for Pioneer Park. What indicator(s) will be used to measure progress? What is the baseline measurement(s) for the indicator? When will it be measured? Include any benchmarks if applicable: A baseline does not formally exist in which to measure progress against except to say that the City currently has a park site that is vastly under-utilized. The city will use the Catalyst Grant to hire a qualified consultant who will develop a schedule, including timelines, for the development of the revitalization and use plan. The schedule will include the number of, and proposed timeline for, meetings with City officials, planners and other participating stakeholders within the community, and define the process development steps that will be followed in moving toward a comprehensive use plan. A list of milestones will be developed based on the determined project schedule. The actual progress of the plan's development will be monitored by the project director and measured for compliance with the original dates projected for each milestone. A status report on these measurements will be prepared and submitted as directed by the City Parks Forum. • The project schedule (milestones) designed by the project consultant would look similar to this: • Secure project funding Catalyst Grant January 11, 2002 City/partners portion July 1, 2002 • Select a project consultant March 1, 2002 • Identify stakeholders/partners March 1, 2002 • Begin program development process March 15, 2002 • Conduct site inventory April 1, 2002 • Research other City experience June 1, 2002 • Produce draft use plan and distribute September 1, 2002 to stakeholders and community leaders for feedback • Hold public hearings October 1, 2002 • Adopt use plan November 30, 2002 List the partners involved in the project and the respective contribution of each: Partner Contribution • Mayor Ross C. Anderson oversight Stephen Goldsmith Project Manager Salt Lake City Planning Director Rick Graham Project Manager Salt Lake City Public Services Director Salt Lake City Planning Division staff expertise Max Smith, Architect in-kind contribution Pioneer Park Revitalization Sub-Committee in-kind contribution (Pioneer Park neighborhood business and community representatives) • Rio Grande Community Council in-kind contribution Neighborhood Social Service Agencies in-kind contribution Salt Lake City Arts Council staff expertise The Downtown Alliance in-kind contribution Artspace (non-profit) in-kind contribution Utah State Historical Society staff expertise Salt Lake City Redevelopment Agency staff expertise Salt Lake City Police Department staff expertise Salt Lake City Parks &Engineering Division staff expertise Project Budget: The projected cost to hire a qualified consultant is $100,000. A complete itemized cost breakdown is not known at this time. The budget does include all costs associated with equipment use, materials and supplies, contractual payments and travel. No capital costs will be incurred. Project Time Line: See above for timeline schedule. I hereby acknowledge that Salt Lake City Corporation is applying for The City Parks Forum Catalyst Grant and will comply with the guidelines set forth in the application instructions. (C) . i /V '„1/1 N, All 441 Printed or typed name and title of Chief Executive Officer of the Applicant Organization Signature of the Chief Executive Officer RICHARD GRAHAM ^�,�'� '`` A` a�1`v T�Y.,{ G� �P�O e. II,ON �� `+r '�+����� - ROSS C. "ROCKY" ANDERSON PUBLIC SERVICES DIRECTOR DEPARTMENT OF PUBLIC SERVICES MAYOR MEMORANDUM TO: Michael Sears Salt Lake City Council Sherri Hansen H.A.N.D. Capital Plannin FROM: Rick Graham Public Services D p ent DATE: February 27,2002 RE: Budget Amendment#5, Pioneer Park Revitalization and Use Plan Funding Budget Amendment#5 requests that$25,000 be taken from CIP Contingency to fund the development of a Revitalization and Use Plan for Pioneer Park. The City funds will be added to a$35,000 Catalyst Grant that the City has received from the American Planning Association(APA). The grant from the APA can only be used by the City to develop a plan for the revitalization and future use of Pioneer Park in partnership with the APA and representatives from local business, residents, community groups and agencies that have a vested interest in the park and surrounding community. In November 2001,Mayor Anderson,Rick Graham and Max Smith, representing the Pioneer Park Community, attended the City Parks Forum, which is a program sponsored by the APA. The mission of the forum is to advance the art and science of urban,rural and regional land-use planning. Mayor Anderson made a presentation at the Forum on the challenges the City is facing in discovering a long-term use plan for Pioneer Park. As a result of the City's participation in the Forum,the City was given a Catalyst Grant of $35,000. The City has committed to have the plan completed by November 30, 2002. For more information relative to the description of the project and the plan development process that the City would like to conduct,please refer to the attachment titled, Catalyst Grant Application Form. cc: Rocky Fluhart Steve Fawcett Greg Davis Attachment 451 SOUTH STATE STREET, ROOM 148, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: 801-535-7775 FAX: 801-535-7789 ®ncc.cco a.>cw RICHARD GRAHAM s '` `1�a�;�cs' T1\!���R�O In.4.101.woolv ROSS C. "ROCKY" ANDEll. PUBLIC SERVICES DIRECTOR DEPARTMENT OF PUBLIC SERVICES MAYOR THE CITY PARKS FORUM Catalyst Grant Application Form Applicant Organization: Salt Lake City Corporation Address: 451 South State Street,Room 148 Salt Lake City, UT 84111 Project Contacts: Name:Rick Graham Phone: 801-535-7774 Email: rick.graham@ci.slc.ut.us Name:Stephen Goldsmith Phone: 801 535-7757 Email: stephen.goldsmith@ci.slc.ut.us Project Name: Revitalization and Use Plan for Pioneer Park Project Description: Salt Lake City will be retaining a consultant to guide the City and other stakeholders,including private, public and neighborhood community leaders, in the development of a plan for the revitalization and future use of Pioneer Park that will meet the following objectives: • Create a safe and welcoming place; • Preserve open-space as much as possible; • Maintain the park as a first rate destination for residents and visitors; • Continue to develop more programming that will animate the park on a daily basis; and • Increase the residential population around the park and support surrounding neighborhood businesses. The revitalization and use plan would be phase-one of a two-phase process. The plan would be based on input from a collaboration of many individuals within Salt Lake City (stakeholders) who have a vested interest in the revitalization and future enjoyment of this historic gathering place within the City, as well as the successful experience of other communities throughout the country, such as Portland, Oregon who have developed similar public spaces. 451 SOUTH STATE STREET, ROOM 148, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-7775 FAX: 801-535-7789 Project's Relationship to the Case Problem: Salt Lake City presented a case problem to the members of the City Parks Forum relating to a historically significant urban park that is currently underdeveloped and underutilized. Pioneer Park, named for the Mormon pioneers who settled at the fort which originally stood on its site, is a ten acre park block in the middle of an area of the City which was, until recently, surrounded primarily by industrial and social service uses. For many years, the park was perceived to be unsafe for families to visit due to crime, drug use, and transient activity and other deleterious activities. Even today, some of these same perceptions continue to exist. In the last five years, the area around the park has begun a transformation: buildings surrounding the park have been renovated and opened to new housing and retail development; the park has been the focus of increased police attention; infrastructure improvements have been made within the park and surrounding area; and an effort is underway to increase the programming within the park. What is clear to all involved, however, is that the success of Pioneer Park depends on the identification of a permanent use or uses within the park that will