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09/10/2002 - Minutes (2)
PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 10 , 2002 The City Council of Salt Lake City, Utah met in Work Session on Tuesday, September 10, 2002, at 5:30 p.m. in Room 326, Committee Room, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Van Turner, Eric Jergensen, Nancy Saxton, Jill Remington Love, Dave Buhler, and Dale Lambert. Also In Attendance: Mayor Ross C. "Rocky" Anderson; Cindy Gust-Jenson, Executive Council Director; Rocky Fluhart, Chief Administrative Officer; David Nimkin, Mayor's Chief of Staff; Diana Karrenberg, Community Affairs Manager; Gary Mumford, Deputy Council Director/Senior Legislative Auditor; Russell Weeks, Council Policy Analyst; Michael Sears, Council Budget and Policy Analyst; Janice Jardine, Council Planning and Policy Analyst; Lehua Weaver, Council Staff Assistant; Sylvia Jones, Council Constituent Liaison; Dan Mule' , Treasurer; Steven Allred, Acting City Attorney; Larry Spendlove, Assistant City Attorney; Roger Evans, Building Services and Licensing Director; Ray McCandless, Northwest Quadrant/Subdivisions Planner; Doug Dansie, Downtown/Special Projects Planner; Doug Wheelwright, Land Use and Transportation/Subdivisions Planner; Brent Wilde, Deputy Planning Director; Stephen Goldsmith, Planning Director; Timothy Harpst, Transportation Director; Susi Kontgis, Budget Analyst; Mary Johnston, City Courts Director; Dan Bergenthal, Transportation Engineer; Kim Thomas, Grant Acquisition Specialist/Grants Coordinator; and Scott Crandall, Deputy Recorder. Councilmember Buhler presided at and conducted the meeting. The meeting was called to order at 5:34 p.m. AGENDA ITEMS #1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION ITEMS AND ANNOUNCEMENTS. Ms. Gust-Jenson said the joint resolution with the Mayor establishing September llth as Patriot Day needed to be read. Councilmember Buhler said he would read the resolution. Ms. Gust-Jenson said Richard Wirick would present information concerning Mexican Independence Day. She said Item F-2, Special Assessment Bonds, the rate was $124,000, not $125,000. See file M 02-5 for announcements. #2. INTERVIEW CORI JOHNSON PRIOR TO HER APPOINTMENT TO THE CITIZEN'S COMPENSATION ADVISORY COMMITTEE (CCAC) . Ms. Johnson said she was a life-long resident of Utah. She said she had a degree in Human Resource Management and was certified as a Human Resource Professional. She said she felt her experience would help her better serve the community. #3. INTERVIEW MARILYN PEARSON PRIOR TO HER APPOINTMENT TO THE CAPITAL IMPROVEMENT PROGRAM BOARD (CIP) . Ms. Pearson said she lived in Rose Park and was involved in political and community issues and was a Mobile Watch volunteer. She said her employment included education and training for the Utah League of Credit Unions. She said she wanted to make the community a better place and looked forward to the appointment. #4. INTERVIEW JEFF JONAS PRIOR TO HIS RE-APPOINTMENT TO THE PLANNING COMMISSION. Mr. Jonas said some members of the Planning Commission (PC) were frustrated and 02 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 10 , 2002 questioned the effort of serving on the board. He said some of the frustration came from the City Council. He said commission members were insightful and understood the City's development process. Mr. Jonas said the PC only dealt with development issues and could be a valuable resource to the Council. He said he felt resources available to the PC were inadequate compared to other cities. He said Commission Members were willing to meet with Council Members to discuss issues. Councilmember Lambert asked how the working relationship between the PC and the Council could be improved. Mr. Jonas said if Council Members had specific concerns they needed to come directly to the PC. He said more interaction was needed especially on redevelopment matters where planning issues were being addressed. Councilmember Lambert asked if the Council and the PC should meet periodically to discuss issues and concerns. Mr. Jonas said yes. He said a PC subcommittee could attend Council meetings to present redevelopment ideas. He said the development process was difficult and needed to be improved. Councilmember Christensen asked if the Commission felt they did not have enough time to analyze policy issues before decisions were made. Mr. Jonas said no. He said one applicant had been in the process for three years. He said he felt at times, the process took so long decisions were made just to move issues along. Councilmember Turner said he supported the idea of joint meetings with the PC and Council. Councilmember Jergensen said when conflicts existed between developments and neighborhoods it would be helpful for the Council and the PC to work together to review those issues. #5. RECEIVE A BRIEFING REGARDING TRAFFIC CODE AMENDMENTS. View Attachment Larry Spendlove, Mary Johnston, Dan Bergenthal and Russell Weeks briefed the Council with the attached handout. Councilmember Lambert said he wondered if crimes should be considered more severe if a disabled person was involved. Councilmember Saxton said she was concerned about accidents being investigated if they did not meet criminal offense criteria. Councilmember Lambert said he was concerned about language added to Section 12.36.040 stating "it shall not be a defense that there was no apparent observer present to view such speed contest or exhibition". Mr. Spendlove said Judge Gill suggested the language. He said people were being acquitted because the court felt under the existing ordinance there had to be some apparent observer. The majority of the Council was in favor of removing the language. Councilmember Lambert said the definition regarding bodily injury was unclear. Discussion was held on combining bodily injury and serious bodily injury categories. Comments included determining misdemeanor or criminal action, civil violations, physician testimony, level of police investigation, burden of proof, processing minors, juvenile court, concurrent jurisdiction, and State statues. The Council was in favor of having separate categories. Councilmember Lambert said he was concerned about language pertaining to pedestrians exhibiting signs of impairment or infirmity. He suggested changing the language to read" clear and objective signs". The Council was in favor of the proposed change. Mr. Weeks asked if the Council wanted to consider extending protection to pedestrians 02 - 2 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 10 , 2002 beyond the State requirement of crosswalks only. Councilmember Christensen suggested contacting State legislators to encourage them to sponsor a bill. Councilmember Jergensen said he would make the contact. Councilmember Lambert said it would be difficult to determine if someone standing on the corner was going to become a pedestrian. Councilmember Jergensen said the issue was confusing and public education would be essential if the proposal was adopted. Council Members were in favor of advancing the proposal with public education. #6. RECEIVE A FOLLOW-UP BRIEFING REGARDING OBSTRUCTIONS IN SIDE-YARDS (PETITION NO. 400-01-26) . View Attachment Janice Jardine, Ray McCandless, Sylvia Jones, and Doug Wheelwright briefed the Council with the attached handout. Ms. Jones said the last sentence in Option 6 needed to be deleted. She said Options 6 or 7 could be added to any decisions the Council made. Councilmember Lambert said the main issue was the distance air conditioners needed to be located from property lines. Councilmember Jergensen said a provision was needed so properties, which did not have enough room or where complaints were made, could be reviewed on a case-by-case basis. Ms. Jardine said if a complaint was made, Option 6 allowed the Zoning Administrator to identify noise mitigation options. She said Option 7 allowed cases where side yards were too small, to go through the routine and uncontested matter process. She said the process required notification and signatures of abutting property owners. Councilmember Christensen asked if Option 7 could be modified so the Zoning Administrator could require some type of sound mitigation when a permit was granted. Ms. Jardine said she thought so. Ms. Gust-Jenson suggested delaying an official vote on the proposal until an ordinance was prepared. Mr. Wilde said Option 5 required 4 feet and 2 feet. He said to clarify the language, Option 7 could be modified to show less than 4 feet and less than 2 feet to further reduce what was allowed under Option 5. Councilmember Buhler asked if the Council supported Options 5 and 7 with those modifications. All Council Members were in favor except Councilmember Saxton. #7. HOLD A DISCUSSION REGARDING SIDEWALK VENDING. View Attachment Doug Dansie and Russell Weeks briefed the Council with the attached handout. Discussion was held on preventing vendors from bunching together, how far vendors should be located from street corners, how close vendors could be to the front door of a like business or the property line of a like business, and how many vendors should be allowed per block. Councilmember Love asked how many vendors were currently operating in the Central Business District. Mr. Dansie said he did not know. Councilmember Love said she was concerned about diminishing the opportunities for vending carts. Mr. Dansie said vendor licenses had to be renewed every January. He said the number of spots available had never been filled. Councilmember Saxton asked if snow cone carts were permitted. Mr. Dansie said yes. He said anything edible could be sold from a bonafide vending cart. He said some confusion existed about snow cone shacks. He said shacks were temporary buildings and did not meet any design criteria of vending carts. Councilmember Buhler said he understood snow cone shacks were not permitted on private property. Mr. Dansie said that was correct but the issue was being reviewed. 02 - 3 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, SEPTEMBER 10 , 2002 Councilmember Buhler asked if vendors were given a specific spot with their permit. Mr. Dansie said the permit was issued per block face. Councilmember Saxton suggested developing a new ordinance to deal with the areas outside of downtown. A straw poll was taken for the expanded district to keep vendors 100 feet from the door of a like business, 100 feet from a street corner and allowing only one per block face. The majority of the Council was in favor. Councilmember Buhler asked if the proposed action would reduce the number of permits. Mr. Dansie said no. Mr. Buhler said the public hearing would be held on the first Tuesday in October. Councilmember Jergensen said landowners had complained that vending cart owners did not pay sales tax, property tax, or meet health regulations. He said he wanted the public to understand that was not true. Councilmember Jergensen said a vending cart was entitled to 34 square feet. He said the $175 permit fee equated to an annual property tax of $5.15 per square foot. He said landowners paid approximately 14 cents per square foot. He said vendors were also subject to periodic health inspections and sale tax. He said he felt this information needed to be brought out before the next hearing. He said some people opposed vending carts because the owners did not clean the sidewalk or area around their carts. He said that was an enforcement issue the City needed to address. Councilmember Buhler suggested re-notifying vendors about the hearing. Mr. Weeks asked if the original mailing list should be used. The Council was in favor. Councilmember Saxton said all affected community council chairs should be notified. Mr. Weeks said he understood only two community councils were affected. #8. HOLD A DISCUSSION REGARDING AN INTERLOCAL COOPERATION AGREEMENT FOR THE AMERICORPS PROGRAM AT SORENSON MULTI-CULTURAL CENTER. View Attachment Michael Sears and Kim Thomas briefed the Council with the attached handout. Councilmember Saxton asked for information about the Americorps group and how they developed relationships with different entities. Ms. Thomas said Americorps was part of the National Service Corporation (NSC) which was established during the Clinton Administration. She said several organizations were part of the NSC including Americorps and Vista. She said every State had a federally funded Office of Volunteers which was run by the local Governor' s Office. She said different entities could apply to the Governor's Office to participate in Americorps and Vista programs. She said they were generally non-profit groups which provided services to children. Council Members were in favor of forwarding the proposal. The meeting adjourned at 8:39 p.m. sc 02 - 4 MEMORANDUM DATE: September 6, 2002 TO: City Council Members FROM: Russell Weeks RE: Traffic Code Amendments CC: Cindy Gust-Jenson,Rocky Fluhart,DJ Baxter,Margaret Hunt,David Dobbins,Tim Harpst,Larry Spendlove,Mary Johnston,Dan Bergenthal, Gary Mumford,Michael Sears This memorandum pertains to proposed amendments to the Salt Lake City traffic code. The proposed amendments are scheduled for a City Council briefing and discussion on September 10.There appear to be three issues remaining for the City Council to consider.The Administration also has suggested that the City Council compare part of the proposed amendment in Section 12.76.045 to the current ordinance's Section 12.76.030.Both sections involve drivers' duties to yield to pedestrians. Potential Options • Schedule the proposed amendments for formal City Council consideration. • Return the proposed amendments to the City Attorney's Office for further revision based on the September 10 briefing. Issues/Questions for Consideration 1. Should accidents that result in injuries to pedestrians in crosswalks be divided into those that are prosecuted as criminal offenses and those that are prosecuted as civil offenses,as the draft ordinance proposes,or should all accidents that result in injuries to pedestrians be prosecuted as criminal offenses? 2. Should drivers determined to have failed to yield to pedestrians with disabilities be subject to enhanced civil penalties,as proposed in the attached draft ordinance? 3. What is the City Council's preference to either retain language in the current ordinance's Section 12.76.030 involving drivers'duties to yield to pedestrians in crosswalks or to adopt proposed language in Section 12.76.045? 4. Should the City Council make changing Utah law regulating automobile drivers' duties to protect pedestrians at intersections or crosswalks a priority for the 2003 session of the Utah Legislature? 1 Discussion/Background Potential amendments to the traffic code first were brought before the City Council in February 2001.The proposed amendments were designed to make the traffic code conform to Utah law,to clarify issues raised by Salt Lake City Administrative Court judges,and to make clear delineations between civil violations and criminal violations. Consideration of the proposed amendments was delayed during discussions that focused on potential ways to extend greater protection to pedestrians near crosswalks and intersections. Consideration also was delayed during changes in which the Administrative Court became the City Justice Court and while budget appropriations for the City Justice Court were discussed and acted on before the July 1 start of the current fiscal year. After a March 5 briefing this year the City Council appointed a subcommittee to make recommendations to the full Council on proposed amendments.The subcommittee consisted of Council Members Dale Lambert,Jill Love,and Nancy Saxton. The subcommittee met on April 8 with representatives of the Justice Court administration,the City Attorney's Office,and the Transportation Division. After the April 8 subcommittee meeting the Administration revised the proposed amendments and forwarded a legislative version of the amendments on July 11. Subcommittee members then approved calendaring the latest version of the amendments for a briefing before the full Council on September 10. According to City Council staff notes,the April 8 subcommittee meeting centered on three issues. 1. Should people with disabilities be treated as a special category of people that vehicles should yield to in marked or unmarked crosswalks?(Included in Section 12.76.045 of the draft ordinance) 2. Should all auto-pedestrian accidents caused by the negligent operation of a vehicle that result in injury to a pedestrian be prosecuted as criminal actions?(Section 12.52.355 of the proposed amendments provides that accidents that result in "serious bodily injury"to pedestrians would be prosecuted as criminal offenses,but accidents that result in "bodily injury"to pedestrians would be prosecuted as civil offenses.) 3. What should be the difference between "serious bodily injury"and "substantial bodily injury?"(Section 12.52.355 of the proposed amendments has changed"substantial bodily injury"to "bodily injury.") According to Council staff notes,the subcommittee voted 2-1 to retain the proposed Section 12.76.045 that dealt with drivers yielding to people with disabilities and provided an enhanced penalty for drivers issued citations for not yielding the right of way.However,the subcommittee said the issue should be discussed further by the full Council. The subcommittee also voted 2-1 to have all auto-pedestrian accidents caused by the negligent operation of vehicles that resulted in injuries to pedestrians prosecuted as criminal offenses. 2 The subcommittee then discussed the difference between definitions of "serious bodily injury"and"substantial bodily injury." The draft proposal discussed at the March 5 meeting defined"serious bodily injury"as"bodily injury that creates or causes serious permanent disfigurement,protracted loss or impairment of the function of any bodily member or organ or creates a substantial risk of death." The March 5 draft proposal defined"substantial bodily injury"as"bodily injury,not amounting to serious bodily injury that creates or causes protracted physical pain,temporary disfigurement,or temporary loss or impairment of the function of any bodily member or organ." According to Council staff notes, Council Member Lambert suggested that the definition of"serious bodily injury"should include"the protracted loss or impairment of more than one year or six months"but no less than six months. NEW AMENDMENTS The new amendments to the proposed ordinance retain Section 12.76.045,dealing with drivers yielding to people with disabilities and providing an enhanced penalty for drivers issued citations for not yielding the right of way. The amendments also define—in Section 12.52.355—"serious bodily injury"as"bodily injury that creates or causes serious permanent disfigurement,protracted loss or impairment of the function of any bodily member or organ for longer than six months,or creates a substantial risk of death."The amendments change"substantial bodily injury"to"bodily injury"and define it as"injury not amounting to serious bodily injury." Where the new proposed amendments appear to differ with the subcommittee is negligent operation of a vehicle causing serious bodily injury or death is included as a criminal offense,but negligent operation of a vehicle causing only bodily injury "shall be deemed guilty of a civil violation." A couple of things might be noted: A May 25, 2001,City Council staff memorandum quoted the City Attorney Office as saying that the decision to split penalties based on the degree of injuries resulting from an accident was based upon discussions among the City Attorney's Office,the City Prosecutor and the Administrative Law Judge.The City Attorney's Office said in May 2001 that final determination of whether penalties should be split between criminal and civil administration remains with the City Council. Given that Justice Courts have replaced Administrative Law Courts,what arguments remain for differentiating between criminal and civil offenses in accidents resulting in injuries to pedestrians? Section 2.75.020 regulating incidents involving the failure of vehicles to yield to people with disabilities requires a mandatory appearance before a Justice Court judge and enhanced penalties. The section also requires a mandatory appearance before a Justice Court judge and the potential for enhanced civil penalties. In a related issue,the Administration has suggested that the City Council compare part of the proposed amendment in Section 12.76.045 to the current ordinance's Section 12.76.030.Both sections involve drivers'duties to yield to pedestrians. 3 Part of the proposed amendment in Section 12.76.045 reads, " ... vehicles shall yield the right of way to pedestrians by slowing or coming to a complete stop while such pedestrian is within a marked or unmarked crosswalk and is in the vehicle's travel lane or adjoining lane." Part of the current ordinance's Section 12.76.030 reads,"... the driver of a vehicle shall yield the right of way by coming to a complete stop to allow a pedestrian to cross the roadway when the pedestrian is in the crosswalk any place upon that half of the roadway upon which the vehicle is traveling,or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger ..." According to the Administration, is that under the proposed language in the amendment a "moving auto-free pocket"would be created around a pedestrian crossing a street.However,the language also would allow vehicles on streets that have multiple lanes to continue to through crosswalks while a pedestrian is in the crosswalk, if the lane the vehicle is in is not in the lane next to the pedestrian. It is Council staff's recollection that in earlier briefings the City Council was satisfied with the language in the proposed amendment.However,on reflection it appears to staff that the language in the existing section 12.76.030 may be the more stringent requirement for drivers to follow. Finally,the City Council may want to deal with the issue of yielding to pedestrians at the edges of crosswalks. It should be noted that at the March 5 meeting of the full City Council then-City Attorney Roger Cutler indicated that requiring drivers to yield to pedestrians waiting at a curb near a crosswalk conflicted with State law.He said an ordinance enacting that requirement would result in the dismissal of traffic citations and suggested that the Council pursue changing State law was a better way to approach the issue. In July the Utah League of Cities&Towns Legislative Policy Committee considered a list of issues for the Policy Committee to pursue actively during the Legislature's 2003 session. The list included"pedestrian safety issues"such as protecting pedestrians at the edges of crosswalks.However,the Policy Committee voted to make the State's tax policies affecting municipalities its first priority in the 2003 session. The City Council may wish to consider whether it should pursue changing State law to protect pedestrians at the edges of crosswalks a legislative priority of its own. Doing that probably would involve having a legislator sponsor a bill to amend State law. 4 JUL 1 1. 2002 SALT LAKE CITY ORDINANCE No. of 2002 m (Traffic code amendments) AN ORDINANCE AMENDING SECTION 2.75.020, SALT LAKE CITY CODE, PERTAINING TO HEARING OFFICER; AMENDING SECTION 12.04.110, SALT LAKE CITY CODE, PERTAINING TO CROSSWALK; AMENDING SECTION 12.04.120, SALT LAKE CITY CODE, PERTAINING TO CROSSWALK LINE; ENACTING SECTION 12.04.235, SALT LAKE CITY CODE, PERTAINING TO MARKED CROSSWALK; ENACTING SECTION 12.04.595, SALT LAKE CITY CODE, PERTAINING TO UNMARKED CROSSWALK; AMENDING SECTION 12.12.010, SALT LAKE CITY CODE,PERTAINING TO OBEDIENCE TO TRAFFIC CODE; AMENDING SECTION 12.12.015, SALT LAKE CITY CODE, PERTAINING TO OBEDIENCE TO CIVIL TRAFFIC VIOLATIONS; AMENDING SECTION 12.20.030, SALT LAKE CITY CODE, PERTAINING TO MISDEMEANOR CITATION WHEN IMMEDIATE APPEARANCE IS NOT MADE; ENACTING SECTION 12.20.035, SALT LAKE CITY CODE, PERTAINING TO CIVIL VIOLATION CITATIONS; REPEALING SECTION 12.20.040, SALT LAKE CITY CODE, PERTAINING TO VIOLATING PROMISE TO APPEAR; AMENDING SECTION 12.24.012,SALT LAKE CITY CODE, PERTAINING TO VIOLATION OF RESTRICTED LICENSE; AMENDING THE TITLE TO SECTION 12.24.115, SALT LAKE CITY CODE, PERTAINING TO CIVIL VIOLATION FOR DRIVING ON A SUSPENDED LICENSE OTHER THAN ALCOHOL OR CONTROLLED SUBSTANCE OR STATE VIOLATION RELATED; AMENDING THE TITLE TO SECTION 12.24.120, SALT LAKE CITY CODE, PERTAINING TO ALCOHOL OR CONTROLLED SUBSTANCE OR STATE VIOLATION FOR DRIVING ON A SUSPENDED LICENSE; AMENDING SECTION 12.28.010, SALT LAKE CITY CODE, PERTAINING TO STATE VEHICLE INSPECTIONS; AMENDING SECTION 12.28.020, SALT LAKE CITY CODE, PERTAINING TO VEHICLE REGISTRATION AND LICENSE PLATES; AMENDING SECTION 12.28.090, SALT LAKE CITY CODE, PERTAINING TO LIGHTS,BRAKES, AND OTHER EQUIPMENT; REPEALING SECTION 12.32.030, SALT LAKE CITY CODE, PERTAINING TO COLOR INDICATIONS FOR SIGNALS -DRIVERS AND PEDESTRIAN DUTIES; REPEALING SECTION 12.32.040, SALT LAKE CITY CODE, PERTAINING TO FLASHING RED OR YELLOW SIGNALS; ENACTING SECTION 12.32.045, SALT LAKE CITY CODE, PERTAINING TO VEHICULAR SIUGNAL INDICATIONS - DRIVER AND PEDESTRIAN DUTIES; REPEALING SECTION 12.32.050, SALT LAKE CITY CODE, PERTAINING TO PEDESTRIAN"WALK"AND "DON'T WALK" SIGNALS; ENACTING SECTION 12.32.055, PERTAINING TO PEDESTRIAN SIGNAL INDICATIONS; AMENDING SECTION 12.36.040, SALT LAKE CITY CODE, PERTAINING TO SPEED OR ACCELERATION CONTESTS; AMENDING SECTION 12.44.020, SALT LAKE CITY CODE, PERTAINING TO OVERTAKING AND PASSING VEHICLES PROCEEDING IN SAME DIRECTION; AMENDING SECTION 12.44.130, SALT LAKE CITY CODE, PERTAINING TO TURNING MOVEMENTS AND SIGNAL REQUIREMENTS; ENACTING SECTION 12.52.355, SALT LAKE CITY CODE, PERTAINING TO NEGLIGENT OPERATION CAUSING PERSONAL INJURY OR DEATH; REPEALING SECTION 12.56.030, SALT LAKE CITY CODE, PERTAINING TO VEHICLE STATE INSPECTION CERTIFICATES; AMENDING SECTION 12.56.100, SALT LAKE CITY CODE, PERTAINING TO PARKING OPPOSITE TRAFFIC; REPEALING SECTION 12.76.020, SALT LAKE CITY CODE, 2 PERTAINING TO PEDESTRIAN RIGHTS OBEDIENCE TO TRAFFIC CONTROL SIGNALS; REPEALING SECTION 12.76.030, SALT LAKE CITY CODE, PERTAINING TO RIGHT-OF-WAY IN CROSSWALKS VEHICLE REQUIREMENTS; REPEALING SECTION 12.76.040, SALT LAKE CITY CODE, PERTAINING TO VEHICLE STOPPED AT CROSSWALK—PASSING PROHIBITED; AND ENACTING SECTION 12.76.045, SALT LAKE CITY CODE,PERTAINING TO YIELDING RIGHT-OF-WAY AT MARKED OR UNMARKED CROSSWALKS —DRIVER AND PEDESTRIAN DUFFS. Be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. That Section 2.75.020, Salt Lake City Code, pertaining to hearing officer be, and the same hereby is, amended to read as follows: 2.75.020 Hearing Officer: A. Duties: Consistent with the policies and procedures promulgated by the justice court,the hearing officer may adjust and set, as authorized, sums due as civil penalties, surcharges, and assessments owed; certify to the State that violations did occur so that points may be assessed to the violator pursuant to Utah Code Annotated section 53-3-221; reduce civil penalties owed; dismiss citations, upon payment of fees and attendance at traffic school; enter into agreements for the timely or periodic payment of penalties, surcharges and assessments; and perform such other duties as deemed necessary or desirable by the justice court to carry out the purposes of this Chapter in accordance with justice and equity. E. Accountability: The hearing officer shall serve as staff for the justice court but shall be supervised as an employee, under the direction of the City Director of Management Services or his/her designee. 3 F. Exceptions: Regardless of provisions in this Section to the contrary, violations of the following City Code sections shall require a mandatory appearance before a judge of the justice court for disposition, and shall not be disposed of by a hearing officer: 1. Section 12.36.040. 2. Section 12.48.070. 3. Section 12.48.080. 4. Section 12.48.100. 5. Section 12.52.355C. 6. Subsection A1(a) of Section 12.76.045. 7. Subsection A1(b) of Section 12.76.045 for a second and for each subsequent violation within one (1)year of a previous conviction or forfeiture of penalty for a violation of said subsection. SECTION 2. That Section 12.04.110, Salt Lake City Code, pertaining to crosswalk be, and the same hereby is, amended to read as follows: 12.04.110 Crosswalk. "Crosswalk" means (a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street or highway, measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the sidewalk at right angles to the centerline; (b)-also any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 4 SECTION 3. That Section 12.04.120, Salt Lake City Code, pertaining to crosswalk line be, and the same hereby is, amended to read as follows: 12.04.120 Crosswalk lines. "Crosswalk lines" means a single white pavement marking lines that identify a crosswalks not 'ess than six inches i width, pain+ den a street marking the outlying limits of a pedestrian crossing. SECTION 4. That Section 12.04.235, Salt Lake City Code, pertaining to marked crosswalk be, and the same hereby is, enacted to read as follows: 12.04.235 Marked Crosswalk. "Marked crosswalk"means a crosswalk for which the lateral lines are marked upon the surface of the roadway. SECTION 5. That Section 12.04.595, Salt Lake City Code,pertaining to unmarked crosswalk be, and the same hereby is, enacted to read as follows: 12.04.595 Unmarked Crosswalk. "Unmarked crosswalk"means a crosswalk for which the lateral lines are not marked upon the surface of the roadway. SECTION 6. That Section 12.12.010,Salt Lake City Code, pertaining to obedience to traffic code be, and the same hereby is, amended to read as follows: 12.12.010 Obedience To Traffic Code Required: A. Unlawful Acts: It is unlawful for any person to: 1. Do any act prohibited by this Title; 2. Fail or refuse to do any act required by this Title; 5 3. Operate any vehicle in violation of any provision of this Title; or 4. Operate any vehicle unless such vehicle is equipped and maintained in compliance with this Title. B. EnhancementMisdemeanef On Third Conviction: Upon a third conviction of any moving violation, whether the same violation or different violations, within the prior twelve(12) month period, such third violation is subject to enhancement equivalent to the fine set forth at Section 1.12.050, or its successor or as otherwise provided by lawspecifically designated as a Class B misdemeanor. C. Infraction And Misdemeanor Penalties: A person convicted of an infraction or a Class B misdemeanor, as provided in this Section, shall be punishable as provided by Section 1.12.050 of this Code, or its successor. SECTION 7. That Section 12.12.015, Salt Lake City Code, pertaining to obedience to civil traffic violations be, and the same hereby is, amended to read as follows: 12.12.015 Civil Traffic Violations: A. Civil violations: Any person guilty of violating any provision of this title shall be deemed guilty of a civil traffic violation, unless such offense is specifically designated as a Class B or Class C misdemeanor or an infraction. B. The following violations of this Title shall be Class B misdemeanors: 1. Sections 12.16.010 through 12.16.120, (a moving violation that would be a Class B misdemeanor in a criminal proceeding) except for Section 12.16.060; 2. Section 12.24.070 (alcoholic beverages in vehicles); 3. Section 12.24.080 (intoxicated person in or about vehicles); 6 4. Section 12.24.100 (driving under the influence of drugs or alcohol); 5. Section 12.24.120 (driving on denied, suspended or revoked license); 6. Section 12.52.350(reckless driving); 7. Section 12.52.355B (Negligent Operation Causing Serious Bodily Injury or Death); 87. When any violation of this Title 12 occurs in conjunction with any of the violations listed above or in conjunction with any other criminal violation of this Code or of State or Federal law. SECTION 8. That Section 12.20.030, Salt Lake City Code, pertaining to misdemeanor citation when immediate appearance is not made be, and the same hereby is, amended to read as follows: 12.20.030 Misdemeanor Citation When Immediate Appearance Is Not Made: A. Upon any Class B misdemeanor violation of this Title, whenever a person is not immediately taken before a magistrate as provided in the preceding Section, the police officer shall prepare in triplicate or more copies, a misdemeanor citation, shall issue one copy of which to the person subject to arrest or prosecution, and shall, within five (5) days, file duplicate copies with the court specified in the citation. B. Each copy of the citation issued under authority of this Title shall contain: 1. The name of the court before which the person is to appear; 2. The name of the person cited; 3. A brief description of the offense charged; 4. The date, time and place at which the offense is alleged to have occurred; 7 5. The date on which the citation was issued; 6. The name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate; 7. The time and date on or before and after which the person is to appear; 8. The address of the court in which the person is to appear; and 9. A notice containing substantially the following language: READ CAREFULLY This citation is not a complaint and will not be used as a complaint without your consent. If a complaint is filed you will be provided a copy by the court. You MUST appear on or before the time set in this citation. IF YOU FAIL TO APPEAR A COMPLAINT WILL BE FILED AND THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. C. Any person who wilfully fails to appear before a court pursuant to a citation issued under this Section is guilty of a misdemeanor, regardless of the disposition of the charge upon which such person was originally cited. SECTION 9. That Section 12.20.035,Salt Lake City Code, pertaining to civil violation citations be, and the same hereby is, enacted to read as follows: 12.20.035 Civil violation citation when immediate appearance is not made. A. Upon any civil violation of this title, the enforcement officer shall: (1)prepare in as many copies as may be needed, a civil violation citation, (2) shall issue one copy to the person subject to prosecution, and (3) shall, within five days, file duplicate copies or an electronic copy with the administrative enforcement office as specified in the citation. 8 B. Each copy of the citation issued under authority of this title shall contain: 1. The name and address of the administrative enforcement office before which the person is to appear; 2. The name of the person cited; 3. A brief description of the violation charged; 4. The date, time and place at which the violation is alleged to have occurred; 5. The date on which the citation was issued; 6. The name of the enforcement officer who issued the citation; 7. The time and date on or before and after which the person is to appear; 8. A notice containing substantially the following language: CITATION AND NOTICE TO APPEAR You are required to pay or appear within 20 days from the date of this citation. Failure to follow the instructions on the back of the citation may result in increased costs, attorney fees and other penalties provided by law. SECTION 10. That Section 12.20.040, Salt Lake City Code, pertaining to violating promise to appear be, and the same hereby is, repealed. A. Any person wilfully violating such person's written promise to appear in court, charge upon which such person was originally arrested. B. A written promise to appear in court may be complied with by an appearance by counsel. 