05/13/2003 - Minutes (2) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MAY 13, 2003
The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, May 13,
2003, at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South
State Street.
In Attendance: Council Members Carlton Christensen, Nancy Saxton, Jill Remington Love,
Dave Buhler, Dale Lambert, Eric Jergensen and Van Turner.
Also in Attendance: Mayor Ross C. "Rocky" Anderson; Rocky Fluhart, Mayor' s Chief
Administrative Officer; Ed Rutan, City Attorney; Cindy Gust-Jenson, Executive Council
Director; Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Janice
Jardine, Council Planning & Policy Analyst; Russell Weeks, Council Policy Analyst;
Sylvia Jones, Council Research & Policy Analyst/Constituent Liaison; Chris Bramhall,
Assistant City Attorney; Lynn Creswell, Assistant City Attorney; Diana Karrenberg,
Mayor's Community Affairs Manager; Susan Roberts, City Economist; Gordon Hoskins, City
Controller; Louis Zunguze, Planning Director; Doug Wheelwright, Land Use &
Transportation/Subdivisions Planner; Larry Butcher, Zoning Administrator; Randy
Isbell, Housing Specialist; Alison Weyher, Community and Economic Development Director;
Brenda Hancock, Human Resource Division Director; Vic Blanton, Human Resource
Classification & Compensation Program Manager; LuAnn Clark, Housing and Neighborhood
Development Director; Laurie Dillon, City Budget Analyst; Larry Littleford, Deputy
Fire Chief/Support Services; Rock, G. Brett, Deputy Fire Chief/Operations; Dennis
McKone, Fire Department Administration Assistant/Media Relations; John Vyke, Fire
Department Budget Director; Nancy Boskoff, Arts Council Executive Director; Pamela
O'Mara, Utah Hands Artist; and Pam Johnson, Deputy City Recorder.
Councilmember Christensen presided at and conducted the meeting.
The meeting was called to order at 5:32 p.m.
AGENDA ITEMS
#1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION AND
ANNOUNCEMENTS. View Attachment
Cindy Gust-Jenson said new information had been provided in a memo for Council on Item
F-1, temporary zoning regulations for A-Frame signs. She said if Council was unable
to complete the scheduled briefing on A-frame signs, they should motion to recess the
public meeting, and continue with the briefing.
See File M 03-5 for additional Council announcements.
#2. INTERVIEW DARL THOMAS PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE ART DESIGN
BOARD.
Mr. Thomas said he had worked with the City' s Art Council organizing construction and
placement of artwork on the Trax lines. He said it was enlightening to see artists
collaborate rather than compete on a project.
#3. INTERVIEW ROYAL HANSEN PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE LAND USE
APPEALS BOARD.
Mr. Hansen said as an attorney he would bring his legal knowledge to the board. He
said he had extensive background in community service and looked forward to serving in
this capacity.
#4. RECEIVE A BRIEFING REGARDING A LEASE AGREEMENT WITH CAMP KOSTOPOLOS FOR
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MAY 13, 2003
APPROXIMATELY 15 ACRES OF REAL PROPERTY IN EMIGRATION CANYON WATERSHED. View Attachment
Chris Bramhall and Gary Mumford briefed the Council from the attached handout.
Councilmember Saxton asked if having the property located in a watershed area created
restrictions with the lease agreement. Mr. Bramhall said although Emigration Canyon
was part of the watershed, the City currently did not use water from the canyon. He
said due to extensive development in the area the water was undesirable for treatment.
He said the City was not actively managing it as a water resource, so no restrictions
had been placed. He said horseback riding was a favorite activity at Camp Kostopolos,
and he expected it to continue.
Councilmember Saxton said if the property was not used as a watershed, there might not
be value for the City to continue to own the property. Mr. Bramhall said he was
unaware of any evaluation of the property. Councilmember Saxton said she wanted the
administration to provide Council with a property evaluation.
Councilmember Turner asked if the City could increase the current lease amount of $1
per year. Mr. Bramhall said the City continued to lease the property under the same
terms established in 1963. He said the new lease would be in effect for the next 50
years with an optional term of 25 years. Councilmember Buhler said the investment for
the City was not to maximize profit on the property value, but in the charitable
services provided for the handicapped children attending the camp.
Council Members were in favor of moving this item forward.
#5. RECEIVE A BRIEFING FROM THE ADMINISTRATION ON THE FISCAL YEAR 2003-2004 BUDGET,
INCLUDING BUT NOT LIMITED TO THE ASSUMPTIONS USED TO DEVELOP REVENUE PROJECTIONS AND
THE STATUS OF WORK WITH SALT LAKE COUNTY TO ADDRESS PROPERTY TAX REVENUE ISSUES. View
Attachment
Rocky Fluhart, Susan Roberts, Gordon Hoskins, and Michael Sears briefed the Council
from the attached handout. Ms. Roberts said she met with Mike Reed of the Salt Lake
County Property Tax Division. She said it had been a constructive meeting with both
entities continuing to address property tax revenue for Salt Lake City.
Councilmember Christensen asked if there were procedural options available to the City,
if negotiations were unsuccessful. Mr. Fluhart said City administration felt there
was an error in the County's projections. He said when the errors were corrected a
Truth-In-Taxation Hearing and other options would not be necessary. Councilmember
Buhler said the Mayor's proposed budget included the anticipated property tax revenue.
He asked if the County was legally required to resolve revenue issues within a certain
amount of time. Ms. Roberts said the County was under no time restraints to respond.
Mr. Fluhart said in speaking with County staff, he felt they would have their findings
available within the next two weeks.
Councilmember Buhler said he did not understand why the City would see a decrease in
property revenue with developments such as Gateway being built. Ms. Roberts said the
Gateway development was a Redevelopment Agency (RDA) property and property revenues
would go to the RDA. Councilmember Buhler said the City should see some increase in
sales taxes. Ms. Roberts said decline in retail sales for the last two years had been
felt State wide. She said even with the addition of Gateway, the City had suffered a
loss of retail market. She said people were staying close to home to shop rather than
coming into the City.
Mr. Fluhart said a complex formula was used to figure property and sales tax. He said
the County felt the City's claim that an error had been made in the calculation, had
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MAY 13 , 2003
merit. He said the $1.2 million the Mayor used in the proposed budget was a conservative
figure.
Councilmember Lambert asked how revenue projection figures were obtained for the
budget. Ms. Roberts said by law, the City used the property tax revenue numbers for
the prior year generated by the County. She said with concerns of errors in the
figures, she obtained revenue projection figures from actual receipts. She said she
also felt this was a conservative figure.
Ms. Roberts said obtaining budget figures for sales tax was an on-going process and
several sources were used. She said she worked closely with State economists, the Tax
Commission, the Office of Energy, employment services, Work Force Services, and the
Governor's Office. She said trends in the construction industry, housing markets,
income, retail sales, and general market interest rates were considered in the
calculations. She said in 2001 there was a 1.6% decrease in sales tax and in 2002
there was a 2.11% decrease in sales tax.
Ms. Roberts said ordinance changes revised how franchise tax fees and leases were
calculated. She said the proposed budget figures reflected that increase.
Councilmember Buhler said he was concerned the proposed figures were based on an
ordinance Council had not yet passed.
Mr. Hoskins and Mr. Sears joined the briefing and additional discussion was held on
the proposed budget and general fund revenue. Mr. Sears said updated information would
be provided to Council after final figures were submitted by the County.
#6. RECEIVE A BRIEFING AND OVERVIEW OF THE BUDGET PROCESS FOR FISCAL YEAR 2003-2004.
View Attachment
Rocky Fluhart, Michael Sears and Gary Mumford briefed the Council from the attached
handout. A discussion was held on items previously addressed by Council.
Councilmember Buhler said a breakdown of where Council concluded the budget from the
year before would help serve as continuing record and asked Council staff to begin
including that information. Councilmember Lambert said he wanted staff to provide
Council with a spreadsheet showing where the fund balance had been used in the last
three years to cover budget amendment items. He said that information could be helpful
in budget projections.
A discussion was held on divisions proposing fee increases. Council was given a briefing
schedule for each division. Council asked staff to prepare briefing material
investigating the accuracy of proposed revenue increase.
#7. RECEIVE A BRIEFING REGARDING THE COMPENSATION PLANS FOR CITY EMPLOYEES. View
Attachment
Brenda Hancock, Vic Blanton, Lyn Creswell, Gary Mumford, and Rocky Fluhart briefed the
Council. Mr. Blanton said an employee compensation comparison was done with other
cities and the State of Utah. He said Provo City had a planned salary increase of 3%;
West Valley City' s pay increase was 4.5% for un-sworn employees and 12% for the police
officers beginning January 1, 2004. He said Salt Lake County' s salary increase was
3.75%, Murray City, 3.5%, Ogden City, 0%, Sandy City, 3%, and the State of Utah, 0%.
He said figures could be misleading working with such a small data set. He said if
additional cities such as Park City and Layton City were included, the comparison
structure would be different. He said the proposal met the standards set by the
Citizens Compensation Advisory Committee (CCAC) .
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MAY 13, 2003
Councilmember Buhler asked Council staff to indicate which Cities listed in the
comparison were facing a budget deficit. Councilmember Saxton asked that the Council
be provided with a history of pay increases for these cities.
Councilmember Lambert said reclassifying positions could potentially be a loophole for
salary ceilings. Mr. Blanton said the CCAC asked for reclassified positions to be
tracked. He said last year $340, 000 of the general fund was used for job
reclassifications. Ms. Hancock said a new policy had been put into effect. She said
when a position was reclassified within the same pay range the employee would remain
at the same salary. She said this policy would help eliminate this potential loop-
hole.
Councilmember Jergensen asked if the proposed budget increase was for salaries only,
and if there would be additional requests for insurance or other benefits. Mr. Blanton
said the figures were provided by the City' s budget department. He said he would
provide an answer for the Council.
#8. RECEIVE A BRIEFING REGARDING THE MAYOR'S RECOMMENDED BUDGET FOR THE FIRE
DEPARTMENT FOR FISCAL YEAR 2003-2004. View Attachment
Deputy Fire Chief Littleford, Deputy Fire Chief Rock, Dennis McKone, John Vyke and
Michael Sears briefed the Council from the attached handout. Mr. Vyke said when budget
projections were prepared FICA was overcharged on all Fire Department personnel. He
said the figure presented to Council as the Department' s proposed budget could be
reduced by $625, 934. Mr. Sears said a recommendation would be coming from the
administration for these funds.
A discussion was held on funding fire prevention programs and education.
Councilmember Lambert asked how much had been budgeted for overtime. Mr. Vyke said
$440,000 had been budgeted. He said those monies were used to pay for working out of
class, such as when a fire-fighter took over the duties of a Captain. He said Fair
Labor Standard Act (FLSA) required a firefighter be paid time and a half after exceeding
204 hours within their 56 day work schedule. He said if a firefighter worked all
scheduled hours, they would work 12 hours overtime. He said these were paid from the
overtime budget. Additional discussion was held on calculating overtime for the Fire
Department.
A discussion was held on funding of new training programs and education for the Fire
Department.
#9. RECEIVE A BRIEFING REGARDING A PROPOSED MORATORIUM ON A-FRAME SIGNS.
Ed Rutan, Louis Zunguze, Alison Wehyer and Pamela O'Mara briefed the Council.
Councilmember Christensen asked why changes were proposed in the A-frame sign
ordinance. Mr. Rutan said there were several reasons. He said 1) it would bring the
City into compliance with State Statue No. 10-9-404 and 2) it would allow the City to
adopt temporary zoning regulations for up to six months without the need for a public
hearing. He said the City would simply need to show a finding of conveying public
interest to comply with State statue.
Councilmember Lambert asked if the administration felt the businesses in question
met these guidelines. Mr. Rutan said he did not think it was a question that these
businesses had to show they were actually going out of business. He said they had
proven there was significant impact on their business. He said approximately 25% of
their sales were derived from the signs. Councilmember Lambert asked if the individual
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MAY 13 , 2003
insurances of each business would cover the liability of the signs placed on sidewalks.
Mr. Zunguze said it was his understanding it would. He said business insurance would
cover a large range of possible customer injury.
Councilmember Turner asked if A-frame signs could be placed on City property
other than sidewalks, such as City parks. Ms. Wehyer said the ordinance required a
site plan to be submitted when a sign permit was applied for. She said requirements
would not allow for placement of a sign at a location other than in front of the actual
business.
Councilmember Turner asked if the signs could be illuminated or decorated. Cindy
Gust-Jenson said the proposed ordinance did not exclude illumination. Mr. Zunguze
said given the portability of the signs he did not anticipate lit signs. He said any
illumination would require electrical permits. Ms. Wehyer said the administration
would be happy to include specific clarifications in the proposed ordinance addressing
illumination. She said one reason for keeping the signs at a four foot size limitation,
was to eliminate decoration that could impede pedestrian traffic.
Councilmember Buhler asked why the City required these businesses to obtain a
portable sign permit at all. Mr. Zunguze said one reason for permitting was to keep
within State statue. Ms. Wehyer said requiring a permit was a way of entering into a
contract with the business owner, allowing for indemnification of the City.
Pamela O'Mara with Utah Artist Hands said she currently paid $170 monthly to
insure her Art Gallery. She said she was concerned more with the location of her
portable signs. She said she needed to be able to place signs on the street corner to
attract patrons to the gallery location.
Councilmember Christensen said the proposed ordinance was temporary. He said
this would give both the business owners and the Planning Department the opportunity
to identify and address additional concerns with portable signs. Ms. Weyher said some
of these concerns had already been discussed. She said while the Art Gallery sign
might not be a problem, if a competitor' s sign migrated in front of another business
advertising lower prices, then all kinds of problems would arise. She said the business
owner would be responsible for insurance, upkeep and taking up and down the signs. She
said it would be much more manageable if signs were located close to the business.
Councilmember Love asked if other business had complained. Ms. Wehyer said there
had been several current complaints about the signs. Councilmember Love said of the
six businesses that used A-frame signs, three said advertising did not work unless it
was done on a street corner. She said the proposed ordinance already did not work and
needed to be reviewed.
Councilmember Saxton said the City wanted to assist businesses in promoting
themselves and the economic development of downtown. She said if it was the Council' s
intention to adopt a temporary ordinance, stricter restrictions would be placed. She
said if some businesses were allowed to place their signs on street corners, all
businesses should be allowed to place their signs on any City property. She suggested
that business owners get permission from the property owner of where the signs were
placed.
Councilmember Turner said off-site signs were going to create extended problems.
He said these signs would be like placing small billboards on City sidewalks.
See the May 13, 2003 Regular Council minutes for the motion and action.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, MAY 13, 2003
Councilmember Saxton said she wanted to add the stipulation to the motion that
the proposed ordinance would only pertain to businesses holding a current business
license, and be imposed Citywide. She said it was an election year, and she did not
want to see A-frame campaign signs on street corners.
Councilmember Lambert asked if limiting signs would open first amendment issues.
Mr. Rutan said this could be the case.
Councilmember Christensen said many non-profit organizations relied on their
signs for advertising. He said he did not want this to interfere with their goals.
Councilmember Buhler said although he understood what Councilmember Saxton was
trying to accomplish, he did not want to include her stipulation in his motion. He
said it would complicate the issue further.
The meeting adjourned at 10:29 p.m.
pj
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City Council Announcements
II May 13, 2003
A. Decisions, Feedback & Information needed by staff
1. VERIFIED RESPONSE ALARM PROGRAM -Attached is a response from the Police
Department to several statements made by three representatives of alarm companies to
Council Member Buhler about the City's verified response alarm program. Are other
Council Members interested in meeting with representatives of alarm companies
either individually or in small groups? Council Members said they were not
interested in scheduling a meeting. Are Council Members interested in including the
alarm program as one of the small audits in the next round of audits? Council
Members said they would like to include this with the next audit.
B. Council Office Policies
C. For Your Information
D. Upcoming Appointments (see attached goldenrod sheet)
E. Upcoming Agenda items (see attached goldenrod sheet)
F. Informational Mail items received (see attached goldenrod
0 sheet)
•
SALT LAKE CITY COUNCIL STAFF REPORT
DATE: May 9,2003
SUBJECT: New Lease for Camp Kostopulos
AFFECT EL COUNCIL DISTRICTS: Citywide
STAFF REPORT BY: Gary Mumford
ADMINISTRATIVE DEPT. City Attorney's Office
AND CONTACT PERSON: Chris Bramhall
KEY ELEMENTS:
Camp Kostopulos leases approximately 15 acres of City property in Emigration Canyon. The
Kostopulos Dream Foundation/Camp Kostopulos,Inc.is a Utah nonprofit corporation that
provides recreational activities for children and adults with mental and physical disabilities.
The current lease was entered into in 1993 and runs for another 30 years. Camp Kostopulos
plans to conduct fund raising for needed capital improvements and believes that a longer lease
will be necessary to attract charitable contributions.
Because the lease payments of$1 per year are substantially below market,the lease rate is
subject to authorization by the City Council following a public hearing. State law(10-8-2)
• requires a public hearing before authorizing nonmonetary assistance to a nonprofit entity.
MATTERS AT ISSUE/QUESTIONS FOR THE ADMINISTRATION:
The proposed resolution states that the City Council has determined that use of the land by
Camp Kostopulos as a recreational facility for people with disabilities and special needs
constitutes a public purpose,provides a direct and substantial benefit to the City and the
residents and contributes to the health,safety and general welfare of the residents of the City. -
The land is in the Public Utilities portfolio as watershed holdings. The Department of Public
Utilities has agreed to a 50-year lease with a 25-year extension for a total of 75 years. The
Council may wish to ask representatives of the Administration whether there may be a need in
the future for the City to use the land in connection with water delivery systems or for other
Public Utilities purposes.
It is Council staffs understanding that authorizing municipal services or nonmonetary
assistance to a nonprofit entity is not subject to the study and analysis that is required for
monetary appropriations. The Council may wish to ask representatives of the City Attorney's
Office to clarify when a study is required and when only a public hearing is required.
cc Rocky Fluhart,David Nimkin,Ed Rutan,LeRoy Hooton,Chris Bramhall,JD Baxter
i
APR 2 8 2003
A2 � lit R` TICA�+ ROSS C."ROCKY"ANDERSON
CHRISTOPHER E.BRAMHALL LAW DEPARTMENT MAYOR
SENIOR CITY ATTORNEYU EDWIN P.RUTAN,II
CITY ATTORNEYu
COUNCIL TRANSMITTAL
TO: Rocky J. Fluhart ' DATE: April 24, 2003
Chief Administrative Officer
FROM: Christopher E. Bramhall
Assistant City Attorney
SUBJECT: New Lease for Camp Kostopulos
ACTION ITEMS: (1) Schedule public hearing before the City Council. Hearing
will require 14 days published notice.
(2) City Council must adopt resolution authorizing the below
• market lease rate.
DISCUSSION: Camp Kostopulos is a not-for-profit organization that provides
seasonal outdoor recreational programs for children with mental
and physical disabilities. In addition, they provide a wide range
of other activities and support services throughout the
community on a year-round basis.
Camp Kostopulos leases approximately 15 acres of City property
in Emigration Canyon,just east of Ruth's Diner and what was
formerly the Sante Fe Cafe. This land is in the Public Utilities
portfolio, and is not needed by Public Utilities in connection
with its operations for the foreseeable future. Camp Kostopulos
has occupied the site continuously since 1963. The current lease
was entered into in 1993, and runs for another 30 years.
The management of Camp Kostopulos approached the City some
time ago requesting an extension of the existing lease with the
City. Camp Kostopulos feels they need a longer lease to
successfully attract charitable contributions for needed capital
451 SOUTH STATE STREET,ROOM 505,SALT LAKE CITY,UT 84111
TELEPHONE: 801-535-7788 FAX: 801-535-7640
i--:RECYCLED PAPER
improvements. Public Utilities has agreed to a 50-year lease with a
25-year extension, for a total of 75 years going forward. •
Because Camp Kostopulos is only paying the City$1 per year
under the Lease, state law requires that a public hearing be held,
and the sub-market lease rate be approved by the City Council.
The Lease was considered by the Public Utilities Advisory
Committee on March 27, 2003, with a favorable recommendation.
The Planning Commission recommended approval of the Lease at
its April 9, 2003 meeting.
ATTACHMENTS: (1) Proposed Lease
(2) Form of Notice for Public Hearing
(3) Approving Resolution
CONTACT
PERSON: Chris Bramhall, 535-7683
•
•
2
NOTICE OF PUBLIC HEARING
• NOTICE IS HEREBY GIVEN that the CityCouncil will hold apublic hearing 1 aring on
, May , 2003, at p.m., in the Council Chambers, Room 315, City
and County Building, 451 South State Street, Salt Lake City, Utah, regarding a proposed
Lease Agreement between Salt Lake City Corporation and The Kostopulos Dream
Foundation/Camp Kostopulos, Inc. Pursuant to the Lease, Camp Kostopulos will
continue operations at its present location on City property in Emigration Canyon, for up
to 75 years, at $1 per year. A copy of the proposed Lease Agreement may be obtained at
the Office of the Salt Lake City Recorder, in Room 415 of the City and County Building.
Members of the public are welcome to attend the hearing and express their views.
•
RESOLUTION NO. OF 2003
(RELATING TO A LEASE BETWEEN SALT LAKE CITY CORPORATION AND •
THE KOSTOPULOS DREAM FOUNDATION/CAMP KOSTOPULOS, INC.)
* * *
A RESOLUTION APPROVING THE LEASE RATE PROVISIONS OF
A LEASE AGREEMENT BETWEEN SALT LAKE CITY
CORPORATION AND THE KOSTOPULOS DREAM
FOUNDATION/CAMP KOSTOPULOS, INC., RELATING TO
APPROXIMATELY 15 ACRES OF REAL PROPERTY SITUATED IN
EMIGRATION CANYON.
WHEREAS, Salt Lake City Corporation (the "City"), is the fee owner of certain
real property situated in Emigration Canyon, Salt Lake County, Utah, consisting of
approximately 15 acres (the "Premises"); and
WHEREAS, since approximately October 13, 1963, the Premises have been
leased by the City to the The Kostopulos Dream Foundation/Camp Kostopulos, Inc., a
Utah nonprofit corporation, formerly known as Camp Kostopulos, Inc. ("Camp
Kostopulos"), most recently pursuant to a Lease Agreement, dated as of September 15,
1993 (the "1993 Lease"); and
WHEREAS, the 1993 Lease provides for a maximum lease term, including all
41111
term extensions, of 40 years from the date thereof; and
WHEREAS, the City and the Lessee mutually desire to provide for a lease term
of up to 75 years, and to make certain other changes in the 1993 Lease; and
WHEREAS, for this purpose the parties desire to terminate the 1993 Lease, and
enter into a new lease agreement (the "Lease"), the substantially final form of which is
before the City Council at the meeting at which this Resolution is being considered; and
WHEREAS, the Premises shall be used by the Lessee solely and exclusively for
the establishment and maintenance of a recreation facility to serve people with disabilities
and special needs, and related functions and activities, operated on a not-for-profit basis;
and
WHEREAS, the City's Public Utilities Advisory Committee has recommended
the adoption and approval of the Lease; and
WHEREAS, the City's Planning Commission has reviewed the form of the
Lease, and has recommended its adoption and approval; and
WHEREAS, pursuant to the provisions of Section 10-8-2(1)(e) of the Utah Code,
the City Council has conducted a public hearing relating to the Lease; and •
WHEREAS, inasmuch as the lease payments payable to the City under the Lease
• are substantially below market, such lease payments are subject to the approval of the
City Council, pursuant to the provisions of Section 10-8-2(1)(e) of the Utah Code,
NOW THEREFORE, be it and it is hereby resolved by the City Council of Salt
Lake City, as follows:
1. The City Council hereby finds and determines that the leasing of the
Premises to Camp Kostopulos at the lease rates set forth in the Lease, and the use of the
Premises by Camp Kostopulos as a recreational facility for people with disabilities and
special needs, constitutes a public purpose, provides a direct and substantial benefit to the
City and the residents thereof, and contributes to the health, safety and general welfare of
the residents of the City, by, among other things, making available facilities and services
meeting the recreational needs of children and adults with special needs, providing
programs fostering independence for people with disabilities or special needs through
outdoor, community, and leisure education programs, providing opportunities for service,
providing education about issues facing the disabled, and demonstrating the value of
diversity within the community, which benefits to the City and the residents thereof
relieves the City of the burden of providing such facilities, services and other benefits
through the expenditure of tax revenues, and which benefits, together with the rental
amount and other consideration to which the City shall be entitled under the Lease,
justifies the non-monetary assistance provided to Camp Kostopulos through the below-
market lease rate provided for in the Lease.
•
2. The lease rate provided for in the Lease is hereby authorized and
approved.
PASSED by the City Council of Salt Lake City, Utah this day of May,
2003.
SALT LAKE CITY COUNCIL
By:
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CHI FT DEPUTY CITY RECORDER
•
2
APPROVED AS TO FORM:
o
ASSISTANT CITY ATTORNEY
Resolutions/Camp Kostopulos Lease
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•
3
•
LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease"), made and entered into as of
by and between SALT LAKE CITY CORPORATION, a municipal corporation of the State of
Utah, whose mailing address for purposes of this Lease is 1530 South West Temple, Salt Lake
City, Utah 84115, as lessor (the "City"), and THE KOSTOPULOS DREAM
FOUNDATION/CAMP KOSTOPULOS, INC., a Utah nonprofit corporation, formerly known
as Camp Kostopulos, Inc., whose mailing address for purposes of this Lease is 2500 Emigration
Canyon, Salt Lake City, Utah, 84108, as lessee (the "Lessee"),
WITNESSETH:
WHEREAS, City is the fee owner of certain real property situated in Emigration
• Canyon, Salt Lake County, Utah, as more particularly described on Exhibit A attached hereto
(the "Premises"); and
WHEREAS, since approximately October 13, 1963, the Premises have been leased by
the City to the Lessee, most recently pursuant to that certain Lease Agreement, dated as of
September 15, 1993 (the "1993 Lease"); and
WHEREAS, the 1993 Lease provides for a maximum lease term, including all teiur
extensions, of 40 years from the date thereof; and
WHEREAS, the City and the Lessee mutually desire to provide for a longer lease teiur
than is currently provided for in the 1993 Lease; and
WHEREAS, for this purpose the parties desire to enter into a new lease agreement and to
teiiuinate the 1993 Lease; and
•
WHEREAS, the Premises shall be used by the Lessee solely and exclusively for the
•
establishment and maintenance of a recreation facility to serve people with disabilities and
special needs, operated on a not-for-profit basis; and
WHEREAS, the City Council has found and determined that the leasing of the Premises
to the Lessee, and the use of the Premises by the Lessee as a recreational facility for people with
disabilities and special needs, constitutes a public purpose, provides a direct and substantial
benefit to the City and the residents thereof, and contributes to the health, safety and general
welfare of the residents of the City, by, among other things, making available facilities and
services meeting the recreational needs of children and adults with special needs, providing
programs fostering independence for people with disabilities or special needs through outdoor,
community, and leisure education programs, providing opportunities for service, providing
education about issues facing the disabled, and demonstrating the value of diversity within the
community,which benefits to the City and the residents thereof relieves the City of the burden of •
providing such facilities, services and other benefits through the expenditure of tax revenues, and
which benefits, together with the rental amount and other consideration to which the City is
entitled hereunder, justifies the non-monetary assistance provided to the Lessee through the
below-market lease rate provided for herein; and
WHEREAS, pursuant to the provisions of Section 10-8-2(1)(e) of the Utah Code, the
City Council has, following a public hearing, authorized the City to lease the Premises to the
Lessee upon the teiiiis and conditions hereinafter set forth; and
WHEREAS, pursuant to the provisions of Section 10-9-305 of the Utah Code, this Lease
has been submitted to the City's Planning Commission for review and recommendation,
•
2
• NOW, THEREFORE, for and in consideration of the premises, and other good and
valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto
do hereby agree as follows:
1. DEMISE OF PREMISES; TERMINATION OF 1993 LEASE:
(a) The City hereby leases to the Lessee, and the Lessee hereby leases from the City, the
Premises, including any and all improvements situated thereon. The use of the
Premises by the Lessee pursuant hereto shall be on an exclusive basis, except as
specifically provided herein. The City expressly reserves the right at any time
during the teitmi hereof to build and maintain on the Premises any utilities-related
facilities the City desires; provided that the location of such facilities shall be limited
to the areas marked "1" and "2" on Exhibit B attached hereto. The Lessee shall not
interfere with the City's right of ingress to and egress from said areas, and any
• fencing constructed on the Premises by the Lessee shall include gates, as approved
pp
by the Director of the City's Department of Public Utilities (the "Director"),
providing unlimited and unencumbered access to the areas marked "1" and "2" for
inspection, maintenance, repair, replacement, operation and related activities.
(b) Upon the commencement of the temtmi of this Lease, the 1993 Lease shall
automatically teutiiinate, and shall become void and of no further force and effect.
(c) The Premises are leased to the Lessee on the condition that the Premises are needed,
and will be used by, the Lessee for the purposes described in Section 5 below, and
otherwise contemplated in this Lease. If the City determines in good faith that
portions of the Premises are not being used by the Lessee, and that Lessee has no
intention of using such portions of the Premises for the purposes set forth herein
• during the initial term hereof, or any extensions thereof, the City may terminate this
3
Lease as to such portions, subject to any outstanding subleases duly entered into by
the Lessee pursuant to Section 5(c) hereof. III
2. TERM: The term of this Lease shall commence on the date of execution and delivery
hereof, as evidenced by the stamp of the City Recorder on the first page hereof, and shall
end on the date fifty(50) years after the commencement date, unless earlier terminated as
provided herein, provided that the Lessee shall have the option to extend the term of this
Lease for one (1) renewal term of twenty-five (25) years, which option shall be
exercisable by the Lessee by notifying the City in writing not more than twelve (12) and
not less than six (6) months prior to the expiration of the initial term hereof
3. RENTAL:
(a) The Lessee agrees to pay to the City an annual rental payment of ONE and no/100
DOLLAR ($1.00). The initial rental payment shall be payable to the City concurrent
with the execution and delivery of this Lease. Each subsequent annual payment ID
shall be due and payable on or before each anniversary date hereof during the term
of this Lease. The City shall not be required to bill or invoice the Lessee for each
annual payment, or otherwise notify the Lessee of due or past due payments. At the
option of the Lessee, the Lessee may prepay all or any portion of the annual
payments to accrue over the term of this Lease.
(b) All payments shall be made to Salt Lake City Corporation and sent the Director at
the address set forth in Section 31 hereof, or such other address or designee as the
City shall notify the Lessee from time to time in writing.
4. WATER USE: The Lessee may use City water from the following two (2) sources: (a)
not more than 0.10 second feet of water taken from a well, pursuant to an application to
appropriate water, State of Utah number 57-3307, for use on the Premises solely for III
4
• irrigation purposes, and (b) a connection to the City's existing culinary watermain, which
water shall be used solely for culinary purposes. Lessee shall not construct, or allow to
be constricted, any cross-connection between the well source and the culinary source,
and shall promptly dismantle any such connection found to be existing. No other City
water, including water from Emigration Creek, shall be taken and used by the Lessee
without prior written authorization from the City. The sale by the City of water to the
Lessee shall be governed by the terurs of a separate Water Sales Agreement between the
Lessee and the City, executed simultaneously herewith. City water is being provided for
use on the Premises due solely to the City's ownership thereof.
5. USE OF PREMISES:
(a) Subject to subparagraphs (c) and (d) below, this Lease is granted upon the condition
that the Lessee shall use the Premises to provide a permanent recreation, therapeutic
•
or care center facilityto be used byor for individuals with disabilities, including c udrng
such structures, buildings and improvements as shall be deemed necessary by the
Lessee for such purposes, and incidental uses related thereto. The Lessee agrees that
access to the facilities upon the Premises shall be made available to all individuals
with disabilities, without regard to sex, race, color, ethnicity, national origin or
religion, subject to capacity limitations and reasonable operational rules and
regulations established by the Lessee.
(b) The Lessee shall make no unlawful use of the Premises.
(c) A portion of the Premises, identified on Exhibit D attached hereto (the "Exhibit
D Parcel"), is currently subject to a sublease under the 1993 Lease, between the
Lessee and Emigration Management Company. Such sublease expires by its terrrrs
• on May 5, 2009. The City recognizes the sublease of the Exhibit D Parcel pursuant
5
to such sublease, or any substitute sublease entered into between the Lessee and the
•
sublessee; provided that any such substitute sublease shall be subject to the prior
written consent of the Director, and shall in no event extent the term of the sublease
beyond May 5, 2009. Upon the expiration or earlier termination of the sublease,
this Lease shall automatically terminate as to the Exhibit D Parcel, unless the Lessee
certifies to the City that it reasonably foresees the need to use the Exhibit D Parcel
for the purposes described in subparagraph(a) above during the term hereof.
(d) To the extent portions of the Premises are not needed by the Lessee for some
reasonable temporary period of time for the purposes described in subparagraph (a)
above, the Lessee may sublease such portions of the Premises to third parties;
provided that (i) all such subleases shall be in writing, and shall be subject to the
prior written approval of the Director, (ii) the term of any such subleases (including
extensions) may not exceed ten (10) years, (c) consideration under such subleases is •
nominal, or consists of in-kind assistance to the Lessee, and (c) all monetary
consideration accruing to the Lessee pursuant to such sublease shall be applied and
dedicated solely to the purposes described in subsection (a) above.
6. QUIET POSSESSION: So long as the Lessee pays the rent provided in the Lease and
complies with the requirements of this Lease, the Lessee shall quietly enjoy the Premises,
and the City shall defend the Lessee in such enjoyment and peaceful possession
throughout the term of this Lease.
7. APPLICABLE LAWS:
(a) The Lessee shall observe and obey all laws, ordinances, regulations, rules and
procedures of the federal, state, county and municipal governments that may be
applicable to its operations on the Premises. The Lessee also agrees to comply with •
6
. all ordinances, rules, regulations, orders and requests of the Salt Lake Valley Health
Department relating to the Lessee's operations on the Premises.
(b) The Lessee shall pay on or before the due date, all taxes, assessments or other
charges of any kind which during the term of this Lease may become a lien upon the
Premises, levied by any governmental or quasi-governmental entity with the
authority to levy and impose such taxes, assessments or charges. This obligation
shall include any sales taxes or property taxes on the operation of the business or any
property taxes on the Premises, or any improvements constructed thereon or personal
property situated thereon, including, without limitation, any"privilege tax" imposed
pursuant to Section 59-4-101, Utah Code Annotated.
8. IMPROVEMENTS:
(a) After the date of execution of this Lease by the City, no building, doiinitories,
•
structures or other improvements (which, for all purposes of this Lease, shall include
fixtures), shall be placed, constructed or remodeled upon the Premises by the Lessee
without first submitting complete plans and specifications of such proposed
improvements to, and receiving written approval thereof from, the Director, which
approval shall not be unreasonably withheld.
(b) If the Director fails to approve or disapprove such plans and specifications within
sixty (60) days after submission thereof, the request shall be deemed denied;
provided that the Director may extend such review period for good cause. Such
prior approval shall not be required to make or perfoiiii emergency repairs or related
work upon the Premises; provided that written notice of such work is promptly
provided to the Director.
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7
(c) For purposes of this paragraph, the teiiu "remodeled" shall refer only to structural
alterations or modifications of a building or structure on the Premises. •
(d) Attached hereto as Exhibit C is an inventory of all improvements presently located
on the Premises, which have been constructed and installed by the City, and title to
which currently vests in the City.
(e) Upon the construction and installation of any new improvements on the Premises by
the City, the parties shall amend Exhibit C to include such new improvements.
(f) Except as to property identified from time to time on Exhibit C, and subject to the
provisions of paragraph (h) below, title to all improvements situated on the Premises
shall be deemed to vest in the Lessee.
(g) During the teuu of this Lease, the Lessee shall be responsible, at its sole cost and
expense, to maintain and repair in good condition, all improvements situated on the
Premises (except those constructed by the City as identified on Exhibit C), and to •
insure the same as provided in Section 10 hereof
(h) Upon expiration or teiiuination of this Lease, the Lessee shall, at its sole expense,
remove all Lessee-owned improvements, and shall restore the land whereon such
structures were situated, as near as reasonably possible, to its condition prior to the
construction of such improvements; provided that the City may, at its sole option,
accept title to such improvements. All permanent improvements accepted by the
City shall be left intact, and title thereto shall vest in the City. During the teiiu of
this Lease, the Lessee shall not destroy or remove from the Premises any permanent
improvements, without the express prior written consent of the City.
9. REFUSE: The Lessee shall provide and maintain a complete and proper arrangement
satisfactory to the City for the adequate sanitary handling and disposal, away from the •
8
• Premises, of all trash, garbage and other refuse caused by or resulting from the Lessee's
operations on the Premises. The Lessee shall provide and use suitable covered
receptacles for all garbage, trash and other refuse on or in connection with the Premises.
Piling of boxes, cartons, barrels or other similar items in an unsightly or unsafe manner,
on or about the Premises, is not permitted.
10. INSURANCE: All policies of insurance provided shall be issued by insurance
companies qualified to do business in the State of Utah and either (1) listed on the U.S.