maximize the public value of this park as an open space and community asset. Salt Lake City is seeking a Catalyst Grant to fund, in part, the development of this necessary revitalization and use plan for Pioneer Park. What indicator(s) will be used to measure progress? What is the baseline measurement(s) for the indicator? When will it be measured? Include any benchmarks if applicable: A baseline does not formally exist in which to measure progress against except to say that the City currently has a park site that is vastly under-utilized. The city will use the Catalyst Grant to hire a qualified consultant who will develop a schedule, including timelines, for the development of the revitalization and use plan. The schedule will include the number of, and proposed timeline for, meetings with City officials, planners and other participating stakeholders within the community, and define the process development steps that will be followed in moving toward a comprehensive use plan. A list of milestones will be developed based on the determined project schedule. The actual progress of the plan's development will be monitored by the project director and measured for compliance with the original dates projected for each milestone. A status report on these measurements will be prepared and submitted as directed by the City Parks Forum. The project schedule (milestones) designed by the project consultant would look similar to this: • Secure project funding Catalyst Grant January 11, 2002 City/partners portion July 1, 2002 • Select a project consultant March 1, 2002 • Identify stakeholders/partners March 1, 2002 • Begin program development process March 15, 2002 • Conduct site inventory April 1, 2002 • Research other City experience June 1, 2002 • Produce draft use plan and distribute September 1, 2002 to stakeholders and community leaders for feedback • Hold public hearings October 1, 2002 • Adopt use plan November 30, 2002 List the partners involved in the project and the respective contribution of each: Partner Contribution • Mayor Ross C. Anderson oversight Stephen Goldsmith Project Manager Salt Lake City Planning Director Rick Graham Project Manager Salt Lake City Public Services Director Salt Lake City Planning Division staff expertise Max Smith, Architect in-kind contribution Pioneer Park Revitalization Sub-Committee in-kind contribution (Pioneer Park neighborhood business and community representatives) Rio Grande Community Council in-kind contribution Neighborhood Social Service Agencies in-kind contribution Salt Lake City Arts Council staff expertise The Downtown Alliance in-kind contribution Artspace (non-profit) in-kind contribution Utah State Historical Society staff expertise Salt Lake City Redevelopment Agency staff expertise Salt Lake City Police Department staff expertise Salt Lake City Parks &Engineering Division staff ex ertise Project Budget: The projected cost to hire a qualified consultant is St4W000. A complete itemized cost breakdown is not known at this time. The budget does include all costs associated with equipment use, materials and supplies, contractual payments and travel. No capital costs will be incurred. Project Time Line: See above for timeline schedule. I hereby acknowledge that Salt Lake City Corporation is applying for The City Parks Forum Catalyst Grant and will comply with the guidelines set forth in the application instructions. i a SS V 'J44/, l ; 4 7V, Printed or typed name and title of Chief Executive officer of the Applicant Organization Signature of the Chief Executive Officer Analysis of Ex cutiv Positions by Departm nt Number of Executive Approximate Number of Employees to Budget Appropriation to Employees Positions Biennial Budget Executive Positions Ratio Executive Positions Ratio (w/Enterprise Funds) (#to one Executive) ($to one Executive) Public Services 622 5 $ 121,220,701 124 $ 24,244,140 Police Department 587 5 $ 87,933,346 117 $ 17,586,669 Department of Airports 553 5 $ 328,814,200 111 $ 65,762,840 Public Utilities 400 5 $ 181,266,917 80 $ 36,253,383 Fire Department 365 3 $ 55,419,035 122 $ 18,473,012 Management Services 181 6 $ 162,933,006 30 $ 27,155,501 Community& Economic Development 129 6 $ 41,596,689 22 $ 6,932,782 City Attorney's Office 37 4 $ 12,722,559 9 $ 3,180,640 Note: The above graph does not include executive positions within the Mayor's Office (4), Office of the City Council (2), RDA Director(1), Olympic Opportunity Director(1), or Justice Court Judges. J o 0 2002 SAI; ' �4 'CITY"CORPO 'RATIOI I MAX G. PETERSON, P.E. - � ROSS C. "ROCKY" ANDERSON CITY ENGINEER COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR ENGINEERING DIVISION i/(/ TO: Mr. ROCKY FLUHART DATE: DECEMBER 4, 2001 CHIEF ADMINISTRATIVE OFFICER FROM: RICK GRAHAM—PUBLIC SERVICES DIRECTOR REFERENCE: A resolution authorizing the Mayor to sign an interlocal agreement between Salt Lake City Corporation and the Utah Department of Transportation for the reconstruction of South Temple from Main Street to Virginia Street. STAFF CONTACT: Rick Johnston, 535-6232 CA RECOMMENDATION: The City Council schedules this item on its agenda. DOCUMENT TYPE: Resolution BUDGET IMPACT: The funding for the local match requirement for this project ($869,849) has already been approved by the City Council through the 1999/2000 Capital Improvement Program budget process. The cost center is 83-00041-2700: $728,849 & 53- 10201-2773.10: $141,000. The IFAS # is 83100013 and the activity code is 672. 57- 0/30/- 2773. /0.• / Soo, 000 jW,/y/oz DISCUSSION: Federal Highway Surface Transportation Program funding has been approved in the amount of$10,500,000 for reconstruction of this roadway. The project will involve reconstruction of deteriorated roadway pavement, curb and gutter and installation of improved storm drainage, traffic signals, streetscape landscaping and other historical streetscape enhancements. This project has been reviewed with the appropriate community council representatives and abutting property owners as well as the South Temple Advisory Committee and the Historic Landmark Commission. The required local match of$869,849 has already been budgeted. Design of this project is nearing completion with project bidding scheduled for this February/March. Actual construction is scheduled to begin in the spring of 2002 and be completed by the fall of 2003. In November, 1998 Council directed a traffic study be added to our design process to identify how traffic will be managed during construction of this project. That study, which was completed by Korve Engineering includes numerous recommendations for managing traffic during construction. The attached discussion paper outlines those recommendations. Attachment 324 SOUTH STATE STREET, SUITE 310, SALT LAKE CITY, UTAH 841 1 1 TELEPHONE: 801-535-7961 FAX: 801-535-6093 .A I'7� (�accvceo enrcw RESOLUTION NO. OF 2002 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND UTAH DEPARTMENT OF TRANSPORTATION 'WHEREAS, Title 11, Chapter 13, Utah Code Aim., 1953, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as follows: 1. It does hereby approve the execution and delivery of the following: A COOPERATIVE AGREEMENT MODIFICATION 1, PRECONSTRUCTION & CONSTRUCTION REIMBURSEMENT PROGRAM, BETWEEN THE UTAH DEPARTMENT OF TRANSPORTATION AND SALT LAKE CITY CORPORATION REGARDING THE SOUTH TEMPLE, STATE STREET TO VIRGINIA PROJECT, LOCATED AT SOUTH TEMPLE FROM STATE STREET TO VIRGINIA STREET, PROJECT NO. STP-2328(1)0. 