9 SECTION 11. That Section 12.24.012, Salt Lake City Code, pertaining to violation of restricted license be, and the same hereby is, amended to read as follows: 12.24.012 Violation of restricted license. A. It is unlawful for any person to drive a motor vehicle upon the streets of the city in any manner in violation of the restrictions or endorsements imposed in a restricted operator's license or a temporary learner peiinit granted to such person by the state or by such person's home state or country. B. It is unlawful for any person to drive a commercial motor vehicle as defined by Section 53-3-102, Utah Code Annotated, or its successor, upon the streets of the city in any manner in violation of the restrictions or endorsements imposed in a restricted commercial driver license or temporary learner permit granted under Title 53, Chapter 3, Part 4, Utah Code Annotated, or its successor. SECTION 12. That the title to Section 12.24.115, Salt Lake City Code, pertaining to civil violation for driving on a suspended license other than alcohol or controlled substance or state violation related be, and the same hereby is, amended to read as follows: as follows: 12.24.115 Civil Violation -Non-alcohol and non-controlled-substance-related dDriving QProhibited wWhile dDriving Orivilege dIenied, sSuspended, dIisqualified, oOr rRevoked: SECTION 13. That the title to Section 12.24.120, Salt Lake City Code, pertaining to alcohol or controlled substance or state violation for driving on a suspended license be, and the same hereby is, amended to read as follows: 10 as follows: 12.24.120 Class B Misdemeanor-Alcohol and controlled-substance-related dDriving Prohibited wWhile dDriving pPrivilege denied, sSuspended, dDisqualified, oOr rRevoked: Penalty: SECTION 14. That Section 12.28.010, Salt Lake City Code, pertaining to state vehicle inspections be, and the same hereby is, amended to read as follows: 12.28.010 State vehicle inspection eef* rte-required. No person shall drive, stop or park, nor shall any owner or person in possession cause or knowingly permit to be driven, stopped or parked on any street or alley within this city any vehicle which is required under the laws of the state of Utah to be inspected, unless such vehicle has been inspected a _ attached there+-i i-r--r-- pe sitio u alia and nexpired certifi of inspection as required by the laws of the state. SECTION 15. That Section 12.28.020, Salt Lake City Code, pertaining to vehicle registration and license plates required be, and the same hereby is, amended to read as follows: as follows: 12.28.020 Vehicle registration and license plates required. A. Every vehicle, at all times while being driven, stopped or parked upon the streets or alleys of this city, shall: 1. Be registered in the name of the owner thereof in accordance with the laws of the state, unless such vehicle is not required by the laws of Utah to be registered in this state; 32. Display in proper position two valid, unexpired registration plates, one on the front and one on the rear of such vehicle; and 11 24. When required, current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state, and free from defacement, mutilation, grease and other obscuring matters so as to be plainly visible and legible at all times. B. However, if such vehicle is not required to be registered in this state, and the indicia of registration issued by another state, territory, possession or district of the United States, or of a foreign country, substantially complies with the provisions hereof, such registration shall be considered compliance with this code. C. Every commercial vehicle, as defined by Section 53-3-102, Utah Code Annotated, at all times while being driven, stopped or parked upon the streets or alleys of this city, shall meet the requirements of this Section 12.28.020. SECTION 16. That Section 12.28.090,Salt Lake City Code, pertaining to lights, brakes, and other equipment be, and the same hereby is, amended to read as follows: as follows: 12.28.090 Lights, brakes, and other equipment. A. No person shall drive, move, stop or park, nor shall the owner or person in possession cause or knowingly permit to be driven, moved, stopped or parked on any street or alley, any vehicle: 1. Which is in such unsafe condition as to endanger any person or property; 2. Which is not equipped with those serviceable lamps, reflectors, brakes, horn and other warning and signaling devices, windows, windshields, windshield wipers, minors, mufflers, fenders, tires, and other parts and equipment in the position, condition and adjustment meeting the requirements of the laws of the state as to such parts and equipment; 12 3. Which, when upon a street or highway, is operating more than four head lamps, auxiliary lamps and/or spot lamps on the front of such vehicle, each projecting a beam of an intensity greater than 300 candle power at any one time. 43. Which is of such size, weight or condition, or is loaded or equipped in such manner as is in violation of the laws of the state with respect to such vehicle. B. No person shall do any act forbidden or fail to perform any act required by the laws of the state relating to tires, lamps,brakes, fenders, horns, sirens, whistles, bells and other parts and equipment, and size, weight and load of any vehicle; provided, however, an authorized emergency vehicle may be equipped with and may display flashing lights which do not indicate a right or left turn. C. Any motorcycle or motor-driven vehicle carrying a passenger on a public highway, other than in a side car or enclosed cab shall be equipped with footrests for such passenger. D. No person shall operate any motorcycle or motor-driven cycle with handlebars above shoulder height. E. No person under eighteen years of age shall operate or ride upon a motorcycle or motor-driven cycle upon a public highway unless such person is wearing protective headgear which complies with standards established by the State Commissioner of Public Safety. This subsection shall not apply to persons riding within a closed cab. SECTION 17. That Section 12.32.030 of the Salt Lake City Code, pertaining to Color Indications For Signals—Driver and Pedestrian Duties be, and is hereby repealed. 13 II 11 11 II II II apply to drivers of vehicles and pedestrians as follows: 1. "Green" Alone. a. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic shall yield the right of way to other such vehicles and to pedestrians lawfully within the inter-seetien-at-the-time-seeh-signal-is-exhihi-teEh b. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. •ceady cello I'x Alone en Sho'oking Following the "Green" Sign 1. a. Vehicular traffic facing the signal is thereby warned that the "Red" signal will intersection when the "Red" signal is exhibited. time to cross the roadway, and any pedestrians then starting to cross shall yield the right of way to all vehicles. 3. Steady "Red" Alone. crosswalk at an intersection or at such another point as may be indicated by a clearly 1 , 14 • prohibited by a sign, may cautiously enter the intersection for the purpose of making a turn to the right, but shall not interfere with other traffic nor endanger pedestrians lawfully within a crosswalk. b. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. /I. Steady "Red" with "Green Arrow." a. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. b. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. B. In the event an official traffic control signal is erected and maintained at a place other than an intersection, the previsions-of this section shall be applicable except as to those provisions which by their nature have ne-application. Any step required shall be made at a sign of any .,.king the step sh.,l l be maele at the al SECTION 18. That Section 12.32.040 of the Salt Lake City Code, pertaining to flashing red or yellow signals be , and the same is hereby repealed. 12.32.040 Flashing redo yellow r als 15 A-.--Whenever-an-illuminated flashing red or yellow signal sea ^ traffic cant,., 1 device it shall r i obedio r f f n .., �.:1:: � v v.,.,�.Jirace-o��TcnzrcLrrzvrivws: entering the n est crosswalk,whether painted or not or, if none, then before entering the a stop at a stop sign. 2. Flashing Yellow or Amber(Caution Signal). When a yellow lens is illuminated with rapid intermittent flashes,drivers of vehicles may proceed through the intersection or past such signal only with caution. B. Pedestrians facing a flashing red or yellow signal may proceed to cross the caution. Drivers of vehicles shall yield the right of way to pedestrians lawfully crossing a roadway at such intersections. SECTION 19. That Section 12.32.045, pertaining to the meaning of vehicular signal indications-driver and pedestrian duties be, and is hereby enacted, to read as follows: 12.32.045 Meaning of Vehicular Signal Indications-Driver and Pedestrian Duties. A. The following meanings shall be given to highway traffic signal indications for vehicles and pedestrians. Yielding duties between drivers and pedestrians are further defined in Section 12.76.045 of this Title or its successor. 1. Steady green signal indications shall have the following meanings: 16 a. Traffic, except pedestrians, facing a CIRCULAR GREEN signal indication may proceed straight through or turn right or left except as such movement is modified by lane-use signs, turn prohibition signs, lane markings, or roadway design. But vehicular traffic, including vehicles turning right or left, shall yield the right-of- way to other vehicles within the intersection, and to pedestrians, at the time such signal indication is exhibited. b. Traffic, except pedestrians, facing a GREEN ARROW signal indication, shown alone or in combination with another signal indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other signal indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians and to other traffic using the intersection. c. Unless otherwise directed by a pedestrian signal, pedestrians facing any green signal indication, except when the signal indication is a turn arrow for a vehicular movement in conflict with the desired path of the pedestrian, may proceed across the roadway within any marked or unmarked crosswalk. 2. Steady yellow signal indications shall have the following meanings: a. Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal indication is thereby warned that the related green movement is being terminated or that a red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. 17 b. Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal indication, unless otherwise directed by a pedestrian signal, are thereby advised that there is insufficient time to cross the roadway before a red signal indication is shown, and no pedestrian shall then start to cross the roadway. 3. Steady red signal indications shall have the following meanings: a. Vehicular traffic facing a steady CIRCULAR RED signal indication alone shall stop at a clearly marked stop line. If there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk,then before entering the intersection. Such traffic shall remain stopped until a signal indication to proceed is shown, or as provided below. Except when a sign is in place prohibiting a turn on red or a RED ARROW signal indication is displayed, vehicular traffic facing a CIRCULAR RED signal indication may enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping. Such vehicular traffic shall yield the right-of-way to pedestrians and to other traffic using the intersection. b. Vehicular traffic facing a steady RED ARROW signal indication shall not enter the intersection to make the movement indicated by the arrows Jexcept as described in the Option stated below in this subsection(A)(3)(b)] and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly-marked stop line. If there is no stop line, said vehicular traffic shall stop before entering the crosswalk on the near side of the intersection, or if there is no crosswalk, then before entering the intersection, and shall 18 remain stopped until a signal indication permitting the movement indicated by such RED ARROW is shown. Option: Where turns are allowed on red and the signal indication is an arrow, a sign may be used to indicate that turns are allowed on red after stopping. c. Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED or RED ARROW signal indication alone shall not enter the roadway. 4. Flashing signal indications shall have the following meanings: a. Flashing yellow- When a yellow lens is illuminated with rapid intermittent flashes, vehicular traffic may proceed through the intersection or past such signal indication only with caution. b. Flashing red- When a red lens is illuminated with rapid intermittent flashes, vehicular traffic shall stop at a clearly marked stop line. If there is no stop line,traffic shall stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the rules applicable after making a stop at a STOP sign. c. Flashing RED ARROW and flashing YELLOW ARROW signal indications have the same meaning as the corresponding flashing circular signal indication, except that they apply only to vehicular traffic intending to make the movement indicated by the arrow. 19 d. Pedestrians facing a flashing red or yellow signal may proceed to cross the roadway in a crosswalk only after ascertaining that it is safe to do so and then only with due caution. Vehicular traffic shall yield the right-of-way to pedestrians crossing a roadway at such intersections. B. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions that by their nature have no application. Any stop required shall be made at a sign or marking on the highway pavement indicating where the stop shall be made, but in the absence of any sign or marking the stop shall be made at the signal. SECTION 20. That Section 12.32.050, Salt Lake City Code, pertaining to pedestrian "walk" and"don't walk" signals be, and the same hereby is, repealed. 2.32.050 Pedestrian "Walk" and "Don't Walk" signals. Whenever special pedestrian control signals exhibiting the words "Walk," "Wait" or "Don't A. "Walk." Pedestrians facing such signal may proceed across the roadway in the direction Fth 1 ,t h ll b r, the r g t e f way by the strivers o f.ill „ehicles B. "Wait" or "Don't Walk." No pedestrian shall start to cross the roadway in the direction-of such signal, but any pedestrian who has partially completed his or her crossing on the "Walk" signal shall proceed to the nearest sidewalk or safety zone while the "Wait" or "Don't Walk" signal is showing, and remain there until the "Walk" signal is shown alone. (Prior code Title 116, Art. 1 § 85) 20 SECTION 21. That Section 12.32.055, pertaining to pedestrian signal indications, be, and is hereby enacted to read as follows: 12.32.055 Pedestrian Signal Indications. Whenever a pedestrian signal is in place and operating, the illuminated words or symbols shall indicate and govern pedestrians as follows: A. A steady white WALK or WALKING PERSON (symbolizing WALK) signal indication means that, exercising due caution, a pedestrian facing the signal indication may start to cross the roadway in the direction of the signal indication. B. A flashing orange DONT WALK or UPRAISED HAND (symbolizing DONT WALK) signal indication means that a pedestrian shall not start to cross the roadway in the direction of the signal indication, but that any pedestrian who has already started to cross on a steady white WALK or WALKING PERSON (symbolizing WALK) signal indication may complete crossing the roadway. C. A steady orange DONT WALK or UPRAISED HAND (symbolizing DONT WALK) signal indication means that a pedestrian shall not enter the roadway in the direction of the signal indication. D. A COUNTDOWN CLOCK(displaying time in seconds remaining in the pedestrian crossing phase) in conjunction with the flashing orange UPRAISED HAND means that a pedestrian facing the signal indication may start to cross the roadway in the direction of the signal indication, but only if such pedestrian is able to safely walk completely across the street or to a safety island before the COUNTDOWN CLOCK shows no remaining time. 21 SECTION 22. That Section 12.36.040, Salt Lake City Code, pertaining to speed or acceleration contests be, and the same hereby is, amended to read as follows: 12.36.040 Speed or acceleration contests prohibited. No person shall engage in any vehicle speed contest or exhibition, or in any vehicle acceleration contest or exhibition on any street or alley, and no person shall aid or abet any such vehicle speed contest or exhibition or acceleration contest or exhibition on any street or alley. It shall not be a defense that there was no apparent observer present to view such speed contest or exhibition. SECTION 23. That Section 12.44.020, Salt Lake City Code, pertaining to overtaking and passing vehicles proceeding in same direction be, and the same hereby is, amended to read as follows: 12.44.020 Overtaking and passing vehicles proceeding in same direction. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the following provisions: A. The driver of a vehicle, overtaking another vehicle proceeding in the same direction, shall pass to the left at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle. B. The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and may not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. C. On a road having more than one lane in the same direction, the driver of a vehicle traveling in a left lane shall, upon being overtaken by another vehicle in the same lane, yield to 22 the overtaking vehicle by moving safely to the right, and may not impede the movement or free flow of traffic in a left lane except: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement; 2. When preparing to turn left; 3. When reasonably necessary in response to emergency conditions; 4. To avoid actual or potential traffic moving onto the right lane from an acceleration or merging lane; or 5. When necessary to follow the highway direction signs that direct use of a lane other than the right lane. D. Violation of this section is a civil violation to be handled under Chapter 2.75Class B-misslemeamar. SECTION 24. That Section 12.44.130, Salt Lake City Code, pertaining to turning movements and signal requirements be, and the same hereby is, amended to read as follows: 12.44.130 Turning movements-Signal requirements. A. No person shall turn a vehicle at an intersection unless the vehicle is in a proper position upon the roadway, as required in Section 12.44.120, or its successor, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course, or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement. 23 B. A signal of intention to turn right or left or to change lanes shall be given continuously for at least the last three seconds preceding the beginning of the turn or change. C. Signals required on vehicles by Section 12.44.140, or its successor, shall not be flashed on one side only on a disabled vehicle; or as a courtesy or "do pass" to operators of other vehicles approaching from the rear; and shall not be flashed on one side only of a parked vehicle, except as may be necessary for compliance with this section. SECTION 25. That Section 12.52.355, Salt Lake City Code, pertaining to vehicle operation causing injury to person be, and the same hereby is, enacted to read as follows: 12.52.355. Negligent Operation Causing Personal Injury or Death. A. (1) "Serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement, protracted loss, or impairment of the function of any bodily member or organ for longer than six months, or creates a substantial risk of death. (2) "Bodily injury" means injury not amounting to serious bodily injury. B. The operator of any vehicle who negligently fails to yield the right of way as required by any section of this title which failure is the direct proximate cause of serious bodily injury or death to any person, whether such injured or deceased person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of a Class B misdemeanor. C. The operator of any vehicle who negligently fails to yield the right of way, as required by any section of this title, which failure is the direct proximate cause of bodily injury to any person, whether such injured person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of a civil violation. Said violation shall be handled as provided by Chapter 2.75 of this Code. 24 SECTION 26. That Section 12.56.030, Salt Lake City Code, pertaining to vehicle state inspection certificates be, and the same hereby is, repealed. 12.56.030 Vehicl„s State ; ectio„ certifcat No person shall drive, stop or park,nor sh knowingly permit to be driven, stepped er parked en any street or alley within this city any vehicle which is required under the laws-of the state of Utah to be inspected, unless such vehicle of inspection as required by the laws of the state. SECTION 27. That Section 12.56.100, Salt Lake City Code, pertaining to parking opposite traffic be, and the same hereby is, amended to read as follows. 12.56.100 Stopping or parking upon roadways . No person shall stand or park a vehicle in a roadway provided with curb other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and roadway, except as otherwise provided in this chapter. A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. B. Every vehicle stopped or parked upon a one-way roadway shall be stopped orparked parallel to the curb or edge of the roadway in the direction of authorized traffic movement with 25 its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its left-hand wheels within twelve inches of the left- hand curb or as close as practicable to the left edge of the left-hand shoulder. SECTION 28. That Section 12.76.020 of the Salt Lake City Code, pertaining to Pedestrian Rights Obedience to Traffic Control Signals, be, and the same is hereby repealed. 12 7� 02n Pedestrian nights Obedience T„ Traffc Control Signals• i L..i v.v�.v i �.uv Pedestrians shall be subject to traffic control signals as heretofore declared in Sections 12.32.030, 12.32.0'10 and 12.32.050 of this Title, or successor sections, but at all other places pedestrians shall be granted those rights and be subject to those restrictions stated in this Chapter. SECTION 29. That Section 12.76.030,pertaining to right of way in crosswalks—vehicle requirements be, and the same hereby is, repealed. 12.76.030 Right Of Way In Crosswalks Vehicle Requirements: When traffic control signals are not in place or not in operation, the driver of a vehicle roadway when the pedestrian is in the crosswalk any place upon that half of the roadway upon lane of traffic. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. (Prior code Title '16, Art. 17 § 265) 26 SECTION 30. That Section 12.76.040, pertaining to vehicles stopped at a crosswalk- parking prohibited be, and the same hereby is, repealed. 122.7� 010 \7 h 1 topes ,a t ss l D h•bite� v.o-r v � ezzi cru szvpP c�cc�cro��so o'aric-z-ccs�iixg-prvxzv i c�� Whenever any vehicle is stopped at a marked or unmarked crosswalk to permit a pedestrian to cross the roadway, the driver of any othervehicle approach ng from the-rear shall not overtake and pass—suc stopped vehicle• 'fir-cede-T-itle-46, SECTION 31. That Section 12.76.045,pertaining to yielding the right-of-way at marked or unmarked crosswalks or at crosswalk entrance zones—driver and pedestrian duties be, and is hereby, enacted to read as follows: 12.76.045 Yielding Right-of-Way at Marked or Unmarked Crosswalks —Driver and Pedestrian Duties A. Driver Duties. 1. With regard to marked or unmarked crosswalks, vehicles shall yield the right-of- way to: (a) (i) pedestrians carrying a brightly colored flag customarily used by pedestrians in the City while crossing a street within a crosswalk; (ii)pedestrians using a white cane or a service animal customarily used by pedestrians having visual impairments; (iii)pedestrians using a wheelchair or similar wheeled mechanical, electrical or motorized vehicle customarily used by pedestrians having mobility impairments; 27 (iv) pedestrians exhibiting signs of impairment or infirmity of any kind, including, but not limited to, infirmity resulting from advanced age; and (b) all other pedestrians by slowing or coming to a complete stop while such pedestrian is within a marked or unmarked crosswalk and is in the vehicle's travel lane or adjoining lane. 2. Whenever a vehicle is slowing or stopped at a marked or unmarked crosswalk, all approaching vehicles traveling in the same direction as the slowing or stopped vehicle shall also slow or stop to verify that no pedestrian is within their travel lane or an adjoining lane in a marked or unmarked crosswalk. 3. A vehicle turning onto an adjacent roadway shall yield the right-of-way to pedestrians as explained in subsections 1 and 2 above. B. Increased penalty. 1. The civil penalty to be assessed against a person for each violation of subsection AI(a) of this section may be increased beyond the penalty ordinarily assessed for such violation. up to the maximum penalty provided by Section 1.12.050 of this code, or its successor. 2. The civil penalty ordinarily assessed for a violation of subsection A 1(b) of this section may be increased for a second and for each subsequent violation within one (1) year of a previous conviction or forfeiture of penalty for a violation of said subsection. C. Pedestrian Duties. 1. Whenever traffic or pedestrian signals are in place and operation the illuminated indications shall govern pedestrians as explained in Sections 12.32.045 and 12.32.055 or 28 their successors. At all other locations pedestrians shall be granted those rights and be subject to those restrictions stated in this Chapter. 2. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. SECTION 32. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of , 2002. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on . Mayor's Action: Approved. Vetoed. MAYOR CHI PF DEPUTY CITY RECORDER (SEAL) Bill No. of 2002. 29 Published: ATTEST: C\Traffic Code Amendments 7-I 1-02 draft doe 30 • Aug 1 1 2002 r SALT LAKE CITY ORDINANCE No. of 2002 (Traffic code amendments) AN ORDINANCE AMENDING SECTION 2.75.020,SALT LAKE CITY CODE, PERTAINING TO HEARING OFFICER; AMENDING SECTION 12.04.110,SALT LAKE CITY CODE, PERTAINING TO CROSSWALK; AMENDING SECTION 12.04.120, SALT LAKE CITY CODE, PERTAINING TO CROSSWALK LINE; ENACTING SECTION 12.04.235, SALT LAKE CITY CODE, PERTAINING TO MARKED CROSSWALK; ENACTING SECTION 12.04.595, SALT LAKE CITY CODE, PERTAINING TO UNMARKED CROSSWALK; AMENDING SECTION 12.12.010, SALT LAKE CITY CODE, PERTAINING TO OBEDIENCE TO TRAFFIC CODE; AMENDING SECTION 12.12.015,SALT LAKE CITY CODE, PERTAINING TO OBEDIENCE TO CIVIL TRAFFIC VIOLATIONS; AMENDING SECTION 12.20.030, SALT LAKE CITY CODE, PERTAINING TO MISDEMEANOR CITATION WHEN IMMEDIATE APPEARANCE IS NOT MADE; ENACTING SECTION 12.20.035, SALT LAKE CITY CODE,PERTAINING TO CIVIL VIOLATION CITATIONS; REPEALING SECTION 12.20.040, SALT LAKE CITY CODE,PERTAINING TO VIOLATING PROMISE TO APPEAR; AMENDING SECTION 12.24.012, SALT LAKE CITY CODE, PERTAINING TO VIOLATION OF RESTRICTED LICENSE; AMENDING THE TITLE TO SECTION 12.24.115, SALT LAKE CITY CODE,PERTAINING TO CIVIL VIOLATION FOR DRIVING ON A SUSPENDED LICENSE OTHER THAN ALCOHOL OR CONTROLLED SUBSTANCE OR STATE VIOLATION RELATED; AMENDING THE TITLE TO SECTION 12.24.120, SALT LAKE CITY CODE,PERTAINING TO ALCOHOL OR CONTROLLED SUBSTANCE OR STATE VIOLATION FOR DRIVING ON A SUSPENDED LICENSE; AMENDING SECTION 12.28.010, SALT LAKE CITY CODE, PERTAINING TO STATE VEHICLE INSPECTIONS; AMENDING SECTION 12.28.020, SALT LAKE CITY CODE, - PERTAINING TO VEHICLE REGISTRATION AND LICENSE PLATES; AMENDING SECTION 12.28.090, SALT LAKE CITY CODE, PERTAINING TO LIGHTS, BRAKES, AND OTHER EQUIPMENT; REPEALING SECTION 12.32.030, SALT LAKE CITY CODE, PERTAINING TO COLOR INDICATIONS FOR SIGNALS -DRIVERS AND PEDESTRIAN DUTTRS; REPEALING SECTION 12.32.040, SALT LAKE CITY CODE, PERTAINING TO FLASHING RED OR YELLOW SIGNALS; ENACTING SECTION 12.32.045, SALT LAKE CITY CODE, PERTAINING TO VEHICULAR SIUGNAL INDICATIONS - DRIVER AND PEDESTRIAN DUTIES; REPEALING SECTION 12.32.050, SALT LAKE CITY CODE, PERTAINING TO PEDESTRIAN"WALK"AND "DON'T WALK" SIGNALS; ENACTING SECTION 12.32.055, PERTAINING TO PEDESTRIAN SIGNAL INDICATIONS; AMENDING SECTION 12.36.040, SALT LAKE CITY CODE, PERTAINING TO SPEED OR ACCELERATION CONTESTS; AMENDING SECTION 12.44.020, SALT LAKE CITY CODE, PERTAINING TO OVERTAKING AND PASSING VEHICLES PROCEEDING IN SAME DIRECTION; AMENDING SECTION 12.44.130,SALT LAKE CITY CODE, PERTAINING TO TURNING MOVEMENTS AND SIGNAL REQUIREMENTS; ENACTING SECTION 12.52.355, SALT LAKE CITY CODE,PERTAINING TO NEGLIGENT OPERATION CAUSING PERSONAL INJURY OR DEATH; REPEALING SECTION 12.56.030,SALT LAKE CITY CODE, PERTAINING TO VEHICLE STATE INSPECTION CERTIFICATES; AMENDING SECTION 12.56.100, SALT LAKE CITY CODE, PERTAINING TO PARKING OPPOSITE TRAFFIC; REPEALING SECTION 12.76.020, SALT LAKE CITY CODE, 2 PERTAINING TO PEDESTRIAN RIGHTS OBEDIENCE TO TRAFFIC CONTROL SIGNALS; REPEALING SECTION 12.76.030, SALT LAKE CITY CODE, PERTAINING TO RIGHT-OF-WAY IN CROSSWALKS VEHICLE REQUIREMENTS; REPEALING SECTION 12.76.040, SALT LAKE CITY CODE, PERTAINING TO VEHICLE STOPPED AT CROSSWALK—PASSING PROHIBITED; AND ENACTING SECTION 12.76.045, SALT LAKE CITY CODE, PERTAINING TO YIELDING RIGHT-OF-WAY AT MARKED OR UNMARKED CROSSWALKS—DRIVER AND PEDESTRIAN DUTIES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 2.75.020, Salt Lake City Code,pertaining to hearing officer be, and the same hereby is, amended to read as follows: 2.75.020 Hearing Officer: A. Duties: Consistent with the policies and procedures promulgated by the justice court, the hearing officer may adjust and set, as authorized, sums due as civil penalties, surcharges, and assessments owed; certify to the State that violations did occur so that points may be assessed to the violator pursuant to Utah Code Annotated section 53-3-221; reduce civil penalties owed; dismiss citations, upon payment of fees and attendance at traffic school; enter into agreements for the timely or periodic payment of penalties, surcharges and assessments; and perform such other duties as deemed necessary or desirable by the justice court to carry out the purposes of this Chapter in accordance with justice and equity. E. Accountability: The hearing officer shall serve as staff for the justice court but shall be supervised as an employee, under the direction of the City Director of Management Services or his/her designee. 3 F. Exceptions: Regardless of provisions in this Section to the contrary, violations of the following City Code sections shall require a mandatory appearance before a judge of the justice court for disposition, and shall not be disposed of by a hearing officer: 1. Section 12.36.040. 2. Section 12.48.070. 3. Section 12.48.080. 4. Section 12.48.100. 5. Section 12.52.355C. 6. Subsection A1(a) of Section 12.76.045. 7. Subsection Al(b) of Section 12.76.045 for a second and for each subsequent violation within one(1) year of a previous conviction or forfeiture of penalty for a violation of said subsection. SECTION 2. That Section 12.04.110, Salt Lake City Code, pertaining to crosswalk be, and the same hereby is, amended to read as follows: 12.04.110 Crosswalk. "Crosswalk" means (a)that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street or highway, measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the sidewalk at right angles to the centerline; (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 4 SECTION 3. That Section 12.04.120, Salt Lake City Code, pertaining to crosswalk line be, and the same hereby is, amended to read as follows: 12.04.120 Crosswalk lines. "Crosswalk lines" means white pavement marking lines that identify a crosswalk. SECTION 4. That Section 12.04.235, Salt Lake City Code, pertaining to marked crosswalk be, and the same hereby is, enacted to read as follows: 12.04.235 Marked Crosswalk. "Marked crosswalk"means a crosswalk for which the lateral lines are marked upon the surface of the roadway. SECTION 5. That Section 12.04.595, Salt Lake City Code, pertaining to unmarked crosswalk be, and the same hereby is, enacted to read as follows: 12.04.595 Unmarked Crosswalk. "Unmarked crosswalk"means a crosswalk for which the lateral lines are not marked upon the surface of the roadway. SECTION 6. That Section 12.12.010, Salt Lake City Code,pertaining to obedience to traffic code be, and the same hereby is, amended to read as follows: 12.12.010 Obedience To Traffic Code Required: A. Unlawful Acts: It is unlawful for any person to: 1. Do any act prohibited by this Title; 2. Fail or refuse to do any act required by this Title; 3. Operate any vehicle in violation of any provision of this Title; or 5 4. Operate any vehicle unless such vehicle is equipped and maintained in compliance with this Title. — B. Enhancement On Third Conviction: Upon a third conviction of any moving violation, whether the same violation or different violations, within the prior twelve (12) month period, such third violation is subject to enhancement equivalent to the fine set forth at Section 1.12.050, or its successor or as otherwise provided by law . C. Infraction And Misdemeanor Penalties: A person convicted of an infraction or a Class B misdemeanor, as provided in this Section, shall be punishable as provided by Section 1.12.050 of this Code, or its successor. SECTION 7. That Section 12.12.015, Salt Lake City Code, pertaining to obedience to civil traffic violations be, and the same hereby is, amended to read as follows: 12.12.015 Civil Traffic Violations: A. Civil violations: Any person guilty of violating any provision of this title shall be deemed guilty of a civil traffic violation, unless such offense is specifically designated as a Class B or Class C misdemeanor or an infraction. B. The following violations of this Title shall be Class B misdemeanors: 1. Sections 12.16.010 through 12.16.120, (a moving violation that would be a Class B misdemeanor in a criminal proceeding) except for Section 12.16.060; 2. Section 12.24.070 (alcoholic beverages in vehicles); 3. Section 12.24.080 (intoxicated person in or about vehicles); 4. Section 12.24.100 (driving under the influence of drugs or alcohol); 5. Section 12.24.120 (driving on denied, suspended or revoked license); 6 6. Section 12.52.350 (reckless driving); 7. Section 12.52.355B (Negligent Operation Causing Serious Bodily Injury or Death); 8. When any violation of this Title 12 occurs in conjunction with any of the violations listed above or in conjunction with any other criminal violation of this Code or of State or Federal law. SECTION 8. That Section 12.20.030, Salt Lake City Code, pertaining to misdemeanor citation when immediate appearance is not made be, and the same hereby is, amended to read as follows: 12.20.030 Misdemeanor Citation When Immediate Appearance Is Not Made: A. Upon any Class B misdemeanor violation of this Title,whenever a person is not immediately taken before a magistrate as provided in the preceding Section, the police officer shall prepare in triplicate or more copies, a misdemeanor citation, shall issue one copy of which to the person subject to arrest or prosecution, and shall,within five(5) days, file duplicate copies with the court specified in the citation. B. Each copy of the citation issued under authority of this Title shall contain: 1. The name of the court before which the person is to appear; 2. The name of the person cited; 3. A brief description of the offense charged; 4. The date, time and place at which the offense is alleged to have occurred; 5. The date on which the citation was issued; 7 6. The name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate; 7. The time and date on or before and after which the person is to appear; 8. The address of the court in which the person is to appear; and 9. A notice containing substantially the following language: READ CAREFULLY This citation is not a complaint and will not be used as a complaint without your consent. If a complaint is filed you will be provided a copy by the court. You MUST appear on or before the time set in this citation. IF YOU FAIL TO APPEAR A COMPLAINT WILL BE FILED AND THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. C. Any person who wilfully fails to appear before a court pursuant to a citation issued under this Section is guilty of a misdemeanor, regardless of the disposition of the charge upon which such person was originally cited. SECTION 9. That Section 12.20.035,Salt Lake City Code,pertaining to civil violation citations be, and the same hereby is, enacted to read as follows: 12.20.035 Civil violation citation when immediate appearance is not made. A. Upon any civil violation of this title, the enforcement officer shall: (1)prepare in as many copies as may be needed, a civil violation citation, (2) shall issue one copy to the person subject to prosecution, and (3) shall, within five days, file duplicate copies or an electronic copy with the administrative enforcement office as specified in the citation. B. Each copy of the citation issued under authority of this title shall contain: 8 1. The name and address of the administrative enforcement office before which the person is to appear; 2. The name of the person cited; 3. A brief description of the violation charged; 4. The date, time and place at which the violation is alleged to have occurred; 5. The date on which the citation was issued; 6. The name of the enforcement officer who issued the citation; 7. The time and date on or before and after which the person is to appear; 8. A notice containing substantially the following language: CITATION AND NOTICE TO APPEAR You are required to pay or appear within 20 days from the date of this citation. Failure to follow the instructions on the back of the citation may result in increased costs, attorney fees and other penalties provided by law. SECTION 10. That Section 12.20.040, Salt Lake City Code,pertaining to violating promise to appear be, and the same hereby is,repealed. SECTION 11. That Section 12.24.012,Salt Lake City Code,pertaining to violation of restricted license be, and the same hereby is, amended to read as follows: 12.24.012 Violation of restricted license. A. It is unlawful for any person to drive a motor vehicle upon the streets of the city in any manner in violation of the restrictions or endorsements imposed in a restricted operator's license or a temporary learner permit granted to such person by the state or by such person's home state or country. 