HomeMy WebLinkAbout2012-0515 Council Mtg PACKET C I T Y OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda-unless it is the subject of a public hearing and the record is closed. Time remaining,the
Presiding Officer may allow oral testimony. If you wish to speak.please fill out the Speaker Request form located near the entrance m the Council
Chambers. The chair will recognize you and inform you as to the amount of time allotted to you,if any The time granted will be dependent to
some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 15, 2012
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting ]AMC 2.04.030.E.]
6:30 p.m. Executive Session for Labor Negotiations pursuant to ORS 192.660(2)(d) and for
consultation with legal counsel concerning current litigation pursuant to ORS 192.660(2)(h).
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Executive Session of April 30, 2012
2. Study Session of April 30, 2012
3. Executive Session of May 1, 2012
4. Business Meeting of May 1, 2012
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation regarding the FireWise Poster Contest Winner
2. Recognition of outstanding AHS orchestra students
VII. CONSENT AGENDA
1. Approval of minutes of Boards, Commissions, and Committees
2. Approval of a Liquor License Application for Brad Boucher dba Sauce
3. Appointment of Nicole Doran to the Airport Commission
4. Approval of a special procurement for computer programmers for the Water
Treatment Plant and the Wastewater Treatment Plant
5. Approval of an MOU between Ashland Community Hospital and Ashland Police
Department to coordinate a facilitate cooperation between the parties for mental
health hold transports
6. Contract for legal services for Douglas M. McGeary
7. Resolution transferring appropriations from General Fund Contingency to the David
Grubbs Reward Fund
Cl)li;v(]1 ill F I '\CiS ARI' R WADC S'[ LIVFON C'IIAA\FI- 9
\ 151
F I 111'1 CITY OF AS111_AND'S 11`I;13 ShIT' AT V'\V II.AND.0R.US
8. Declaration and Authorization to Dispose of Surplus Property in a Sealed Bid Auction
9. Approval to award a public contract resulting from an invitation to bid for Scott Air-
Paks 75 self-contained breathing apparatus, cylinders, and accessories
10. Approval of special procurement for laboratory testing of water quality parameters
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing. All hearings must conclude by 9:00
p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds
vote of council (AMC §2.04.050))
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Resolution increasing water and sewer rates for FY 2012-2013
XI. NEW AND MISCELLANEOUS BUSINESS
1. Approval of Conservation Commission recommendations for Council Goal additions
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Resolution establishing an opt-out policy for the automated meter reading program
2. First Reading of an ordinance titled, "An Ordinance Amending AMC Chapter 10.46
Prohibited Camping, Clarifying Section 10.46.010 Definitions".
3. First Reading of an ordinance titled, "An Ordinance Adding AMC 9.08.280 Feeding of
Deer, Raccoon, and Potentially Habituated Wildlife Prohibited Within the City Limits
of Ashland."
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at(541) 488-6002(TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting(28 CFR 35.102-35.104 ADA Title I).
COI. NU 1, '1FIS'flN6S A R F 13IZOADCAST 1.1VFON' 1-1ANN1-:L1)
VISI I- II IF- C I IN 01' A!-,I II.AND'S M;1")3 S11-1- A I \VVV\\ A III-ANI).OR.U$
LY'/7 l,'UUNC:/L J/UUY JtJJ/VN
April 30, 2012
Page I of
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
April 30, 2012
Siskiyou Room, 51 Winburn Way
Council Chair Voisin called the meeting to order at 5:50 p.m. in the Siskiyou Room.
Councilor Silbiger, Chapman, Slattery, and Morris were present. Mayor Stromberg and Councilor
Lemhouse were absent.
City Administrator Dave Kanner postponed the landscaping re-design portion of agenda item 3.
Discussion of Plaza landscaping re-design, and agenda item 4. Continued discussion: Closing the
feedback loop with the City Administrator to a future Study Session when Mayor Stromberg and
Councilor Lemhouse were present.
1. Look Ahead Review
City Administrator Dave Kanner reviewed items on the Look Ahead.
2. Discussion of policy on an opt out program for the City's electric automated meter reading
program
Interim City Administrator Lee Tuneberg referenced the following four points requiring Council input:
1. Should the City adopt an Opt Out policy?
2. Are the fees identified by staff(approximately $60 to change back from an RF meter and
$10/month) acceptable if a policy is adopted?
3. Should any fees be reduced for customers eligible for low income or senior discounts?
4. What other questions does Council have or what other issues are to be considered before
the Electric Department proceeds with the program, converting the rest of the eligible
meters?
The proposed fees to opt out would cover costs or a reasonable allocation of the costs with fee
amounts changing over time. The conversion was 45% complete and Mr. Tuneberg
recommended a fee review at the end of the program as well as annually. Staff suggested digital
meters without radio transmitters for customers who opted out. The automated meter reading
system would reduce costs and potentially eliminate one meter reader position. Currently there were 12
people requesting to opt out of the radio frequency meter.
Council majority supported an Opt Out policy with fees reviewed regularly. Council discussed whether
to charge immediately, when a neighborhood converted, or when conversion was complete in 2017.
Council did not support fee reductions for low income or senior customers who decided to opt out.
Opposing comment thought low income and senior customers should receive a reduced opt out fee.
City Administrator Dave Kanner would write up a policy for Council discussion and public input during a
regular meeting where Council could decide whether to charge a fee immediately, as neighborhoods
converted or in 2017 when conversion was at 100%.
3. Discussion of Plaza Permitting- Plaza landscape re-design postponed to another meeting.
City Administrator Dave Kanner noted seven issues with the permitting process for the Plaza:
1) Criteria for Plaza Use
2) Exclusive Use
1.Y1'Y CUUNLYL N7 UUY NhJJ/UN
April 30, 2012
Page 2 of 2
3) Time Limits
4) Mass gatherings
5) Noise and Amplification on the Plaza
6) Electricity Use
7) Cooking '
The Plaza was zoned C-1 Commercial and that zone did not permit noise louder than a conversation.
Staff did not support amplification since it violated City laws. The City issued permits on a first-come
first-served basis. Currently two groups wanted to use the Plaza every Friday from May until September
from 5:00 p.m.-9:30 p.m. and that leaned towards exclusive use. Setting two-hour limits for performers
with exceptions for limited events that occur once or twice a year would break up exclusivity and allow
more buskers to perform.
Council agreed with time limits and not reserving multiple days at once. Police Chief Terry Holdemess
explained setting aside a performance venue on the Plaza, with time limits would require an ordinance
specifying the space was permanently set aside for that type of use.
Council majority was interested in clarifying criteria for permits, and possibly researching how the library
reserved their public rooms. Council comments supporting amplification suggested requiring an
amplification permit. Electricity should only be available with a special event permit and fees. Council
supported no cooking on the Plaza because of potential fire, health, and sanitation issues.
4. Continued discussion: Closing the feedback loop with the City Administrator
Item moved to future Study Session.
5. Other business from the Council
Item not addressed.
Meeting adjourned at 7:03 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
_ AJHLANU U11 Y CUUNCIL MLL77Nti
May 1, 2012
Page I of 7
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 1, 2012
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg added agenda item Plaza Re-Design and Updating Downtown Plan to XIV. Other
Business from Council Members/Reports From Council Liaisons.
COMMUNICATION FROM THE CITY RECORDER RE: MAYOR'S VETO OF GREEN CODES
ORDINANCES
City Recorder Barbara Christensen provided Council with the language from the City Charter regarding the
Mayor's ability to veto an Ordinance or Resolution. She read aloud the veto submitted to her office by
Mayor Stromberg on April 20, 2012 on two motions to approve along with his message of disapproval:
• "An Ordinance Amending the Definition Chapter (18.08) and General Regulations Chapter (18.68)
of the Ashland Municipal Code and Land Use Ordinance"and
• "An Ordinance Establishing Provisions for the Keeping of Chickens within Residential Districts, and
Repealing Fence Provisions within the Health and Sanitation Chapter (9.08) of the Ashland
Municipal Code."
Ms. Christensen instructed Council that they could vote again on the two motions. A roll call would take
place that required a 2/3 vote for passage. In the event of a tie, the Mayor would not vote and the tie vote
would result in the failure of the motion.
Councilor Morris/Slattery m/s to approve an Ordinance Amending the Definition Chapter (18.08) and
General Regulations Chapter (18.68) of the Ashland Municipal Code and Land Use Ordinance as
amended." Roll Call Vote: Councilor Morris, Lemhouse, Silbiger, and Chapman, YES; Councilor
Voisin,and Slattery,NO.Motion passed 4-2.
Councilor Lemhouse/Slattery m/s to approve an Ordinance Establishing Provisions for the Keeping of
Chickens within Residential Districts, and Repealing Fence Provisions within the Health and
Sanitation Chapter(9.08) of the Ashland Municipal Code as amended.
Roll Call Vote: Councilor Morris, Lemhouse, Slattery, Silbiger, and Chapman, YES; Councilor
Voisin, NO. Motion passed 5-1.
Passage of the ordinances resulted in the approval of the two ordinances effective May 17, 2012, 30 days
after it was initially passed during the April 17, 2012 meeting.
Councilor Silbiger/Lemhouse m/s to place the item on the agenda, discussion on revisions to the
chicken ordinance specifically in regards to the distance for having chickens.
Voice Vote: all AYES. Motion passed.
APPROVAL OF MINUTES
The minutes of the Study Session of April 16, 2012, Executive Session of.April 17, 2012 and Regular
AJWLANU U11 t.'UUNUIL MLLI]NO
May 1, 2012
Page 2 of 7
Meeting of April 17, 2012 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The Mayor's proclamations and presentations of May as National Historic Preservation Month, the week of
May 5-12, 2012 as Ashland Firewise Week, May 6, 2012 as Firewise Clean-up Day, and the week of May
14-20, 2012 as American Craft Beer Week were read aloud.
CONSENT AGENDA
1. 2012 Annual Appointments to Boards,Commissions,and Committees
2. Approval of a contract amendment in excess of 25 percent for architectural design service for the
remodel of the Police station
3. Approval of a Quitclaim Deed to terminate a public utility easement
4. Request for sewer connection to a business located outside the city limits
5. Approval of a Liquor License Application for Brad Boucher dba Sauce
6. Approval of a Liquor License Application for Brian Dunagan dba Ashland Wine Cellar
7. Approval of a Liquor License Application for Susan Means dba Milagros Fresh Mexican
8. Appointment of Victoria Law to the Historic Commission
9. Amendment to contract with JBR Environmental Consultants for additional work required on the
Wetlands Delineation at the Ashland Gun Club
10. Approval of a special procurement for forestry and education in Siskiyou Mountain Park by
Lomakatsi Restoration Project
11. Approval of an IGA with Jackson County Community Justice for supervised work crews
Councilor Silbiger pulled Consent Agenda.items 41, #2, and #8 for discussion. Councilor Voisin pulled
Consent Agenda item#9 for discussion. City Recorder Barbara Christensen pulled Consent Agenda item#5
from the agenda due to additional information requested by the Oregon Liquor Control Commission
(OLCC).
Councilor Slattery/Morris m/s to approve Consent Agenda items #3, #4, #6, #7, #10 and #11. Voice
Vote: all AYES. Motion passed.
Councilor Silbiger would not support the annual appointments to the Boards, Commissions, and Committees
due to issues regarding the timing, and that Council had not received preliminary notification of the final list
of appointees. Ms. Christensen recommended Council revisit the resolution that set the annual appointment
process for possible improvements. Councilor Voisin added Commissions were proactive in recommending
potential appointees.
Councilor Voisin%Slattery m/s to approve Consent Agenda item #1. Voice Vote: Councilor Voisin,
Morris, Slattery, Lemhouse and Chapman,YES; Councilor Silbiger,NO. Motion passed 5-1.
Councilor Silbiger opposed the contract amendment for architectural services for the Police Station because
he did not support contact amendments in general. Police Chief Terry Holderness explained the amendment
included expenses incurred from shifting direction from using the The Grove to remodeling the Police
Station.
Councilor Morris/Voisin m/s to approve Consent Agenda item #2. Voice Vote: Councilor Voisin,
Morris, Slattery,Lemhouse and Chapman,YES; Councilor Silbiger,NO. Motion passed 5-1.
Councilor Silbiger would not support the Historic Commission appointment because preliminary notification
to Council of applicants applying for Commissions had not occurred.
AJHLANL)U17'r CUUNCIL MLC77NO
May 1, 2011
Page 3 of 7
Councilor Slattery/Lemhouse m/s to approve Consent Agenda item #8. Voice Vote: Councilor Voisin,
Morris,Slattery,Lemhouse and Chapman,YES; Councilor Silbiger, NO.
Motion passed 5-1.
Public Works Superintendent Mike Morrison addressed the contract amendment for JBR and explained the
lead distribution study at the Ashland Gun Club was completed. The additional costs covered the wetlands
delineation presently at the Department of State Lands (DSL) for approval. To date, the City had spent
$135,259.09 on activities recommended by the Department of Environmental Quality (DEQ) to ensure an
acceptable contract. The amendment before Council was the final action for this stage of the work but the
DSL or DEQ could make more recommendations later.
Councilor Voisin/Slattery m/s to approve Consent Agenda item #9. Voice Vote: Councilor Voisin,
Morris, Slattery, Lemhouse and Chapman,YES; Councilor Silbiger, NO. Motion passed 5-1.
PUBLIC HEARINGS
1. Two resolutions regarding Water and Wastewater utility rates.
Public Works Director Mike Faught explained Council adopted the Water and Wastewater Master Plans
April 17, 2012 and the next step was implementing the proposed rates. Staff based the water rate increases
on the Water Master Plan and projects recommended by the Ashland Water Advisory Ad-Hoc Committee
(AWAC) totaling in $30,500,000 with implementation occurring in two phases. The first phase was a 10%
base rate increase that would create revenue stability for under-recovery. The second phase was an 8% rate
increase across the board to start paying for Capital Projects that included the new 2.5 million gallon a day
treatment plant, water storages tanks, upgrading the existing water storage tank, piping the Talent Irrigation
Ditch (TID), the Talent Ashland Phoenix (TAP) emergency line, replacing aging pipe and funding
operational staff. He broke down the 10% and 8% increases that would overall increase monthly bills from
$34.54 to $38.94 for a total impact of average use at 12.7°/x.
For sewer, the proposed rate was 10% to cover $10,800,000 of projects outlined in the Wastewater Master
Plans that were primarily regulatory.
Public Hearing Open 7:45 p.m.
Public Hearing Closed 7:45 p.m.
Councilor Chapman/Lemhouse m/s to postpone indefinitely the discussion of a rate increase until
there is a more reasonable proposal. DISCUSSION: Councilor Chapman thought the 18% increase was
severe. Regarding conservation, goals with projects and expenses would happen farther in the future and
allow the City to recover costs. The issue of 1/4 inch and I inch meter lines was not resolved and he would
not vote for an increase until it was. Councilor Lemhouse noted the need to build and maintain
infrastructure, and agreed a better conservation model would create lower rate increases.