2. Ross C. "Rocky"Anderson, Mayor of Salt Lake City, Utah, or his designee, is hereby authorized to approve said agreement on behalf of Salt Lake City Corporation, subject to such minor changes which do not materially affect the rights and obligations of the City thereunder and as shall be approved by the Mayor, his execution thereof to constitute conclusive evidence of such approval. Passed by the City Council of Salt Lake City, Utah, this day of , 2002. SALT LAKE CITY COUNCIL By: CHAIRPERSON , SOUTH TEMPLE DISCUSSION PAPER BACKGROUND Engineering is in the final stages of design and bid document preparation for the South Temple reconstruction project (Main Street to Virginia Street). This $11 million project is an approved Federal Highway Administration STP project with 93% of funding to come from FHWA funds and the remaining 7% coming from previously budgeted city funds. In November,1998, Council approved an interlocal cooperative agreement between the Utah Department of Transportation and Salt Lake City for allocation of funding for this project, and a contract with RB&G Engineering for final design and preconstruction services. Construction of this project was scheduled for the construction years of 2000 and 2001, but was delayed for two years to allow for completion of the University Light Rail project during the 2000/2001 time frame. During the approval process for the above agreements, Council directed a traffic study be added to the consultant agreement to identify where traffic will flow and how traffic will be managed during the construction of this project. This study was completed by Korve Engineering, a traffic subconsultant to RB&G Engineering. With the University LRT project moving towards its fall, 2001 completion, and design nearing completion for South Temple, Engineering is proposing the scheduling of South Temple construction to occur from April, 2002 to November, 2003. This schedule will coincide with the proposed schedules of two other street construction projects in the general vicinity; University Medical Center LRT construction from the stadium to the University Medical Center, and Guardsman Way reconstruction from 500 South to Sunnyside Avenue. Concerns were raised in the community of the possible conflict these project schedules would have on each other. These concerns were addressed along with a project update of the above three projects at a community meeting held August 31, 2001. Community Council leaders, South Temple Advisory Committee members, Traffic Advisory Committee members, South Temple property owners and representatives from the University of Utah were invited to this meeting. ANALYSIS The South Temple Reconstruction Traffic Impact Analysis report completed by Korve Engineering involved a detailed analysis of the traffic impact imposed by the project. The report developed and studied numerous methods to minimize construction impacts on abutting properties and businesses and to reduce impacts to traffic flow in surrounding neighborhoods. In addition, RB & G Engineering has studied the constructability of this project in light of the traffic impact analysis in an effort to develop meaningful and realistic requirements for the construction contractor which will meet the goals of minimizing construction impacts while ensuring a quality construction product. Based on these efforts, the following measures are recommended for inclusion in the construction contract specifications for the South Temple reconstruction project. , reCOrc� � Project Number: STP-2328(1)0 Project Name: SOUTH TEMPLE; STATE STREET TO VIRGINIA COOPERATIVE AGREEMENT MODIFICATION-1 PRECONSTRUCTION & CONSTRUCTION REIMBURSEMENT Program (FEDERAL PARTICIPATION) THIS Cooperative Agreement No. ,made and entered into this day of ,20_,by and between the Utah Department of Transportation hereinafter referred to as "UDOT", and SALT LAKE CITY CORP., State of Utah, acting through its Mayor hereinafter referred to as "LOCAL AUTHORITY", witnesseth that: WHEREAS, the parties to this agreement desire to provide for the project, SOUTH TEMPLE; STATE STREET TO VIRGINIA, financed in part from Federal-aid highway funds, said project located at South Temple from State Street to Virginia(1350 East)and identified as project number STP-2328(1)0;and WHEREAS, the LOCAL AUTHORITY agrees to pay all costs of the project, less the eligible amount reimbursed to UDOT by the Federal Government,and that through their consultant selection process has selected RB&G, hereinafter referred to as "CONSULTANT", as their Consultant Project Engineer to perform Construction Engineering; and WHEREAS, the LOCAL AUTHORITY agrees to comply with the applicable UDOT and Federal Highway Administration (FHWA)Federal-aid Program Procedures and Standards for the project; and WHEREAS,UDOT's Policy for Construction Engineering on Local Government Projects provides that UDOT not perform construction engineering for local government projects,unless a hardship exists and substantial savings can be realized by using UDOT construction engineering, and UDOT construction resources are available; and WHEREAS, by law,UDOT may not expend State Funds on any local government project: NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Description of Work Involved: The work covered by this agreement shall commence upon advertisement of the project, and shall consist of the following: a. UDOT shall: (l) Award the project,with concurrence from the LOCAL AUTHORITY,using UDOT procedures. (2) Provide a Project Manager for the project. (3) Provide Technical Assistance and Engineering Services to the CONSULTANT only if such Technical Assistance and Engineerine Services are requested in writing from the CONSULTANT and are not available from other private consultants. (4) Charge appropriate costs for all Technical Assistance and Engineering Services to the CONSULTANT. (5) Charge appropriate costs for all project management to the project. 2. Liability: LOCAL AUTHORITY agrees to hold harmless and indemnify UDOT, its officers, employees and agents(Indemnities)from and against all claims,suits and costs,including attorneys' fees for injury or damage of any kind, arising out of the LOCAL AUTHORITY'S negligent acts, errors or omissions in the performance of this project, and from and against all claims, suits and Project Number: STP-2328(1)0 Project Name: SOUTH TEMPLE; STATE STREET TO VIRGINIA costs, including attorneys'fees for injury or damage of any kind, arising out of Indemnities' failure to inspect,discover,correct,or otherwise address any defect,dangerous condition or other condition created by or resulting from LOCAL AUTHORITY's negligent acts, errors or omissions in the performance of this project. Any periodic plan and specification review or construction inspection performed by UDOT arising out of the performance of the project does not relieve the LOCAL AUTHORITY of its duty in the performance of this project or to ensure compliance with acceptable standards. 3. Financing of Project: The costs shown below are only ESTIMATES. Actual costs exceeding any funds outside the Utah State Transportation Commission approved STIP amount will be paid by the LOCAL AUTHORITY. The funding percentages match applies to the Transportation Commission approved STIP amount only. Any request for additional funding outside of that amount will require the LOCAL AUTHORITY to make an official request to their 1VIPO or the Joint Highway Committee and the Transportation Commission. An amendment may be required to the STIP with advertisement to the public if approved by the Transportation Commission. 2 Project Number: STP-2328(1)0 Project Name: SOUTH TEMPLE; STATE STREET TO VIRGINIA FEDERAL FEDERAL NON- PARTICIPATING PARTICIPATING Preliminary Engineering: UDOT In-house Design Costs $ $ Consultant Design Costs $650,000.00 Right-of-way: UDOT Review, Services,and Technical Assist. $50,000.00 $ Acquisitions and Appraisals $ $ Utilities/Historical Research $15,817.00 $ Construction Phase & Contract $9,630,000.00 $141,000.00 Public Utilities (Salt Lake City) $1,300,000.00 UDOT Construction Monitoring $100,000.00 $ Consultant Construction Engineering $700,000.00 $ ESTIMATE TOTAL: PARTICIPATING/NON-PARTICIPATING COSTS $11,145,817.00 $1,441,000.00 GRAND TOTAL (Participating+Non-participating) $12,586,817.00 Federal Funds 93.23% $10,391,245.00 Local Match 6.77% $754,572.00 Local Authority Non-participating Costs $1,441,000.00 Local Authority Match and Non-participating Costs $2,195,572.00 Less Local Match Already on Deposit for $39,872.00 Preconstruction Phase Local Authority Deposit Required $2,155,700.00 3 Project Number: STP-2328(1)0 Project Name: SOUTH TEMPLE; STATE STREET TO VIRGINIA NOTE: The Utah State Transportation Commission has approved $11,145,817.00 in total funds for this project. Any additional participating project costs above this amount shall be paid by the LOCAL AUTHORITY. a. Payment of LOCAL AUTHORITY Match For Construction: Upon signing this agreement, the LOCAL AUTHORITY will pay its matching share for construction phase estimated at($2.155,700.00). The LOCAL