9 B. It is unlawful for any person to drive a commercial motor vehicle as defined by Section 53-3-102, Utah Code Annotated, or its successor, upon the streets of the city in any manner in — violation of the restrictions or endorsements imposed in a restricted commercial driver license or temporary learner permit granted under Title 53, Chapter 3, Part 4, Utah Code Annotated, or its successor. SECTION 12. That the title to Section 12.24.115, Salt Lake City Code, pertaining to civil violation for driving on a suspended license other than alcohol or controlled substance or state violation related be, and the same hereby is, amended to read as follows: as follows: 12.24.115 Civil Violation - Non-alcohol and non-controlled-substance-related driving prohibited while driving privilege denied, suspended, disqualified, or revoked: SECTION 13. That the title to Section 12.24.120, Salt Lake City Code, pertaining to alcohol or controlled substance or state violation for driving on a suspended license be, and the same hereby is, amended to read as follows: as follows: 12.24.120 Class B Misdemeanor-Alcohol and controlled-substance-related driving prohibited while driving privilege denied, suspended, disqualified, or revoked-Penalty: SECTION 14. That Section 12.28.010,Salt Lake City Code,pertaining to state vehicle inspections be, and the same hereby is, amended to read as follows: 12.28.010 State vehicle inspection required. No person shall drive, stop or park, nor shall any owner or person in possession cause or knowingly permit to be driven, stopped or parked on any street or alley within this city any 10 vehicle which is required under the laws of the state of Utah to be inspected, unless such vehicle has been inspected as required by the laws of the state. SECTION 15. That Section 12.28.020, Salt Lake City Code, pertaining to vehicle registration and license plates required be, and the same hereby is, amended to read as follows: as follows: 12.28.020 Vehicle registration and license plates required. A. Every vehicle, at all times while being driven, stopped or parked upon the streets or alleys of this city, shall: 1. Be registered in the name of the owner thereof in accordance with the laws of the state, unless such vehicle is not required by the laws of Utah to be registered in this state; 3. Display in proper position two valid, unexpired registration plates, one on the front and one on the rear of such vehicle; and 2. When required, current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state, and free from defacement, mutilation, grease and other obscuring matters so as to be plainly visible and legible at all times. B. However, if such vehicle is not required to be registered in this state, and the indicia of registration issued by another state,territory,possession or district of the United States, or of a foreign country, substantially complies with the provisions hereof, such registration shall be considered compliance with this code. C. Every commercial vehicle, as defined by Section 53-3-102, Utah Code Annotated, at all times while being driven, stopped or parked upon the streets or alleys of this city, shall meet the requirements of this Section 12.28.020. 11 SECTION 16. That Section 12.28.090, Salt Lake City Code, pertaining to lights, brakes, and other equipment be, and the same hereby is, amended to read as follows: as follows: 12.28.090 Lights, brakes, and other equipment. A. No person shall drive, move, stop or park, nor shall the owner or person in possession cause or knowingly permit to be driven, moved, stopped or parked on any street or alley, any vehicle: 1. Which is in such unsafe condition as to endanger any person or property; 2. Which is not equipped with those serviceable lamps, reflectors, brakes, horn and other warning and signaling devices, windows, windshields, windshield wipers, mirrors, mufflers, fenders, tires, and other parts and equipment in the position, condition and adjustment meeting the requirements of the laws of the state as to such parts and equipment; 3. Which, when upon a street or highway, is operating more than four head lamps, auxiliary lamps and/or spot lamps on the front of such vehicle, each projecting a beam of an intensity greater than 300 candle power at any one time. 4. Which is of such size,weight or condition, or is loaded or equipped in such manner as is in violation of the laws of the state with respect to such vehicle. B. No person shall do any act forbidden or fail to perform any act required by the laws of the state relating to tires, lamps,brakes, fenders, horns, sirens, whistles,bells and other parts and equipment, and size, weight and load of any vehicle; provided, however, an authorized emergency vehicle may be equipped with and may display flashing lights which do not indicate a right or left turn. 12 C. Any motorcycle or motor-driven vehicle carrying a passenger on a public highway, other than in a side car or enclosed cab shall be equipped with footrests for such passenger. D. No person shall operate any motorcycle or motor-driven cycle with handlebars above shoulder height. E. No person under eighteen years of age shall operate or ride upon a motorcycle or motor-driven cycle upon a public highway unless such person is wearing protective headgear which complies with standards established by the State Commissioner of Public Safety. This subsection shall not apply to persons riding within a closed cab. SECTION 17. That Section 12.32.030 of the Salt Lake City Code, pertaining to Color Indications For Signals—Driver and Pedestrian Duties be, and is hereby repealed. SECTION 18. That Section 12.32.040 of the Salt Lake City Code, pertaining to flashing red or yellow signals be , and the same is hereby repealed. SECTION 19. That Section 12.32.045,pertaining to the meaning of vehicular signal indications—driver and pedestrian duties be, and is hereby enacted, to read as follows: 12.32.045 Meaning of Vehicular Signal Indications—Driver and Pedestrian Duties. A. The following meanings shall be given to highway traffic signal indications for vehicles and pedestrians. Yielding duties between drivers and pedestrians are further defined in Section 12.76.045 of this Title or its successor. 1. Steady green signal indications shall have the following meanings: a. Traffic, except pedestrians, facing a CIRCULAR GREEN signal indication may proceed straight through or turn right or left except as such movement is 13 modified by lane-use signs, turn prohibition signs, lane markings, or roadway design. But vehicular traffic, including vehicles turning right or left, shall yield the right-of- way to other vehicles within the intersection, and to pedestrians, at the time such signal indication is exhibited. b. Traffic, except pedestrians, facing a GREEN ARROW signal indication, shown alone or in combination with another signal indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other signal indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians and to other traffic using the intersection. c. Unless otherwise directed by a pedestrian signal,pedestrians facing any green signal indication, except when the signal indication is a turn arrow for a vehicular movement in conflict with the desired path of the pedestrian, may proceed across the roadway within any marked or unmarked crosswalk. 2. Steady yellow signal indications shall have the following meanings: a. Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal indication is thereby warned that the related green movement is being terminated or that a red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. b. Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal indication, unless otherwise directed by a pedestrian signal, are thereby advised 14 that there is insufficient time to cross the roadway before a red signal indication is shown, and no pedestrian shall then start to cross the roadway. 3. Steady red signal indications shall have the following meanings: a. Vehicular traffic facing a steady CIRCULAR RED signal indication alone shall stop at a clearly marked stop line. If there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection. Such traffic shall remain stopped until a signal indication to proceed is shown, or as provided below. Except when a sign is in place prohibiting a turn on red or a RED ARROW signal indication is displayed, vehicular traffic facing a CIRCULAR RED signal indication may enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping. Such vehicular traffic shall yield the right-of-way to pedestrians and to other traffic using the intersection. b. Vehicular traffic facing a steady RED ARROW signal indication shall not enter the intersection to make the movement indicated by the arrow, [except as described in the Option stated below in this subsection(A)(3)(b)] and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly-marked stop line. If there is no stop line, said vehicular traffic shall stop before entering the crosswalk on the near side of the intersection, or if there is no crosswalk, then before entering the intersection, and shall remain stopped until a signal indication permitting the movement indicated by such RED ARROW is shown. 15 Option: Where turns are allowed on red and the signal indication is an arrow, a sign may be used to indicate that turns are allowed on red after stopping. c. Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED or RED ARROW signal indication alone shall not enter the roadway. 4. Flashing signal indications shall have the following meanings: a. Flashing yellow - When a yellow lens is illuminated with rapid intermittent flashes, vehicular traffic may proceed through the intersection or past such signal indication only with caution. b. Flashing red - When a red lens is illuminated with rapid intermittent flashes, vehicular traffic shall stop at a clearly marked stop line. If there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the rules applicable after making a stop at a STOP sign. c. Flashing RED ARROW and flashing YELLOW ARROW signal indications have the same meaning as the corresponding flashing circular signal indication, except that they apply only to vehicular traffic intending to make the movement indicated by the arrow. d. Pedestrians facing a flashing red or yellow signal may proceed to cross the roadway in a crosswalk only after ascertaining that it is safe to do so and then only 16 with due caution. Vehicular traffic shall yield the right-of-way to pedestrians crossing a roadway at such intersections. B. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions that by their nature have no application. Any stop required shall be made at a sign or marking on the highway pavement indicating where the stop shall be made, but in the absence of any sign or marking the stop shall be made at the signal. SECTION 20. That Section 12.32.050, Salt Lake City Code, pertaining to pedestrian "walk" and "don't walk" signals be, and the same hereby is, repealed. SECTION 21. That Section 12.32.055, pertaining to pedestrian signal indications, be, and is hereby enacted to read as follows: 12.32.055 Pedestrian Signal Indications. Whenever a pedestrian signal is in place and operating, the illuminated words or symbols shall indicate and govern pedestrians as follows: A. A steady white WALK or WALKING PERSON(symbolizing WALK) signal indication means that, exercising due caution, a pedestrian facing the signal indication may start to cross the roadway in the direction of the signal indication. B. A flashing orange DONT WALK or UPRAISED HAND (symbolizing DONT WALK) signal indication means that a pedestrian shall not start to cross the roadway in the direction of the signal indication,but that any pedestrian who has already started to cross on a steady white WALK or WALKING PERSON (symbolizing WALK) signal indication may complete crossing the roadway. 17 C. A steady orange DONT WALK or UPRAISED HAND (symbolizing DONT WALK) signal indication means that a pedestrian shall not enter the roadway in the direction of the signal indication. D. A COUNTDOWN CLOCK(displaying time in seconds remaining in the pedestrian crossing phase) in conjunction with the flashing orange UPRAISED HAND means that a pedestrian facing the signal indication may start to cross the roadway in the direction of the signal indication, but only if such pedestrian is able to safely walk completely across the street or to a safety island before the COUNTDOWN CLOCK shows no remaining time. SECTION 22. That Section 12.36.040, Salt Lake City Code, pertaining to speed or acceleration contests be, and the same hereby is, amended to read as follows: 12.36.040 Speed or acceleration contests prohibited. No person shall engage in any vehicle speed contest or exhibition, or in any vehicle acceleration contest or exhibition on any street or alley, and no person shall aid or abet any such vehicle speed contest or exhibition or acceleration contest or exhibition on any street or alley. It shall not be a defense that there was no apparent observer present to view such speed contest or exhibition. SECTION 23. That Section 12.44.020,Salt Lake City Code,pertaining to overtaking and passing vehicles proceeding in same direction be, and the same hereby is, amended to read as follows: 12.44.020 Overtaking and passing vehicles proceeding in same direction. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the following provisions: 18 A. The driver of a vehicle, overtaking another vehicle proceeding in the same direction, shall pass to the left at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle. B. The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and may not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. C. On a road having more than one lane in the same direction, the driver of a vehicle traveling in a left lane shall, upon being overtaken by another vehicle in the same lane, yield to the overtaking vehicle by moving safely to the right, and may not impede the movement or free flow of traffic in a left lane except: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement; 2. When preparing to turn left; 3. When reasonably necessary in response to emergency conditions; 4. To avoid actual or potential traffic moving onto the right lane from an acceleration or merging lane; or 5. When necessary to follow the highway direction signs that direct use of a lane other than the right lane. D. Violation of this section is a civil violation to be handled under Chapter 2.75. SECTION 24. That Section 12.44.130, Salt Lake City Code,pertaining to turning movements and signal requirements be, and the same hereby is, amended to read as follows: 19 12.44.130 Turning movements-Signal requirements. A. No person shall turn a vehicle at an intersection unless the vehicle is in a proper position upon the roadway, as required in Section 12.44.120, or its successor, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course, or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall turn any vehicle without giving an appropriate signal in the manner hereinafter provided. B. A signal of intention to turn right or left or to change lanes shall be given continuously for at least the last three seconds preceding the beginning of the turn or change. C. Signals required on vehicles by Section 12.44.140, or its successor, shall not be flashed on one side only on a disabled vehicle; or as a courtesy or "do pass" to operators of other vehicles approaching from the rear; and shall not be flashed on one side only of a parked vehicle, except as may be necessary for compliance with this section. SECTION 25. That Section 12.52.355, Salt Lake City Code, pertaining to vehicle operation causing injury to person be, and the same hereby is, enacted to read as follows: 12.52.355. Negligent Operation Causing Personal Injury or Death. A. (1) "Serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement,protracted loss, or impairment of the function of any bodily member or organ for longer than six months, or creates a substantial risk of death. (2) "Bodily injury" means injury not amounting to serious bodily injury. B. The operator of any vehicle who negligently fails to yield the right of way as required by any section of this title which failure is the direct proximate cause of serious bodily injury or 20 death to any person, whether such injured or deceased person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of a Class B misdemeanor. C. The operator of any vehicle who negligently fails to yield the right of way, as required by any section of this title, which failure is the direct proximate cause of bodily injury to any person, whether such injured person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of a civil violation. Said violation shall be handled as provided by Chapter 2.75 of this Code. SECTION 26. That Section 12.56.030, Salt Lake City Code, pertaining to vehicle state inspection certificates be, and the same hereby is, repealed. SECTION 27. That Section 12.56.100, Salt Lake City Code, pertaining to parking opposite traffic be, and the same hereby is, amended to read as follows. 12.56.100 Stopping or parking upon roadways . A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. B. Every vehicle stopped or parked upon a one-way roadway shall be stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its left-hand wheels within twelve inches of the left- hand curb or as close as practicable to the left edge of the left-hand shoulder. 21 SECTION 28. That Section 12.76.020 of the Salt Lake City Code, pertaining to Pedestrian Rights Obedience to Traffic Control Signals, be, and the same is hereby repealed. — SECTION 29. That Section 12.76.030, pertaining to right of way in crosswalks—vehicle requirements be, and the same hereby is, repealed. SECTION 30. That Section 12.76.040, pertaining to vehicles stopped at a crosswalk- parking prohibited be, and the same hereby is, repealed. SECTION 31. That Section 12.76.045, pertaining to yielding the right-of-way at marked or unmarked crosswalks or at crosswalk entrance zones—driver and pedestrian duties be, and is hereby, enacted to read as follows: 12.76.045 Yielding Right-of-Way at Marked or Unmarked Crosswalks —Driver and Pedestrian Duties A. Driver Duties. 1. With regard to marked or unmarked crosswalks, vehicles shall yield the right-of- way to: (a) (i)pedestrians carrying a brightly colored flag customarily used by pedestrians in the City while crossing a street within a crosswalk; (ii)pedestrians using a white cane or a service animal customarily used by pedestrians having visual impairments; (iii)pedestrians using a wheelchair or similar wheeled mechanical, electrical or motorized vehicle customarily used by pedestrians having mobility impairments; 22 (iv) pedestrians exhibiting signs of impairment or infirmity of any kind, including, but not limited to, infirmity resulting from advanced age; and (b) all other pedestrians by slowing or coming to a complete stop while such pedestrian is within a marked or unmarked crosswalk and is in the vehicle's travel lane or adjoining lane. 2. Whenever a vehicle is slowing or stopped at a marked or unmarked crosswalk, all approaching vehicles traveling in the same direction as the slowing or stopped vehicle shall also slow or stop to verify that no pedestrian is within their travel lane or an adjoining lane in a marked or unmarked crosswalk. 3. A vehicle turning onto an adjacent roadway shall yield the right-of-way to pedestrians as explained in subsections 1 and 2 above. B. Increased penalty. 1. The civil penalty to be assessed against a person for each violation of subsection Al(a) of this section may be increased beyond the penalty ordinarily assessed for such violation, up to the maximum penalty provided by Section 1.12.050 of this code, or its successor. 2. The civil penalty ordinarily assessed for a violation of subsection Al(b)of this section may be increased for a second and for each subsequent violation within one(1) year of a previous conviction or forfeiture of penalty for a violation of said subsection. C. Pedestrian Duties. 1. Whenever traffic or pedestrian signals are in place and operation the illuminated indications shall govern pedestrians as explained in Sections 12.32.045 and 12.32.055 or 23 their successors. At all other locations pedestrians shall be granted those rights and be subject to those restrictions stated in this Chapter. — 2. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. SECTION 32. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of 2002. CHAIRPERSON ATTEST: CHIEF DEPUTY CITY RECORDER Transmitted to Mayor on Mayor's Action: Approved. Vetoed. MAYOR ATTEST: CHIEF DEPUTY CITY RECORDER (SEAL) APPROVED AS TO FORM Salt Lake City Attorneys Office Bill No. of 2002. Date 7 if .266 Published: P• (2,4di ATTEST: C\Traffic Code Amendments 7-I 1-02 clean.dot 24 MEMORANDUM DATE: August 13, 2002 TO: Council Members FROM: Sylvia Jones Research & Policy Analyst/Constituent Liaison SUBJECT: Petition No. 400-01-26 — Planning Commission —request to amend the Zoning Ordinance to allow certain types of encroachments within the side yard setback areas (Sec.2IA.36.020.B) As requested by Council Member Saxton, Building Services reviewed the current ordinance and the proposed changes recommended by the Planning Commission in order to identify potential conflicts in advance of the August 15Th Council discussion. Building Services and Planning staff met with Council Member Saxton on August 8, 2002 to discuss their comments. Council Members may wish to discuss with the Administration in detail the recommendations identified by Building Services staff. The issues identified by Building Services are as follows: u Evaporative "swamp" coolers which are window units and refrigerated window-mounted air conditioner units should be allowed in all yards as long as a two-foot setback from property line is maintained. According to Building Services, there is no discernable difference in noise levels between these two types of window air-conditioners. u Central air-conditioning compressors or systems, heating, ventilating, pool and filtering equipment should be allowed within the buildable area of the lot but not in the front yard. At least ten feet must be maintained from the adjoining side and rear property lines. Some lots have side yards extending 30 to 50 feet from the property line. During previous Council discussions, the Council specified that central air-conditioning compressors or systems, heating, ventilating, pool and filtering equipment should be located only in the rear yard to address noise issues. The recommendation from Administrative staff would allow such equipment to be located within the buildable area of the lot. This could include side yard areas. In many neighborhoods, most air-conditioning units are largely located in the side yards, due to the location of the homes'furnace systems. Requiring the 10-foot spacing may have a financial impact on homeowners. The Council could elect to establish a "routine and uncontested matters"approach that would allow exceptions in situations where there is no objection from neighbors. If the Council chooses to implement the 10 foot spacing or require that air-conditioning units are located only in rear yards, the Council may wish to encourage the Administration to notify air-conditioning contractors of this change. u Building Services allows steps 4 feet above grade to extend to the property line, but they do not allow steps to extend below grade. They also do not allow a landing at the top of the stairs which is in conflict with the International Building Code. By removing the words "above and below grade", and adding the words "required landing", Building Services staff agreed this would remedy their concerns. ❑ The requirement"Subject to meeting Salt Lake County Health Department noise standards" places the burden of verification on the building inspector. This requires the City to purchase new equipment for the building and zoning inspectors. This requirement should be deleted, unless the Council wants the City to accept this responsibility that has heretofore been a responsibility of Salt Lake County. As a result of Administrative staff members' vacation schedules, a new ordinance incorporating the revisions as suggested by Building Services will not be drafted until the first week of September. Consequently, the Council will need to adopt a motion on August 15th to refer future side yard discussions to a Work Session in September. (A specific date will be determined at a later time.) BACKGROUND: A. The Council received a briefing regarding this item on May 21, 2002. 1. Council Members asked if there is an existing size or sound requirement for air- conditioner units in side yards. 2. Council Members asked whether it is practical to specify where air-conditioner units are located (side of house versus back of house). 3. Some Council Members expressed concern regarding air-conditioner units being so close to bedrooms of another neighbor. 4. Some Council Members expressed interest in differentiating between swamp coolers and central air units and the option of requiring compressors to be placed at the back of homes. B. At the June 4, 2002 City Council Public Hearing, the following issues and comments were discussed. At the end of the Public Hearing, Council Members voted to continue their discussion on July 9, 2002. 1. lnfill construction requirements for side yards versus new construction requirements. 2. With some side yard encroachments, maintenance is an issue. 3. Mandatory breaks are needed for security purposes and to protect those walking in side yards areas. 4. Air-conditioners and compressors should be placed in rear yards. 5. With basement window grates, there is an urgency to make a decision in order to help make homes safer. , During Unfinished Business on July 9, 2002, Council Members adopted a motion to amend Section 21A.36.020.B of the Salt Lake City Zoning Code regarding allowed obstructions in required yard areas, changing the ordinance to permit window wells in side yards with no specific reference to the distance from the property line. In addition, the Council referred the remaining portions of the ordinance to the August 15, 2002 Work Session for discussion. (This motion addressed the safety issues in reference to window wells. Please refer to attached minutes for details.) cc: Rocky Fluhart,David Nimkin,Steven Allred, Lynn Pace, Margaret Hunt, David Dobbins,Roger Evans, Enzo Calfa,Alan Hardman,Stephen Goldsmith,Brent Wilde, Doug Wheelwright, Ray McCandless, Harvey Boyd,Craig Spangenberg, D.J. Baxter and Janice Jardine File Location: Community and Economic Development Dept., Planning Division,Zoning Text Amendment,Side yards MEMORANDUM DATE: July 9, 2002 TO: Council Members FROM: Sylvia Jones Research & Policy Analyst/Constituent Liaison SUBJECT: Petition No. 400-01-26—Planning Commission —request to amend the Zoning Ordinance to allow certain types of encroachments within the side yard setback areas (Sec.21A.36.020.B) Due to some confusion with this issue, Council staff is recommending the following: • Adopt a change to the ordinance that would permit window wells in side yards with no specific reference to the distance from the property line and refer the remaining portions of this ordinance to the August 15th meeting for discussion. MEMORANDUM DATE: July 3, 2002 TO: Council Members FROM: Sylvia Jones Research & Policy Analyst/Constituent Liaison SUBJECT: Petition No. 400-01-26— Planning Commission — request to amend the Zoning Ordinance to allow certain types of encroachments within the side yard setback areas (Sec.21A.36.020.B) CC: Rocky Fluhart, Steven Allred, Lynn Pace, David Nimkin, Margaret Hunt, David Dobbins, Stephen Goldsmith, Roger Evans, Brent Wilde, Doug Wheelwright, Ray McCandless, Janice Jardine and D.J. Baxter At the June 4,2002 City Council Public Hearing,the following issues and comments were discussed. Please refer to the attached minutes and staff report. At the end of the Public Hearing,Council Members voted to continue their discussion on July 9,2002. ❑ Infill construction requirements for side yards versus new construction requirements. a With some side yard encroachments,maintenance is an issue. a Mandatory breaks are needed for security purposes and to protect those walking in side yards areas. a Air conditioners and compressors should be placed in rear yards. a With basement window grates,there is an urgency to make a decision in order to help make homes safer. To clarify,please note that the proposed ordinance changes address the window well safety issue by adding the requirement of a removable grate to the window well provision. OPTIONS AND MOTIONS: 1. ["I move that the Council"] Adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas(as discussed by the City Council). This option would allow: • Evaporative swamp coolers, bay windows, chimney, eaves, steps and window wells to be placed in side yards within two feet of the property line. • Refrigerated window-mounted air conditioners, central air conditioning systems, heating ventilating,pool and filtering equipment would be allowed in the rear yard and required to maintain a distance of at least 10 feet from the adjoining side and rear property lines and be subject to Salt Lake County Health Department noise standards. • Remove the words "above grade"from the section that refers to steps. (This would allow steps to be placed in the side yard either above or below grade to provide an additional access or basement access.) 2. ["I move that the Council"] Adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas(as proposed by the Planning Commission). This option would allow air conditioner window units, central air conditioning systems, heating ventilating,pool and filtering equipment, bay windows, chimney, eaves, steps and window wells to be placed in side yards within two feet of the property line. 3. ["I move that the Council"] Adopt an ordinance amending the text of the zoning ordinance allowing obstructions in required yard areas as a Zoning Ordinance special exception routine and uncontested matter(as proposed by Council Member Saxton). This option would require the special exception routine and uncontested matter process for infill construction and remodeling of existing structures that includes the following obstructions: • Bay windows, chimney, eaves, steps and window wells to be placed in side yards within two feet of the property line. • Air conditioners, central air conditioning systems, heating ventilating,pool and filtering equipment would be allowed in the rear yard and required to maintain a distance of at least 10 feet from the adjoining side and rear property lines and be subject to Salt Lake County Health Department noise standards. The purpose of the special exception routine and uncontested matter process is to permit an activity or use incidental to the principal use(s)permitted in a zoning district or an adjustment to a fixed dimension standard that would have less potential impact than a conditional use. A"routine and uncontested matter"is a special exception that the Board of Adjustment has delegated to the Zoning Administrator to be determined administratively because of its routine and uncontested nature. Routine and uncontested matters shall be decided using the same criteria that the Board of Adjustment would use for determining special exceptions including review of such factors as location or design and consideration of ways to minimize adverse impacts through special site planning and development techniques. An application for a routine and uncontested matter must include signatures of approval of all abutting property owners. 