Councilor Voisin would not support the motion. The Master Plans would allow the City to apply for grants
and loans to prevent rate increases over the next 10 years. She wanted to see a progressive rate. Councilor
Morris would support the motion due to his concerns regarding implementation and funding. Mayor
Stromberg thought the rate increase was worth considering, the base rate had been low for several years, and
the City was unable to cover expenses.
Mr. Faught explained not passing the rate increases would delay the projects outlined in the Master Plans.
Financial Consultant Ray Bartlett added that over the last few years the City depleted cash reserves in the
Water Fund to less than $1,000,000 and the City was facing $35,000,000 in capital improvements over the
next decade. The 10% increase in the base rate would make up the deficit and the additional increases
beyond that would prepare them for future capital improvements. At some point, they needed to make the
AJHLANU C:77'Y C.'UUNUIL MLL'/7NU
May 1, 2012
Page 4 of 7
Water Utility credit worthy for borrowing. Councilor Slattery supported the plan but thought it was worth
reviewing the proposed rates to minimize impact. Councilor Voisin was concerned not implementing the
rate increase would result in even higher increases in the future. Councilor Silbiger would initially support a
10% increase in the base rate. Roll Call Vote: Councilor Chapman, Slattery, Morris, Silbiger and
Lemhouse,YES; Councilor Voisin,NO.Motion passed 5-1.
Councilor Lemhouse/Slattery m/s directed staff to come back in two weeks with a 10% base rate
increase for Water across the board and a model for recovery in the future. Voice Vote: Councilor
Morris, Slattery, Lemhouse, Silbiger and Chapman, YES; Councilor Voisin, NO. Motion passed 5-1.
Council directed staff to bring back the wastewater rate increase with risks of postponing and alternatives.
PUBLIC FORUM
Pam Hammond/632 Walnut Street/Represented the Ashland Chamber of Commerce and described the
new Living and Doing Business Guide and contents.
Sandra Coyner/1160 Fern Street/Read from a document she submitted into the record in response to the
Ashland Chamber of Commerce's survey regarding negative behavior in the downtown area and her concern
implementing an exclusionary zone.
Leigh Madsen/176 Orange Street/Participated in the Plaza Watch, described positive experiences he
witnessed, and took issue with the Ashland Chamber of Commerce's survey.
Ariana Rombach/607 Terrace Street/Represented the Ashland High School Griz Garden and spoke against
genetically engineered or GE materials. The proximity of Syngenta's genetically modified organisms
(GMO) that produced Round-Up resistant crops put the Griz Garden's organic practices at risk. Beet pollen
traveled up to six miles and cross contamination with organic crops within that distance was extremely
likely. The Griz Garden students adamantly supported the proposed Jackson County GMO ban and asked
Council to support local farmers and students as they worked together to envision a more sustainable future.
Abraham Bettinger/779 Oak Street/Supported the initiative for genetically modified organisms (GMO)
Free Jackson County, shared health risks, and abnormalities with GMO materials. He encouraged Council to
listen to the supporters of GMO Free Jackson County.
Keith Haxton/1106 Paradise Lane/Was living on the Plaza and thought the Ashland Municipal Code
Chapter 10.46 Prohibited Camping was a major contradiction of values between local City government
and Ashland citizens. He referenced a document he submitted into the record that addressed why AMC
10.46 was unconstitutional..He supported negative punishment for bad behavior but not an exclusionary
zone. He urged Council to review the document.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Approval of an IGA between Oregon Department of Transportation and City of Ashland for the
development of the Normal Avenue neighborhood plan .
Community Development Director Bill Molnar explained the next step in the process was an
intergovernmental agreement with the Oregon Department of Transportation (ODOT) to move the project
forward. The project affected 100 acres within the Urban Growth Boundary (UGB) outside city limits and
would last 12-15 months. Staff held a neighborhood meeting where attendees with larger lots were
concerned with annexation.
AJ'HLA/VU Ul Y C.'UUMAL MLL111VU
May 1, 2012
Page S of 7
Senior Planner Brandon Goldman added mixed use was typically on commercially zoned properties. The
Normal neighborhood had an existing comprehensive plan for housing and staff would retain housing as the
predominant use ofthe.property.
Councilor Voisin/Morris m/s to approve entering into an Intergovernmental Agreement between the
City of Ashland and ODOT to undertake the Normal Avenue Neighborhood Plan project.
DISCUSSION: Councilor Chapman had not supported the Normal Neighborhood plan historically and
would not support the motion. Voice Vote: Councilor Voisin, Morris, Lemhouse, and Slattery, YES;
Councilor Chapman, and Silbiger,NO. Motion passed 4-2.
2. FY 2011-2012 Quarterly Financial Report for January—March 2012
Interim Assistant City Administrator Lee Tuneberg explained third quarter looked at funds that relied on
property taxes. The Ending Fund balances were decreasing and there were no significant electric or water
sales due to weather. Additionally, Capital Improvement projects were starting and there were many
department funds requiring appropriation transfers.
The Reserve Fund increased from $149,000 to $1,000,000 over the past two years due to transfers from other
funds. Per the resolution, the Reserve Fund was open for use as identified through the budget process. Since
it did not have the restriction of a revenue stream, the money rolled into the General Fund, and increased the
amount of the Ending Fund Balance in the General Fund but only in financial presentation.
Councilor Lemhouse/Morris m/s to accept the Third Quarter Financial report for FY2011-2012. Voice
Vote: all AYES. Motion passed.
3. Energy efficiency incentive program allocation for SOU housing and dining project
Councilor Slattery and Councilor Voisin stated even though Southern Oregon University (SOU) employed
them both they did not believe any action they took on the agenda item would result in a direct conflict of
interest and both could render an impartial decision. Councilor Silbiger declared a potential conflict of
interest due to one of the options that would remove all the energy efficiency programs from SOU's fiscal
year resulting in possible client rebates.
Interim Assistant City Administrator Lee Tuneberg explained the electric conservation program received
approximately $500,000 each year from Bonneville Power Administration (BPA) through their Energy
Efficiency Implementation (EEI). City funded programs relied on $300,000-$400,000 each year from BPA.
SOU's project counted on incentive monies that roughly approximated one year's worth of incentive monies
from BPA. Staff provided 3 options in response but recommended option 2. Utilize the FY2013-14 Electric
Fund resources instead of BPA EEI allocation for the SOU project. Option 2 would help the City avoid Tier
2 power purchase rates.
Project Manager Adam Hanks further explained SOU was unable to qualify to receive incentives directly
from BPA due to a technicality.
Councilor Lemhouse/Slattery m/s to accept and approve the staff recommendation to utilize FY 2013-
14 Electric Fund resources to "self fund" the SOU Housing and Dining energy efficiency project
proposal and retain annual BPA EEI allocations for existing energy efficiency program offerings.
Voice Vote: all AYES. Motion passed.
4. Discussion on direction to staff regarding the ordinances recently vetoed by the Mayor and
approved by the Council.
Councilor Silbiger suggested a setback distance approximately 20-25 feel from a neighbors' residence along
with a l0-foot setback from the property line to create a buffer. Senior Planner Brandon Goldman confirmed
AJ'HLANU C17'Y CUUNUL Mth 11N1i
May 1, 2012
Page 6 of 7
requiring a buffer on the chicken keepers' property itself, from an adjoining dwelling with a minimum
setback from the property line was feasible..
Councilor Voisin wanted to include that no one could keep or maintain poultry within 25-feet of another
dwelling and/or between houses and dwellings.
Tonya Graham/2007 Mae Street/Could not have chickens in her backyard because she was on a regular
sized lot. They could have them with the 25-foot buffer but not if it was imposed on the chicken keepers
residence. She thought if people took care of their property and chickens, they should have as much freedom
as possible in that space and let the Nuisance law handle offenses.
Elaine Delsman/555 Fairview Street/Supported an exception to the 75-foot setback and thought the 10-foot
setback might work better.
Robin Haptonstall/341 Beach Street/Thought a no odor or sound problem was the best solution. If
setbacks were required, a 20-foot setback from a neighboring residence made better sense.
Genie Long/1511 HWY 99 North/Described the eggs she receives from a friend who keeps chickens in
Ashland and commented on people becoming more concerned where their food came from. She supported a
25-foot or 30-foot setback.
Gail Barkley/107 N Wightman Street/Asked Council to reduce the setback to 20-feet and did not think the
additional 10-foot buffer from the property line was needed. The idea was a buffer between neighbors, not
the fence. Urban farming was a heritage and the way of the future.
Martin Reece-Sullivan/1155 Tolman Creek Road/Encouraged Council to adopt the 20-foot setback and
shared the history of "Liberty Gardens" during World War II. He suggested Council track complaints
regarding the 20-foot setback for a year to determine if it was successful. The 10-foot buffer from the
property line implied having two fences on the property.
Council majority supported a 20-foot setback from a neighbor's residence, was interested in looking at a 10-
foot buffer from the property line but thought AMC 18.68 prohibiting building structures against fences
might eliminate the need for the buffer. Council directed staff to bring back setback and buffering options to
amend the ordinance for keeping chickens at the June 5, 2012 meeting.
ORDINANCES.RESOLUTIONS AND CONTRACTS
1. Second Reading of ordinance titled, "An Ordinance Adding New Sections 18.08.662 and 18.08.636
to the Definitions Chapter (18.08) of the Ashland Land Use Ordinance and Amending the Historic
District Design Standards and Downtown Design Standards of the Site Design and Use Standards
for Greater Clarity and Consistency with the Secretary of the Interior's Standards for
Rehabilitation"
Councilor Chapman/Lemhouse m/s approve Ordinance #3062. Roll Call Vote: Councilor Silbiger,
Chapman, Voisin,Lemhouse, Slattery, and Morris, YES.Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Discussion regarding landscaping in the Plaza Area.
Councilor Lemhouse explained there were two related topics regarding the Plaza. One was the need to look
at an immediate improvement of the landscaping, cleanliness, and updating the furnishings of the Plaza,
using tourism related capital project monies. The second was whether Council should update the Downtown
Plan, or ask staff to put together a project list to improve the beautification, overall cleanliness, and aesthetics
AJHLANLI(.Y7'Y (.UUN(.7L MLt771V(f
May 1, 2012
Page 7 of 7
of downtown.
Pam Hammond/632 Walnut Street/Spoke on behalf of the Ashland Chamber of Commerce and explained
the Chamber appointed a task force April 12, 2012 to look at ways to improve the downtown area and added
the need to address the Downtown Plan. She listed things that required updating, repair work, or better
lighting and signage, in coordination with the upcoming Transportation System Plan.
City Administrator Dave Kanner explained the various departments responsible for planters, plants, and
trees. Council noted there was $100,000 for downtown improvements or a Downtown Plan and supported
spending it on improvements.
Councilor Lemhouse/Silbiger m/s staff to put out a Request for Proposal (RFP) for a landscaping and
furniture improvement plan for the Plaza. DISCUSSION: Councilor Lemhouse reiterated the motion was
not for a re-design of the Plaza but an RFP to improve landscaping and furniture. The RFP would attract
professionals. Mr. Kanner and Parks Director Don Robertson both agreed on using experts outside of the
City. Mr. Robertson noted the damage incurred from the sheer volume of traffic and people spending
extended amounts of time in specific areas and the need to change the perception, use of the Plaza, and
address enforcement. Councilor Chapman wanted improvements before summer and did not think it
required an RFP. Councilor Slattery thought it might be easier and quicker to repair tree grates, and plants
first than begin Plaza improvements. Roll Call Vote: Councilor Silbiger, Lemhouse, Voisin, Morris, and
Slattery,YES; Councilor Chapman, NO. Motion passed 5-1.
Councilor Lemhouse/Slattery m/s to direct staff to work with stakeholders in establishing a project list
that identifies maintenance issues and improvements to the downtown area.
DISCUSSION: Councilor Lemhouse explained the list would come to Council at a future Study Session
and include stakeholders' participation and input. Roll Call Vote: Councilor Silbiger, Lemhouse, Voisin,
Morris, Slattery,and Chapman,YES. Motion passed.
Councilor Chapman suggested looking at the function of the Plaza. Mr. Kanner would send out a Request
for Quotation (RFQ), determine a qualified person to refresh the landscape and then negotiate a redesign for
the Plaza with that candidate.
ADJOURNMENT
Meeting was adjourned at 10:18 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
CONSERVATION COMMISSION MINUTES
6:00pm-8:00pm —April 25, 2012
Electric Building, 90 North Mountain Ave
--- To be approved at the May 23, 2012 Commission Meeting.
CALL TO ORDER
Chairperson Hartman called the meeting to order at 6:00pm.
Attendees:
Thomas Beam, Risa Buck, Roxane Beigel-Coryell, Cat Gould,Jim Hartman, Jim McGinnis, David Runkel
and Mark Weir were present. Sheri Cellini was not present
City Council Liaison: Carol Voisin, present arrived at 6:11
Staff Representative: Lee Tuneberg,Adam Hanks, and Mary McClary.
Chairperson Hartman explained they had a guest phone speaker, Regina Hauser at 6:15.
APPROVAL OF MINUTES
Chairperson Hartman asked for approval of the minutes for April 09, 2012.
Commissioner Buck questioned listing Shaun Franks as a representative. Mary McClary explained she removed
him from that section.
Commissioner Buck changed verbiage under item D New Business, Fourth of July,to read:
Commissioner Buck reported to the Commission about the Chamber of Commerce meetings where they have discussed
the Chamber modeling"Green"events. She explained the Fourth of July event was the biggest garbage maker of the
year. The members passed around different ideas for supporting the event,and Commissioner Buck asked the
members to considerjoining in helping waste prevention and some recycling this year.
Commissioner Buck moved to accept the minutes of February 25, 2012 with the stated changed. The motion was
seconded by Commissioner McGinnis.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
ANNOUNCEMENTS
The next Conservation Commission meeting would be held May 23, 2012.
Central Point would be holding a Round-Up Event sponsored by Southern Oregon Sanitation and Waste
Management of Grants Pass on May 19th.
Household Hazardous Waste Collection will be held on May 4'"and 5'"at the Rogue Transfer and Recycling station
from Sam to 4pm.
Commissioner Buck asked the Commission to give Commissioner Corns a Certificate of Appreciation for his work
on the Commission.
Ashland's 15'Annual Firewise Clean-Up Day will be held on May 6'"at the Lincoln School dirt parking lot from 9am to
4pm. Citizens may drop off leaves, pine needles, small branches, brush& other yard debris for free sponsored by
Recology Ashland Sanitary Service, Ashland Fire& Rescue and the Ashland Firewise Commission.