AUTHORITY shall make a check payable to the Utah Department of Transportation referencing the project number STP-2328(I)0. Payment should be mailed to the UDOT Comptroller's Office, 4501 South 2700 West, Salt Lake City, Utah 84119-5998. b. UDOT Technical Assistance and Engineering Services: The CONSULTANT shall pay all costs (both direct and indirect)for any Technical Assistance or Engineering Service performed by UDOT relative to this project. c. Construction: The LOCAL AUTHORITY shall pay all costs of construction and construction engineering, less the eligible amount reimbursed to UDOT by the Federal Government. The Joint Highway Committee limits federal participation in construction engineering costs to 20 percent of the construction contract costs for local government projects, provided that the average statewide cost for construction engineering does not exceed the 15 percent limit required by the Federal Government. Construction engineering includes UDOT Project Management and Consultant Construction Engineering. d. Consultant Construction Engineering: The LOCAL AUTHORITY shall submit four copies of billings with attached supporting data for costs incurred to the UDOT Project Manager. The LOCAL AUTHORITY and the UDOT Project Manager shall certify and approve the billings and forward to the UDOT Consultant Services Accountant within the Comptroller's Office. UDOT shall pay the Consultant for the LOCAL AUTHORITY, by a separate Engineering Services contract for work covered by the billing. e. Under runs: If the deposited amount stated above exceeds the LOCAL AUTHORITY's total share of project costs, UDOT will return the amount of overpayment to the LOCAL AUTHORITY. f. Overruns: If project costs exceed the estimated amount, the LOCAL AUTHORITY shall pay its matching share for the overruns. Should the LOCAL AUTHORITY fail to reimburse UDOT for costs that exceed the federal reimbursement, federal funding for other LOCAL AUTHORITY projects or B&C road funds may be withheld until payment is made. g• Final Inspection and Acceptance: The UDOT Comptroller shall provide the LOCAL AUTHORITY with a final invoice after final inspection and acceptance of the project by the FHWA. If the deposited amount stated above exceeds the LOCAL AUTHORITY's share of the project, UDOT shall return the amount of overpayment to the LOCAL AUTHORITY. If the project overruns in costs, the LOCAL AUTHORITY shall pay its 4 Project Number: STP-2328(1)0 Project Name: SOUTH TEMPLE; STATE STREET TO VIRGINIA share of the additional amount required for completion of the work within 90 days after receiving the final invoice. Federal funds for future projects may be withheld until payment is made. UDOT shall furnish a quarterly statement to the LOCAL AUTHORITY and UDOT Project Manager showing costs charged to the project. 4. Construction Change Orders: An authorized LOCAL AUTHORITY official shall approve all construction change orders. 5. Certification of Consultant Selection Process: The LOCAL AUTHORITY certifies that the consultant selection process used for obtaining the CONSULTANT for this project is in conformance with UDOT and FHWA requirements. Failure to conform to these requirements may result in loss of Federal funds for the project. 6. Maintenance: The LOCAL AUTHORITY shall properly maintain and restore each type of roadway, structure and facility as nearly as possible in its original condition as constructed or improved in accordance with State and Federal requirements. Future utility installations will be made according to UDOT's "Regulations for the Accommodation of Utilities on Federal-aid and Non Federal-aid Highway Right-of-Way." 7. Parking Regulation and Traffic Control: After the effective date of this agreement,no changes in parking regulations and traffic control will be made on this project without prior approval of the Federal Highway Administration unless the LOCAL AUTHORITY has a functioning traffic engineering unit with the demonstrated ability, as determined by the UDOT,to apply and maintain sound traffic operations and control. Any requests for revisions should be submitted through UDOT's Region Director. 8. Inter-local Co-operation Act Requirements: a. This agreement shall be authorized by resolution of the governing body of each party to Section 11-13-17 of the Inter-local Co-operation Act, Utah Code Title 11,Chapter 13, as amended(the "Act"); b. This agreement shall be approved as to form and legality by a duly authorized attorney on behalf of each party, pursuant to Section 11-13-9 of the Act; c. A duly executed original counterpart of this agreement shall be filed with keeper of records of each party,pursuant to Section 11-13-10 of the Act; d. Except as otherwise specifically provided herein, each party shall be responsible for its own costs of any action done pursuant to this agreement, and for any financing of such costs; and e. No separate legal entity is created by the term of this agreement. To the extent that this agreement requires administration other than as set forth herein, it shall be administered by the mayor of the LOCAL AUTHORITY and the Region Director of UDOT, acting as a joint board. No real or personal property shall be acquired jointly by the parties as a 5 • Project Number: STP-2328(1)0 Project Name: SOUTH TEMPLE; STATE STREET TO VIRGINIA result of this agreement. To the extent that a party acquires, holds, or disposes of any real or personal property for use in the joint or cooperative undertaking contemplated by this agreement, such party shall do so in the same manner that it deals with other property of such party. 9. REPRESENTATION REGARDING ETHICAL STANDARDS FOR LOCAL AUTHORITY OFFICERS AND EMPLOYEES AND FORMER LOCAL AUTHORITY OFFICERS AND EMPLOYEES: UDOT represents that it has not: (1) provided an illegal gift or payoff to a LOCAL AUTHORITY officer or employee of former LOCAL AUTHORITY officer or employee,or his or her relative or business entity; (2) retained any person to solicit or secure this contract upon an agreement or understanding for a commission,percentage,brokerage or contingent fee,other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; (3) knowingly breached any of the ethical standards set forth in the LOCAL AUTHORITY's conflict of interest ordinance,Chapter 2.44,Salt Lake City Code; or(4)knowingly influenced,and hereby promises that it will not knowingly influence,a LOCAL AUTHORITY officer or employee or former LOCAL AUTHORITY officer or employee to breach any of the ethical standards set forth in the LOCAL AUTHORITY's conflict of interest ordinance, Chapter 2.44,Salt Lake City Code. 6 + r Project Number: STP-2328(1)0 Project Name: SOUTH TEMPLE; STATE STREET TO VIRGINIA IN WITNESS THEREOF,the parties hereto have caused these presents to be executed by their duly authorized officers as of the day, month, and year first above written. AUTHORIZED LOCAL AUTHORITY OFFICIAL: SALT LAKE CITY CORP. By: Title: Date: APPROVED AS TO FORM Salt Lake City Attorney's Office Printed Name: ATTEST: Date 17 't6.-0 B Deputy City Recorder UTAH DEPARTMENT OF TRANSPORTATION REGION OFFICE: By: Title: Region Director Date: UTAH DEPARTMENT OF TRANSPORTATION: Project Management Administration signature required when the standard boilerplate agreement has been modified. 0 Check box if Project Management Administration signature is required. By: Title: James C.McMinimee, Project Management Director Date: By: Title: Contract Administrator Date: This form agreement has been reviewed and approved by the designated representative of the Attorney General. 