4. ["I move that the Council'] Not adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas. MEMORANDUM DATE: June 4, 2002 TO: Council Members FROM: Janice Jardine, Planning and Policy Analyst SUBJECT: Additional motions- Petition No. 400-01-26-Planning Commission-request to amend the Zoning Ordinance to allow certain types of encroachments within the side yard setback areas(Sec.21A.36.020.B) 1. ["I move that the Council"] Adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas(as discussed by the City Council) except: Remove evaporative swamp coolers and request that the Administration provide additional information pertaining to mitigation of potential noise impacts on neighboring properties, and • Remove the words"above grade" from the section that refers to steps. (This would allow steps to be placed in the side yard either above or below grade to provide an additional access or access to a basement.) 2. ["I move that the Council'] Table action on Petition No. 400-01-26 amending the text of the zoning ordinance regarding allowed obstructions in required yard areas and request that the Administration provide additional information pertaining to mitigation of potential noise impacts on neighboring properties. In addition, I further move that the Council request that the Administration provide the rationale for allowing obstructions in the side yard rather than adjusting the minimum side yard requirement. SALT LAKE CITY COUNCIL STAFF REPORT DATE: May 29,2002 SUBJECT: Petition No.400-01-26-Planning Commission-request to amend the Zoning Ordinance to allow certain types of encroachments within the side yard setback areas(Sec.21A.36.020.B) STAFF REPORT BY: Sylvia Jones,Constituent Liaison/Policy and Research Analyst Janice Jardine,Land Use and Policy Analyst Document Type Budget-Related Facts Policy-Related Facts Miscellaneous Facts Ordinance The proposal has no The proposal is The Administration has budget impact. presented to revise an clearly stated the existing ordinance. positive aspects of the proposal. The Council received a briefing regarding this item on May 21,2002. Council Members asked if there is an existing size or sound requirement for air conditioner units in side yards. Council Members asked whether it is practical to specify where air conditioner units are located(side of house versus back of house). Some Council Members expressed concern regarding air conditioner units being so close to bedrooms of another neighbor. Some Council Members expressed interest in differentiating between swamp coolers and central air units and the option of requiring compressors to be placed at the back of homes. OPTIONS AND MOTIONS: 1. ["I move that the Council"] Adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas(as discussed by the City Council). This option would allow: • Evaporative swamp coolers, bay windows, chimney, eaves, steps and window wells to be placed in side yards within two feet of the property line. • Refrigerated window-mounted air conditioners, central air conditioning systems, heating ventilating,pool and filtering equipment would be allowed in the rear yard and required to maintain a distance of at least 10 feet from the adjoining side and rear property lines and be subject to Salt Lake County Health Department noise standards. 2. ["I move that the Council"] Adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas(as proposed by the Planning Commission). This option would allow air conditioner window units, central air conditioning systems, heating ventilating,pool and filtering equipment, bay windows, chimney, eaves, steps and window wells to be placed in side yards within two feet of the property line. 3. ["I move that the Council"] Not adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas. 1 The following information was provided for the Council Work Session on May 21,2002 Key Elements: 1. The proposed zoning text amendment would do the following: A. Clarify the table located in Section 21A.36.020.B(Obstructions in Required Yards)by eliminating the footnote for the four-foot side yard setback requirement for window and central air-conditioners,bay windows, eaves, steps and window wells for residential buildings. B. Add the requirement of a removable grate to the window well provision. C. Add the requirement of a two-foot distance from property line for central air units. D. Add to the section addressing window unit air conditioners the following stipulation: "that those units be at least two-feet from the property line". E. Add the following provision: "Chimneys projecting two feet or less into the sideyard area must maintain at least two feet from the property line". F. Allow builders and homeowners greater flexibility with side yard setbacks. 2. The Administration's transmittal provides a detailed background relating to the proposed zoning ordinance text amendment. The Planning staff report provides findings of fact that support the criteria established in the City's Zoning Ordinance, Sec.21A.50.050-Standards for General Zoning Amendments. Please refer to the Planning staff report for specific findings of fact and discussion of compliance with individual standards. Key points are summarized below: A. The proposed amendment is consistent with the purposes, goals objectives, and policies of the adopted general plan of Salt Lake City. B. The proposed amendment is harmonious with the overall character of existing development and will not affect adjacent properties. C. The proposed amendment has no relationship to the overlay district requirements or to public facilities or public services intended to serve the subject property. 3. The current standard was added to the zoning ordinance during the Zoning Ordinance"fine tuning"project in 1998/99. Many topics were addressed during the process;thus,discussion of this particular topic was limited. The provision was intended to address the concern of trespass and practical difficulties such as property maintenance and fencing when encroachments are within one or two feet of the property line. At that time,the Planning Commission approved the requirement of a four-foot clearance from property lines for many of the obstructions allowed in the side yard setback. Since then,builders have consistently had a problem with this requirement. The requirement is generally unanticipated by the building community because it is fairly typical(in other cities) for many of these"obstructions"to be allowed in yard areas. With new construction,most architects assume side yard setback standards apply to the building. They design the home within these 2 parameters, adding a roof that includes an eave overhang. Later,they find out that redesign is required. Using the current standard for basement renovations,there is generally inadequate setback to accommodate the window well within these requirements. 4. The public process included: A. Letter describing the proposed text change sent to Community Council Chairs. B. Planning Commission hearing notices sent to Community Council Chairs. 5. The Planning Commission voted to recommend that the City Council approve the proposed zoning text amendment. The following issues were discussed at the Planning Commission's public hearing: A. The ordinance change would apply to new development as well as existing properties. B. The possibility of placing all air conditioning condenser units in rear yards as they emit noise and could disturb neighbors,especially in narrow side yards. C. If Community Council Chairs do not attend the Mayor's monthly meetings,they are unable to adequately review ordinance amendments. Perhaps a broader range of the community should be notified of proposed changes. D. Adjoining homes having four-foot side yards could have abutting three-foot window wells, leaving a walkway of only two feet between window wells. Using this scenario,is adequate space provided for emergency services and vehicles to enter the area? The Fire Department indicated that they can work around the two-foot space. E. A constituent mentioned the difficulty in maintaining the side yard areas. MATTERS AT ISSUE /POTENTIAL QUESTIONS FOR ADMINISTRATION: A. The text amendment would allow central and window-mounted air conditioner units to be placed two feet closer to property lines. Council Members may wish to discuss with the Administration the potential noise impact and how it may be mitigated. B. The Administration notes that although this item was scheduled for discussion at the Mayor's monthly meetings with Community Council Chairs,the text amendment was not discussed due to time constraints. As a result,letters were mailed to Community Council Chairs asking for their response and feedback. Two Community Council Chairs responded. One asked for the current requirement(four foot minimum clearance)to be maintained,while the other supported the two-foot minimum clearance. Council Members may wish to consider asking the Administration to solicit additional feedback from Community Councils since the original feedback was requested over a year ago in April of 2001. MASTER PLAN AND POLICY CONSIDERATIONS: In the past,Planning staff has indicated to Council staff that: • Current master plans were not consulted because the proposed text change will be applied on a citywide basis. • Master plan issues relating to proposed developments are addressed through the conditional use process. • Site development and utility service requirements are evaluated through conditional use, development review and building permit processes. 3 The City's 1990 Urban Design Element includes statements that emphasize preserving the City's image,neighborhood character and maintaining livability while being sensitive to social and economic realities. Applicable policy concepts include: A. Allow individual districts to develop in response to their unique characteristics within the overall urban design scheme for the city. B. Ensure that land uses make a positive contribution to neighborhood improvement and stability. C. Ensure that building restoration and new construction enhance district character. D. Require private development efforts to be compatible with urban design policies of the city regardless of whether city financial assistance is provided. E. Treat building height, scale and character as significant features of a district's image. F. Ensure that features of building design such as color,detail,materials and scale are responsive to district character,neighboring buildings, and the pedestrian. CHRONOLOGY: Please refer to the Administration's transmittal for a complete chronology of events relating to the proposed text amendment. • April 25,2001 Letter and Draft Ordinance sent to all Community Council Chairpersons requesting input and comments. • May 17, and June 21,2001 Planning Commission Hearings cc: Rocky Fluhart,David Nimkin,Roger Cutler,Lynn Pace,Margaret Hunt,David Dobbins,Roger Evans,Stephen Goldsmith,Harvey Boyd,Craig Spangenberg,Brent Wilde,Enzo Calfa,Doug Wheelwright,D.J.Baxter,Ray McCandless File Location: Community and Economic Development Dept.,Planning Division,Zoning Text Amendment,Sideyards 4 SALT LAKE CITY COUNCIL STAFF REPORT DATE: May 17,2002 SUBJECT: Petition No.400-01-26-Planning Commission-request to amend the Zoning Ordinance to allow certain types of encroachments within the side yard setback areas(Sec.21A.36.020.B) STAFF REPORT BY: Sylvia Jones, Constituent Liaison/Policy and Research Analyst Document Type Budget-Related Facts Policy-Related Facts Miscellaneous Facts Ordinance The proposal has no The proposal is The Administration has budget impact. presented to revise an clearly stated the existing ordinance. positive aspects of the proposal. OPTIONS AND MOTIONS: Additional options may be identified at the Council Work Session on May 21,2002. 1. ["I move that the Council"] Adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas. 2. ["I move that the Council"] Not adopt an ordinance amending the text of the zoning ordinance regarding allowed obstructions in required yard areas. KEY ELEMENTS 1. The proposed zoning text amendment would do the following: A. Clarify the table located in Section 21A.36.020.B (Obstructions in Required Yards)by eliminating the footnote for the four-foot side yard setback requirement for window and central air-conditioners,bay windows, eaves,steps and window wells for residential buildings. B. Add the requirement of a removable grate to the window well provision. C. Add the requirement of a two-foot distance from property line for central air units. D. Add to the section addressing window unit air conditioners the following stipulation: "that those units be at least two-feet from the property line". E. Add the following provision: "Chimneys projecting two feet or less into the sideyard area must maintain at least two feet from the property line". F. Allow builders and homeowners greater flexibility with side yard setbacks. 1 2. The Administration's transmittal provides a detailed background relating to the proposed zoning ordinance text amendment. The Planning staff report provides findings of fact that support the criteria established in the City's Zoning Ordinance, Sec. 21A.50.050- Standards for General Zoning Amendments. Please refer to the Planning staff report for specific findings of fact and discussion of compliance with individual standards. Key points are summarized below: A. The proposed amendment is consistent with the purposes, goals objectives, and policies of the adopted general plan of Salt Lake City. B. The proposed amendment is harmonious with the overall character of existing development and will not affect adjacent properties. C. The proposed amendment has no relationship to the overlay district requirements or to public facilities or public services intended to serve the subject property. 3. The current standard was added to the zoning ordinance during the Zoning Ordinance "fine tuning"project in 1998/99. Many topics were addressed during the process;thus,discussion of this particular topic was limited. The provision was intended to address the concern of trespass and practical difficulties such as property maintenance and fencing when encroachments are within one or two feet of the property line. At that time,the Planning Commission approved the requirement of a four-foot clearance from property lines for many of the obstructions allowed in the side yard setback. Since then,builders have consistently had a problem with this requirement. The requirement is generally unanticipated by the building community because it is fairly typical(in other cities)for many of these"obstructions"to be allowed in yard areas. With new construction,most architects assume side yard setback standards apply to the building. They design the home within these parameters, adding a roof that includes an eave overhang. Later,they find out that redesign is required. Using the current standard for basement renovations,there is generally inadequate setback to accommodate the window well within these requirements. 4. The public process included: A. Letter describing the proposed text change sent to Community Council Chairs. B. Planning Commission hearing notices sent to Community Council Chairs. 5. The Planning Commission voted to recommend that the City Council approve the proposed zoning text amendment. The following issues were discussed at the Planning Commission's public hearing: A. The ordinance change would apply to new development as well as existing properties. B. The possibility of placing all air conditioning condenser units in rear yards as they emit noise and could disturb neighbors,especially in narrow side yards. C. If Community Council Chairs do not attend the Mayor's monthly meetings,they are unable to adequately review ordinance amendments. Perhaps a broader range of the community should be notified of proposed changes. D. Adjoining homes having four-foot side yards could have abutting three-foot window wells,leaving a walkway of only two feet between window wells. Using this scenario,is adequate space provided for emergency services and vehicles to enter the area? The Fire Department indicated that they can work around the two-foot space. E. A constituent mentioned the difficulty in maintaining the side yard areas. 2 MATTERS AT ISSUE /POTENTIAL QUESTIONS FOR ADMINISTRATION: A. The text amendment would allow central and window-mounted air conditioner units to be placed two feet closer to property lines. Council Members may wish to discuss with the Administration the potential noise impact and how it may be mitigated. B. The Administration notes that although this item was scheduled for discussion at the Mayor's monthly meetings with Community Council Chairs,the text amendment was not discussed due to time constraints. As a result, letters were mailed to Community Council Chairs asking for their response and feedback. Two Community Council Chairs responded. One asked for the current requirement(four foot minimum clearance)to be maintained,while the other supported the two-foot minimum clearance. Council Members may wish to consider asking the Administration to solicit additional feedback from Community Councils since the original feedback was requested over a year ago in April of 2001. MASTER PLAN AND POLICY CONSIDERATIONS: In the past,Planning staff has indicated to Council staff that: • Current master plans were not consulted because the proposed text change will be applied on a citywide basis. • Master plan issues relating to proposed developments are addressed through the conditional use process. • Site development and utility service requirements are evaluated through conditional use, development review and building permit processes. The City's 1990 Urban Design Element includes statements that emphasize preserving the City's image,neighborhood character and maintaining livability while being sensitive to social and economic realities. Applicable policy concepts include: A. Allow individual districts to develop in response to their unique characteristics within the overall urban design scheme for the city. B. Ensure that land uses make a positive contribution to neighborhood improvement and stability. C. Ensure that building restoration and new construction enhance district character. D. Require private development efforts to be compatible with urban design policies of the city regardless of whether city financial assistance is provided. E. Treat building height, scale and character as significant features of a district's image. F. Ensure that features of building design such as color,detail,materials and scale are responsive to district character,neighboring buildings,and the pedestrian. 3 CHRONOLOGY: Please refer to the Administration's transmittal for a complete chronology of events relating to the proposed text amendment. • April 25, 2001 Letter and Draft Ordinance sent to all Community Council Chairpersons requesting input and comments. • May 17, and June 21,2001 Planning Commission Hearings cc: Rocky Fluhart,David Nimkin,Roger Cutler,Lynn Pace,Margaret Hunt,David Dobbins,Roger Evans,Stephen Goldsmith,Harvey Boyd,Craig Spangenberg,Brent Wilde,Enzo Calfa,Doug Wheelwright,D.J.Baxter,Ray McCandless File Location: Community and Economic Development Dept.,Planning Division,Zoning Text Amendment,Sideyards 4 ORDINANCE OPTIONS FOR OBSTRUCTIONS IN SIDE YARDS OPTIONS PROPOSED ORDINANCE CHANGES Option 1 (Planning Commission) *Air-conditioners which are window units must maintain at least two feet from the property line. *Allow central air-conditioning systems, heating, ventilating, pool and filtering equipment, the outside elements of which extend not more than 4 feet into the yard and maintain at least two feet from the property line. *Chimneys projecting 2 feet or less into the yard must be maintained at least two feet from the property line. *Allow eaves, not including gutters, projecting 2 feet or less into the yard. 4 foot eave may project into a 20 foot yard area *Allow bay windows which are 1 story high not more than 10 feet long, and project two feet or less. *Allow steps 4 feet or less above grade which are necessary for access to a permitted building. *Allow window wells not over 6 feet in width and projecting not more than 3 feet from structure. If (previously resolved) located within 2 feet from the property line, the window well must include a removable grate, or other cover. (This issue was resolved by the Council on July 9, 2002. The Council adopted an ordinance the allowed window wells in side yards with no distance restrictions.) Option 2 (Council's 1st version) *Allow evaporative "swamp"coolers in side yards which are window units and maintain at least two feet from the property line. *Allow refrigerated window-mounted air-conditioners or central air-conditioning compressors or systems, heating, ventilating, pool and filtering equipment in the rear yard only, and maintain at least 10 feet from the adjoining side and rear property lines (subject to meeting Salt Lake City County Health Department noise standards). *Chimneys projecting 2 feet or less into the yard must be maintained at least 2 feet from the property line. (Consistent with Planning *Allow eaves, not including gutters, projecting 2 feet or less into the yard. 4 foot eave may project into a Commission's option) 20 foot yard area. *Allow bay windows which are 1 story high not more than 10 feet long, and project two feet or less. *Allow steps 4 feet or less above grade which are necessary for access to a permitted building. *Allow window wells not over 6 feet in width and projecting not more than 3 feet from structure. If located within two feet from the property line, the window well must include a removable grate, or other cover. (This issue was resolved by the Council on July 9, 2002. The Council adopted an ordinance the allowed window wells in side yards with no distance restrictions.) ORDINANCE OPTIONS FOR OBSTRUCTIONS IN SIDE YARDS OPTIONS PROPOSED ORDINANCE CHANGES Option 3(Existing Ordinance) *Air conditioners which are window units must maintain at least 4 feet from the property line. *Bay windows which are 1 story high not more than 10 feet long, and project 2 feet or less must maintain at least 4 feet from the property line. *Central air-conditioning systems, heating, ventilating, pool and filtering equipment, the outside elements of which extend not more than 4 feet into the yard must maintain at least 4 feet from the property line. *Chimneys projecting 2 feet or less into the yard must maintain at least 4 feet from the property line. *Eaves, not including gutters projecting 2 feet or less into the yard must maintain at least 4 feet from the property line. 4 foot eaves may project into a 20 foot yard area. *Steps 4 feet or less above grade which are necessary for access to a permitted building must maintain *Window wells not over 6 feet in width and projecting not more than 3 feet from structure must maintain at least 4 feet from the property line. Option 4(Bldg. Svcs.version) *Evaporative"swamp"coolers which are window units and refrigerated window-mounted air-conditioner units should be allowed in all yards as long as a two-foot setback from property line is maintained. (According to Building Services, there is no discernable difference in noise levels between these two types of window air-conditioners.) *Central air-conditioning compressors or systems, heating, ventilating, pool and filtering equipment should be allowed within the buildable area of the lot but not in the front yard. At least 10 feet must be maintained from the adjoining side and rear property lines. (Some lots have side yards extending 30-50 feet from the property line.) *Remove the words"above grade"from the section referring to steps and add the words"required landing". (This would allow steps to be placed in the side yard either above or below grade to provide an additional access or access to a basement.) ORDINANCE OPTIONS FOR OBSTRUCTIONS IN SIDE YARDS OPTIONS PROPOSED ORDINANCE CHANGES Option 5 (M st recent prop sal *Allow ground mounted central air-conditioning compressors or systems, heating, ventilating, pool and developed in response to Council filtering equipment in the side yard. Such equipment shall maintain at least 4 feet from the property discussion on August 13, 2002.) line. *Allow bay windows which are 1 story high, not more than 10 feet long,to project 2 feet or less from the building and are located not less than 4 feet from a lot line. *Allow window mounted refrigerated air-conditioners and evaporative "swamp" coolers which maintain at least two feet from the property line. *Allow chimneys projecting 2 feet or less into the yard and maintain at least two feet from the property line. *Allow eaves, not including gutters projecting 2 feet or less into the yard. 4 foot eaves may project into a 20 foot yard area. *Allow steps and required landings 4 feet or less above or below grade which are necessary for access to a permitted building. Steps and required landings shall not be located less than 4 feet from a property line. Option 6 (Noise reduction) * Include a provision that would allow the Zoning Administrator to require some type of sound mitigation for ground-mounted air-conditioning compressors or systems, heating, ventilating, pool and filtering (This could be an add-on to any equipment in the side yard in response to a verified noise complaint. This option would allow potential proposal.) complaints to be addressed on case-by-case basis. (This would allow steps to be placed in the side yard either above or below grade to provide an additional access or access to a basement.) ORDINANCE OPTIONS FOR OBSTRUCTIONS IN SIDE YARDS OPTIONS PROPOSED ORDINANCE CHANGES Option 7 (Routine and uncontested *Allow obstructions in required yard areas as a Zoning Ordinance special exception routine and matter) uncontested matter. This option would require the special exception routine and uncontested matter process for infill construction and remodeling of existing structures that includes the following (This could be an add-on to any obstructions: proposal.) -- Bay windows, chimney, eaves and steps to be placed in side yard ithin feet of the property line. --Air conditioners, central air conditioning systems, heating, ventilating pool and filtering equipment would be allowed in the rear yard and required to maintain a distance of at least 1O et from the adjoining side and rear property lines and be subject to Salt Lake County Health Department noise standards.) *The purpose of the special exception routine and uncontested matter process is to permit an activity, use or adjustment of a zoning standard that would have less potential impact than a conditional use. *A"routine and uncontested matter" is a special exception that the Board of Adjustment has delegated to the Zoning Administrator to be determined administratively because of its routine and uncontested nature. Routine and uncontested matters are decided using the same criteria that the Board of Adjustment would use for determining special exceptions including review of such factors as location or design and consideration of ways to minimize adverse impacts through special site planning and development techniques. An application for a routine and uncontested matter must include signatures of approval of all abutting property owners. MEMORANDUM DATE: September 9,2002 TO: City Council Members FROM: Russell Weeks RE: Sidewalk Vending Carts: Update CC: Cindy Gust-Jenson,Gary Mumford,Janice Jardine This memorandum contains new information pertaining to Tuesday's discussion of the proposed ordinance to regulate sidewalk vending carts.The memorandum contains two sections. The first section contains potential alternatives to the proposed ordinance based on issues raised by individual City Council members.The second section contains information from the Salt Lake Valley Health Department about inspections of sidewalk vending carts and information from the Administration about sales tax collections by sidewalk vending cart operators. SIDEWALK VENDING CARTS Alternatives to proposed ordinance based on issues raised by individual Council Members: The items listed below are potential alternatives pertaining to sidewalk vending carts in response to issues raised by individual Council Members: LEGISLATIVE I. Maintain existing district with the southern boundary of 600 South The alternative would require no further consideration of revising Ordinance No.23 of 2002 adopted May 14. II.Establish a secondary district than has a southern boundary of 800 South,but require specific spacing between vendors,or allow fewer than one vending cart per block face. Under Ordinance No.23 of 2002 and the proposed revised ordinances,sidewalk vending carts not on Main Street are limited to one cart per block face unless the block"exceeds 660 feet."The current and proposed ordinance also requires that,"No food vendor shall operated within 100 feet on the same linear block face of a door to a restaurant." ADMINISTRATIVE/ENFORCEMENT I. The City Council may request that the Administration determine whether current ordinance requirements under Section 5.65.170 titled Operational Requirements are adequate to ensure that litter is picked up,grease stains are removed,and trash receptacles are provided by sidewalk vending cart operators.The City Council also may request increased enforcement on the issues as well as issues associated with the amount of space used,number of coolers,clear 1 passage on sidewalk for handicapped individuals and other location requirements listed in Section 5.65.120. II. The City Council may request that the Salt Lake Valley Health Department provide quarterly reports on inspections completed of sidewalk vending carts that sell food and any violations found. The City Council may further request that the Health Department notify the City immediately of violations that are considered significant public health situations. UPDATED INFORMATION HEALTH DEPARTMENT City Council staff spoke to Neil Checketts,a supervisor at the Salt Lake Valley Health Department Food Safety Bureau. According to Mr. Checketts,until about six months ago all restaurants and businesses involving retail food sales were inspected every six months.Earlier this year the division changed to"risk based"method of inspections.Under that method the division inspects businesses involved in retail food sales based on how a particular business handles food.The bottom line is all retail food sales businesses such as restaurants are inspected every six to nine months. However,the bureau has focused on food vending carts roughly within the past year. Inspectors have been directed to stop and inspect food vending carts when they see them to check to see if they are properly licensed and meet standards for handling food.Mr. Checketts said it was a fair statement to say that most food vending carts in downtown Salt Lake City are properly licensed by the Health Depaitiuent and meet standards for handling food. Mr.Checketts said that the bureau has closed some food vending carts operating in the City in the last 12 months. Reasons for closures included not having permits to operate or failing to meet standards.Mr. Checketts said an actual number of food vending carts closed by the bureau would require further research. He said the Food Safety Bureau employs 19 full-time inspectors to inspect retail food businesses throughout Salt Lake County.Roughly five inspectors are assigned to Salt Lake City. He estimated that each inspector inspects about 200 retail food businesses a year. SALES TAXES At the request of a City Council Member,Council staff checked with the Administration to see if sidewalk vending cart operators collected sales taxes.The bottom line appears to be that licensed sidewalk vending cart operators collect sales taxes at the full rate.The specific amount of sales taxes collected is hard to determine for two reasons. First, sales tax collections for a particular business is not public information. Second,the State Tax Commission does not have a category as specific as sidewalk vending carts.Tax collections from vending carts are included in the category of"eating and drinking establishments,"according to the Administration. 2 SALT LAKE CITY COUNCIL STAFF REPORT DATE: September 6, 2002 SUBJECT: Interlocal Agreement with Salt Lake County - AmeriCorps to provide staff support for the computer center at the Sorenson Multi-Cultural Center. STAFF REPORT BY: Michael Sears, Budget and Policy Analyst Document Budget-Related Facts Policy-Related Facts Miscellaneous Facts Type Resolution The proposed Interlocal This resolution The Interlocal Agreement Agreement with Salt Lake authorizes the Mayor specifies that the City will County provides for an to approve the pay an amount not to AmeriCorps program staff interlocal agreement exceed$4,000. The support person for the on behalf of the City. County will administer all computer center at the AmeriCorps program Sorenson Multi-Cultural related benefits and Center. The Multi-Cultural reporting requirements. Center budget will contribute $4,000 towards the salary of this position. Salary and benefits will be paid through Salt Lake County. The City Council will hold a briefing on September 10, 2002 regarding the proposed resolution and may consider taking action on September 17, 2002. The following are possible motions that the Council can make regarding this resolution. 1. ["I move that the Council"] Adopt a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Salt Lake County - AmeriCorps. 2. ["I move that the Council"] Not adopt a resolution authorizing the approval of an Interlocal Cooperation Agreement between Salt Lake City Corporation and the Salt Lake County - AmeriCorps. BACKGROUND The Administration is recommending that the City Council adopt a resolution authorizing the Mayor to approve an Interlocal Cooperation Agreement between Salt Lake City and the Salt Lake County AmeriCorps Program. The agreement is for an AmeriCorps member to work as staff support in the computer center at the Sorenson Multi-Cultural Center. The AmeriCorps person will provide 25-30 hours of support to the computer program. The City will contribute $4,000 towards the costs of the AmeriCorps member. The AmeriCorps program through the County will provide benefits and other considerations for this position as outlined in Attachment A of the Page 1 recommended Interlocal Agreement. The City is not adding additional staff with this program. The City Council has previously appropriated funds to the Sorenson Multi-Cultural Center for staffing. The $4,000 that is required from the City will be expensed from current appropriations in the Sorenson Multi-Cultural Center budget. Specific program details are included in the transmittal from the Administration. cc: Cindy Gust-Jenson, Rocky Fluhart, David Nimkin, Steve Fawcett, Gordon Hoskins, Rick Graham and Rosanita Cespedes Page 2 RESOLUTION NO. OF 2002 AUTHORIZING THE APPROVAL OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND SALT LAKE COUNTY RE: THE AMERICORPS PROGRAM AT THE SORENSON MULTI-CULTURAL CENTER WHEREAS, Salt Lake City and Salt Lake County are local governmental units under the laws of the State of Utah; and WHEREAS, Title 11, Chapter 13, Utah Code Ann., as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached Agreement has been prepared to accomplish said purposes; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah: 1. It does hereby authorize the approval of the attached Interlocal Cooperation Agreement between SALT LAKE CITY CORPORATION and SALT LAKE COUNTY, to wit: A Interlocal Cooperation Agreement for Salt Lake City Corporation to provide $4000.00 to Salt Lake County for the operation of the Americorps Program at the Sorenson Multi-Cultural Center as set forth in detail in the Agreement attached hereto. 