Russ Chapman felt there should not be any burning allowed within the city defined border called the Air Quality
Maintenance Area. He stated there are other options, composting or burning at Bio Mass.
PUBLIC FORUM
Russ Chapman thanked the Commission and the Conservation Division for their continued financial support in
helping to make the Ashland Earth Day an annual success. He slated how much he appreciated the efforts of
everyone.
Regina Hauser, member of the International Board of Directors for Natural Step, spoke (by phone)to the
Commission regarding what was included in putting together the Natural Step framework for an organization. She
explained the framework can be used in a number of different ways:
• A starting place to unite behind a definition of sustainability
• How it is relevant to a municipality and helps to meet the human needs of the community
• Strategic planning process, goals to achieve
• How the community would be truly successful in sustainable practices at an
operations and/or community level
She gave the Commission examples of cities that were successful with the Natural Step process and were
approximately the same size as Ashland for example: Whistler, BC, Corvallis, OR, and the City of Wisconsin.
Information can also be found on the city web sites. In addition, Organically Grown, a company for organic food
distribution, had reported their strategic processes and goals each year. The framework does not offer carbon
measurement programs, or the usage of the best chemicals in lighting. Each community has its own set of unique
needs based on a variety of circumstances.
Commissioner Buck asked how much participation would be needed for success and what would be the time
commitment. Reginia remarked for strategic sustainability planning, the top leaders of the city would need to be
supportive and provide a level of leadership. Putting together a plan would vary, but it could take approximately 30-
40 hours within an organization, and 100 hours for the community with a lot of support and spread over a few
months.
ANNOUNCEMENTS
The next meeting would be held on May 23, 2012.
UNFINISHED BUSINESS
A. Recap of April 16 Council Study Session
Commissioner McGinnis recapped the Council study session highlighting the success of the letter the
Commission sent to the City Council for discussion.
Leed Silver Standards for new construction
Commissioner McGinnis felt they were leaning toward creating a policy for how the city
would adopt a policy toward meeting the intent of a minimum of Leed Silver standards for
new city construction.
Councilor Silbiger questioned if Council decided to apply Leed Silver to all new city
construction projects, or just Fire Station 2. Adam Hanks explained the Council voted in the
fall of 2006 (6-0) to construct the Fire Station 2 Leed Silver and a vote of(4-2)to require the
certification. They deferred creating a policy about future projects until they would be able
to evaluate Fire Station 2.
Commissioner Weir asked the Commission for support in asking Councilor Voisin to put
forth to the Council to make it a city policy for all future city construction projects meet at
least Leed Silver Certification. Mr. Tuneberg responded staff would be constructing
recommendations to the Council for either a resolution or a policy for adoption within the
next few months.
The members discussed their frustration in their ability to make changes and
recommendations of policy and resolutions within the city government. They discussed
some of the processes the city goes through to create those kinds of changes and the
difference between policy and resolution. Resolution meaning legally responsible and policy
more of guidelines holding a different legal ratification.
Mr. Tuneberg explained either it was an internal policy established by resolution, or an
ordinance changing the municipal code. Ordinances and codes were laws. He explained
the first step would be to see the results with Fire Station 2 and also communicating with
Community Development to understand the impacts they would be facing. He would report
to the Commission with updates.
Developing concise sustainability,action items
Staff would bring forward to a Council Meeting the Conservation Goals presented at the
study session. In addition,the Council would have the minutes of the study session.
Anti Idling Discussion/Road Diet Letter
The Council would like to see a study done for the whole Road Diet.
B. Fourth of July
Set aside
C. Commission Expenditure Requests for FY2011-12
The Commissioners decided to delay a public event to demonstrate the Natural Step process and instead
discussed holding a June meeting/event to inform the public about the greywater permitting process after
they receive information from the City in regards to their standards. They also discussed making a video to
keep as a resource for the future.
Adam explained Bill Molnar, Director of Community Development, and his staff were working on how they
would facilitate the new process within the City.
Commissioner Weir made a motion to set up a sub-committee for the grey water meeting, of which
he would lead, and allocate the funds available still in this physical year for that meeting and
work out the details of where it would occur and present at the next Commission meeting in conjunction
with the city staff member from Community Development. The motion was seconded by Commissioner
Runkel.
Chairperson Hartman talked about giving the Rogue River Keepers $100.00 in addition to the award to
Maureen Page for their conservation efforts with the non-profit Conservation Award.
Commissioner Weir moved to give Rogue River Keepers$100.00. Motion died for lack of a second.
Commissioner Runkel mentioned a member of the Virginia Tec professionals who had written a book called
Small Cities Sustainability and might be a possible speaker.
Commissioner Weir amended his motion to state using$1,300.00 instead of all monies left. Seconded by
Commissioner Gould.
Amendment motion vote:
Voice Vote: All Ayes. The motion passed with a unanimous vote.
Original motion vote:
Voice Vote: All Ayes. The motion passed with a unanimous vote.
Commissioner Beam spoke to the Commission about the$100.00 for the Rogue River Keepers. So moved
by Commissioner Runkel and seconded by Commissioner Gould.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
Commissioner Weir made a motion to create a Sustainability sub-committee and planned to allocate a fund
amount that would be determined by that sub-committee for an event sometime in July or August.
Motion died for lack of a second.
The members discussed how the event could be funded, either by the Commission and/or a city
department.
Commissioner Buck, Runkel, Beam, Beigel-Coryell, and Gould wanted to participate in the Greywaler sub-
committee. Mary McClary reminded the Commission about noticing the meetings, taking minutes and
reporting back to the Commission.
Commissioner Cellini joined the meeting at 7:24pm.
Adam explained to the Commission some of the issues the Commission was concerned about, might be
already addressed by staff from Community Development and all the administrative components.
Commissioner Cellini spoke to Pieter Smeenk and Larry Elliot and reported they were fully working on the
details. She recommended the Commission allow staff to report back before establishing the sub-committee
to save time and energy.
Commissioner McGinnis would like as a Commission,to make a recommendation to the City Council about
the sustainability framework. Adam hoped at the next Council meeting the Commission's role would be
clarified. McGinnis asked for staff to keep them informed.
D. FY 2012-13 Commission Budget Appropriation Requests
Set Aside. They discussed reviewing the past three years of budget spending going towards the next year.
They asked Adam to put together a proposal of the 12-13 budget based on the prior three years spending
trends.
NEW BUSINESS
A. Earth Day Recap
Commissioner Cellini made some suggestions for next year's event:
• Tablecloths
• Canopy
• Updating the Commission display board
• Activity for the kids
• Setting up an Earth Day sub-committee
Commissioner Buck complimented Commissioner's Runkel and Cellini's efforts for the Awards, believing
the awards have now become a very successful annual event. The Commissioners gave them a round of
applause. Commissioner Cellini suggested the Commission not give a monetary award in the future
suggesting some other form, for example: supporting city landscaping.
Commissioner Cellini left at 7:42pm.
B. Energy Efficiency Program Recommendation
Commissioner Weir commented he would have to set this topic aside until the next meeting.
C. Water Conservation Analyst Position Update
Mr. Tuneberg announced the position had been filled and the new person would start at the end of May.
The Commission asked that person to attend the June Commissioner meeting. Until the new Assistant City
Administrator position is filled, that position would report to the Public Works Director.
D. Storm Drain Marking Program Update
Commissioner Buck remarked the project was to be completed by Fall of 2012. Lee would ask Mike Faught
for an update on the project.
E. Fourth of July
The Commission developed a sub-committee consisting of Buck, Beam, Weir, McGinnis,and Hartman and
there was also a suggestion they include sharing with the public the Commission's accomplishments.
F. Discussion on Preparations for Sustainability Planning Council Item
Already discussed.
OLD BUSINESS
A. Commission Member Assignment/ Project Updates & Next Steps
Set aside
B. Staff Report: Commission Draft Idling, Policies, and Actions
Adam passed out documents last month and updated the Commission. Diamond parking was monitoring
vehicles for idling. He was looking for a better reporting system to get an understanding of what areas to
target. He was working with the Superintendant and their budget, including trends. They were implementing
the stickers the Commission recommended. In addition, there would be training for all staff that operates
vehicles. The fleet had fuel efficiency targets, looking for a comparative standard for a bench mark.
Commissioner Weir wondered if the successes could be put onto the Ashland website, or compile reports
that other people and cities would be able to recognize. Adam remarked the city would need to find out the
reason for the reduction and not make assumptions, but as the efforts come to fruitarian, staff could compile
the information for communication purposes. Lee reminded the Commission about Dave Kanner's
message to the budget Committee highlighting Ashland's trends in power, water and conservation efforts.
Commissioner's Weir would like to have our accomplishments highlighted on the city web.
C. Green Drinks Discussion on potential Commission Involvement
Set aside.
QUARTERLY LIAISON REPORTS
A. Southern Oregon University
B. Ashland School District—not ready to give postponed to next meeting
C. Recology Ashland Sanitary
COUNCIL LIAISON REPORT
Set Aside
OTHER BUSINESS FROM COMMISSIONERS NOT ON AGENDA
Future agenda item requests, set aside
ADJOURNMENT
Chairperson Hartman made a motion to adjourn the meeting at 8:04pm, seconded by Commissioner Gould.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
Respectfully submitted by:
Mary Mc Clary
Administrative Assistant for Electric, Telecommunication
and the Conservation Department.
In compliance with the Americans with Disabilities Act,if you need special assistance to participate in this meeting, please contact the
Community Development office at 541A88-5305(TTY phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Titlet),
CITY OF
-ASHLAND IMAR
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
DRAFT MINUTES
March 28,2012
CALL TO ORDER
Chair Regina Ayars called the meeting to order at 4:30 p.m. at the Council Chambers located at 1175 East Main St.
Ashland, OR 97520.
Commissioners Present: Council Liaison
Regina Ayars Carol Voisin
Brett Ainsworth
Barb Barasa Staff Present:
Ben Scott Linda Reid, Housing Specialist
James Dills Carolyn Schwendener, Admin Clerk
Richard Billin
No Commissioners Were
Absent
APPROVAL OF MINUTES
Billin/Dills m/s to approve the minutes of the February 22, 2012 regular Housing Commission meeting. Voice Vote:
All Ayes minutes were approved as presented.
PUBLIC FORUM
No public comments were made.
CDBG APPLICANT PRESENTATIONS
Reid briefly went over the staff evaluation of the four applications that were received. It is the City's policy to award
no more than two projects in any given year. Reid acknowledged that all of the applications were wonderful and
they appreciated everyone's effort. The following are the two applications that staff is recommending.
For public services staff is recommending the funding of St. Vincent De Paul. Reid acknowledged that both the
Maslow Project and St. Vincent De Paul are fabulous projects and are much needed in this valley. One reason staff
is recommending St. Vincent De Paul over the Maslow Project is they serve similar populations and have similar
goals but Maslow did not provide clarity on how the CDBG funding would substantially increase the services that
they would be offering. St. Vincent De Paul stated they would be helping thirty additional families with the grant
money; Maslow did not quantify a number.
For Capital improvement projects staff is recommending to fund $20,000 to Living Opportunities for renovations at
747 Normal Street and that $87,646 to be held in reserve for the Ashland Emergency Food Bank to acquire a
permanent location. The Ashland Emergency Food Bank would not be prepared to acquire a site until completion of
an extensive fundraising campaign and as such could not feasibly acquire the property in this program year. Staffs
recommendation to reserve the money would be contingent upon successful fundraising which allows AEFB to
consider the CDBG funding as leverage for further grant applications but the City would have the ability to re-
allocate those funds should fundraising efforts fall short or other unforeseen circumstances necessitate a change in
1
plans prior to March 2013.
The applicants gave their presentations
Maslow Project — Lacy Renae, Mental Health Counselor and Art Therapist as well as the newly appointed person
for overseeing program evaluation was present to represent the Maslow Project. Maslow Project is a non-profit
agency providing homeless children and youth with basic needs and support services including case management
and counseling support services through agency partnerships and Community resources to best meet the needs of
our youth. Our biggest goal is helping kids graduate from High School despite their homelessness, said Renae.
Their school based program places case managers in Medford, Rogue River and now Ashland schools to identify
youth in need of services. Renae introduced Ali LaJuenesse new Ashland case manager. She is based out of
Ashland High School though she also serves Ashland Middle School as well as the elementary schools. Currently
there are ninety-nine children and youth who are identified as fitting the criteria for homelessness in Ashland. Of
the ninety-nine children identified as needing services LaJuenesse said fifty-three students are under grade five,
twenty-three are between six grade and eighth grade and another twenty-three are between ninth grade and twelfth
grade.
A question and answer period followed the presentation
What year did you get the ninety-nine student count?
The current year, 2012. Referrals come to Maslow from the school councilors and attendance
administrators. The correct count is probably closer to one-hundred and twenty-five youth. LaJuenesse is
helping an Ashland High Senior set up an emergency clothes closet as part of their senior project.
What would be the impact of not getting these funds?
Due to their budget LaJuenesse is serving two days at week at the Ashland Schools. The grant would
allow LaJuenesses' position to expand to three or four days a week. She would be able to have more of a
presence in the schools and be able to identify the additional children and youth who are under the radar.
The grant money would be used to expand your program. If you'don't get the money would you continue to serve
the youth of Ashland two days a week?
They are committed through June of 2012. They would need to acquire more funding to start up the
program again in the fall.
Explain what you guys do different then what Community Works does in our Community.
Community Works has a street outreach worker who works in Ashland. She works with the kids who are
more visible in the downtown area. LaJuenesse is in the process of contacting her to hopefully bring some
of those kids into their program. Primarily the difference is in the population they serve. Maslow is the only
organization that serves just the children and youth so they can provide more services for them. They do
not feel they duplicate Community Works but complement each other.
St. Vincent De Paul — Rich Hanson and Charlotte Dorsey along with past recipient of the program Desirea Flowers
were present to discuss the application of the Ashland Home Visitation program. Mr. Hanson thanked the
Commissioners for their confidence they have placed in them by awarding them with the public service grants for
the last two years. With the combination of HUD funds, their twelve volunteers and their own budget monies St.
Vincent De Paul has been successful with the challenge of preventing homelessness. The CDBG funds of$30,000
• from 2010 enabled them to help eighty-seven people, thirty-six households and move three families out of
homelessness. With the HUD funds St.Vincent DePaul is able to help with transition housing by providing rental
deposits and several months' rent. All the funds go directly to people in need as St. Vincent De Paul is entirely run
by volunteers. Hanson is optimistic that with the continued CDBG funds they can move more families out of
homelessness in the coming years.