7 Salt Lake City Council Office Memo To: Council Members Front Michael Sears,Budget&Policy Analyst CC: Cindy Gust-Jenson,Mayor Anderson,Rocky Fluhart,Jay Magure,Margaret Hunt,David Dobbins,Luann Clark,Greg Johnson,Sandi Marler,Karen Wiley Date: March 4,2002 Re: Mayor's Presentation of CDBG/ESG/HOME/HOPWA Budget Recommendations; CDBG/ESG/HOME/HOPWA Budget History and Overview File: CDBG/ESG/HOME/HOPWA 28th Year(FY2002-03) On Tuesday, March 5, 2000, the Mayor will present his recommended budgets for the use of the 2002-2003 Federally allocated Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships Program (HOME) and Housing Opportunities for People with AIDS (HOPWA) monies. After his presentation, Council Members will receive a spreadsheet that shows each project that applied for funding,the funding request,the funding level recommended by the Community Development Advisory Committee (CDAC) or Housing Advisory and Appeals Board (HAAB), and the Mayor's recommended funding level. Council Members will also receive comprehensive descriptions for each project that applied for funding. The annual appropriations of CDBG, ESG,HOME and HOPWA are distributed to Salt Lake City by the U.S. Department of Housing and Urban Development(HUD. In 1995,Salt Lake City submitted a five-year consolidated plan for the CDBG, ESG and HOME programs, which defined how Salt Lake City planned to use its housing and community development resources to meet policy objectives. Each year thereafter, the Mayor proposed a one-year action plan, or budget for these programs, and reported on the past year's accomplishments in a Consolidated Annual Performance and Evaluation Report(CAPER). The City Council then made the changes deemed necessary and finalized the one-year action plan for submission to the U.S. Department of Housing and Urban Development(HUD). In FY2000-2001, a new five-year consolidated plan was prepared by the City and adopted by the Council for submission to HUD, in addition to the one-year budget for each program. The Consolidated Plan is available for review by Council Members. Attached is an overview of the purpose, process, and funding requirements for the CDBG, ESG, HOME and HOPWA program, as well as a history of the budgets approved by the Council for these programs for the last eight years. The City Council reviewed the policies that the Council has historically observed with respect to the CDBG, ESG and HOME programs in February 2000. The HOPWA program was added in fiscal year 2001. The Council agreed to keep each of the following policies, but to reevaluate yearly as needed: • The Council will not consider awarding CDBG, ESG, HOME or HOPWA funding to any organization unless an application for funding was received. This allows the City to meet federal requirements that all programs/projects funded are the subject of a public participation process. • Due to limitations of future CDBG funds by the federal government,it is the intent of the City Council that administrative and operational support not be increased for existing programs and not be provided to new programs absent extenuating circumstances. • It is the intent of the City Council to only consider CDBG-eligible projects and programs located within the City's jurisdictional limits for funding. During past briefings on the Council's historic CDBG, ESG, HOME and HOPWA policies,Council Members raised several policy issues, each of which will be included in Council staffs analysis of the Mayor's Recommended CDBG,ESG,HOME and HOPWA budgets: • Council Members had expressed a concern that CDBG projects are funded for design,but never get funded for construction. Council staff will include in the staff report a listing of those projects that have been designed but not constructed, as well as a ratio of projects recommended for design versus construction as requested by the Council. • Council Members expressed an interest in knowing what percentage of the recommended budget was allocated to administration or operating costs,versus one-time"bricks and mortar" or capital projects. Council staff will include this analysis in the staff report. • Council Members indicated a desire to know which projects submitted by City departments were also on the City's inventory of capital needs. Staff will provide this analysis. Historically, when CIP projects fall in CDBG-eligible areas, City departments have applied for CDBG funding. If funding was not awarded, those projects then competed for funding within the annual CIP budget. • Council Members raised some questions about CDBG allocations being used to fund projects submitted by City departments rather than from community or neighborhood groups. There is no requirement or restriction from HUD regarding the allocation of CDBG dollars to projects initiated by the administering agency. CDBG funding could be considered a way to augment the City's dwindling resources in order to accomplish community goals and objectives. The Council may wish to revisit the practice of funding City-initiated projects if this practice is of concern to Council Members. • Council Members asked whether the Council could commit multi-year funding in order to finance large projects. While a current Council cannot legally bind a future Council by appropriating future CDBG allocations (and because annual CDBG allocations are dependent •Page 2 on the Federal budget), the Council has some tools with which to plan for the financing of major projects. First, the Council can indicate its intent,which is not binding, to fund a project over a period of years. The Council did this in 1998 and 1999 with the construction of the Central City Senior Center, funding half of the project in 1998 and half of the project in 1999. The City simply "holds" the first allocation until the entire budget is appropriated for construction. Second, the Council can utilise Section 108 loans to fund large CDBG-eligible projects. A Section 108 loan is similar to Motor Fuel Excise Tax (MFET) bonding, in that it borrows against future CDBG allocations, like the City has borrowed against future Class C allocations. The City must be able to prove that the City could finance the project and pay back the loan in the event that future CDBG funding became limited. The Council and Administration utilized this funding mechanism in 1989 in order to purchase a property(the Canterbury Apartments)for the Salt Lake Community Development Corporation (SLCDC), as they were at risk of defaulting on the bonds, which they used to purchase the rental properties. The purchase of the building was deemed to be in keeping with the community development and housing objectives of the CDBG program. In this instance, the City borrowed against a portion of 5 years of future CDBG funding,purchased the Canterbury and financed repairs at the Ben Albert Apartments. The rents from the Canterbury and CDBG funds were used to pay off the Section 108 loan. The properties have now been deeded by the City to the Housing Authority,who will begin(in 2006) to pay the City back, over a period of 10 years,for a portion of the original loan. The City made this policy decision for two purposes: 1) to contribute to community housing development, and 2)to solidify the CDC's bond situation,since to default would have reflected negatively on the City's bonding ability. Council staff will address each of the Council's policy issues within the analysis of the Mayor's Recommended CDBG, ESG, HOME and HOPWA budgets. Council Members may wish to communicate additional policy questions or requests for information to Council staff to be addressed within the analysis. The Council is tentatively scheduled to hold a public hearing on the Mayor's Recommended CDBG, ESG, HOME and HOPWA budgets on April 9. Briefings with the Council on the Mayor's Recommended CDBG, ESG, HOME and HOPWA budgets are tentatively scheduled for March 5,April 2,9 and 16. The Council may wish to consider approving the budgets, with any desired revisions,on April 16,as the Administration will need to prepare a final document to submit to HUD. •Page 3 CITY COUNCIL CDBG/ESG/HOME/HOPWA FUNDING HISTORY 1994-2002 April, 1994 (20th Year CDBG): The City Council opted to use its legislative oversight in the CDBG budget process at a level previously not experienced in Salt Lake City. The Council was very concerned with funding dedicated to the Salt Lake Association of Community Councils and adopted the following legislative intent statements to address the concerns: • It is the intent of the City Council that the Salt Lake Association of Community Councils(SLACC) provide quarterly reports to the City Council regarding SLACC activities. Further, it is the intent of the Council that SLACC establish measurable goals and clear policies which outline the mission of SLACC, services available to community councils, and other pertinent information. In addition, it is the intent of the Council that future SLACC CDBG funding decisions be based on SLACC's efforts