2. Ross C. Anderson, Mayor of Salt Lake City, Utah, is hereby authorized to approve and execute said agreement on behalf of Salt Lake City Corporation, subject to any minor changes which do not materially affect the rights and obligations of the City thereunder, and subject to final approval of the City Attorney or his designee. Passed by the City Council of Salt Lake City, Utah, this day of , 2002. SALT LAKE CITY COUNCIL By CHAIRPERSON ATTEST: CHTFF DEPUTY CITY RECORDER APPROVED AS TO FORM G'`,Attorney\Resolutions\The Ainericorp Program at the Sorenson Multi-Cultural Center 8-23-02 doc Salt Lake City Attorneys Office ©ate .13 Rv cry— ., May 06, 2002 SL _ Rick Graham, Director of Public Services SALT LAKE COUNTY Salt Lake City Corporation Community Resources& 451 South State St., Rm. 148 Development Division Salt Lake City, UT. 84111 "Making a positive difference" Attention: Rick Graham, Director of Public Services NANCY WORKMAN Salt Lake County Mayor nworldnan@co.slc.ut.us RE: AGREEMENT FOR SERVICES BETWEEN SALT Alan Dayton LAKE COUNTY AMERICORPS COMMUNITY Deputy Mayor ACCESS TO TECHNOLOGY PROGRAM AND SALT adayton@co.slc.ut us LAKE CITY CORPORATION. PUBLIC SERVICES David Marshall DEPARTMENT, SORENSON MULTI-CULTURAL Chief Administrative Officer dmarshall@co.slc.ut.us CENTER John Rosenthal Director of Human Services jrosenthal@co.slc.ut.us Dear Rick: Michael R. Gallegos Division Director Submitted for your approval and execution are three (3) copies (originals) of mgallegos@co.slc.ut.us the above referenced AGREEMENT FOR SERVICES between SALT LAKE COUNTY AMERICORPS PROGRAM and SALT LAKE CITY SALT LAKE COUNTY CORPORATION. GOVERNMENT CENTER 2001 South State Street Period of Performance will be from January 01, 2002 through December 31, Suite S2100 2002. Salt Lake City Utah 84190-2710 Salt Lake City corporation will provide the sum of$4,000.00 in support of Tel (801) 468-3246 one(1) placement. Fax (801) 468-3684 Please sign and notarize all three copies (originals) where indicated. Return all three copies (originals) to our office at earliest convenience, we will In a copy to your office once t contra t is fully executed. i _ R 1 Si e y, \rt. : � , Richard Parks AmeriCorps Program Director AGREEMENT FOR SERVICES AMERICORPS COMMUNITY ACCESS TO TECHNOLOGY(ACAT) AMERICORPS PROGRAM (Including funding provisions) THIS AGREEMENT is made and executed as of the day of , by and between SALT LAKE COUNTY ("COUNTY"), a body corporate and politic of the State of Utah, for its Community Resources and Development Division (CRDD), and Salt Lake City Corporation, Public Services Department, Sorenson Multi- Cultural Center ("HOST ORGANIZATION"), collectively referred to herein as the "Parties." RECITALS WHEREAS, the COUNTY has entered into a grant agreement with the State of Utah to supervise within Salt Lake County an AmeriCorps Program ("Program"); and WHEREAS, the above-mentioned grant agreement authorizes the COUNTY to contract with other entities, public or private, for services in support of the Program; and WHEREAS, the Parties intend to fully comply with the express and implied intent of the National and Community Service Act of 1990, 42 U.S.C.A. § 12501 et seq. (the "Act"), as well all applicable federal, state, and local regulation; and WHEREAS, the HOST ORGANIZATION intends to transfer funds to the COUNTY to assist the COUNTY in administering the Program. NOW THEREFORE, by virtue of the authority recited and the mutual promises contained herein, the Parties agree as follows: GENERAL PROVISIONS 1. DURATION: This agreement shall be effective as of January 01, 2002 through December 31, 2002. 2. JURISDICTION: The provisions of this agreement shall be governed by the laws of the State of Utah. 3. CONFLICT OF INTEREST: The Parties shall establish safeguards to prohibit their respective employees, board members, advisors and agents from using positions for a purpose that is, or gives the appearance of being, motivated by desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. The Parties shall disclose to each other any conflict of interest or potential conflict of interest described above, immediately upon discovery of such. 4. ETHICAL STANDARDS: The Parties represent that neither has: (1) provided an illegal gift or payoff to an officer or employee or former officer or employee, or his or her relative or business entity of the other party; (2) retained any person to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies fro 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 Code or any comparable Salt Lake County ethical standards ordinances or policies; or (4) knowingly influenced, and hereby promises that they will not knowingly influence, an officer or employee or former officer or employee of the other party to breach any of the ethical standards set forth in the City's conflict of interest ordinance, Chapter 2.44, Salt Lake City Code, or any comparable Salt Lake County ethical standards ordinances or policies. 5. TERMINATION: The parties may terminate their nonmonetary obligations under this agreement with or without cause at any time at their convenience. However, if the HOST ORGANIZATION terminates its nonmonetary obligations under this agreement, all accounts and payments will be processed according to the terms and arrangements set forth in Attachment B for approved services. If the COUNTY terminates its obligations under this agreement, all accounts and payments will be processed according to the teiriis and arrangements set forth herein for approved services rendered as of the date of teiiiiination. 6. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of this agreement is illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless such provisions are mutually dependent. 7. INDEMNIFICATION: Both parties are governmental entities under the Governmental Immunity Act, § 63-30-1 et seq., Utah Code Ann. (1953, as amended). Consistent with the terms of the Act, the parties shall agree that each party is responsible and liable for any wrongful or negligent acts which it commits or which are committed by it's agents, officials or employees. Neither party waives any defenses other wise available under the Governmental Immunity Act. SPECIAL PROVISIONS 1. COUNTY'S DUTIES: To insure strict compliance with the grant agreement, the COUNTY agrees to provide the services and resources described in Attachment A which is incorporated into and made a part of this agreement and to otherwise comply with the requirements of the AmeriCorps Provisions of the grant attached as attachment C. 2. HOST ORGANIZATION'S DUTIES: The HOST ORGANIZATION agrees to provide the services and resources described in Attachment B which is incorporated into and made a part of this agreement and to otherwise comply with the requirements of the AmeriCorps Provisions of the grant attached as attachment C. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as follows: SALT LAKE COUNTY By: Nancy Workman or Designee Mayor, Salt Lake County STATE OF UTAH ) :ss COUNTY OF SALT LAKE ) ON THIS day of , 2001,personally appeared before me , who being duly sworn, did say that (s)he is the of Salt Lake County, Office of Mayor, and that the foregoing instrument was signed on behalf of Salt Lake County,by authority of law. NOTARY PUBLIC Residing in Salt Lake County ADMINISTRATIVE APPROVAL COMMUNITY RESOURCES AND DEVELOPMENT By: Michael Gallegos, Director Date: APPROVED TO FORM SALT LAKE COUNTY DISTRICT ATTO EY'S O FI7E By: / eputX Dist ct Attorney — Dat6 SALT LAKE CITY CORPORATION Public Services, Sorenson Multi-Cultural Center By: Title: ATTEST: Approved as to Form Salt Lake City's Attorney's Office Date: 877/0 2-- By: CHIEF CITY RECORDER ATTACHMENT A ATTACHMENT A The COUNTY shall: (a) Provide 1 (One) AmeriCorps Members ("ACMs") to serve on behalf of the HOST ORGANIZATION. (b) Provide for education awards to ACMs who fulfill their commitment to the Program. To receive such awards, ACMs must (1) complete 1700 hours within the service term, and (2) receive satisfactory performance reviews. (c) Provide program staff for consultation with the HOST ORGANIZATION staff on decisions or problems concerning ACMs. (d) Direct the Program by furthering recruitment, tutoring, and lawful services to lower income groups as set forth in its AmeriCorps state application. (e) Provide program staff for overall supervision of ACMs including individual conferences. (f) Maintain for three (3) years verifiable records documenting each ACM's eligibility to serve and any other information relating to each individual member. (g) Conduct criminal background checks prior to ACM placement on all ACMs who, during the course of their service, will have substantial direct contact with children or who will perform service in the homes of children or individuals considered vulnerable, as determined by the COUNTY, to the extent permitted by state and local law. The COUNTY shall maintain the results of these background checks in the individual ACM files. (h) Provide an orientation at the beginning of each ACM's term of service. (i) Provide Worker's Compensation Insurance for ACM's as required by Utah Code Ann. § 67-20-3(1). (j) Provide a Health Care policy to full-time ACMs who are not otherwise covered by a Health Care policy at the time of enrollment into the Program. (k) Provide childcare to full-time ACMs who require it. (1) Provide liability insurance for ACMs which covers both on-site and off-site Project activities. (m) Consult with, prior to ACM placement, local labor unions which represent employees of the HOST ORGANZIATION or employees in the area served by the Program to insure compliance with the non-displacement requirements set forth by federal regulation. (n) Allow ACMs who have served for at least twelve (12) months and 1250 hours to take leave in accordance with the Family and Medical Leave Act. ATTACHMENT B ATTACHMENT B The HOST ORGANIZATION shall: (a) Provide the COUNTY with S4,000.00 (Four thousand dollars) in consideration of the services provided by the COUNTY to the HOST ORGANIZATION (including but not limited to the services set forth in Attachment A) to offset the COUNTY's costs associated with administering the Program. The HOST ORGANIZATION shall provide the COUNTY such funds within thirty (30) days of signing this agreement. (b) Provide the funds as set forth in subsection (a) of this attachment even if the HOST ORGANIZATION terminates this agreement pursuant to Section four (4) of the General Provisions found herein. The COUNTY has no obligation to refund any funds on a pro rata, or any other, basis in the event of such termination by the HOST ORGANIZATION. (c) Provide the funds as set forth in subsection (a) of this attachment even if one, or more, of the AmeriCorps Members ("ACMs") assigned to work for the HOST ORGANIZATION terminates his or her relationship with the Program. If one, or more, of the ACMs assigned to perform services for the HOST ORGANIZATION does terminate his or her relationship with the Program, the COUNTY will have no obligation to replace such ACM. (d) Maintain accurate time records and forward copies of each ACM's time records to the COUNTY on a timely basis. (e) Provide day-to-day supervision for the ACMs. (f) Release ACMs from routine duties to attend special events, workshops or training planned for them by AmeriCorps staff. (g) Provide opportunities for ACMs to perform duties relevant to the objectives of the AmeriCorps grant. (45 Code of Federal Regulations § 2500.1) These objectives are to: (1) Renew the ethic of civic responsibility in the United States; (2) Encourage citizens, regardless of age, income or ability, to engage in full- time or part-time service to the Nation; (3) Involve youth in programs that will benefit the Nation and improve their own lives; (4) Enable young adults to make a sustained commitment to service by removing barriers created by high education costs, loan indebtedness and the cost of housing; (5) Build on the network of existing Federal, State, and local programs and agencies to expand full-time and part-time service opportunities for all citizens, particularly youth and older Americans; (6) Involve participants in activities that would not otherwise be performed by paid workers; (7) Generate additional volunteer service hours to help meet human, educational, environmental and public safety needs, particularly those relating to poverty; (8) Encourage institutions to volunteer their resources and energies and encourage service among their members, employees, and affiliates; (9) Identify successful and promising community service initiatives and disseminate information about them; and (10) Discover and encourage new leaders, especially youth leaders, and to develop individuals and institutions that demonstrate that a successful life includes serving others. (h) Prevent ACMs from performing duties that will supplant the hiring of an employed worker or workers or require services that have been performed by or were assigned to any presently employed worker, a recently discharged or resigned employee, an employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures, an employee currently on leave, or a striking or locked-out employee. (1) Not require or peiiirit ACMs, during the course of their service, to: (1) Engage in efforts to influence legislation; (2) Organize or engage in protests, petitions, boycotts, or strikes; (3) Assist, promote, or deter union organizing; (4) Impair existing contracts for services or collective bargaining agreements; (5) Engage in partisan political activities or other activities designed to influence the outcome of an election; (6) Participate in, or endorse, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; (7) Engage in religious instruction, conduct worship services, or provide any direct benefit to religious activities unless grant funds are not used to support the religious activity; or, (8) Engage in any organized fund raising including,but not limited to, financial campaigns, endowment drives, solicitation of gifts and bequests, and similar activities designed for the sole purpose of raising capital or obtaining contributions for the HOST ORGANIZATION unless the COUNTY determines, and approves in writing, that such activity complies with the AmeriCorps regulations. (j) Provide "reasonable accommodations" to make programs and activities accessible to persons with mental or physical disabilities (k) Insure the safety of all ACMs and prevent ACMs from participating in projects that pose undue safety risks. ATTACHMENT C • Pro a'3'S/.11 es of Me_-Provisions.Arneri.C.crosrefers to a—^Cc-s'St_re _`:Ccros-I+aconal arid ores`-r%e;arc Territories Pro -S_ _ The a Cccpe ath e i g semen t is used interdbansearlywith the ter.Gram cr Grant Awsr± Afl ap _;Is Provisions of the Corner dvs AS emer:t shall apply to,sub- Grantee An.e C rps Prcg srzs and other awards. A. DES I iIONS 1. Del:tiors S. A CORPS SPECIAL PROVISIONS 2. Purposes of the Award 3. A.+-eriCorps Affiliation a Local and State Ccnsultadon 5. Prohibited Program Activides 6. Fund Raising 7. Member Eligibility.Recruitment and Selection 3. Member Training,Supervision and Support 9. Terns of Service 10. Release from Participation 11. Minor Disciplinary Athens 12. Living Allowances,In-Service Benefits and Taxes 13. Post-set-rice Education Awards 14. Matching'Requirements 15. Member-Records and Confdend miry 16. Budget and Prop emmadc Changes 17. Rep erdi g Requirements 18. Renewal of the Award C.GENERAL PROVISIONS 19. Terms of Acceptance 20. Legislative and Regulatory Authority 21. Other Applicable Sntutory and Ad._r.:..is dve Provisions 22. R:sponsibi idee under Grant Adrnirdsuauen 23. Financial Manaosment Provisions 24 Adn'irst adve Costs 25. Equipment and Supplies Costs 26 Project Income 27. Payments under the Award 23. Retention of Records 29. Site Visits 30. Liabii:ty and.Safetsj Issues 31. Drug-Free Workplace 32. Non-discrimination 33. Supplementation,Non-duplication and Non-displacement r:wt-.3p-.'SO,1999 C • .`�. l%a:'!� '+i.� �.N d?rc ucw. 'Lei Lea. r-'7• • • • F:,3ai-April 30.1999 D=y ;?1;Jai 1 re purposes this'Cooperative _c . _A C_reru.the fol o lw d'_.i_o. apply: a. Act means the National and Service Act cf 1550,as amended(j=U.S.0 .§'2i01 e.c.) b. Adr--irt. .. •.%e costs are xpenses associated with the oven till ac.T.nm.::st'aucn of a P .and are defined in the G.-�al Provisions, Clause 24.Ad.rnini:saLve Ccs-s. C. National Service Network means Amer.Corp s'St_te, A.neriCcr:s'Nadonat.Ar er.CerpeTribes and Territories.Volunteers in Service to America(VISTA).and National Civilian Community-Corps (NCCC)Prrc*ams taken toYether as programs dedicated to national service. VISTA is authorized under the Domestic Volunteer Set-vice Act (42 U.S.C.54960 et sea.). NCCC is authorized under the National and Community Service Act(42 U.S.C.512611 et sec.). d. Approved national service pcsidon means a national service position for which the Corporator'has approved the provision of a national service educator'award as one of the benefits to be provided for successful service in the position. e. Ccgrizant agency means the federal agency ccerdinating audit and Shier fiscal requirements for those organizations with grants from multiple federal agencies. f. Cccrerrdve Agreement is a type oI federal award with substantial Corporation involvement during the Project performance period.used in these provisions interchangeably with the term Grant or Grant Award. g. Cororadon means the Ccrporaiton for National and Community Service established under of the Act(17 U.S.C.§12651). h. Education Award means an award provided to a member who has completed a required term of service in an approved national service position successfully and who otherwise meets the eligibility criteria set forth in the Act. A n education award may be used:(1)to repay qualm d student loans,as defined in the Act:(2)toward the cost of attendance at an institution of higher education.as those terms are defined in the Act:and (3) toward expenses incurred red in participating in school-to-work programs approved by the Secretaries of Labor end Education. i. Grantee,for the purposes of this acreen:ernt,means the di-ect recipient or the subredpient/site of this Grans. The term sub-Grantee shall be substituted for the term Grantee where appropriate. The Grantee is 7. l-Apra?o.1959 • ' =c" .V1:1e cc the CorT.crarion-_a __a u.e o_.o_ ." is bolas:::by he pnrrisions of the • j. Intl=or m eas a band.nation,cr other - ed_pup cr (. _ .Native -I,:.._ ti...�= _ Oti7 as d _- 'd (C)Cf the Alaska Native Clan:is.Settlement Act(= U.S.0 §1602(c)),whether bre` ....__ aC' nally or a_ n:- of v (commonly 1 C""_i'cs t_e Char.R r n Act".25 U.S.C.§§4;1 et seq.);(2) env'=c r c tal Cccratio cr�lltaae Ccr:or tion.as de=:;:ed;r.subsecdcn (g)or(5,respectively.of section 3 of the Alaska Native Claims Settlement act 43 U.S.C.§1602(g)or(1)),death iecc"ized as eiiaibis for the special prosrards and services provided by the United States under federal law to lr_deans because of their status as Indicts:aid(3)any tribal oraar=atcn controlled.sanctioned.or chartered by an entry described in p ara_:aph (13)(1)(A)of tits section. s Member means an individual: L who is enrolled in an approved national service position: ii. who is a U.S.dazen.U.S.national or lawful nerrnanent resident alien of the United States. EL who is at least 17 years of age at the commencement of service unless the member is cut of school and enrolled (a)in a fil-d e.year-round youth corps Program or full- time sir mer Program as defined in the Act(42 U.S.C. §12572(a) (2)),in which case he or she must be between the aares cf 16 and 25.inclusive.or Co)in a Proerarn for economically disadvantaged youth as defined in the Act(42 U.S.C.§12572(a)(9)),in which case he or she must be between the ages of 16 and 24,inclusive: iv. less a Leigh school diploma or an equivalency certificate[or agrees to obtain a high school diploma or its equivalent before using en education award)and who has not dropped cut of elementary or secondary school in order to enroll as.an ArneriCorps member(unless enrolled in an instil:ition of higher education on an ability tc benefit basis and is considered eligible for funds under section 434 of the Higher Education Act of 19E5,20 U.S.C.§1291),or who has been determined through an • independent assessment conducted by the Fromm am to be incapable of obtaining a high school diploma or its equivalent(provided that the Corporation has waived the education attainment requirement for the individual). 1. National Service Trust is the account established in the U.S. 'Department of the Treasury under the Act(42 U.S.C.§12601) for the pus.-pose of holding and mating payments of education awards and other education benefits to AaeriCorps members. bract-April.o.1999 • • • Ifli3 means the U.S.'.Office of Maria,gement.and Sutiser.winch issues uniform adrair.Lst-ative,a:ow:able cost sato.audit reouiremen,-,for the acihntsist—_atton cc:eCern ann.,enc.'other asmeencen,--% Got-4-...,fschcci youth means those Ltiividuals who have either dropped our or otherwise have no parmarient,--2..aliahon with a secondary school. Tits definition does not include individu,7q WhC FC. betwe=.n school years and fully intend co reram to school in the Fall. 0. Parent Organization.means a single entity,inaludinz an lincii;--n tribe. that is responsible for irriplenientincr and a National Direct AneriCorns Ft-con. p. FaID,=---:=2 means a national service Program.de.scriised in the Act(42 512572(a)),carted Otatt by the Grantee through funds awarded by the Coricoration and carted cut in accordance with federal requirements and the Provisions of tins Grant q. Project means an activity or set of activities carried out by a Program that results in a specific.identifiable community sac-rice or improvement: 1. that otherwise would not have been made with existing funds: and id. that does not du-plicate the routine services or functions of the creanization to whom the members are assigned. r. Project sponsor means an otraini=ticri Cr other entity that has been selected to provide a placement for a member. .s. Service recipient means a community beneficiary who receives a service or bar:ea from the service of AmeriCcrps members. t. State Con:mission means,for the purposes of these Grant Provl.sions, the Cornznission on National and Community Service established by a state pursuant to the Act(42 U.S.C.§12633),including an authorized alternative administrative entity to administer the states national service plan and national service programs and to perform such other dudes prescribed by law. is.Sub-Grantee or sub-recip,-i=T, refers to an organization receiving an AnneriCorps Grant from a Gnr_tee of the Corporation. 5. April 30.1999 B. 077: S?ECTA 2. PI R. OST.3 G i A�ARD. T..e general- 'poses of this Grant are"C__ -_T.. _s Don communities, _. streng.therir.s the ties that bind ccrnlr_unities tic`ether,and developi.g the eider-ship ands'{..lIa of ineriCcins members. Activities Funded th l:a this Giant are intended to help engage A..rnericans of all backgrounds as members in. ccrnmuincyused service that provides a direct and demonstrable benefit that is valued by the cormini y. Service actvides must result in a specific identifiable service or improvement that otherwise would not be provided with existing funds cr volunteers and Mat does not duplicate the routine functcrs of workers cr displace paid employees. All applicable Provisions of the Cooperative Agreement shall flow down to sub- Grantee AmeriCorps Programs and other awards. 3.APTTLIATION WITH THE ArbIER1CORFS NATIONAL SERVICE NETWORK. a Idea cs_cn as an Am er-ICorps Fros.am. The Grantee must ideno j the Pro m as an Ame.riCcrps Program and members eligible for a Corporation-approved post-service educaton award as AmeriCorps members. b.The AmeriCorps rare and logo. The Grantee must use the Ar reriCorps name and logo on service gear,statona_ry,.application forms, fundraising solicitations,recruitment brochures,orientation materials, member Curriculum.,sizzle,banners,press releases and publications aeatedby Are,eriCorps members in accordance with Co oration guidelines and requirements. The Corporation provides a camera-ready logo. To establish the relationship between the Program and Are:eriCorps,the Grantee must use the phrase"The AmeriCorps National Service Network' or'an rzeriCorps`5.Prcg-arn"and may use the slogan"C-e ing Trings Dcne"r'°cn such materials in accordance with Corporation guidelines and requirements. The Grantee may not alter the AmeriCcrps logo,and must obtain the written permission of the Corporation before: i using the ArreriCorps name cr logo or.materials that will be sold,or E. permitting donors to use the AneriCorps name or logo in promotional materials. c AnceriCor s service gear. The Grantee is encouraged to provide the Core ArneriCcrps Service Gear Pac:'cane for each member. The core package includes the standard items made available by the Corporation. 6 Find-Mari!30,1999 • Tne ..:_e.._se should _c.`-_ginbe _..`V a. __ C._'r de :=j.,-_ eriCcr=s events and- ri c- ors tc'ri a serit— C. P:. zion Am.eriCorp.s evens. The Grantee.azrees,within reasonazieltnits, p2.- CLate in AnieniCcr.ps events 2_'_d activities sponsored by the crntration.such as the National O _ng"Ceremonies, conferences and national service :cs. 4. LOCAL AND STATT1 CONSULTATION. a Com.n_.1r'co sultaton. The Grantee roust desi .implement and evaluate the Funded project with extersive and broad based community L:voive"_ent,including consultation with representatives from the community served.members and potential members.community-based agencies with a demorumntad-i record in providing services.Iour:dadon and businesses. b. Labor union concurrence. Prior to the placement of members,the Grantee must consult with local labor organizations representing employees of project sponsors or representing employees in the area to be served by the Fro sram. This includes people engaged in the same cr si u a work as t`lat proposed to be Carried cut by the Program.end is recurred to ensure compliance with the non-displacement requirements contained in.these Grant Provisions. c Sure Commission consultation. In cccrdh-cadcn with the Corporation.^meriCorps* adonal and Ar._er Corsirbes and Territories Grantees are strongly encoura3ed to consult on a regular basis with t e State Commission in each state that a ProE_'aam operates. Such co.rnunicaticrs build upon ettisting p LT:afns throughout the state while avoiding the duplication of efforts in other AmeriCorps Programs. 5. PRO:,-3I'IF�PROGRAM While charging time to the A.rnetiCors Pr .am,accumulating:-service cr cosiring hours or otherwise performing activities associated with the ' Corps program or the.Corporation.staff and r,.--lbers may not engage in the foilcv,rin?activities: a. Any effort to influence legislation. cenio±nc nga nea peti o boycotts,or strikes. L. Ors _�are_Cz_�in protests.�edr.�rs, �r�-3cr."I 30.1999 • c. Assistinz,promoting Cr deterring.union _ a C..i ervics or Cc_c'='i? Ez_ezi _in pamisen pc.li ._1 ac�v.Ges or other activities diesisme,4 to influence the cuttome cf an election to any public office_ f. Part cipating in,or endorsing,events or activities that are lihely to include advocacy for or aesiet OClitcal pla=oims, ticl almndidates rcpcsed ieaislatcn.or elected officials. g. En-aging in reizious instruction:conducting.wcrshyn_ services: providing instruction as part of a Program that includes mandatory r=Esious instruction cr worship:constructing or operating fac Baas devoted to religious isstructlon cr worship:maintau ino facilities primarily or inherently devoted to religious instruction or worship;or engaging.in any form of religious proselytizadcn. r Providing a direct benefit to: i a for-profit entity; ii. a labor union: a partisan political crgenizabon or iv. an organization engazed in the religious activiti s described is the preceding sub-clause.unless Grant fund:are not used to support the religious activities. v.a nonprofit er try.t`at f.niN to comply with the restrictions contained in section.01(c)(3)of Title 25,except that nothing in this section shall be construed to prevent m_price s cr Participants from enzaging in advocacy acavices undert lcen at their own initahve. 1. Voter registration drive-,by Atn,eriCorps members. In addition to being an unacceptable service activity,Corporation funds may net be used to conduct a voter registration drive. j. Other activities as the Corporation determines will be prohibited.upon nonce to the Grantee. Individuals may exercise their rahis as private citizens and may participate in the above activities on their initiative,on none:AmeriCcrps time,and using non- Corpora-ton funds. The A meriCorps logo should not be worn while doing so. PUN.TDi,A?ST�iC. a. Members. A member's service activities may not include organized fund raising,including financial campaigns.endowment drives. solicitation Cf gilts and bequests,and similar activities designed for the sole purpose of raising capital or obtaining.contibutons for the organization. 8 Final-.lpril O.1999 • • Service cc vities E.at raise funds or in kind con tributitns while generating,involvingend/cr encouraging.community sic ort may be considered appropriate and allowable,such as s r✓�a-gone`,to the enact they are i direct and L_�.edic_ support of:m acceptable direct service and provided t:at u,..V are not the Prog2a's ptimanf acdvit Cr r.vcive si-grificant amounts of an individual:neralo r'S time. Prohibited activities for:members include orate:ding grant proposals. performing,other fund raising activMes to help the Grantee achieve its t atoning rat or to support an or�anizatton's general oce _ttM.g expenses,and providing fund raising assistance to other community- based organizations that do not provide immediate and direct support to a grantee's approved direct service activity. b.Staff. An AmeriCorps staff member's time and related expenses may not be charged to the Corporation or Grantee share of the Grant while engaged in organized fund raising,including financial campaigns. endowment drives,the general solicitation of gifts and bequests.door-to • - door solicitations,direct mail,or similar activities for which the sole purpose is raising capital or obtaining contributens-for the organization, rxpersas incurred to raise funds may be paid out cf the funds raised. Development officers and fund-raising staff are not allowable expenses. Staff time and effort spent on raising the match requirements should be incidental to the overall management of the Program.and should be focused primarily on developing and disseminating information to potential funders on the rneriCorps Program and its achievements. Staff can mace presentations and educate funders on objectives,goals and accomplishments. Efforts to involve the community in support of the ArrieriCorps program.such as obtaining medical contributions or assistance at a health fain donations of building supplies for an A_neriCorps construction project;and coordinating community participation in and support of a serve-a-tl-ion and service activities are also allowable. 7. ELIGES ITY,RECRUIThENT,AND SELECTION. a. Eligibility to enroll. The Grantee may select as AmeriCorpe members only those individuals who are eligible to enroll in AmeriCotps. L-1 order • to be eligible,an individual must comply with sections ii-iv of the definition of a member(Definitions,letter it). The Grantee is responsible for obtaining and maintaining documentation certifying the eligibility cf members. A,eligible member is an individual: i. who is a U.S.citizen,U.S.national or lawful permanent resident alien of the United States: ii. who is at least 17 years of age at the commencement of service • unless the member is out of school and enrolled Final-April 30.1999 • • • (a)in a fun-tine, f ar: rnd s .corps Pro or ru me - t rPro am as defined intie._ t(�12JU.S.C. §12572(a) (2)),in which case he or she must be ber,vean ages of la and 25,inclusive,or (l)in a F for economiceily disadvantaged:tared youth as defined Me Act(42 U.S.C.§12572 (a)(9)),in which case he or she must be between the ages of 12 and 24.incl live: has a high school diploma or an equivalency c W=c=te[or agrees to obtain a bait school diploma or its equivalent before tusinna_an education award]and who has not dropped cur of znta-y or secondary school iri order to enroll as an AmeriCorps member(unless enrolled in an istituton of higher education on an ability to benefit basis and is considered eligible for funds under section 434 of the 1-fisher Education Act of 1955,20 U.S.C.§1091),or who has been determined through an independent assessment conducted by the Program to be incapable cf obtaining a high school diploma or its equivalent( rovided that the Corperaton has waived the education attainment requirement for the individual). b. R_=itnent. I. Community recruitment.The Grantee must seek to recruit Program members from the community in which the project is conducted,as well as members of diverse races.ethniciti_s,gender, ages,scdoeconomic backgrounds.educational levels.and mental and physical capabilities,unless and to the extent that the approved Program design requires emphasizing the recruitment of staff and members who share a spec characteristic or background. In no case may a Grantee violate the non- discrimination and non-displacement rules governing member selection. ii. National rem itment. To supplement local recruit-.rent efforts, the Grantee is encouraged to request referrals of eligible individuals through the Corporations national recruitment database and the various State Commissions'recruitment systems. • The Corporations overall goal is to have 25%of AmeriCorps members nation-wide recruited from the national pool. Grantees may be asked to consider qualified individuals on the referral list but will net be required to select anyone. Frospe tive.AmeriCorps members may access the material recruimient database through the Corporation's toll-free number.l-3C0-94-ACOR.P/1-€00-942-2577 (voice),or 1-8C0-333-3722(T'Dl). • hi.Policy on Enrolling ACNs Late in the 1999-2000 Program Year. Due to the likelihood of amendments to the National and Community Service Act.State Comm—issions and Parent Organizations.are sttonaly discouraged from allowing their programs and sites to bring on new AmeriCorps members late in 10 • Far!•April:0.1999 1666-2013 if merribers will be una_-_is leas term of service by December 2010. Selecton. The Grantee is raspcnsib e for eszablisioLo-,i the _mum cualificatior..s for membership n the Program.selectir.z: a t.