2
Charlotte Dorsey has volunteered with St. Vincent De Paul serving in the Ashland and Talent area for over 13
years. Dorsey addressed the issue of homelessness and what the CDBG money is used for. Presently they are
working with six individual people; two woman living in their cars, one woman living in a barn, one living at the Dunn
house and two senior men. St. Vincent De Paul is able to work with more individuals this year then prior years due
to the CDBG funds.
Desirea Flowers introduced herself and shared what an honor it was to be here. St. Vincent De Paul volunteers
Charlotte and Allison have been awesome and Flowers has developed a wonderful friendship. She was made
aware of St. Vincent De Paul from Pam at the Peace Church. At one point Flowers was living in her car with her
two dogs. After receiving some funds she was able to move to a trailer but needed further assistance with first and
last month's rent, food, gas money etc. St. Vincent De Paul provided those things for Flowers. She is forever
grateful. Flowers is currently working and hopes that some day she too can help people get off the streets.
A question and answer period followed the presentation
Sounds like you give people a fishing pole not a fish to enable them to become who they want to be. you give
them the resources they need.
The nature of the mission is we cannot do it for anyone they must participate at the level they are able.
What do you do with mentally ill individuals?
Because of the personal nature of the team working together it's possible to work over an extended period
of time getting to know the clients. Many who come for help don't fully understand the safety net that is
available to them. St. Vincent De Paul gives the client the assistance and education they need to know the
agencies that can help them. Seniors are especially unaware of what is available to them often not having
been in the situation before.
If the CDBG funds are not available or more funds are needed do you use your own money for the same purposes?
St. Vincent De Paul spends from their own funds each month anywhere from $7,000 to $13,000 in Ashland
and Talent. If we chose to use our own money for rental assistance we would run out of money, staled
Hanson. When CDBG funds end they can no longer provide those specific services until it is replenished.
Their current budget this year is $120,000 of which $30,000 comes from the City's Block Grant. From their
own funds $50,000 is used to pay utilities, $35,000 for rent, and lesser amounts for transportation, medical
etc. The block grant has enabled us to work with people who are in serious situations and need that
additional help to leave homelessness.
What type of success have you had in keeping people in housing over a long period of time?
After checking back with people who have received CDBG funds the success rate appears to be 100%.
Clients need an income before moving into housing in order to move forward and meet the responsibility of
the expenses associated with housing. That is what we try to help them secure. The majority of people we
find are not able to work and we assist by advocating for social security, veterans pension, disability etc. By
receiving some income it allows the client to make housing possible.
At what point is it considered,a success story and no need for follow-up?
We leave that decision up to the individual. They always have support from us as long as it takes.
Ashland Emergency Food Bank — Susan Harris, part time AEFB manager and Ward Wilson board member
spoke regarding their application. Harris is the only paid position everyone else is volunteers. The Food Bank was
started in 1972 from a handful of women who decided there was a need to address the hunger issues families were
experiencing in the Ashland, Talent area. In any given month the AEFB serves anywhere from 425 to 450
households. Twenty percent come from Talent, five percent are homeless and 38 percent are individuals under the
age of 18. The average household size is 2.5 people. This is the first time they are seeking funds in order to
purchase a permanent home located at 560 Clover Lane.
Ward Wilson introduced himself. He stated they are a faith based organization and by far the largest food bank
3
functioning in Ashland. The Food Bank expects to deliver 380,000 pounds of food to anywhere from 5,500 to 6,000
households. Roughly twenty-five percent of all households within the City of Ashland contribute food to the food
bank.
The AEFB has entered into a lease to buy agreement with People's Bank in Medford. They have two years to raise
the money and purchase-the building at a fixed price of $475,000. The bank has allowed the AEFB to pay a small
rent of$600.00 a month allowing them to be successful.
A question and answer period followed the presentation
Have you at this time applied for any of the other non-governmental grants that you are expecting to receive?
No we have not applied yet. It is unknown if those funds will be received.
What would the impact be if we weren't to award the grant at this time but ask that you apply again next year?
The biggest thing is that the restricted award would give us something to say to potential donors letting
them know we are on our way. We do feel we will be able to meet our goals but that first drop in the bucket
is a big help with our promotion. We are also planning a campaign for direct asks of donors in town to
supplement the other requests.
What type of relationship do you have with the other businesses in the area?
A very good relationship. We are located next to Brammo Manufacturing and owner Craig Bramscher is
very supportive of our project. Holiday Inn Express and the Best Western have been exceptionally
supportive as well. We have been very well received in our area.
Is all the space currently being used?
Yes, extensively.
Are there other additions you will need to make on the building?
No, not at this time. We don't anticipate our donated food becoming a whole lot bigger; hopefully the
economy will be improving.
The bank is giving you a break on the price. Sounds like they have been a good partner.
We have been impressed with the willingness from the bank to consider the lease to buy proposition and
their willingness to contribute their support to the community.
Will you be able to get the option extended?
There is no guarantee we could. Due to the changing economic atmosphere it's hard to determine what
could happen in the next couple of years. Reality is if the economy improves and they receive another
offer they could accept that offer and not extend our option. We do think the possibility of an extension is
feasible though we don't believe we will need it; our goals are achievable.
With property taxes and upkeep what are you doing to continue ownership?
One of the advantages of being a 501C3•is they have been granted 'a property tax exemption. Since we
are the tenant the bank doesn't have to pay taxes on this property. Our overhead runs less than 10% of the
dollar value of the 380,000 pounds of food given out each year. Our rent runs $7,200 a year and utilities
along with Susan's salary run around $65,000. Our monthly needs are not that great.
What other organizations are you collaborating with?
Private foundations, individual donors and hopefully the City of Talent.
Living Opportunities — Jim Gochenour, Development Director for Living Opportunities was present to give an
overview of the application. Living Opportunities has been around since 1983. They are the largest provider of
services for people with developmental disabilities in Jackson County, serving over 300 people. Their mission is
"For people with developmental disabilities to work for the same employers, live in the same neighborhoods and
4
1
have the same experiences everyone aspires to in our community."
Living Opportunities has housed the employment and leisure activities in the Ashland building located at 747
Normal. They have over 100 individuals that are employed, over 50 businesses that employ their clients and 45
staff members working in their employment office. Ashland has been very receptive of them and they have many
local businesses partners. Their placement rate is 99.5%for employees with disabilities.
Living Opportunities is requesting $20,000 in order to complete the renovation at 747 Normal Street. The first
phase of the renovation was the installation of a new roof, including patching and repairing the current
understructure, for $15,000; phase two included rewiring the buildings existing electrical and overlaying the ceiling
with drywall to accommodate new lighting, for $13,581.23. Matching funds of $20,000 are needed in order to
complete the remodel project, plumbing that needs repaired, interior walls, windows and doors along with additional
electrical work and a new heating system. The total amount needed to complete the project is $40,000, $20,000 of
which they already have.
A question and answer period followed the presentation
You indicated that you had a project that was previously funded by CDBG funds, what was that.
No we have never received any funding from Ashland though we have applied in the past.
The completion cost is $40,000 and you already have in hand$20,000 is that correct?
Yes, we purchased the building in 1986 which had been the old Goodwill building.
Will you be able to continue to use the facility while it is being remodeled?
During the last phase we had different people in the community who volunteered to house the people while
it was being completed. Darex gave us space as well as a local church. We are not planning on spending
any money to house the folks while the project is being done.
Without the money what will you do?
We would not be able to go forward with the project at this time.
HOUSING COMMISSION RECOMMENDATIONS
The Commissioners deliberated and discussed the presentations in order to make a recommendation. One topic of
discussion was whether the City had the ability to award more than two applicants grant money. Reid said in order
to award more than two projects it would take an amendment to the consolidated plan which can be done only
through the direction of the City Council. Reid stated the rule was put into place because earlier in the CDBG cycle
the City would award multiple grants or split them creating an administrative burden on both the grantee and city
staff. Also as the City developed a priority for housing splitting the grants would eventually make them too small to
do those projects. Reid acknowled the process would entail drafting an amendment to the consolidated plan,
publishing a notice about the change in the newspaper and sending the amendment to HUD for approval.
Ainsworth/Scott m/s to "Recommend funding the St. Vincent De Paul Home Visitation proposal in the amount
of $14,000 and funding the Maslow Project for $10,000 and that the Living Opportunity ACES remodel
Capital Improvement proposal be fully funded in the amount of $20,000. The Commission would also
recommend that the balance of the funds $87,646 be placed in reservation for the Ashland Emergency
Food Bank pending the results of their fundraising efforts which could include a second application for the
2013 CDBG RFP and also request Council to direct Reid to draft an amendment to the consolidated plan
allowing more than two awards but no more than three in any one year."
The Commissioners discussed the motion. The Commissioners main concern was that if in the future several
projects were brought before them how many could they award? The Commissioners agreed that they needed to
inform all applicants of other available funds and resources including the Housing Trust Fund.
The Commissioners asked St. Vincent De Paul if they received a reduced award, how would that effect the number
5
of people they could serve? On average expend approximately $800.00 per client with the Block Grant money,
making that total approximately 42. The Commissioners agreed St. Vincent De Paul has many positive attributes;
an all volunteer organization, no administrative overhead, a proven record and they serve a lot of people. On the
other hand we would like to encourage other agencies to come to Ashland and be part of the Ashland Community.
The Commissioners voted: The motion passed unanimously.
LIAISON REPORTS DISCUSSION
Council — Voisin reported that the Council Study Session on Monday April 16 may include a discussion regarding
whether to combine the Homeless Committee with the Housing Commission. It was suggested that the
Commissioners might like to attend the meeting.
General Announcements — Dills announced that a Demographer by the name of Charles Rynerson visited the
Ashland School Board. Rynerson had recently reviewed the 2010 census report in comparison to the 2000 census
report and discovered the dwindling enrollment in Ashland Public Schools. He determined there was a direct
relationship with lack of affordable housing in the community. If we want to attract young families in our community
we need to offer more affordable housing, stated Dills. Dills is working on getting the report that Rynerson
completed. It may be posted on the web soon.
Dills announced that being a newly married man, a full time student and having a job is making it difficult to remain
on the Commission. His term is up next month and he will not be reapplying. He intends to be at next month's
meeting in order to discuss the RVTV project. The Commissioners acknowledged how much they will miss Dills and
hate to see him go, but respect his decision. Dills said he had gained a lot from the Commission and will continue
to volunteer in various capacities.
Reid reminded any Commissioner whose term is expiring to send an email to the City Recorder, Barbara
Christianson, acknowledging their desire to reapply.
APRIL 25TH, 2012 MEETING AGENDA ITEMS
CDBG Action Plan Approval
RVTV project discussion
Preservation letter from Barasa and discussion of incentives
Quorum check; Scott will be out of town everyone else will be there.
UPCOMING EVENTS AND MEETINGS
Homeless Task Force Meeting-April 17th, 2012: 10:30-12:00 Housing Authority Conference Room 2231, Table
Rock Road, Medford
Next Housing Commission Regular Meeting
April 251h, 2012 4:30-6:30 PM
ADJOURNMENT-The meeting was adjourned at 6:50 p.m.
Respectfully submitted by Carolyn Schwendener
6
I
C I T Y OF
-4SH LAN D
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
April 10, 2012
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Michael Dawkins Bill Molnar, Community Development Director
Eric Heesacker Amy Gunter,Assistant Planner
Richard Kaplan April Lucas,Administrative Supervisor
Pam Marsh
Melanie Mindlin
Absent Members: Council Liaison:
Debbie Miller, absent Dennis Slattery,absent
ANNOUCEMENTS
Commissioner Marsh noted the annual appointment process is coming up and Commissioners Mindlin and Dawkins have
requested reappointment.She added one vacancy remains and is hopeful a new member will be appointed. Marsh announced the
TSP subcommittee and joint meeting schedules;and reminded the group that their Annual Retreat is Saturday, May 5.
Community Development Director Bill Molnar announced the Unified Land Use Project will come forward at the next Study Session
and the Commission should also have enough time to discuss Retreat topics.
Commissioner Mindlin requested an update on the"chicken ordinance". Mr.Molnar stated the Council did not hear this item at their
last meeting and it will come back on April 17. He added per Council's direction at first reading, staff is presenting revised language
that would allow up to 20 chickens for larger lots.
Commissioner Mindlin stated she presented the Commission's Pedestrian Places Memo to the City Council and noted the Council
initially questioned whether the North Main arterial should be changed given the Commission's concerns with this area.Mr. Molnar
stated Commissioner Mindlin did a great job responding to the Council's questions and they seemed happy with the Planning
Commission's work.
CONSENT AGENDA
A. Approval of Minutes.
1. March 13,2012 Regular Meeting.
Commissioners Dawkins/Mindlin mis to approve the Consent Agenda.Voice Vote:all AYES.Motion passed 5-0.
PUBLIC FORUM
Colin Swales/143 Eighth Street/Stated no one from the community testified at the Historic or Planning Commissions public
hearings on the Historic District Design Standards Update,and requested the City send additional notice to affected property
owners prior to the Council hearing. Mr.Swales also commented on the upcoming Unified Land Use Ordinance project and stated it
is the decision process that needs to be streamlined.
Mr.Swales was asked to elaborate on why he believes the Historic District Design Standards Update warrants further noticing. Mr.
Swales stated even minor tweaks can be substantive 9 you add them all up, and believes the property owners should be made
aware of the changes.
Ashland Planning Commission
April 10, 2012
Page 1 of 4
Zach BrombacherlStated he is against infill and commented on the recent subdivision development near his home. He stated this
used to be a nice,rural area and voiced his displeasure with all the vehicles parked along the road. Mr. Brombacher also voiced his
concern with this development directing its drainage into Hamilton Creek;and stated this creek runs across his property and he is
worried about the increased flow.
Mr. Molnar clarified the City Council has already held the public hearing and passed first reading on the Historic District Design
Standards and the second reading is scheduled for May 1,2012.
UNFINISHED BUSINESS
A. Approval of Findings for PA-2011-01523, Revised Historic District Design Standards.
Commissioners MindlinlHeesacker m/s to approve the Findings for Planning Action#2011-01523.Voice Vote:all AYES.
Motion passed 5-0.
PUBLIC HEARINGS
A. PLANNING ACTION:#2012-00018
SUBJECT PROPERTY:2220 Ashland Street
APPLICANT:Summit Investments
DESCRIPTION:A request for Site Review approval to construct a new 4,125 square foot,single story,retail building
and associated site improvements for the property located at 2220 Ashland Street.The former Pizza Hut building is
currently located on the site.COMPREHENSIVE PLAN DESIGNATION:Commercial; ZONING:C-1;ASSESSOR'S MAP:
39 1E 14BA;TAX LOT: 1700.
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Ex Parte Contact
No ex parte contact was reported;all of the commissioners indicated they are familiar with the site.