to provide education, leadership training, and mediation support to meet community council needs. • In keeping with the original appropriation of CDBG funding for SLACC, it is the intention of the City Council that SLACC be strongly encouraged to seek a wide variety offending sources including private contributions,public/private partnership opportunities, etc. to assure that CDBG is not the sole source of funding, but is part of a strong funding mix. The Council adjusted the Mayor's proposed CDBG budget as follows: Program Mayor's Council Adopted Recommended Housing&Economic Development $720,065 $650,065 NHS Revolving Loan Fund 85,000 75,000 Utah Housing Coalition 20,000 0 200 South Median and Street Design 0 15,000 Washington/Jefferson Street Design 0 20,000 Alzheimer's Wildlife Grove 20,000 0 Euclid Street Improvements 20,000 0 Herman Franks Park Improvements 0 70,000 North Warm Springs Park 3,500 5,000 Hidden Hollow Park 4,000 10,695 Crime Prevention/Neighborhood Impr. 105,000 72,000 Utah Food Bank 12,000 25,000 African American Task Force 0 10,000 Visions of Altitude 7,000 0 RESCO/Fetzer Performing Arts 0 39,890 Odyssey House-Women/Children 14,800 0 Odyssey House-Adult Treatment 19,000 49,800 Listener's Community Radio of Utah 10,450 0 St. Mary's Driveway/Parking Impr. 34,940 0 Camp Kostopulos 6,695 0 Property Management Administration 13,430 46,430 TOTAL CHANGES $238,385 *HOME and ESG were not included in Council discussions or in the resolution adopted by the Council in 1994. 1 April, 1995 (21st Year CDBG): The City Council indicated concern with continued actions by the federal government which signaled potential decreases in the CDBG program. As a result, the City Council established a policy initiative which limited funding administrative and operational support for new programs and limited increasing administrative and operational support for existing programs. The Council further determined that funds should be used to complete existing capital projects and to fund one-time needs of organizations. To achieve the new policy direction, the Council adopted the following legislative intent statements: • Due to proposed limitations of future CDBG funds by the federal government, it is the intent of the City Council that administrative and operational support not be increased for existing programs and not be provided to new programs. • • It is the intent of the City Council to only consider CDBG eligible projects and programs located within the City's jurisdictional limits for funding. • It is the intent of the City Council that funding provided for Community Councils and citizen notification be administered by Salt Lake City Corporation. The Council made the following changes to the Mayor's Recommended CDBG budget: Program Mayor's Council Adopted Recommended NHS Revolving Loan Fund $90,000 $75,000 BSL Cleaning&Securing 15,000 0 SL Rape Crisis Center 22,340 10,000 Family Support Center 10,000 $5,000 Guadalupe Early Learning Center 28,626 20,000 Success by 6(new program) 40,000 0 "We're in this Together"(new program) 10,000 0 Centro de la Familia(new program) 10,000 0 Youth Steps of Success(new program) 10,000 0 BSL-Housing/Zoning Officer 30,000 25,900 Mobile Neighborhood Watch 15,000 23,000 Children's Center Elevatorl 0 23,950 Wesemann Memorial Park 0 10,000 Mid Block Street Lighting 40,000 73,116 TOTAL CHANGES $130,066 Although HOME and ESG were included in the resolution adopted by the Council, Council discussions focused on CDBG recommendations. As required by HUD, the Council adopted the 5-year consolidated plan for CDBG, ESG and HOME programs. 2 April, 1996 (22"d Year CDBG): The Mayor's Recommended CDBG budget was developed following the policy directives outlined by the City Council during the 21st Year CDBG process. Specifically, administrative and operational support was not extended to new programs, nor was funding associated with administrative and operational support increased for existing programs. The City Council affirmed its continued commitment to the policy initiatives set forth during the 21d Year CDBG process, but wanted to modify one of the policy statements to read as follows: • Due to the proposed limitations of future CDBG funds by the federal government, it is the intent of the City Council that administrative and operational support not be increased for existing programs and not be provided to new programs absent extenuating circumstances. As a result of the slight change in policy direction, the City Council modified the Mayor's proposed 22nd Year CDBG budget as follows: Program Mayor's Council Adopted Recommended Camp Kostopulos $30,000 0 Utah Food Bank* 0 22,400 West Salt Lake Street Lighting 0 7,600 TOTAL CHANGES $30,000 *The Council's intent with Utah Food Bank funding was that Administrative staff would work with Food Bank representatives to determine an eligible one-time capital/equipment need to be funded by the City's CDBG program. Although HOME programs were included in the resolution adopted by the Council, ESG programs were not included and the Council focused primarily on CDBG recommendations. April 1997 (23rd Year CDBG): The Mayor's Recommended 23`d Year CDBG budget followed the policy directives established by the City Council over the past years, with the exception of increased operational funding for the Rape Crisis Center and to fully fund the City zoning inspector. The Council determined that both operational increases possessed extenuating circumstances, and re-affirmed its commitment to prior years' policy directives. The Council chose not to fund the Lotus project (requested and recommended amount was $12,000) and to decrease funding for sidewalk replacement in CDBG eligible areas by $26,000, making $38,000 available for the Asian Association to purchase and rehabilitate property to provide services to limited English speaking persons. The Council's intent in funding the Asian Association was that such funds be contingent on a demonstration by the Association that the remaining $57,000 necessary to complete the project was available from other sources. Program Mayor's Council Adopted Recommended Lotus Project $12,000 $0 Sidewalk replacement $226,606 $200,606 Asian Association $0 $38,000_ TOTAL CHANGES S38,000 3 Although ESG and HOME funding recommendations were included in the resolution forwarded to the Council for approval, these programs' recommendations had not been included in the original paperwork for Council review. The Council delayed approval of ESG and HOME funding to allow for adequate Council review time. The Council ultimately approved the funding recommendations and approved the resolution authorizing the Mayor to enter into an interlocal agreement with HUD for 23th Year CDBG/ESG/HOME funding and adopted the following legislative intent language: • It is the intent of the City Council that a similar process as is used to gather community input and develop recommendations for the Community Development Block Grant (CDBG) program be used to gather input and develop recommendations for the Home Investment Partnerships (HOME) and Emergency Shelter Grant(ESG)programs. Specifically, it is the Council's intent that the Community Development Advisory Committee review and make recommendations regarding ESG applications in conjunction with the Committee's review of CDBG applications. Further, it is the Council's intent that the new housing board being established by the Comprehensive Housing Plan review and make recommendations regarding HOME applications in a manner similar to the CDAC review of CDBG and ESG applications. • It is the intent of the City Council that more detailed project descriptions be included in paperwork provided to the Council for the CDBG, HOME, and ESG programs (similar to detailed descriptions provided for CDBG projects in previous years). • It is the intent of the City Council that all necessary paperwork to adopt the CDBG, HOME, and ESG programs (including resolutions, CDAC recommendations, housing board recommendations, and Mayor's recommendations etc.) be transmitted to the City Council Office by the date that the Mayor delivers the CDBG budget address. All three of these intents have been met by the Administration in the years following their adoption. April 1998 (246 Year