`at i set those qualircaticos assigning members projects that _ a lace to ti eS sldul levels. The Grantee must select members in a fail,non-pa-r".isan,non-political and non-discrnoina_' marmer,without regard to the member's reed for reasonable accommodation or chid care, without di.ulac';g paid employees,and in accordance with its approved arplicatic n. The Grantee is encouraged to select members who possess a commitment to the goals of A:ner.Ccrps. d. Reasonable accommodation.Programs and activities must be accessible to persons with disabilities,and the Grantee must provide reasonable accommodation to the known mental or physical disabilities of otherwise qualified members,service recipients.applicants,and program staff. All selections and project assignments must be made without regard to the need to provide reasonable accommodation. By far,the vast majority of accommodations are inexpensive. For those limited cases where reasonable accommodations are more costly,there is a limited amount of money available through State Commissions to provide accommodations for service members. By statute,only Subtitle C competitive State and National Direct AmeriCorps Programs may use these funds. The President's Conn ittee or.Employment of'People with Disabilities operates a toll-free,confidential.free resource for employers cn reasonable accommodation requirements and options for accommodating employees at(800)528-7234(voice/TDD),e-mail at Jf=.l`I�iari.icd=',rvri.'ru.or w_beite a:vr,'.v.ccsnd.go . Accommodations that impose an uridue financial or administrative burden on the operation the program cr fundamentally alter its nature are not reasonable accommodations.and the Grantee must document and prove any undue burden. Similarly,persons who pose a direct threat to the health or safety to themselves or others,where the threat carrot be eliminated by reasonable accommodation,are not qualified individuals with disabilities,and the Grantee must document and prove the direct threat. a. Level of participation. The Grantee must seek to ersoll the number of full-time and part-time members agreed upon in its approved application. A Program should make every effort to begin"classes or terms of service in January,June or September,with Septemberserving as the primary class or beginning of the Program year. Programs have the option of filling the vacated slots at any time:however,the Corporation specifically discourages rolling admissions. Should a Program not be renewed, members who were scheduled to continue in their terms of service either maybe placed in other Programs where feasible,or can receive a pro- Fine!-April 30.1999 11 • •rated education award if the...__-.b_: as c=p,leted a:lei:15%of the service hour rest=rc_.._r-it. f. Member Class_cation. r neriCorps members are not em:iovees of the Pro___._,or cf t.e federal government. The- tipn. " -=pa :the National and Co- Service Act cf�1990 as e _ Ls to .._. riCorps me,-;er-s. As such."a pa. -t(member)shall net be considered to be en employee of the Program in which the bamicir,a.int (--ember)is enrolled." Moreover,members are not allowed to perform an employee's duties or o er,ise displace employees. For the limited purposes of the Faintly and Medical Leave Act of 1553,the member may be considered an eii bie employee of the project sponsor. The Family and Medical Leave Act's requi: :is as they apply to Amer-iCoros Programs are contained in 43 C.F.R.Part 2540%20(b). Generally.this Act will apply only to second term members. g. Parental consent. Before enrolling in a Program,individuals under eighteen years of age must provide written consent from a parent or legal guardian. h. Criminal record checks. Programs with members or employees who have substantial direct contact with children(as defined'ov state law)or who perform service in the homes of children or individuals considered vulnerable by the program,shall,to the extent permitted by state and local law,conduct criminal record checks on these members or employees as part cf the screening process. This documentation should be maintained within member cr employee fles. i. Criminal charges. ACM;who are officially charged with a violent felony,cr with the sale or distribution of a controlled substance during a term of service will have their service suspended without a living allowance and without receiving credit for hours missed.They may resume AmeriCorps service if they are found net guilty or if the charge is dismissed. If ACMs who have been cleared of such charges are unable to complete their terms of service within one year,they may accept a pro- rated education award as long as they have completed at least 13 percent • (255 hours full-time/135 hours part-time) of their service. ACMs may elect to continue with their service beyond the first year assuming the program is renewed and the grantee has the necessary resources to absorb any additional costs.Again.the term of service may be completed at another site,if both sites approve. ACMs who are convicted of a criminal charge as described above must be terminated for cause from the prob am.and they are not eligible for any port on of an educational award. 8. TRADENG,SUPERVISION AND SUPPORT. r,,a(-Apr!!30.1999 1' a. Planning for the term-of service.. 1 he Gran - must de e_C position descriptions.that provide for direct end meanlinpful aCrivities and pet-fon:nu-ice criteria er e e Lro tr_ :to tine skin level of members. - bers. Member activitiesr e"not ha clerical work.veer:: Cr activities unless such activities are incidental direct service activities. The Grantee must ensure t_` e=ch member _as sufficient -t cppertun to complete the r cuired number of Lours'cc qualify y for a post-set-vice educator.award. In planning fcr the members term of service,the Grantee must account for holidays and other dime off, and must provide each me :ber with sufficient oppertuniry to make up missed hours. b. Member contracts. The Grantee must squire that members sign contracts that,at a minimum,stipulate the following: i. the minimum number of service hours and other requirements (as developed by the Program)necessary to successfully complete the term of service end to be eligible for the education award: ii. acceptable conduct: iii. prohibited activities: Iv. requirements under the Drug-Free Workplace Act(41 U.S.C. 5701 et seq.): v. suspension and termination rules: vi. the specific circumstances under winch a member may be released for cause: ram. the position description: viii. grievance procedures:and i:. other requirements as established by the Program. c. Training. Consistent with the approved budget,the Grantee must provide members with the training,skills,knowledge and supervision ne=Kery to perform the tasks required in their assigned project positions, including specific training in a particular field and background information on the community served. The Grantee must conduct an orientation for members and comply with any pre-service orientation or training required by the Corporation. This orientation should be designed to enhance member security and sersidvity to the community. Orientation should cover member rights and responsibilities,including the Frogram's code of conduct,prohibited activities,requirements under the Drug-Free Workplace Act(41 U.S.C. 5701 et seq.),suspension and termination from service,grievance. Procedures,sexual harassment,other non-discrimination issues,and ether topics as necessary. d. Serric_-leamnirg. The Grantee agrees to use service experiences to help r' 'bera achieve the skills and education needed for productive, active citizers ip,including the provision,if appropriate,or structured opperamitiies for members to Ieflect on their service experiences. Final-s e 30,1999 1st Li_—_on a r. _tion_and _— tvties. No more _a.__ ,ci of a_g:_r_'ie or all member service LGi`s in a roc a —__may be sp.en t in education.t`i err Cr other n o_-die=-activities. f". S--- -r<' n. The Granteemust pro ide members with adequate supervision by quait.ec:super .:Cis L_c�wny�c,...-_w_N;t_c ___ d. application. The Grantee must establish and ersfor:_a code cf r:duct for members. g. Performance reviews. The Gramee must conduct at Ieast a min ta:ni u_,;__ and end-of-term written z•raia_�::of each member's performance. • focusing on such factor as: i. whether the member has completed the required number of hours: ii. whether the member has satisfactorily completed assignments; and iii. whether the member has met other performance criteria that were clearly com unicated at the beginning of the term of service. h. Support services. The Grantee must provide specific support services to members who are school dropouts by assisting them in earning the equivalent of a high school diploma:and to members who are completing a term of service and are making the uansition to other education and career opportunities. i Registration to vote. The Grantee should encourage all eligible members to register and vote. However,the Grantee is prohibited from requiring members to register or to vote,and from attempting to influence how members vote. Members who are unable to vote before or after service hours should be allowed to do so during their service time without incurring any penalties. The site director should determine the length of absence. j. jury Duty. The Grantee must allow AmeriCor-s members to serve on a jury without being penalized for doing sc. Durine the time Amer,Corps members serve as jurors,they should continue to receive credit for their normal service hours,a living allowance,health care coverage and.if applicable,child care coverage regardless of any reimbursements for incidental expenses received from the court. k. Member injury. The Grantee must report any serious injuries to the appropriate Corporation Prop:m Officer immediately. I. Armed Forces Race:r:e.Generally,the Reserves of the U.S.Army,U.S. Navy.U.S.Air Force,U.S.Marine Corps,U.S.Coast Guard.the Army National Guard and the Air National Guard require reservists to serve one weekend a month plus it to 15 days a year(hereafter referred to as the two-week active duty service). F.ncf-April 90.1999 1'# To__e extent possible,- should seek to..�.i.:h___..disc' in members' ncenCorpsceriice as a result related to their reser .._t duties.If--embers have a choice of when.to their annual t, o-week active du;y repair eme u,they should do so when it will not disr 1pt their...oa iCor as service.In instances`inhere the dates cf active duty are inflexible and conflict with AmeriCcrps service,members should be granted a leave of absence for the two-week pentid of act'v'e duty service in the Reserves. Members may not receive time-off for additional Reserves-related service beyond the two-week active diary T service.1�'�o Amy eriiCoros service credit is earned for the once-a-month weekend service in the Reserves. Grantees should credit members for AmeriCorps service hours during their two weeks of active duty service iz the Reserves if it occurs during their AmeriCorps service.The member would receive credit for the number of hours he or she would have served during that period had there been no interruption.For example full-time member is signed up to serve 30 hours of ArneriCorps service one week and 40 hours of AmeriCorps service on the following week,she or he would receive 70 hours of ArneriCorps service credit for the two weeks of active duty service re?ardless of the actual number cf hours served in the Reserves. Reservists in the U.S.Armed Forces receive compensation for their mandatory two-weeks of active duty service.The compensation regulations governing the Army and Air National Guard may vary by state. Grantees should continue to pay the living allowance and provide health ore and child care coverage for the two-week period of active duty. 9. TERMS OF SERVICE. a. Program requirements. Each Program must.at the start of the t_f-n of service,establish the guidelines and definitions for the successful completion of the Program year,ensuring that these Program recuirements meet the Corperadon's service hour requirements as defined below: 1.Full-;eerie__members. Members must serve at least 1700 hours during a period cf not less than nine months and not more than ore Year. ii. Part-time members. Part-time members who are not enrolled in an institution of higher education must serve at least 900 hours during a period of not more than two years. Hi.Reduced cart-time members. Reduced part-time members may serve at least 300 hours in a summer program or at least 450 hours over a time not to exceed one year. 35 !-Apri!JO.1999 Fria! iv. Abbreviated'S times programs. Under special c .v grantees may,with the Cc-crayon's prior approval.L_:c=^- t a shortened prom for a concentrated period such as summer. These shorter programs reouire members to serve full-time or close o fall-time for the stipulated period. In no case will the Corporation support a shortened prom under which members would serge just a few hours a week over an extended period of time without a concentrated full-time period oI service. b. Service it a second term. Programs are under no obligation to enroll members for a second term of service.To be eligible for a second term. members must receive a satisfactory performance review for the first term of se In any event,members may receive in-service and pest-service benefits funded by the Corporation for only the first two terms of service. c. Notice to the Corporation's National Service Trust. The Grantee must notify the Corporation's National Service Trust immediately in writing upon a member's enrol,rent in.completion of.lengthy or indefinite suspension from,cr release from a term of service. Lengthy or indefinite suspension of service is defined as any extended period during which the member is not serving service hours or receiving AmeriCorpebenefits because it is unclear when the member might return to the Program. The Grantee also must notify the Trust when a member's status is approved and changed(i. .from full-time to pert-time or vice versa). Failure to report such changes within 30 days may result in sanctions to the Grantee up to,and including suspension or termination. Forms for this filing will be provided to the Grantee. Any questons regarding the Trust may be directed to (202)606-5000 ext.347. d. Notice to Child Care and Health Care providers. The Grantee must notify the Corporation's designated agents immediately in writing when a member's status changes such that it would affect eligibility for child care or health care. Examples of changes in status are converting a full-time member to part-time member,the termination of or release from service. and suspensions for cause or which are lengthy or indefinite. Program directors should contact AmeriCorps<Cere at 1-300 7 0-4543 on chid care related changes.and if using the Corporation's Allianz health care policy, should contact SRC at 1-300-738-6557. e. Chatigiing member status. Circumstances may arise within a program that necessitate converting full-time members to part-time or vice versa. The following distinguishes between converting unfilled Am.eriCorps member positions and converting currendy enrolled members from their enrolled status. Note that once a member is given a partial education award,the remaining portion of that education award is not available for use. i.Unf��ad positions.State Commissions and Parent Organizations are hereby delegated authority to approve or authorize the conversion cf unfilled full-time member positions to part-time within the following .-i.l•April 30.1999 2 6 • iu..s-e_. The number of unfilled poor±Cr.s that may be converted -ay not exceed 15%of the Parent Oraa:d_r.a do n's cr specific State • Commission Program's awarded crded frail-time equivalent positions or 10 equiv-alent positions,whichever is less. For example.if a Par ent Orzari7aion or specific Stag Commission Co ssion Prp was awarded 30 full-tine equivalent positions,no more than 5(the lesser of S and 10)full-time equivalent positions may be converted forthe cr am. If a Parent Oreeri aton or specific State Commission Prozrain was awarded 100 full-time equivalent positions,no more than 10(the lesser of 15 and 10)full- equivalent positions may be converted. When positions are converted.the number of full-time equivalents must remain the same within each program to maintain the equivalent estimated cost per member. In other words,if you want to replace 1 full-dine unfilled member position,you must establish Z part-time 900 hour positions. Conversely,unfilled part-time positions may be converted to full-time positions within the aforementioned constraints pertaining to number and percentage li,tations.number of full-time equivalents,education awards provided.and available funds. ii.Enrolled members. (a)Full time. State Commissions and Parent Organizations may authorize cr approve occasional changes of currently enrolled full- time members to part-time members within the first three months of the member's service and within the corsnaints defined above in section ed. Impact cn program quality should be factored into approval of requests. The Corporation will not cover health care or child care costs for part-time members,therefore appropriate adiusa;.ents must be made. It is not allowable to G'ansfer currently enrolled full-tune members to a part-tune status simply to provide a part-time education award.A Change of Status form must be completed and forwarded to the Corporation within 30 days. co)Part-tile.Converting part-time members to full-time is discouraged because it is very difficult to facilitate,unless done very early in the member's term of service. State Commissions and Parent Organizations may authorize or approve such changes so long as they are within the fist three months of the members service,and the current bud_et can accommodate such changes. Programs must keep in mind that a member's minimum 1700 hours must be completed within 1Z months of the member's original start date. A Change of Status form must be completed and forwarded to the Corporation within 30 days. State Commissions and Parent Organizations must forward all changes and appropriate forms to the Corporation after approval. Any requests for changes that fall outside of the parameters set forth above, including those involving reduced part-time members,must come to Ft- 1-Apri130,1999 17 'e L.,orp:oration for written approval with concurrence tr-,m r e State Commission fission or'j1eni. Org tri?a_..cn. 10. SiLEASE DM �_��i1iCIPATI 1�1. 9, 1999, the Corp oration published in the FederalR sister proposed to the regulatcns governing release from participation, includingthe d � A y C+iLe�a tor determining compelling personal circumstances.�:a.:si.�^r::i.�s. After r:.'!ie,N - p i.:bLic comments on the proposed chanres the Corporation will issue final rules and thin distribute a revised Clause 10 at that time. 11. MINOR DISCLLT aAPY ACTIONS. The Grantee may temporarily suspend or impose a fine on a member for minor disciplinary reasons, such as chronic tardiness, as outlined in the conditions of the member contract. a. Temporary Suspension of Service. The period of suspension does not count toward a member's required service hours. Further, members who are suspended for minor disciplinary reasons may not receive a living allowance for the suspension period. b. Fines. If determined to be necessary for improvements in member performance or attendance, the Grantee may impose a reasonable fine on members for minor disciplinary problems consistent with the member contract. The fines may not be calculated on an hourly basis. For example, a member who is an hour late may not be fined an hour's worth of living allowance. Instead, the Grantee shall establish a written policy on fines, which is not linked to an hourly rate. The Grantee may not deduct fines from the member's living allowance. 12. LIVING ALLOWANCES, OTI- R IN-SERVICE BENEFITS AND TABS. The living allowance match must come from non-federal sources, unless an exception for lack of available financial resources at the local level under 42 U.S.C.§12594 (g) is specifically approved in Section VII. Special Conditions of the Award document Programs that want to provide a living allowance in excess of 53,730 must provide a Grantee match for all funds over 57,420. Prog.ams may not provide a living allowance benefit above S17.376 unless it meets the conditions of a professional corps as provided under 42 U.S.C. §12594 (c). Programs in existence prior to September 21, 1993 may offer a lower living allowance than the minimum; num; Corporation funds will support only 35% of the actual amount. a. Living allowances. Unless otherwise agreed upon, a vi Grantee must prode a living allowance to 11 -time members in accord with the following: I. Full time requirements. The established range for a full time living allowance is between 53,730 and 517,376. The 53,730 is based 13 Final-April 30. 1999 on the totaiaveraranuiactcvdsdmV3TAvo1ueers, The Corporaton will only fund op to 85%of the minimum living . . allowance(33,730),which is a marinnum of 37,420 per full-time member. - rai.r.im= 1E.96-'-to be matched lov non-federal souries.. that to provid-a livng.ailoviamt:•= excess of 33.730 must provide a Grantee match for-all Linds over .37,422. If the program is pemiltted to provide a livinz allowance that is less than 3.3,730.,the Corporation will only fund 35%of Inc actual amount. ii. Part time requirements. Prozams are not reguired to pay part- time members livinz allowances. If a Program chooses to pay part- time members,it should prorate the f-ull-time living allowance based on the part-dime member's service.The Corporation will fund up Co 35%of the pro-rated living allowance. Other Requirements. Prt.‘,.grarns may not provide a living allowance benefit above 317,378 for full-time members unless permitted under 42 U.S.C.5125.9.4(c),or pro-rated based on number of hours for part-time. Programs in existence prior to September 21. 1993 may offer a lower living allowance than the minimum (33,730 for full-time members,or pro-rated for part-time):however, Corporation funds will only support 3576 of the actual amount. b.Living Allowance IDistriloutic.r_ The living allowance is designed to help members meet the necessary living expenses incurred while pardciparing in the.A.ur.eriCorps Program.Programs must not pay a living allowance on an hourly basis. It is not a wage and should not fluctuate based on the number of hours members serve in a given time period. Programs should pay the living allowance in increments,such as weekly or hi-weekly. Programs may use their organization's payroll system to process members'living allowances. However,if a payroll system cannot be altered and must show 40 hours in order to distribute a living allowance,then members'service hours should be documented separately to keep track of their progress towards the Program's total required AmeriCorps service hours. c. Waiving the living allowance. A member may waive all or part of the payment of a living allowance if he or she believes his or her public assistance may be lost because of the living allowance,with the following caveats: i. Even if a member waives his or her right to receive the living allowance,it is possible—depending on the specific public assistance program rules—that the amount of the living allowance that the member is eligible to receive will be deemed availaole: U. Members may revoke the waiver at any time during the course of the program: hi. if a member revokes the waiver,he or she may begin receiving the livina allowance only from the date on which the waiver was revoke.d;the member may not receive any portion of the living allowance that accrued during the waiver period. Final-April 30,1999 19 L l ICr. Unless the Grantee obtains a ruling from the Internal Revenue Service. that sp e ific lly eia'e '...ts its eriCcrps .-......_hers • 1-o� FICA requirements, the Grantee must pay FICA for any member a living allowance. The Grantee also i.:st 1.55% from the :lember's living allowance. L. Income Taxes.The Grantee : sie4 must withhold personal income taxes from member living oj/Ya1.ces, requiring each member to complete a W-4 form at the beginning of the term of.service and providing a W-2 form at the close of the tax year. i:._. Unemployment insuh nce. The L.S. Department of Labor ruled on April 20, 1995 that federal unemployment compensation law does not require coverage for members because no employer- employee relationship exists.The Grantee cannot charge the cost of unemployment insurance taxes to the Grant unless mandated by state law. Programs are responsible for determining the requirements of state law via their State Commission, legal counsel or the applicable state agency. AmeriCorps National and AmeriCorps'Tribes and Territories Grantees must coordinate with their State Commissions to deta_rmme a consistent state treatment of unemployment insurance requirements. State Commissions must coordinate the determination of the srate's legal requirements to pay unemployment insurance for members with the Corporation's General Counsel. The Grantee must receive written approval from a Corporation Grants Officer before charging such expenses to the Grant. even if they are contained in the approved budget. iv. Worker's compensation.Worker's Compensation is an allowable cost to the Grant. The Grantee is responsible for deterrmining whether state law requires the provision of worker's compensation for members. If a Program is not required by state law to provide worker's compensation; the Program must obtain Occupational Accidental Death and Dismemberment coverage for members to cover in-service injury or incidents. v. Liability Insurance.The Grantee must have adequate liability coverage for the organization, employees and members, including coverage of members engaged in on- and off-site project activities. e. Health care coverage.The Grantee must provide a health care policy to those Pull-time members not otherwise covered by a health care policy at the time of enrollment into the ArneriCorps pro _am, or to those members who lose coverage during their term of service as a result of participating in the Program or through no deliberate act of their own. The Corporation will not cover health care costs for family members or for part-t_me re:~ 3 Minimum benefits.The health care policy must meet the • following minimum benefits: �J rural-April 3O. 1999 • • Ci:Ysi.a;.J<rlc55 for - SS or izjL- — ' hc<cit rCcm and.board, ' emergency roCr : • x-ray and laboratory; crescricticn drugs; ' limited mental/nervous disorders. • limited rubst-substance_�.._._,ce abuse coverage: ' an annual deductible cf no more than 3250 per member; no more t:an 51,000 total annual out-of-pocket per member; • a 20%co-pay or a comparable fixed fee with the exception of a 5C%cc-pay for mental and substance abuse care:and • a ma: ..um benefit of$50.000. i. Corporation health care policy. Programs without existing health care coverage or with coverage that does not meet the • minimum requirements may select the ArneriCorps alternative health care policy. Information and brochures relative to this coverage will be provided by the Corporation's administering agent.Sa-ategic Resource Company(SRC). Programs that have not received information,or that have additional questions.may contact SRC at 1-8C0-733-6557. It is the Program Director's responsibility to enroll members into the policy at the beginning of the service term and to notily SRC of any changes in the group enrollment during the program year. • ill.Use clan existing health are policy. If a Grantee is going to use a health care policy that charges more than 3i50 per month per member to the Corporation.a copy of the policy along with a summary of its coverage and costs must be sent to the Corporation's Grants Office. Grantees with a National Association of Service Conservation Corps(NASCC) policy at the time of their initial application for the AmeriCorps Grant only need to rotif-y the Grants Office. iv. Part-time members. Although no portion of health insurance expenses for part-time members maybe paid from Corporation funds.Programs may choose to provide health care to part-time members from other sources. v.Part-time members serving in a full-time capacity. Part-time members who are serving in a full-time capacity for a sustained period of time(such as a Brill-tine summer project)may be eligible for health care benefits supported with Corporation funds, although that coverage must be approved in the Grant or via prior written approval from the Corporation. i. Child care. The Grantee must ensure that child care is made available to those full-time members who need such assistance in order to partcinate. Members are not eligible to receive child care from A1meriCorps while they are receiving other child care subsidies. raw!-April 30.1999 21 1. Member ells bi.i-v. A_ member is considered to nee- child ca+e • in order to Lratici✓ate in the i rog Wm ii: (a) .-e or sheis the parent or GvGl iGG:i (L1 Gc4 i�� in- oco • parents ) for a child under the of 13 who resides Wit. t.Zie r, (b) he or she has a family ilj income that hat does nor.exceed t_c st te's income eligibility guidelines for a fan-lily �3 same size. At a maximum. family income can be no more than f 5% of the states median income; and (c) at the rime of acceptance into the Program, he or she is not receiving child care from another available source. ii. Qualified providers. To be elite ble for payment with AmeriCorp s funds, a child care provider must qualify under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. § 93 Sc(=l)(A)). Each state has its own criteria. Payments will not be made to ineligible providers. . iii. Administration of child care payments. In general, the Corporation will provide for child care payments, which will be administered through the National Association of Child Care Resource and Referral Agencies (NACCRRA), hereafter referred to as ArrieriCorps®CARE. Grantees that choose.to provide child care as a match source (as approved in their budget) may use ArneriCorps®C AsRE for technical assistance. Grantee's can contact AmeriCorpsCARE at 1-300-570-4543 with questions regarding child care. iv. Program Director's responsibilities. In addition to determining a member's eligibility at the start of their term of service. Program directors are required to notify AmeriCorps'CARE immediately in writing when: (a) a member is no longer eligible for child care benefits due to a change in the member's eligibility status (e.g., family income exceeds the limit, the child turns 13, a full-time member becomes a part-time member, or a member leaves the Program); (b) new or e:dsti-ng members become eligible for child care benefits; (c) a member wishes to change child care providers or a child care provider will no longer provide child care services: or (d) a member is absent from the Program for excessive periods of time (five or more days in a month). Costs incurred due to the Grantee's failure to keep A.:neriCorpsCARE immediately informed of changes in a member's status may be charged to the Grantee's organization. v. Part-time members. Although no portion of child care expenses for part-time members may be paid from Corporation funds, Programs may choose to provide child care to part-time members from other sources. vi. Part-time members serving in a full-dme capacity. Part-i =e J members who are serving in a full-time capacity for a sustained , 22 Furaf-Aril 30.1999 .tithe(such-as a``ll-_. --era__ _-_t)may be eligible for child care beruefits supported wish Ccirpor.tion funds. that cover- must a— ed inthe G on:or via- n1 =r va from e cc.rocr _- v:. Payments. Payments or reimbursement for child care benefits will be made fore _Jie members to qualified providers from the date child need was eStabhshed after service began. No oayrnents and r.rnbursera enis will be made hi the e.vent than 1�-er'_Cc-s member was ineii bier or if t.e provider was cc; qualified under the state o.lid ._e.. es. g. Family end M.edicol Leave. A,-erriCorp s members who have carved for at least 12 months and 1250 hours can take family and medical leave accordance with the Family and Medical Leave Act of 1'393 (FM LA), provided the sponsoring institution.if non-federal.emplcvs staff of more than 50.people. (See the Corporation's Regulations at 45 C.F.R.Fart 2540.220) Under Fd,E.A,members may take up to 12 weeks of unpaid leave during a 12 month period for the following reasons: L the birth of a child: ii. the placement of a child with an AmeriCers member through adoption or foster care; L serious lllr:ess cf an AmeriCot- s member's spouse,child er parent:or iv. serious illness preventing the?—*r_eriCorps member from performing his or her essential service duties. According to Corporation regulations,a serious health condition is an illness requiring in-patient care or continuing treacaent by a health care provider. Lri the Grantee's discretion,temporary leave may also be authorized for the reasioris allowed under PMLA to AmeriCorps members who do not otherwise meet the eligibility requirements for Fivll_A leave as described above. If tempo_y leave is appropriate,gg.antees have the flexibility to determine the duration of the absence for up to 12 weeks. The length of the leave must be based on two considerations: (1) the circumstances of the situation_:and(2)the impact of the absence on the member's service experience,and the overall program. If the disruption would seriously compromise the member's service experience or the quality of the program as a whole.then the grantee may offer the member the option of rejoining.the program in the next class or completely withdrawing from the program. The g antee also may allow a member to tape intermittent leave or reduce his or her service hours for any of the reasons mentioned above. Grantees may continue tc provide health care coverage to members on family and medical leave. If at the end of the leave,a member decides not to rejoin the program.Pl'i A allows grantees to recover their health premium payments,unless the reason for not returning is the Fad-Apr!13O 1999 23 continuation of the serious health condition or other beyond the members s control. Ec ever.give__ �e,._..c_.. ct:ma involved(in most cases less than 3 YC0 per A-Te iL rn ._.ember),G may elect not to adopt this recovery policy. Family and medicalleave `i e does not count toward the reouisite service hours end members may not receive a living e iow ce Curio this period. h. F ede al Work St_dy. Upon Corporation approval.Work.Study students may be enrolled as AmeriCorps members. F-neriCorpps member benefits are reserved to those individuals who enroll in an AmeriCorps position in a pr ocorani that has been approved by the Corporation. Except as required by Federal Work Study regulations.ArneriCorps members may not be paid on an hourly basis. Federal Work Study funds are treated as any other federal funds and do not affect Grantee matching requirements. 'Programs that use Federal Work Study funds to support members still have to raise at least 15 percent of member support costs through non-federal sources. 13. POST-SERVICE EDUCATION AWARDS. In order for a member to receive a post-service education award from the National Service Trust.the Grantee must certify to the National Service Trust that the member is eligible to receive the educational benefit. The Grantee must notify the National Service Trust on a form provided by the Corporation when it enrolls a member for a term of service.when the member completes the term. and whenever there is a change in the member's status during the term(e.g.. release for compelling circumstances or suspension). A member may receive a post-service education award only for the first two terms cf service. One full- tme and one-part time term cf service count as two terms. If a member is released for reasons other than misconduct prior to completing 13%of a term of serrce,that term does not count-as one of the two terms for which an education award may be provided. No Corporation or other federal funds may be used to provide member support costs for a third or subsequent term of service in an AmeriCorps State or National Program. Li order to receive a full education award,a member must perform the minimum hours of service as required by the Corporation and successfully complete the program requirements as defined by the program. For example,if successful completion of a full-time pro am requires 1.300 service hours,members in that particular program are not eligible for an education award simply upon completion of 1,700 hours. If a member is released from a Program for compelling personal circumstances, the member is eligible for a ono-rated education award based on the nu-mbar of hours served,if it is at least 15%of the total required hours.Questions regarding authorized uses of the education award should be directed to the Trust at(202) 6606-5000 ext.347. Thd 24 .April J0.1999 _'.LL _C NC-FEC?