Staff Report
Assistant Planner Amy Gunter stated the applicants are proposing to construct a 4,125 sq.ft. retail building at 2220 Ashland Street
and the site is subject to the Site Design& Use Standards,basic and detail site review,and the recently adopted Pedestrian Places
requirements.The existing building is proposed to be demolished;and there are also landscaping,parking lot,and other site
improvements proposed to be modified. Six trees are proposed for removal, however only one is large enough to warrant a tree
removal permit. It was noted that all immediately adjacent properties are zoned C-1 commercial and are under the same ownership
of Summit Investments.
Ms. Gunter reviewed the site plan and stated the new building would be set back 12 feet from the sidewalk;and of the 12 required
parking spaces,9 will be located at the rear of the building and the remaining 3 would be on the adjacent property to the east. She
explained the applicants are also proposing to create a streetscape entrance into the shopping center with sidewalks,street trees,
and a center median;and the Ashland Street frontage will be improved with an 8 foot sidewalk and street tree wells.
Ms. Gunter commented on the building design and landscape plan, and explained staff has raised issue with the following
elements: 1)building orientation and sense of entry to Ashland Street, 2)the pedestrian plaza area lacks protection for rain and
sun,and lacks seating areas for pedestrian refuge, 3)the required floor area ratio(FAR)is required to be.50 and.32 is proposed,
and 4)site circulation could be an issue with the proposed median extension. Ms.Gunter concluded her presentation and
requested the Commission discuss these issues during their deliberations.
Questions of Staff
Staff was asked for examples of how the applicant might achieve the.50 FAR requirement. Ms.Gunter stated a number of
scenarios were discussed with the applicant, including: 1)adjusting the lot line to reduce the size of the lot,and therefore increase
the building's FAR; however this does not conform with the intent of the code,2)the applicants could increase the size of the lot in
order to become eligible for the shadow plan provision,or 3)the applicants could add a second story;however they have indicated
this is a financial burden they cannot afford.
Ashland Planning Commission
April 10, 2072
Page 2 of
Commissioner Marsh stated this shopping center makes up a large portion of the pedestrian places overlay,and slated she is
interested to know how Summit Investments will incorporate the larger area and look in a comprehensive way about reaching the
desired density for this area. :
Staff clarified the Tree Commission reviewed this application and recommended it be approved as submitted,however they had a
long discussion about the placement of the street tree wells and suggested a more columnar tree be used.Commissioner Dawkins
commented on the Tree Commission's recommendation and noted the importance of maintaining adequate site lines along Ashland
Street.
Applicant's Presentation
Mark Knox, Laurie Sager, Dave Thurston/Mr. Knox addressed the Commission and commented on the area and the dilapidated
project site. He explained the proposed building will be built to accommodate a number of uses over many years, and this
application will have a positive impact on the streetscape. He stated the current building has a.12 FAR,and the proposed building
will have a .28 FAR;however if a second story is added in the future this will bring the FAR up to .40,and with the unaccounted for
semi-plaza spaces this development could reach a .499 FAR. Mr. Knox stated there is no way to reach the.50 FAR without moving
lot lines,and stated doing so would not achieve the intent of the code. He explained a second story would add$500,000 to the
project cost,and the applicant cannot afford to do this; however they can design the building to withstand a second story addition
and this could be added in the future when the economy and environment is right.Mr. Knox spoke to the plaza amenities and noted
they have submitted a revised plan that responds to staffs concerns.He stated Summit Investments is comprised of 37 different
owners,many of whom do not live in Ashland,and it has been difficult to reach a consensus; however they are slowly making
improvements to this site and they believe this development will have a positive effect on the area.
Mr. Knox clarified where additional outdoor lighting would be located, and comment was made that this would go a long way to
protect the existing fire hydrant. Commissioner Mindlin questioned the transportation elements including the parking situation and
site circulation. She raised issue with how the parking for a future second story addition would be addressed and asked if a formal
count has been provided to show that Shop N Kart has excess parking available to this development. She also indicated that the
circulation plan is somewhat confusing.Commissioner Dawkins commented on the site circulation as well, and requested an
easement be obtained to provide a connection from this shopping center over to tax lot 300.Commissioner Marsh commented that
it is clear this area warrants a master plan and would like to know how they will move towards the higher FAR and achieve the
desired urban design.
Public Testimony
Colin Swales/143 Eighth Street/Slated the major stakeholders of the Pedestrian Places project met with staff prior to these
standards being adopted,and would like to see the first development under these standards better comply. He stated the Findings
provided by the applicant are written to be"LUBA proof'and recommended staff go through these with a fine tooth comb. He
questioned the footnote on page 6,and also questioned if the applicants are interpreting pedestrian places to mean that because
the proposed building is only slightly bigger than the existing building,they only need to comply proportionally. Mr. Swales stated
this development will set precedence for the actions that follow and recommended the Commission follow staffs recommendation
and leave the record open to obtain additional written evidence.
When asked for clarification by Commissioner Marsh, Mr. Swales stated he is formally requesting the record be kept open.
Steve Reed/Stated he is the owner of Shop N Kart and has leased his property from Summit Investments for the last 24 years. He
mentioned the David Grubbs incident and stated it is important to him to have the entrance lighted and the shopping center's
ambiance improved, and welcomed the development and enhancements proposed by the applicant.
Commissioner Marsh noted the letter submitted into the record from Talent Irrigation District and read aloud the email submitted by
Chris Much.
Rebuttal
Mark Knoxlln response to Mr.Swales'concern,he clarified they are not suggesting a proportional expansion,and rather are taking
a.12 FAR building and putting a .28 FAR building with all kinds of expansion opportunities in its place. He added the application
Ashland Pianning Commission
April?0, 2012
Pace 3 of 4
has changed quite a bit since the original CSA Findings were created and clarified the footnote on page 6 was referring to the old
FAR standard that moved to the Site Design 8 Use Standards.
Questions of Staff
Commissioner Marsh slated they will honor the request to leave the record open and asked the commissioners to submit any final
questions.
Ms. Gunter commented briefly on the Findings prepared by CSA and clarified in other communities it is common for the applicant to
provide the Findings that are later adopted by the commission. She clarified in Ashland,however,staff writes their own findings and
the applicant's document is treated as their burden of proof.
The following questions and concerns were raised by the Commission:
• Regarding the FAR,comment was made that the commission is being asked to make an exception that is pushing the
envelope.
• Suggestion was made for the FAR of the functional area to be provided.
• Suggestion was made for staff to craft language that would link this application to an overall master plan for the site,and
with any applications that come forward in the future.
• Comment was made expressing concern with the transportation components of this application.
Mr. Molnar clarified the commission can continue this action to a date certain and take public input at the next meeting;or they can
close the public hearing, but keep the record open to written comments for 7 days and allow the applicants an additional 7 days for
written argument.Commissioner Marsh surveyed the group and they agreed to close the hearing,allow additional time for written
submittals as indicated,and come back for deliberations on May 8,2012.
ADJOURNMENT
Meeting adjourned at 9:20 p.m.
Respectfully submitted,
April Lucas, Administrative Supervisor
Ashland Planning Commission
April 10. 2012
Page 4 of 4
CITY OF
ASHLAND
Council Communication
May 15, 2012 — Business Meeting
Liquor License Application
FROM:
Barbara Christensen, City Recorder, christebQaashland.or.us
SUMMARY
Approval of Liquor License Application from Brad Boucher dba Sauce at 1640 Ashland Street.
BACKGROUND AND POLICY IMPLICATIONS:
Application is for a change of ownership.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
SUGGESTED MOTION:
Motion to approve liquor license for Brad Boucher dba Sauce at 1640 Ashland Street.
ATTACHMENTS:
None
Page 1 of 1
CITY OF
ASHLAND
Council Communication
May 15, 2012 — Business Meeting
Appointment to Airport Commission
FROM:
Barbara Christensen, City Recorder, christeb n ashland.or.us
SUMMARY
Confirmation of the Mayor's appointment of Nicole Doran to the Airport Commission with a term to
expire April 30, 2015.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Airport Commission on
application received. Ashland Municipal Code (AMC) Chapter 2.17.020
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
None
SUGGESTED MOTION:
I move to approve appointment of Nicole Doran to the Airport Commission with a term to expire April
30, 2015.
ATTACHMENTS:
Application received
Page 1 of I
�r,
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall,20 E Main Street,or email dvistebQmh1wd.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary. q
Name N:lGf101e_ --Ct J
Requesting to serve on: P\4t/44-o �tAY ( (Commiisssiio Jommittee) Q
Address /V /�aur"-,,Y �rZ A!a kkkiA � `�S�7
n � ,
Occupation nexVYltvti .c�ltJa /�GV Phone: Home G W
Work _ t{( Ssz !16
Email tri4tY-, � , f73j'�) Yv&X Cam'
Fax
1. Education Background (�
What schools have you attended? RC AI LO CFYVI m Cam,(Le sC)U
What degrees do you hold? / EO, d 14'Ys tl-', t�YOj V
What additional training or education have you had that would apply to this posi fL'o ? c
tr U o IC D?'l t r2 h O rl —QV-OTr t- B OarfX Dr
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?t_ 1^ r- .f sl t, 4�-Pb1ri;G,,. at 145hta-'td �tf1 Y •
lqd wl arl ls�-fi v� Ma elAger, Ll /Pars -ene�60-
w/ Pro"oe'N' t?ha rf o u h fs o uct+ kAsl hgs
rLPn f�
Do you feel it would be advantageous for you to have far tra' mg m is feel suc
as attending conferences or seminars?Why? �Q/.br-7jAhl1� Y
r'r�tlhl�t is a �w c �vted as �e ` t 6LIkA /S
3. Interests _'/ L_
Why are you applying for t '—this position? i(rA >1(�—L t�..e.2/,[, l L-la j d
7Y 2s G II/eRG7 U C� 1�q 'L�Yt LVY1[IS! 6Y�
!/►'Le.P�II-tm� •. tlf�-P_r� 1�,-�CV�°S�
4. Availability
Are you available to attend special meetings,in addition to the re larly scheduled
meetings? Do you prefer day or evening meetings? F4D- t"I
5. Additional Information r '
How long have you lived in this community?
Please use the space below to summarize any additional qualifications you have for this
position
.�-- kC V<- a 4k*Lded `ftn.s.e o,-.e b I1a,
4pc-.54 yeAv- in- 50. .LGx 1-1-9-
pA S J— kzk Vz S a t n, no 1 , /DTvo'I-r T
boa rzr.S . e4cpLKLejag ki,r Iz e
• S CLIS0 worV, Q.0 0. �NSIk�<� foci
6 wd 11.2ti"e
4�1Q Ian gamin .e. . ( . 'r.I�I Q !✓N ,JVOVe�-4r _
3( Z-zl/ --
Date Signature
�r,
CITY OF
-ASHLAND
Council Communication
May 15, 2012 — Business Meeting
Special Procurement — Computer Programmers for WTP and WWTP
FROM
Greg Hunter, Water Treatment Plant Supervisor, rg_eg.hunteraashland.onus
David Gies, Waste Water Treatment Plant Supervisor, david.aiesnashland.or.us
SUMMARY
Staff is seeking approval of a special procurement, exemption from competitive bidding, to directly
award public contracts to the computer programmers who have done recurring, emergency and as
needed work on the complex systems at both the Water Treatment Plant (WTP) and Waste Water
Treatment Plant (WWTP). The amount budgeted annually for these services is $15,000.
These computer programmers have been providing these services to the City for many years. Quality
Systems Integration has worked on the City's WWTP SCADA system and has extensive knowledge
and experience with how this unique and sensitive the system works. Industrial Systems Inc. has
extensive knowledge and experience working on the unique and sensitive WTP systems.
Staff recommends having the flexibility to directly award contracts for these highly specialized
computer programming services in order to ensure the systems continually operate (24/7) in a manner
that meets or exceeds the system requirements.
BACKGROUND AND POLICY IMPLICATIONS:
A Special Procurement is used for the purpose of seeking an exemption from the competitive bid
process, custom designing a contracting approach, or the direct selection or award of a public contract
or for a series of contracts. The attached and completed Special Procurement, Approval Request Form,
is attached for your review and consideration.
AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or
Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model
Rules except for the following:
G. Special Procurements — a public contract for a class special procurement, a contract specific
procurement or both, based upon a contracting procedure that differs from procedures
described in ORS 27913.055, 27913.060, 279B.065, 27913.070. The contracting approach may be
custom designed to meet the procurement needs.
1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other
applicable provisions of law.
Page 1 of 2
Imo,
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
Funds are budgeted each fiscal year for computer programming services required at each of the plants.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the "Class Special Procurement' be approved.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve (or decline) the "Class
Special Procurement'.
ATTACHMENTS:
Form #9, Special Procurement, Request for Approval
Page 2 of 2
IA,
CITY OF
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Alike Naught, Department Head
Date: Mal; 15, 2012
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Waste Water Treatment Plant and Drinking Water Treatment Plant
2. Department Contact Name: WWTP-David Gies,WTP-Greg Hunter
3. Type of Request: X Class Special Procurement Contract-specific Special Procurement
4. Time Period Requested: From Upon approval To: June 30,2016
5. Total Estimated Cost: WWTP—Currently$90.00/Hour,Budget estimate$5,000.00 per fiscal year
WTP—Currently$120.00/Hour,Budget estimate$10.000.00 per fiscal year
*Note: Actual cost will be dependent on actual support needs and requirements.*
6. Short title of the Procurement: Computer Programmer
Supplies and/or Services or class of Supplies and/or Services to be acquired:
The services of a highly skilled, specialized and technical computer programmer are required by both
the WWTP and WTP to provide computer programming, troubleshooting,and repair services.
These services are currently provided by Quality Systems Integration for the WWTP and Industrial
Systems Inc. for the WTP. These services are required at the WWTP to support the SCADA
(Supervisory Control and Data Acquisition)system which is a very unique and complicated system
that controls most of the WWTP.The services are also required at the WTP to support the
Wonderware Software Programming and SCADA systems which control most of the WTP.The
intended services will be utilized for recurring, emergency and/or on an as needed basis to support the
complex systems at both the WWTP and WTP.
Form#9-Special Procurement-Request for Approval,Page 1 of 4,5/9/2012
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may,but is not required to, also include the
following types of documents:Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background: Direct Award
Note: The"Contract-specific Special Procurement"processed for the WWTP and approved by
Council on October 9,2009 is due to expire June 30,2012. This"Contract-specific Special
Procurement"allowed the WWTP to directly award public contracts for computer programming
services to "one"specific computer programmer which is/was Quality Systems Integration.
Proposed procedure: Direct Award
Note: If approved, this"Class-Special Procurement"will allow public contracts to be directly
awarded for highly specialized computer programming services required at both plants(WWTP an d
WTP)for a term of three(3)years.