Department of the Treasury's Listing of Approved Sureties (Department Circular 570)
(as amended), or(2)having a current rating of"A-" or better in the most current available
A.M. Best Co., Inc.'s, Best's Insurance Reports, Property and Casualty Edition. Except
in the case of workers' compensation insurance, the City shall be included as an
additional named insured in all insurance policies. The Lessee shall cause copies of
•
certificates of insurance to be furnished to the City concurrently with or prior to the
signing of this Lease. The certificates shall name the City as the certificate holder and as
an additional named insured (except in the case of workers' compensation insurance). If
requested, the Lessee shall also cause copies of the insurance policies required by this
Lease to be provided to the City.
(a) Workers' Compensation Insurance. In addition to other required insurance, the
Lessee shall obtain and maintain during the Willi of this Lease workers'
compensation insurance as required by laws and regulations of all of the Lessee's
employees employed at the Premises.
(b) Public Liability and Property Damage Liability Insurance. The Lessee shall secure
and maintain during the teiiu of this Lease a commercial general public liability and
• property damage liability insurance policy with respect to the Premises and all
9
improvements situated thereon. The policy shall protect the Lessee and the City
from claims for damages for personal injury, including accidental death, and from •
claims for property damage which may arise from the Lessee's operations at the
Premises, whether any such operation be by itself or by anyone directly or indirectly
employed by the Lessee. Subject to subsection (c) below, the minimum amounts of
such insurance shall be not less than $1,000,000 for each occurrence, and $2,000,000
general aggregate, and $2,000,000 products/completed operations aggregate.
(c) Automobile Public Liability Insurance. Subject to subsection (c) below, the Lessee
shall obtain and maintain during the term of this Lease automobile commercial
public liability insurance with limits not less than $1,000,000 per occurrence,
covering owned, hired, and non-owned vehicles.
(d) Insurance Non-cancelable for Thirty Days. Each policy of insurance provided
pursuant to this Lease shall be absolutely non-cancelable for a period of not less than •
thirty (30) days after written notice of cancellation to the City, and shall contain the
following provision or language substantially the same as the following:
This policy shall not be subject to cancellation, change, or reduction
of coverage by the other party or parties hereto, unless notice, as
defined herein, is sent to the City, with a copy to the City Attorney.
The Lessee shall insure all personal property of the Lessee or of its employees in
accordance with its own policy with respect to such insurance. The Lessee shall not
permit the Premises to be used for any purpose that would render the insurance
thereon void or cause cancellation thereof or cause the insurance risk to be more
hazardous, or increase the insurance premium in effect at the time of the
commencement of the term of this Lease. The Lessee shall not keep, use or sell, or
allow to be kept, used or sold in or about the Premises, any article or materials which III
10
are prohibited by law, except as are consistent with its operations. At all times, the
•
Lessee shall keep all controlled medications secured.
(e) The insurance limits and other requirements for insurance policies set forth above
are those in effect on the date of this Lease. Lessee recognizes that the City's
insurance requirements change from time to time, and agrees to promptly update its
insurance policies to reflect new or different policy limits and other requirements, as
the same may change from time to time during the term of this Lease.
11. PERSONAL PROPERTY: All personal property installed in or otherwise brought onto
the Premises by Lessee shall remain personal property whether or not attached to the
Premises. All such equipment and other personal property may be removed at any time
by the Lessee.
• 12. CARE OF PREMISES: The Lessee shall keep the Premises, including all
improvements, in good order and repair, reasonable wear and tear excepted. The Lessee
shall, upon written notice, at is sole expense, repair any damage caused to the Premises as
a result of the Lessee's use thereof or the existence or removal of the Lessee's
improvements thereon.
13. WASTE: Lessee will not commit any waste on the Premises. Lessee further agrees that
in perfoiiiiing any construction or similar work, it will disturb as little as is reasonably
possible the surface of the Premises, and not cut down any trees or shrubs without the
express written consent of the City; provided, however, that the Lessee may remove
foliage or limbs as deemed appropriate by the Lessee in the course of ordinary
maintenance and upkeep. Lessee shall not knowingly or intentionally pollute or
otherwise knowingly or intentionally adversely affect the quality of the water in
III
11
Emigration Creek, and shall follow all directives by the Director related to maintaining
the qualityof the water in Emigration Creek. •
�
14. UTILITIES AND MAINTENANCE: The Lessee shall pay all charges for any and all
utilities with respect to the Premises, including gas, electric, water, sewer and storm
drain, fees, charges or assessments. The Lessee shall make arrangements for and pay all
charges for any utilities necessary for the Lessee's use of the Premises. The Lessee shall
also be responsible for all cost of maintenance, repair and upkeep of the Premises and all
improvements situated thereon, other than improvements made by the City pursuant to
Section 1 hereof.
15. LICENSES AND PERMITS: Lessee agrees to obtain and pay all costs and expenses
associated with all applicable approvals, licenses and peiiiiits required for Lessee's use of
the Premises.
16. VANDALISM; OTHER DAMAGE: City assumes no responsibility for, and shall not •
be liable to the Lessee for, any damage or injury of any nature whatsoever to the
Premises, the improvements situated thereon or any personal property situated thereon or
any other loss relating thereto, from whatever cause, including without limitation,
vandalism.
17. ESTOPPEL: The City and the Lessee each agree that at any time and from time to time
at reasonable intervals, within ten (10) days after written request by the other party, such
party will execute, acknowledge and deliver to the other party a certificate in a foiiu as
may from time to time be provided, ratifying this Lease and certifying:
(a) that Lessee has entered into occupancy of the Premises and the date of such entry if
such is the case;
III
12
• (b) that this Lease is in full force and effect and has not been assigned, modified,
supplemented or amended in any way (or if there has been any assignment,
modification, supplement or amendment, identifying the same);
(c) that this Lease represents the entire agreement between the City and the Lessee as to
the subject matter hereof(or identifying any changes);
(d) the date of commencement and expiration of the term;
(e) that to the knowledge of the signor of such writing no default exists in the
perfoiniance or observance of any covenant or condition in this Lease and there are
no defenses or offsets against the enforcement of this Lease by the City or the
Lessee; and
(f) that all rent has been paid, and if not, the extent to which it has not been paid.
• 18. TERMINATION; EXPIRATION:
(a) In addition to all of the rights and powers reserved or pertaining to the City, the City
reserves, as an additional, separate and distinct power, the right to terminate this
Lease, and all rights and privileges of the Lessee hereunder, in any of the following
events or for any of the following reasons:
(1) Lessee uses the Premises for any purpose other than the purpose specified in
Section 5 hereof.
(2) Lessee ceases to use the Premises for a continuous period of one (1) calendar
year from the date of said cessation, except when the cessation of such use is a
direct result of a natural or manmade disaster;
(3) Lessee shall by act or omission violate any material term or condition of this
Lease and shall, within thirty (30) days following a written demand by the City
• to remedy such act or omission, fail so to do, or if such remedy require uire a
q
13
longer period, shall fail to commence such cure within such 30-day period and
Y
dili entl pursue the same to completion; •
g
(4) any provision of this Lease shall be finally adjudged by a court of law invalid or
unenforceable, and the City also finds that such provision constitutes, at that
time, a consideration material to the continuance of the Lease herein granted; or
(5) Lessee becomes insolvent, unable or unwilling to pay its rent hereunder or is
adjudged a bankrupt, or all or part of Lessee's facilities should be sold under an
instrument to secure a debt, and are not redeemable by Lessee within thirty (30)
days from said sale.
(b) The Lessee shall be entitled to terminate this Lease at any time, upon ninety (90)
days prior written notice to the City.
(c) Upon the termination or expiration of this Lease, unless it is renewed by mutual
consent, the Lessee shall comply with the provisions of Section 8(g) hereof, and •
shall restore the ground as nearly as possible to its condition prior to disturbance and
to City's satisfaction, all of which shall be accomplished within six (6) months of the
termination or expiration of this Lease and solely at the expense of Lessee. Lessee
agrees to pay City's costs, including attorney's fees for removal and/or enforcement,
provided, however, that City and Lessee may mutually agree to any other disposition
of the facilities including, but not limited to, resale or gift of the facilities to City. If
City agrees, in writing, to the sale or gift of the facilities and such facilities become
the property of City, Lessee shall be relieved of its responsibilities to restore the
Premises to as nearly as possible its condition prior to disturbance.
(d) In the event this Lease is teiniinated the City may, at its option, immediately or at
any time thereafter, without demand or notice, enter into and upon the Premises and •
14
• repossess the same of its foinuer estate, and expel the Lessee and those claiming by,
through or under the Lease, and remove the Lessee's, or its successors, effects,
forcibly if necessary, without being deemed guilty of trespass.
19. INSPECTION BY CITY: The Lessee shall allow the City's authorized representatives
access to the Premises on any weekday between the hours of 9:00 a.m. and 5:00 p.m.,
upon reasonable notice to the Lessee, for the purpose of examining and inspecting
Premises incidental to or connected with the perfoinuance of Lessee's obligations
hereunder, or in the exercise of City's governmental functions; provided, however, that
the City shall be entitled to unrestricted access to the Premises at any time in the case of
emergencies, as deteinuined by the City in its reasonable discretion and shall be provided
with keys, codes, or other means of access for such purpose. In order to ensure the
• privacy and safety of the Lessee's patrons, Lessee staff escorts shall have the right to
accompany City personnel.
20. LESSEE TO HAVE NO RECOURSE:
(a) Except as expressly provided in this Lease, the Lessee herein shall have no recourse
whatsoever against the City for any loss, cost, expense or damage arising out of the
provisions or requirements of this Lease, or because of the enforcement thereof by
the City.
(b) The Lessee expressly acknowledges that upon accepting this Lease, it does so
relying upon its own investigation and understanding of the power and authority of
City to grant the Lease.
(c) The Lessee, by acceptance of this Lease, acknowledges that it has not been induced
• to enter into this Lease by any understanding or promise or other statement, whether
15
verbal or written, by or on behalf of the City or by any other third person concerning
any teiiii or condition of this Lease not expressed herein. •
(d) The Lessee further acknowledges by acceptance of this Lease that it has carefully
read the terms and conditions hereof and is willing to and does accept all of the risks
of the meaning of such terms and conditions and agrees that in the event of any
ambiguity therein, or in the event of any other dispute over the meaning thereof, the
same shall be construed strictly against the Lessee and in favor of the City.
21. SURRENDER OF PREMISES: The Lessee, upon the termination of this Lease, shall
quit and surrender the Premises in good, broom-clean condition, ordinary wear and tear
excepted. The Lessee shall pay all reasonable costs and expenses, including reasonable
attorney's fees, incurred by the City in connection with the enforcement of this Lease.
The Lessee shall surrender keys to any improvements left on the Premises to the City
•
upon vacating the Premises.
22. FAILURE OF CITY TO ENFORCE THE LEASE: The Lessee shall not be excused
from complying with any of the tunas and conditions of the Lease by any failure of City,
upon any one or more occasions, to insist upon or to seek compliance with any such
terms or conditions.
23. LESSEE WILL NOT CONTEST VALIDITY OF LEASE: The Lessee agrees, by
acceptance of the Lease, that it will not at any time set up against City in any claim or
preceding any condition or tern' of the Lease as unreasonable, arbitrary, or void or that
City had no power or authority to make such tern' or condition, but shall be required to
accept the validity of the teiiins and conditions of the Lease in their entirety.
•
16
• 24. RIGHTS RESERVED TO CITY: Without limitation upon the rights which City might
otherwise have, the City does hereby expressly reserve the following rights, powers and
authorities:
(a) To exercise its governmental powers now or hereafter to the full extent that such
powers may be vested in or granted to City.
(b) To exercise any other rights, powers or duties required or authorized to be exercised
by the City under the constitution of the State of Utah, the laws of Utah or City
ordinances.
25. WAIVER: It is agreed that the waiving of any of the covenants or provisions of this
Lease by either party shall be limited to the particular instance and shall not be deemed to
be a waiver of any other breaches of such covenant or any other provision herein
• contained.
26. EXCUSE FOR DEFAULT: Any failure on the part of either party to this Lease to
perfoiiii any obligation hereunder, and any delay in doing any act required hereby, shall
be excused if such failure to delay is caused by any act of God or governmental
restriction beyond the control of the party failing to perfoiiii, to the extent and for the
period that such cause continues; provided that the provisions of this paragraph shall not
excuse any nonpayment of rent and other sums due hereunder on its due date.
27. ASSIGNMENT: The Lessee shall not sell, transfer, sublease, assign, hypothecate or
otherwise encumber or dispose of the Premises, the Lessee's leasehold interest in the
Premises, any improvements situated on the Premises, or this Lease, in whole or in part,
either by forced or involuntary sale, or by ordinary sale, consolidation or privilege
• granted under this Lease, without the prior written consent of the City.
17
28. TIME: Time is of the essence of this Lease and every teiiii, covenant and provision
II
herein contained.
29. ATTORNEY'S FEES: In any successful action or proceeding which the City may be
required to prosecute to enforce its rights hereunder, the Lessee agrees to pay all costs
incurred by the City, including reasonable attorney's fees, to be fixed by the court, and
said costs and attorney's fees shall be made a part of any judgment in such action.
30. INDEMNITY: The Lessee hereby covenants and agrees to indemnify and save haiiiiless
and defend the City, its agents and employees from and against all suits, claims, liability,
losses, damages, demands and other liabilities and actions of any kind and nature by
reason of any and all of the Lessee's operations on or about the Premises and the
improvements situated thereon, except to the extent any such suit, claim, liability, loss,
damage or demand results from the sole negligence or willful misconduct of the City, and
•
the Lessee shall be solely responsible for any and all accidents, injuries or damages to
persons or property arising from any act or negligence of the Lessee or any of its agents,
contractors or employees on or about the Premises, and the improvements situated
thereon.
31. NOTICES: Any notice, demand, request, consent, submission, approval, designation or
other communication which either party is required or desires to give to the other under
this Lease shall be made in writing and mailed to the other party at the address set forth
below, or at such other address as the parties may provide in writing from time to time.
Such notices shall be faxed and mailed, by first-class mail,postage prepaid, as follows:
Director, Department of Public Utilities
Salt Lake City Corporation
1530 South West Temple Street, Room
Salt Lake City, Utah 84115 •
Fax: 483-6855
18
0 With copies to:
Property Manager
451 South State Street, Room 225
Salt Lake City, Utah 84111
Fax: 535-6190
Mayor
451 South State Street, Room 306
Salt Lake City, Utah 84111
Fax: 535-6331
If to the Lessee:
The Kostopulos Dream Foundation/Camp Kostopulos, Inc.
Attention: Executive Director
2500 Emigration Canyon
Salt Lake City, UT 84108
32. ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the
parties with respect to the subject matter covered hereby, and incorporates all prior
IIIcorrespondence, communications or agreements between the parties, and it cannot be
altered, assigned or sublet, in whole or in part, except through a written instrument which
is signed by both parties. Upon the execution and delivery hereof, the 1993 Lease shall
terminate and become void and of no effect.
33. AUTHORITY TO EXECUTE: Each person executing this Lease individually and
personally represents and warrants that he/she is duly authorized to execute and deliver
the same on behalf of the entity for which he/she is signing.
34. APPLICABLE LAW: This Agreement shall be interpreted in accordance with the laws
of the State of Utah, and enforced only in the federal or state district courts located in Salt
Lake City, Utah.
35. REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY
OFFICERS AND EMPLOYEES AND FORMER CITY OFFICERS AND
EMPLOYEES:
The Lessee represents that it has not: (1) provided an illegal gift or payoff to a City
officer or employee or former City officer or employee, or his or her relative or business
entity; (2) retained any person to solicit or secure this Lease 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
19
business; (3) knowingly breached any of the ethical standards set forth in the City's
conflict of interest ordinance, Chapter 2.44, Salt Lake City Code; or (4) knowingly S
influenced, and hereby promises that it will not knowingly influence, a City officer or
employee or fanner City officer or employee to breach any of the ethical standards set
forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code.
DATED this day of , 2003.
SALT LAKE CITY CORPORATION,
as Lessor
ROSS C. ANDERSON
Mayor
ATTEST AND COUNTERSIGN:
•
CHIEF DEPUTY CITY RECORDER
THE KOSTOPOLUS DREAM
FOUNDATION/CAMP KOSTOPULOS, INC.
as Lessee
By
Its
•
20
. STATE OF UTAH )
) ss.
County of Salt Lake )
The foregoing instrument was acknowledged before me this day of , 2003, by
Ross C. Anderson in his capacity as Mayor of SALT LAKE CITY CORPORATION, a municipal corporation
of the State of Utah.
NOTARY PUBLIC,residing in
Salt Lake County, Utah
STATE OF UTAH )
) ss.
County of Salt Lake )
The foregoing instrument was acknowledged before me this day of , 2003, by
Chris Meeker in her capacity as Chief Deputy Recorder of SALT LAKE CITY CORPORATION, a
municipal corporation of the State of Utah.
•
NOTARY PUBLIC,residing in
Salt Lake County,Utah
STATE OF UTAH )
) ss.
County of Salt Lake )
The foregoing instrument was acknowledged before me this day of , 2003, by
, in his/her capacity as of The Camp Kostopulos Dream
Foundation/Camp Kostopulos, Inc.
NOTARY PUBLIC,residing in
Salt Lake County,Utah
G.\Aei cements 03\Camp Kostopolus 042403 clean doc
•
21
EXHIBIT A •
A portion of City owned parcel no. 16-01-200-005
Beginning at a point 1,585 feet more or less South of the Northeast Corner of Section 1
Township 1 South, Range 1 East, Salt Lake Base and Meridian, and running thence South 1,055
feet, more or less, to the 1/4 corner of said Section 1; thence West 960.32 feet to the Easterly right
of way line of the State Road No. 65 of Utah; thence Northeasterly along said right of way line to
the point of beginning.
III
22
• EXHIBIT B
Parcel 1:
Beginning at a point 1,585 feet more of less South of the Northeast Corner of Section 1,
Township 1 South, Range 1 East, Salt Lake Base and Meridian; running thence South 300 feet,
thence North 33°30' West 227 feet, thence North 120 feet to the South line of State Road No. 65
of Utah, thence Easterly 123 feet along the South line of said Road to the point of beginning.
Parcel 2:
Also beginning at a point 960.32 feet West from the East'Quarter Corner of Section 1, Township
1 South, Range 1 East, Salt Lake Base and Meridian said point also being on the Easterly Right-
of-Way line of State Road No. 65 of Utah; running thence Northerly along the said Right-of-
Way line 145 feet, thence South 62° East 175 feet, thence South 60 feet to the Quarter Section
Line, thence West along the Quarter Section Line 130 feet to the point of beginning.
•
•
23
EXHIBIT C
•
2003 —No City improvements existing.
III
S
24
• EXHIBIT D
South Parcel:
Beginning at a point of the East right of way line of Emigration Canyon Road, said point being
South 89°59'11" West along the center Section line 960.28 feet from the East Quarter corner of
Section 1, Township 1 South, Range 1 East, Salt Lake Base and Meridian and running thence,
North 18° 38'30" West along said East right of way line 124.92 feet to a point on a 786.02 foot
radius curve to the right, whose radius point bears North 71°21' 30" East; thence Northerly along
said East right of way line and arc of said curve 163.32 feet and thru a central angle of 11° 54'
19"to a point on the West bank of Emigration Creek; thence South 40°26'07"East along said
West bank 79.63 feet; thence South 18° 07'03"East along said West bank 84.60 feet; thence
South 49°23'49" East along said West bank 53.39 feet; thence South 39°25'28" East along said
West bank 60.33 feet; thence South 28°07'39" East along said West bank 52.40 feet to the cent
Section line thence South 89°59'11" West along said Section line 110.48 feet to the point of
beginning.
Contains 0.392 acres
North Parcel:
• Beginning at a point of the East right of way line of Emigration Canyon Road, and on the West
bank of Emigration Creek, said point being North 381.68 feet and West 1041.35 feet from the
East Quarter Corner of Section 1, Township 1 South, Range 1 East, Salt Lake Base and
Meridian, said point is also on a 786.02 foot radius curve to the right whose radius point bears
South 89°06'16"East and running thence,Northeasterly along said East right-of-way line and
arc of said curve 227.68 feet and thru a central angle of 16°35'46"; thence South 28°45'14"East
29.99 feet to a point on the West bank of Emigration Creek; thence South 09°02'52" West said
bank 67.20 feet; thence South 04°01'27" West along said bank 72.98 feet; thence South
30°52'32" West 68.17 feet to the point of beginning.
Contains 0.117 acres
25
• SALT LAKE CITY COUNCIL STAFF REPORT
BUDGET ANALYSIS-FISCAL YEAR 2003-04
DATE: May 9, 2003
SUBJECT: OVERVIEW OF THE MAYOR'S RECOMMENDED
BIENNIAL BUDGET
STAFF REPORT BY: Michael Sears, Gary Mumford, Sylvia Jones
cc: Rocky Fluhart, David Nimkin, Ed Rutan, Rick Graham, LeRoy
Hooton, Rick Dinse, Alison Weyher, Chuck Querry, Tim
Campbell, Steve Fawcett, Gordon Hoskins, Laurie Dillon, Kay
Christensen, Susi Kontgis, Randy Hillier, DJ Baxter
On May 6, 2003, Mayor Anderson presented his recommended budget for fiscal
year 2003-04. Council staff has prepared this overview of some of the major
issues contained in the Mayor's Recommended Budget to allow the Council to set
priorities to best utilize Council staff resources during the budget review and
adoption process.
Council staff will be providing the Council with a more comprehensive analysis of
proposed department budgets prior to each briefing. Based on the information
contained in this overview, the Council may wish to indicate areas of particular
interest or concern. Council Members may also wish to identify any funding
priorities that they would like Council staff to consider while analyzing the
budget.
GENERAL FUND
The General Fund accounts for traditional government services such as police,
fire, streets, parks, community 8s economic development, and general
government. The Mayor's recommended General Fund expenditure budget for
fiscal year 2003-04 is $165,034,393. This is a 0.6% increase over the adopted
fiscal year 2002-03 budget.
Proposed General Fund Budget
Fiscal Year 2003-2004
Revenue $164,986,670 $161,186,949 $(3,799,721) (2.3%)
Expenditures $164,023,481 $165,034,393 $ 1,010,912 0.6%
The Mayor's Recommended Budget includes a$3,847,444 deficit between revenue
and expenditures in the General Fund. The Administration proposes to balance
this deficit using fund balance. The accumulated fund balance is approximately
$26,000,000 or almost 16% of General Fund revenue. An appropriation of
$3,847,444 will reduce fund balance to about $22,250,000 or 13.8% of general
fund revenue. The Mayor stated that while using fund balance is not a viable
long-term solution, the City's healthy fund balance can help the City continue to
realize its long-term goals for funding capital improvement projects until the •
economy improves.
GENERAL FUND REVENUE
General Fund activities are funded primarily by property taxes, sales taxes,
franchise taxes and licenses and permits. The table below reflects the fiscal year
2002-03 budget for revenue and the proposed budget for fiscal year 2003-04.
PROPOSED GENERAL FUND REVENUE
FISCAL YEAR 2003-2004
t= Year- I e r_._ D e r e :Sion
- ,1,-,2004041s, : :. hange
Property taxes $61,648,847 :-$S909- $(2,420,338) (3.9%)
Sales and use taxes 41,951,328 ,''Y' -_ „ - (1,846,882) (4.4%)
Franchise taxes 20,794,775 2 ,814_ 1,290,039 6.2%
Payment in lieu of taxes 935,960 - 03t (15,924) (1.7%)
Licenses and permits 9,678,041 0 )
_, 7 � (1,303,040) (13. /o 5
Intergovernmental revenue 3,954,115 4 72,,08t- 217,969 5.5%
Charges for services 2,758,385 ".V,4, 63 445,870 16.2%
Parking meter revenue 1,370,000S8,1 00 486,600 35.5%
Fines and forfeitures 7,920,5004514_ 1,051,014 13.3%
Interest income 2,900,000 -''- $0:4} 600,000 20.7%
Administrative fees from other o )
City funds 7,218,300 " ;;_ 6$$ (809,718) (11.2%)
Miscellaneous revenue 791,067 ; 910 019 118,952 15.0%
Interfund transfers in 3,065,352 :. '1,450$9 (1,614,263) (52.7%)
Total General Fund Revenue $164,986,670 $161,1 , $(3,799,721) (2.3%)
Property tax: A separate property tax is proposed for the Governmental Immunity
Fund with an offsetting reduction to the General Fund of $1,300,000. Property
taxes are projected to decrease $1,120,000 in addition to the effect of transferring
the Governmental Immunity tax levy. The Administration is assuming an error in
the County Auditor's Office that impacts the certified tax rate will be successfully
appealed to the State Tax Commission. If the petition to the State Tax Commission
is not successful, property taxes will be less than the amount shown in the Mayor's
recommended budget by an additional$1,222,000.
Sales tax: Taxable retail sales in Salt Lake City continue to decline. A new sales
tax on cable and satellite TV passed by the 2003 Legislature is expected to bring
in $137,600 for Salt Lake City. Total retail sales are expected to decline by
$184,482. The resulting combined decline is $46,882. As noted on the table
above, sales and use tax for fiscal year 2002-2003 included the $1,800,000
reimbursement of sales tax that was being held in the UTA Light Rail account.
2
within the CDBG Fund thereby eliminating the expenditures within the General
Fund and the offsetting $1,281,804 of interfund revenue. The effect of this •
accounting change is a reduction in the amount of General Fund expenditures.
GENERAL FUND EXPENDITURES
Beginning on page 6, there is a discussion of major changes to the proposed
budget of each General Fund department.
PROPOSED GENERAL FUND EXPENDITURES
FISCAL YEAR 2003-2004
F cal=Year . Fiscal Year Differen
ce Percent
20 03 _ 2003 2004 . .
Attorney's Office $ 2,632,715 =8.2;754,754 $ 122,035 4.6%
Community& Economic 9,529,434 8,551,45 (968,008) (10.2%)
Development
Fire 26,370,546 ,27,525366 1,157,820 4.4%
Management Services 8,942,888 '- 8,915,333, (27,555) (0.3%)
Police 42,425,069 43,219,399 794,330 1.9%
Public Services 32,589,220 1= ,p63,834 1,474,614 4.5%
Office of the Mayor 1,582,831 1 ; = (257,629) (16.3%)
City Council Office 1,555,426t584,A(5 28,357 1.8%
Non-Departmental 38,395,352 -37 082300 (1,313,052) (3.4%)
Total General Fund Expenditures $164,023,481 '$165,034 3 $1,010,912 0.6%
The proposed budget contains a $3,180,200 increase in salaries and wages for
General Fund employees. Pension costs are increasing $669,600 for the General
Fund. The public safety retirement plan has the largest percentage increase,
which impacts the Police Department by $407,600. The General Fund's share of
health insurance premiums is increasing by$172,500.
CHANGES PROPOSED IN FULL-TIME EQUIVALENT POSITIONS
The Mayor is proposing decreasing 12.14 full-time-equivalent positions within the
General Fund. Some other positions are proposed to shift between departments.
PROPOSED CHANGES IN FULL-TIME EQUIVALENT POSITIONS
FISCAL YEAR 2003-2004
Fiscal Year Fiscal
2002-2003 3 =Fy" _ Chartge
Attorney's Office 31.29 3 1.00 3.2%
Community&Economic Development 127.00 1 .40 (7.60) (6.0%)
Fire 360.50 358 -`;` (2.50) (0.7%)
Management Services 122.31 120.,, (1.35) (1.1%)
Police 581.63 - _ 577. - (4.45) (0.8%)
Public Services 445.85 451 -- 5.16 1.2%
Office of the Mayor 21.00 1<9.. ', (2.00) (9.5%)
City Council Office 19.00 18.60 (0.40) (2.1%)
Total General Fund Expenditures 1708.58 1696:44 (12.14) (0.7%)
4
Attorney's Office - By budget amendment, additional prosecutor positions were
• added last December in connection with taking over prosecution of highway patrol
and certain other cases that were traditionally prosecuted by the district attorney.
To help balance the shortfall in fiscal year 2002-03, a vacant secretary position
was cut by budget amendment. The net result of changes in staffing approved by
budget amendment was an increase of one position. The proposed budget for
fiscal year 2003-04 does not contain any additions or reductions to the existing
staff levels for the City Attorney's Office.
Community 86 Economic Development - Four positions were cut by budget
amendment (Zoning Inspector, Development Review Planner, Building Inspector,
and Research Assistant). These positions are currently all vacant. Two full-time
special event positions are proposed to be shifted to the Public Services
Department. One full-time position is proposed to be changed to a seasonal
position. Traditionally, the City doesn't account for seasonal or temporary
employees in the staffmg document. A Traffic Control Center Operator is
proposed to change to a grant funded position. Traditionally, grant funded
positions are not accounted for in the staffing document, unless the grant is one
that continues from one year to the next, such as CDBG. This grant that funds
this position will continue until the end of fiscal year 2003-2004. If this position is
to continue next year, the City will have to find revenue from within the General
Fund. It is estimated that the necessary funds will be $175,000.
Fire - One position in the Communications Division and 1.5 FTE Fire Prevention
position were reduced by budget amendment. One additional position is
• proposed for elimination in Community Education.
Management Services A Human Resource Associate position and a Cashier
position were eliminated by budget amendment.
Police - Two positions were reduced by budget amendment. In addition, a vacant
victim advocate position and a vacant youth 86 family specialist position are
proposed to be eliminated. This will leave three victim advocate positions and
three youth 86 family specialist positions. A part-time civilian position that the
Council added last year to help the Police Department transport and set up speed
boards was never filled and is proposed to be eliminated. Speed boards are
deployed using current staffing. The Council eliminated the CDBG budget
funding for one community support position. The funding for this position has
been restored by the Administration in the General Fund.
Public Services - Two youth program positions are proposed to be transferred
from the Mayor's Office. One new risk management specialist position and .10
FTE of an accountant position are proposed to be added. There are 3 new
groundskeeper positions and 3.19 FTE seasonal groundskeeper positions
proposed. There is a new .50 FTE unclassified Office Facilitator position proposed
and .72 FTE additional program assistants to assist with weekend programs in
the Youth 86 Family Programs Division. There are 5.26 positions proposed for
elimination in the Concrete Maintenance program and 1.27 part time
maintenance worker positions also proposed for elimination.
Office of the Mayor - Two youth program positions are proposed to be transferred
• to Public Services.
City Council Office- One vacant part-time position will be eliminated.
5
SIGNIFICANT CHANGES PROPOSED TO CITY DEPARTMENT BUDGETS
(General Fundl
•
City Attorney's Office:
• $ 82,215 - Salary increase assumption
• $ 15,840 - Pension rate increase
• $ 3,504 - Employee health insurance rate increase
• $( 55,432) - Shift CDBG salary to CDBG Fund
• $( 6,000) - Reduction in office supplies and equipment
• $( 42,350) - Reduction in office expenses in the prosecutor's office
(The City Prosecutor may request that these funds be restored
in future fiscal years.)
• $ 24,482 - The proposed budget contains additional funding for career
ladder promotions. One attorney in the Civil Division and five
attorneys in the Prosecutor's Office are eligible for promotions
under the career ladder program. The Prosecutor's Office
Career Ladder program is not part of the City's compensation
ordinances.
Community 86 Economic Development:
• $ 253,343 - Salary increase assumption
• $ 55,440 - Pension rate increase
• $ 13,596 - Employee health insurance rate increase
• $(1,029,532) - Shift CDBG salary to CDBG Fund
• $( 189,992) - Transfer Events Program from CED to Public Services
• $( 25,000) - Reduce budget for street light power
• $( 25,700) - Reduce peer review of structural plans
• $( 42,914) - Miscellaneous reductions
Fire:
• $ 667,623 - Salary increase assumption
• $ 12,252 - Pension rate increase
• $ 38,880 - Employee health insurance rate increase
• $( 45,435) - Eliminate fire education specialist (layoff)
• $( 81,204) - Shift an Airport funding captain position to a grant funded
position
Management Services
• $ .218,538 - Salary increase assumption
• $ 48,876 - Pension rate increase
• $ 12,660 - Employee health insurance rate increase •
• $( 91,967) - Shift CDBG salary to CDBG Fund
6
• $( 28,701) - Reduce budget for part-time judges
• • $( 82,000) - Courts building maintenance and utilities transferred to
public utilities
• $( 13,000) - EEO consultant expense
• $( 64,644) - Shift accounting system (IFAS) coordinator to IMS with the
General Fund's portion continuing to be paid for by an
appropriation from Nondepartmental
• $( 66,228) - Shift CIP coordinator position to CIP Fund
• $( 15,564) - Administrative secretary position (vacant) downgraded to
senior secretary
• $( 13,748) - File clerk position downgraded (vacant)
• $( 27,000) - Reduce budget for equipment replacement
• $( 74,562) - Miscellaneous reductions
Police
• $ 1,386,448 - Salary increase assumption
• $ 407,580 - Pension rate increase
• $ 61,896 - Employee health insurance rate increase
• $( 52,308) - Eliminate one victim advocate position (vacant)
• $( 49,596) - Eliminate one youth 8s family specialist position (vacant)
• $( 39,000) - Eliminate funding for retired officers to deploy speed boards
• ($50,000 was added for this service by the Council in 2002-
2003)
• $( 200,000) - Management of overtime
• $( 40,000) - Shift CDBG salary to CDBG Fund
• $ 40,000 - Fund COP civilian position that was cut from CDBG funding
with General Fund resources.
• $( 50,000) - Reduce expense for vehicle fuel based on analysis
• $( 94,000) - Delay replacement of laptop computers used in patrol cars
• $( 32,000) - Delay replacement of copy machines, pedal bikes and other
equipment
• $( 35,000) - Savings in cell phone and pager costs by using better plans
• $( 195,000) - Reductions to supplies and other expenses
Public Services
• $ 502,518 - Salary increase assumption
• $ 118 439 - Pension rate increase
• $ 33,804 - Employee health insurance rate increase
• $( 584,944) - Transfer fleet replacement to non-departmental
• $( 208,999) - Fleet maintenance and fuel savings
• $( 168,564) - Reduce 50/50 Concrete Program
• $ 290,000 - Plaza 349 maintenance and utilities
7
• $ 123,000 - West Side Police Precinct maintenance and utilities
• $ 82,000 - Court Building maintenance and utilities •
• $ 60,400 - Library Square Plaza area maintenance
Non-Departmental:
• $( 2,394,497) - Decrease in transfer to CIP with ongoing revenue (excluding
the portion required for debt service)
• $( 225,000) - Decrease in impact fee revenue due to projected decrease in
impact fee revenue from development activity
• $ 612,944 - Increase in funding for fleet replacement
• $ 175,000 - Funding for election processing
• $ 146,456 - Increase in funding for the Information Management Services
Fund
• $( 125,000) - Decrease for interest on tax&revenue anticipation notes
• $ 59,618 - Increase in funding for Insurance 8v Risk Management Fund
• $ 83,812 - Increase for Legal Defenders
• $( 15,000) - Elimination of one-time funding for community television
services provided by the Salt Lake Community College
• $ 12,900 - Increase for animal control services contract
• $ 5,000 - Increase in funding for Utah League of Cities &Towns
• $ 5,000 - Increase for Washington DC Consultant
• $ 5,000 - Increase in transfer to Street Lighting Assessment Fund
Mayor's Office:
• $ 32,856 - Salary increase assumption
• $ 4,824 - Pension rate increase
• $ 2,052 - Employee health insurance rate increase
• $( 91,709) - Shift CDBG salary to CDBG Fund
• $( 162,638) - Transfer Youth Services function to Public Services
• $( 43,891) - Misc. Reductions
City Council Office:
• $ 36,697 - Salary increase assumption for staff
• $ 6,300 - Salary increase assumption for Council Members
• $ 6,072 - Pension rate increase
• $ 2,040 - Employee health insurance rate increase
• $( 16,068) - Eliminate vacant part-time position
• $( 30,632) - Misc. Reductions
•
8
CAPITAL PROJECTS FUND
411 The Capital Projects Fund is used to account for non-enterprise fund resources
for construction, major repair or renovation of streets, parks, public buildings or
other city property. The construction, repair, or renovation may require more
than one budgetary cycle to complete. The Capital Improvement Program is a
multiyear planning program that uses three main planning documents: a 20-Year
Inventory of Capital Needs, a 6-Year Capital Improvement Plan, and each fiscal
year's capital budget. Projects are reviewed and ranked by a citizen board and by
City staff. The Mayor considers this input and arrives at a recommended list. The
City Council makes the final determination of projects to be funded.
Appropriations to the Capital Projects Fund do not lapse at year-end.
CAPITAL PROJECTS FUND
PROPOSED BUDGET
Adopted = D i - _: = Percent: -
2002-2003==' 2003-2►t 4=-
Sources of funds
Transfer from the General Fund $18,949,321 $21,256,834 $2,307,513 12.2%
Class C Road funds 2,250,000 1,400,000 (850,000) (37.8%)
CDBG 2,120,258 1,968,000 (152,258) (7.2%)
Other sources 1,219,225 2,199,003 979,778 80.4%
Impact Fees 0 778,160 778,160
Total funds available $24,538,804 $27,601,997 $3,063,193 12.5%
Uses of funds
Transfer to debt service $14,741,423 $14,137,003 $(604,420) (4.1%)
Capital outlay 9,797,381 13,464,994 3,667,613 37.4%
Total uses of funds $24,538,804 $27,601,997 $3,063,193 12.5%
• Ongoing Funding of 9% of General Fund Revenue -The Council has a policy of
dedicating an amount equal to at least 9% of general Fund on-going revenue to
the City's capital improvement program to meet physical infrastructure needs.