CDBG): The Mayor's Recommended 24th Year CDBG budget followed the policy directives established by the City Council over the past years, with the exception of increased operational funding for the Rape Crisis Center. The Council determined that this operational increase represented extenuating circumstances, and re-affirmed its commitment to prior years' policy directives. The Council approved the Mayor's proposed 24th Year CDBG/ESG/HOME budgets after the following revisions: Emergency Shelter Grant(ESG) Increase Decrease Travelers Aid Society $6,000 Interfaith Hospitality Network $6,000 TOTAL CHANGES $6,000 4 Community Development Block Grant (CDBG) Budget Increase Decrease NHS 600 West Block Redesign $20,000 South Central Street Improvements $15,000 Tennis Court Renovation Citywide $25,000 Crossroads Emergency Food Pantry $4,000 Rape Recovery Center $5,000 Guadalupe Early Learning Preschool *$18,075 Legal Aid Society $3,000 YWCA Building Improvements $40,000 Crossroads Food Pantry Remodeling $12,000 Central City Senior Center $50,000 Block 18 Street Lighting $1,500 Street Lighting Citywide $1,500 Contingency $2,075 TOTAL CHANGES $98,575 *The Council requested that Capital Planning staff work with the Guadalupe Early Learning Center Preschool to apply the additional$18,075 toward a capital project. Additionally, the Council adopted the following legislative intent language with regard to the 24th Year CDBG program: • It is the intent of the City Council that the Administration include in the next budget amendment of fiscal year 1997-98 an allocation of $16,800 from the Police Asset Forfeiture to the Urban Emphasis Program operated by the Greater Salt Lake Council of the Boy Scouts of America. The funds are to be allocated for materials and supplies. This allocation was accomplished in the final budget amendment of fiscal year 1997- 98. The Council had indicated that the Police Asset Forfeiture Account was a more appropriate source of funding for this organization than CDBG funding, as the organization was requesting new administrative funding. • It is the intent of the City Council that the Administration utilize the Jordan River as a primary source of water for the Riverside Park Irrigation Project. The Council also encourages the Administration to look at other secondary sources of water for future irrigation projects that are proposed. The Engineering Division retained Landmark Design to study the feasibility of using the Jordan River as a secondary source of water for the Riverside Park Irrigation Project. The study was completed in May 1999 and recommended that water from the Jordan River or the Water Treatment Plant not be used for irrigation for Riverside Park for several reasons. First, the high salinity of water could result in toxic levels unless leached properly, which would require watering often and in high volumes. This amount of water could affect the "playability" of many parts of the park. Second, toxicity caused by other minerals in the water could develop in the soil and cause damage to surrounding trees. Finally, the additional cost from pumping water from the river or reclamation plant could be prohibitive, although a 5 cost-benefit analysis was advised if irrigation water was to be pursued despite the other considerations. A copy of the study is available in the Council Office. • It is the intent of the City Council that the Administration extend the boundaries of the Riverside Park Irrigation Project along the Jordan River from 700 North to 1000 North on the land immediately east of the river from the Day Riverside Library. The Administration indicated that the results of the feasibility study suggested that the boundaries could not be extended as water from the Jordan River was not a good option for irrigation. However, some work has been done on the south side of the Day Library in conjunction with a private development. April 1999 (25th Year CDBG): The Mayor's Recommended 25th Year CDBG budget followed the policy directives established by the City Council over the past years. The Council approved the Mayor's proposed 25th Year CDBG/ESG/HOME budgets with the following legislative intent statement and revisions: • It is the intent of the City Council that the Administration include in the next budget amendment of FY99-00 an allocation of $20,250 from the Police Asset Forfeiture Account to the Urban Emphasis Program operated by the Greater Salt Lake Council of the Boy Scouts of America. The funds are to be used for materials and supplies. This allocation was accomplished in the final budget amendment of fiscal year 1998- 99. The Council had indicated that the Police Asset Forfeiture Account was a more appropriate source of funding for this organization than CDBG funding, as the organization was requesting new administrative funding. 6 Amount Resulting Requested Recommended Proposed Proposed Funding Amount by Mayor Increases Decreases Level CDBG Jefferson Street Improvements (designed last year under CIP) $152,000 $0 $152,000 $152,000 Sego/Ely Block Redesign (600 East and 645 South) $15,000 $15,000 $15,000 $0 Hayes Avenue Street design and Improvements (application filed construction design only by Glendale CC) $150,000 $15,000 $15,000 $0 Gateway Park Blocks $250,000 $250,000 $250,000 $0 Bridges Project Street Subject to Improvements terms* (500 West 200 South) $250,000 $0 $250,000 , $250,000 Tennis Court Renovation Riverside and (eliminate Jordan Park; fund Three parks Jordan Parks Riverside Park at lower level) $200,000 $165,000 $65,000 $100,000 Jordan River Parkway Security Lighting $100,000 $100,000 $100,000 $0 Poplar Grove Boys and Girls Club Building Improvements $95,000 $0 $95,000 $95,000 Central City Master Plan (not completed yet) $18,200 $18,200 $18,200 $0 Contingency(CDAC balances recommended$65,512) budget $93,512 $33,800 $59,712 Total $497,000 $497,000 Traveler's Aid $124,000 $84,978 $3,022 $88,000 SL Community Action (HORP) $30,000 $27,122 $3,122 $24,000 Our House Day Care $7,500 $6,782 $782 $6,000 SL Interfaith Network $15,000 $5,426 $626 $4,800 St. Vincent de Paul/Weigand Ctr. $10,000 $3,166 $366 $2,800 Valley Mental Health $30,000 $27,122 $3,122 $24,000 YWCA Residential Self-Sufficiency $25,000 $10,002 $5,998 $16,000 Odyssey House $11,000 $7,402 $1,002 $6,400 Total $9,020 $9,020 HOME . Artspace, Inc. (Bridges Project) Subject to terms* $150,000 $0 $150,000 $150,00 SLC HAND Pilot Rent to Own $200,000 $158,550 $158,550 $0 SLC HAND Rehabilitation $563,000 $500,000 $8,550 $508,550 Total $158,550 $158,550 *The Council asked that members of the Council, Administration and Redevelopment Agency meet to develop the terms of the City's CDBG and HOME allocations to the Bridge Projects. 7 April 2000 (26'h Year CDBG): The Mayor's Recommended 26th Year CDBG budget followed the policy directives established by the City Council over the past years. The Council approved the Mayor's proposed 26th Year CDBG/ESG/HOME budgets with the following revisions: Amount Resulting Requested Recommended Proposed Proposed Funding Amount by Mayor, Increases Decreases Level YWCA L. E. Home $100,000 $30,000 $70,000 $100,000 (PSBI-14) Children's Museum $7,500 $0 $7,500 $7,500 (PS-26) Mailings to Comm. $28,398 $0 $28,398 $28,398 Councils in CDBG Areas (ADM-7) Urban Emphasis (PS- $25,000 $5,000 $20,000 $25,000 27) Literacy Volunteers $16,000 $0 $5,000 $5,000 (PS-21) Drug Free Zone Signs $4,000 $0 $4,000 $4,000 for Peoples Freeway (PS-22) Poplar Grove Boys and $35,000 $0 $20,000 $20,000 Girls Club (PSBI-2) Bennion/Douglas $40,000 $0 $15,000 $15,000 Historic District Nomination (PL-3) Youth With a Voice(PS- $40,000 $20,000 $20,000 $0 11) Family Support Center $5,000 $5,000 $5,000 $0 (PS-13) South Valley Sanctuary $6,000 $6,000 $6,000 $0 (PS-29) Allies for Youth (PS-33) $3,000 $3,000 $3,000 $0 Volunteers of America $66,600 $30,000 $34,000 $64,000 Detox Center(PSBI-11) Multi-Ethnic $10,500 $10,500 $5,500 $5,000 Corporation (H-10) ADA $220,000 $220,000 $7,500 $212,500 Modifications/Parks (P- 1) Playground $100,000 $100,000 $7,500 $92,500 Replacement Sidewalks $300,000 $300,000 $20,000 $280,000 Current Year $133,745 $133,745 $46,137 $87,608 Contingency Prior Year's $83,261 Contingency 8 Total Increases/Decreases $203,898 ($203,898J Hayes Avenue $230,000 $0 Note Note 1 Imps.