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
Currently, these highly specialized computer programming services are being provided by computer
programmers that each have a long history with the City. Quality Systems Integration has been
working on the City's WWTP SCADA system for many years and has extensive knowledge and
experience with how this unique and sensitive system works. Industrial Systems Inc. has 17 years of
extensive knowledge and experience working on the unique and sensitive WTP systems.
Another reason that supports the need for this level of service is if the systems were to go off-line.
Going off-line could mean the plant will not run, pumps might not go on and off, excessive water
could run into the creek,or another issue and/or problem could occur. Any one of these issues and/or
problems could cause the plant not to meet the permit limits and therefore could result in costly fines
to the City. Therefore, it is imperative that a potential issue and/or problem receive immediate
attention and be resolved in a manner that will keep the WWTP and WTP operating in a manner that
meets and/or exceeds the requirements of any and all associated permits.
The additional cost and labor associated with locating and/or training another potential individual
and/or firm could be costly with no guarantee that the services to be provided would meet and/or
exceed the current level of services being provided.
Staff highly recommends having the flexibility to directly award contracts for these highly specialized
computer programming services in order to ensure the systems continually operate(24/7) in a manner
that meets or exceeds the system requirements.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
Form#9-Special Procurement-Request for Approval,Page 2 of 4,5/9/2012
X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
Due to the highly specialized and technical nature of the computer programming services and their
required 24/7 availability for both the W WTP and WTP,it is highly unlikely that there will be any
concern regarding favoritism or diminished competition. Another reason being is that if either the
WWTP or WTP is contacted by another highly specialized and qualified computer programmer
seeking to do business with the City,they too will be considered to perform these services.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);and
X (b)(i)will result in substantial cost savings to the contracting agency or to the public
because:
The additional cost and labor associated with locating and/or training a potential individual and/or firm
to provide these services could be costly with no guarantee that the services to be provided would meet
and/or exceed the current level of services being provided.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or
X (b)(ii)will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 27913.055,279B.060, 27913.065,
or 27913.070,or any rules adopted thereunder because:
It is imperative that the City maintain these systems 24/7 in a manner that meets and/or exceeds the
system and permit requirements specific to each of the plants. Therefore, it is most definitely in the
City's best interest to contract with highly specialized and technical computer programmers to provide
these services and assist the City in maintaining continued operations.
(Please provide specific information that demomstmtes how the proposed Special Procurement meets this requirement.)
Form#9-Special Procurement—Request for Approval,Page 3 of 4,519/2012
Public Notice:
Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300.The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven(7)Days before Award of the Contract.
After the Special Procurement has been approved by the City Council,the following public notice will
be posted on the City's website to allow for the seven (7)day protest period.
Date Public Notice first appeared on w-ww.ashland.or.us-11fapprover!. May 16 20121
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: [f approved May 16, 2012]
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board,on[lfapproved, May 15,
2012].
[This °Class,'j)ecial Procurement"ivas processed to seek an exemption front the
competitive hid process to directly auvrd public contracts for computer programming
services utilized fbr recurring, emergency and or on an as needed basis to support the
complex systems at both the fYf4''7P cad HIM It is imperative that these systems
continually operate in a manner that meets andlor exceeds the requirements of any and all
associated permits.)
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 27913.055, 279B.060,
279B.065,or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland,[Enter department name. Contact
name, and complete address]. The seven (7)protest period will expire at 5:00pm on
[Fnter dale-seven calendar days from first duce of publication]
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Form#9-Special Procurement-Request for Approval,Page 4 of 4,519/2012
CITY OF
ASHLAND
Council Communication
May 15, 2012 Business Meeting
Approval of MOU between Ashland Community Hospital and Ashland Police
Department to coordinate and facilitate cooperation between the parties for mental
health hold transports.
FROM:
Terry Holderness, Police Chief, holdernet @ashland.or.us
SUMMARY
Ashland Community Hospital has been approved as a mental health holding facility. This is a
memorandum of understanding (a non-binding agreement) under which Ashland Community Hospital
will provide services to individuals taken into custody by the Ashland Police Department on a "mental
health hold." All mental health holds would otherwise go to Rogue Valley Medical center in Medford.
BACKGROUND AND POLICY IMPLICATIONS:
Ashland Community Hospital (ACH) representatives have asked the Police Department to enter into
an agreement regarding services they will be providing for mental health holds. ACH has been
approved as a holding hospital and can accept a limited amount of people taken into protective custody
on a mental health hold for up to twelve (12) hours. Ashland has never had this resource and officers
have always had to transport subjects taken into protective custody on a mental health hold to "2
North" located at Rogue Valley Medical Center in Medford. This is a positive resource for the city of
Ashland as it will decrease the amount of time it takes officers to transport a subject on a mental health
hold. This facility provides our citizens in need of immediate mental health services a local resource.
The police department's role in the agreement is to be responsible for transports to Medford if an APD
officer is available for the transport. The transports would occur in the event ACH is at full capacity
with mental health holds or a subject has maximized the 12 hour time limit and needs additional
service; they would be transported to 2 North in Medford.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council accept the MOU between the Ashland Hospital and Ashland Police.
SUGGESTED MOTION:
Move to approve the MOU between the Ashland Hospital and the Ashland Police.
ATTACHMENTS:
MOU
Page I of 1
�r,
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding("MOU") is made between Ashland Community Healthcare Services, Inc.
dba Ashland Community Hospital ("ACH") and the Ashland, Oregon Police Department ("APD").
Section 1. Effect of MOU
This MOU is non-binding and is intended only to coordinate and facilitate cooperation between the parties to
advance the actions described herein. This MOU is not intended to and does not create a contract or any right or benefit,
procedural or substantive, enforceable at law or equity by or against either party. This MOU will not be construed to
create a partnership,joint venture or employment relationship between ACH and APD. No employee or agent of APD
will represent himself/herself to be an employee or agent of ACH or enter into any agreement on ACH's behalf or in
ACH's name. APD will retain full control over the manner in which the services contemplated herein are carried out and
APD's employees and agents will not be entitled to workers' compensation, retirement, insurance or other benefits
afforded to employees of ACH.
Section 2. Services
The parties will use their best efforts in working collaboratively and in good faith to effectuate the services
described in Exhibit A ("Services") in accordance with the terms and conditions of this MOU. APD will perform
Services in a professional manner in compliance with all applicable laws and regulations and all standards and rules
reasonable established by ACH from time to time.
Section 3. Term and Termination
This MOU will be effective for a period of one year beginning January 1, 2012 unless earlier terminated by
mutual consent of both parties or at any time by either party with thirty(30) days written notice.
Section 4. Compliance With Laws
APD will comply with all federal,,state and local laws, ordinances, regulations and orders with respect to its
performance of Services.
Section 5. No Conflicting Obligations
5.1 Other Agreements. APD's performance of this MOU will not violate any other employment,
nondisclosure, confidentiality, consulting or other agreements or commitments to which APD is a party or
by which APD may be bound.
5.2 Confidential Information. Except when Oregon Public Records Law,ORS Chapter 192,provide
otherwise, APD will maintain the confidentiality of any confidential proprietary information provided to
or obtained by APD in performing Services under this MOU. If APD as a result of the work it is
performing under this MOU obtains information that ACH has in the past or is presently in violation of
any federal, state or local law, regulation or order APD will promptly notify ACH and shall not otherwise
use or disclose such information except as provided herein.
5.3 APD will not use, in the performance of Services or creation of any Proprietary Materials, or disclose to
ACH any confidential or proprietary information of any other person if such use or disclosure would
violate any obligation or duty that APD owes to such person. APD's compliance with this Section will
not prohibit, restrict or impair APD's performance of Services and its other obligations and duties to
ACH.
Section 6. Notices
When required by terms of this MOU, the parties will give notice by personal delivery or by Certified Mail,return
receipt requested, postage prepaid or by generally recognized electronic service to the following addresses:
To ACH: Ashland Community Hospital
Chief Nursing Officer
280 Maple Street
Ashland, OR 97520
To APD: Ashland Police Department
1155 East'Main Street
Ashland, OR 97520
Section 7. Confidentiality of Patient Records
APD will hold all individually identifiable patient health information ("Protected Health Information") that may
be shared, transferred, transmitted or otherwise obtained pursuant to this MOU strictly confidential, and provide all
reasonable protections to prevent the unauthorized use or disclosure of such information, including but not limited to the
protection afforded by applicable federal, state and local laws and/or regulations regarding the security and the
confidentiality of patient health care information. APD will make every reasonable effort to comply with any regulations,
standards or rules promulgated pursuant to the authority of the Health Insurance Portability and Accountability Act of
1996 ("HIPAA"), including those provisions listed below. The APD may use and disclose Protected Health Information
when necessary for APD's proper management and administration (if such use of disclosure is necessary)or to carry out
APD's role under this MOU. Specifically, APD will (1)maintain safeguards as necessary to ensure that the Protected
Health Information is not used or disclosed except as provided herein; (2)mitigate, if possible, any harmful effect known
to APD of a use or disclosure of Protected Health Information by APD; (3) ensure that any subcontractors or agents to
whom it provides ACH's Protected Health Information will agree to the same restrictions and conditions that apply with
respect to such information; (4)make available respective internal practices,books and records relating to the use and
disclosure of V received from ACH to the Department of Health and Human Services or its agents; (5) incorporate any
amendments or corrections to V when notified by ACH that the information is inaccurate or incomplete; (6) return or
destroy all Protected Health Information received from ACH that APD still maintains in any form and not retain any such
Protected Health Information in any form upon termination or expiration of this MOU, if feasible or, if not feasible, APD
agrees to limit any uses of ACH Protected Health Information after this MOU's termination or expiration to those specific
uses or disclosures that make it necessary for APD to retain the information; (7) ensure applicable policies are in place for
providing the Protected Health Information to ACH to satisfy an individual's request to access their information; (8)
report to ACH any use or disclosure of Protected Health Information which is not provided for in the MOU; and (9)make
Protected Health Information available to ACH as requested to provide an accounting of disclosures to an individual who
is the subject of the information,to the extent required by HIPAA.
Ashland Community Healthcare Services, Inc. Ashland Police Department
dba Ashland Community Hospital Ashland, Oregon
By: By:
[PRINT Name&Tidel [PRINT Name&Title)
Date: Date:
EXHIBIT"A"
SERVICES
1. A physician taking a person into custody pursuant to ORS 426.23 at Ashland Community Hospital ("ACH") approved
under OAR 309-033-0550, for the purpose of transport to an approved holding hospital or non-hospital facility, shall
detain the person for no more than twelve(12) hours and during that time shall:
a)Authorize the person for transportation to an approved hospital and provide transportation according to the
agreement required under OAR 309-033-0550; or
b)Release the person, if the physician determines that the person no longer is dangerous to self or others.
2. The Jackson County Mental Health Services Director may direct, pursuant to the provisions of ORS 426.233(1),
Ashland, Oregon Police Department ("APD") or an approved secure transport provider to take into custody a person who
is dangerous to self or others and in need of immediate care, custody or treatment for mental illness. APD may take a
patient to ACH or Rogue Valley Medical Center as directed by Jackson County Mental Health.
3. When transferring a person in custody to an authorized person, the peace officer shall deliver the Physician Order: 12-
Hour Hold/involuntary Transport Form required to the authorized person.
4. Transportation to a hospital or non-hospital facility: The peace officer or approved secure transport provider shall
obtain a Physician-Certified EMTALA Form from a physician prior to transporting the person if the person's condition, in
the opinion of the physician,meets all of the following requirements:
a)The travel will not be detrimental to the person's physical health;
b) The person is dangerous to self or others; and
c)The person is in need of immediate care or treatment for mental illness.
5. APD will be responsible for transports to Medford if an APD officer is available for the transport. ACH will be
responsible for arranging transports beyond Medford or in situations where APD does not have an officer available.
6. ACH and APD will each appoint an acute care liaison to resolve difficulties, facilitate positive communication and
improve procedures for access to and collaboration of care.
7. Given the requirement to notify the receiving hospital of inter-hospital transfer, it is expected that arrangements will be
in place for prompt acceptance of the patient, such that APD are not unduly delayed awaiting medical processing.
h
r
CITY OF
ASHLAND
Council Communication
May 15, 2012 Business Meeting
Contract for Legal Services for Douglas M. McGeary
FROM:
David H. Lohman, City Attorney, lohmand @ashland.us.or
SUMMARY
Approval of this proposed contract with private attorney Douglas M. McGeary would allow the City
Attorney's office to expend up to $120,000 for Mr. McGeary's part-time services for the last two
months of the 2011-2012 fiscal year and much of fiscal year 2012-2013. This amount would be less
than the total amount that otherwise would be expended for a full time junior attorney to fill the
existing vacant Assistant City Attorney position. Approval of this personal services contract will
eliminate repeated return requests for amendments to his contract.
BACKGROUND AND POLICY IMPLICATIONS:
The City Attorney's office has utilized Mr. McGeary as a part-time contract attorney since January
2011. Mr. McGeary's background as Assistant County Counsel and Assistant District Attorney has
been instrumental in efficiently handling municipal court criminal cases and various city contracts
and compliance issues. Mr. McGeary's familiarity with criminal law procedures has been especially
helpful in working with Municipal Court to streamline proceedings and in developing legally sound
code provisions and enforcement procedures concerning inappropriate conduct within the City. The
funding for this contract would come from the Legal Department's personal services budget for the
vacant position of Assistant City Attorney. Mr. McGeary's relevant experience makes him able to
make efficient use of the approximately 20 hours a week he is available for legal work for the City.
That efficiency, combined with the discounted hourly rate he has agreed to charge for this work,
makes utilizing Mr. McGeary a cost-effective means for accomplishing some of responsibilities of
the City Attorney's office. The City Attorney anticipates discontinuing this contract and, instead,
filling the Assistant City Attorney position at the point in the future when that appears to be the most
cost-effective way to get the work done with the quality required.
AMC 2.50.120.A.1 —provides an exemption for a personal services contract for attorney services:
"Personal service contracts for legal counsel, legal services, expert witnesses, court-appointed
attorneys, stenographers and other legal services are exempt from the competitive procurement
requirements of this section and may be entered into based upon the judgment of the City
Attorney. The City Attorney shall obtain City Council approval of any expenditure for legal
services paid to a single legal services provider that is expected to exceed $50,000 prior to
entering into the contract. In addition, except for legal counsel hired by the City to provide
legal services to indigent criminal defendants prosecuted by the City, the City Attorney shall
select and retain all outside legal counsel hired by the City subject to the approval of the City
Council."
Pagel of 2
�r,
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
Pursuant to calculations since January, 2011, it has determined the Legal Department has saved the
City approximately $70,000 in benefits since the inception of Mr. McGeary's part-time employment.
The City Attorney's Office is requesting approval of a contract for $20,000, for the balance of the
2011-2012 fiscal year, and an additional $100,000 for the 2012-2013 fiscal year to provide
additional legal services.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff requests Council approve the legal services contract with Douglas M. McGeary through fiscal
year 2012-2013, in an amount not to exceed $120,000.