This year the Mayor is proposing that $3,847,444 (27.7% of the 9%) of General
Fund fund balance be appropriated to bring the allocation of General Fund
revenue up to the 9% level. The Mayor proposes $10,033,831 to come from
General Fund revenue (72.3% of the 9%). Therefore, rather than 9% from on-
going revenue, the Mayor's budget proposes that 6.5% come from on-going
revenue and 2.5% from fund balance.
• Transfer of CIP Coordinator/Senior Budget/ Policy Analyst - The Mayor is
recommending that the CIP Coordinator salary and benefits be transferred to
the CIP Fund. This transfer is consistent with Council comments regarding
increased allocation of engineering expenses to the CIP Fund. There may be
additional salary and benefits expenses that can be transferred to the CIP
Fund from other departments. The Council may wish to clarify whether the
CIP responsibilities require full-time attention, since the CIP focus has not
been full-time in the past.
•
9
ENTERPRISE FUNDS
Enterprise funds are used to account for operations that are financed and •
operated in a manner similar to a private business enterprise. The intent is that
the costs of providing goods or services to the general public on a continuing
basis be financed or recovered primarily through user charges.
Airport Authority Fund
The Department of Airports is the City department that manages the Salt Lake
City International Airport, Airport II in West Jordan, and Tooele Valley Airport. •
The terminal complex at the International Airport consists of two terminal
buildings, international arrivals building and five concourses providing 71 aircraft
parking positions (51 jet/20 commuter jet or propeller). The east side of the
Airport is principally used for general aviation and military activities. User fees
are charged to airlines, car rental agencies, airport concessionaires, etc. Other
revenue sources are automobile parking fees, passenger facility charges, hangar
rental, and airport improvement grants.
DEPARTMENT OF AIRPORTS
PROPOSED BUDGET
2t4
Sources of funds
Operating revenue $93,755,300 $85,014,400 $(8,740,900) (9.3%)
Other sources of funds
(grants, interest, and 69,162,000 166,335,700 97,173,700 140.5%
accumulated passenger facility •
charge revenue)
Total funds available $162,917,300 $251,350,100 $88,432,800 54.3%
Uses of funds
Operating expenses $62,474,500 $65,581,600 $3,107,100 5.0%
Capital outlay 80,157,000 127,979,600 47,822,600 59.7%
Dept service 13,347,700 9,727,800 (3,619,900) (27.1%)
Buyout of bonds - 46,799,200 46,799,200
Increase of reserves 6,938,100 1,261,900 5,676,200 (81.8%)
Total uses of funds $162,917,300 $251,350,100 $88,432,800 54.3%
• Airline rents and landing fees - The Department of Airports is proposing to
retire some debt early using funds that have accumulated from passenger
facility charge revenue. This allows the Department of Airports to lower airline
rents and landing fees since the formula include a smaller annual debt
payment.
• Salary and health insurance increases - Personal service costs assumes an
increase in base salaries in accordance with union contracts and a 3%
increase for those not covered by a union contract. Citywide pension and
health insurance premiums are increasing. The expense budget and related
airline rents and landing fees will be adjusted to reflect those personal service
costs contained in the compensation plans that are adopted by the Council. •
10
• Development of new terminal - Construction of the landside elements of the
master plan will occur over the next three years for approximately$60 million.
The Airport Director reports that new terminal facilities have been
reprogrammed and are ready for design when passenger volumes recover and
airline financial stability allow for a prudent development of new facilities.
• Capital improvement projects to existing terminal facilities - Several major
projects to the existing facilities are proposed at a cost of about $44 million.
Now that the new terminal has been delayed, the Department is requesting
some needed improvements to the existing facilities.
Golf Fund
The City has provided golf facilities for over 80 years. The main policies that
guide the division are to offer an accessible, reasonably priced, recreational
opportunity to all sections of the golfing public and to preserve open spaces in an
urban setting. Participants in golf pay fees that underwrite the cost of providing
these services. The Council traditionally sets golf fees at a level necessary to
ensure the long-term financial stability of the Golf Fund while maintaining the
golf program's competitiveness within the market.
GOLF ENTERPRISE FUND
PROPOSED BUDGET
•
2 r'
Revenue&other sources
Green fees $4,521,677 $5,063,368 $541,691 12.0%
Cart rental 1,711,002 =EOM 152,780 8.9%
Retail sales 823,180 709 500 (113,680) (13.8%)
Driving range fees 377,936 381.808 3,872 1.0%
Season passes 30,000 30,000
Concessions 134,598 115,930 (18,668) (13.9%)
Advertising fees 110,000 110,000
Program income 800,000 (800,000) (100.0%)
Intergovernmental revenue 50,000 386,642 336,642 673.3%
Interest income 50,000 41,200 (8,800) (17.6%)
Miscellaneous 39,859 1111111=Mal (13,096) (32.9%)
Appropriation of reserves 85,355 -_ (85,355) (100.0%)
Total revenue&other sources $8,593,607 111ENEE3 $135,386 1.6%
Ex•enses&other uses .111111111111
O•eratin• &maintenance $6,592,342 $7,114,072 $521,730 7.9%
Debt and interest 1,051,068 1,211,180 160,112 15.2%
Capital outla 950,197 399,999 (550,198 57.9%)
Increase of reserves 11111ME91 3,742
Total ex•enses&other uses $8,593,607 $8,728,993 $135,386 1.6%
The Golf Enterprise Fund operates without assistance from the General Fund. All
operating and capital expenditures are funded by user fees. User fees are
• proposed to increase 8% in fiscal year 2003-2004, 5% in 2005-2006 and 5% in
2007-2008.
11
The demand for paid 9-hole equivalent golf rounds is anticipated to remain steady
at approximately 475,000 to 525,000 rounds per year. Nationwide there is an over .
abundance of golf courses and a flat consumer demand. Locally, the increase in
golf courses has been greater than the increase in population to play the courses.
Salt Lake City's golf rounds have remained stable amid this overbuilding of
competing golf courses.
There are two significant factors that are contributing to increased operating
expenses for the Golf Enterprise Fund; higher water rates and increased
personnel costs. The Golf Division is addressing inequities within compensation
plans for the 100 and 200 series golf employees. A one-time budget expense of
$80,000 has been included in the budget to address the seasonal and seven-day-
a-week aspect of the division.
The Golf Division is continuing the implementation of the Golf Marketing Plan and
is following the advertising, marketing, and discount programs identified in the
plan.
•
•
12
Intermodal Hub Fund
iIn October 1997, the City and UDOT entered into an interlocal agreement to
shorten the 400, 500 and 600 South viaducts. Because the City wanted the
viaducts shortened, tracks had to be moved and the City had to make a
commitment to Amtrak for relocating Amtrak off of the 500 West tracks. The City
identified a site at 600 West and 200 South for the Intermodal Hub. In February
1999, the City established the Intermodal Hub enterprise fund. It was
contemplated that this fund will own and operate facilities for a ground
transportation transfer station for Amtrak, bus lines, commuter rail, light rail, UTA
buses, and taxi companies.
The City anticipated that rental revenue from ground transportation businesses
and from restaurants or other support businesses would be sufficient to pay
operating costs and repay any debt. The land was acquired for the Hub, old tracks
were removed, new tracks were installed, utilities were extended, platforms were
constructed, and a temporary structure housing Amtrak placed at the site. The
City applied for federal transportation grant funding of construction costs, but so
far only about $1 million annually has been received. The City Council loaned the
Intermodal Hub Fund $4,006,708 from the City's fund balance, and the RDA
loaned an additional $2,250,000. Later, the City Council forgave the loan from the
General Fund by appropriating the funds to the Intermodal Hub. The City is
anticipating additional federal funding.
INTERMODAL HUB FUND
PROPOSED BUDGET
• �"� "����3��� �� � � tea. dt" k. e<�
Revenue&other sources 11.11.1111111 -��
Inter.ovemmental revenue $ 1,500,000 Iffragan $4,451,765 296.8%
Private funding 1,500 000 1,500,000 100.0%
Buildin• lease revenue 97,700 8,400 (89,300) (91.4%)
Bond Proceeds 2 500,000 2,500,000 100.0%
Appropriation of reserves NW= 3,845,526 100.0%
Total revenue $1,597,700 $13,805,691 $12,207,991 764.1%
Ex•enses&other uses
Engineer&architectural services $ - $ 1 606,316 $ 1,606,316 100.0%
Administrative service fee for 113,730 113,750 100.0%
General Fund services
Other cha •es for services 97,700 MEM 7,730 9.9%
Capital outlay 1,500,000 12,000,000 10,500,000 700.0%
Total ex•enses $1,597,700 $13,805,691 $12,207,991 764.1%
The Administration will begin the construction of the Intermodal Hub in calendar
year 2003. There are several projects planned for the area near the Intermodal
Hub. It is anticipated that by 2007 there will be commuter rail serving the
Intermodal Hub. Bus, taxi, private bus and UTA bus services are also expected to
be offered at the hub in the near future. UTA and the City are also exploring the
possibility of a Light Rail line from the current terminus of the North-South Light
• Rail Line at 400 West to the Intermodal Hub. If this Light Rail "spur" and the
previously planned Light Rail loop are constructed, the City may need to contribute
13
local government funds to the project. Funding requests and project proposals will
be brought to the Council when the options and plans are developed.
•
Refuse Collection Fund
A weekly trash pickup service is provided to the residents of Salt Lake City.
Additionally, residents receive an annual curb side pickup designed for large or
oversized debris as well as leaf bag removal, street sweeping, urban forestry
services, and weekly curbside recycling pickup. During fiscal year 2002-2003 the
City changed the funding source for the leaf removal, street sweeping and urban
forestry programs from the Refuse Collection Fund to the General Fund. No fee
increase is planned for the upcoming fiscal year.
REFUSE FUND
PROPOSED BUDGET a�
Revenue&other sources
Refuse fees $4,911,470 $5 811,780 $900,310 18.3%
Landfill dividends 1,241,711 =EOM (8,713) (0.7%)
Stormwater Fund-leaf removal 327,000 374,000 47,000 14.4%
Sale of vehicles 264,000 .151 000 (113,000 (42.8%
Interest income 153,000 92,000 (61,000) (39.9%)
Appropriation of reserves 817,634 308,074 509,560 (62.3%)
Total revenue&other sources $7,714,815 - $7 •69,852 $255,037 3.3%
Ex' -nses&other uses MM. •
Weekl trash collection $4,931,276 - 931,205 • 0.00%
Curbside recycling 972766 11111111=1 $364,125 37.43%
Annual neighborhood cleanup 1810773 1701757 ($109,016 (6.02%
Total ex. •nses 8 other uses $7,714,815 11111=3 $255,038 3.31%
Sewer Fund
The Department of Public Utilities has over 48,350 sewer connections. The Sewer
Utility maintains 615 miles of sanitary sewer pipe and connection lines. The
reclamation plant treats an average of 36,922,000 gallons of sanitary sewer per
day. Maintaining the sewer lines and operating the lift stations and reclamation
plant is accomplished with 102 employees.
(See next page for table of proposed budget for the Sewer Fund.)
•
14
• SEWER FUND
PROPOSED BUDGET
( � % 5 ' •�E S ff S 4
t ...,e « � � � �� � ���§a�� ua -��
Revenue&other sources 1111111 -
Sewer service fees $14,824,000 $15,613,160 $ 789,160 5.3%
Interest income 800,000 450 000 (350,000) (43.8%)
Permits 85,000 85,000
Impact fees 600,000 600,000 -�
Other 807,000 807,000
Bond proceeds 25,000,000 25,000,000
Use of cash reserves 5,078,114 4,577,540 (500,574) (9.9%)
Total revenue&other sources $47,194,114 $47,132,700 $ (61,414) (0.1%)
Expenses
Salaries, wages&benefits $5,502,235 $5,675 520 $ 173,285 3.1%
Materials&supplies 1,343,620 1,320,352 (23,268) (1.7%)
Charges for services 2,384,902 2,603,828 218,926 9.2%
Capital Outlay
Capital improvement 35,129,557 33,793,500 (1,336,057) (3.8%)
Vehicles&equipment 1,308,800 959,500 (349,300) (26.7%)
Debt Services 1,525,000 2,780,000 1,255,000 82.3%
Total Ex•enses&Ca.ital $47,194,114 $47,132,700 $ (61,414) (0.1%)
The Council received a briefing on the budget for the Sewer Fund on April 1st. The
Department of Public Utilities assumed a $173,285 increase in salaries and
related benefits in accordance with union contracts and a 3% increase for those
not covered by a union contract. The expense budget will be adjusted to reflect
those personal service costs contained in the compensation plans that are
adopted by the Council.
At the request of Council Member Lambert, the Department provided the following
possible budget reductions. The Council may wish to tentatively determine
whether it prefers that the budget be reduced for some of these items.
• $(15,000) - Reduction in travel, conventions and workshops (Result:
Reduction in the level of technical skills and expertise)
• $( 5,000) - Department annual report (Result: Loss of ability to educate and
inform the public on city public utility issues)
• $(10,000) - Funding for safety incentive program (Result: Elimination of a
very effective program that has reduced accidents and costs)
• $(12,000) - Delay in computer replacement program (Result: Delay in
computer upgrades at the Water Reclamation Plant)
• $(12,000) - Delay the replacement of golf carts at Reclamation Plant (Result:
A reduction in vehicle replacement program)
• $( 5,000) - Reduce chemical usage at the plant (Result: Delay the response
to odor events)
• $(50,000) - Reduce cost of sludge management by retaining sludge longer on
• site (Result: Inability to pay disposal fees if the current contract
with Kennecott is terminated)
15
Stormwater Fund
The Department of Public Utilities maintains over 432 miles of stormwater pipe •
and collection lines using 28 employees. Stormwater employees also monitor the
snow pack water content and manage the stormwater permit process.
STORMWATER FUND
PROPOSED BUDGET
•
Revenue&other sources
Stormwater service fee $5,295,199 $5,348,151 $ 52,952 1.0%
Coun Flood Control 200,000 200,000 - -�
Interest 300,000 270 000 (30,000) (10.0%)
Impact fees 250,000 250 000 -
Contribution by developers 516,000 516,000 -
Other revenue 40,000 40,000 -
Bond proceeds 9,000,000 0,000,000 (1,000,000 (11.1%
Use of reserves 841,466 841,466
Total revenue&other sources $15,601,199 $15,465,617 $ (135,582) (0.9%
Exienses
Salaries,was es&benefits $1,4490,140 $1,480151 $ 31,011 2.1%
Materials&supplies 119,150 119 650 500 0.5%
Charges for services 1,289,572 1,350,816 61,244 4.7%
Ca•ital Outla -�
Capital improvement 6,549,311 11,575,000 5,025,689 76.7%
Vehicles&equipment 740,000 140,000 (600,000) (81.1%)
•
Debt Services 375,000 800,000 425,000 113.3%
Increase to reserves 5,079,026 11111111_ (5,079,026
Total Ex -nses&Ca.ital Outla $15,601,199 $15,465,617 $ 135,582 0.9%
The Council received a briefing on the budget for the Stormwater Fund on April
1st. The Department of Public Utilities assumed a $31,011 increase in salaries
and related benefits in accordance with union contracts and a 3% increase for
those not covered by a union contract. The expense budget will be adjusted to
reflect those personal service costs contained in the compensation plans that are
adopted by the Council.
At the request of Council Member Lambert, the Department provided the following
possible budget reductions. The Council may wish to tentatively determine
whether it prefers that the budget be reduced for some of these items.
• $(5,000) - Reduction in travel, conventions and workshops (Result -
Reduction in the level of technical skills and expertise)
• $(5,000) - Department annual report (Results - Loss of ability to educate and
inform the public on city public utility issues)
• $(5,000) - Funding for safety incentive program (Result - Elimination of a very
effective program that has reduced accidents and costs)
•
16
Water Fund
• Salt Lake City's water delivery system to City and County residents depends on a
network of dams, aqueducts, water treatment plants, distribution reservoirs, and
water mains. Upkeep and maintenance of older systems and construction of new
systems is very costly. The Department of Public Utilities has over 90,000 water
service connections and provides over 33 billion gallons of water annually. The
Water Utility has 1,199 miles of water mains and 167 miles of conduit and supply
lines. The Water Fund has 269 employees.
WATER FUND
PROPOSED BUDGET
•
x . _,._,..r ... „ ..,,... .. ..,... '
' . � � k
��
Revenue&other sources
Metered sales $40,257,000 $41,413,498 $1,156,498 3.0%
Interest income 1,250,000 800,000 (450,000) (36.0%)
Interfund charges 2,049,020 2,126,425 77,405 3.8%
Salt of used equipment 50,000 50,000 - -
Contribution b developers 1,105,000 1,355,000 250,000 22.6%
Use of cash reserves 18,219,708 14,540,349 (3,679,359) (20.2%)
Total revenue&other sources $62,930,728 $60 285 0272 $(2,645,456) (4.2%)
Ex•enses
Salaries,wa•es&benefits $13,075,538 $13 616,812 $541,274 4.1%
Water purchases 6,825,000 9,060,000 2,225,000 32.6%
Materials&supplies 2,272,473 2,394,399 121,926 5.4%
• Char•es for services 7,261,970 7,026,026 (235,944) 3.2%)
Ca•ital Outla
Capital im•rovement 26,337,433 22 007.831 (4,329,602) (16.4%
Vehicles&equipment 2,358,314 1,447,600 (910,814) (38.6%)
Debt Services 4,800,000 4,742,704 (57,296) (1.2%)
Total Ex•enses&Ca•Its!Outla $62,930,728 660,285,272 $(2,645,456) (4.2%)
The Council received a briefing on the budget for the Water Fund on April 1st. The
Department of Public Utilities assumed a $541,274 increase in salaries and
related benefits in accordance with union contracts and a 3% increase for those
not covered by a union contract. The expense budget will be adjusted to reflect
those personal service costs contained in the compensation plans that are
adopted by the Council.
At the request of Council Member Lambert, the Department provided the following
possible budget reductions. The Department provided a statement of the
potential results or impact that the reduction may have. The Council may wish to
tentatively determine whether it prefers that the budget be reduced for some of
these items.
• $( 30,000) - Landscaping at the Day Riverside Detention Basin (Result -
Possible loss of matching funding from Central Utah Water
Conservancy District)
• • $( 30,000) - Landscaping at Administration Building (Result - Possible loss
of matching funding from Central Utah Water Conservancy
District)
17
• $(165,000) - Watershed Education Program (Result - This is the last major
component of Watershed Education Program which could •
provide the highest results for watershed protection and
reduce future costs)
• $( 25,000) - Funding for safety incentive program (Results - Elimination of
a very effective program that has reduced accidents and costs)
• $( 16,000) - Reduction in travel, conventions and workshops (Results -
Reduction in the level of technical skills and expertise)
• $( 20,000) - Reduction in chemical purchases due to delayed
implementation of fluoridation (Results - The actual cost of
chemical is not known at this time and might increase)
• $( 8,000) - Department annual report (Results - Loss of ability to educate
and inform the public on city public utility issues)
• $( 14,000) - Two educational brochures (Results - Loss of ability to
educate and inform the public on city public utility issues)
• $( 3,000) - Reduction in the number of technical books purchased
(Results - Loss of educational material)
• $( 45,000) - Delay construction of canyon restrooms (Results - Restrooms
need to be upgraded to provide adequate facilities to maintain
water quality)
• $( 25,000) - Delay purchase of a total organic carbon (TOC) analyzer for
water treatment plant (Results - The Department will use the
old TOC analyzer with potentially less reliable results)
• $( 24,000) - Delay purchasing 1/2 top full size truck (Result- A reduction in
vehicle replacement program)
INTERNAL SERVICE FUNDS
Internal service funds are used to account for the financing of services provided
by one department or agency to other departments or agencies of the city. The
City budgets for the following internal service funds:
Copy Center Fund
This fund accounts for the financing of the centralized copy center. The Copy
Center provides copying, courier, and postal services. Each department, division,
or office pays the Copy Center for services. There are no proposed changes to the
budget for the Copy Center.
COPY CENTER FUND
PROPOSED BUDGET
X
,'.Fyl�Fm �ys ,1y"-r r ,
-t,� ¢b'Ltd � 3x:PF3 id t �` �
t..„-r..,_ ,. s.,d..w,,... ....�.w`3,.., ss .. ...ai .;°
Revenue 1111111111111111
Charges for services $462,897 - -
Miscellaneous 214,500 214,500 - -
Total revenue $677,397 $677,397 - -
Exi nses
Materials and Supply $289,500 $289 500 - - •
Charges and Services 387,897 387,897 - -
Total ex. -nses $677,397 $677,397 - -
18
•
Fleet Management Fund
• The Fleet Management program provides vehicles, maintenance, and fuel for the
city on a cost-reimbursement basis. This fund does not provide services to the
Airport. It provides only maintenance and fuel services for Public Utilities
because the Department of Public Utilities purchases its own vehicles. Vehicle
replacement and purchases of additional vehicles are funded by the Non-
departmental budget within the General Fund rather than by each department.
FLEET MANAGEMENT FUND
PROPOSED BUDGET
Revenue&other sources
Maintenance fees $ 4,196,469 1111=Ell $501,653 12.0%
Fuel fees 1,947,965 1,258,160 (689,805) (35.4)%
Sale of vehicles 624,600 474,000 (150,600) (24.1%)
General Fund transfer 3,949,537 4,568 960 619,423 15.7%
Other revenue 235,000 56,070 178,930) 76.1%)
Use of reserves 220,265 596,850 376,585 171.0%
Total revenue&other sources $11,173,836 $11,652,162 $478,326 4.3%
Ex• -nses&other uses 1111111.1111111
Personal services $ 2,226,974 IME $302,250 13.6%
Parts and supplies 3,913,051 3,296 288 (616,763 (15.8)%
Charges for services 666,759 689,941 23,182 3.5%
Debt and interest 3,285,452 4106 709 821,257 25.0%
• Capital outlay 1,081,600 4 030,000 (1,600 (4.8%)
Total ex•enses&other uses $11,173,836 ME= $478,326 4.3%
The Fleet Management program anticipates additional recapture of more than
$100,000 due to a more aggressive warranty program. The Fleet division is
proposing the addition of an accountant position to handle monthly billing
associated with the more aggressive warranty program.
The Fleet Division will also be centralizing the City's USDOT compliance program
and providing this service to City departments who do not have a lot of vehicles in
this program.
Over the next several years, the Fleet Division will be addressing deficiencies in
their stockroom, light and heavy shops, fuel operation and fleet pool and
replacement program. With an unlimited source of revenue the changes to the
operations at the Fleet Division could happen within the year, but given the
budget constraints of the City, it is anticipated that the changes will take at least
six years. The Fleet Division will soon be coming before the City Council to review
their proposed building remodeling, operating plans and propose a funding
program to address the deficiencies in the division.
•
19
Governmental Immunity Fund
This fund provides for protection against unfounded claims of liability and for
payment of legitimate claims. The source of revenue is a transfer from the City's
General Fund.
GOVERNMENTAL IMMUNITY FUND
PROPOSED BUDGET
Revenue&other sources
General Fund transfer $1,300,000 $ - $(1,300,000) (100.0%)
Prope tax revenue 1,300 000 1,300,000
Interest income 107,300 142,000 34,700 32.3%
Enterprise funds—to reimburse 32,000 32,000 for administrative costs
Total revenue&other sources $1,439,300 $1,474,031- $34,731 2.4%
Expenses
Personal services $ 425,765 $460;496 $34,731 8.2%
Other administrative costs 91,480 91 480 -
Claims and court costs 922,055 922 05 -
Total Expenses $1,439,300 $1,474,031 $34,731 2.4%
A separate property tax is proposed for the Governmental Immunity Fund with an
offsetting reduction to the General Fund of $1,300,000. The Administration is
proposing the same amount for paying liability claims as the adopted budget for •
fiscal year 2002-03. This amount was not sufficient during the current year
requiring a $200,000 increase to the budget by amendment (budget amendment
#12).
20
Information Management Services Fund
• This fund accounts for the financing of data processing and telephone
administration services. The non-departmental budget within the General Fund
appropriates funding of basic computer network for General Fund departments.
Departments are charged for a computer maintenance agreement (set fee per
computer), for discretionary computer support services not covered by the
maintenance agreement, and for telephone services.
INFORMATION MANAGEMENT SERVICES FUND
PROPOSED BUDGET
Revenue&other sources
Network/infrastructure fees from =
departments/funds $1,806,979 ►1 9 87 $112,893 6.2%
Telephone fees from departments/funds 727,386 734140 6,754 0.9%
Interest 36,367 _ 1 -T 55,314 152.1%
Miscellaneous revenue 55,186 _._2,042 (53,124) (96.3%)
Transfer from General Fund 4,886,786 _ 146,456 3.0%
Total revenue $7,512,704 sr,telomer $268,293 3.6%
Expenses&other uses =. _
Network/infrastructure $4,402,635 6 ' $133,928 3.0%
Software engineering 1,202,744 1 _ (6,019) (0.5%)
Web services 462,902 40_` (35,881) (7.8%)
Telephone services 929,461 927879 (1,582) (0.2%)
• Administration 514,962 tifr2,889 177,847 34.5%
Total expenses $7,512,704 ° $7R78,9 7 $268,293 3.6%
• $ 50,000- The proposed budget for Administration includes a$50,000
increase for capital expenditures.
• $ 70,610- The proposed budget for Administration contains an increase to
reimburse the general fund for central services including
accounting, payroll, purchasing, human resource management,
legal, cash management, Mayor, and City Council.
• $151,870- One network technician and one software engineer are proposed
to be added
•
21
Insurance &Risk Management Fund
This fund accounts for the financing of services related to employee health, •
accident, and long-term disability insurance, and unemployment benefits
managed by the Human Resources Management Division. This fund also
includes the City's Risk Manager and related insurance services, and worker's
compensation programs managed by the City Attorney's Office. Worker
compensation claims are handled through a contract third party administrator.
The Public Employees Group Insurance Program, a component unit of the State of
Utah, administers the City's self-insured health and accident program. The City
contracts with an actuary to set premiums on a yearly basis.
INSURANCE AND RISK MANAGEMENT FUND
PROPOSED BUDGET
Revenue&other sources
Premiums $22,228,682 $25,000,357 $3,571,675 16.1%
Interest 39,600 - (39,600) (100.0%)
Subrogation 50,000 50,000 -
Bus pass reimbursement 10,000 . . 0,000= 80,000 800.0%
Total revenue&other sources $22,328,282 $25;940,351 $3,612,075 16.2%
Expenses
Health insurance costs $15,914,642 $18,600,000 $2,685,358 16.9%
Dental insurance costs 1,729,304 1,850,004 120,700 7.0%
Life/accidental death costs 785,112 1,1 363,432 46.3%•
Long-term disability 406,500 . 501,000 94,500 23.2%
Workers compensation 1,416,059 : 1,685,003 249,004 17.6%
Unemployment compensation 141,780 : 141,780 -
Property insurance 730,800 1,0312. 300,852 41.2%
&surety bonds
Bus passes 89,991 00,000 9
Loss Control/Safety Program 50,000 50,000 -
Administration—Mgt Services 384,847 364,691 (20,156) (5.2%)
Administration—Attorney 243,500 220,095 (23,405) (9.6%)
General Fund services 227,810 231,228 3,418 1.5%
Increase reserves 207,937 46,300- (161,637) (77.7%)
Total Expenses $22,328,282 825, ,357 $3,612,075 16.2%
The budgets for fiscal year 2002-03 were originally adopted as part of the biennial
budget in June 2001. These budgets were not adjusted to reflect new insurance
rates. Therefore, a comparison between the proposed budget with the adopted
budget for fiscal year 2002-03 is not very helpful. Council staff will prepare a
separate staff report on the Insurance 8s Risk Management Fund.
22
DEBT SERVICE FUNDS
11 Debt Service Funds are used to account for the servicing of debt of governmental
funds.
Special Improvement Debt Service Fund
This fund is used to account for the cost of servicing the debt created by financing
the construction of public improvements deemed to benefit the properties against
which special assessments are levied. Special assessment districts are
established for construction or replacement of sidewalk, curb and gutter, or for
other improvements. Property owners have the option of paying up front for the
improvements or paying over a period of 5 years for sidewalks and 10 years for
curb and gutter. The City issues bonds for amounts to be paid over time and
property owners remit principal and interest payments annually.
SIDEWALK,CURB&GUTTER SPECIAL IMPROVEMENT DISTRICTS
DEBT SERVICE FUND
PROPOSED BUDGET
Revenue sources MIME
Special assessments $450,000 111ME1t,z,j1 $ -
Interest income 150,000 1 _.
Total revenue $600,000 _ _== $ -
Debt Service Ex. ,nditures 111111111111.11
• Bond princi•al $242,000 $244 OW_. $(1,000 0.4%)
Bond interest 51,320 11111MEMI 16,688 32.5%)
L-.al li-nr-I- ,arb'i -•e 60,350 UAW 1,200 2.0%
Transfer to general fund 77,957 -_-
Total Ex =nditures $431,627 $337,18 $ 16,488) 4.7%)
• Special improvement district bonding requires the City to maintain a
guarantee account with an amount of at least 10% of the outstanding bond
amount. In fiscal year 2002-03, $77,957 was determined to be surplus and
transferred to the General Fund. As of May 1, 2003, the City's guarantee
account has a balance of about $400,000. The City's current outstanding
bond balance is $808,000. Therefore, the required reserve is $80,800. Excess
amounts in the guarantee fund can be transferred to the General Fund if
additional bonding is not anticipated. However, the City is in the process of
establishing three additional special improvement districts.
• Outstanding bonds decreased from $903,000 as of June 30, 2002 to $808,000
as of June 30, 2001. Because of the decrease in bonds payable, interest
expense will decrease 32%. Of the five districts bonded, the final payment for one district will be completed in 2003; two districts in 2004; one district in
2006; and the bonds for the final district will be retired in 2008.
• The amount of expected revenue is $262,800 more than the amount necessary
to make debt service payments. When the bonds for a special assessment
district are fully retired, any excess cash is transferred to the guarantee
• account.
23
Other Improvements Debt Service Fund
This fund is used to account for the cost of servicing the debt created by financing 110
projects other than those improvements funded by assessments to property
owners. Current debt is as follows:
$19,130,000 City 84 County Building restoration project (general obligation
bonds); final maturity June 15, 2011
$72,325,000 Library facilities and related improvement (general obligation
bonds); final maturity June 15, 2019
$ 3,695,000 Local street construction projects in the Gateway area(motor
fuel excise tax revenue bonds); final maturity February 1, 2009.
DEBT SERVICE FUND
PROPOSED BUDGET
Sources of funds
Transfer from CIP $10,708,149 $1Qs ;T - $( 624,393) (5.8%)
Salt Lake County 569,225 563,004. (6,221) (1.1%)
Reserve funds 775,000 (775,000) (-100.1%)
Total proposed sources $12,052,374 810,848,780:: $(1,405,614) (11.7%)
Uses of funds -
City/County Building GO bonds
Principal $1,955,000 $ 2,020,000 $65,000 3.3%
Interest 1,040,926 943,175 (97,751) (9.4%) •
Trustee fees 1,795 1J95
Total 2,997,721 2,964,970 (32,751) (1.1%)
Motor Fuel Tax Revenue - -
1993 Bonds
(fully retired in February 2003)
Principal 1,425,000 (1,425,000) (100.0%)
Interest 76,950 (76,950) (100.0%)
Trustee fees 4,900 (4,900) (100.0%)
Total 1,506,850 (1,506,850) (100.0%)
Motor Fuel Tax Revenue
1999 Bonds
Principal 520,000 545,000 25,000 4.8%
Interest 206,070 182,410. (23,660) (11.5%)
Trustee fees 3,850 3,020 (30) (0.8%)
Total 729,920 7.31, 1,310 0.2%
Library General Obligation
Principal 2,845,000 3,115,000 270,000 9.5%
Interest 3,971,088 3,8311,970 (139,118) (3.5%)
Trustee fees 1,795 3,500 1,795 100.0%
Total 6,817,883 6,9b9;56`0 132,673 1.9%
Total proposed uses $12,052,374 $10,648,750 $(1,405,614) (11.7%)
•
24
In 1986, the City issued $34,500,000 of general obligation bonds for the City 8s
• County Building restoration project. In 1991 the bonds were refinanced to take
advantage of lower interest rates. In March 2001 the bonds were again refinanced
to take advantage of a still lower interest rate. As of June 30, 2003, there will be
$19,130,000 outstanding. The last debt service payment will be in June 2011.
Funds necessary to make debt service payments (except for a portion from the
County) are transferred from the General Fund to the Capital Projects Fund and
from the Capital Projects Fund to this debt service fund. The County's portion is
deposited into the Capital Projects Fund and transferred to the debt service fund
along with the General Fund portion.
In 1993, the City pledged future Class C Road funds when it issued $7,750,000 in
motor fuel excise tax revenue bonds for various local street repairs and
construction projects, including California Avenue and 400 West. The last debt
service payment for this bond issue was in February 2003. In fiscal year 2002-
2003, reserve funds of$775,000 were released to help fund the final debt service
payment.
In 1999, the City issued $81,000,000 of general obligation bonds for acquiring,
constructing and improving library facilities, parking facilities and related
improvements and facilities and demolishing buildings (other than the existing
library building) and constructing improvements in connection with the
redevelopment of the library block. In 2002, the City issued the remaining
$3,000,000 of authorized general obligation bonds and refinanced the callable
portion of 1999 bond issue. As of June 30, 2003, there will be $72,325,000
• outstanding. The last debt service payment for these bonds will be in June 2019.
In 1999, the City pledged future Class C Road funds when it issued $5,155,000 in
motor fuel excise tax revenue bonds for various street improvements in the
Gateway area. The last debt service payment for this issue will be in February
2009. As of June 30, 2003, there will be $3,695,000 outstanding.
•
25
SPECIAL REVENUE FUNDS
Special revenue funds are used to account for grant funds and other special •
revenue legally restricted for specific purposes. The City budgets for the following
special revenue funds:
Downtown Economic Development Fund
This fund accounts for special assessment taxes collected from businesses in the
Central Business District (approximately North Temple to 400 South and 200
East to 500 West). The monies in this fund are dedicated to downtown projects or
improvements. The City currently contracts the Downtown Alliance to provide
these services.
DOWNTOWN ECONOMIC DEVELOPMENT FUND
PROPOSED BUDGET
Revenue sources
M - _ u- c $666,664 $583,428 $(83,236 INIMEEEMI
Appropriation of reserves 2,000 11511111=1 85,232 4261.6%
Total revenue $668,664 - _:$670 660- $1,996 0.3%
Ex a nditures
Contract payments for $666,664 -. -_ $666;684_ $ -
economic development
services
Professional&technical 2,000 3,9N 1,996 99.8%
services
Total Ex. -nditures $668,664 $670,660 $1,996 0.3%
26
Community Development Operating Fund
• This fund accounts for monies received by the City as a federal grantee
participant in the Community Development Block Grant program (CDBG), Home
Investment Partnerships program (HOME), Emergency Shelter Grant (ESG), and
Housing Opportunities for Persons with Aids (HOPWA). Those CDBG monies that
are accounted for in the Capital Projects Fund are not included in this special
revenue fund. Funding requests must meet federal eligibility requirements.
Applications are reviewed by the Community Development Advisory Committee,
the Housing Advisory and Appeals Board, and by the Mayor. The Mayor presents
a recommended funding list to the Council, and the City Council makes the final
decisions for funding.
COMMUNITY DEVELOPMENT OPERATING FUND
(CDBG,ESG,HOME,HOPWA)
PROPOSED BUDGET
3 " e,
..:�;�a�..�._.-�>«.�.'��,sa;�;. �.. �_ _�> .�... . .mot#�"�.r��>-�:._.,°`�._;,- �"s�
Sources of funds
Community Development $5,017,800 $5135,465 $117,665 2.3%
Block Grant(CDBG) -.
Emergency Shelter Grant - - 171,000 160,000 ($5,000) (2.9%)
(ESG)
Home Investment Partnerships 1,354,000 1,453 O20 $99,020 7.3%
Grant(HOME)
Housing Opportunities for 421,000 439,150 $18,150 4.3%
ID People with AIDS(HOPWA)
Total funds available $6,963,800 $7,191,635 $229,835 3.3%
Uses of funds(CDBG)
Housing $1,250,000 _$1„408,000 $155,000 12.4%
Street Design 70,000 . 58,000 ($12,000) (17.1%)
Street Construction 1,043,000 1,229 000 $186,000 17.8%
Sidewalks 200,000 2000 - $0 0.0%
Parks 743,000 481,000 ($262,000) (35.3%)
Public Services 728,100 70098 ($22,704) (3.1%)
Public Services-Bldg Design 162,000 434,066 $72,066 44.5%
Planning 15,000 20,E $5,000 33.3%
General Administrative 5,000 0 ($5,000) (100.0%)
City Administrative 717,442 732,364 $14,922 2.1%
Percent for Arts 3,000 3,000 $0 0.0%
Contingency 81,258 67,639 ($13,619) (16.8%)
Total uses of funds $5,017,800 $5,136,466 $117,665 2.3%
The Mayor is recommending that the CDBG revenue and expenses be transferred
and accounted for in the Special Revenue Fund. The net effect of this action is a
lowering of the total General Fund revenue. Before this change the CDBG Federal
Grant revenue was accounted for in the General Fund. The total amount the City
receives is not affected by this change,just the way that the revenue is shown. An
additional effect of this budgeting change is that the amount of revenue that is
transferred to the CIP Fund is reduced. Because the General Fund revenue is
reduced, the 9% allocation amount to the CIP Fund is also reduced.