_EM 4TS. a. 2'-,fatritini.7.obliiration. TheGraniee must-- ida .d account for the 'na:-ching funds as agreed i:7.Co:ir.r.the a=—_ _e All programs a.e rer.uiraci to raise some inncis from.the private sector.be. non-governmental funds. The Corporation's statute raoitires,at a minimum.,the foil cvv-i o sg a r=�=ones: i NI:a:b r Support Costs: 15% i:cludi:g Living Allowance,FICA.Unemployment insur-c=, Worker's Compensation and Health Care i.F,oaram O rerat iog Costs: 33%- i.cluding Other Member Costs,Scar.Operating Casts.Internal Evaluation and Administration For further requirements,refer to OMB Circular A-102 and its implementation regulation(45 C.F.R.Part 2543)or A-110(45 C.F.R.Part 25,41),as applicable. b. Cash match for Member Support Costs. The Grantee's matching contributions for Member Support Costs(excluding health care)must be in non-federal cash.unless otherwise authorized in accordance with ArnenCorps Special Provision 12,Living Allowance. Tribal funds acquired through Y.L.93-533 are considered non-federal and may be used to match Member Support Coats. Unless otherwise agreed upon by the Corporation,programs must meet the grantee share of Member Support Costs,as indicated in the approved budget.during each reporting quarter. c. Cash or in-kind match for Program Operating Costs. Contributions_ including cash and third parry in-kind, be accepiced as part of the Grantee's matching share fcr Program Operating Costs(defined as those ether than the Member Support Costs)when such contributions meet all of the following criteria: i. They are verifiable from Grantee records: ii. They are net included as contributions for any other federally- assisted Program: v .They are necessary and reasonable for the proper and efficient accomplishment of Program objectives:and iv. They are allowable under applicable cost principles. d. Exca pion for volunteer community service. Because the purpose of this Grant is to enable and stimulate volunteer community service,the • Grantee may not include the value of direct community service performed by volunteers.However,the Grantee may include the value of volunteer services contributed to the organi anon for orgy izational functions such as accounting,aunt,training of staff and A.-reriCorps Programs. rizai-Ap'130.1999 25 • 47 a. A a'�'.i- nlsLati a costs..�.�.W'�-''.•�-�_ti e casts ca_. ct exceed :1�.�C tot . Co:--oLaLon funds actuallyex ezd -. L'SLminisl G ve cost hi -- :isc the Ccl�per_dcn's. maximum aC::� isLa_Ye cost Lin7 t oI 5% but which cthe :v.Se would have teen allocable to the l:= nt. arc allowable as the matc^L^r share under the Administrative alive costs butizet line item. See General i ruvis:ors. Clause 24. .'S L.:,Ir Lsir al_ZIe f. Valuation. The value of Grantee ccrlt-ribut_:.ons of services and property will be determined iil accordance with applicable cost cri ci les • set forth in ONIE Circulars A-21, ?-87 and A-122, and the ac roved budget 15. /E1\i3ERRECORDS AND CON - ►ii.4 ,iY. a. Recce 1 eoing T+ eemustm r a' verifiable records which url.:-dTia a++�. The Grantee _liCl.lt...�l� document each member's eligibility to serve based upon citizenship or lawful permanent residency, birthdate, level of educational attainment, data of high school diploma or equivalent certificate (if attained), participation start date and end date, hours of service per week, location cf service activities and project assignment. The records must be sufficient to establish that the individual was eligible to participate in the Program and that the member successfully completed the Program requirements with a minimum of 1700 hours of participation as a full-time member or 900 hours of participation as a part-time member. The signed member contract should also be maintained in Grantee files. b. No high school diploma. If a member does not have a high school diploma Cr its equivalent at the time of enrollment, the Grantee must maintain a record of the member's elementary or high school drop-out date, the member's written agreement ent to obtain a high school diploma or award,wa its equivalent before usingusingtb8 education 'd. a.'id, if applicable, verification of the members enrollment at an institution of higher education on an ability to benefit basis and eligibility for funds under § 484 of the Higher Education Act. If the member has been determined to be incapable of obtaining a high school diploma or its equivalent, the Grantee must retain a copy cf the supporting independent evaluation- c. Confidential member m±'ormradon. The Grantee must maintain the confidentiality of information regarding individual members. The Grantee must obtain.the prior written consent of ail members before using their names, photographs and other identifyinginformation for publicity, promotional or other purposes. Parental or legal guardian consent must be obtained for members under 13 years of age. Grantees may include an informed consent form as part of the member contract materials which are signed at the time the member enrolls. Grantees may releaseaggregate and other non-identifying information, �,,�s a �.e� and are required to release member information to the Corporation amid its designated contractors. The Grantee must permit a member who submits j 2 a Fred-April 30. 1999 a written request for... av- o review records which Toe.-.-.... to the member anti were created pursuant to this Grant. �. B LrDG;, AND :.OGRA ,mil..TIC CH NGES. a. Silt';. .1:n a is chanvees. The State Commis. icn or ParentCrgm-i ati on must obtain the crier r t en approt/al of the Corporation before making the following changes in the approved Progia:T:: 1. Changes in the scope. objectives i:S or goals of the Pr og, -a:, whether or not they involve budgetary changes: ii. Substantial changes in the level of participant sub erv-ision; iil. Entering into sub-Grants or contacting, out any Aifine:iCoros Program activities funded by the Grant and riot specifically identified in the approved application and grant. • b. Changes in the budget The Grantee must obtain the orior written approval of the Corporator,before deviating from the approved budget in any of the following ways: i. Budgetary t rnsfers to absorb administrative costs above the amount specified in the approved budget. if below the 5 c rria: mum Brut. ii. Reallocation of funds from the "Member Support Cost„ category to other categories of the approved budget. However, the Grantee may reallocate funds within the line items in this category, except for increases in health care cost per member, which must be approved. The specific line items covered by this subclause are: (a) Living allowance, (b) FICA, worker's compensation, and unemployment insurance and (c) Health care+� (or alternative health care). � Within it in the "Other Member Costs' category, the Grantee may not decrease funds budgeted for training and education without prior Corporation approval. iv. Specific Costs requiring prier approval before incurrence under ONO Circulars A-21, A-87 or A-122. For certain cost items, the cost circulars require approval of the awarding agency for the • cost to be allowable. Examples of these costs are overtime pay, rearrangement and alteration costs, and preaward costs. v. Purchases Of equipment over$1,CCO (One thousand) using Grant funds, unless specified in the approved application and budget. c. Approvals of Programmatic and Budget Changes. The Corporation's Grants Officers are the only officials who have the authority to alter or change the provisions or requirements of the Grant. The Grants Officers will execute written amendments or changes to the Grant. and Grantees si_culd not assume approvals have been granted unless documentation from the Grants Office has been received. A� • L/ Final-April 30.1999 IT. 1.P32:R77\i a. .1z-Lai t ni .. S to C s �-d Parent �' .]and 11.T.�'��'� y'�iti�i5 SJ. LG L.viil/�.....o'�... Ci e:ti:.atc-�-.: are roc i �' to submit semi-annual Financial Status R:cr s and ..nual Progress Reports to the Cciocr_tor. State Ccl..raission and 1 Grant Org-arizations must submit these reports by the dates to be deter cried and include 3 copies along with the cric nag. I. Financial Status Retorts (PS R_2S9a). �meriCors'State prod ams ^ sites receive �� '_Q most_+�y"1.�.riuoi 1JJ��l a:.iC:r.a� that subgrai s must submit at least two Financial Status Reports (SF 259a) to their re.sp ec i e State Commission or Parent Organization. in general. if a site has a Corporation-approved budge:then submission of an FSR for that site/sub-Grantee is required. State Commissions and Parent Organizations will set their own submission deadlines for their respective programs and sites. State • Commissions/Parent Organizations are required to forward . Financial Status Reports (FSR 269a) from programs and budgeted sites to the Corporation's Grants Office 30 days after the close of each calendar quarter. These reports should be forwarded to the Grants Office.. ii. Progress Reports. Guidance on required topics and formats ats • will be provided by the Corporation prior to the scheduled reporting dates. These reports should be forwarded to the Program Office. The Corporaton will issue submission dates for the FS-R and Progress Reports when they are determined. Due to the reducedrepor:7z requirements. the dates will coincide with the submission dates of applications to the Corporation. iii. Annual/Final Reports. State Commission programs and Parent Organizations completing the anal year of their grant must submit in lieu of the last quarterly progress report. a final progress report that is cumulative over the entire grant period. This progress report is due 90 days after the close of the grant. Guidance on required topics and formats will be sent during the coming fiscal year. iv. Final Fin nd.ai Status Reports. State Commissions and Parent Organizations completing the final year of their grant must submit, lieu of the last quarterly FSR. a final FSR that is cumulative over the end grant period. This FSR is due 90 days after the -.lose of the grant. b. AmeriCorps Member-Related Forms. The following documents a:e required from the Grantee: i. Enrollment Forms. State Commissions and Parent Organizations must submit Member Enrollment Forms to the Corporation no later than 30 days after a member is enrolled. 23 Pi at-Apr:130,1999 Chanae cif Statos Farms. ---e• Cc -Y rims Grgaiaizations submit. enn r Change t=t s:Forms c the •per on no late_than 30 -a±ar changed. By for,v-� g Nderber Change of Stenos Forms to the Corson. on St e Co chars their approval of the c:.anse. -_- i Itrifi.d-of-;e n-of-Se rce:r zs. must ;,lamb r IttrEn. '._n.=cf- -rrica For-ns to, the Corporation no later than 15 days .e a s other exits the pr _ a..or finishes his/her term of ser ice. c. Acoampiisrmant Surveys. Tics Annual nual Accomplishments Rent:is a survey used to compile ail Ame:iCc-s achievements during the pro - -. year. During the course of the year,a contractor will contact programs regarding details and the administration cn of the survey. For fall start-ups,these are due October 31,2000:for January start-ups, they are due January 31,2001. d. Benefit Provider Documentation. Prog_ams are resnonsible for contacting applicable benefit providers immediately and directly (AmeriCorps®Cera.Allianz.and others)when a change of status affects the eligibility cf a member or when a member leaves the program early. 13. R.', !'/A OF GRANT. Unless otherwise specified,the Grant is made for t:.e period specified in the Grant to cover one Program year. The Corporation will provide further guidance cn any renewal processes in the coming fiscal year. Ft.!-Apr!!30.1999 C, GENERAL P_R VI'.di T O N 9. T" L�S O ACC-:Pf.a Cz:z. TheGrant Gnt Provisions are i ding on the Grantee.T'E act ctin this C- ant, the Grantee agrees .7to comply with the Grant and applicable reveal Jlatutes, r„ul bons and guidelines. The Grantee agrees to o parr!a the funded in acw�ti:cl_ca with theapplication and budget,SL:��Crt�. documents, and other representations made in supportcf the approved Grant application.The Grantee agrees to Include in all su✓grants the e plicable tarn • and conditions contained in this award. 2W. L.EGIS .AT1vEANDREGULATORY This Grant is authorized by and subject to the National and Community Service Act of 1990 as amended, codified as 42 U.S.C. §12501 er sea., and 45 C.F.R. Part 2510 et sea. 21. O T±-:R APPLICABLE STATUTORY AND ADNLINISTR A T i V E PROVISIONS. The following applicable federal cost principles, administrative recuire. ents and audit requirements are incorporated by reference: a States, Indian tribes, U.S.Territories, and local governments. The following circulars and their imolementtna regulations apply to states, r Indian tibes, U.S. territories, and local governments: I. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments -- 45 C.F.R. Part 2541. ii. O.Nr Circular A-37, Cost Principles for State and Local C-overnments. f1. OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. b. Nonprofit organizations. The following circulars and their implementing regulations apply to nonprofit orga-izations: i. Uniform Ad inistrative Requirements for Grants and Agreements with Institutions cf Higher Education. Hospitals and Other i\icnprcnt Organizations 45 C.F.R. Part 2543. ii. 0MB Circular A-122, Cost Principles for Nonprofit Organizations. iii. OMIE Circular A I33, Audits of States, Local Governments and Non-Profit Organ iz tions. c. Educational institut ons. The following circulars and their i plementrtg regulations apply to educational institutions: • Foal-April 30.1999 30 w t irifcrm A ci :strad_.'!e irer e n`s for Grp-.'it and A e ran ts - . t o?'__G- :..,-ram...: so.. , ��'T�n Y'71�1('�L'CL'L4Ll:i.s �.'a 1 L,-. . . ...ui�.,`.....lil. 1�Li..' -.._.. and Other Nonprofit Cr�^rir 11CnS 5 C.-P.R. ra_t .2.543. ii. Oik/ Circular -2 . Cost Principles for Ecucatioral'Tsut��ons. lam'. 01\ Ci cuie.r A-133, Audits of States, Local GavelMlu__an., anti Non-Profit Organicaticr_s. d. Other applicable statutes and regulations. The Grantee must comply with all other applicable statutes, executive orders, regulations and policies governing the Program, including but not limited to those cited in these Grant Provisions, the Grant Assurances and Cerfyiiations, and those cited in45 C.F.R.FarParts 2541 and 2543. 22. RESPONSI=TIES USER GRANT Ai>ili iS' AsION. a.' Accountability of Grantee. The Grantee has full fiscal and programmatic responsibility for managing all aspects of grant and grant- supported activities, subject to the oversight of the Corporation. The Grantee is accountable to the Corporation for its operation of the ArneriCorps Program and the use of Corporation grant funds. It must expend grant funds in a judicious and reasonable manner. Although Grantees are encouraged to seek the advice and opinion of the Corporation on special problems that may arise, such advice does not diminish the Grantee's responsibility for making sound judgments and does not mean that the responsibility for operating decisions has shifted to the Corporation. b. Notice to Corporation. The Grantee will notify the appropriate Corporation's Program or Grants Officer immediately of any developments or delays that have a significant impact on funded actnvities, any si~r'uncant problems relating to the administrative or financial aspects of the Grant, or any suspected misconduct or malfeasance related to the Grant or Grantee. The Grantee will inform the Corporation official about the corrective action taken cr contemplated by the Grantee and any assistance needed to resolve the situation. c. Notice to the Corporation's Once of Inspector General. The Grantee must notify the Office of Inspector General immediately of losses of federal funds or goods/services supported with federal funds, or when information discovered by someone at a program indicates that there has been waste, fraud or abuse, or any violation of criminal law, at the program or at a sub-recipient. ] j{c+ ?� 22. F 'YA-1"-CTA LY�'a'SNAGEMvl�..l 11 PRO'!153O `4S. i� a. Gener-al. The Grantee must maintain financial management systems that include standard accounting practices, sufficient internal controls, a clear audit n—ail and written cost allocation procedures as necessary. Fir ncial management systems must be capable of distinguishing 31 Fkzal-April JO. 1999 • • e=enc:: 'es ..1_at...-.le to this Grant from .. -...endi ..a.:s not....-...b...t....le tothistt:.ii. This syste i must- L. ablee to identity costs y Llc :C aa--..:.1:t yea- and by bud:,--..et line it.. ;, and to differentiate eni.ate between direct.�..�" indirecz costs cr administrative costs. Pc:further details about the Grantee'sfinancial ma_nagz=ment responcibiiit=es, to 0MB Circulars A-102 (for State and Local Governments) and :Ally (tor Institutions of 2s. e,Education and Non-Profit Organizations). o. Soong dog.;--:�entr Lion. The Grantee must maintain adecua.e siroportng documents for its expenditures (federal and non-federal) and in-kind contributions made under this Grant. Costs must be shown in bco.s or records (e.g., a disbursement ledger or journal], and must be supported by a source document, such as a receipt. travel voucher, invoice, bill, in-kind voucher, cr similar document. c. Time and attendance records. i. Staff. (a) Except as provided in (b) and (c) below, salaries and wages charged directly to this Grant or charged to matching funds must be supported by signed time and attendance records for each individual employee regardless of position. and by documented payrolls approved by a responsible official of the Grantee. Except as provided in (b) and (c) below, salaries and wages chargeable between this Grant and other programs or functions of the Grantee organization must be supported by signed time and attendance records for each individual regardless of position appropriately distributing the individual's time to the different programs or functions. (b) Educational institutions are not required to support charges for salaries and wages with signed time and attendance records for professorial and professional staff if they are in compliance with the criteria in Section S.b of 01\>IB Circular A-2I for acceptable methods of documenting the distribution of charges for personal services. (c) State, Local and Indian Tribal governmental units are not required to support charges for salaries and wages with signed time and attendance records if they are in compliance with the standards of Section 11.h of OMB Circular A-87 for the support and documentation of salaries and viages. E.AraeriCorps members. The Grantee must keep dame and attendance records on all ArneriCorps members in order to document their eligibility for in-service and post-service benefits. Time and attendance records must be signed both by the member and by an individual with oversight responsibilities for the member. d. Audits.Recipients of federal grant awards are required to have audits performed in accordance with the Single Audit Act, as amended. Recently revised OMB Circular A-133, Audits of States, Local Fiac1-Apr."130.1999 32 L:t c�f ern:ae:a: and i on _of t Cr -�.7".ticns a di: requirements pursuer:: to Public Law 104-15E (!lie Singe Audi:Act T rendm tints Y 1:9.-6, enacted July 5, 199 The 199 .Arnendrrieric established. a:3300,000-t-1 ..shol ci annual federal e.ye.cl-1 rest for I.ese audits for fiscal year ending j me 30, 1997 or lager. A recipient of a Federal grant award (pass-through entity) is required in accordance with paragraph 4v0(d) of ONG Circular A-133 to do the following with regard-co its SLorecipients: (1) identify y the Federalaward. and funding source; (2) advise subrecipients of ail requirements imposed on them. (3) monitor subrecipient activities and compliance; (4) ensure subrecipients have A-133 audits when required; (5) issue decisions and ensure follow-up on audit findings in a timely way; (3) where necessary, adjust its own records and financial statements based on audits; and (7) require subrecipients to permit access by the pass-through entity and auditors to records and financial statements as necessary for the pass- through entity to comply with A-133. e. Consultant services. Payments to individuals for consultant services under this Grant will not exceed S443.00 per day (exclusive of any indirect expenses, travel, supplies and so on). 24. ADNENISTRATIVE. COSTS. a. Definitions. "Administrative costs" means general or centralized expenses of overall administration of an organization that receives Corporation funds and does not include particular Program or project costs. For organizations that have an established indirect cost rate for federal awards, administrative costs mean those costs that are included in the organization's indirect cost rate. Such costs are generally identified with the organization's overall operation and are further described in Office of Managenie tin and Budget Circulars A-21, A-37 and A-122. For organizations that do not have an established indirect cost rate for federal awards, administrative costs include: i. costs for financial, accounting, auditing, contracting or general legal services except in unusual cases where they are specifically • approved in writing by the Corporation as program costs; ii. costs for internal evaluation, including overall organizational management improvement costs (except for independent and internal evaluations of the Program or project that evaluations are specifically related to creative methods of quality improvement); and iii. costs for general liability insurance that protects the organization(s).responsible for operating a Program or project, other than insurance costs solely attributable to the Program or project. A+. rrwl-Apn130. 1999 • costs may also include that portionC Salai cSv b2 c._ cf the P ogre's director and other administrative staff not attributable specific Program or project. The principles thet_.�-_C spent t in support:l.i a i - •, =acertain to tia metancr �i CCc:.;.en:aticr. of ersonnal costs are stated in the 01‘/1-3 circulars thatn ta ir are icor oted 1 Corp ore o n • ice.-..='.ladcns [ 5 CPR Part 2541.220(b)]. A ;in st.atve costs generally do not include the following allowable expenses directly related to a Program or project (including `heir operations and objectives) , such as: their i. allowable direct charges for members, including living allowances, insurance payments made on behalf of members, t:airing and travel; ii. costs for staff(including salary, benefits, training and travel) who recruit, train, place or supervise members or who develop materials used in such activities, , if the purpose is for a specific Program or project objective: El. costs for independent evaluations and any internal evaluations of the Program or project that are related specifically to creative methods of quality improvement: iv. costs. excluding those already covered in an organization's indirect cost rate, atti ibutable to staff that work in a direct Program or project support, operational. or oversight capacity, including, but not limited to: support staff whose functions directly support Program or project activities: staff who coordinate and facilitate single or multi-site Program and project activities; and staff who review, disseminate and implement Corporation guidance and policies directly relating to a Program or project: v. space, facility and communication costs that primarily support Program or project operations, excluding those costs that are already covered by an organization's indirect cost rate; and vi. other allowable costs, excluding those costs that are already covered by an organization's indirect cost rate, specifically approved by the Corporation as directly attributable to a Program or project. b. Limitation by statute.Administrative costs cannot exceed 5% of total Corporation funds actually expended under this award. c. Fixed 5%. If approved on a case-by-case basis by the Corporation, the grantee may charge, for administrative costs, a fixed 59%0 of the total of the Corporation funds expended. In order to charge this fixed 5%, the grantee match for administrative at_ve costs may not exceed 109/a of all direct cost expenditures. These rates may be used without supporting documentation and are in lieu of an indirect cost rate. d. Indirect Cost Rates. If grantees have an approved indirect cost rate, such rate will constitute documentation of the grantee's administrative costs Final-April 30.1999 by the Cci oration and the �antee. match of at-1ii..istati`e costs. . If a cr ntee wants to claim 1.ore. ,~a:': 10% match 1:1 aC.."c:..:?st tiv e costs it must have or obtain an approved indirect cost rate. Where opropri ate, the Cc2rooraicn will establishan indirect cost raze that may be used for+this and other led: awards. e. Consistency of irea=e nt. To be allowable under an award, costs must be consistent with policies and procedures that apply uniformly to both federallly financed and other activities of the orzaii."'auon_. Furthermore, the costs must be accorded consistent treatment in both federally f nanced and other activities as well as between activities supported by different sources of federal funds. 2.5. EQUIPMENT AND SUPPLIES COSTS. a. Definition of equipment. For the purposes of this clause, "equipment" is defined as tangible non-expendable personal property having a useful life of more than one year and an acquisition cost of S5,000 (five thousand) or more per unit (including accessories, attachments and modifications). b. Definition of supplies.For the purpose of this clause, "supplies" means all personal property excluding equipment. c. Allowable purchases. Equipment and supplies are allowable as a direct cost under the Grant provided that the purchase of equipment or supplies with a unit acquisition cost of 31,OCO or more has written prior approval by the Corporation or was specifically included in the approved budget. a'- d. Prior approval for equipment or supplies purchases. Ln requesting prior approval from the Corporator,. the Grantee will assure that each purchase cf equipment or supplies: I. Is necessary, reasonable, and cost-effective in meeting the Grant objectives; ii. Dees not duplicate other equipment or supplies that are reasonably available and accessible to the Grantee: and iii. Is purchased in accordance with the Grantee's standard practices. e. Title to equipment. Unless otherwise specified, title to equipment acquired by the Grantee with Grant funds vests in the Grantee, subject to the conditions specified in this clause and applicable OMB circulars. The Corporation reserves the right to transfer title to the federal government or to a third party named by the Corporation upon completion of the yJ r ura!-April 30, 1999 Ccr cr•~adcn Grant. The Corpora-don will issue dispcsid on ii-.s'_r ucticns wife in 120 c`endar days after the end of the Co of a on's sum t of the l,r'r oject for which it was acquired. If the Coro elation does not actSN-....i...i t is zin of me. title vess with the Grantee. f. Conditions of use. The Giar.tee will use the equ:orrien t in the F osrarn for as Ion.:74 as it is needed, whether or not th Frc ram continue, to be sup cor to i with federal funds. If multiple uses La'!l not interfere with the Frog am's needs, the Grantee will make the equipment available for use in other activities supported by the Cor-poration, or by other federal agencies. When no longer needed for the Program, the Grantee may use the equipment in connection with other activities sponsored by the Corporation or, if inapplicable,with other federally-spornsored activities. g. Encumbrances. The Grantee must not encumber the equipment without prior written approval by the Corporation. IL Trade-ins and offsets. The Grantee may sell or trade-in the original equipment to offset the cost of replacement equipment with the written consent of the Corporation. f. Inventory controls. Equipment with a unit acquisition cost of 35,000 or more is subject to reasonable property management standards and inventory controls in accordance with OMB Circulars ^z-110 and A-102, including: I. adequate maintenance procedures and loss safeguards; ii. physical inventories conducted at least once every two years; leer maintenance of equipment records that include: (a) the description and source of the equipment (including Grant number); (b) the manufacturer's serial number cr other identification number; (c) the title holder's name and address; (d) the acquisition date and cost: (e) the unit acquisition cost . (f) the percentage of federal financial participation: (g) date, location and condition; and (h) disposition and loss information. .3.Di p csi ion of Equipment For equipment with a fair market value of $5,000 or more at the end of the Program, the Grantee may retain the equipment for use in non-federally- sponsored activities, provided that compensation is made to the Corporation as specified in OMB circulars A- 110 and A-102. If the Grantee has no need for the equipment, it wi11 request disposition instructions from the Corporation. Equipment with a fair market value of less than$5,000 at the end of the project may be retained, sold or disposed of without further obligation to the Corporation, subject to the conditions of Section 25d of this provision. 36 r:nal-April 30. 1999 23. 1R0,7 iT .11\-1CavE. a. General. Income.. e=.:a� as a direct result of the i rog amps activities the award period will be retained by the Granteeand used to finance the non Corporation share of the Pro b. Fees for service. When using assistance under �is Grant. e Grantee may not enter into a contract for or accept fees for service performed by members when: I. the service benefits a for-profit entity; ii. the service falls within the other prohibited Program aC ivities set forth in Clause 5 of these Grant Provisions; or iii. the service violates the non-displacement Provisions of the Act, set forth in Clause 33 of these Grant Provisions. 27. PA�BNTS UNDER TEF.2 GRANT. • a. Advance payments. The Grantee may receive advance payments of Grant Rinds, provided the Grantee meets the financial management standards specified in OMB Circular A-102 and its implementing regulations (45 C.F.R.Part 2541) or A-I10 and its implementing regulations (45 C.F.R.Part 2543), as applicable. b. Immediate cash flow needs. The amount of advance payments requested by the Grantee must be based on actual and immediate cash needs in order to minimize federal cash on hand in accordance with policies established by the U.S. Department of the Treasury in 31 C.F.R. Part 205. c. Discontinuing advance payments. If a Grantee does not establish procedures to minimize the time elapsing between the receipt of the cash advance and its disbursement, the Corporation may, after providing due notice to the Grantee,discontinue the advance payment method and allow payments in advance only by individual request and approval or by reimbursement. d. Interest-bearing accounts. The Grantee must deposit advance funds received from the Corporation in federally-insured, interest-bearing accounts. The exceptions to this requirement follow: i. Institutions of higher education and other non-profit orgarrizadons. If a Grantee is covered by 0 B Circular A-110, it must maintain advance funds in interest-bearing accounts unless: (a) it receives less than S 120,000 in federal funds per year; (b) the best reasonably available account would not be expected to earn interest in excess of S250 per year on federal cash balances; or (c) the required minimum balance is so high that it would not be feasible within expected federal and non-federal cash resources. 37 r id-April 30. 1999 Earnetl interest must be remitted a.�_ - i to , l/✓2035 Gr;.maes-a:keep LID SS2,53 of into a_ 'year to pins- ad.' _dve eircenses. ii. Szete aind local gt'i/e._'=fen' Ail C _tees covered by Olcg Circular with the tendon of State Governments and indian Tribes,must remit aa.—__e_interesquarterlyquerly to the Corr;cration. Grantees may keep up to 3IO0 of tine earned interest per year to offset c..._-"_inis=_..„expenses. 23. RETENTION OF RSCOR.DS, The Grantee must retain and make available all financial records,suoportina documentation,statistical records,evaluation data,member inibr._:at on and personnel records for 3 years from the date of the final submission of the final Financial Status Report(5F269 A). If an audit is started prior to tine expiration.cf the 3-year period.the records must be retained until the audit Endings involving the records have been resolved and final action taken. 29. SITE VISITS. Tire Corporation reserves the right to make site visits to review and evaluate Grantee records,accornclisbrnents,organizational procedures and financial control systems:to conduct interviews:and to provide technical assistance as necessary. To the extent feasible,these will be coordinated with.and in most cases organized by,State Commissions for AmeriCors'State proerams,parent orgar,.izatiors for AmeriCcrps'Nador.a project sites,and Program Officers for AmeriCo ps'Tribes and Territories Proms. Site visits will be made in the least disruptive manner possible. 30. LIABILITY AND SAFETY ISSUES. a. Liability coverage. The Grantee must have adequate liability coverage for the orgnnizadon.employees and members,including coverage of members engaged in on-and off-site project activities. b. Member safety. Tne Grantee must institute safeguards as necessary and appropriate to ensure the safety of members. Members may not participate in projects that pose undue safety risks. Public safety Programs and other Programs posing a significant risk to members must adhere to applicable'Provisions of the safety protocol issued by the Corporation and found in the Program Directors'Manual. 