SUGGESTED MOTION:
1 move to approve the Legal Services Contract of Douglas M. McGeary through fiscal year 2012-2013,
not to exceed $120,000.
ATTACHMENTS:
Legal Services Contract for Douglas McGeary
Page 2 of 2
�`,
PERSONAL SERVICES CONTRACT Contractor's completed performance has been accepted by City,
whichever event occurs first. However, such expiration shall not
This contract is between City of Ashland, a political subdivision of the extinguish or prejudice City's right to enforce this contract with respect to:
State of Oregon, hereinafter called "City", and Contractor hereinafter (a) any breach of a Contractor warranty; or (b) any default or defect in
called"Contractor". The parties agree as follows: Contractor's performance that has not been cured.
1. Contractor's information: 5. Contract Documents: This contract between the parties consists of
this Personal Services Contract, Scope of Work (Exhibit A), General
NAME(tax filing): Douglas M.McGeary,Attorney at Law Conditions (Exhibit B) Compliance with Applicable Laws (Exhibit C)
and the following attached documents, if checked, which contain all the
ADDRESS: 2 N.Oakdale Ave, Medford,OR 97501 terms and conditions of the contract and are incorporated by this reference:
doug @douglasmmegeary.com Exhibit D Supplementary Conditions
CITIZENSHIP,if applicable: Exhibit E Required Federal Terms and Conditions
Non-resident alien Yes X No
6. Amendments: The terms of this contract shall not be waived,altered,
BUSINESS DESIGNATION (check one): modified,supplemented or amended,in any manner whatsoever,except by
Corporati on G cneral Partnership written instrument signed by the parties.
Li mited Partnership Gov emmental/Non-Profit
Li mired Liability Company Li mited Liability Partnership IN WITNESS WHEREOF, THE PARTIES OR THEIR DULY
X Sole Proprietorship AUTHORIZED REPRESENTATIVES HAVE SIGNED THIS
CONTRACT:
Federal Tax ID#: 26-1417718
SSN#: N/A Contractor Douglas M. McGeary (Date)
emintr elor most provide Contractor's Social Security Number unless it provides a Wc,ml TID numbs).
Title: Attorney at Law
Oregon Business License#: N/A
City of Ashland City Manager (Date)
CERTIFICATIONS/REPRESENTATIONS: Contractor, under
penalty of perjury, certifies that (a)the number shown on this form is its
correct taxpayer ID (or is waiting for the number to be issued to it and
2. Description of Contractor's Services, Delivery Schedule and (b)Contractor is not subject to backup withholding because(i)it is exempt
Compenstation: Exhibit A Scope of Work from backup withholding or (ii)it has not been notified by the Internal
Revenue Service(IRS) that it is subject to backup withholding as a result
3. Compensation by City: Payment for all work performed under this of a failure to report all interest or dividends,or(iii)the IRS has notified it
contract shall be made as set forth below from available and authorized that it is no longer subject to backup withholding. Contractor further
City funds, and shall not exceed the maximum sum of Payment for all represents and warrants to City that (a) it has the power and authority to
work performed under this contract shall not exceed the maximum sum of: enter into and perform the work, (b) the Contract, when executed and
See Exhibit A. Travel and other expenses of the Contractor shall not be delivered, shall be a valid and binding obligation of Contractor
reimbursed by City unless specifically provided herein as a supplementary enforceable in accordance with its terms,(c) the work under the Contract
condition. shall be performed in accordance with the highest professional standards,
a. Interim payments shall be made to Contractor following City's and(d)Contractor is qualified,professionally competent and duly licensed
review and approval of billings submitted by Contractor. Contractor will to perform the work. Contractor also certifies under penalty of perjury
also submit copies of other billings for work performed under the contract that its business is not in violation of any Oregon tax laws, and it is a
when such bills are to be paid by other parties. These other billings are corporation authorized to act on behalf of the entity designated above and
not subject to the maximum compensation amount of this contract. authorized to do business in Oregon or is an independent contractor as
b. Contractor shall not submit billings for, and City will not pay, any defined in the contract documents, and has checked four or more of the
amount in excess of the maximum compensation amount of this contract, following critena:
including any travel and other expense when noted below. If the X (I) I carry out the labor or services at a location separate from my
maximum compensation amount is increased by amendment of this residence or is in a specific portion of my residence, set aside as the
contract, the amendment must be fully effective before Contractor location of the business.
performs work subject to the amendment. Contractor shall notify City's X (2) Commercial advertising or business cards or a trade
supervising representative in writing 30 calendar days before this contract association
expires of the upcoming expiration of the contract. No payment will be membership are purchased for the business.
made for any services performed before the beginning date or after the X (3) Telephone listing is used for the business separate from the
expiration date of this contract. This contract will not be amended after personal residence listing.
the expiration date. X (4) Labor or services are performed only pursuant to written
C. Contractor shall submit bi-weekly billings for work performed. The contracts.
billings shall describe all work performed with particularity,by whom and X (5) Labor or services are performed for two or more different
on the dale it was performed, the number of hours spent performing such persons within a period of one year.
work,and shall itemize and explain all expenses for which reimbursement X (6) 1 assume financial responsibility for defective workmanship or
is claimed. Billings shall be sent to the supervising representative. for service not provided as evidenced by the ownership of performance
bonds, warranties, errors and omission insurance or liability insurance
4. Effective Date and Duration: This Contract shall become effective relating to the labor or services to be provided.
on duration from May 11, 2010 or the date this Contract is fully executed
and approved as required by applicable law. Unless earlier terminated or
extended, this contract shall expire on No Specified Date, or when Contractor (Date)
Exhibit A SCOPE OF WORK
Description of Contractor's Services, Delivery D. Attendance at any City Council meetings, and
Schedule and Consideration: other meetings as necessary.
$95.00/hour, no retainer.
Provide legal advice and/or services in areas of
municipal law to assigned city departments, and E. Monitor pending and current State and
mayor and city council. Federal legislation and case law as appropriate.
Rate: No charge.
A. Review, charge and prosecute municipal Travel is charged at $30/hour for any travel exceeding
criminal and code violations. one half hour and is charged in lieu of standard legal
services rate.
$95.00/hour, no retainer.
After six month from effective date of contract,
B. Routine legal advice, consultation and Contractor reserves opportunity to adjust its rates.
opinions of the City Council and staff;
Hours:
$95.00/hour, no retainer.
' Contractor's hours shall not exceed twenty (20) hours a
C. Assistance in the preparation and review of Week unless first notifying city or interim city attorney
ordinances, resolutions, agreements, contracts and and additional time is approved.
related documents:
$95.00/hour, no retainer. Total Contract not to exceed $120,000.00
Exhibit B GENERAL CONDITIONS appropriate for purchase under this contract or are no longer eligible for
the funding proposed for payments authorized by this contract;or
1. Independent Contractor; Responsibility for Taxes and iii. If any license or certificate required bylaw or regulation to he held by
Withholding; Retirement System Status: Contractor to provide the services required by this contract is for any
a. Contractor shall perform the work required by this contract as an reason denied,revoked,suspended,or not renewed.
independent contractor. Although the City reserves the right (i) to d. For Default or Breach.
determine (and modify) the delivery schedule for the work to be i. Either City or Contractor may terminate this contract in the event of a
performed and (ii) to evaluate the quality of the completed performance, breach of the contract by the other. Prior to such termination the party
the City cannot and will not control the means or manner of the seeking termination shall give to the other party written notice of the
Contractor's performance. The Contractor is responsible for determining breach and intent to terminate. If the party committing the breach has not
the appropriate means and manner of performing the work. entirely cured the breach within 15 days of the date of the notice,or within
b. The Contractor represents and warrants that Contractor (i) is not an such other period as the party giving the notice may authorize or require,
employee of City of Ashland, Oregon, (it) is not currently employed by then the contract may be terminated at any time thereafter by a written
the Federal Government, and (iii)meets the specific independent notice of termination by the party giving notice.
contractor standards of ORS 670.600, as certified on the foregoing ii. Time is of the essence for Contractor's performance of each and
Certification Statement for Corporation or Independent Contractor. every obligation and duty under this contract. City, by written notice to
Contractor is not an`officer","employee",or"agent'of the City,as those Contractor of default or breach, may at any time terminate the whole or
terms are used in ORS 30.265. any part of this contract if Contractor fails to provide services called for by
C. Contractor shall be responsible for all federal or state taxes this contract within the time specified herein or in any extension thereof.
applicable to any compensation or payments paid to Contractor under this iii. The rights and remedies of City provided in this subsection d are not
contract and,unless Contractor is subject to backup withholding,City wi// exclusive and are in addition to any other rights and remedies provided by
not withhold from such compensation or payments any amounts(s) to law or under this contract.
cover Contractor's federal or state tax obligations. Contractor is not C. Oblieation/Liability of Parties. Termination or modification of this
eligible for any federal Social Security, unemployment insurance, or contract pursuant to subsections a,b or c above shall be without prejudice
workers' compensation benefits from compensation or payments paid to to any obligations or liabilities of either party already accrued prior to such
Contractor under this contract,except as a self-employed individual. termination or modification. However, upon receiving a notice of
termination (regardless whether such notice is given pursuant to
2. Subcontracts and Assignment: Contractor shall not enter into any subsections a,b,c or d of this section 6 Contractor shall immediately cease
subcontracts for any of the Work required by this Contract or assign or all activities under this contract, unless expressly directed otherwise by
transfer any of its interest in this Contract without City's prior written City in the notice of termination. Further, upon termination, Contractor
consent. Any proposed use of a subcontractor which is located outside the shall deliver to City all contract documents, information, works-in-
United States or use of subcontract labor or facilities located outside the progress and other property that are or would be deliverables had the
United States must be called to the specific attention of City. City's contract been completed. City shall pay Contractor for work performed
consent to any subcontract shall not relieve Contractor of any of its duties prior to the termination date if such work was performed in accordance
or obligations under this Contract. with the Contract.
3. Successors and Assigns: Neither party shall subcontract, assign or 7. Records Maintenance; Access; Ownership of Work Product;
transfer its interest in this Contract without the express written consent of License:
the other party, and such consent shall not be unreasonably withheld. In a. Records Maintenance; Access. Contractor shall maintain records
addition to any other provisions,Contractor shall include in any permitted pertinent to this contract in such a manner as to clearly document
subcontract under this Contract a requirement that the subcontractor be Contractor's performance hereunder. Contractor acknowledges and agrees
bound to the same provisions herein as if the subcontractor were the that City and its duly authorized representatives shall have access to such
Contractor.The provisions of this Contract shall be binding upon and shall fiscal records and to all other books, documents, electronic files, papers,
inure to the benefit of the parties hereto, and their respective successors plans and writings of Contractor that are pertinent to this contract for the
and assigns. Consent of City given to a subcontractor does not relieve the purpose of performing examinations and audits, and making excerpts and
Contractor of any obligations and responsibilities under this Contract, transcripts. Contractor further acknowledges records generated as a result
including Contractor's responsibility for any goods and services to be of this Contract may be subject to disclosure pursuant to the Oregon Public
provided by any subcontractor. Records Act.
b. Ownership of Work Produa License. All work products of the
4. No Third Party Beneficiaries: City and Contractor are the only Contractor that result from this contract ("the work products") are the
parties to this contract and are the only parties entitled to enforce its terms. exclusive property of the City. In addition, if any of the work products
Nothing in this contract gives,is intended to give,or shall be construed to contain intellectual property of the Contractor that is or could be protected
give or provide, any benefit or right, whether directly, indirectly or by federal copyright, patent, or trademark laws, or state trade secret laws,
otherwise, to third persons unless such third persons are individually Contractor hereby grants City a perpetual, royalty-free, fully paid-up,
identified by name herein and expressly described as intended nonexclusive and irrevocable license to copy, reproduce, deliver, publish,
beneficiaries of the terms of this contract. perform, dispose of, use and re-use, in whole or in part, and to authorize
others to do so, all such work products, including but not limited to any
5. Funds Available and Authorized: City has sufficient funds information, designs, plans or works provided or delivered to the City or
currently available and authorized for expenditure to finance the costs of produced by the Contractor under this contract.
this contract within the City's fiscal year budget.
6. Termination:
a. Mutual Consent. This contract may be lerninated at any time by
mutual consent of both parties.
b. Parties' Convenience. This contract may be terminated at any time
by either Party upon 30 days' notice in writing and delivered by certified
mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or
in part, effective upon delivery of written notice to Contractor, or at such
later date as may be established by City, under any of the following
conditions:
i. If City funding from federal, state, or other sources is not obtained
and continued at levels sufficient to allow for the purchase of the indicated
quantity of services;
ii. If federal or state regulations or guidelines are modified,changed, or
interpreted in such a way that the services are no longer allowable or
8. Compliance with Applicable Law: Contractor shall comply with contract is declared by a court of competent jurisdiction to be illegal or in
all federal, state and local laws and ordinances applicable to the work conflict with any law, the validity of the remaining terms and provisions
under this contract, including, without limitation, the provisions of ORS shall not be affected, and the rights and obligations of the parties shall be
2796.220, 279B.230, and 279B.235, and as well as other statutes as set construed and enforced as if the contract did not contain the particular term
forth in the attached Compliance With Applicable Law,which is by this or provision held to be invalid.
reference made a part hereof. Without limiting the generality of the
foregoing, Contractor expressly agrees to comply with: (i)Title VI of the 15. Survival: The terms, conditions, representations and all warranties
Civil Rights Act of 1964;(ii)Section V of the Rehabilitation Act of 1973; contained in this Contract shall survive the termination or expiration of
(iii) the Americans with Disabilities Act of 1990 (Pub L No. 101-336), this Contract.
ORS 659A.142, and all regulations and administrative rules established
pursuant to those laws; and (iv) all other applicable requirements of 16. Waiver: The failure of either party to enforce any provision of this
federal, state and local civil rights and rehabilitation statues, rules and contract shall not constitute a waiver by either party of that or any other
regulations. provision.
9. Foreign Contractor: If the Contractor is not domiciled in or 17. Execution and Counterparts: This contract may be exercised in
registered to do business in the State of Oregon,Contractor shall promptly several counterparts,each of which shall be an original, all of which shall
provide to the Oregon Department of Revenue and the Secretary of State constitute but one and the same instrument.
Corporation Division all information required by those agencies relative
to this Contract. The Contractor shall demonstrate its legal capacity to 18. Prior Approval Required: Approval by the City of Ashland City
perform these services in the State of Oregon prior to entering into this Council or the City Manager is required before any work may begin under
contract. this contract.