27
The Council may wish to change the way the HOME, ESG, HOPWA and possibly
the Class C road funds are budgeted to remain consistent with this budgeting •
change. Another area to confirm relating to this move is that the FTE's associated
with this budgeting change are also moved to the Special Revenue Fund.
Matching the FTE's with the budget fund would allow the City to remain
consistent in their budgeting.
Emergency 911 Fund
This fund accounts for monies received for operation and maintenance of the
Emergency 911 call-taking system. Telephone users are assessed a monthly fee
of 53 cents for the E911 service. (The phone bill may show a 60 cent fee because
users are also assessed 7 cents to fund the costs of the Poison Control Center at
the University of Utah.) The E9 11 funds are restricted to reimburse the City for
the cost of answering emergency calls and related equipment. Dispatching
expenses are not eligible for reimbursement.
E911 SPECIAL REVENUE FUND
PROPOSED BUDGET
Revenue&other sources
E911 surcha •e $1,435,000 $1° r QIO $473,000 33.0%
Interest income 40,000 f 1 20,000 50.0%
Total revenue 1,475,000 1,960 11 493,000 33.4%
Ex' -nditures 1111111111111111 411
Reimbursement to General Fund 988,000 - _ v _ 346,000 35.0%
Contracts&leases relatin• s stem 360,000 240 00 (120,000) 33.3)%
Su•plies&other costs 106,400 10$- 900) 0.8%)
E•uipment 5%000 50,000
Total Ex. -nditures 1,454,400 1,720,500 275,100 18.9%
Increase of fund balance $ 20,600 $.23 $217,900
The Police Department has been able to justify a larger transfer from the E911
Fund to reimburse the General Fund for the costs of answering emergency calls.
Revenue has been increasing primarily because of the increased number of cell
phone in use. The E9 11 fund balance has been growing and is currently at
approximately $3.6 million. These accumulated funds are available to upgrade
equipment, which may be necessary in the near future as advances in cell phone
technology may make it possible to identify the location of a wireless caller.
•
28
•
Grants Operating Fund
• This fund accounts for grant monies received from various government agencies.
GRANTS OPERATING FUND
PROPOSED BUDGET
2
Sources of funds
Federal grants $1,966,000 $477 984 ($1,488,016) (75.7%) -
State grants 90,000 0 ($90,000) (100.0%)
Total funds available $2,056,000 $477,984 ($1,578,016) (76.8%)
The majority of the grants that the City receives are budgeted for during budget
openings throughout the fiscal year. The only grants that will show up on the
proposed budget are those grants that are continuations of previous year multi-
year grants. The total amended grant revenue for fiscal 2002-2003 is over $11
million dollars.
Street Lighting Fund
When property owners within a specific neighborhood desire special or additional
lighting, they may petition the City for the creation of a special assessment street
lighting district. Special assessment districts are formed by ordinance upon
agreement of a majority of the area property owners. Street fighting districts
require the abutting property owners to pay for 75% of the operating and
maintenance cost of the lights. The City pays the remaining 25%, as the
equivalent of lighting that would be provided by the City. The property owners'
costs are levied and billed annually in the form of special assessments. There are
49 existing street lighting special improvement districts (extensions). The City
has combined the individual districts into three super districts to simplify the
annual assessment process. These extensions were combined based on
assessment due dates, not on geographical location. Each super district is
renewed annually by assessment ordinance (district 1 on July 15; district 2 on
November 30; and district 3 on March 31).
STREET LIGHTING SPECIAL REVENUE FUND
PROPOSED BUDGET
Sources of funds
u $ 369,168 _ I; $:..3 $ 8,304 2.2%
Transfer from General Fund 123,060 =: 125,E 2,796 2.3%
Appropriation of capital 1,583,189 _ _ 880,872 $(702,517) (44.4%)
re•lacement funds
Total •ro• ed sources $2,075,417 $4, •, t $691,417 33.3%
Uses of funds 11111=1.111
Electricity charges and $ 316,9621.= $ (17)
maintenance fees
L-•al and •rofessional services 23,000 2,855 20,145 87.6%
Repair and replacement of 1,735,455 1,064,200 (671,255) (38.7%)
fixtures& ••les
Total •ro• •^ed uses $2,075,417 $1 384 000 $(691,417
29
Special improvement district extensions have accumulated funds for maintenance •
and replacement of lighting. Each year the City traditionally budgets all the
accumulated funds for maintenance and replacement of street lighting since the
Administration doesn't know which lighting extensions may need maintenance or
partial replacement. The accumulated funds in a lighting extension are usually
not sufficient to upgrade the lights when the entire system fails. The Council
recently received a briefing from the Transportation Division on some of the
concerns regarding the City's street lighting programs. The Council asked the
Transportation Division to come back to the Council in August or September with
an update.
Housing Loan Fund
This fund accounts for the City's Housing Demonstration Trust Fund and
accounts for housing rehabilitation loans provided to eligible participants of the
housing loans and grants program and accounts for loan repayments.
HOUSING LOAN FUND
PROPOSED BUDGET
Revenue sources
Loan Re•-yments $ 500,000 • :_$45 000.- $345,000 69.0%
Interest income 643,000 ' ; ; 51,000 7.9%
Federal •rant revenue 500,000 111111111EM (500,000 (100.0% •
Transfer from CDBG 144,507 _;_.= (144,507 100.0%)
Total revenue $1,757,507 : $1,539, $248,507) 14.1%)
Ex• -nditures _
Loan disbursements $1,787,507 :-.$15 ,0 . $(248,507) (13.9%
Total Ex' -nditures $1,787,507 = 539; $(248,507) 13.9%)
30
1111 Other Special Revenue Fund
The Other Special Revenue Fund accounts for the Demolition Revolving Account
and Weed Abatement Account. In the past this fund has accounted for certain
other activities that are no longer applicable. For fiscal year 2002-03, the budget
included the City's costs for the National League of Cities conference that was
held in Salt Lake City in December 2002.
Under the City's demolition program, the City will contract for demolition of a
burned out building or other unsafe and deteriorated building when the owner
fails to take action in accordance with the City ordinance. The City places a lien
on the land for recovery of the costs. A budget will be added by amendment if
demolition becomes necessary. The weed abatement program is similar. The City
removes weeds if a property owner has been unresponsive. The City places a lien
on the property to eventually recover the costs.
OTHER SPECIAL REVENUE FUND
PROPOSED BUDGET
Revenue sources -
Weed abatement fees $26,500 $26 500 $ -
National League of Cities conference revenue 739,500 (739,500) (100.0%)
•
A••ro•nation of fund balance 49,800 - - 49,800 100.0%
Total revenue $815,800 $26,500 $ 789,300) (96.8%)
Ex'enditures11111111
National League of Cities conference $739,500 MEI (739,500) (100.0%)
Weed abatement services 51,300 2_;� 24,800 48.3%
Awards&r- ••nitions 25,000 25 000 100.0%
Total Ex -nditures $815,800 $26,500 $(789,300) (96.8%)
•
31
• SALT LAKE CITY COUNCIL STAFF REPORT
DATE: May 23, 2003
BUDGET FOR: COMPENSATION ORDINANCES; FISCAL YEAR 2003-04
STAFF REPORT BY: Gary Mumford
cc: Rocky Fluhart, David Nimkin, Brenda Hancock, Vic Blanton,Jim
Considine, DJ Baxter
The Administration forwarded proposed compensation ordinances to the City Council
that will implement the compensation adjustments included in the Mayor's
Recommended Budget for fiscal year 2003-04. The proposed budget contains a
$3,180,000 increase in salaries and wages for General Fund employees. Attached is a
survey conducted by the Human Resource Division of pay adjustments for a sample of
other governments in Utah.
ANALYSIS
A synopsis of each proposed ordinance follows. There are variations between the pay
plans based on the specific needs of the different employee groups. The
Administration is proposing compensation increases that fund existing bargaining
• contracts. Pay range adjustments are essentially consistent with increases
recommended by the Citizens Compensation Advisory Committee (CCAC) for non-
bargained employees. The Committee recommended that the City consider a general
pay increase that keeps costs within fiscal ability.
The City classifies various employee groups under pay "series" or groups. The pay
structure for each series has either pay ranges or pay steps. The following discussion
includes information regarding:
Percentage increase to pay steps
• Changes in pay steps deliver a corresponding change in pay
Average percentage of merit increases (changes in steps)
• Merit increases are available on employee's anniversary date for satisfactory
performance.
• Only a portion of the cost of a merit increase will be incurred in fiscal year
2003-04 unless the employee's anniversary date is July 1st.
• Many employees are already at the top pay level and not eligible for a merit
increase. For example, 100 series employees with satisfactory performance
only take three years to reach the top step.
Percentage increases to pay ranges
• An increase to a pay scale with ranges rather than steps does not, in itself,
crate a salary change; it changes the potential for pay adjustment.
Pay ranges general pay increase
• • The general pay increase will be applied by determining whether each employee
is below the midpoint or above the midpoint. Those below the midpoint will
receive a greater increase depending on how much below the midpoint.
Employees above the midpoint will receive less of an increase than the general
pay increase percentage. (Midpoint is considered to be the 'market rate' for
each position. Under the City's system most employees start at below the
`market rate' pay for their position and their salary is generally increased •
annually to get to midpoint and the salary increases after that point are
minimal in order to prevent situations where employees are paid significantly
above market rate just based on longevity.)
100 Series (AFSCME operations and maintenance): The proposed ordinance funds
the second year of a memorandum of understanding agreed to by the City and the
American Federation of State County & Municipal Employees Local 1004 (AFSCME).
The term of agreement was for three years beginning July 2002 and ending June
2005. The memorandum of understanding has been amended to provide for military
leave benefits in the same manner as other City employees (two weeks per year of
paid military leave). Some other clarifications have been made the wording of the
memorandum of understanding.
• Fiscal year 2003-04
o 2.75%increase on June 22, 2003
o Merit pay increases averaging 0.16% on the employee's employment
anniversary date.
• Fiscal year 2004-05
o 2.5% average increase on June 20, 2004
o Merit pay increases averaging 0.09% on the employee's employment
anniversary date.
• The memorandum of understanding has been modified to address a number of
non-economic issues including (1) requests for information relating to
grievances, (2) seniority and length of service clarification, (3) City's
responsibilities when it changes an employee's regular work schedule, (4)
clarification of ambiguous language regarding employee meal allowances, (5)
removal of a provision that was inconsistent with the Family Medical Leave Act,
(6) limitation on revoking an employee's previously approved vacation, and (7)
requirement for employees to keep an inventory of their personal tools used on
the job.
200 Series (AFSCME technical and clerical): The proposed ordinance funds the
second year of a memorandum of understanding agreed to by the City and the
American Federation of State County & Municipal Employees Local 1004 (AFSCME).
The term of agreement is for the period July 2002 through June 2005. The
memorandum of understanding has been amended to provide for military leave
benefits in the same manner as other City employees (two weeks per year of paid
military leave). Some other clarifications have been made the wording of the
memorandum of understanding.
• Fiscal year 2003-04
o 2.75% average increase on June 22, 2003
o Merit pay increases averaging 1.02% on the employee's employment
anniversary date. ) 1111
• Fiscal year 2004-05
o 2.5% average increase on June 20, 2004
o Merit pay increases averaging 0.92% on the employee's employment
anniversary date. (Merit increase for fiscal year 2004-05 is based on the
present-year employee population.)
• The memorandum of understanding was modified to address non-economic
issues. (See explanation under 100 Series.)
400 Series (Fire Union): The proposed ordinance funds the second years of a
memorandum of understanding agreed to by the City and the Fire Fighters Local. The
term of agreement is for July 2002 through June 2005.
• Fiscal year 2003-04
o 2.8% average increase on June 22, 2003
o Merit pay increases averaging 1.03% on the employee's employment
anniversary date (unless the employee is already at the top of the pay
scale).
• Fiscal year 2004-05
o 2.8% average increase on June 20, 2004
o Merit pay increases averaging 1.03% on the employee's employment
anniversary date (unless the employee is already at the top of the pay
• scale).
500 Series (Police Union): The proposed ordinance funds the third year of the
memorandum of understanding agreed to by the City and the International Union of
Police Associations, Local 75, AFL-CIO in June 2001: The term of agreement is from
July 2001 to June 2004.
• Fiscal year 2003-04
o 3.5%for top step officer; 2.9%average increase on June 22, 2003
o Merit pay increases averaging 1.26% on the employee's employment
anniversary date (unless the employee is already at the top of the pay scale).
300/600 Series (Professional - non-union): The ordinance prepared for 300/600
Series compensation is not negotiated with a bargaining unit. However, the
Administration does work with a group of employee representatives called the
Professional Employees Council (PEC) to review the implications of proposed changes.
• 2% increase to salary ranges for the 300 and 600 Series.
• 2.7% general percentage pay increase applied by determining whether each
employee is below the midpoint or above the midpoint. Those below the
midpoint will receive a greater increase than the 2.7% depending on how much
below the midpoint. Employees above the midpoint will receive less than the
• 2.7%. Since more City employees are below the midpoint than above the
midpoint, the total estimated cost for the City is 3.7%. Merit increases are not
provided to 300/600 series employees.
• Employees designated as members of the Snow Fighter Corps are to receive pay
differential pay of $300 per month not to exceed $1200 per year. Qualified
employees can volunteer to serve on the Snow Fighter Corps. If there are not
enough volunteers, the Department of Public Services will assign employees to
the corps on a seniority basis with the junior employees assigned first.
700 Series (Regular Part-Time employees who perform essentially the same
duties of employees classified by the City as 100 and 200 series): The ordinance
prepared for 700 Series compensation is not negotiated with a bargaining unit. The
proposed ordinance funds:
• 2.75% average increase paid in accordance with salary structure of full-time
employees in the 100 and 200 series. Merit increases are not provided.
800 Series (Police non-union - sergeants, lieutenants, captains): The ordinance
prepared for 800 Series compensation is not negotiated with a bargaining unit.
However, the Administration does work with a group of employee representatives
(PEC) to review the implications of proposed changes. The ordinance proposes the
following based on a study of the local market:
• 3.5%increase to steps for sergeants, lieutenants and captains
Merit increases averaging .04% for eligible employees. The amount is small, because
most employees in this series are currently at the top step.
•900 Series (Fire non-union - captain, battalion chief): The ordinance prepared for
the 900 Series compensation is not negotiated with a bargaining unit. However, the
Administration does work with a group of employee representatives (PEC) to review
the implications of proposed changes.
• 3% increase in steps
• 0.03% cost of merit increases (applies to those not already at the top of the pay
scale). The amount is small, because most employees in this series are
currently at the top step.
Unclassified Employees (Appointed staff in the Mayor's Office, Council Office,
and City Attorney's Office): Employees in the unclassified compensation plan are
"at will" and subject to termination without cause. These employees receive a
severance benefit of one week for each year of service up to a maximum of six weeks
but do not have longevity or lay-off benefits (professional employees not in this pay
plan have bumping rights and, for one year, can fill a vacant position anywhere in the
City if satisfying minimum qualifications). This compensation plan provides greater
discretion of the appointing authority in deciding the unclassified employee's salary.
The proposed budget includes an average increase of 2.5% for fiscal year 2003-04.
•
• Executive Employees: The ordinance prepared for executive employees'
compensation contains the same pay adjustments as the compensation plan for the
600 series employees.
• 2.5% increase to the salary schedule. Raising the range minimums and
maximums increases pay potential, but does not by itself create pay raises.
• 2.7% general percentage pay increase for executives, as a guideline for base
pay and performance-based adjustments. Base pay increases may vary
between individuals from zero percent to six percent or more, as the Mayor and
the department heads deem appropriate. Department heads are expected to
make judgments reflecting their perception of the value of each executive's
contribution to the City, and how much money for raises should be distributed
to maintain an equitable relationship between incumbents. Executives do not
receive anniversary date or"merit step" changes.
• The proposed budget includes an average increase of 3.3% for fiscal year 2003-
04.
Elected Officials: In accordance with Resolution No. 70 of 1993, it is proposed that
the salary adjustment for elected officials be given the same salary increase (3.7%) as
the approximate average increase for the City's professional employees. By the
resolution, a market study is made every four years starting in Fiscal Year 1995-96,
with adjustments in other years based on the average increase for the City's
professional employees. In 1996 Council Members' salaries were set to be one-fifth of
the Mayor's salary following a recommendation of the Citizens Compensation Advisory
4110 Committee.
Proposed Salaries,for Elected Officials
`-<- Pr sed.-S1tlo
FiscalYe r,2z0,0 2=03 Racal Year 2063-04
Mayor $97,970 $101,587
Council Members $19,398 $20,317
Options & Matters at Issue:
The Council may wish to tentatively determine whether to fund the contract
provisions for employees included in bargaining agreements. Although the Council
may not be able to make this tentative decision until it has further discussed the
proposed budget, the Administration will probably appreciate as much time as
possible to reopen the contracts. Decisions relating to salary adjustments for non-
bargained employees are not as time sensitive.
As noted in the contract information outlined above, the contracts have various
effective dates for salary increases PRIOR to the end of this fiscal year. The Council
may wish to ask the City Administration and the City Attorney to address this timing
issue, particularly since the Council recently indicated that it might not have the
budget adoption completed until later in June.
•
The following are relevant contact provisions relating to funding of wages and merit
increases contained in the multiyear contracts. IIIPolice Memorandum of Understanding. Article XXII. "All financial commitments by the City
shall be subject to the availability of funds approved by the City Council and the limitations on
future budget commitments provided under State Constitution and Statute." Article XXV. "It is
understood by the parties that the provisions of the MEMORANDUM OF UNDERSTANDING
shall not be binding upon the parties, either in whole or in part, until the City shall: . . . C. Act
to appropriate necessary funds required to implement the full provisions of the MEMORANDUM
OF UNDERSTANDING which requires funding for each year of its existence." Article XXI. "It is
understood by the City and the Association that if the City Council, in its adoption of the City's
final budget for fiscal years 2003 or 2004 does not appropriate monies to fund all wage and
merit increases for fiscal years 2003 or 2004, this MEMORANDUM shall be reopened within ten
(10) days after adoption of the fiscal year 2003 or 2004 final budget."
Fire Memorandum of Understanding. Article XXIII. "The provisions hereof shall be effective as
provided herein, but subject to approval by the City Council and the City's appropriation of
funds. During the term of this MEMORANDUM, it is the City's intent to make a reasonable
effort to maintain a funding level sufficient to satisfy this understanding; however, the parties
to this agreement mutually understand that emergencies or revenue shortfalls may alter the
ability of the City to satisfy this agreement. Article XXV. "In the event laws are passed by the
federal government, the state, or the City which conflict with the provisions of this
MEMORANDUM relating to hours or wages, the provisions of this agreement which are in
conflict therewith may be reopened for negotiations without affecting the remaining portions of
this MEMORANDUM."
AFSCME Memorandum of Understanding. Article XXXIII. "It is understood by the City and the
Union that if the City Council, in its adoption of the City's final budget for fiscal years 2003-04,
or 2004-05, does not appropriate monies to fund all wages and merit increases for either of •
those fiscal years, this MEMORANDUM shall be reopened within ten (10) days after adoption of
the fiscal year final budget. In any reopener, the parties' negotiations shall be limited to wages."
•
PROPOSED SALARY BUDGET INCREASES, 2003-2004 FISCAL YEAR
• Wasatch Front Public Sector
As Reported by the Larger Local Agencies
Total COLA&
Merit Percent Effective Retirement
Agency Increase Date Contribution*
Provo 3.50% 1/1/2004 25.21%
West Valley City 4.50% 1/1/2004 21.54%
Salt Lake County 3.75% 1/1/2003 21.99%
Murray City 3.50% 7/1/2003 22.14%
Ogden City 0.00% 7/1/2003 17.05%
State of Utah 0.00% 7/1/2003 13.40%
Sandy City 3.00% 7/1/2003 19.99%
Local Agency Average 2.61% 20.19%
Salt Lake City 3.57% 16.34%
*Includes FICA, MEDFICA, Employer-paid LTD,and all
employer-paid contributions to retirement plans.
•
APPROVED AS TO FORM
Salt La, City Attorneys Office
Date M 4 Z coo 3
• By
SLC Contract No.
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is entered into this day of June 2003
by SALT LAKE CITY CORPORATION, hereinafter referred to as the "CITY," and Local 1004
of the AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
affiliated with AFSCME International AFL-CIO, hereinafter referred to as the "UNION."
WITNESSETH:
WHEREAS, the CITY has endorsed the practices and procedures of collective bargaining
specified in its Labor Bargaining Resolution of November 16, 1977, as amended on April 10,
1984 (hereinafter referred to as "RESOLUTION"), and any ordinance enacted in lieu of the
RESOLUTION as a fair and orderly way of conducting its relations with its employees; and
WHEREAS, the CITY and the UNION have negotiated and have reached agreement on wages,
hours, and other conditions of employment for fiscal years 2003-04 and 2004-05; and
WHEREAS,the parties recognize that this Memorandum of Understanding, hereinafter referred
to as the "MEMORANDUM,"is not intended to modify any of the authority vested in the CITY
• by the Constitution and statutes of the State of Utah; and
WHEREAS, it is the intention of the parties that this MEMORANDUM,where not otherwise
mandated by statute or ordinance, governs the wage structure,benefits and employment
conditions of all the employees classified by the CITY as "100" Series and "200 Series,"
hereinafter referred to as the "UNIT," to promote the efficient operation of the CITY, and to
provide an orderly and prompt method of handling and processing grievances; and
WHEREAS, it is the intent of the parties that this MEMORANDUM supersedes the
Memorandum of Understanding between the parties effective July 1,2002.
NOW, THEREFORE,the parties hereto declare their mutual understandings as follows:
ARTICLE I—CONSTRUCTION OF MEMORANDUM
All questions of interpretation of this MEMORANDUM shall be resolved according to Article
XXVII of this MEMORANDUM. This MEMORANDUM is administered and interpreted by
the City's Labor Relations Office. Any questions or need of clarification on any provision of
this MEMORANDUM are to be addressed to that Office.
Unless specified otherwise, the word"employee"herein means a full-time City employee
classified in either the 100 or 200 series.
•
ARTICLE II—RECOGNITION
•
The CITY recognizes the UNION as the certified employee organization pursuant to the
RESOLUTION for the purpose of negotiating compensation, wages, hours, and other conditions
of employment for employees in the UNIT. These rights of the certified employee organization
shall remain in effect subject to the terms and conditions of the RESOLUTION.
ARTICLE III—MANAGEMENT RIGHTS
The CITY retains the exclusive right to manage all phases of its operations and to direct its work
force except as specifically modified, curtailed, delegated, or relinquished under the terms of this
MEMORANDUM.
ARTICLE IV—EMPLOYEE RIGHTS
A. Employees shall have the right to join and participate in the activities of the UNION subject
to the RESOLUTION for the purpose of representation on all matters of employee relations or to
refuse to join or participate in such activities and shall have the right to represent themselves
individually in their employment relations with the CITY. Employees shall be free from any and
all restraint or coercion in the exercise of their rights and shall not be discriminated against
because of membership or non-membership or activity or non-activity with the UNION.
B. If the subject matter of discussions with an employee and a decision by the CITY thereon
would effect an interpretation or change in this MEMORANDUM, the UNION shall have the •
right to be heard through the City's Labor Relations Office before the CITY takes final action.
The CITY shall make available to the UNION for distribution one(1) copy of this
MEMORANDUM for each employee in the UNIT in design, printing, and form determined by
the CITY in consultation with the UNION. The UNION agrees to consult with the CITY on the
mode of distribution of such copies. The CITY will make reasonable effort to make the printed
copies available within two months of the signing of this MEMORANDUM.
C. The rights specified in this Article shall be in addition to grievance rights granted under
Article XXVII of the MEMORANDUM relating to the presence of stewards and other persons in
disciplinary proceedings.
ARTICLE V—UNION RIGHTS
A. The UNION shall have the right to present its views to the CITY either orally or in writing.
A representative of the UNION shall be given the opportunity to be present for hearings under
the CITY's grievance procedure. The UNION accepts the responsibility for, and agrees to
represent in good faith, the interests of all employees in the UNIT without discrimination and
without regard to membership in the UNION.
B. The CITY agrees to recognize the officers and duly designated representatives of the
UNION. The UNION agrees to keep the CITY advised, in writing, of its officers and stewards.
The number of UNION stewards shall be the number reasonably required to assure that each4111
2
employee in the UNIT shall have access to a UNION steward. The duly designated UNION
• stewards shall, upon proper notification to their immediate supervisors and receipt of permission
from such supervisors,be allowed a reasonable opportunity, during working hours, for the
purpose of investigation, adjustment, advising, and/or representing employees in grievances
(which include City investigations of alleged employee misconduct or substandard performance,
pre-disciplinary or pre-determination hearings, or UNION allegations of contract violations);
provided that the CITY may require that no more than one steward shall be allowed such
privileges, during working hours, for any one incident,regardless of the number of employees
involved. Such permission shall not be unreasonably denied. Should a duly designated UNION
steward need City documents or information from a City supervisor or officer in support of a
non-disciplinary grievance or complaint,the UNION steward may make such request for
documents or information through the Labor Relations Office. The Labor Relations Office shall
determine the need for such documents or information and provide the UNION steward all
necessary documents or information. The Labor Relations Office may condition the release of
any private, privileged, confidential, or classified information on a UNION assurance that the
information not be used outside of the City's grievance process. The UNION may designate five
lead stewards from among its stewards. It is the intent of this MEMORANDUM to limit the
total number of stewards representing both 100 and 200 series employees to 32 stewards.
The UNION may designate a UNION steward as a chief steward. Such designation may be
made once each fiscal year and shall not be effective until the UNION notifies the City's Labor
Relations Office of the appointment. The chief steward may act in the absence of the UNION's
business agent or other UNION staff. The chief steward shall be allowed a reasonable period of
• time during working hours to perform his or her UNION work subject to receipt of permission
from the chief steward's immediate supervisor. There shall be one (1) chief steward representing
both 100 and 200 series employees.
C. It is agreed that UNION business such as soliciting membership, electing officers,
membership meetings, and posting and distributing literature shall be conducted during the non-
duty hours of the employees with the exception of the following:
■ One UNION representative from each department shall, upon receipt of permission from
such employee's immediate supervisor,be allowed a reasonable period during working
hours to attend UNION meetings or to participate in other UNION business as necessary,
up to a maximum period of two hours per month, unless otherwise approved by the
department head; and
• Employees designated as official delegates to UNION conferences and conventions shall
be allowed time off with pay for the purpose of attending such conferences and
conventions not to exceed fifteen(15)working days per calendar year.
• This does not preclude the business representative from delivering UNION material to the
designated bulletin board when it does not interfere with normal work routine.
The UNION shall provide the City's Labor Relations Office 15 days'notice of all conferences
and conventions; and, in all cases,the employees shall obtain prior permission from their
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immediate supervisors at the earliest opportunity. Such permission shall not be unreasonably
denied. •
D. The UNION business representative may provide written information about the UNION to
coincide with other new employee written materials, to be distributed during new employee
orientation.
E. The CITY agrees to deduct UNION membership dues from the pay of each employee who
individually requests in writing that such deductions be made. The CITY further agrees to cease
deduction of such fees when requested by an employee and after notification of the UNION.
The UNION shall make available to the CITY mutually acceptable and standardized forms for
both joining and discontinuing membership with the UNION.
The CITY shall provide to the UNION a list of membership additions and deletions and current
business addresses, business telephone numbers, and original dates of hire when available as
computed by the CITY's payroll department. Such information shall be provided upon the
UNION's request semiannually with ten days advance notice. The CITY shall also provide to
the UNION, on written request, UNIT employee names, business addresses, and phone numbers.
F. The CITY agrees to designate space not less than four(4) feet wide and three(3) feet high in
convenient view as determined by the CITY at the Water Department Complex at the Public
Works Complex at the Salt Lake City International Airport, the Parks Complex, at the Salt Lake
City Cemetery shops, Fleet Management shops, Water Reclamation Plant and Parking
Enforcement office, and other locations requested by the UNION and necessary to effectively
inform UNIT employees. The City reserves the right to require the UNION to remove from any
designated space any material that violates City policy.
Nothing herein shall be construed to prohibit distribution of appropriate UNION publications or
notices defined hereinabove to members of the bargaining UNIT and as described in Article V C.
ARTICLE VI—REPRESENTATION
This Article sets forth all matters relating to representation of Employees in their employment
relations with the CITY.
A. UNION REPRESENTATION RIGHTS AND OBLIGATIONS
1. The UNION accepts the responsibility for, and agrees to represent in good faith, the
interests of all employees in the UNIT without discrimination and without regard to membership
in the UNION. The UNION shall determine the method and means of such representation in the
fulfillment of this paragraph.
2. No employee shall be represented in his or her employment relations with the CITY by
an agent or representative of an employee organization other than the UNION.
3. UNION representatives shall, upon proper notification to their immediate supervisors,
be allowed a reasonable opportunity during working hours to investigate and resolve grievances. •
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• In no event shall such activity exceed two hours per week unless otherwise approved by the
department director or designee.
4. Any discussions among the UNION representative, the employee, and the CITY
concerning settlement of items grieved will be deemed to be discussions of privileged matters
and may not be used for any other purpose by any party. In addition,both the CITY and the
UNION agree that the investigation of alleged employee misconduct or substandard performance
are confidential and shall only be disclosed to those who have a need to know such information.
Should the UNION or a CITY department head believe that a confidential settlement or
investigative matter has been improperly released or disclosed, the UNION or CITY department
head may request that the Office of the City Attorney investigate the alleged release or disclosure
and recommend to the CITY's Chief Operating Officer or the UNION governing board
appropriate action.
B. EMPLOYEE REPRESENTATION RIGHTS
1. Employees may be accompanied and assisted by a representative of their choice during
any pre-disciplinary meeting,pre-disciplinary hearing, or during any investigative interview.
The representative may not be a person subject to the same investigation. During any
investigative interview, the employee shall be advised of his or her rights to representation.
2. Employees shall be granted a reasonable amount of time to obtain such representation
prior to any investigation for misconduct or predisciplinary hearing, without threat of
• disciplinary or other adverse employment action.
3. The employee's right to representation does not apply to informal, routine, or
unplanned discussions between the employee and his or her supervisor or department or division
head.
4. Employees may be accompanied and assisted by a representative of their choice at any
phase of the grievance process.
ARTICLE VII—WAGE SCHEDULE
Effective June 22, 2003, to June 19,2004, UNIT employees shall be paid pursuant to a Wage
Schedule attached as Appendix "A."
Effective June 20, 2004, to June 30,2005, UNIT employees shall be paid pursuant to a Wage
Schedule attached as Appendix "B."
Each employee shall be eligible for a merit increase on his or her anniversary date in accordance
with the effective salary schedule provided in this MEMORANDUM,unless the employee is
notified in writing of the performance or misconduct reasons for withholding such merit increase
and the employee is given an opportunity respond to such reasons. No regular part-time
employee shall receive compensation, in excess of the entry level(Step A in Appendix "A"and
Appendix `B") for the applicable job grouping performing similar job duties of a full-time
salaried employee.
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The UNION and the CITY understand and agree that an employee's anniversary date is either
the employee's most recent hire date or the date an employee's pay is adjusted by receiving at •
least a five percent increase in the employee's base compensation. The employee's anniversary
date is unaffected by periods of unpaid time off from regularly scheduled work.
ARTICLE VIII—SHIFT DIFFERENTIAL
In addition to the wage rates referred to under Article VII, the CITY shall pay an hourly
differential of sixty cents (70¢) to employees who work a scheduled swing shift or night shift
(starting hours between 12:00 noon and 5:59 a.m.). Shift differential shall be added to the
employee's regular rate of pay and shall be used in the computation of overtime pay under
Article X of this MEMORANDUM. Such shift differential shall only be added to the
employee's regular rate of pay for his or her scheduled swing or night shift, and shall not be
added to the employee's regular rate of pay for any standby, callback, or other work.
ARTICLE IX—WAGE DIFFERENTIALS
A. SNOW FIGHTER CORPS DIFFERENTIAL PAY
In addition to the wage rates referred to under Article VII, employees designated by CITY
departments as members of the Snow Fighter Corps, shall receive a premium pay differential
equal to Three Hundred Dollars ($300)per month for the snow fighter seasons (November 9,
2003, to February 29, 2004; November 7, 2004, to February 27, 2005), not to exceed$1,200
during each fiscal year of this MEMORANDUM. Such pay differential shall be for work related
to snow removal and shall be separate from regular earnings on each employee's wage statement.
Employees who are qualified to operate snow removal equipment shall be assigned to the
department Snow fighter Corps by department seniority on a volunteer basis. If the CITY
department does not have enough volunteers to staff a snow fighter crew, as determined by the
supervisor or department head, employees shall be assigned within their departments on a
department seniority basis with the junior employees assigned first.
Provided however, that any employee otherwise qualified for the differential pay, who is
unavailable to work more than ten (10) scheduled working days in a month, shall be ineligible to
receive the differential pay for that month. Vacation and compensatory time off shall not be
considered as absent work days for purposes of determining eligibility for the differential pay
described in this Article IX.
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B. CERTIFICATION DIFFERENTIAL PAY
•
Eligible employees who have completed required training and testing for certification shall
receive the following certification allowance:
TABLE I ; . kr
Monthly
WATER TREATMENT OPERATORS
DISTRIBUTION WORKERS
SENIOR
GRADE TRAINEE OPERATOR OPERATOR
1 $0 $0 $0
2 $20 $0 $0
3 $50 $30 $0
4 $100 $80 $50
Monthly
WASTE WATER WORKS
OPERATORS
GRADE
1 $0
• 2 $20
3 $50
4 $100
ARTICLE X—HOURS OF SERVICE AND OVERTIME
A. HOURS OF WORK
Forty hours shall constitute a normal workweek except for alternative work schedules approved
by the CITY.
For the purposes of this Article, a schedule change shall mean any change in a UNIT employee's
regularly scheduled work hours or work days.
This clause shall not be construed to limit or prevent the CITY from changing or establishing
work schedules as the need arises or to guarantee employees forty(40)hours work per week.
The CITY with the concurrence of the UNION has adopted variable 40-hour workweek
schedules including 8-hour, 10-hour, and 12-hour days.
It is the intent of the CITY to give 10 working days notice of any schedule change to all affected
employees. In the event such notice is not given to affected employees, as provided herein,the
CITY shall provide call back pay for each working day less than the required 10 working day
• notice. Provided, however, construction inspectors at the Salt Lake City Department of Airports
shall be subject to a schedule change without notice.
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The CITY shall give notice of a schedule change orally and in writing to employees affected in 110
accordance with the terms of this Article X.
The CITY and the UNION agree that a schedule change does not occur when there are
unforeseen circumstances that affect critical staffing levels. Such unforeseen circumstances must
be declared by the Mayor, the Mayor's designee,the employee's department heard, or the CITY
Emergency Program Manager. In such cases the CITY may change the schedule of the least
senior qualified department employees. Once the basis for the critical staffing no longer exists,
the affected employees shall be returned to their prior regularly scheduled work hours and work
days.
B. REST PERIODS
Employees shall be entitled to a fifteen-minute rest period during each four(4)hour work period,
which rest period shall be included within the work shift, except where extraordinary
circumstances render such break impracticable. For the purpose of the Fair Labor Standards Act,
employee rest periods shall be counted as time worked for the calculation of overtime. A
reasonable effort shall be made to provide such breaks near the middle of each four(4)hour
work period; provided, however,there shall be no additional compensation paid to employees
electing or required by unforeseen circumstances to forego such rest period.
C. MEAL PERIODS
All employees shall be granted, not to exceed, a sixty-minute lunch period during each work •
shift; provided, however, said lunch period shall be scheduled in accordance with the operational
needs of the department by the supervisor. No employee shall be compensated for such periods
unless the employee is required by the supervisor to be on the work site, or is required to perform
any work during such time. Then such employee shall be paid for the work. In lieu of payment,
the employee may, with the consent of the supervisor end the work shift early by the same
number of minutes worked into the lunch break.
D. CLEANUP PERIOD
Employees shall be granted a personal cleanup period prior to the end of each work shift. The
duration of such period shall be as determined to be hygienically necessary by an employee's
supervisor, not to exceed a maximum of fifteen(15)minutes per duty shift, exclusive of
shutdown and travel times, unless a longer period has first been authorized by the supervisor
based upon extraordinary need and circumstances. For the purpose of the Fair Labor Standards
Act, employee clean up periods shall be counted as time worked for the calculation of overtime
compensation.
E. OVERTIME COMPENSATION
1. Employees required to perform overtime work shall be compensated either by pay at
one and one-half the applicable hourly rate, or an allowance of time off from employment with
pay on the basis of one and one-half hours off for each hour of overtime worked. The
determination of whether to award pay or compensatory time off shall be the absolute discretion
of the CITY, except,however, that employees may indicate a preference for the form of overtime
8
payment contingent upon approval by the department head, scheduling requirements, and
• availability of funds. Where a CITY Department authorizes the award of compensatory time off
an employee may accrue up to 240 hours of compensatory time; since compensatory time is
accumulated at time and one-half, this is only 160 hours of actual overtime work.