31. DRUG-FREE a. Notice to ernolovee _.d members. In accordance with the Drug-Free Workplace Act.41 U.S.C.9I01 erseq.,implementing regttlations,45 33 Final-.4prit 30.1999 C. .R.. Fart 2542, and the Grartee's certi_Cation, the Grantee i_ s: ,_blish a statement notify-Ira + ;.'loJ ems.i and members that: I. he unlawful marhu:actu.ra, c.i.0 crib ii t_ 'n, d- oe.nsatioc, possession cr use o, a controlled substance is prohibited in the Grantee's workplace and_to•��alhh: E. conviction of any criminal drug statute MUST.be report. -1 e i:.:1+edi_tely to the Grantee; Ili. that the employee's employment t or member's participation is conditioned anon Coi oliance with tthen_otce 1certain :e ulre er:s: a hd i . cer tatn actons wr�ll be taken ag insL employees and members for violations of such prohibitions. b. Criminal drug corer ctcns. The Grantee's employees and members must noz1n7 the Grantee in writing of any criminal drug convictions for a violation occurring in the workplace or during the performance of project activities no later than 5 days after such conviction. The Grantee must notify the Corporation within 10 days of receiving notice of such conviction. The Grantee must take appropriate action against such employee or member up to and including termination or member release for cause consistent with the Corporation's rules on termination and suspension of service, or require the employee or member to satisfactorily participate in an approved drug abuse assistance or rehabilitation Program. c. Drug-Free awareness Program. The Grantee must establish a drug-free awareness Program to inform employees and members about the dangers of drug abuse in the workplace, the Grantee's policy of maintaining a Drug.--Free workplace, any available drug counseling rehabilitation, and employee assistance and member support services,and the penalties that may be imposed for drug abuse viola ions. d. G antae non-compliance. The Grantee is subject to suspension, termination cr debarment proceedings for failure to comply with the Drug-Free Workplace Act. e. Non-discr...n.,-nation and confidentiality laws. In implementing the Drug-Free Workplace Act, the Grantee must adhere to federal laws and its Grant assurances related to alcohol and substance abuse non- discrimination and confidentiality. 32. NON-DISCRIMINATION. a. Assurances.:nces. The Grantee assures that its program or actlt/ity,, including those of its subgra-:tees,will be conducted, and facilities operated, in compliance with the applicable statutes set forth below, as well as with their implementing regulations. The Grantee assures that it will obtain an assurance of such compliance prior to extending Federal financial assistance`...-..lGl~ce to suLg;C1 atCA`J. The U.S. Government shall have the right to seek judicial enforcement of these assurances. 39 Final-April 30. 1999 Distiirninadcn yr hibitad. A person. including `CT rents. of Program state, may not, on therounds o: race, color, _ionai orii n, sex, age, political^rrrai aticn. cis..cility (for otherwise qualified with disabilities), crreligion (as it to tit ;plies only to r g :m staff paid with Corporation funds but excludes staff paid with Corporation fundswere employed by the r' a o-•• r who 1L+vy��! l... ? `:i::.Le. _1 the date the Corporation grant was awarded), be excluded from tar't.ictca_:cr . .. denied till t`':.e t o , Cr be Ct erwise sL'bjected to disci iminadon, directly or through contractual or other arrangements, unde., any program or activity receiving, federal financial assistance, and includes but is not limited to: • i. denying; an opportunity to participate in, benefit from, cr provide a service, financial aid. cr other benefit; il. providing an opportunity which is different or provided differently: ill. denying an opportunity to participate as a member of a planning or advisory body integral to the program: iv. segregating or subjecting a person to separate treatment: v. providing an aid,benefit. or service to a qualified disabled person that is less effective Ln affording opportunity to obtain the same result. vi. gain the same benefit, or reach the same level of achievement; denying a qualified disabled person the opportunity to participate in integrated programs or activities, even though permissibly separate or different programs or activities exist: vil.r estricting a person's enjoyment of an advantage or privilege enjoyed by others; viii providing different or separate aid.benefits. or services to disabled persons unless necessary in order to provide them as effectively as provided to others; ix. t eating a person differently in determining admission. enrollment, quota, eligibility, membership or other requirements; x. using criteria cr ad 'Jnisrative methods. including failing to provide needed auxiliary aids for disabled persons,which have the effect of subjecting persons to discrimination, or defeating or substantially impairing achievement of the objectives of the program for a person: xi. selecting a site or location of facilities with the purpose or effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under the program; xii.denying a qualified disabled person a benefit, aid, or participation because facilities whose groundbreaking occurred after May 30, 1979 are inaccessible to or unusable by disabled persons or because programs or activities in facilities predating May 30, 1979, when viewed in their entirety, are inaccessible to or unusable by disabled persons; and xill.failin_g to provide reasonable accommodation to otherwise qualified individuals with disabilities. • c. Public Notice of Nondiscrimination. The Grantee must notify members, service recipients, applicants, Program sten, and the public, including those with impaired vision or hearing, that they operate their 40 hira1-April 30. 1999 Cr to, the nondiscrimination recite ments o the apolicacle statutes, sumiriar .e ther.e uir :;en i:, L.C4 theavailability Ct corn aance in .rmaton from the Grantee and the Corporation, and brier's'* explain for: d.isc ircination c.�.=s1�,.'laints Ti`i the Coto Sample lan cage : - It is against the law for organizations that receive federal financial assistance from the Corporation for National Service to discriminate on the basis of race, color, national or i n. disabilit j, sex, age political affiliation, or, in most programs., religion. It is also unlawful to retaliate against any person or organization who flies a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints,you may bring a complaint to.the attention of the Corporation for National Service. If you believe that you or others have been discriminated agaainst, or if you want more information, contact: (name, address, phone number- both voice and TDD, and preferably toll free-FAX number and e-mail address of the Grantee) or Equal Opportunity Office Corporation for National Service 1201 New York Avenue,NW Washington, D.C. 20525 (202) 606-5000, ext. 312 (voice): (202) 565-2 i 99 (TDD) (202) 565-2816 (rr ; eonions.Qo<< (e-mail) The Grantee must include information.on civil rights requirements, corn laint procedures and the rights of beneficiaries in member contracts, handbooks, manuals, pamphlets, and posted in prominent locations, as appropriate. They must also notify the public in recruitment material and application forms that they operate their pro a.-n or activity subject to the nondiscrimination requirements. Sample language, in bold print, is "This program is available to all, without regard to race, color, national origin, disability, age,sex, political affiliation, or, in most instances, religion.' Where a significant portion of the population eligible to be served needs services or information in a language other than-English, the Grantee shall take reasonable steps to provide written material of the type ordinarily available to the public in appropriate languages. d. Records and Compliance Information. The Grantee must keep records and make available to the Corporation timely, complete, and accurate compliance information to allow the Corporation to determine if the Grantee is complying with the civil rights statutes and implementing regulations. Where a Grantee extends federal financial assistance to subgra tees, the subgrantees must make available compliance information to the Grantee so it can carry out its civil rights obligations. 41 Final-Apra 30.1999 The Cc;- tati-rwi provide y_aLe':ern _ ........,_ .n.ior n"..a:cr a Gad'? !'e.T tiers an" L'1 fits,sec r1ce raw ri2nts�aci.Lr. is �.G i: `='=-'= staff/applicants. 1!l..s data should be sw-icientthe (..is . buck n of cenen a to the eligible ccouladcn and. evaluate the sary cces provided to the different sec eats, c= the pctula:..cn serve.. Data on i:_er:hers end Frt., 1. `ta should be gathered, on a voluntary bas.:, di..ect,/ from the individuals. Data on service aryisanry l C..7 as a tee. or based on census or other statistics. Racial and ethnic datashould be gathered for the following. C a:egCri.c s. -▪I▪ ispanic/Latino/Spanish culture or origin or non- •1 tisaanic/Latino/Spanish.culture or origin (one or the other) and one or more of the following. American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander Waite a. Ghligatic n to Cooperate. The Grantee must cooperate with the Corporation so that the Corporation can ensure compliance with the civil rights statutes and implementing regulations. The Grantee shall permit Corporation by the orpora ion du fig normal business hours to its books, records, accounts, staff. members, reties, and other sources of irformarticri as may be needed to determine compy.ace. :i. Discrbaination Complaints,s, I:vestg nons and Compliance Reviews. The Corp oration may review the practices oI the Grantee to . determine civil rights compliance. Any person who believes discrimination has occurred may file a discrimination complaint with the Corporation's Equal Opportunity Office. The Grantee may not int-midate, threaten, coerce, or d su—iminaza against an individual to interfere with a. right or privilege secured by the civil rights acts or because the person made a corn of irit,tesfied. assisted or participated in any manner in an invesLgaion, proceeding, or hearing. The Corporation will keep the identity of complainants and winiesses confidential except as necessary to conduct an investigation,hea:inv, or judicial proceeding. The Corporation will investigate whenever a compliance review, report, comp lain, or other ii''.formation indicates a possible failure to comply with the statutes and the,.imple:l;ent2'g regulations. If an irivestig ion indicates a failure to comply, the Corporation will so inform the Grantee -and any applicable sum.' an:ees arid will attempt to resolve the matter by �a- voluntary means. If the matter cannot be resolved by voluntary means, the Corporation will initiate formal enforcement action. 41 'fad-April 30,1999 • Lj.sc:__ naticr complaints may be raised thrcuzh the Grantee's grievance procedure Lee or the Grantees grievance pr` d--+ ' maya �; M1 procedure r� not be requiredprecursor to lulu a federal discrimination complaint with he (`.•._�, rat:•.�:r-. List Grant rie f a ^-: roc:�..ure L�.oes not... .S.�i.f C.Z. 1.1.i: a 1ederal discrimination co molar,t. The a_'ltee s grievance procedure should advise members that use of thegrievance procedure does not stop the rt:rmir,g Of Corporation time frames for tirov a discrimination complaint with the Corporation. Tn all cases w rare athet �Zsa.�:'"_,1%a�Cir, ail..g t:cns have, been raised with Grantee, the Grantee must submit a written reports to the Corporation's Equal Opportunity Office,which has discrimination a review authority over the investigation and disposition of all complaints. g. Self-evaluation requirements. The Grantee must comply with the self-evaluation requirements under section 504 of the Rehabilitation Act regarding accessibility for individuals with disabilities. They must comply with the self-evaluation requirements of the Age Discrimination Act of 1975. They must also comply with the self-evaluation requirements under title Di of the Education Amendments of 1972 regarding discrimination based on sex. Guidance regarding the self-evaluation requirements may be obtained from the Corporation's Equal Opportunity Office, 1201 New York Avenue. NW, Washington, D.C. 20525, (202) 606- 5000, ext. 312 (voice); (202) 4565-2799 (TDD); (202) 565-2316 (FAX); or ecra CMS.aovv h. Applicable statutes. Ln accordance with its assurances, the Grantee must comply with all federal statutes relating to non-discrimination to the extent applicable. including, but not limited to titles VT and V Ll1 of the Civil Rights Act of 1964. (42 U.S.C.§2O00d and 3601 et seq.). section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. §794), title DC of the Education Amendments of 1972 (20 U.S.C. §1531 etseq.)the Age Discrimination Act of 1975 as amended(42 U.S.C. §6101 et seq.) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended. the Comprehensive Alcohol Abuse end Alcoholisni Prevention. Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, the Public Health Service Act of 1912 as amended (42 U.S.C. §§290dd-3 and 290ee-3), and the requirements of any other non-discrir_-ination provision ifn the National and Community Service Act of 1990, (42 U.S.C. §12635) or any other applicable non-discrimination provision. 33. SL PLF.:ME TATION,NON-DUPLICATION AND NON- Dis:PLAcLNENT. a. Supplementation. Grant funds may not be used to replace state or local public funds that had been used to support Programs or projects of the type eligible to receive Corporation Grant funds. For any given P rogr m.this condition will be satisfied if the aggregate non-federal c �J liaCi-April 30, 1999 .biic e.��enditur.. i�r that Crrcc the -� t ect_ � � yew that. is to be provided is not lass than the previous fiscal year. b..Non luoiic+ t cn. Grant funds may not be used to duo icate Ser-itce5 that are available i�i the locality of a P.o: ..= or c the le Grantee ;':a,! J not conduct activities that are the Santa or substantially ect:ivaient to activities provided by a state or local government agency in which the Grantee entity resides. r. Non-displacement. sP do employeee I. 1 i L�"t1LiLoli on displacing a.T3 �i��o� ., or a position. �:.. G antee may not displace an employee or position, including partial displacement such as reduction in hours, wages or employment benefits, as a result of the use by such employer of a member in a Program cr project. il. Prohibition on selecting an employee for participation. The . Grantee may not select a member who is employed by the Grantee or who was employed by the Grantee in the previous six months, unless the Corporation Waives this requirement upon a sufficient demonsn-ation of non-displacement. Prohibition on promotional infringement. The Grantee may not create a community service opportunity that will infringe in any manner on the promotional opportunity of an employed individual. iv. P rohibit;on on displacing employee services. duties or activities. A member in a Program or project may not perform any services or duties, or engage in activities that would otherwise be performed by an employee, as part of the assigned duties of such employee. v. Prohibition on supplanting, hiring or infringing on recall r-hts. A member in a Program or project may not perform any services or duties, or engage in activities, that: (a) Will supplant the hiring of employed workers: or Co) Are services, duties or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. vi. Other prohibitions. A member in a Program or project may not perform services or duties that have been performed by or were assigned to any: — (a) Presently employed worker: (b) Employee who recently resigned or was discharged; (c) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (d) Employee who is on leave (terminal. temporary, vacation, emergency or sick); or (a) Employee who is on strike or is being locked out. 34. GR VArNCE PROCEDURE. 44 Thal-Avri130.1999 • ;. o;e=rog up a _ evazce- rocec.'ure. accordance i `; U.v.C. ' r 45 C F. i ,; i, 2 0, G e= �12:, 5 and L�;plc=:e=i.i:_>regulations at :r.� .� ,4,.:., _v. the ,..:.i .. .. _,...�d. establish and implement a process for fiu� . -.d tJother adj,.irAicGt ig -e a._ces from members, or ni'ations a_.d o'th r interesteoi paL_es. A grievance process may include dispute resolution programs such as mediation, facilitation. assisted negotiation and neutral evaluation. A grievance process must provide an opportunity for a grievance hearing and binding arbitration. If the grievance alleges Iran i or c.rir:in:ai activity, it must be brought to.the attention of the Inspector General of the Corporation immediately. Discrimination complaints may also be raisedthrough the grievance procedure. b. In the event that a sub-Grantee of a direct Grantee of the Corporation is no longer in e:iistence, the direct Grantee will assume the reszo sibility of fulfilling the sub-Gr ant's obligation to process ail grievances in accordance with 45 C.F.R§2540.230. c. Alternative dispute resolution. I. Informal resolution. The aggrieved party may seek resolution of a grievance through alternative means of dispute resolution (ADR) such as mediation or facilitation. ADR proceedings must be initiated within 45 calendar days of the date of the alleged occurrence. At the initial session of the ADR proceedings. the party must be advised in writing of the right to file a grievance and right to arbitration. If the matter is resolved. and a written agreement is reached, the party will agree to forego filing a grievance in the matter under consideration. ii. Neutral facilitation. If ADR is instituted, the process must be aided by a neutral party who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the matter through a mutually achieved and acceptable written agreement. The neu-tral party may not compel a resolution. Proceedings before the neutral parry must be informal,al, and the rules of evidence will not apply. With the exception of a written and agreed-utcn ADR, the proceeding must be confidential. Any decision by the neutral parry is advisory and is not binding unless both parties agree. If the grievance is not resolved within 30 calendar days of initiation. the neutral party again must inform the aggrieved party of his or her right to file a formal grievance. d. l~or;�_al grievance proceeding. i. Time limits. Except for a grievance that alleges fraud or criminal activity, a grievance must be made no later than one year after the date of the alleged occurrence. If a hearing is held on a grievance, it must be conducted no later than 30 calendar days after the filing of such grievance. A decision on any such filed grievance must be made no later than 60 days after filing. r-i.-ra1-April 3 0.1999 45. or L.:...o�tom_ cr cces3. La the :'vent an :�.�.0 f ` }.,art ___�... rievanc after p rtticip•at.ng in an inforn.ai.ldispute resolution oese.:.i-.s, the nal party ty may not participate in the formal grievance proceeding. in addition, no communication or proceeding;eedin_ of the informal dispute resolution process may be referred to or introduced into evidence at a grievance or arbitration proceeding. e. i. Selection of arbitrator. If there is an adverse decision acainst the party who filed the grievance, or no decision has been reached after 60 calendar days after the filing of a Grievance, the aggrieved party may submit the grievance evance to arbitration binding lion before a qualified arbitrator who is jointly selected and who is independent of the interested parties. If the parties cannot agree on an arbitrator. withi � 15 calendar days after receiving a request from one of the parses, the Corporation will appoint an arbitrator from a list of qualified arbitrators. i . Time limits. An arbitration proceeding must be held no later than 45 days after the request for arbitration, or if the arbitrator is appointed by the Corporation, the proceeding must occur no later • than 30 calendar days after the arbitrator's appointment. A decision must be made by the arbitrator no later than 30 calendar days after the date the arbitration proceeding begins. Cost. In accordance with 42 U.S.C. §12636(ff)(4)(D), the cost of the arbitration proceeding must be divided evenly between the parries to the arbitration unless the party requesting a grievance proceeding prevails If the grievant prevails, the Grantee must pay the total cost of the proceeding and reasonable attorney's fees of the prevailing parry incurred in connection with the ADR proceeding. iv. Effect of noncompliance with arbitration. Pursuant to 42 t1.S.C. §12636(1)(7), a suit to enforce an arbitration award may be brought in any federal district court having jurisdiction over the parties without regard to the amount in controversy or citizenship. f. Suspension of placement. If a grievance is filed regarding a proposed placement or a member in a Program or project, such a placement must not be made unless the placement is consistent with the resolution of the grievance. — g. R mod.es. Remedies for a grievance filed under a procedure established by the Grantee may include: i. Prohibition of a placement of a member; and ii. In grievance cases where there is a violation of non-duplication or non-displacement requirements and the employer of the displaced employee is the Grantee: (a) Reinstatement of the employee to the position he or she held prior to the displacement; (b) Payment of lost wages and benefits; Iota!-April 30.1999 (c) Re-es ablist�± :n t of other relevant terms, condition:. .+.i • pri-rileces of entolCy ne c, antes. (d) other ecuitable relief that is nay-aScay-y tit Coy: t an violation of the non-au]iicat cn cr rcn-dis^Iaceme t requirements cr to make the d stlaced eniolcvee whole. :.. 07,1=SHIP AND SHARING O; G;�. �i i P ROD' S. :.;.i a. O-wnership. Urless otherwise specified, the Grantee owns and may copyright any work that is subject to ccpyright, including software desisnz, train in:g manuals, curricula. videotapes and other products produced under the Grant. However, the Grantee maysellwork which �,.t. till Gi^ .. not anv which includes an :�mneriCorps loco witt'1ouI prior Corporation written approval. b. Corporation use. The Corporation retains royalty-free, non-exclusive, and in-evocable licenses to obtain, use, reproduce, publish or disseminate products. including data, produced under the Grant and to authorize others to do so. The Corporation may distribute such products through a designated clearinghouse. c. Sharing Grant products. To the extent practical. the Grantee agrees to make products produced under the Grant available at the cost of reproduction to others in the field. 3S. PUBLICATIONS. a. Acknowledgment of support. Publications created by members may include an AmeriCorps logo if they are consistent with the purposes of the Grant. The Grantee is responsible for assuring that the following acknowledgment and disclaimer appears in any external report or publication of material based upon work supported by this Grant. "This material is based upon work supported by the Corporation for National Service under.4-neriCcr ps Grant No. . Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of the Corporation or the Amei-iCcrps Program." b. Materials provided to Corporation. The Grantee is responsible for assuring that two copies of any such material are sent to the Corporation's Office of Public Affairs and Program Office. 37. EVALUATION. a. Internal evaluations. The Grantee must track progress toward achievement of their Program objectives. The Grantee also must monitor = the quality of service activities. the satisfaction of both service recipients and members, and management effectiveness. Internal evaluation and ?'w`tc!-April 30.1999 ::_:,r...... _ should be a ccz'. ;-::cus orcc allowing for frequent feedback and the crick correction of`i`ie {nesses. b.'L.ue:enden t evaluations. The Gran.. b�/ tee }may cot air: an ind p e z i.den eal:laton if provided for in the approved udget. c. External evaluation and data collection. The Grantee must cooperate with the Corporation and its evaluators in all monitoring and evaluation efforts. As part of this effort, the Grantee must collect submit certain member data, including the total number of members in the P rv_,rana, and the number of members by race, ethnicity, gender, age, economic background, educational level, disability classification and geographic region. The Corporation will provide forms for collecting member data. 38. SUSPENSION OR TERif iNATION OF GRANT. a. Suspension of the Grant . In emergency situations. the Corporation may suspend a Grant for not more than 30 calendar days. Examples of such situations may include. but are not limited to: i. Serious risk to persons or property: ii. Violations of federal, state or local criminal statutes: and iii. Material violation(s) of the Grant or contract that are sufficiently serious that they outweigh the general policy in favor of advance notice and opportunity to show cause. b. Termination of the Grant. Pursuant to 45 C.F.R.§2540.400, the Corporation may terminate payments under the grant. revoke the dam.signa_ed member positions, or recover G rant funds for failure to comply with applicable provisions of this Grant. However, the Corporation will provide the Grantee reasonable notice and opportunity for a full and fair hearing, subject to the following conditions: I. No ice. The Corporation will notify the Grantee by letter or telegram that it intends to terminate payments, revoke positions or recover Grant funds, either in whole or in part, unless the Grantee • shows good cause why such assistance should not be terminated, revoked or recovered. In this notice. the grounds and the effective date for the proposed termination or revocation will be described. The Grantee will be given at least 7 calendar days to submit written material in opposition to the proposed action. ii. Right to a hewing. The Grantee may request a hearing on a proposed termination, revocation or recovery. Upon 5 days notice to the Grantee, the Corporation may authorize the conduct of a hearing or other ran:eeting.s at a location convenient to the Grantee to consider the proposed action. A transcript or recording must be made of a hearing. c. The Grantee may suspend or terminate assistance to a sub-Grantee, provided that such action affords the sub-Grantee, at a minimum, the 43 Final-April30.1999 CC c: ;t:1724S"' siction (28). 32, ORDER Vj PR:-.17.C.=E.NC7- shc,,-,LId jaT -C.�.'1'�: T-Z.i.'1 cr.!. Cvc.c.. -,-LTl AriV2 r. the - /';;.Cs s Ci eCiei icvisiCi: , the C-eneral i ali4 ICr , Giants Policy Guidances,c S, and he c 1ci psi ed Giant p c ::C:LCn, i:.e order of prac ` nc.. that will prav$L is h8 (1) Cccper save. Award, (2) the AlherCcr2 Cc2C.±21 Provisions, (3) t'e Cense ? - -uvisic?is, and (4) to accrcved Grant Application. • • 49 fiprl 30.1999 City Council Announcements September 10, 2002 A. Decisions, Feedback & Information needed by staff 1. Contacting Council Members 1) 1) For the day-to-day questions and information, please review the attached chart to ensure that we are following the best procedure for contacting you. 2) 2) For the occasional letters from the Chair or from the full Council, please let us know how it is best to gain your feedback and approval. There are several questions we have to ensure that we are doing this in the best way for you. So far, this has been our practice for sending draft letters: Cindy Gust-Jenson reviewed contact information with the Council Carlton —email second choice- his cell phone Van — phone review ok Eric—fax to work ok Nancy—fax to B&B call the Bed and Breakfast prior to sending fax Jill—email ok Dave—email (when needed) second choice- his work phone Dale —fax to work ok —* Are these the most effective ways to contact you for letter review? --> If we need to have your feedback by a certain time, can the liaison or front office staff call to notify you about the letter? -k On routine thank you letters, do you want to be contacted, or are we safe to assume that there are no objections if we do not hear back within three days? Council Members said they did not need to review each routine thank you letters 2. Property Conveyance: Property adjacent to Mick Riley Golf Course is in dispute. The exchange of property with an additional $10,976 to the City has been negotiated to clear up the dispute. The land is currently used by the County and no negative impacts are anticipated. Council Members said a hearing would not be required on this Conveyance B. Council Office Policies C. For Your Information D. Meetings City Council Announcements September 17, 2002 A. Decisions, Feedback & Information needed by staff 1. Salt Lake County Council of Governments Association Board Carlton attends the COG Association meetings. Some topics that are discussed are Economic Development, Open Lands, Western Transportation Corridor, taxation issues, school issues, etc. Generally, meetings are held on Saturday mornings once per month approximately eight months out of the year. Is another Council Member inter sted in taking up this responsibility? Councilmember Eric Jergensen replaced Councilmember Carlton Christens n as the representative of Salt Lake City in the Association 2. Letter from Jena Burt regarding Sidewalk Vending Last week, Jena Burt of District 2 dropped off letters for each Council Member. Please see your letter, attached. Council Members asked Council staff to write a response letter from the body as a whole. They asked for the information she requested, be included with the letter 3. UTA Memo B. Council Office Policies C. For Your Information Additional Items discussed Cindy Gust-Jenson asked if the City Council would be interested in a Resolution supporting the Leaseback Program scheduled on the ballot for Constitutional Amendment? Council Members said they should remain n utral on Constitutional Amendment items Cindy Gust Jenson updated the Council on hiring a consultant for the Walk- able Communities concept. She said Frank Gray had worked with the City before on several other projects. She asked if Council would like to consid r hiring him, or put this project out for bid. A discussion was held. Th Council approved hiring Frank Gray as the consultant for the Walk-able Communiti s City Council Announcements 2 D. Meetings 1. Northwest Quad The field trip of the Northwest Quadrant is being planned for Monday, September 30th, from 10:00 a.m. to 2:00 p.m. (This does not include travel time to and from the location in the northwest.) Would Council Members be interested in participating on this field trip? Lehua Weaver of Council staff will follow up with each Council Member individually c2 City Council Announcements September 10, 2002 A. Decisions, Feedback & Information needed by staff 1. Contacting Council Members 1) For the day-to-day questions and information, please review the attached chart to ensure that we are following the best procedure for contacting you. 2) For the occasional letters from the Chair or from the full Council, please let us know how it is best to gain your feedback and approval. There are several questions we have to ensure that we are doing this in the best way for you. So far, this has been our practice for sending draft letters: Carlton — email Van — phone review Eric— fax to work Nancy—fax to B&B Jill — email Dave —email (when needed) Dale —fax to work -+ Are these the most effective ways to contact you for letter review? —> If we need to have your feedback by a certain time, can the liaisons or front office staff call to notify you about the letter? -> On routine thank you letters, do you want to be contacted, or are we safe to assume that there are no objections if we do not hear back within three days? 2. Property Conveyance: Property adjacent to Mick Riley Golf Course is in dispute. The exchange of property with an additional $10,976 to the City has been negotiated to clear up the dispute. The land is currently used by the County and no negative impacts are anticipated. B. Council Office Policies C. For Your Information D. Meetings SALT LAKE CITY CORPORATION NOTIFICATION OF PROPOSED REAL PROPERTY CONVEYANCE The following real property or legal interest therein, is hereby proposed to be sold,traded, leased or otherwise conveyed or encumbered by Salt Lake City Corporation. 1. DESCRIPTION OF REQUEST: Public Utilities is proposing a property exchange for Salt Lake City Corporation property located adjacent to Mick Riley Golf Course in Murray. The exchange will clear up a boundary line dispute with the neighbors. 2. LOCATION OF REQUEST: Adjacent to the petitioner's property at 510 E.Murray Holladay Road. 3. COMPANY OR INDIVIDUAL MAKING REQUEST: Cleamond Eskelson 4. COMPENSATION TENDERED: Exchange of property with additional$10,976 paid to the City for the difference in square footage of property. 5. BASIS OF VALUE OR CONSIDERATION: Competitive Bid Fee Appraisal Other xx xx Based on Over the Fence Valuation 6. DESCRIPTION OF POTENTIAL IMPACT: Transaction will clear up property line dispute. Descriptions based on existing fence lines. No additional impacts evident. 7. LONG TERM IMPACT OF CONVEYANCE(is compensation adequate?): No negative impacts 8. PROS AND CONS OF CONVEYANCE: Exchange property is currently used and maintained by Salt Lake County. There are no apparent adverse impacts to the City. 9. TERM OF AGREEMENT: None 10. CONVEYANCE SUBJECT TO ANY OTHER CITY ORDINANCES: None are known at this time. 11. POTENTIAL OPPOSITION?: None is apparent 12. WORK STARTED IN RELATION TO THIS REQUEST?: No. 13. CITY DEPARTMENT/PERSON REQUESTING CONVEYANCE: Public Utilities,Jeff Niermeyer,Karryn Greenleaf Property Management,Linda Cordova,Matthew Williams Revised 6-99 1 ,di-holia City Council Announcements September 17, 2002 A. Decisions, Feedback & Information needed by staff 1. Salt Lake County Council of Governments Association Board Carlton attends the COG Association meetings. Some topics that are discussed are Economic Development, Open Lands, Western Transportation Corridor, taxation issues, school issues, etc. Generally, meetings are held on Saturday mornings once per month approximately eight months out of the year. Is another Council Member interested in taking up this responsibility? 2. Letter from Jena Burt regarding Sidewalk Vending Last week, Jena Burt of District 2 dropped off letters for each Council Member. Please see your letter, attached. 3. UTA Memo B. Council Office Policies C. For Your Information D. Meetings 1. Northwest Quad The field trip of the Northwest Quadrant is being planned for Monday, September 30th, from 10:00 a.m. to 2:00 p.m. (This does not include travel time to and from the location in the northwest.) Would Council Members be interested in participating on this field trip? To: Salt Lake City Council From: The Days of '47 Re: Library/2nd East Improvements We have been looking forward to the completion of the Library Project, and are enthusiastic about the possibilities for future activities there. As plans are being completed for the area, we have concern with the proposed improvements in the 2nd East pedestrian walkway between the City County Building and the Library Complex. To have a planter in the street, would be very difficult for the Days of'47 parade for the following reasons: 1. Safety. The first and foremost concern is safety for both the parade participants as well as the patrons along the sidelines. Consider what happens when a band, 7 members across, and several rows in length, comes to the planter. Floats would have a difficult time negotiating the circumstance, as would the Horse entries. The safety of the patrons could be compromised with the floats and horses coming as close to the sidelines as they would need to do. 2. Route. 2nd East is the only available street left in the city, which can accommodate the parade. With TRAX and the islands in other streets, 2nd East is the best, open-road route. We know the whole project will be beautiful upon completion. We are anxious to once again locate the Parade bleacher seating along the block. Nonetheless, we request there not be any planters in the middle of the street. Respectfully, The Days of'47 Alan Layton, President Carolyn Toronto, 1st Vice President Susan McHenry,Parade Chairman