(ST-5/S-4) Jordan Skateboard $25,000 $25,000 Note $25,000 Park(P-7) April 2001 (27th Year CDBG): The Mayor's Recommended 27th Year CDBG budget followed the policy directives established by the City Council over the past years. The Council approved the Mayor's proposed 27th Year CDBG/ESG/HOME budgets with the following revisions: Amount Council Council Resulting Requested Recommended_ Proposed Proposed Funding Amount by Mayor Increases Decreases Level CDBG NHS Revolving Loan $175,000 $125,000 $50,000 $0 $175,000 Fund(CDBGH-3) SL Community $90,000 $55,000 $35,000 $0 $90,000 Development Corporation (CDBGH-5) SL Community $300,000 $0 $150,000 $0 $150,000 Development Corporation (CDBGH-6) SL Community $200,000 $0 $100,000 $0 $100,000 Development Corporation(CDBGH-7) Utah Nonprofit Housing $40,000 $40,000 $0 $0 $40,000 Corp. (CDBGH-8) Fenway Avenue Design $15,000 $15,000 $0 ($15,000) $0 (CDBGSD-1) Strong Court Design $12,000 $12,000 $0 ($12,000) $0 (CDBGSD-2) Physical Access Ramps $200,000 $180,000 $20,000 $0 $200,000 City-wide (CDBGSC-1) 800 West Median $700,000 $400,000 $0 ($400,000) $0 Islands (CDBGSC-2) CDBG Sidewalk $300,000 $200,000 $82,500 $0 $282,500 Replacement City-wide (CDBGS_1) Poplar Grove Park $100,000 $150,000 $0 ($50,000) $100,000 Playground Replacement(CDBGP- 1) SLC Urban Forestry $30,000 $30,000 $0 ($10,000) $20,000 Tree Planting (CDBGP- 5) Cannon Park(CDBGP- $77,000 $77,000 $0 ($32,000) $45,000 8) 9 Glendale/Jordan River $200,925 $100,000 $0 $0 $100,000 Community Park (CDBGP-10) West Temple Park $100,000 $23,000 $77,000 $0 $100,000 (CDBGP-11) Urban Emphasis Boy $40,000 $0 $0 $0 $0 Scouts (CDBGPS-23) HOLD HOLD City/Trax Mural Project $60,000 $15,000 $0 ($15,000) $0 (CDBGPS-26) South Valley Sanctuary $12,000 $6,000 $0 ($6,000) $0 (CDBGPS-29) Volunteers of America $103,000 $80,000 $23,000 $0 $103,000 Adult Detox Center (CDBGPSBI-1) Poplar Grove Boys& $85,500 $0 $85,500 $0 $85,500 Girls Club(CDBGPSBI- 2) SLC Special $35,000 $35,000 $0 ($28,000) $7,000 Contingency (CDBGPSBI-3) Fourth Street Clinic $100,000 $0 $100,000 $0 $100,000 (CDBGPSBI-8) Salvation Army $48,000 $40,000 $0 $0 $40,000 (CDBGPSBI-10) The Children's Museum $300,000 $0 $0 $0 $0 of Utah (CDBGPSBI-11) Community Legal $316,000 $250,000 $0 ($40,000) $210,000 Center(CDBGPSBI-12) Bad Dog Rediscovers $200,000 $50,000 $0 ($50,000) $0 America(CDBGPSBI- 14) Asian Association $20,000 $15,000 $0 $0 $15,000 (CDBGPSBI-16) West Side Market $100,000 $65,000 $0 ($65,000) $0 Study(CDBGPL-3) Contingency(CDBGC- $80,000 $85,907 $0 $0 $85,907 1) Total $723,000 ($723,000) ESG Our House Child Care $20,000 $6,000 $1,000 $0 $7,000 &Education Center (ESG-3) St. Mary's Home for $11,500 $10,000 $0 ($10,000) $0 Men (ESG-6) Residential Self- $25,000 $16,000 $9,000 $0 $25,000 sufficiency Program YWCA (ESG-8) Total $10,000 ($10,000) HOME SL Community $125,000 $0 $75,000 $0 $75,000 Development Corporation (HOME-3) SL Community $300,000 $0 $192,500 $0 $192,500 10 • Development Corporation (HOME-4) SLC-HAND (HOME-7) $0 $75,000 $0 $75,000 $0 SLC-HAND (HOME-8) $0 $192,500 $0 $192,500 $0 Total $200,000 ($200,000) 11 �\ a rk'CMT�Y ( " REPO rle. 'IONI DAVID DOBBINS ROSS C. "ROCKY" ANDERSON DEPUTY DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT MAYOR COUNCIL TRANSMITTAL • TO: Rocky Fluhart, Chief Administrative Officer DATE: March 1, 2002 FROM: David Dobbins/l /' RE: A resolution adopting the One-year Action Plan for 28th Year Community Development Block Grant funding, HOME Investment Partnerships Program funding, Emergency Shelter Grant funding, and Housing Opportunities for Persons with AIDS funding for Fiscal Year 2002-2003 and an Interlocal Cooperation Agreement between Salt Lake City and the U.S. Department of Housing and Urban Development(HUD). STAFF CONTACT: LuAnn Clark, Acting HAND Director DOCUMENT TYPE: Resolution DISCUSSION: Salt Lake City is entitled to receive the following federal funds for Fiscal Year 2002-03 from the U.S. Department of Housing&Urban Development: • $4,854,000 in Community Development Block Grant(CDBG) funds • $1,350,000 in HOME Investment Partnerships Program funds • $171,000 in Emergency Shelter Grant(ESG) funds • $421,000 in Housing Opportunities for Persons with AIDS (HOPWA) funds In addition, the City will reprogram $163,800.29 from prior year CDBG allocations. In order to receive and reprogram these funds, the City is required to submit to HUD a One-year Action Plan for CDBG, HOME, ESG, and HOPWA funds. The Mayor will present his funding recommendations for the CDBG, HOME, ESG and HOPWA programs to the City Council on March 5. Council staff has recommended the following schedule for the public process. On April 9th there will a City Council public hearing and a briefing(March 19th and April 2nd are potential dates for additional City Council briefings, if necessary). The City Council will finalize its funding recommendations on April 16th The One-year Action Plan will be provided to the City Council on March 5, 2002 when the Mayor makes his funding recommendations to the Council for their consideration. 451 SOUTH STATE STREET, ROOM 404, SALT LAKE CITY, UTAH B41 1 1 TELEPHONE: SO1-535-6230 FAX: B01-535-6005 ®RECYCLED PAPER s j RESOLUTION NO. OF 2002 APPROPRIATION RESOLUTION ADOPTING THE ONE-YEAR ACTION PLAN FOR 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING, HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDING, EMERGENCY SHELTER GRANT FUNDING, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDING (2002-2003) AND APPROVING INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, Salt Lake City is entitled under 24 Code of Federal Regulations (CFR), Part 91, et al., to receive Community Development Block Grant (CDBG) funds in the amount of$4,854,000.00, HOME Investment Partnerships Program (HOME) funds in the amount of$1,350,000.00, Emergency Shelter Grant (ESG) funds in the amount of $171,000.00, and Housing Opportunities for Persons with AIDS (HOPWA) funds in the amount of$421,000.00 from the U.S. Department of Housing and Urban Development (HUD) for program year 2002-2003; and WHEREAS, Salt Lake City will also reprogram $163,800.29 from prior year CDBG allocations; and WHEREAS, it is in the best interests of the people of Salt Lake City that the City file an application with HUD for said funds in accordance with 24 CFR Part 91; and WHEREAS, the public notices, hearings, and other pre-submission requirements as set forth in 24 CFR Part 91 have been accomplished by the City, including but not limited to the following: A public hearing held Tuesday, April 9, 2002 to consider a proposed list of CDBG, HOME, ESG, and HOPWA projects to be funded and to obtain the views of citizens regarding the City's One-year Action Plan; and WHEREAS, the City Council does now meet this April 16, 2002 to adopt the City's Final One-year Action Plan for CDBG, HOME, ESG, and HOPWA funds; NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah, as follows: 1. That Salt Lake City hereby adopts its Final One-Year Action Plan for CDBG, HOME, ESG, and HOPWA funds as set forth in Exhibit "A" attached hereto and made a part hereof by this reference. 2. That the Mayor, as the official representative of Salt Lake City, is hereby authorized to submit the City's Final One-Year Action Plan for CDBG, HOME, ESG, and HOPWA funds together with such additional information and certifications as may be required under 24 CFR Part 91 to the U.S. Department of Housing and Urban Development. 3. That the Mayor, as the official representative of Salt Lake City, is hereby authorized to sign and execute the HUD Grant Agreement and any and all subsequent agreements between the City and other public entities resulting from and consistent with the HUD Grant Agreement, subject to final approval as to form by the City Attorney. Passed by the City Council of Salt Lake City, Utah, this 16th day of April, 2002. SALT LAKE CITY COUNCIL By CHAIR ATTEST: CHIEF DEPUTY CITY RECORDER APPROVED AS TO FORM Salt Lake City Att)orney's Office Date /By t , EXHIBIT "A" Exhibit "A" — Funding Recommendations — is not final at this time. The final Exhibit "A" will be the One-Year Action Plan adopted by the City Council on April 16, 2002 and will be provided to the Council on March 5, 2002 when the Mayor makes his funding recommendations.