Notwithstanding this maximum accrual cap, the CITY may elect at any time to purchase all or
any portion of accrued compensatory time off for any employee. Subject to Article XVII,
overtime work shall be distributed among qualified employees on the following basis:
a. A reasonable attempt shall be made to offer overtime work to qualified full-time
employees within each work group or CITY department on a rotation basis; first to the employee
with the least number of overtime hours (worked, or offered and declined) and so on, until the
overtime work has been accepted or until all employees contacted have declined such work so
that at the completion of the calendar year all employees'overtime hours (worked, or offered and
declined) are reasonably equal. For the purposes of this paragraph an offer must be made orally
to an employee: the posting on a bulletin board of overtime work opportunities does not
constitute an offer of overtime work.
In cases where two or more employees have an equal number of overtime hours as set forth
above,workgroup seniority shall govern. Hours of overtime work offered but declined by an
employee shall be computed as overtime hours (worked, or offered and declined) for purposes of
determining overtime eligibility under this paragraph. For the purpose of continuity and
completion of assignments, construction inspectors working on specific projects shall be exempt
from this overtime provision,provided that a reasonable attempt shall be made to offer such
• assignments in a fair and consistent manner.
b. If no qualified full-time employee accepts overtime work under the foregoing
provisions, overtime work shall be performed by qualified regular part-time and hourly
employees. If there is still overtime work after assigning qualified regular part-time and hourly
employees, overtime assignments shall be made by the CITY by first attempting to contact the
qualified employee with the least CITY seniority, and thereafter to the next least senior, qualified
employee until all overtime work assignments have been made. The UNION and CITY
understand and agree that where regular part-time and hourly employees are qualified to perform
the job duties of a UNIT employee, the regular part-time and hourly employees would be the
least senior for the purposes of this subparagraph.
c. An employee may be subject to disciplinary action for refusing an overtime
assignment under this paragraph.
2. For purposes of determining hours worked for overtime computation, the City shall
include all time worked as defined by the Fair Labor Standards Act, and time taken off from
scheduled work and paid as vacation time,holiday time, and compensatory time.
3. An employee who,with supervisory approval,works two (2)or more additional
continuous hours during a scheduled or unscheduled work day beyond the number of hours the
employee normally works in a work day shall be paid six dollars ($6) as reimbursement for
meals. Employee(s) shall receive six dollars ($6) for each additional continuous four(4)hours
of work. This reimbursement shall continue until the employee is released from work.
9
4. An employee shall be entitled to receive compensation for a court appearance or
administrative proceeding appearance as a witness subpoenaed by the CITY, the State of Utah, •
or the United States as follows:
a. Court or administrative proceeding appearances made while on-duty shall
constitute normal hours of work.
b. In the event a court or administrative proceeding appearance extends beyond the
end of an employee's regularly scheduled shift, such time spent in court or in an administrative
proceeding shall be treated as time worked for the purpose of computing an employee's overtime
compensation.
c. In the event an employee is required by his or her supervisor to prepare for a court
or administrative proceeding appearance during off-duty hours, such time spent shall be treated
as time worked for the purpose of computing an employee's overtime compensation.
Compensation shall be provided by authority of this section only if:
• The beginning time of the required appearance is noted on the subpoena;
• The time the employee is released from the court or administrative proceeding appearance
is noted on the subpoena and initialed by the prosecuting attorney or appropriate
government representative;
• A copy of the employee's subpoena complying herewith is delivered to his or her •
supervisor within seven(7)working days following the court or administrative proceeding
appearance.
The prosecuting attorney or appropriate government representative shall have the right and the
duty to refuse to initial the subpoena of any employee who through absence or neglect fails to
appear in compliance with the terms of the subpoena.
F. AVAILABILITY FOR WORK
Any employee failing to remain available for work as required or to report to work in suitable
condition to perform job functions, shall be subject to disciplinary action and forfeiture of
applicable compensation;provided,however,that employees directed to return to work on
callback status shall not be disciplined if they, as early as possible, inform the supervisor of any
incapacity to perform the work directed. Any employee determined as unfit at the time of report
to callback duty shall not receive any compensation otherwise due him or her.
G. SHORTENED WORK DAYS
Employees reporting to work on regularly scheduled working days shall be guaranteed(3)hours'
regular pay when management directs that no work be undertaken and they are requested to
return home. If any work is performed they shall be guaranteed(8)hours regular pay.
10
•
H. WORKING OUT OF CLASS
•
UNIT employees required to work out of classification in a supervisory/managerial position
(300/600 Series) shall be paid a differential of$1 per hour. Such pay differential shall not be
effective until the employee has worked out of classification for five consecutive working days
or equivalent shifts. At that time the hourly rate shall be effective back to the first day worked
out of class. Attempts to avoid the intent of this paragraph shall be discouraged.
ARTICLE XI—STANDBY/ON-CALL PAY
Employees may be required by an appropriate department head or designated representative to
keep themselves available for CITY service during otherwise off-duty hours and leave word
where they can be reached for an immediate call to service. Such employees shall receive the
following compensation in addition to that, to which they are otherwise entitled:
Employees designated by the CITY as members of the Snow Fighter Corps, shall be required to
stand by/on-call as described in this Article XI to respond to unforeseen situations and shall
receive therefore the compensation referred to under Article IX of this MEMORANDUM or
overtime compensation where applicable,but shall not receive standby/on-call pay or shift
differential.
All other employees required to stand by/be on-call as described in this Article XI to respond to
unforeseen situations shall receive two (2)hours straight-time pay per each 24-hour day they are
• on standby/on-call status. In addition thereto, each such employee shall be guaranteed a
minimum four(4)hours work or a minimum of four(4)hours straight-time pay on such
occasions as they actually report to work while on standby/on-call status. Employees shall
receive an additional two (2)hours straight-time pay for each additional occasion they are called
to work during the 24-hour standby/on-call period. Provided,however, that employees in the
Department of Public Utilities and the Airport exclusively shall receive two (2)hours of straight-
time pay per each 12-hour period they are on standby/on-call. Employees receiving snow fighter
differential pursuant to Article IX shall not receive the additional standby/on-call allowance
during those periods when they are performing snow fighter duties. When snow fighters are
performing their regular duties during snow seasons they are still eligible for standby/on-call
pay.
ARTICLE XII—CALLBACK PAY
Employees who have been released from regularly scheduled work and standby/on-call periods
and who return to work upon direction of a department head or designated representative,prior
to their next normal duty shift and without advance notice or scheduling, shall receive a premium
of three(3)hours straight-time pay and shall be guaranteed a minimum four(4) hours work or
straight-time pay therefore. Provided however, if employees in the Parks Maintenance Division
agree, at any time during the callback,in a signed waiver, that a supervisor may release the
employee on completion of the work for which the callback was made, and the employee is
released from work, the employee shall be paid the three(3) hours callback premium, one(1)
• hour guarantee and compensation for actual hours worked.
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This Article XII shall not be construed as a schedule change as described under Article X.
•
ARTICLE XIII—HOLIDAYS
A. HOLIDAYS SPECIFIED
The following days shall be observed as holidays for all employees and all such employees shall
receive their regular rate of pay for each of the following unworked holidays. Employees
working 10-hour or 12-hour shifts shall be allowed the following days without reimbursement to
the CITY.
1. The first day of January, called New Year's Day;
2. The third Monday of January, observed as the anniversary of the birth of Dr. Martin
Luther King, Jr., also known as Human Rights Day.
3. The third Monday of February, observed as President's Day;
4. The last Monday of May, called Memorial Day;
5. The fourth day of July, called Independence Day;
6. The twenty-fourth day of July, called Pioneer Day;
7. The first Monday in September, known as Labor Day; •
8. The second Monday of October, known as Columbus Day;
9. The eleventh day of November, known as Veterans'Day;
10. The fourth Thursday in November,known as Thanksgiving Day; and
11. The twenty-fifth day of December, called Christmas.
12. One personal holiday: to be taken contingent on the operational requirements of the
department. Employees are eligible for this holiday only after satisfactorily completing their
initial probationary period. Approval or disapproval of the taking of this holiday shall be given
no later than five (5)working days after an employee's request.
B. ALTERNATIVE AND ADDITIONAL HOLIDAYS
When any holiday listed above falls on Sunday,the following business day shall be considered a
holiday. When any holiday listed above falls on Saturday, the preceding business day shall be
considered a holiday. If a holiday falls on an employee's regular day off, the employee may
elect, in lieu of pay, another work day in observance of the holiday,provided the day designated
is within one year following the day off, and a written request is approved in writing by the
employee's supervisor. Such request may not be unreasonably denied. In addition to the above,
any day may be designated as a holiday by proclamation of the Mayor and/or the City Council. •
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C. HOLIDAY WORK
• Employees who are required to work a holiday may elect one of the following options: (1) the
employee may designate an alternate day to observe a worked holiday,provided the day
designated is within one year following the holiday worked, and a written request is approved in
writing by the employee's supervisor; (such request may not be unreasonably denied) or(2) the
employee may elect to forego taking a day off in observance of the holiday and receive pay for
the holiday and for the time worked,provided, however, that when hours worked plus designated
holiday hours exceed 40 hours in a work week, overtime compensation shall be granted the
employee in addition to his or her holiday pay.
If an employee is scheduled to work a holiday and subsequently cannot work that holiday due to
illness or injury, the City shall deduct hours from the employee's sick leave or personal leave
account, as appropriate, and the employee may designate an alternative day to observe the
worked holiday,provided the day designated is within one year following the missed holiday,
and a written request is approved in writing by the employee's supervisor. Such request may not
be unreasonably denied.
Holiday work selections shall be made by department seniority. -
D. COLUMBUS DAY EXCEPTION
Columbus Day may be celebrated within 50 days following the date of its actual occurrence as
specified in Section A above;provided, however,that an employee may celebrate said Columbus
11111 Day on a day other than specified if a written request is approved in writing by the employee's
supervisor,who shall have the sole and absolute discretion to approve any such request.
ARTICLE XIV—VACATIONS
A. VACATIONS AUTHORIZED
Employees shall be entitled to receive their regular wages during vacation periods earned and
taken in accordance with the provisions of this Article.
Every employee shall earn vacation hours bi-weekly from the date employee becomes an
employee;provided further, that no person shall be entitled to use any vacation unless such
person has successfully completed his or her initial probationary period of full-time employment
with the CITY.
•
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B. VACATION SCHEDULE •
Employees shall accrue vacation under the schedule in paragraph 2 of this section,provided that
no person shall be entitled to any vacation unless such person has successfully completed his or
her initial probationary period.
HOURS OF HOURS
VACATION PER , ACCRUED PER
COMPLETED YEARS OF CONTINUOUS CITY SERVICE YEAR" PAY PERIOD
0 to completion of year 3 - 80 3.08
Beginning of year 4 to completion of year 6 96 3.69
Beginning of year 7 to completion of year 9 120 4.62
Beginning of year 10 to completion of year 12 144 5.54
Beginning of year 13 to completion of year 15 160 6.15
Beginning of year 16 to completion of year 19 176 6.77
Beginning of year 20 or more 200 7.69
The CITY and the UNION understand and agree that the vacation accrual rate is based on
continuous years of full-time City service and not upon an employee's accumulated paid City
service.
C. RULES FOR TAKING VACATION
1. Employees shall be granted vacation by City seniority. Employees shall submit •
requests from 1st to 31st January for vacation during the calendar year. The departments shall
grant or deny such requests and post the vacation schedule for the calendar year by March 1 of
each year. Requests for January vacation shall be submitted in November of the previous
calendar year. After the annual vacation draw, employees may request to take additional
vacation days off, contingent on the employee having accrued vacation days available. In the
latter case of vacation day requests made after the annual vacation draw, supervisors shall
respond to vacation requests by granting or denying each request as soon as possible or within
ten(10)working days. Once a department approves or grants a vacation request such vacation
may not be denied absent extraordinary circumstances. Such extraordinary circumstances must
be declared by the Mayor, the Mayor's designee, the employee's department director, or the
CITY's Emergency Program Manager.
2. Employees called back to work during a vacation period shall receive the callback
premium specified in Article XII and shall be compensated for the time worked at time and one-
half. An employee shall not be paid vacation compensation during the callback. However,the
employee shall be allowed to reschedule the remaining vacation not used.
ID
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3. Employees may accumulate vacations (including both earned vacation and sick leave
• conversion time), according to the length of their full-time continuous years of employment with
the CITY up to the following maximum limits:
• After 6 months: up to 200 hours
• After 9 years: up to 280 hours
Any vacation accrued beyond said maximum shall be deemed forfeited unless utilized prior to
the end of the calendar year in which such maximum has been accrued.
4. Except upon termination as provided in Section D, or purchase as provided in Section
E, no employee shall be entitled to be paid for vacation accrued but not taken.
D. BENEFITS UPON TERMINATION
Every employee whose employment is terminated by resignation or otherwise shall be entitled to
be paid for: all earned vacation time accrued and unused: any unused holiday time accrued
within the twelve months prior to termination; and any unused compensatory time off.
Employees subject to layoff shall be eligible for reimbursement of 50 percent of their
accumulated unused sick leave hours.
Employees shall not be eligible to use accrued vacation until the successful completion of their
initial probationary period.
•
E. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE
1. The CITY may purchase accrued vacation time with the consent of the employee and
upon favorable written recommendation of the employee's department head.
2. Said purchase of accrued vacation time may be authorized, in the discretion of the
CITY,when it is demonstrated that:
a. Vacation time is accrued in accordance with this MEMORANDUM;
b. There was a need for the CITY to retain the services of the employee for the said
vacation time;
c. There are sufficient monies in the departmental budget to pay for the vacation time
without disturbing or interfering with the delivery of CITY services; and
•
d. The employee consents to the cash payment in lieu of time off from the employee's
regular work schedule.
The amount to be paid for any such purchase of vacation time as provided herein shall be based
upon the wage rate of the employee at the date of approval by the CITY.
• The CITY and its departments shall extend a diligent effort to provide every employee his or her
earned annual vacation, and shall, through appropriate management efforts, seek to minimize the
15
recommendations for cash payments in lieu of vacation use. Any vacation purchased by the
CITY shall be considered to be an extraordinary circumstance and not a fringe benefit of the •
employee.
ARTICLE XV—SICK LEAVE AND HOSPITALIZATION BENEFITS (Plan A only)
A. SICK LEAVE POLICY AND PROCEDURES(PLAN A ONLY)
1. Sick leave shall be provided to employees as insurance against loss of income when an
employee is unable to perform assigned duties because of illness or injury.
2. Each full-time employee shall accrue sick leave at a rate of 4.62 hours per bi-weekly
pay period.
3. Employees absent from work on account of illness or injury shall report intended
absence to their department head or supervisor before commencement of their duty shift,but in
no event later than fifteen (15)minutes before commencement of such shift unless justified by
extraordinary circumstances.
4. An employee requesting sick leave in excess of two consecutive days may be required
by his or her supervisor to provide documentation from a licensed health care professional that,
during the period of leave, the absent employee was prevented by illness or injury from
discharging the duties required by his or her office or position of employment. Such
documentation may also be required of any employee claiming sick leave benefits not reported in
•
compliance with subsection 3 above or when a supervisor or department head has cause to
believe an abuse of sick leave has occurred.
5. Absent circumstances where the interests of the CITY would be harmed, CITY
supervisors shall approve employees' use of sick leave for medical or dental appointments. This
leave must be taken in minimum one-hour time periods. The CITY reserves the right to require
written verification of actual attendance for the time claimed by the employee pursuant to this
paragraph.
B. ACCUMULATION OF SICK LEAVE(PLAN A ONLY)
Unused sick leave may be accumulated from year to year subject to limitations of Section D of
this Article.
•
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C. SICK LEAVE CONVERSION TO VACATION TIME(PLAN A ONLY)
Any employee who has accumulated two hundred forty(240) sick leave hours may convert a
portion of the yearly sick leave for any given calendar year to vacation hours according to the
following schedule.
For employees working 8-hour shifts:
.2 NUMBER NUMBER
,,HOURSSICK HOURS TO
LEAVE USED CONVERT
0 64
8 56
16 48
24 40
32 32
40 16
More than 40 0
For employees working 10-hour shifts:
NUMBER - NUMBER
HOURS SICK HOURS'TO-
• L'EAVE USED CONVERT :'
0 64
10 54
20 44
30 34
40 24
50 14
More than 50 0
For employees working 12-hour shifts:
NUMBER NUMBER
I on s SACK`, :HouRs To. r.
jJEA`VE<USED/ i_;E°CONVERT
0 64
12 52
24 40
36 28 •
48 16
60 4
More than 60 0
•
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D. SICK LEAVE CREDIT FORWARD(PLAN A ONLY)
The balance of the sick leave hours not converted to vacation days as permitted above, less the •
number of hours used during that calendar year as sick leaves shall be carried forward as
accumulated sick leave hours.
E. NOTIFICATION OF CONVERSION ELECTION(PLAN A ONLY)
An employee electing to convert sick leave to vacation time must notify the Division of Human
Resource Management in writing, on or before January 31 of each year. The CITY shall make
available to employees information regarding sick leave use for the previous year and forms to
request conversion. In no event shall sick leave hours be converted from other than the
immediately preceding year's sick leave.
F. PRESUMPTION OF USE(PLAN A ONLY)
Any sick leave properly converted to vacation benefits, as above described, shall be deemed to
be taken prior to any other days of vacation time to which the employee is entitled; provided,
however, that in no event shall any sick leave converted to vacation days be entitled to any pay
or compensation upon an employee's termination. Any sick leave converted to vacation
remaining unused at the date of termination or retirement shall be forfeited by the employee;
however, for purposes of this section, conversion hours shall be construed as used prior to
vacation otherwise accrued by an employee.
G. SICK LEAVE BENEFITS UPON RETIREMENT(PLAN A ONLY) •
Upon an employee's retirement, the CITY shall contribute 50 percent of the cash value of the
employee's accumulated, unused sick leave to the Nationwide Post Employment Health Plan, in
accordance with the provisions and requirements of that Plan. The value of the sick leave shall
be calculated using the hourly rate of pay in effect on the employee's last day worked prior to
retirement.
Prior to July 1 of each succeeding year,the UNION and the CITY shall evaluate this provision,
and may modify its terms for the following year. The terms of this provision shall not be
modified except one time annually, as provided herein.
H. HOSPITALIZATION(PLAN A ONLY)
In addition to the sick leave authorized hereunder, each full-time employee shall be entitled to
thirty(30) 8-hour calendar days'hospitalization leave each calendar year. Such leave is provided
as insurance against loss of income when employees are unable to perform assigned duties
because of scheduled surgical procedures, urgent medical treatment, or hospital admission. No
accumulation of hospital leave shall be allowed. Employees may not convert hospitalization
leave to vacation or any other leave,nor may they convert hospitalization leave to any additional
benefit at time of retirement. Employees shall not be entitled to hospitalization leave until they
have completed their probationary period. Employees who are unable to perform their duties
during a scheduled shift due to preparations for(such as fasting,rest, or ingestion of medicine), •
or participation in, a scheduled surgical procedure shall obtain the permission of their supervisor
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• prior to the scheduled procedure. With the approval of the supervisor, employees may report the
absence from the affected shift as hospitalization leave. Employees who must receive urgent
medical treatment at a hospital, emergency room, or acute care facility, and who are unable to
perform their duties during a shift due to urgent medical treatment, may report the absence from
the affected shift as hospitalization leave. Employees must report the receipt of urgent medical
treatment to their supervisors as soon as practical. Herein,urgent medical treatment includes at-
home care directed by a licensed health care professional immediately after the urgent medical
treatment and within the affected shift. Employees who are admitted to a hospital for medical
treatment, so they are unable to perform their duties, may report the absence from duty as
hospitalization leave. Medical treatment consisting exclusively or primarily of post-injury
rehabilitation or therapy treatment,whether conducted in a hospital or other medical facility,
shall not be counted as hospitalization leave. Employees requesting hospitalization leave may be
required to provide documentation of treatment from a licensed health care professional.
I. REGULAR COMPENSATION TO BE CONTINUED(PLAN A ONLY)
Each employee who takes sick leave or hospitalization leave shall continue to receive his or her
regular compensation during his or her absence from work for the periods set forth in this
Article.
ARTICLE XVI—DISABILITY COMPENSATION
A. If an employee of the CITY becomes entitled to receive worker's compensation as a result of
• suffering a CITY service-connected injury or illness, such employee shall be paid worker's
compensation as provided by law;provided, however, that the employee may elect to use, during
such disability, their accumulated leave time, such part of their wage as will,when added to their
worker's compensation payments, equal their net wages, and provided further, that satisfactory
evidence of such election shall be transmitted by said person to the CITY's Risk Manager prior
to payment. "Net wages"for purposes of this provision shall mean gross compensation less
Federal and State income tax and FICA withholding.
B. The CITY shall make every effort to provide a"transitional duty"assignment to an
employee with an occupational injury.or illness as defined by the Worker's Compensation Act.
Transitional duty assignments shall be offered to the employee by the CITY upon receipt of a
written release back to work, along with any applicable work restrictions, from the employee's
medical provider.
C. The CITY shall provide a long term disability plan for UNIT employees to enroll in.
D. The CITY shall establish rules and procedures for administration of an injury leave program
(supplemental to regular sick leave benefits) for employees under the following qualifications
and restrictions:
1. The disability must have resulted from an injury arising out of the discharge of official
duties or while exercising some form of necessary job related activity as determined by the
• CITY.
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2. The employee must be unable to return to work due to the injury as verified by a .
licensed health care professional acceptable to the CITY;
3. The leave benefit must not exceed the value of the employee's net wages during the
period of absence due to the injury, less all amounts paid or credited to the employee as worker's
compensation, social security, long-term disability, or retirement benefits, or any form of
governmental relief whatsoever;
4. The aggregate value of benefits provided to employees under this injury leave program
shall not exceed the total of$5,000 per employee per injury; unless approved in writing by the
employee's department head after receiving an acceptable treatment plan and consulting with the
City's Risk Manager; and
5. The CITY's Risk Manager shall be principally responsible for the review of injury
leave claims, provided that appeals from the decision of the Risk Manager may be reviewed by
the Director of Management Services who may make recommendations to the Mayor for final
decision.
If an employee is eligible for worker's compensation as provided by law and is not receiving
injury leave pursuant to this provision said employee may elect in writing to the Director of
Human Resource Management to use accumulated sick leave and authorized vacation time to
supplement the employee's worker's compensation,not to exceed the employee's net salary.
ARTICLE XVII—PART-TIME AND SEASONAL EMPLOYEES •
Unless otherwise provided in state, federal or municipal law, regular part-time and hourly
employees, as defined by the CITY,who perform essentially the same job duties of employees
covered by this MEMORANDUM, shall not be included, in the overtime rotation, for those job
duties, as provided to full-time employees in Article X.E. of this MEMORANDUM unless no
qualified full-time employee is available to do the overtime work.
If employees are released due to a lack of work,regular part-time and hourly employees shall be
released first before qualified full-time employees who are performing essentially the same job
duties.
Regular part-time and hourly employees,who perform essentially the same job duties of
employees covered by this MEMORANDUM, shall not bid on holidays, vacations, shifts and
other benefits that are affected by an employee's seniority.
Qualified full-time employees, covered by this MEMORANDUM, shall be offered overtime
work before it is given to regular part-time and hourly employees who are performing essentially
the same job duties.
Regular part-time employees,performing essentially the same job duties of full-time employees
covered by this MEMORANDUM, shall not receive compensation higher than the entry level
(Step A on Appendices "A," "B"and"C") for the applicable job grouping.
•
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Regular part-time employees shall not replace or displace full-time employees in their job
classifications, positions, or normal job duties.
ARTICLE XVIII—LEAVES OF ABSENCE
Employees shall be eligible for leaves of absence under the following circumstances:
A. BEREAVEMENT LEAVE(PLAN A ONLY)
1. Time off with pay shall be granted a full-time employee who suffers the death of a
wife, husband, child,mother, father, stepmother, stepfather, stepchild, brother, sister, step-sister,
step-brother, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandchild, grandfather,
or grandmother. In the event of death in any of these instances, employees shall be paid their
regular base pay for scheduled work time from the time of death through the day of the
memorial; however, no such leave shall be permitted to exceed more than five (5)working shifts.
Employees shall be permitted one additional paid shift of bereavement leave, on the day
following the memorial, if the memorial is held more than 150 miles distance from Salt Lake
City and if the day following the memorial is a regular working shift. Satisfactory proof of such
death, together with the date thereof and the date and location of the memorial, must be furnished
by the employee to the employee's supervisor.
2. In the event of death of a full-time employee's uncle, aunt, nephew, niece, first cousin,
brother-in-law, sister-in-law, grandfather-in-law or grandmother-in-law, an employee shall be
• paid for time off from scheduled working hours while attending the memorial services for such
person, not to exceed one work shift.
3. In the event of death of friends or other relatives not specifically identified in
subsections 1 or 2 of this provision, an employee may be granted time off without pay while
attending the memorial services for such persons, not to exceed four(4)hours subject to the
approval of his or her immediate supervisor. Nothing in this subsection shall prevent an
employee from requesting earned and unused compensatory or vacation time.
4. In the event the death of any member of the immediate family, as set forth in
subsection 1 of this Article occurs while an employee is on vacation, his or her vacation shall be
extended by the amount of time authorized as bereavement leave under said subsection.
5. An employee who is on leave of absence is not entitled to bereavement leave.
6. A similar, but not identical benefit, is provided to employees covered under Plan B, the
Optional Personal Leave Plan. See paragraph I.11 below.
B. LEAVE OF ABSENCE OF EMPLOYEES WHO ENTER MILITARY SERVICE
Every employee who enters the active service in the Utah State National Guard or in the service
of a uniformed service of the United States, including the United States Army, United States
Navy, United States Marine Corps,United States Air Force, commissioned corps of the National
Oceanic and Atmospheric Administration, or the commissioned corps of the Public Health
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Service, shall be entitled to be absent from his or her duties and service with the CITY, without
pay, as required by state and federal law. Said leave shall be granted for no more than five
cumulative years, consistent with the federal Uniform Services Employment and Reemployment
Act and according to Section 39-1-36 of the Utah Code.
C. PAY WHILE ON MILITARY DUTY
All employees who are or shall become members of the reserves of the United States Army,
Navy, Air Force, Coast Guard and Marines, or any unit of the Utah National Guard, shall receive
full pay for all time not in excess of fifteen(15) continuous calendar days per year spent on
military active duty in connection with the requirements of the service. This leave shall be in
addition to annual vacation leave. Employees who do not participate in an annual exercise or
serve on extended active duty,but instead participate in active military duty on a periodic basis
throughout the year, shall be allowed full pay for all time not in excess of ninety(90)hours per
calendar year spent on such military duty. To qualify, employees claiming the benefit under this
provision shall provide documentation to the CITY demonstrating duty with such agencies.
D. LEAVE FOR JURY DUTY
All full-time employees shall receive their regular wages for any scheduled shift work missed
due to jury service. In addition, all employees are entitled to receive and retain statutory juror's
fees paid for jury service. On those shifts that an employee is required to report for jury service
and is thereafter excused from such service during his or her regular working hours for the
CITY, he or she shall forthwith return to and carry on his or her regular CITY employment. In •
the latter circumstance, an employee who fails to return to work shall forfeit the pay of that shift.
Employees are required to give their supervisors as much advanced notification as possible
regarding jury duty that may require them to be absent from scheduled shift work.
E. FAMILY MEDICAL LEAVE
Several benefits in this MEMORANDUM continue income to employees during absence due to
illness, accident, or personal reasons. Some of these absences may qualify under the Family
Medical Leave Act(FMLA). This is a federal law that provides up to 12 weeks of unpaid leave
each year and protects jobs and health care benefits for eligible employees who need to be off
work for certain "family and medical"reasons. Appendix ("C") outlines the FMLA rights and
obligations of the employee and the CITY. The CITY requires all employees using FMLA leave
to exhaust their paid leave allotments for FMLA-qualifying events prior to taking FMLA leave
unpaid. The paid leave parameters are defined in this MEMORANDUM.
F. DEPENDENT LEAVE(PLAN A ONLY)
1. Dependent leave may be requested by an employee for the following FMLA-qualifying
reasons:
a. Becoming a parent through birth or adoption of a child or children.
b. Placement of a foster child in the employee's home. •
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c. Due to the care of the employee's child, spouse, or parent with a serious health
• condition.
2. An employee may also request dependent leave in order to care for an employee's
child, spouse, or parent who is ill or injured but who does not have a serious health condition.
3. The following provisions apply to the use of dependent leave:
a. Dependent leave may be granted in single working shift increments with pay on a
straight time basis from the date a dependent commences residence with an employee, or from
the date of birth of the dependent or from the date the dependent becomes ill, injured, or
hospitalized.
b. The employee must have accumulated and have available unused sick leave. Under
no circumstances shall the employee be entitled to use as dependent leave more than forty(40)
hours in any calendar year for employees who work 8 or 10-hour shifts and 48 hours for
employees who work 12 hour shifts.
c. The employee must give notice to his or her supervisor as soon as possible under
the circumstances.
d. The employee must provide, upon request by a supervisor, certification of birth or
evidence of a child placement for adoption to his or her supervisor within five(5) working days
• following termination of such leave. A letter may be requested from the treating physician in the
event of hospitalization of a dependent within five (5)working days following termination of
dependent leave used for this purpose.
e. An employee's sick leave shall be reduced by the number of hours taken by an
employee as dependent leave under this section.
G. LEAVE OF ABSENCE FOR UNION ACTIVITY
Up to two (2) employees of the UNIT elected to UNION positions, or selected by the UNION to
positions the responsibilities of which require absence from employment with the CITY, shall
upon written request from the UNION, submitted to the CITY as soon as possible under the
circumstances but in no event later than thirty(30) days prior to the first day of absence,receive
a leave of absence,without pay, for the period of service with the UNION. Upon termination of
the leave of absence of one of such two employees, another employee shall be eligible for a leave
of absence under the terms and conditions set forth above. At no time shall more than one(1)
employee within a single division of a department be absent from work under the provisions of
this section. If either of the two employees returns to work within 90 calendar days or less,
he/she shall not have a loss of seniority.
The employees while on a leave of absence,in service of the UNION,may continue to
participate in the CITY's Health Insurance programs as provided by law (COBRA) and provided
the employees pay the employee's share of the premium, if any, and the UNION pays the
• employer's share of the premium.
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Either employee shall, upon the ending of such leave,be reinstated into the first vacant position,
which has a similar classification and was last engaged in prior to taking leave, that the CITY has •
open in any of its career service departments provided that the person meets the minimum
qualifications according to the status and classification which was held and was last engaged in
prior to taking such leave.
Either employee during such leave and for one year thereafter shall have pre-bid rights.
H. ADDITIONAL LEAVES OF ABSENCE
Employees shall be allowed to take up to six (6)months unpaid additional leaves of absence at
the discretion of the department head without loss of seniority or position.
I. OPTIONAL PAID PERSONAL LEAVE PLAN(PLAN B)
1. Effective November 16, 1997, there shall be available to employees an optional paid
personal leave plan as provided in this paragraph XVIII J("Optional Plan"). The Optional Plan
shall be in lieu of and replace the following articles in the MEMORANDUM: Article XV—Sick
Leave,Hospitalization and Retirement Benefits; Article XVIII—Bereavement Leave, Dependent
Leave; and Article XIV.D.1 (d)—Layoff Benefit. Where the leave is not related to the
employee's own illness or disability—or an event that qualifies under the FMLA—a personal
leave request is subject to the approval provisions specified below.
2. In order to be covered under the Optional Plan:
•
a. The employee must have been hired before November 16, 1997 and
b. The employee must,between July 15, 1997 and October 15, 1997, sign and deliver
to Human Resource Management a written authorization form electing to be covered by the
Optional Plan.
3. Employees who do not elect to be covered by the Optional Plan as provided herein
shall continue to be covered under the provisions of the MEMORANDUM specified in
subparagraph A.
4. Employees hired on or after November 16, 1997, shall be covered by the Optional
Plan.
5. Under this Optional Plan,paid personal leave shall be provided for employees as
insurance against loss of income when an employee is absent from work due to illness or injury,
to care for a dependent, or for any other emergency or personal reason, subject to the operational
requirements of the CITY.
•
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6. Each employee under this Optional Plan shall be provided, at the beginning of the
• second pay period of November in each calendar year,paid personal leave hours based on the
following schedule:
MONTHS OF HOURS OF.,
CONTINUOUS PERSONAL
CITY SERVICES LEAVE
Less than 6 40
Less than 24 60
24 or more 80
Employees hired during the plan year shall be provided paid personal leave on a prorated basis.
The CITY and the UNION understand and agree that the personal leave accrual rate is based on
continuous months of full-time City service and not upon an employee's accumulated paid City
service.
7. On or before the beginning of the second period of November in each calendar year,
employees covered by this Optional Plan may elect,by notifying Human Resource Management
in writing,to:
a. Convert any unused paid personal leave hours available at the end of the first pay
period of November for a lump sum payment equal to the following: For each converted hour,
• the employee shall be paid 50 percent of the employee's hourly base wage rate in effect on date
of conversion. In no event shall total pay hereunder exceed 40 hours pay, or
b. Carryover to the next calendar year up to 80 unused paid personal leave hours, or
c. Convert a portion of unused paid personal leave hours, for a lump sum payment as
provided in subparagraph J 7a above and carry over a portion as provided in subparagraph J 7 b
above.
8. A maximum of 80 hours of paid personal leave may be carried over to the next
calendar year. Any personal leave hours unused or converted before the end of the calendar year
in excess of 80 shall be converted to a lump sum payment as provided in subparagraph J 7 above.
9. At termination of employment for any reason, accumulated unused personal leave
hours shall be paid to the employee at 50 percent of the hourly base wage rate on date of
termination for each unused hour. For purposes of this benefit,paid personal leave hours will be
prorated based on when, in the calendar year, the employee terminates employment with the
City.
10. Conditions of Use of Paid Personal Leave are:
a. Minimum use of paid personal leave is one hour.
• b. Except in unforeseen circumstances, such as emergencies or the employee's
inability to work due to his or her illness or accident,the employee must provide his or her
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supervisor or manager with prior notice to allow time for the supervisors or managers to make
arrangements necessary to cover the employee's work.
•
c. For leave due to unforeseen circumstances, employees must give their supervisors
or managers as much prior notice as possible, but in no event later than fifteen(15)minutes
before commencement of the employee's scheduled work unless justified by extraordinary
circumstances.
d. Supervisors or managers shall not require an employee to use another form of leave
in lieu of requested paid personal leave.
11. Under this Optional Plan,time off with pay shall be granted to a full-time employee
who suffers the loss of a wife, husband, child, mother, father, brother, sister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, grandfather, grandmother, grandchild, or stepchild,
stepmother, stepfather, stepbrother, or stepsister. The employee shall be paid the employee's
regular base pay for scheduled work time from the date of death through the day of the
memorial,not to exceed five working shifts. Employees shall be permitted one additional paid
shift of bereavement leave on the day following the memorial if such memorial is held more than
150 miles distance from Salt Lake City and if the day following the memorial is a regular work
shift. Satisfactory proof of such death, together with the date thereof, the date and location of the
memorial, and the date of burial, must, on request, be furnished by the employee to his or her
supervisor or manager. The provisions of this paragraph shall not be applicable to employees
who are on leave of absence.
12. Full-time employees covered under the Optional Plan, who are hired before November •
16, 1997, and elect in writing during the period between July 15, 1997 and October 15, 1997,
shall have a severance account equal to sixty percent of their accumulated unused sick leave
hours available on November 16, 1997. The severance account balance shall appear on the
employee's payroll check stub. The conversion percentage in future enrollment periods may
vary as negotiated by the UNION and the CITY.
13. After November 16, 1997,the full-time employee covered under the Optional Plan
shall have no other accumulated sick leave except for those hours in the severance account.
14. All of the hours in the severance account shall be payable at layoff as follows: The
employee shall be paid the employee's hourly rate of pay on date of or layoff for each hour in the
employee's severance account.
Upon an employee's retirement, the CITY shall contribute the cash value of the employee's
severance(R/L) account to the Nationwide Post Employment Health Plan, in accordance with
the provisions and requirements of that Plan. The value of that contribution shall be calculated
using the hourly rate of pay in effect on the employee's last day worked prior to retirement.
Prior to July 1 of each year, the UNION and the CITY shall evaluate the provision immediately
above, and may modify its terms for the following year. The terms of that provision shall not be
modified except one time annually, as provided herein.
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15. Hours may be withdrawn from the severance account for emergencies after paid
11111 personal leave hours are exhausted, and with approval of the employee's supervisor or manager.
Approval shall not be unreasonably denied. It is understood that hours used from the severance
account shall be governed by the same rules of usage that are applied to sick leave hours.
Severance account hours may also be used as a supplement to worker's compensation benefits
which, when added to the employee's worker's compensation benefits, equals the employee's
regular net salary. The employee must make an election in writing to the Director of
Management Services to use severance account hours to supplement workers' compensation
benefits.
16. Protection against loss of income when an employee is absent from work due to short
term disability shall be provided to employees covered under this Optional Plan through short
term disability insurance (SDI). There shall be no cost to the employee for SDI. SDI shall be
administered in accordance with the terms determined by the CITY. As one of the conditions of
receiving SDI, the employee may be required to submit to a medical examination. The
agreement between the CITY and the Third Party Administrator of the SDI Program shall be
available for review on the CITY Info Base or at the office of Human Resource Management. At
the request and agreement of the employee, the CITY may, if available and with proper medical
releases,provide temporary light duty assignments to employees on SDI.
17. Disputes and disagreements regarding the administration and interpretation of this
Optional Plan shall be resolved through the Labor Management Committee as specified in
Article XXV of this MEMORANDUM.
• 18. Paid personal leave shall not be considered as time worked for purposes of overtime
computation.
ARTICLE XIX—LONGEVITY PAY
In addition to the wages herein provided, every employee who has completed six(6) continuous
full years of employment with the CITY shall receive a monthly longevity benefit in the sum of
fifty dollars ($50).
Every employee who has completed ten(10) continuous years of employment with the CITY
shall receive a total monthly longevity benefit in the sum of seventy-five dollars ($75).
Every employee who has completed sixteen(16) continuous years of employment with the CITY
shall receive a total monthly longevity benefit of one hundred dollars ($100).
Every employee who has completed twenty(20) continuous years of employment with the City
shall receive a total monthly longevity benefit of one hundred twenty five dollars ($125).
The computation of longevity pay shall be based on the most recent date employee became a
full-time employee with the CITY.
411111
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The UNION and the CITY understand and agree that longevity compensation is based on
continuous years of full-time City service and not upon an employee's accumulated paid City •
service.
ARTICLE XX—TOOL, UNIFORM, AND AUTOMOBILE ALLOWANCES
A. TOOL ALLOWANCE
Employees meeting the following qualifications shall receive $60 per month as a tool allowance:
1. The employee shall be required to use personal tools on his or her CITY job, said
requirement being listed in the job description for the position held by the employee.
2. The replacement cost of the tools used must exceed$3,000.
3. The employee must actually use the tools on a daily basis and not just store them on the
job site.
If an employee is in a transitional duty assignment where the employee is not required to use his
or her personal tools, the CITY shall immediately terminate the payment of the tool allowance
herein.
The CITY shall not require employees to provide their own tools in excess of$3,000 without
paying the tool allowance provided hereunder. The tool allowance shall not be paid unless the •
CITY requires such tools.
Each employee shall maintain an inventory of such tools and shall provide copies of that
inventory to his or her department by September 1 on a yearly basis. In the event of the loss of
any tools herein, the employee may submit a claim with the CITY's Risk Manager. The CITY
shall compensate the employee for any loss not in excess of$5,000, less a $250 deductible for
which the employee is responsible. In determining the CITY's liability for loss the CITY shall
use the replacement value of the tools lost. Claims under this paragraph are payable only if the
equipment claimed is lost from a CITY work location and is contained in a current inventory of
the equipment filed by the employee. If an employee purchases additional tools during the year
after submission of the employee's annual inventory,'the employee shall submit a revision of the
employee's inventory to the employee's department.
B. UNIFORM ALLOWANCE
Employees,when required to wear uniforms in the execution of their duties with the CITY shall
have such uniforms furnished and maintained at the CITY's expense with the following
exception: employees in the Public Services Department(other than welders,mechanics and
parking enforcement personnel) shall maintain their uniforms at their own expense.
Coveralls provided to employees in the Public Services Department shall be laundered on a
regular basis and replaced on an as needed basis by the CITY.
ID
•
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1. Airport Police Officers who are required to wear uniforms while in the execution of
. their duties shall receive the sum of$55 per month as a uniform allowance in lieu of any uniform
expense to the CITY.
2. The following employees,when required to wear uniforms in their duties with the
CITY, shall receive the following monthly uniform allowances in lieu of any other uniform
expense to the CITY:
Parking Enforcement Personnel $50
Parking Meter Repair Personnel $50
Watershed Patrol $50
Police Clerical and Dispatch Personnel $50
Fire Clerical and Dispatch Personnel $50
C. AUTOMOBILE ALLOWANCES
Employees who are authorized to use and who do use privately owned automobiles for official
CITY business shall be reimbursed for their operation expenses of said automobiles at the per
mile allowance rate specified in the IRS/GSA schedule, as reproduced in the CITY's Accounting
Division's Travel Reimbursement Procedure, for each mile actually traveled in official CITY
business. Before payment is made to any employee,pursuant to the terms of this section, the
employee's supervisor must authorize the use of the automobile and the employee's supervisor
must verify the mileage traveled.
• ARTICLE XXI—INSURANCE
1. The CITY shall make available life, accidental death, and dismemberment, dental, and
health insurance to all employees covered under the MEMORANDUM,upon the terms and
conditions as may be from time to time determined by the CITY.
2. During fiscal years 2003-04 and 2004-05, the CITY shall make available life,
accidental death and dismemberment, health, dental insurance and long term disability(income
protection plan)to UNIT employees upon the terms and conditions the CITY is providing to
employees in all other certified bargaining units during said years. Payment shall be deducted
biweekly consistent with the pay periods.
3. The CITY shall continue to make available the same consulting service which shall
provide limited consulting by an outside confidential firm for drug abuse, alcoholism, and
marriage counseling.
4. The CITY shall participate in the Nationwide Post Employment Health Plan(NPEHP),
as adopted by the CITY by contract and ordinance. The CITY shall contribute $704 per fiscal
year(prorated by bi-weekly pay periods)into each employee's NPEHP account.
•
29
ARTICLE XXII—PENSION PLAN CONTRIBUTION
The CITY agrees to pay the employee's share and employer's share of the retirement contribution
as mandated by state statutes and as said statutes are interpreted by the Utah State Retirement
Board.
ARTICLE XXIII—SENIORITY
A. SENIORITY DEFINED
For the purposes of this MEMORANDUM, an employee may have his or her:
• City seniority,which is the continuous paid service with the City;
• Department seniority, which is the continuous paid service with the employee's current
City department from the date the employee last began employment with that City
department; and
• Workgroup seniority, which is the continuous paid service with the employee's current
workgroup from the date the employee last become an employee in that workgroup.
After consultation with the City's Labor Relations Officer, and solely for the purposes of the
seniority provisions of this MEMORANDUM,the UNION shall make a determination of which
group of employees constitute a workgroup. •
Elected officials of the UNION shall be considered to have seniority above that of all other
employees for the purpose of layoff only, regardless of actual seniority.
B. LAYOFFS
Whenever it is necessary to reduce the number of employees performing an activity or function
defined by the Mayor or his or her designee within a CITY department because of lack of work
or lack of funds, the CITY shall minimize layoffs by readjustment of personnel through
reassignment of duty in other departments.
1. Whenever layoffs are necessary, temporary, probationary, and hourly employees
performing essentially the same duties as the aforesaid work activity or functions being reduced
shall be laid off first; provided, that it is expressly understood that seasonal employees are not
included in this limitation.
•
2. Employees shall be the last to be laid off in inverse order of the length of CITY
seniority in the same job classification.
3. Employees designated for layoff or actually laid off shall move into a vacant equal or
lower classified job position, wherever situated in the CITY, for which the employee is qualified.
Vacant means that the Division of Human Resource Management has received a request to fill a
position. Equal or lower classified means that the maximum salary for the vacant position shall •
be less than or equal to the maximum salary for the position being laid off. Said employee,
30
within the CITY department in which the layoff occurred,may also bump less senior, full-time
• temporary or probationary personnel(in a job position and function previously and actually held
by said laid off employee) for a position said employee is currently qualified and able to perform
as determined by the Division of Human Resource Management.
4. Employees who have been laid-off shall have rights for a one-year period to placement
in any vacant job that is at an equal or lower classification where they meet minimum
qualifications. They shall not be subject to any further examination. Minimum qualifications on
laid off job positions shall remain unchanged for the same one year period not restricting
changes for bona fide business and operational purposes.
5. A re-employment list shall be established in the Division of Human Resource
Management to facilitate the placement of any reduced in force employees.
C. GENERAL RE-EMPLOYMENT LISTS
Employees who have been laid off in accordance with paragraph(B) above or have been
separated from employment by resignation or otherwise without misconduct on their part,have
the right to request pre-bid in accordance with Article XXIV,Pre-Bid Procedures,paragraph A
of this MEMORANDUM. Pre-Bid rights shall expire two (2) years from the employee's date of
layoff or separation from employment. Names shall be placed on the appropriate reemployment
list in order of City seniority, as defined by City Code 2.52.070. Should the employee be rehired
within this time period the employee shall have full reinstatement of all seniority or length of
service for purposes of layoff,vacation,personal leave, and sick leave computation. The
employee shall be subject to the same probationary period as an employee hired under pre-bid.
If the aforementioned employee has cashed out any sick leave, vacation, or retirement monies,
the employee shall not be eligible for reinstatement of the same.
D. SHIFT BIDS
•
Department heads or their designee shall decide the employee qualifications, abilities or
experience recommended for each work shift or CITY operation deemed desirable to perform the
functions, operations or mission of the department, and such considerations may include training,
specialized knowledge, skill or other particularized needs of the entire department. After
management has made shift assignments indicated by such needs or considerations, the
remainder of the shift-work assignment shall be made on the basis of workgroup seniority. For
the purpose of shift bidding, all UNIT employees assigned to the Department of Airports belong
to a single workgroup.
E. ROUTE BIDS
Employees bidding for route assignments shall conduct their bidding according to the procedures
in Article XXIII,paragraph D in this section.
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ARTICLE XXIV—JOB BIDS •
•
In order that qualified employees maybe given proper consideration when a vacancy in a job
exists, and the department head deems it advisable to fill such vacancy on a full-time basis,the
department head shall utilize the following Job-Bid Procedure (except for positions in the
classified civil service):
A. PRE-BID PROCEDURE
An employee may apply at any time for a Pre-Bid in writing on forms specified by the Division
of Human Resource Management for inclusion on a confidential Pre-Bid register. Such
confidential Pre-Bid register shall be deemed closed when the department head advises the
Division of Human Resource Management in writing that a vacancy needs to be filled on a full-
time basis. Human Resources shall,prior to the job being opened internally,notify employees
who have Pre-Bid as to whether or not they meet minimum qualifications for the position.
An employee shall have the responsibility to update requests for such Pre-Bid. Such requests
shall be valid for no more than a two-year period.
B. INTERNAL JOB ANNOUNCEMENT PROCEDURE
Positions shall be posted for a period of at least five(5) working days (excluding holidays),
during which time employees may apply in writing, on forms specified by the Division of
Human Resource Management, for appointment to fill such vacancy, setting forth any such
information as may be required by the CITY.
Jobs shall be posted in a locked display case in the following departments: Airport, Parks,
Streets, Water Reclamation, Public Safety, Public Utilities, or where deemed necessary by the
Labor Management Committee. The Division of Human Resource Management shall forward a
complete list of all job announcements to a designated steward in each CITY department. The
UNION shall provide the Division of Human Resource Management with the names of the
designated stewards.
C. EXTERNAL JOB ANNOUNCEMENT PROCEDURE
When a vacancy cannot be filled by competent and experienced employees applying for a job,
the Director of the Division of Human Resource Management, on the recommendation of the
department head,may announce the job vacancy for external recruitment purposes.
D. SELECTION PROCEDURE
All full-time internal applicants meeting the minimum qualifications shall be afforded the
opportunity to compete for the vacant position during the internal process.
At the discretion of the hiring department, the hiring authority and a UNION representative shall
jointly select a neutral employee who shall, on request,be seated as a neutral observer during
applicant interviews conducted by oral boards. This neutral observer shall disclose information •
only on a need to know basis.
32
The department head shall make a selection from those applicants on a register designated by the
• Director of the Division of Human Resource Management, solely on the basis of qualifications;
however, in the event that all qualifications are relatively equal, the employee who has the most
City seniority shall be selected.
Department managers,with the assistance of the Division of Human Resource Management,
shall be cognizant of job descriptions and related requirements for positions and afford first
consideration to employees within the affected department. Job descriptions shall be clear and
concise, defining minimum experience and qualifications required.
E. JOB BID GRIEVANCES
Employees objecting to the process under this Article XXIV for positions covered by this Article
shall file grievances in accordance with the provisions of Article XXVII D.
F. TRAINING
The Division of Human Resource Management agrees to provide periodic position counseling
and pre-bid/job-bid training to eligible City employees.
G. PROBATIONARY PERIOD
An employee who is a successful bidder for a job vacancy shall be on probation for a period not
to exceed ninety(90) calendar days,during the first thirty(30)days of which time the employee
• may elect to return to the former position of employment. A successful bidder who is not a full-
time employee shall be on probation for six (6)months. The probationary period may be
extended, if necessary for training purposes, if agreed upon by applicant and supervisor or
department head. During the probationary period, applicant shall not be eligible to be selected
for any other job vacancy unless prior authorization to apply for job openings is obtained from
the department head. Such authorization shall be the sole discretion of the department head. If
the applicant is retained in the job applied for at the expiration of said probationary period,
applicant shall be ineligible to be selected for another job opening for a period of nine (9)months
after the expiration of said probationary period,unless authorization to apply is given by the
department head as specified above. If applicant is not retained in said job before the expiration
of the probationary period, the employee shall be returned to the position held prior to being
accepted in the job applied for.
The provisions of this MEMORANDUM do not impair or limit the authority of the Civil Service
Commission to impose probationary periods for employees in the classified civil service.
ARTICLE XXV—LABOR MANAGEMENT COMMITTEE AND SAFETY
A. LABOR MANAGEMENT COMMITTEE
There shall be a Labor Management Committee consisting of ten members; five employees
appointed by the UNION and five employees appointed by the CITY. The five UNION
• members of the Labor Management Committee shall represent both 100 and 200 series
33
employees. The committee shall meet monthly or upon call of either party in the event of an
emergency. Meetings shall be held on CITY time. The Labor Management Committee shall •
adopt rules and regulations governing the Committee's duties and responsibilities. It shall be the
general function of the Labor Management Committee to discuss matters of mutual interest
concerning wages,hours, and other conditions of employment except those that are specifically
covered under the grievance procedure,in accordance with Article XXVII, Grievance Procedure.
Items brought to this committee must have first been brought before the appropriate department
management personnel in an attempt to resolve the issue. An agenda shall be prepared and
delivered to each of the committee members in advance of any meeting by the CITY's Labor
Relations Office.
The Labor Management Committee shall make appropriate recommendations to department
directors for their decisions that shall be final and binding.
The Labor Management Committee shall study such matters as apprenticeship and training,
seniority, overtime, layoff procedures, employee productivity, and other matters of mutual
interest to the CITY and the UNION. It is the intent of this agreement that only one Labor
Management Committee exists for the employees represented by the UNION.
B. SAFETY
Management and employees, along with the Departmental Safety Committees (which shall
consist of three employees appointed by the UNION and three employees appointed by the
CITY), shall coordinate to maintain a safe and healthful workplace. Each Departmental Safety •
Committee shall review and determine protective clothing needs of employees.
C. TRAINING AND DEVELOPMENT COMMITTEE
The UNION shall appoint one person to represent both the 100 and 200 series employees on the
CITY's Training and Development Committee.
ARTICLE XXVI—PROCEDURAL RIGHTS
It is the intent of this Article to provide procedural safeguards to employees who are under
investigation for alleged acts of misconduct. The procedural rights provided in subparagraphs 1
through 5 below do not apply to routine,undocumented inquiry, coaching, instruction, or
direction given to an employee by his or her supervisor.
A. INVESTIGATIVE INTERVIEWS
When any employee is under investigation for an alleged act of misconduct,the investigation
shall be conducted under the following conditions.
1. Prior to any investigative interview,the employee shall be advised of the following:
a. The nature of the complaint, and the specific allegations of misconduct;
b. The date, time, and location of the incident that gave rise to the allegation(s); and •
34
• c. The employee's right to have representation as provided in Article VI.
2. The investigative interview shall specifically and narrowly focus on the job related
conduct of the employee.
3. A recording of the investigative interview session of the employee shall be made.
4. Persons conducting the investigation may not:
a. Subject the employee under investigation to offensive language or threaten
disciplinary action, except an employee refusing to respond to questions or to submit to
interviews shall be informed that failure to answer questions narrowly and directly related to job
related conduct may result in disciplinary action.
b. Make any promise of reward or leniency as an inducement for the employee to
answer any questions.
5. CITY and UNION representatives may not delay, interfere with, or otherwise obstruct
any lawful investigation conducted by the CITY in compliance with the terms and conditions of
this MEMORANDUM.
6. The employee shall be notified, in writing, of the disposition of any investigation
including a disposition of each allegation, and the action to be administered, if applicable.
• 7. Sixty(60)days after the investigative interview if the employee has not been informed
regarding the disposition of an investigation of the employee's conduct or performance,the
employee may request a status report of the investigation and any disposition of charges against
the employee. Within five(5)working days after receiving the request the CITY shall inform
the employee of the status of the investigation and the likely time required to resolve the charges.
B. PRE-DISCIPLINARY HEARING
The administrative process associated with predisciplinary matters shall provide, at a minimum,
the following safeguards.
1. Prior to any predisciplinary hearing, the employee and his or her representative shall be
afforded reasonable time to examine documentary evidence being relied upon by the CITY.
2. The employee shall be provided with a notice of allegations, a statement of the grounds
for the allegations, and the evidence relied upon.
3. The employee shall be afforded an opportunity to respond to allegations.
The employee shall have a right to representation as provided in Article VI.
•
35
ARTICLE XXVII—GRIEVANCE PROCEDURE
•
A. DISCIPLINARY GRIEVANCE
1. It shall be the policy of the CITY,the UNION and employees,to adjust grievances of
employees properly and fairly, within the framework of existing laws and regulations. Every
effort shall be made to adjust grievances in a manner mutually satisfactory to employees, the
UNION, and the CITY at the lowest possible level. An employee may be accompanied by a
UNION representative or other representative of the employee's choice, at any step of the
grievance process, provided the representative shall be within the employee's department or the
UNION business agent or the Chief Steward under the conditions listed in Article V above; and,
the representative will be available in a reasonable time. The CITY shall notify the employee of
this right prior to the administration of disciplinary action.
An employee shall not be subjected to retaliation, punitive action, or discrimination in any aspect
of employment for the lawful exercise of the grievance procedure. Any such act shall constitute
grounds for a separate grievance.
2. The procedural steps for resolution of a grievance involving suspensions without pay,
denial of a merit, demotions, disciplinary transfers and terminations shall be as follows:
Civil Service employees must file any termination or suspensions without pay of more than 3
working days or twenty-four(24)working hours with the Salt Lake City Civil Service
Commission. Such appeals must be filed with the Commission within five(5) calendar days of •
the date the employee becomes aware of a decision or action that is subject to appeal.
For those actions listed above that may not be appealed to the Commission,the following
procedural steps apply.
Step 1. The employee may appeal the grievance to the appropriate Department Director or
Department Director's designee by submitting a written appeal within ten(10)working days
from the date discipline is issued. The Department Director or designee may conduct an
informal hearing with the aggrieved employee and representatives for the CITY pertaining to the
discipline. Within ten(10)working days after the receipt of the written appeal,the Department
Director or the designee shall issue a decision.
Step 2. If the grievance is not resolved at Step 1,the employee may, within ten(10) working
days from receipt by the employee of the written decision of the appropriate Department Director
or designee, submit the grievance as follows:
■ The employee may appeal a termination, demotion, or disciplinary transfer to the
Employee Appeals Board. Employee must file his or her appeal in the Office of the City
Recorder within the time required. The Employee Appeals Board shall hear the matter and
issue a recommendation to the Mayor either affirming or reversing the Department
Director or the designee's decision pursuant to section 10-3-1106 of the Utah Code
Annotated. Along with the recommendation of the Employee Appeals Board,the
aggrieved employee may request the Mayor to modify the discipline. The Mayor shall •
consider the determination of the Employee Appeals Board and any requests from the
36
aggrieved employee and make a decision. The decision of the Mayor shall be final and
binding on the aggrieved employee,the UNION and the CITY.
■ The employee may appeal a suspension without pay or a denial of a merit increase to an
independent Hearing Officer. The CITY and the UNION shall mutually agree on the
selection of the Hearing Officer. The CITY and the UNION agree that in most cases the
independent hearing officer will be an elected or appointed member of the Employee
Appeals Board. The decision of the Hearing Officer shall be final and binding on the
aggrieved employee, the UNION and the CITY.
The time limitations established herein are of the essence. The CITY and the UNION or the
aggrieved employee may mutually agree to extend the time limits in writing.
B. CONTRACTUAL GRIEVANCE
A contractual grievance is an allegation by the UNION that the CITY has violated an express
provision of this MEMORANDUM,provided however that Articles I, II, III,XXX, XXXII, and
XXXIII shall not be subject to the grievance procedure. A contractual grievance shall be
confined exclusively to the interpretation and/or application of the express provisions of this
MEMORANDUM except for the articles described above. A contractual grievance shall not
include disciplinary grievances or claims that procedures relating to discipline were violated
since such disputes are covered by separate procedures above.
• The procedural steps for resolution of a contractual grievance shall be as follows:
Step 1. The UNION shall file a written grievance with the appropriate Department Director or
Department Director's designee within 10 working days after the event giving rise to the
grievance or 10 working days after the UNION should reasonably have learned of the event
giving rise to the grievance,whichever is later. The grievance shall state the relevant facts and
the specific provision or provisions the UNION claims the CITY violated. Within 10 working
days after receipt of the written appeal, the Department Director or designee shall answer the
grievance in writing.
Step 2. If the grievance is not settled at Step 1, the UNION may,within 10 working days after
receiving the written decision by the Department Director or designee,present the grievance to
the CITY's contract administrator for review and investigation. The CITY's contract
administrator shall submit a written decision to the Department Director and the UNION within
10 working days following receipt of the grievance. In this Step 2 the CITY's contract
administrator and the UNION may agree to use the services of a mediator to facilitate the
resolution of the grievance. Such decision to use mediation services must be made within 10
working days following the contract administrator's receipt of the grievance, and shall stay the
10 working days time requirement for the decision by the CITY's contract administrator. Prior
to use of mediation services the CITY's contract administrator and the UNION shall agree how
to share the cost, if any, of such services.
Once the UNION and the CITY's contract administrator agree to use mediation services, if either
• the UNION or the CITY's contract administrator informs the other party of their intent to cease
the use of mediation services,the CITY's contract administrator shall submit a written decision
37
to the Department Director and the UNION within 10 working days following receipt of the
grievance.
Step 3. If, after completion of steps 1 through 2, the grievance is not resolved, the UNION
within five (5)working days, may submit the contractual grievance to a Hearing Officer or
Arbitrator mutually selected by the UNION and the CITY. The hearing shall be conducted
within forty-five (45) calendar days of the filing of the grievance. The CITY and the UNION
may mutually agree, in writing, to extend these time limits. The decision of the Hearing Officer
or Arbitrator shall be final and binding. The jurisdiction and authority of the Hearing Officer or
Arbitrator shall be confined exclusively to the interpretation and/or application of the express
provisions of this Memorandum of Understanding at issue between the UNION and the CITY;
provided however, that the Hearing Officer or Arbitrator shall not have jurisdiction to interpret
or apply Articles I, II, III, XXX, XXXII, and XXXIII of this Memorandum of Understanding.
The Hearing Officer or Arbitrator shall have no authority to add to, detract from, alter, amend or
modify any provision of this Memorandum of Understanding, to impose on either party a
limitation or obligation not expressly provided for in this Memorandum of Understanding;or
establish or alter any wage or wage structure. The Hearing Officer or Arbitrator does not have
jurisdiction to require the CITY to make or incur expenditures or encumbrances in excess of line
item appropriations for the budget as adopted by the City Council. The Hearing Officer or
Arbitrator shall not hear or decide more than one grievance without the mutual consent of the
CITY and the UNION.
The Hearing Officer's or Arbitrator's fees and expenses,the cost of any hearing room and the
cost of a court reporter and of the original transcript shall be paid by the party not prevailing in •
the hearing. The Hearing Officer or Arbitrator shall designate the party not prevailing.
C. GRIEVANCES INVOLVING EEO COMPLAINTS
It is understood by the UNION and the CITY that an employee, who alleges that adverse action
was taken in violation of Federal and State EEO laws,may file a complaint directly with the
CITY's Government Compliance Manager and/or the Utah Anti-Discrimination Division. The
UNION, at its discretion,may raise concerns with appropriate CITY officials about possible
discrimination or harassment of employees.
D. JOB BIDS
The following procedures shall govern disputes relating to job bids of an employee into another
CITY position:
1. If an employee who is an unsuccessful candidate for a position has a dispute
concerning the job bid process,the employee shall notify the UNION's business agent of the
complaint within three(3)working days from the date the employee received notice from the
hiring Department that the employee was not selected for the position. The UNION business
agent shall notify the hiring Department's Director of the complaint within 48 hours after
receiving notice from the employee.
2. The UNION business agent shall confirm, in writing, the dispute of the unsuccessful 11111
candidate with the hiring Department's Director or designee within three working days from the
38
date the UNION business agent notified the Dep.'latent Director pursuant to paragraph G.1
• above.
3. The hiring Department Director shall advise the selected candidate that the position is
in dispute. The selected candidate shall not be precluded from working in the position.
4. The UNION business agent and the hiring Department Director or designee shall meet
to discuss the selection process within five(5)working days from the date the hiring Department
Director or designee was notified pursuant to paragraph 2 above. If the dispute is not resolved at
the meeting by the Department Director and the UNION business agent,the unsuccessful
candidate may appeal in writing within 48 hours after the meeting to the CITY's Labor Relations
Office for a hearing. The CITY's Labor Relations Office shall designate a hearing officer and a
hearing date within five working days from the date the CITY's Labor Relations Office received
the appeal from the unsuccessful candidate.
5. The hearing officer shall request briefs, documentation, and all other pertinent written
information prior to the hearing. Within two (2)working days after the hearing,the hearing
officer shall issue a determination. The CITY or the employee may appeal said decision to the
Mayor. The appeal must be submitted in writing to the Mayor within five (5)working days after
the hearing officer's decision. The decision of the Mayor shall be final and binding.
6. Upon mutual written agreement of the parties,the time limitations may be waived.
The procedure described herein shall affect only promotions and shall not alter or change the
• provisions of the grievance procedure under Article XXVII.
7. This process is exclusive for grievances involving a job bid and shall not be subject to
review by the Labor Management Committee.
ARTICLE XXVIII—PERSONNEL FILES
For the duration of this MEMORANDUM,all personnel files shall be handled as per the CITY's
Procedure titled"Personnel Records." Written disciplinary actions shall be received by CITY's
Division of Human Resource Management within 30 days of the issuance date. These
documents shall be date stamped at the time they are received by the Division of Human
Resource Management and maintained in a secure, centralized location. CITY agrees to notify
all employees no less than annually of their right to request a review of their files for purging
purposes in accordance with the CITY's "Personnel Records"Procedure.
ARTICLE XXIX—LIMITATION ON PROVISIONS
The provisions hereof shall be subject to the limitations, terms, and conditions of the CITY'S
Collective Bargaining Resolution.
ARTICLE XXX—STRIKES AND WORK STOPPAGES
. Continuous and uninterrupted service by the CITY and its employees to the citizens, and orderly
collective bargaining relations between the CITY and its employees being essential
39
considerations of this MEMORANDUM,the UNION agrees that none of the following acts shall
be engaged in or in any way approved of or encouraged by the UNION: •
1. A concerted absence, in whole or in part, by any group of employees from the full,
faithful and proper performance of their duties of employment for the purposes of inducing,
influencing, condoning, or coercing a change in the terms and conditions of employment,
including sick calls, sick outs, slow downs, or any other concerted interference with services
provided by the CITY, or
2. The collective concerted withholding of services or the performance of assigned duties
by any person pending the signing of a contract, including those persons who are customarily
employed on a yearly contract basis
In the event of a violation of this Article by employees, the CITY may, in addition to other
remedies, discipline such employees to include loss of seniority and discharge.
Employees shall not be entitled to any benefits or wages whatsoever while they are engaged in a
strike,work stoppage or other interruption of work as specified herein or otherwise.
ARTICLE XXXI—PERSONNEL POLICIES AND PROCEDURES
The CITY agrees to make available to the UNION copies of all personnel policies and
procedural directives, along with any changes in such personnel policies and procedures.
The CITY agrees to provide employees with one additional copy of written disciplinary actions
which the employee may elect to give to a UNION representative, and shall advise the employee
of such.
The CITY's Division of Human Resource Management shall provide the UNION's Business
Agent with semiannual reports of employer disciplinary actions,provided however that names
and other individually identifiable information is deleted.
ARTICLE XXXII—WAIVER CLAUSE
Except as provided for in Article XXXIII, Term of Agreement, hereof,the CITY and the UNION
expressly waive and relinquish the right and each agrees that the other shall not be obligated
during the term of this MEMORANDUM to bargain collectively with respect to any subject or
matter whether referred to or covered with the MEMORANDUM, even though each subject or
matter may not have been within knowledge or contemplation of either or both the CITY and the
UNION at the time they negotiated or executed this MEMORANDUM or even though such
subjects or matters were proposed and later withdrawn.
In the event laws are passed by the State or Nation which conflict with the provisions of this
MEMORANDUM relating to hours or wages, or other conditions of employment, the provisions
of this MEMORANDUM which are in conflict therewith may be reopened for negotiations
without affecting the remaining portions of this MEMORANDUM.
•
40
ARTICLE XXXIII—TERM OF AGREEMENT
• This MEMORANDUM shall remain in effect from July 1, 2003, through June 30, 2005,with the
following exceptions:
A. It is understood by the parties hereto that certain provisions of this MEMORANDUM
cannot be implemented by the CITY except upon public notice and hearing and compliance with
various statutory and legal requirements.
B. This MEMORANDUM supersedes the Memorandum of Understanding between the parties
effective July 1, 2002.
C. Both parties agree that this MEMORANDUM is contingent upon availability of funds and
approval by the City Council in accordance with paragraph 9, subparagraph (c) of the Third
Amended Labor Bargaining Resolution, Salt Lake City, Utah, April 10, 1984.
D. It is understood by the CITY and the UNION that if the City Council, in its adoption of the
CITY's final budget for fiscal year 2004-05, does not appropriate monies to fund all wages and
merit increases for either of those fiscal years, this MEMORANDUM shall be reopened within
ten(10) days after adoption of the fiscal year final budget. In any reopener, the parties'
negotiations shall be limited to wages.
E. The CITY and the UNION mutually agree to a limited reopener of this MEMORANDUM
for fiscal year 2004-05 if the following condition is met:
• The year-end percent change of the national Consumer Price Index for All Urban Consumers
(CPI-U) as reported by the U.S. Department of Labor, Bureau of Labor Statistics meets or
exceeds 4.5 percent for the time period of January 1, 2003,through December 31, 2003 (Dec.-
Dec.). This reopener will be exclusively limited to the negotiation of base pay for fiscal year
2004-05 of this MEMORANDUM. It is understood by both the CITY and the UNION that the
4.5 percent number cited in this paragraph is used as a triggering mechanism only and not a goal
should negotiations take place.
F. The UNION represents that it has not: (1)provided an illegal gift or payoff to an CITY
officer or employee or former CITY officer or employee, or his or her relative or business entity;
(2)retained any person to solicit or secure this MEMORANDUM 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 CITY's conflict of interest
ordinance, Chapter 2.44, Salt Lake City Code; or(4)knowingly influences, and hereby promises
that it will not knowingly influence, a CITY officer or employee or former CITY officer or
employee to breach any of the ethical standards set forth in the CITY's conflict of interest
ordinance, Chapter 2.44, SALT LAKE CITY CODE.
1111
41
IN WITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and year
first above written. 1111
SALT LAKE CITY CORPORATION
By:
ROSS C. ANDERSON
Mayor
ATTEST:
CHIEF DEPUTY CITY RECORDER
LOCAL 1004 OF THE AMERICAN
FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES,AFL-CIO
By: •
PATTY RICH
Executive Director
•
42
MEMBER AFSCME NEGOTIATION
• COMMITTEE
(Signature)
(Print Name)
MEMBER AFSCME NEGOTIATION
COMMITTEE
(Signature)
(Print Name)
STATE OF UTAH )
: ss
COUNTY OF SALT LAKE )
• On the day of June 2003,personally appeared before me PATTY RICH,who being by
me duly sworn, did say that she is the Executive Director of the AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL EMPLOYEES Local 1004 and
and ,who being duly sworn, did say that they are the members of the
board of such UNION, that both such persons executed the foregoing instrument on behalf of
said UNION by authority of the Board of Directors of the UNION and that said instrument has
been duly ratified and approved by the membership of said UNION and that their execution
hereof constitutes as valid and binding acting on behalf of said UNION and its membership.
NOTARY PUBLIC, residing in
Salt Lake County, Utah
My Commission Expires:
111
43
APPENDIX A-200 SERIES HOURLY PAY SCHEDULE
Effective June 22,2003,through June 19, 2004 •
Step/
Grade A BCD E -F G H I " J
201 $6.82 $7.05 $7.28 $7.55 $7.80 $8.09 $8.38 $8.66 $9.00 $9.32
202 $7.03 $7.29 $7.52 $7.78 $8.06 $8.34 $8.65 $8.95 $9.27 $9.60
203 $7.24 $7.51 $7.77 $8.05 $8.32 $8.62 $8.95 $9.25 $9.59 $9.93
204 $7.49 $7.74 $8.01 $8.30 $8.61 $8.90 $9.21 $9.56 $9.91 $10.27
205 $7.73 $8.00 $8.28 $8.58 $8.88 $9.20 $9.54 $9.89 $10.26 $10.64
206 $7.97 $8.26 $8.55 $8.86 $9.17 $9.51 $9.87 $10.21 $10.59 $10.99
207 $8.24 $8.54 $8.84 $9.15 $9.49 $9.83 $10.19 $10.58 $10.97 $11.36
208 $8.51 $8.82 $9.12 $9.45 $9.81 $10.15 $10.53 $10.92 $11.32 $11.74
209 $8.78 $9.10 $9.43 $9.75 $10.13 $10.49 $10.87 $11.30 $11.70 $12.14
210 $9.06 $9.40 $9.74 $10.09 $10.47 $10.85 $11.24 $11.69 $12.12 $12.57
211 $9.36 $9.70 $10.06 $10.43 $10.81 $11.20 $11.62 $12.07 $12.51 $12.79
212 $9.68 $10.04 $10.41 $10.79 $11.20 $11.60 $12.04 $12.49 $12.96 $13.44
213 $10.01 $10.37 $10.74 $11.15 $11.57 $12.00 $12.44 $12.93 $13.40 $13.93
214 $10.35 $10.73 $11.14 $11.57 $12.01 $12.46 $12.95 $13.44 $13.98 $14.53
215 $10.69 $11.09 $11.52 $11.95 $12.41 $12.89 $13.39 $13.92 $14.47 $15.02
216 $11.06 $11.49 $11.92 $12.39 $12.85 $13.37 $13.88 $14.43 $14.98 $15.58
217 $11.44 $11.88 $12.33 $12.82 $13.32 $13.81 $14.36 $14.91 $15.52 $16.13
218 $11.83 $12.28 $12.77 $13.25 $13.77 $14.31 $14.86 $15.45 $16.07 $16.69 •
219 $12.24 $12.71 $13.20 $13.72 $14.25 $14.81 $15.39 $15.99 $16.62 $17.27
220 $12.66 $13.16 $13.66 $14.21 $14.76 $15.34 $15.94 $16.57 $17.23 $17.92
221 $13.10 $13.66 $14.22 $14.81 $15.44 $16.11 $16.78 $17.51 $18.25 $19.04
222 $13.55 $14.11 $14.71 $15.34 $15.98 $16.67 $17.39 $18.11 $18.90 $19.71
223 $14.03 $14.62 $15.25 $15.89 $16.57 $17.27 $18.01 $18.78 $19.59 $20.44
224 $14.52 $15.14 $15.78 $16.45 $17.15 $17.87 $18.65 $19.47 $20.30 $21.18
225 $15.04 $15.68 $16.34 $17.04 $17.77 $18.53 $19.32 $20.16 $21.03 $21.94
•
44
APPENDIX A-1-200 SERIES APPROXIMATE MONTHLY
• EQUIVALENT PAY SCHEDULE
Effective June 22, 2003 through June 19,2004
Step! .
Grade_ A BCDE: F GHI J
201 $1,182 $1,222 $1,263 $1,308 $1,352 $1,402 $1,453 $1,501 $1,560 $1,615
202 $1,219 $1,264 $1,303 $1,349 $1,397 $1,446 $1,499 $1,551 $1,607 $1,664
203 $1,255 $1,301 $1,347 $1,395 $1,442 $1,494 $1,551 $1,604 $1,662 $1,721
204 $1,297 $1,341 $1,389 $1,439 $1,492 $1,543 $1,596 $1,657 $1,718 $1,780
205 $1,340 $1,387 $1,435 $1,486 $1,540 $1,595 $1,653 $1,714 $1,778 $1,844
206 $1,382 $1,431 $1,483 $1,536 $1,589 $1,648 $1,710 $1,769 $1,835 $1,905
207 $1,428 $1,481 $1,532 $1,585 $1,644 $1,705 $1,767 $1,833 $1,901 $1,969
208 $1,475 $1,529 $1,580 $1,639 $1,701 $1,760 $1,826 $1,894 $1,962 $2,035
209 $1,521 $1,578 $1,635 $1,690 $1,756 $1,818 $1,884 $1,958 $2,028 $2,105
210 $1,571 $1,629 $1,688 $1,749 $1,815 $1,881 $1,949 $2,026 $2,101 $2,178
211 $1,622 $1,681 $1,743 $1,807 $1,873 $1,941 $2,015 $2,092 $2,169 $2,216
212 $1,677 $1,740 $1,804 $1,870 $1,941 $2,011 $2,086 $2,165 $2,246 $2,330
213 $1,736 $1,798 $1,862 $1,932 $2,006 $2,081 $2,156 $2,240 $2,323 $2,415
214 $1,795 $1,861 $1,930 $2,006 $2,083 $2,160 $2,244 $2,330 $2,424 $2,519
215 $1,853 $1,923 $1,996 $2,072 $2,150 $2,235 $2,321 $2,413 $2,508 $2,604
• 216 $1,917 $1,991 $2,066 $2,147 $2,228 $2,317 $2,405 $2,501 $2,596 $2,701
217 $1,984 $2,059 $2,138 $2,222 $2,308 $2,394 $2,490 $2,585 $2,690 $2,796
218 $2,051 $2,128 $2,213 $2,297 $2,387 $2,481 $2,576 $2,679 $2,785 $2,893
219 $2,121 $2,204 $2,288 $2,378 $2,470 $2,567 $2,668 $2,772 $2,881 $2,994
220 $2,194 $2,281 _ $2,367 $2,462 $2,558 $2,659 $2,763 $2,871 $2,987 $3,106
221 $2,272 $2,367 $2,464 $2,567 $2,677 $2,793 $2,908 $3,035 $3,163 $3,301
222 $2,349 $2,446 $2,550 $2,659 $2,770 $2,890 $3,014 $3,139 $3,277 $3,416
223 $2,431 $2,534 $2,644 $2,754 $2,871 $2,994 $3,121 $3,255 $3,396 $3,543
224 $2,517 $2,624 $2,736 $2,851 $2,972 $3,097 $3,233 $3,374 $3,519 $3,671
225 $2,607 $2,717 $2,833 $2,954 $3,081 $3,213 $3,348 $3,495 $3,646 $3,803
•
45
APPENDIX A-2-100 SERIES PAY SCHEDULE
Effective June 22,2003,through June 19,2004 •
A B ,C". D E
V
c o ° ° oc oc oc o o
g ax ax g It=
ai a•
Step/ d C.
W d d W Cw
d W d d W d W
Grade
101 $8.86 $1,536 $9.27 $1,607 $9.70 $1,681 $10.10 $1,751 $10.60 $1,837
102 $9.10 $1,578 $9.55 $1,655 $9.98 $1,730 $10.41 $1,804 $10.90 $1,890
103 $9.36 $1,622 $9.81 $1,701 $10.49 $1,818 $10.69 $1,853 $11.20 $1,941
104 $9.63 $1,670 $10.09 $1,749 $10.54 $1,828 $11.01 $1,908 $11.54 $2,000
105 $9.90 $1,716 $10.37 $1,798 $10.85 $1,881 $11.31 $1,960 $11.86 $2,055
106 $10.16 $1,762 $10.68 $1,851 $11.16 $1,934 $11.62 $2,015 $12.19 $2,114
107 $10.44 $1,809 $10.94 $1,895 $11.45 $1,985 $11.93 $2,068 $12.52 $2,171
108 $10.77 $1,866 $11.30 $1,958 $11.80 $2,046 $12.33 $2,138 $12.94 $2,242
109 $11.07 $1,919 $11.61 $2,013 $12.16 $2,108 $12.68 $2,198 $13.32 $2,308
110 $11.39 $1,974 $11.95 $2,072 $12.53 $2,172 $13.07 $2,266 $13.72 $2,378
111 $11.74 $2,035 $12.30 $2,132 $12.89 $2,235 $13.44 $2,330 $14.10 $2,444
112 $12.07 $2,092 $12.66 $2,194 $13.26 $2,299 $13.84 $2,398 $14.54 $2,521 •
113 $12.40 $2,149 $13.02 $2,257 $13.66 $2,367 $14.25 $2,470 $14.95 $2,591
114 $12.79 $2,216 $13.42 $2,327 $14.05 $2,435 $14.67 $2,543 $15.41 $2,671
115 $13.15 $2,279 $13.81 $2,394 $14.47 $2,508 $15.09 $2,616 $15.87 $2,750
116 $13.54 $2,347 $14.23 $2,466 $14.90 $2,583 $15.56 $2,697 $16.34 $2,833
117 $13.94 $2,416 $14.64 $2,538 $15.35 $2,660 $16.02 $2,776 $16.84 $2,919
118 $14.35 $2,488 $15.08 $2,615 $15.80 $2,739 $16.50 $2,860 $17.35 $3,007
119 $14.80 $2,565 $15.54 $2,693 $16.29 $2,824 $17.02 $2,950 $17.89 $3,101
120 $15.22 $2,638 $15.99 $2,772 $16.77 $2,906 $17.51 $3,035 $18.40 $3,189
121 $15.64 $2,712 $16.45 $2,851 $17.27 $2,994 $18.04 $3,126 $18.96 $3,286
122 $16.13 $2,796 $16.96 $2,939 $17.77 $3,081 $18.57 $3,218 $19.53 $3,385
123 $16.62 $2,881 $17.45 $3,025 $18.32 $3,176 $19.15 $3,319 $20.13 $3,490
124 $17.11 $2,965 $17.99 $3,119 $18.87 $3,271 $19.71 $3,416 $20.72 $3,592
125 $17.63 $3,057 $18.54 $3,214 $19.45 $3,372 $20.32 $3,523 $21.38 $3,706
Advancement from step A to Step B and Step B to Step C is scheduled to occur at 6-month
intervals.
Advancement from Step C to Step D and Step D to Step E is scheduled to occur at 12-month
intervals.
46
APPENDIX B-200 SERIES HOURLY PAY SCHEDULE
• Effective June 20,2004, through June 30,2005
Step%.
Grade A B C . D E F G .H , I -- J .
201 $6.99 $7.23 $7.47 $7.74 $8.00 $8.29 $8.60 $8.88 $9.22 $9.55
202 $7.21 $7.48 $7.71 $7.98 $8.26 $8.55 $8.87 $9.17 $9.51 $9.84
203 $7.42 $7.70 $7.97 $8.25 $8.53 $8.83 $9.17 $9.49 $9.83 $10.18
204 $7.67 $7.93 $8.22 $8.51 $8.82 $9.13 $9.44 $9.80 $10.16 $10.53
205 $7.92 $8.21 $8.49 $8.79 $9.11 $9.43 $9.78 $10.14 $10.52 $10.91
206 $8.17 $8.47 $8.77 $9.08 $9.40 $9.75 $10.11 $10.46 $10.85 $11.26
207 $8.44 $8.76 $9.06 $9.38 $9.72 $10.08 $10.45 $10.84 $11.24 $11.64
208 $8.73 $9.04 $9.34 $9.69 $10.06 $10.41 $10.80 $11.20 $11.60 $12.03
209 $9.00 $9.33 $9.67 $10.00 $10.39 $10.75 $11.14 $11.58 $11.99 $12.45
210 $9.29 $9.64 $9.98 $10.34 $10.73 $11.12 $11.52 $11.98 $12.43 $12.88
211 $9.59 $9.94 $10.31 $10.69 $11.08 $11.48 $11.92 $12.37 $12.83 $13.11
212 $9.92 $10.29 $10.67 $11.06 $11.48 $11.89 $12.34 $12.80 $13.28 $13.78
213 $10.27 $10.64 $11.01 $11.43 $11.86 $12.31 $12.75 $13.25 $13.74 $14.28
214 $10.61 $11.00 $11.42 $11.86 $12.32 $12.77 $13.27 $13.78 $14.33 $14.90
215 $10.96 $11.37 $11.81 $12.25 $12.72 $13.22 $13.73 $14.27 $14.83 $15.40
216 $11.34 $11.77 $12.22 $12.70 $13.17 $13.71 $14.23 $14.79 $15.35 $15.97
S 217 $11.73 $12.18 $12.64 $13.14 $13.65 $14.16 $14.72 $15.29 $15.91 $16.54
218 $12.13 $12.59 $13.09 $13.59 $14.12 $14.67 $15.23 $15.84 $16.47 $17.11
219 $12.54 $13.03 $13.53 $14.06 $14.61 $15.18 $15.78 $16.40 $17.04 $17.71
220 $12.98 $13.49 $14.00 $14.56 $15.13 $15.72 $16.34 $16.98 $17.66 $18.37
221 $13.43 $14.00 $14.57 $15.18 $15.83 $16.51 $17.20 $17.95 $18.71 $19.52
222 $13.89 $14.46 $15.08 $15.72 $16.38 $17.09 $17.83 $18.56 $19.38 $20.20
223 $14.38 $14.99 $15.64 $16.29 $16.98 $17.71 $18.46 $19.25 $20.08 $20.95
224 $14.89 $15.52 $16.18 $16.86 $17.58 $18.32 $19.12 $19.95 $20.81 $21.71
225 $15.42 $16.07 $16.75 $17.47 $18.22 $19.00 $19.80 $20.67 $21.56 $22.49
•
47
APPENDIX B-1-200 SERIES APPROXIMATE MONTHLY
EQUIVALENT PAY SCHEDULE •
Effective June 20, 2004,through June 30, 2005
Step/
Grade A ` B.: CDE F :G;- 1I I J
201 $1,212 $1,253 $1,294 $1,341 $1,387 $1,437 $1,490 $1,539 $1,599 $1,655
202 $1,249 $1,296 $1,336 $1,383 $1,432 $1,482 $1,537 $1,590 $1,648 $1,706
203 $1,287 $1,334 $1,381 $1,430 $1,479 $1,531 $1,590 $1,644 $1,704 $1,764
204 $1,330 $1,375 $1,424 $1,475 $1,529 $1,582 $1,637 $1,699 $1,761 $1,825
205 $1,373 $1,422 $1,471 $1,524 $1,578 $1,635 $1,695 $1,757 $1,823 $1,890
206 $1,417 $1,467 $1,520 $1,575 $1,629 $1,689 $1,753 $1,813 $1,881 $1,952
207 $1,464 $1,518 $1,571 $1,625 $1,685 $1,748 $1,811 $1,879 $1,949 $2,018
208 $1,512 $1,567 $1,620 $1,680 $1,744 $1,804 $1,872 $1,941 $2,011 $2,086
209 $1,559 $1,618 $1,676 $1,732 $1,800 $1,864 $1,932 $2,007 $2,078 $2,157
210 $1,610 $1,670 $1,731 $1,793 $1,860 $1,928 $1,998 $2,077 $2,154 $2,233
211 $1,663 $1,723 $1,787 $1,853 $1,921 $1,990 $2,065 $2,144 $2,223 $2,272
212 $1,719 $1,783 $1,849 $1,917 $1,990 $2,062 $2,139 $2,219 $2,302 $2,389
213 $1,779 $1,843 $1,909 $1,981 $2,056 $2,133 $2,210 $2,297 $2,381 $2,475
214 $1,840 $1,907 $1,979 $2,056 $2,135 $2,214 $2,300 $2,389 $2,485 $2,582
215 $1,900 $1,971 $2,046 $2,124 $2,204 $2,291 $2,379 $2,473 $2,571 $2,669
216 $1,966 $2,041 $2,118 $2,201 $2,283 $2,376 $2,466 $2,564 $2,661 $2,769 .
217 $2,033 $2,110 $2,191 $2,278 $2,366 $2,455 $2,552 $2,650 $2,757 $2,866
218 $2,103 $2,182 $2,268 $2,355 $2,447 $2,543 $2,641 $2,746 $2,855 $2,966
219 $2,174 $2,259 $2,345 $2,438 $2,532 $2,631 $2,735 $2,842 $2,953 $3,069
220 $2,250 $2,338 $2,426 $2,524 $2,622 $2,725 $2,832 $2,943 $3,062 $3,184
221 $2,329 $2,426 $2,526 $2,631 $2,744 $2,863 $2,981 $3,111 $3,242 $3,383
222 $2,408 $2,507 $2,614 $2,725 $2,840 $2,962 $3,090 $3,218 $3,359 $3,502
223 $2,492 $2,597 $2,710 $2,823 $2,943 $3,069 $3,199 $3,336 $3,481 $3,632
224 $2,580 $2,690 $2,804 $2,923 $3,047 $3,175 $3,314 $3,459 $3,607 $3,763
225 $2,673 $2,785 $2,904 $3,028 $3,158 $3,293 $3,432 $3,583 $3,737 $3,899
ID
48
APPENDIX B-2-100 SERIES PAY SCHEDULE
• Effective June 20,2004, through June 30, 2005
A B C . D E .
.N �, a; a.)rt I .N a.) a.) N a� a�
. .- .- - .- .- - .- .- ^; .- .s
E o o E o o .� g o g .2 g o g .� g
ax a t.x a a� ax a a. ax s. a a.x a a.
stew d W d d W d d W d d W d d w
Grade.
101 $9.08 $1,575 $9.51 $1,648 $9.94 $1,723 $10.35 $1,795 $10.86 $1,883
102 $9.33 $1,618 $9.79 $1,697 $10.23 $1,774 $10.67 $1,849 $11.18 $1,937
103 $9.59 $1,663 $10.06 $1,744 $10.75 $1,864 $10.96 $1,900 $11.48 $1,990
104 $9.88 $1,712 $10.34 $1,793 $10.81 $1,874 $11.29 $1,956 $11.83 $2,050
105 $10.15 $1,759 $10.64 $1,843 $11.12 $1,928 $11.59 $2,009 $12.15 $2,107
106 $10.42 $1,806 $10.95 $1,898 $11.44 $1,983 $11.92 $2,065 $12.50 $2,167
107 $10.70 $1,855 $11.21 $1,943 $11.74 $2,035 $12.23 $2,120 $12.84 $2,225
108 $11.04 $1,913 $11.58 $2,007 $12.10 $2,097 $12.64 $2,191 $13.26 $2,298
109 $11.35 $1,968 $11.90 $2,063 $12.47 $2,161 $13.00 $2,253 $13.65 $2,366
110 $11.68 $2,024 $12.25 $2,124 $12.85 $2,227 $13.40 $2,323 $14.06 $2,438
111 $12.03 $2,086 $12.61 $2,186 $13.22 $2,291 $13.78 $2,389 $14.45 $2,505
• 112 $12.37 $2,144 $12.98 $2,250 $13.60 $2,357 $14.18 $2,458 $14.91 $2,584
113 $12.71 $2,203 $13.35 $2,313 $14.00 $2,426 $14.61 $2,532 $15.32 $2,656
114 $13.11 $2,272 $13.76 $2,385 $14.40 $2,496 $15.04 $2,607 $15.80 $2,738
115 $13.48 $2,336 $14.16 $2,455 $14.83 $2,571 $15.47 $2,682 $16.27 $2,819
116 $13.88 $2,406 $14.58 $2,528 $15.28 $2,648 $15.95 $2,765 $16.75 $2,904
117 $14.29 $2,477 $15.01 $2,601 $15.73 $2,727 $16.42 $2,846 $17.26 $2,992
118 $14.71 $2,550 $15.46 $2,680 $16.20 $2,808 $16.92 $2,932 $17.78 $3,083
119 $15.17 $2,629 $15.93 $2,761 $16.70 $2,895 $17.45 $3,024 $18.34 $3,178
120 $15.60 $2,705 $16.40 $2,842 $17.19 $2,979 $17.95 $3,111 $18.86 $3,269
121 $16.04 $2,780 $16.86 $2,923 $17.71 $3,069 $18.49 $3,205 $19.43 $3,368
122 $16.54 $2,866 $17.38 $3,013 $18.22 $3,158 $19.03 $3,299 $20.02 $3,470
123 $17.04 $2,953 $17.89 $3,101 $18.78 $3,256 $19.63 $3,402 $20.64 $3,577
124 $17.53 $3,039 $18.45 $3,197 $19.35 $3,353 $20.20 $3,502 $21.24 $3,682
125 $18.08 $3,133 $19.01 $3,295 $19.94 $3,457 $20.83 $3,611 $21.92 $3,799
Advancement from Step A to Step B and Step B to Step C is scheduled to occur at 6-month
intervals.
Advancement from Step C to Step D and Step D to Step E is scheduled to occur at 12-month
intervals.
•
49
APPENDIX C—FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07
Note: The following City policy was in effect on the date of this plan's adoption. It is included •
here for information of employees. The City's FMLA policy may change during the term of this
plan. Also,portions of the policy may be determined invalid by the courts. The City and its
employees will comply with the Family Medical Leave Act, as defined in applicable law or
regulation, and as interpreted by the courts. The inclusion of the City's policy in this plan is not
intended to and does not create substantive rights for employees.
SALT LAKE CITY POLICY MANUAL
FAMILY AND MEDICAL LEAVE ACT POLICY 3.01.07
GENERAL PURPOSE: To explain the circumstances under which eligible employees may take
up to 12 weeks of unpaid,job-protected leave per 12 month period for certain family and
medical reasons.
I. THE FAMILY AND MEDICAL LEAVE ACT("FMLA") IS A FEDERAL LAW
A. Entitles eligible employees to job protected, unpaid leave for up to 12 weeks per
qualifying 12 month period for certain qualifying events and health conditions
B. Provides for continuation of group health plan benefits during FMLA leave
C. Restores the employee to the same or an equivalent job upon return to work
D. Protects the employee from discrimination as a result of taking FMLA leave
II. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN
A. The birth or adoption of a child; •
B. Placement of a foster child in the employee's home;
C. A serious health condition of the employee; or
D. The care for a spouse, child, or parent with a serious health condition.
III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY
A. A husband and wife who are eligible for FMLA leave and are both employed by the
City are limited to a combined total of 12 weeks of leave during the 12 month period
if the leave is taken:
1. for the birth of a child or to care for the child after the birth;
2. for the placement of a child with the employee for adoption or foster care, or to
care for the child after placement; or
3. to care for the employee's parent with a serious health condition.
B. Where the husband and wife both use a portion of the total 12 week FMLA leave
entitlement for one of the purposes set forth in IIIA, above,the husband and wife
each are entitled to the difference between the amount he/she has taken individually
and 12 weeks for FMLA leave for a qualifying event other than those identified in
IIIA.
IV. EMPLOYEE ELIGIBILITY
To be eligible for FMLA leave, the employee must be:
A. employed by the City for at least 12 months and
B. employed by the City for a minimum of 1250 compensable work hours as determined
under the Fair Labor Standards Act during the 12 month period immediately
preceding the commencement of the leave. •
50
V. 12 MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN
• The 12 month period during which the 12 weeks of FMLA leave can be taken is
measured forward from the date the employee's first FMLA leave begins.
VI. EMPLOYEE RESPONSIBILITIES
An employee will:
A. Provide notice to his/her supervisor of the need for leave:
1. for leave that is foreseeable—at least 30 days in advance;
2. for leave that is unforeseeable—as soon as is practicable.
B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced
leave schedule basis.
C. Provide medical certification for leave taken as a result of a serious health condition
of the employee or of a serious health condition of the employee's spouse,parent, or
child, if requested by the City's designee.
1. Failure by the employee to comply with the certification requirements may result
in a delay in the start of FMLA leave, a delay in the restoration of the employee to
his/her position, or unprotected leave status.
D. Comply with arrangements to pay the employee-paid portion of the group health plan
benefit premiums (See Section XI).
E. Periodically advise his/her supervisor, at least every 30 days, of his/her condition,or
the condition of his/her spouse, child or parent, and the intent to return to work at the
conclusion of leave.
F. Notify his/her supervisor of any changes in the circumstances for which leave is
being taken.
• G. Provide his/her supervisor with a fitness for duty certification if required by his/her
supervisor,timekeeper, or HR consultant upon the employee's return to work
following the employee's serious health condition.
VII. THE CITY'S RESPONSIBILITIES
As the employer, the City, through its designees, will:
A. Maintain coverage of group health plan benefits at the level and under the conditions
coverage would have been provided if the employee had continued in employment
without utilizing FMLA leave.
B. Determine and notify the employee whether the leave will be counted against the
employee's FMLA leave entitlement.
C. Provide the requirements for furnishing medical certification for a serious health
condition of the employee or for the serious health condition of a parent, child, or
spouse of the employee and the consequences for failing to do so;
D. Notify the employee of the requirement to substitute paid leave for the FMLA leave.
E. Notify the employee of the requirements for making the employee-paid portion of
group health plan benefit premium payments and the consequences for failing to
make timely payments.
F. Notify the employee of the requirements to submit a fitness for duty certificate to be
restored to employment.
G. Notify the employee of his/her status as a"key employee,"if applicable(See, XIID).
H. Notify the employee of his/her right to return to his/her position or an equivalent
position when leave is completed.
•
51
I. Notify the employee of his/her potential liability to reimburse the City for the
employer-paid group health plan benefit premium payments made while the •
employee is on unpaid FMLA leave,if the employee fails to return to work after the
FMLA leave.
VIII. MEDICAL CERTIFICATION
A. The City will require medical certification of any serious health condition of the
employee or of the serious health condition of the employee's spouse,parent, or
child.
B. If the leave is foreseeable, the employee should provide the medical certification prior
to taking the leave.
C. If the leave is not foreseeable, the employee shall provide medical certification within
15 days after being requested to do so by the City's designee.
D. An employee on approved FMLA leave will be required to inform his/her supervisor
every 30 days regarding his/her status and intent to return to work upon the
conclusion of the leave (See, also, Section VI E).
E. The City reserves its right to require, at its own expense, second and third medical
opinions, as specified by the FMLA.
IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA LEAVE
The City requires all employees utilizing FMLA leave to exhaust their paid leave
allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined by
the employee's contract or compensation plan.
A. FMLA leave for qualifying events, other than the serious health condition of the
employee
1. Plan A •
a) paid leave comes first from dependent leave, in the amount allowed in the
contract/compensation plan.
b) the remaining leave comes from the employee's vacation time.
2. Plan B
a) either personal leave time and/or vacation time can be used
b) severance account hours can be used in the same manner as sick leave hours
are allowed under Plan A.
B. FMLA leave for the serious health condition of the employee
1. Plan A
a) paid leave comes first from hospital leave (when appropriate);
b) followed by all sick leave
c) followed by vacation time
2. Plan B
a) paid leave will be provided when appropriate from the Short Term Disability
Insurance Program
b) personal leave, severance account hours, and vacation time will
then be utilized in that order.
C. Compensatory time may be used for an FMLA reason but any period of leave paid
from the employee's accrued compensatory time account will not be counted against
the employee's FMLA leave entitlement.
D. Leave taken for a serious health condition covered under Workers' Compensation
will be counted towards an employee's FMLA entitlement. Accrued paid leave may •
52
be used at the same time the employee is collecting a Workers' Compensation benefit
• only to the extent that it allows the employee to collect 100 percent of his/her net
salary.
X. INTERMITTENT LEAVE
A. Leave may be taken intermittently or on a reduced leave schedule when medically
necessary for medical treatment of a serious health condition, for recovery from such
treatment or from the serious health condition, or when the serious health condition of
a spouse,parent or child of the employee requires intermittent treatment and requires
the employee's care and/or involvement in the treatment and or the care of the parent,
child, or spouse.
1. When the need for intermittent or reduced schedule FMLA leave is foreseeable,
the employee must make reasonable attempts to arrange the schedule of the leave
so as not to unduly disrupt the City's operations.
B. The employee taking intermittent leave under the FMLA may be required to transfer
temporarily to an available alternative position for which the employee is qualified.
The alternative position must have equivalent pay and benefits and better
accommodate recurring periods of leave than the employee's regular position. FMLA
leave taken for the birth or adoption of a child or for the placement of a foster child in
the employee's home cannot be taken on an intermittent or reduced leave schedule.
XI. BENEFITS WHILE ON FMLA LEAVE
A. For the duration of FMLA leave, the City will pay the City-paid portion of the
premiums for group health plan benefit coverage, which includes medical insurance
coverage, Basic Employee Term Life Insurance, and Short Term Disability Insurance,
• subject to Section XIA3.
1. While on FMLA leave utilizing paid leave,the employee-paid portion of the
group health plan benefit premiums are deducted from employee's check as usual.
2. When FMLA leave is unpaid, the employee must contact the Benefits Section of
Human Resources (535-7900)to make arrangements to pay the employee portion
of the insurance premiums. The employee and employer will agree in writing as
to the way the employee-paid portion of the group health benefit plan premium
payments will be paid,under the four allowable options:
a) Payment would be due at the same time as it would be made if by payroll
deduction;
b) Payment would be due on the same schedule as payments are made under
COBRA;
c) Payment would be prepaid pursuant to a cafeteria plan at the employee's
option; or
d) Prepayment of the employee-paid portion of the group benefit plan premiums
through increased payroll deductions before the leave is taken, when the need
for unpaid FMLA leave is foreseeable, or payment of the employee-paid
portion of the group benefit plan premiums through increased deductions after
the employee returns to work following unpaid FMLA leave when the need
for unpaid FMLA leave is not foreseeable.
3. If the employee-paid portion of the group health plan benefit premium is more
than 30 days late, the City's obligation to maintain group health plan insurance
coverage will cease.
53
a) The City, through its designee,will provide written notice at least 15 days
prior to the date coverage will be cancelled that payment has not been •
received.
b) The employee will have 15 days after the date of notification, or 30 days from
the date the premium was due,whichever is greater, to make the required
premium payment(s).
c) If the employee fails to pay his/her portion of the group health plan benefit
premium(s),the employee will lose his/her group health plan benefit
coverage.
B. The City is not responsible for maintaining non-health care related benefits paid
directly by the employee through voluntary deductions (dental, supplemental, and
dependent life insurance, accident insurance plans, or LTD). It is the employee's
responsibility to make arrangements through the Benefits Section of Human
Resources(535-7900) for the payment of those benefit premiums when on unpaid
FMLA leave.
C. If an employee fails to return to work after unpaid FMLA leave has ended, the
employee shall reimburse the City all City-paid group health plan benefit premiums it
paid on behalf of the employee unless the failure to return from leave is due to:
1. the continuation,recurrence, or onset of a serious health condition of the
employee or the employee's family member which would otherwise entitle the
employee to leave under FMLA;
2. other circumstances beyond the employee's control.
D. An employee is considered to have returned to work following FMLA leave if he/she •
returns for at least 30 calendar days.
E. An employee's seniority will not be interrupted if the employee utilizes paid leave
while on FMLA leave. Once paid leave is exhausted, no seniority or pension credit
will be accumulated for the unpaid FMLA leave time. Upon return from unpaid leave
the employee's seniority will continue where the accumulation left off.
XII. RETURN TO WORK AFTER FMLA LEAVE
A. Upon return to work following FMLA leave, the employee must provide a medical
certification of the employee's fitness to return to work if the FMLA leave was taken
for the employee's own serious health condition.
B. If the employee fails to provide a fitness certificate after being notified by the City of
the need for the certificate, the City, through its designee,may delay the employee's
return to work until the fitness certificate is provided.
C. An employee will be returned to his/her job or an equivalent job with equivalent pay,
benefits, and working conditions, if the original job is not available.
D. Key employees that earn salaries in the top ten percent of Salt Lake City
Corporation's workforce and whose return would cause"substantial and grievous
economic injury"or hardship to the City's operations may not be reinstated.
E. The City may take any personnel action/decision that would have happened if the
employee had continued to work while the employee is on FMLA leave.
Effective Date: March 29, 2000
•
54
2n3
• SALT LAKE CITY ORDINANCE
No. of 2003
(Appropriating necessary funds to implement,for fiscal year 2003-2004,
the provisions of the Memorandum of Understanding between
Salt Lake City Corporation and Local 1004 of the
American Federation of State,County and Municipal Employees
(AFSCME),representing the"100 Series"City Employees)
AN ORDINANCE APPROPRIATING NECESSARY FUNDS TO
IMPLEMENT,FOR FISCAL YEAR 2003-2004,THE PROVISIONS OF THE
MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY
CORPORATION AND LOCAL 1004 OF THE AMERICAN FEDERATION OF
STATE,COUNTY AND MUNICIPAL EMPLOYEES(AFSCME), REPRESENTING
THE"100 SERIES"CITY EMPLOYEES,DATED ON OR ABOUT JULY 1,2002.
PREAMBLE
•
The City Council,in Salt Lake City Ordinance No.31 of 2002,approved a
Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of
the American Federation of State,County and Municipal Employees(AFSCME),as the
certified bargaining representative for the"100 Series"City employees. The
Memorandum of Understanding is a three year agreement. The City Council appropriated
necessary funds required to implement the provisions of the Memorandum of
Understanding for fiscal year 2002-2003. For Fiscal years 2003-2004 and 2004-2005,the
Memorandum of Understanding is subject to appropriation of funds by the City Council.
The City Council,therefore,wishes to appropriate funds to implement the provisions of
the Memorandum of Understanding for fiscal year 2003-2004.
• Be it ordained by the City Council of Salt Lake City.Utah:
SECTION 1. PURPOSE. The purpose of this ordinance is to appropriate
necessary funds to implement, for fiscal year 2003-2004, the provisions of a •
Memorandum of Understanding approved by the City Council in Salt Lake City
Ordinance No. 31 of 2002 between Salt Lake City Corporation and Local 1004 of the
American Federation of State, County and Municipal Employees (AFSCME),
as the certified bargaining representative for the "100 Series" employees.
SECTION 2. APPROPRIATION. The City Council hereby appropriates
necessary funds to implement, for fiscal year 2003-2004, the provisions of the
Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of
the American Federation of State, County and Municipal Employees (AFSCME),
representing the"100 Series" employees as approved by the City Council in Salt Lake
City Ordinance No. 31 of 2002.
1110
SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby
authorized to act in accordance with the terms and conditions of the attached
Memorandum of Understanding between the City and Local 1004 of the American
Federation of State, County and Municipal Employees (AFSCME).
SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
•
2
•
• ATTEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
•
CHIEF DEPUTY CITY RECORDER
29-03
Al4A".-,
(SEAL)
Bill No. of 2003.
Published:
G\Ot dinance 03\BudgenAppropriate funds for 100 series doc
•
3
APR 2 9 2003
• SALT LAKE CITY ORDINANCE
No. of 2003
(Appropriating necessary funds to implement, for fiscal year 2003-2004,
the provisions of the Memorandum of Understanding between
Salt Lake City Corporation and Local 1004 of the
American Federation of State, County and Municipal Employees
(AFSCME), representing the "200 Series" City Employees)
AN ORDINANCE APPROPRIATING NECESSARY FUNDS TO
IMPLEMENT, FOR FISCAL YEAR 2003-2004, THE PROVISIONS OF THE
MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY
CORPORATION AND LOCAL 1004 OF THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), REPRESENTING
THE "200 SERIES" CITY EMPLOYEES, DATED ON OR ABOUT JULY 1, 2002.
PREAMBLE
The City Council, in Salt Lake City Ordinance No. 32 of 2002, approved a
Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of
the American Federation of State, County and Municipal Employees (AFSCME), as the
certified bargaining representative for the"200 Series" City employees. The
Memorandum of Understanding is a three year agreement. The City Council appropriated
necessary funds required to implement the provisions of the Memorandum of
Understanding for fiscal year 2002-2003. For fiscal years 2003-2004 and 2004-2005, the
Memorandum of Understanding is subject to appropriation of funds by the City Council.
The City Council, therefore, wishes to appropriate funds to implement the provisions of
the Memorandum of Understanding for fiscal year 2003-2004.
• Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this ordinance is to appropriate
necessary funds to implement, for fiscal year 2003-2004, the provisions of a •
Memorandum of Understanding approved by the City Council in Salt Lake City
Ordinance No. 32 of 2002 between Salt Lake City Corporation and Local 1004 of the
American Federation of State, County and Municipal Employees (AFSCME),
as the certified bargaining representative for the "200 Series" employees.
SECTION 2. APPROPRIATION. The City Council hereby appropriates
necessary funds to implement, for fiscal year 2003-2004, the provisions of the
Memorandum of Understanding between Salt Lake City Corporation and Local 1004 of
the American Federation of State, County and Municipal Employees (AFSCME),
representing the"200 Series" employees as approved by the City Council in Salt Lake
City Ordinance No. 32 of 2002.
•
SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby
authorized to act in accordance with the terms and conditions of the attached
Memorandum of Understanding between the City and Local 1004 of the American
Federation of State, County and Municipal Employees (AFSCME).
SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
•
2
• ATTEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
•
CHIEF DEPUTY CITY RECORDER
Y-7? o3
(SEAL)
Bill No. of 2003.
Published:
G ordinance 03 Budget Appropriate funds fot_00 serves doe
•
3
APR 2 9 2003
SALT LAKE CITY ORDINANCE
• No. of 2003
(Appropriating necessary funds to implement, for fiscal year 2003-2004,
the provisions of the Memorandum of Understanding between
Salt Lake City Corporation and Local 1645 of the International Association of
Firefighters, representing the "400 Series" City Employees)
AN ORDINANCE APPROPRIATING NECESSARY FUNDS TO
IMPLEMENT, FOR FISCAL YEAR 2003-2004, THE PROVISIONS OF THE
MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY
CORPORATION AND LOCAL 1645 OF THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, REPRESENTING THE "400 SERIES" CITY EMPLOYEES, DATED
ON OR ABOUT JULY 1, 2002.
PREAMBLE
The City Council, in Salt Lake City Ordinance No. 34 of 2002, approved a
Memorandum of Understanding between Salt Lake City Corporation and Local 1645 of
the International Association of Firefighters, as the certified bargaining representative for
the "400 Series" City employees. The Memorandum of Understanding is a two year
agreement. The City Council appropriated necessary funds required to implement the
provisions of the Memorandum of Understanding for fiscal year 2002-2003. For fiscal
year 2003-2004, the Memorandum of Understanding is subject to appropriation of funds
by the City Council. The City Council, therefore, wishes to appropriate funds to
implement the provisions of the Memorandum of Understanding for fiscal year 2003-
2004.
Be it ordained by the City Council of Salt Lake City, Utah:
•
SECTION 1. PURPOSE. The purpose of this ordinance is to appropriate
necessary funds to implement, for fiscal year 2003-2004, the provisions of a
•
Memorandum of Understanding approved by the City Council in Salt Lake City
Ordinance No. 34 of 2002 between Salt Lake City Corporation and Local 1645 of the
International Association of Firefighters, as the certified bargaining representative for the
"400 Series"employees.
SECTION 2. APPROPRIATION. The City Council hereby appropriates
necessary funds to implement, for fiscal year 2003-2004, the provisions of the
Memorandum of Understanding between Salt Lake City Corporation and Local 1645 of
the International Association of Firefighters, representing the "400 Series" employees as
approved by the City Council in Salt Lake City Ordinance No. 34 of 2002.
SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby
authorized to act in accordance with the terms and conditions of the attached
Memorandum of Understanding between the City and Local 1645 of the International
Association of Firefighters.
SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
2
1
411 ATTEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
1110
CHIEF DEPUTY CITY RECORDER
(SEAL)
Bill No. of 2003.
Published:
G Ordinance 03'BudgetWppropriate funds for 400 series doc
3
APR 2 9 20113
• SALT LAKE CITY ORDINANCE
No. of 2003
(Appropriating necessary funds to implement,
for fiscal year 2003-2004, the provisions of the
Memorandum of Understanding between the City and
the Salt Lake Police Association, International
Union of Police Associations, Local 75,
AFL-CIO, representing the "500 Series" City Employees)
AN ORDNANCE APPROPRIATING NECESSARY FUNDS TO
IMPLEMENT, FOR FISCAL YEAR 2003-2004, THE PROVISIONS OF THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SALE
LAKE POLICE ASSOCIATION, INTERNATIONAL UNION OF POLICE
ASSOCIATIONS, LOCAL 75, AFL-CIO, REPRESENTING THE"500 SERIES" CITY
EMPLOYEES, DATED ON OR ABOUT JULY 1, 2001.
411 PREAMBLE
The City Council, in Salt Lake City Ordinance No. 37 of 2001, approved a
Memorandum of Understanding between Salt Lake City Corporation and the Salt Lake
City Police Association, International Union of Police Associations, Local 75, AFL -
CIO as the certified bargaining representative for the "500 Series" City employees. The
Memorandum of Understanding is a three year agreement. The City Council appropriated
necessary funds required to implement the provisions of the Memorandum of
Understanding for prior fiscal years. For fiscal year 2003-2004, the Memorandum of
Understanding is subject to appropriation of funds by the City Council. The City
Council, therefore, wishes to appropriate funds to implement the provisions of the
Memorandum of Understanding for fiscal year 2003-2004.
111111 Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this ordinance is to appropriate
necessary funds to implement, for fiscal year 2003-2004, the provisions of a
Memorandum of Understanding approved by the City Council in Salt Lake City
Ordinance No. 37 of 2001 between Salt Lake City Corporation and the Salt Lake Police
Association, International Union of Police Associations, Local 75, AFL- CIO,
as the certified bargaining representative for the "500 Series" employees.
SECTION 2. APPROPRIATION. The City Council hereby appropriates
necessary funds to implement, for fiscal year 2003-2004, the provisions of the
Memorandum of Understanding between the Salt Lake Police Association International
Union of Police Associations, Local 75, AFL - CIO, representing the"500 Series"
employees and Salt Lake City Corporation as approved by the City Council in Salt Lake
City Ordinance No. 37 of 2001.
SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby
authorized to act in accordance with the terms and conditions of the attached
Memorandum of Understanding between the City and the Salt Lake Police Association
International Union of Police Associations, Local 75, AFL - CIO.
SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
2
ATTEST:
•
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
•
CHIEF DEPUTY CITY RECORDER
41- 3/
(SEAL)
Bill No. of 2003.
Published:
G\Ordinance 03\Budget Appropiiace funds for 500 serves doc
•
3
APR 2 9 2033
O
SALT LAKE CITY ORDINANCE
No. of 2003
(Approving the Compensation Plan for
"600 Series and 300 Series" Employees
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR"600
SERIES AND 300 SERIES"EMPLOYEES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the
attached Compensation Plan for"600 Series and 300 Series" Employees. Three copies of
said Compensation Plan shall be maintained in the City Recorder's Office for public
inspection.
• SECTION 2. APPLICATION. The Compensation Plan shall not apply to
employees whose employment teiiuinated prior to the effective date of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
ATTEST:
• CHIEF DEPUTY CITY RECORDER
•
Transmitted to the Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
CHIEF DEPUTY CITY RECORDER
(SEAL)
•
Bill No. of 2003. Y_Zg-o3
Published: .
O\Ordinance 03\Budget\Approve 300&600 doe
2
APR 2 9 2033
SALT LAKE CITY ORDINANCE
• No. of 2003
(Approving the Compensation Plan for
"800 Series" Employees
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR "800
SERIES" EMPLOYEES.
Be it ordained by the City Council of Salt Lake City. Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the
attached Compensation Plan for"S00 Series" Employees. Three copies of said
Compensation Plan shall be maintained in the City Recorder's Office for public
inspection.
• SECTION 2. APPLICATION. The Compensation Plan shall not apply to
employees whose employment terminated prior to the effective date of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
APR 2 9 2003
SALT LAKE CITY ORDINANCE
No. of 2003
(Approving the Compensation Plan for
"900 Series" Employees
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR "900
SERIES" EMPLOYEES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the
attached Compensation Plan for"900 Series" Employees. Three copies of said
Compensation Plan shall be maintained in the City Recorder's Office for public
inspection.
SECTION 2. APPLICATION. The Compensation Plan shall not apply to
employees whose employment terminated prior to the effective date of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
ATTEST:
•
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
CHIEF DEPUTY CITY RECORDER
(SEAL) Y-2,-03 .
gi"A--
Bill No. of 2003.
Published:
G.\Ordinance 03\Budget Approre 900 doc
•
2
SALT LAKE CITY ORDINANCE
• No. of 2003
(Approving the Compensation Plan for
Un-classified Employees
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR UN-
CLASSIFIED EMPLOYEES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the
attached Compensation Plan for Un-classified Employees. Three copies of said
Compensation Plan shall be maintained in the City Recorder's Office for public
inspection.
• SECTION 2. APPLICATION. The Compensation Plan shall not apply to
employees whose employment terminated prior to the effective date of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
ATTEST:
• CHIEF DEPUTY CITY RECORDER
SALT LAKE CITY ORDINANCE•
No. of 2003
(Approving the Compensation Plan for
Regular Part-time Employees
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR REGULAR
PART-TIME EMPLOYEES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the
attached Compensation Plan for Regular Part-time Employees. Three copies of said
Compensation Plan shall be maintained in the City Recorder's Office for public
inspection.
• SECTION 2. APPLICATION. The Compensation Plan shall not apply to
employees whose employment terminated prior to the effective date of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
•
ATTEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on
• Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
CHIEF DEPUTY CITY RECORDER ,
(SEAL) Y- ZQ-03
Bill No. of 2003.
Published:
G\Ordinance 03'\8udget�App�ove 700 doe
•
2
APR 2 9 2003
O SALT LAKE CITY ORDINANCE
No. of 2003
(Approving the Compensation Plan for
Executive Employees and Elected Officials
of Salt Lake City)
AN ORDINANCE APPROVING A COMPENSATION PLAN FOR
EXECUTIVE EMPLOYEES AND ELECTED OFFICIALS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the
attached Compensation Plan for Executive Employees and Elected Officials. Three
copies of said Compensation Plan shall be maintained in the City Recorder's Office for
public inspection.
• SECTION 2. APPLICATION. The Compensation Plan shall not apply to
employees whose employment teiniinated prior to the effective date of this Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on
July 1, 2003.
Passed by the City Council of Salt Lake City, Utah, this day of
, 2003.
CHAIRPERSON
ATTEST:
•
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
ATTEST:
CHIEF DEPUTY CITY RECORDER •
03
(SEAL) t
Bill No. of 2003.
Published:
G:\Ordinance 03\Budget\Approve executives doe
•
2
• SALT LAKE CITY COUNCIL STAFF REPORT
BUDGET ANALYSIS- FISCAL YEAR 2003-04
DATE: May 9, 2003
BUDGET FOR: FIRE DEPARTMENT
STAFF REPORT BY: Michael Sears
cc: Rocky Fluhart, David Nimkin, Chuck Querry, John Vuyk,
Steve Fawcett, Laurie Dillon, DJ Baxter
The proposed fiscal year 2003-2004 budget for the Fire Department is
$27,528,366. This represents an increase of$1,157,820, or 4.39% over fiscal year
2002-2003. Total staffing for the department is proposed to decrease by 2.50 FTE
over the adopted fiscal year 2002-2003 budget.
FIRE DEPARTMENT
PROPOSED BUDGETS
Adopted Proposed Difference Percent Change
2002-2003 2003-2004
Administration $1,598,077 $1,700,650 $102,573 6.42%
(including financial management,
payroll,purchasing,inventory,
research,human resource
management,facility maintenance)
Operations 20,058,529 21,080,612 $1,022,083 5.10%
(fire companies)
Special Operations 109,837 189,528 $79,691 72.55%
(including hazardous material
incidents,water rescues,high-rise
rescues,trench rescues)
Communications 1,549,513 1,542,746 ($6,767) (0.44%)
(dispatch,equipment maintenance&
repair,technical support,records
management)
Training 1,439,290 1,362,400 ($76,890) (5.34%)
(including managing fleet acquisitions,
maintenance and supplies activities)
Fire Prevention 1,054,842 1,044,690 ($10,152) (0.96%)
(business inspections,hazardous
materials permits,new construction,
special events,community training,
public education)
Medical 560,458 607,740 $47,282 8.44%
(including medical training,
certification,quality assurance)
Total $26,370,546 $27,528,366 $1,157,820 4.39%
POTENTIAL MATTERS AT ISSUE -
Some of the major changes reflected in the proposed budgets include:
•
• Elimination of positions - The Fire Department is recommending the
elimination of the Tech Support Services Manager in the Communications
Division. (This position was eliminated during fiscal year 2002-2003 to address
revenue shortfalls) The department is also recommending that 1.50 FTE Fire
Prevention Specialist positions be eliminated from the Fire
Prevention/Community Education Division. This will result in the layoff of the
fire education specialist position.
• Attrition - The Fire Department is showing attrition expense increases of
$642,236. The Administration is reviewing this amount and will be providing
additional information during the briefing. There is a possibility that the City's
accounting/staffmg software incorrectly duplicated salary information.
• Pension/Insurance rate changes - The Fire Department is recommending
increase to the pension rate and insurance rate expenditure categories due to
higher costs to the City. Health insurance is projected to increase by 2%.
Pension expenses are expected to increase 8.7% and 10.7%, firefighter pension
expenses will remain at the same rate.
• 4 Handed Crews - The Fire Department is recommending the continuation of
the 4 handed crew staffmg arrangement. The department indicates that on 99%
of the City there are 4 handed staffmg crews. The Council may wish to consider
the effectiveness of the 4 handed crew concept and confirm that the proposed0
staffing will be sufficient to maintain 4 handed crews on all of the apparatus.
The Council may also wish to request information on the extent to which the
Fire Department needed to rely on overtime to achieve the 4 handed status,
and information on whether there are increased administrative costs with
managing the program.
• Salary Increases - The Fire Department is recommending an increase of
$667,623 in salary expenses. This increase is approximately half of the
department budget increase. The Council may wish to review the overtime
expenses of the department in relation to the 4 handed crew concept and the
proposed salary increases. The proposed personal service cost increase
assumes a 3% increase in base salaries plus merit increases for employees
covered by union contracts.
0
0 Additional Information
FIVE-YEAR BUSINESS PLAN (Goals and measurable results)
The Fire Department prepared a five-year business plan in fiscal year 2000-01 to
help guide the budgeting process and provide a means for management to better
evaluate overall Department performance. The business plan identifies goals and
objectives of the Fire Department. The plan was updated for fiscal year 2003-2004
to include department targets through fiscal year 2008-2009. In order to assist the
Council in evaluating progress, Council staff summarized the goals and noted the
results or steps taken by the Department during the fiscal year 2002-2003.
1. Goal/Objective: Maintain an average time from dispatch to arrival on life-
threatening emergencies of less than or equal to 5 minutes.
Results/steps taken: The Department has continued exceed this standard by
maintaining an average response time of less than four minutes for each month
in Fiscal Year 2003. With the proposed budget the department should be able
to maintain a response time of less than five minutes.
• 2. Goal/Objective: Dispatch center will conduct quality assurance reviews and
assign appropriate responders with 95% or higher compliance with the
guidelines of the National Academy of Emergency Medical Dispatchers.
Results/steps taken: The Department has completed the quality assurance
reviews for the first three quarters of Fiscal Year 2003 and has maintained a
standard higher than 95% compliance with the medical dispatch priorities.
The NAEMD has recently instituted a standard for fire calls which the Salt Lake
City fire dispatch center has adopted. The department has begun quality
assurance reviews for all fire calls and will strive to reach 95% compliance with
those standards also. Because this is a new standard it will take time to adjust
and bring our dispatchers up to the 95% level. For 2003 the dispatchers have
reached 89.7% for January, 94.4% for February and 92.9% for March.
3. Goal/Objective: Fire Prevention Bureau inspectors will complete 6500 fire
inspections annually.
Results/steps taken: The department has been unable to reach the total
number of inspection for this Fiscal Year because of the demands of the
Hazardous Material Permit licensing. The department is working to reach the
goal and has assigned personnel unable to perform combat duty to assist the
inspectors in the Fire Prevention Bureau to reach the goal.
IP4. Goal/Objective: Fire companies will complete 1,800 fire inspections/building
preplans annually.
1
Results/steps taken: Fire companies have far exceeded the standard and have
completed more than 4,000 inspections/building preplans for Fiscal Year 2003.
The Department has made an effort to utilize the fire companies in inspections II
to ensure they are ready to for any possible emergency.
5. Goal/Objective: Total monthly training time per emergency responder will
average 20 hours or more.
Results/steps taken: The department has averaged 21.8 hours of training per
month per emergency responder. The department is taking steps to ensure
that it will exceed 20 hours of training per firefighter so that they will be
prepared to handle an emergency.
6. Goal/Objective: The number of successful EMT and Paramedic re-certifications
will exceed the prior year.
Results/steps taken: Each paramedic and EMT has recertified in their
respective standard. Also each new firefighter recruit has been able to reach at
least the standard of EMT. The department has had four firefighters complete
paramedic training this fiscal year and has hired four fighters with paramedic
training.
7. Goal/Objective: Improve fire injury rate in comparison to benchmark cities.
Results/steps taken: The Department has not completed a study of its fire .
injury rate at this time. When the study is completed the information will be
forwarded to the council
LEGISLATIVE INTENT STATEMENTS
The Council issued the following legislative intent statement in June 2002 that
relates to the Fire Department.
Community Education in the Fire Department - It is the intent of the City
Council that the Administration explores the feasibility of training non-sworn
civilian staff or volunteers to perform community education services to Salt Lake
City schools.
Results/Steps Taken For fiscal year 2002-2003 the Department has one non-
sworn individual who is responsible for teaching fire safety within the schools; this
position will be eliminated in fiscal year 2003-2004. The Department also
employed a retired firefighter on a per class basis to teach other classes, but
funding for this has been eliminated. The Department will continue to look for
more cost effective ways to provide community education to the citizens of Salt
Lake City. The Department is pursuing the option of having on-duty firefighters
perform public education to the schools to fill the need created in fiscal year 2003-
2004. •
4
Overtime within the Fire Department - It is the intent of the City Council that
the Fire Department continues to take measures to reduce the reliance on
• overtime and submit quarterly reports to the Council outlining total amount spent
for constant staffing at a straight-time rate and amount spent at an overtime rate.
Results/Steps Taken: The Department has implemented full staffing using a
combination of straight-time pay and overtime pay. During fiscal year 2002-2003
the Department has maintained full staffing on 99.1% of all apparatus while
approximately 85% of the Department's overtime has been at the straight-time
rate.
During the briefing on the proposed budget, the Council may wish to identify
legislative intents relating to the Fire Department.
During the briefing, the Council may wish to identify potential programs or functions
to be added to the Council's list for future audits.
c
Ft 3
Franchise tax: The Administration projects franchise tax revenue to increase.
• Part of the increase is due to a change in the bases for determining fees from
telecommunication providers for placing conduit in the streets. In the past the
fees were based on property value. The new rates will be based on linear feet.
Permits: Revenue projections for building permits represent a $1,022,499
decrease due to the economy and the completion of a number of construction
projects. Projections for impact fees contain a $225,000 reduction for the same
reason.
Class C road fund: A portion of Class C road funds is traditionally budgeted in
the General Fund for eligible streets maintenance projects (less than 2" overlay).
Major street overlay or reconstruction projects that are funded with Class C road
funds are budgeted in the CIP Fund. The Administration proposes budgeting
$250,000 more in the General Fund and an offsetting reduction in the CIP Fund.
50/50 Concrete replacement program revenue: The Administration recommends
reducing staffing in the 50/50 concrete replacement program. Residents may
need to wait longer to have their sidewalks repaired. The reduction of the
program will result in a projected decrease in revenue of$80,000.
Rental fees: Some increases are proposed to rental fee rates resulting in an
estimated $104,860 increase to revenue.
Parking: Parking meter rates are proposed to increase from 20 minutes for 25
cents to 15 minutes for 25 cents. This is projected to increase revenue by•
$353,600. Additional parking meters are proposed for mid-block sections of 300
South and 300 East and for areas near the Gateway and Franklin Covey Field.
The new meters are projected to increase revenue by $133,000. Since there are
more meters, parking ticket revenue is projected to increase by $100,000. The
Department of Public Services has budgeted $92,700 for the installation of these
parking meters.
Fines: There are about $15,000,000 of outstanding court fines that have not been
paid. The Administration proposes to aggressively pursue collection of delinquent
court fines and collect at least $500,000. The Administration has performed a
pilot test of collecting these funds and met with some success. This is a new
effort, and the Administration has limited experience for estimating the amount
that may actually be collected in fiscal year 2003-04.
Interest: The projected budget is $600,000 less than the budget for fiscal year
2002-03 due to continued low interest rates.
E911 interfund transfers: The Administration has justified a larger transfer from
the E911 Fund to reimburse the General Fund for the costs of answering
emergency calls. This change was part of Budget Amendment #12 and will result
in a $346,000 increase for fiscal year 2003-04.
CDBG interfund transfers: In the past, salary expense for positions within the
General Fund that were funded by Community Development Block Grant (CDBG)
0 revenue were recorded as General Fund expenditures and offsetting CDBG
revenue. The Administration proposes budgeting for these positions directly
City Council Announcements
• May 13, 2003
A. Decisions, Feedback & Information needed by staff
1. VERIFIED RESPONSE ALARM PROGRAM -Attached is a response from the Police
Department to several statements made by three representatives of alarm companies to
Council Member Buhler about the City's verified response alarm program. Are other
Council Members interested in meeting with representatives of alarm companies
either individually or in small groups? Council Members said they were not
interested in scheduling a meeting. Are Council Members interested in including the
alarm program as one of the small audits in the next round of audits? Council
Members said they would like to include this with the next audit.
B. Council Office Policies
C. For Your Information
D. Upcoming Appointments (see attached goldenrod sheet)
E. Upcoming Agenda items (see attached goldenrod sheet)
F. Informational Mail items received (see attached goldenrod
0 sheet)
•
'
•
MEMORANDUM
DATE: May 9,2003
TO: City Council Members
FROM: Russell Weeks
RE: Draft:City Council Resolution on Northern Utah Airspace Initiative
CC: Cindy Gust-Jenson,Tim Campbell,Jodi Howick,Barbara Gann,Gary Mumford
Attached is a draft of the resolution on the Federal Aviation Administration's Northern
Utah Airspace Initiative. As discussed at the City Council work session Thursday,Jodi Howick
has reviewed the draft,and any changes she suggested have been incorporated into the draft.
Council staff also has attached the letter from Mayor Ross C. Anderson and Airports
Executive Director Tim Campbell to Clark Desing of the FAA Air Traffic Division.Ninety-five
percent of the draft resolution is taken directly from the letter.
• The resolution is in draft form due to the shortened deadline for City Council packets for
the May 13 meeting.If City Council members have any comments on the draft or anything that
should be added,please contact City Council staff on Monday,and staff can incorporate the
comments.Once that is done,Council staff will forward the draft to the City Attorney's office for
its final,approved form for Tuesday's meeting.
•
1
2003—May-09 11:13 From—Salt Lake City Airport Directors Office +8015752670 T-428 P.002 F-130
." r.y= -
,, _: ._ .
ROSS C."ROCKY"
YOR ANDERSON S 1 I it `��r�j� � I SALT LAKE 2002
OFFICE OF THE MAYOR (69
May 8, 2003
Clark Desing
Federal Aviation Administration
Northern Utah Airspace Initiative
PO Box 22867
Salt Lake City, Utah 84122
Dear Mr. Desing:
The Federal Aviation Administration (FAA) is considering
redesigning the airspace surrounding the Salt Lake City International
Airport (Airport). The FAA has designated this action as the "Northern
• Utah Airspace Initiative" (NUAI) in its published notice,' and has stated
that it will consider a"four-corner post" concept, and the addition of a
new downwind approach to the Airport over the eastern Salt Lake
Valley. Salt Lake City Corporation(City) is providing these written
scoping comments in response to the FAA's notice, and requests that
these comments be considered and addressed in the environmental
impact statement (EIS) that is being prepared for this federal action.
Summary of Federal Proposal and City's Comments
The FAA's Air Traffic Division (Division) has stated that through
this action it is examining how it might modify air traffic routes and
procedures in response to existing and forecast aviation demand in the
area. As stated in the published notice, it is examining two concepts, and
the purpose of any modifications would be "to avoid degradation of
safety, improve efficiency, and meet future traffic demands." The
Division has a particular interest in the effect of increasing operations
during peak hours of air traffic.
• ' The FAA's published notice can be found at 68 Fed. Reg. 8071 (February x9,2003)_
451 SOUTH STATE STREET,ROOM 306,SALT LAKE CITY,UTAH 84111
TELEPHONE 801-535-7704 FAX:801-535-6331
4CuV.%I,w4t
2003-May-09 11:14 From-Salt lake City Airport Directors Office +8015752870 T-428 P.003/012 F-130
Mr. Clark Desing
May 8, zoo3
Page z 1111
The City does not support the Division's proposal to address these
concerns by adding a new downwind approach to the Airport over the
eastern Salt Lake Valley. This proposal would violate community
understandings with the FAA about aircraft noise and other overflight
impacts, and impose a significant collection of impacts on the
community. At the same time, the Division has not established any
reliable data demonstrating a purpose or need that would justify imposing
these impacts, and less intrusive alternatives are available if any
improvements in the system are needed.
With respect to the Division's four corner post proposal, this
proposal may prove to be acceptable, but the Division has not provided
adequate information to permit the City to comment on its merits at this
time. However, we understand that the four corner post proposal may
impact local resort areas and other sensitive lands, and we ask that the
proposal's southeast "post" be relocated. The Division also should
separate its analysis of a four corner post proposal from the east
downwind proposal. It is our understanding that based on the Division's
modeling, an east downwind approach is not linked to gains that may be 41111
achieved from a four corner post proposal.
Community Understandings about Aircraft Noise and Overflights
Northern Utah communities have an existing understanding with
the FAA about aircraft noise and overflights surrounding the Airport. In
the past few years, the City's Department of Airports conducted a Part
x50 noise compatibility process that involved the FAA, the airlines
serving the Airport, and the many surrounding communities affected by
aircraft noise and overflights. Negotiations among all of these parties
established specific runway use and flight procedures, and those
understandings were formalized in the City's approved Part iso program,
a published Part 15o Noise Exposure Map, and a Letter of Agreement
(LOA) dated March I, 2000, between the City and the FAA.
These actions were the appropriate method to work with the
community to establish local land use plans, policies and controls that
address aircraft noise and overflights for the affected area. The
•
2003-May-09 11:14 From-Salt Lake City Airport Directors Office +8015T526T9 T-428 P.004/012 F-130
Mr. Clark Desing
May 8, 2003
Page 3
Division's east downwind proposal would unilaterally violate the LOA
and circumvent the Part 15o process. Such a proposal would conflict with
and frustrate community efforts and decisions regarding community
compatibility planning. The Division must establish why it needs to act
unilaterally to alter existing agreements, and how its actions will be
consistent with community plans and policies.
FAA policy emphasizes local involvement. FAA has stated it will
"consider alternative actions to minimize noise impacts for residents of
communities surrounding airports and for noise sensitive areas" when it
considers changes in air traffic routes.' FAA has also stated that "[t]he
responsibility for determining the acceptable and permissible land uses
and the relationship between specific properties and specific noise
contours rests with the local authorities. FAA determinations under Part
15o are not intended to substitute federally determined land uses for those
determined to be appropriate by local authorities in response to locally
S
determined needs and values. . . .s3 An EIS process only allows the public
to comment on pre-selected alternatives identified by the Division, and as
such it does not facilitate evaluation of a broad range of alternatives by
community stakeholders. The Division must explain why it should, or
can, disregard its policy of local involvement when determining the
priority of new flight tracks over locally-determined land uses.
Communities rely on agreements about aircraft noise when
planning and regulating. A variety of communities in the Salt Lake
Valley have adopted land use property plans and taken other actions
based on the results of discussions with the FAA in the past. The
Division must identify and examine how various communities have
relied on previous agreements about aircraft noise and overflights, and
balance the value of those efforts against what it hopes to gain through a
change in flight patterns, particularly the east downwind proposal.
Community decisions and agreements are important. The City has
tried for several years to work with the Division on behalf of the
2 65 Fed.Reg.438oz.43805(July z000)(poliry proposed by FAA).
s iq C.F_R_§tSo app.A-
2003—May-09 11:14 From—Salt Lake City Airport Directors Office +8015752679 T-428 P.005/012 F-130
Mr. Clark Desing
May 8, 2003
Page 4
•
community to discuss airspace and obtain more accurate information.
However, the Division has rejected these efforts. The Division's east
downwind proposal is clearly inconsistent with existing and future
community plans and the FAA's agreement with the community. The
Division must explain why it cannot work cooperatively to find
alternatives that are acceptable to the community.
Environmental Impacts on the Community
Northern Utah communities agreed to the current arrangements
because they minimize the impact of aircraft noise on the population.
The Airport's current Noise Compatibility Program was developed to
maximize the use of flight tracks over the uninhabited areas of the Great
Salt Lake and vacant lands west of the Airport. Their intent is to
minimize the number of people exposed to single event aircraft
overflights. By contrast, the proposed east downwind would shift a
significant number of aircraft overflights from unpopulated areas to the
most heavily populated areas of the community. Aircraft events that •
currently do not impact anyone, or that impact only a relatively few
people, would impact large numbers of people if the east downwind
proposal is implemented. This proposal would create the greatest
possible negative impact to the community, and such a significant change
requires careful and rigorous scrutiny.
The Division must clarify what areas will be affected by its east
downwind proposal. For example, since the proposed east downwind will
change the flight patterns that were used to develop the Airport's Part 150
Noise Exposure Maps, the Division must determine where any new noise
impacts may occur beyond those within the 65 DNL contours. More
specifically, since new flight tracks may be outside of the 65 DNL noise
contours, the Division must quantify expected single event noise
exposure levels along the entire route that aircraft are expected to fly.
Furthermore,the analysis for each alternative must include estimates of
the total population that would be exposed to single event overflights.
The Division must also clarify the nature of the operations that
would occur in the areas affected by its proposal. For example, it must
•
2003-May-09 11:18 From-Salt Lake City Airport Directors Office +8015752679 T-430 P.006/012 F-130
Mr. Clark Desing
May 8, zoo3
Page g •
consider the ultimate use of the flight corridors for all aircraft included in
the forecasted fleet mix. In addition, the Division must indicate the
percentage and frequency of operations that are expected to occur during
day and nighttime hours, and the percentage of each type of aircraft
flying at a given time. The Division must also provide sufficient
information describing flight tracks for aircraft using visual flight rules
(VFR), where aircraft may fly virtually unconstrained at varied altitudes
and locations. The Division must identify all possible arrival and
departure flight tracks for both VFR and IFR conditions, and identify the
potential range of flight tracks and resulting noise impacts attributable to
them.
After clarifying the nature of the affected areas, the Division must
then discuss all environmental impacts arising from its proposal, or from
all reasonable alternatives to its proposal. Noise is an obvious impact
associated with air traffic changes. When considering noise, the Division
must look at the real impact of adding aircraft in areas where none exist
today. Communities must be able to understand impacts on people, sleep •
disturbance, speech interference and quality of life. The Division's DNL
metric does not adequately communicate the extent of this impact. The
Division must use supplemental metrics such as Sound Exposure Level,
Time Above and Number of Events Above to quantify new noise
impacts, and then explain the range of those impacts on the community.
The Division must also consider socioeconomic impacts. The east
downwind proposal will most likely negatively impact property values
along the entire corridor. The Division must quantify these impacts for
each of the east downwind alternatives, and consider those costs relative
to the cost of the "no action" alternative and other less intrusive
alternatives. In addition, the Division must consider visual impacts to
areas within the flight tracks, as well as to areas in the vicinity that have
been set aside for sensitive and unique uses. The Division must consider
whether visual impacts are consistent with all of these property uses.
The Division must consider all impacts that would be imposed on
areas with unique sensitivities. The east downwind proposal would run
along or across some of the most sensitive natural areas in Northern
1111
2003-May-09 11:19 From-Salt lake City Airport Directors Office +8015752679 T-430 P.O07/O12 F-130
Mr. Clark Desing
• May 8, 2003
Page 6
Utah. The community is strongly committed to preserving these natural
areas. They include national forests, wilderness areas, areas preserved as
scenic parks and trails, and recreation areas. Each of these special
resource areas must be reviewed on a case-by-case basis to identify
impacts, and determine whether those impacts are consistent with the
purpose and importance of these areas for the community.
The Division must also consider all impacts that would be imposed
on other areas covered by 49 U.S.C. §303. These include areas of natural
beauty, public parks and recreation lands, areas of refuge for wildlife, and
historic sites. For example, there is a high concentration of historic sites
in the vicinity of the east downwind proposal, including many historic
districts, areas of open space, structures of historic and cultural
significance, and a rustic village historic park. The Division must
determine whether impacts are consistent with the goals for preserving
these sites, and their importance and function within the community.
• The Division must also consider whether impacts would be
consistent with the City's planning and land use goals, and those of other
affected communities. As the state's capital, the City places a high
priority on revitalizing its downtown area to attract residential
populations, and to serve the needs of the citizens of Utah and visitors to
the state. Part of the City's goals focus on preserving quiet areas,
enhancing recreation, and beautifying and preserving the environment.
The Division must identify and research the goals of these communities,
and determine whether impacts are consistent with their land use efforts.
The City has not attempted to identify all possible impacts. The
Division must carefully identify and examine all possible impacts within
the affected areas, and discuss with the community both the impacts and
the benefits that might be realized if an east downwind approach is
implemented. Any benefits must be compared against the negative
impacts of placing aircraft where none exist today. The Division should
not pursue a proposal that degrades the community's quality of life.
2003-May-09 11:19 from-Salt Lake City Airport Directors Office +8015752679 T-430 P.008/012 F-130
Mr. Clark Desing
May 8, 2003
Page 7
•
Lack of Reliable Data Demonstrating Purpose or Need
The Division has stated that the purpose for any modifications
under this federal action would be to avoid the degradation of safety,
improve efficiency, and meet future traffic demands. However, the
Division has not offered any reliable data demonstrating a purpose or
need for its east downwind proposal at this time.
Safety
The Division has implied that the current procedures are unsafe,
and that increased operations will increase controller workload and
further decrease safety. However, the City is not aware of any data
indicating that current procedures are unsafe. If the Division believes
that existing procedures are not safe, we request that the Division
immediately provide specific information to the public identifying which
components of the current procedures put the public at risk. •
The Division is responsible to develop safe airspace procedures
specifically tailored to address the unique constraints that might exist at
the airport or within the community. Such procedures must reflect the
impacts caused by variables of terrain, joint use of airspace, activity
demand levels, or land use constraints. Since safety may be related to air
traffic controller workload, the Division must also consider and evaluate
alternatives to increase staff and equipment to handle future traffic
increases.
Consequently, as a part of its EIS the Division must develop and
document safe airspace procedures that could be implemented under the
"no action" alternative, and do the same for all other alternatives
considered. These procedures must be developed for the "no action"
alternative before impacts to capacity and delay can even be estimated.
The Division must also document the full range of alternatives available
to maintain adequate margins of safety at higher traffic levels, including
procedures to accommodate increased traffic levels without making
airspace changes east of the Airport. If existing margins of safety are
S
2003—May-09 11:19 From—Salt Lake City Airport Directors Office +8015752679 T-430 P.009/012 F-130
Mr. Clark Desing
May 8, 2oo3
• Page 8
expected to decrease as air traffic increases, the Division must identify
the annual and peak hour traffic levels at which the margins of safety
might become compromised, and to what extent. It must also identify
the years when such traffic levels might occur.
The City requests that the number of alternatives be expanded, and
that a full range of alternatives be developed and evaluated that address
purported safety issues. Alternatives that are developed to increase
capacity should not be misrepresented as being needed to maintain safety.
Any existing or future airspace procedure that violates a safety procedure
established by the Division should be identified and addressed separately
from alternatives that are desirable to increase capacity. Safety and
capacity issues should not be confused, and the Division must clearly
document these separate issues, and identify the different solutions that
might be appropriate for each type of problem.
• Efficiency and Future Capacity
The Division's assertions about efficiency and future capacity are
based on its forecasts for the growth of operations at the Airport. In the
report, "Four Corner Posts @ Salt Lake City" dated i5-i6 May zooz,
information provided by the FAA predicts that operations at the Airport
will increase by 30%between zooz and approximately zoro. This equates
to an annual growth rate of approximately 3.75%. The report indicates
that during this same period, traffic at Provo Airport is projected to
increase by 50%0, and traffic at Ogden Airport is projected to increase by
3o%.
However, the City believes that the Division's assumption of a
3.75% annual growth rate is flawed and does not accurately predict future
aircraft operations or the need for airspace changes. In fact, the FAA's
most recently released Terminal Area Forecast (TAF) for Salt Lake City
International Airport contradicts the forecasts being used to support the
federal action. The TAF projects a 2.21% growth rate in aircraft
operations between zooz and zoro. Historic trends also contradict the
Division's forecasts. Between 1996 and z002, annual aircraft operations at
2003-M1ay-O9 11:20 From-Salt Lake City Airport Directors Office +8015752679 T-430 P.O1O/012 F-130
Mr. Clark Desing
May 8, 2003
Page 9
III
the Airport actually increased from 374,zo9 to 406,994, for a total increase
of about 8.7%, or 1.45% per year.
The federal action is based on obsolete, inaccurate forecasts, and
those forecasts cannot support a purpose or need for the action. The
Division must document the assumptions, data, and analysis it used to
develop its forecasts for these three airports, and demonstrate the validity
of its assertions about growth. It must take into account recent events
that have caused a dramatic downturn in air travel, and that may result in
lower growth rates in the future than in the past. It must establish data
that reflects developing industry trends, and which airlines and airport
operators can support as reflecting the most likely growth scenario.
Developing industry trends may address many of the Division's
concerns. For example, the Division must consider that airlines have
begun to spread their use of hub airports over longer periods of time to
reduce peak hour operations, and that airlines are meeting an increasing
demand for seats using larger aircraft. in addition, the Division must •
consider the effect of developing technologies such as Required
Navigation Performance (RNP) when assessing the timing and
implementation of new airspace procedures. As air traffic levels increase,
RNP may be sufficiently implemented to allow for procedures that would
make an east downwind approach unnecessary. The Division must
identify and evaluate various alternatives in light of these trends.
When determining when to implement proposed airspace changes,
the Division must correlate efficiency and capacity benefits with specific
activity levels. It must document the degree of benefit estimated at
future demand levels, and then identify the approximate year when those
traffic levels might be reached. The Division's east downwind proposal
is designed to address conditions and levels of demand that may not exist
for some time, if ever. Likewise, anticipated benefits from the proposal
will not materialize before its implementation becomes necessary. It is
premature to address a capacity issue that may or may not occur in the
distant future. The Division must use accurate data and demonstrate an
imminent need for immediate changes or benefits.
II
2003-May-09 11:20 From-Salt Lake City Airport Directors Office +8015752679 T-430 P.011/012 F-130
Mr. Clark Desing
May 8,zoo3
• Page io
Less Intrusive Alternatives
The Division's current list of alternatives to the east downwind is
inadequate, and provides for only one possibility. The Division must
formulate all reasonable alternatives to an east downwind approach, and
then carefully consider them to find less intrusive solutions if any
solutions are needed. The Division must also fully develop the "no
action" alternative. The east downwind proposal would impose the
greatest negative impacts possible on the community. The Division must
consider less intrusive alternatives.
The Division has not yet identified or considered numerous
alternatives that would increase capacity when it is needed without
causing significant negative impacts. For example, the Division should
consider the alternatives noted elsewhere in this letter, as well as
pavement and NAVAID improvements that would allow simultaneous
• independent operations on Runways 34R and 35, stacked downwinds west
of the Airport, parallel west downwinds, a downwind further east than
proposed, close parallel runways, implementing a four corner post
airspace system without an east downwind approach, realigning Runway
17/35 to be parallel with the Airport's other two carrier runways, and
other options. The Division must also consider mitigation measures such
as those already contained in the "no action" alternative. For example,
south flow departures are currently not allowed to turn eastbound
immediately,but instead must turn west over the Great Salt Lake where
there is minimal impact to residential communities.
The Division must identify all reasonable alternatives to an east
downwind proposal. It must thoroughly evaluate each, and compare each
to the estimated benefits of the proposed action and of the "no action"
alternative. The Division must consider less intrusive alternatives before
moving forward with a major change in flight tracks serving the Airport.
Conclusion
Salt Lake City Corporation is unable to support the proposed
airspace redesign for the reasons stated above. We appreciate your
2003—May-09 11:20 From-Salt Lake City Airport Directors Office +8015752679 T-430 P.012/012 F-130
Mr. Clark Desing
May 8, zoo3
Page it
•
consideration of these comments during the EIS process, and we are
hopeful that as a part of that process, the Division will provide the public
with more comprehensive information regarding community impacts,
purpose, and need, as well as reasonable alternatives for the proposed
action.
Sincerely,
ti
ss C. Anderson Timothy L. Campbell A.A.E.
Mayor Executive Director
Department of Airports
cc: Salt Lake City Council
Governor Michael Leavitt
Senator Orrin Hatch
Senator Robert Bennett .
Congressman Jim Matheson
Congressman Rob Bishop
Congressman Christopher Cannon
Salt Lake City Airport Board
Nancy Workman, Salt Lake County Mayor
Salt Lake County Council Salt Lake County Council of Governments
Wasatch Front Regional Council
Kip Pitou, Ski Utah
Save Our Canyons
Pat Morley, State Division of Aeronautics
Meghan Holbrook, UATC
Marion Blakey, FAA Administrator
Tom Busker, FAA Regional Administrator
Craig Sparks, FAA Airport District Office
Salt Lake County Council of Governments
•
Press Release SALT LAKE CITY
• Redevelopment Agency
For Immediate Release
Thursday, May 8, 2003
RDA Requests Public Comment Regarding a
Potential Move of Nordstrom to the Gateway
Hearing set for Thursday, May 15`h-7:30 PM
Salt Lake City— The Redevelopment Agency of Salt Lake City (RDA) seeks
public comment concerning a potential move of the Nordstrom store,
currently located in the Crossroads Mall, to The Gateway. The RDA seeks
public input as it prepares for a decision by the RDA Board regarding
changes to an agreement that would be required for Nordstrom to move to
the Gateway.
Public Hearing Details
• When: Thursday, May 15th-7:30 PM
Where: City and County Building, 3rd floor, City Council Chambers
Those who cannot attend in person are urged to submit comments in writing
before May 15th. Hard copies may be sent to the RDA at
451 South State Street
Room 418
Salt Lake City, UT 84111
Comments may also be submitted electronically by sending an E-mail to
crayola.berger@slcgov.com.
Media Contact: Josh Ewing, SLC Communications Director (801) 535-
7739.
###