10. Governing Law; Jurisdiction; Venue: This contract shall be 19. Notice: Notices required by this contract must be given in writing by
governed and construed in accordance with the laws of the State of personal delivery or mail, at the addresses given by the parties on the first
Oregon without resort to any jurisdiction's conflict of laws, rules or page of this contract, unless some other means or method of notice is
doctrines. Any claim,action,suit or proceeding(collectively,"the claim") required by law. Each party will notify the other of any change of address.
between the City (and/or any other City or department of the State of
Oregon)and the Contractor that arises from or relates to this contract shall 20. Confidentiality: Contractor acknowledges and agrees it is
be brought and conducted solely and exclusively within the Circuit Court responsible for ensuring compliance with all applicable confidentiality
of Jackson County for the State of Oregon. If,however,the claim must be laws, including but not limited to the Health Insurance Portability
brought in a federal forum, then it shall be brought and conducted solely Accountability Act (HIPAA) and Family Educational Rights and Privacy
and exclusively within the United States District Court for the District of Act(FERPA).
Oregon filed in Jackson County, Oregon. Contractor, by the signature
herein of its authorized representative,hereby consents to the in personam 21. Merger Clause: THIS CONTRACT AND ATTACHED EXHIBITS
jurisdiction of said courts. In no event shall this section be construed as a CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES.
waiver by City of any form of defense or immunity,based on the Eleventh NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS
Amendment to the United States Constitution, or otherwise, from any OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN
claim or from the jurisdiction. WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,
CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE
IL Insurance: EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE
a. Insurance. Contractor shall at its own expense provide the following SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
insurance: AGREEMENTS,OR REPRESENTATIONS,ORAL OR WRITTEN,NOT
i Worker's Compensation insurance in compliance with ORS SPECIFIED HEREIN REGARDING THIS CONTRACT.
656.017, which requires subject employers to provide Oregon workers' CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED
compensation coverage for all their subject workers. REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE
ii Professional Liability insurance with a combined single limit,or the HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES
equivalent, of not less than $200,000 for each claim, incident or TO BE BOUND BY ITS TERMS AND CONDITIONS.
occurrence. This is to cover damages caused by error, omission or
negligent acts related to the professional services to be provided under this
contract.
iii General Liability insurance with a combined single limit, or the
equivalent, ot'not less than N/A for each occurrence for Bodily Injury and
Property Damage.
iv Automobile Liability insurance with a combined single limit, or the
equivalent, of not less than $N/A for each accident for Bodily Injury and
Property Damage, including coverage for owned, hired or non-owned
vehicles,as applicable.
V. Umbrella/Excess Liability insurance with combined single limits/
annual aggregate of not less than $N/A for Bodily Injury and Property
Damage.
C. Notice of cancellation or chance There shall be no cancellation,
material change, reduction of limits or intent not to renew the insurance _
coverage(s) without 30 days' written notice from the Contractor or its
insurer(s)to the City.
12. Left for insertion.
13. Force Majeure: Neither City nor Contractor shall be held
responsible for delay or default caused by fire, riot, acts of God, or war
where such cause was beyond, respectively, City's or Contractor's
reasonable control. Contractor shall,however,make all reasonable efforts
to remove or eliminate such a cause of delay or default and shall,upon the
cessation of the cause, diligently pursue performance of its obligations
under this contract.
14. Severability: The parties agree that if any term or provision of this
Exhibit C COMPLIANCE WITH APPLICABLE LAW hours in any one day or in excess of 40 hours in any one week,whichever
(Public Nonlmprovement Contracts) is greater. [HB 2214]
ORS 279B.220 Conditions of public contracts concerning payment of ORS Chapter 244. Contractor shall not provide or offer to provide any
laborers and materialmen,contributions to Industrial Accident Fund, appreciable pecuniary or material benefit to any officer,employee or agent
liens and withholding taxes. Every public contract shall contain a of the City in connection with this contract in violation of ORS Chapter
condition that the Contractor shall: 244 or City's personnel rules.
vi. Make payments promptly, as due, to all persons supplying to such
contractor labor or material for the prosecution of the work provided for in ORS 670.600 provides in part: "As used in various provisions of
such contract. ORS Chapters 316,448,656,657, 671 and 701, an individual or business
vii. Pay all contributions or amounts due the Industrial Accident Fund entity that performs labor or services for remuneration shall be considered
from such contractor or subcontractor incurred in the performance of the to perform the labor or services as an 'independent contractor' if the
contract. standards of this section are met." ORS 670.600 also provides standards
viii. Not permit any lien or claim to be filed or prosecuted against the for satisfying the designation of an independent contractor:
state, county, school district, municipality, municipal corporation or I. Free from direction and control over means and manner of providing
subdivision thereof,on account of labor or material furnished. labor or service.
ix. Pay to the Department of Revenue all sums withheld from employees 2. Responsible for obtaining all necessary business registrations and
pursuant to ORS 316.167. professional occupation licenses.
3. Furnishes its own tools and equipment for the work.
279B.225 Condition concerning salvaging, recycling, composting or 4. Has the authority to hire and fire employees to perform the work.
mulching yard waste material. Every public contract for lawn and 5. Registered under ORS Chapter 701.
landscape maintenance shall contain a condition requiring the contractor 6. Filed federal and state income tax remms in the name of its business
to salvage,recycle, compost or mulch yard waste material at an approved or a business Schedule"C" as part of the personal income tax return, for
site,if feasible and cost-effective. the previous year, for labor or services performed as an independent
contractor in the previous-year..
ORS 2798.230 Condition concerning payment for medical care and 7. Represents to the public that the labor or services are to be provided
providing workers'compensation. (I) Every public contract shall also by an independently established business.
contain a condition that the contractor shall promptly, as due, make 8. The labor or services are primarily carried out al a location that is
payment to any person, co-partnership, association or corporation, separate from my residence,or is primarily carried out in a specific portion
furnishing medical, surgical and hospital care or other needed care and of my residence,which is set aside as the location of the business.
attention, incident to sickness or injury, to the employees of such 9. The business has purchased business cards or commercial advertising.
contractor,of all sums which the contractor agrees to pay for such services 10. A telephone listing and service is used for the business that is separate
and all moneys and sums which the contractor collected or deducted from from the personal residence listing and service.
the wages of employees pursuant to any law,contract or agreement for the 11. Labor or services are performed only pursuant to written contracts.
purpose of providing or paying for such service. Labor or services are performed for two or more different persons within a
(2) Every public contract also shall contain a clause or condition that all period of one year.
employers working under the contract are subject employers that will 12. Assumes financial responsibility for defective workmanship or for
comply with ORS 656.017 or are exempt under ORS 656.126. service not provided as evidenced by the ownership of performance bonds,
warranties, errors and omission insurance or liability relating to the labor
ORS 279B.235 Condition concerning hours of labor. (1) Except as or services to be provided.
provided in subsections (3) to (6) of this section, every public contract
subject to this chapter must contain a condition that a person may not be
employed for more than 10 hours in any one day, or 40 hours in any one
week, except in cases of necessity, emergency or when the public policy
absolutely requires it, and in such cases, except in cases of contracts for
personal services designated under ORS 279A.055, the employee shall be
paid at least time and a half pay: (a)(A)For all overtime in excess of eight
hours in any one day or 40 hours in any one week when the work week is
five consecutive days, Monday through Friday; or(B) For all overtime in
excess of 10 hours in any one day or 40 hours in any one week when the
work week is four consecutive days, Monday through Friday; and (b) For
all work performed on Saturday and on any legal holiday specified in
ORS 279B.020.(2)An employer must give notice in writing to employees
who work on a public contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a
location frequented by employees, of the number of hours per day and
days per week that the employees may be required to work. (3) In the case _
of contracts for personal services as described in ORS 279A.055, the
contract shall contain a provision that the employee shall be paid at least
time and a half for all overtime worked in excess of 40 hours in any one
week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209
from receiving overtime. (4) In the case of a contract for services at a
county fair or for other events authorized by a county fair board, the
contract must contain a provision that employees must be paid at least
time and a half for work in excess of 10 hours in any one day or 40 hours
in any one week. An employer shall give notice in writing to employees
who work on such a contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a
location frequented by employees, of the number of hours per day and
days per week that employees may be required to work. (5)(a) Except as
provided in subsection (4) of this section, contracts for services must
contain a provision that requires that persons employed under the
contracts shall receive at least time and a half pay for work performed on
the legal holidays specified in a collective bargaining agreement or in
ORS 279B.020 (1)(b)(B) to (G) and for all time worked in excess of 10
CITY OF
ASHLAND
Council Communication
May 15, 2012, Business Meeting
A Resolution Transferring Appropriations from General Fund Contingency to the
David Grubbs Reward Fund
FROM:
Dave Kanner, city administrator, dave.kanner @ashland.or.us
SUMMARY
This resolution transfers $10,000 from the General Fund contingency into the David Grubbs Reward
Fund, doubling the size of the reward fund and hopefully providing additional incentive for someone to
come forward with information that can help the Ashland Police Department solve the crime.
BACKGROUND AND POLICY IMPLICATIONS:
In January 2012, the City Council established a project account in the General Fund to provide a
repository for donations to a reward fund aimed at encouraging people to come forward with
information that would be useful to the police in the November 2011 murder of David Grubbs. That
project account currently has $10,000 in it. There was discussion in January of having the City make a
contribution to the reward fund, but for reasons that are not clear, the necessary transfer of
appropriations was never forwarded to the City Council for action. This resolution completes the
transfer of appropriations and doubles the size of the reward fund. By law, money cannot be spent
directly from contingency, thus necessitating the transfer.
FISCAL IMPLICATIONS:
The transfer is in the amount of$10,000. Funds are budgeted and available in the General Fund
contingency, which currently stands at $257,000. If the reward is never given, the money will simply
remain in the General Fund for re-appropriation at some future date.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approving the transfer of appropriations to increase the size of the David Grubbs
Reward Fund.
SUGGESTED MOTION:
I move approval of a resolution transferring appropriations from General Fund contingency to the
David Grubbs Reward Fund.
ATTACHMENTS:
None.
Page I of I
Ir,
RESOLUTION NO. 2012 -
A RESOLUTION TRANSFERRING APPROPRIATIONS
WITHIN THE 2011-2012 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is-necessary to transfer
appropriations as follows:
General Fund
To: Police Department $10,000
From: Contingency $10,000
To Transfer appropriations from Contingency to Police Department to contribute to the David
Grubbs Reward Fund, doubling the size of the reward fund and hopefully providing additional
incentive for someone to come forward with information that can help the Ashland Police
Department solve the crime.
By law, money cannot be spent directly from contingency, thus necessitating a transfer. The
money will be held on the balance sheet of the General Fund. If the reward is never given, the
money will be subject to re-appropriation at some future date.
TOTAL
To: Division Appropriations $10.000
From: Contingency $10
SECTION 2. This resolution was duly PASSED and ADOPTED this day of May,
2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of May, 2012:
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
CITY OF
ASHLAND
Council Communication
May 15, 2012 - Business Meeting
Declaration and Authorization to Dispose of Surplus Property in a
Sealed Bid Auction
FROM:
Mike Morrison, Public Works Superintendent, Morrism a,ashland.or.us
Bruce Dickens, Parks Superintendent, Dickensbgashland.or.us
SUMMARY
The city annual auctions off surplus property that it can no longer use. Such property can include
vehicles, landscaping equipment, furniture and electronics. In order to auction these items, the City
Council must make a formal declaration that the items are surplus.
BACKGROUND AND POLICY IMPLICATIONS:
Near the end of each fiscal year, the City has held a sealed bid auction to dispose of City property that
has been declared surplus property. The public sale allows the general public, including local citizens
of Ashland, to participate in the sealed bid auction process. Thus far, there has been a lot of interest,
many sealed bids submitted and a successful turn-out at each of the previous sealed bid auctions.
Therefore, staff recommends that we conduct another sealed bid auction to dispose of the attached
items intended to be declared as surplus property.
Ashland Municipal Code
Section 2.54.040 Surplus Property Offered for Public Sale
A. The Purchasing Agent must conduct public sales for the disposal of Surplus Property.
B. Methods of disposal may include, but are not limited to: oral auctions, sealed bid sales and
fixed price retail sales, separately or in any combination thereof.
(Ord 3018, amended, 06/01/2010)
Section 2.54.050 Conduct of Auctions and Sealed Bid Sales
A. The Purchasing Agent must advertise the date, time and location of public auction or sealed bid
sales.
B. An invitation to Bid must be available at the auction site of an auction or sealed bid sale.
C. The public may inspect property offered for sale at the time and place specified in the invitation
to Bid;
D. The Purchasing Agent reserves the right to reject any and all bids regarded as not in the best
interests of the City of Ashland;
E. All items must be sold to the highest Bidder. All Surplus Property must be offered "As-Is,
Where-Is" with no warranty or other guarantee as to its condition or fitness for use. A purchaser or
disappointed Bidder does not have recourse against the City of Ashland or any of their respective
officers, employees or agents.
F. All sales must be final.
Page I of 3
!VAI,
CITY OF
ASHLAND
(Ord 3018, amended, 06/01/2010)
Section 2.54.060 Eligibility
A. Members of the general public may participate as buyers at public sales.
B. No employee or volunteer of the donating Department and/or Purchasing, whether full-time,
part-time, temporary or unpaid volunteer, or any member of the employee's household, the employee's
immediate family, or any person acting on the employee's behalf may participate in public sales if the
employee has had any role in declaring the item surplus, processing the item or related paperwork, or
offering it for sale.
(Ord 3018, amended, 06/01/2010)
Section 2.54.070 Payment
Full payment must be made within five (5) business days, unless otherwise specified in the invitation
to Bid. Payment must by made by cash, cashier's check or money order. The methods of payment,
time limit for making full payment, and the place where payment must be made will be specified in
invitation to Bid.
(Ord 3018, amended, 06/01/2010)
Section 2.54.080 Promulgation of Disqualifying Criteria by Resolution
The Purchasing Agent may establish criteria to disqualify participants from surplus sales pursuant to
this Chapter by Resolution. Such criteria may be based on:
A. Conviction of fraud;
B. Inappropriate conduct;
C. Failure to claim purchases; or
D. Other documented activities determined by the Purchasing Agent to warrant disqualification.
(Ord 3018, amended, 06/01/2010)
Section 2.54.090 Claiming Items
A. Items that are not paid for in full and claimed by the time specified in the Invitation to Bid will
be offered to the next highest bidder.
B. Property paid for, but not claimed within the time specified in the Invitation to Bid must be
considered abandoned and ownership must default back to the City of Ashland, unless prior approval is
obtained from the City of Ashland Purchasing Agent.
C. Title to the property sold will be transferred to the purchaser when payment is made in full.
D. An Oregon Motor Vehicles Division trip permits must be obtained to drive unlicensed motor
vehicles that are purchased. The purchaser will be responsible for obtaining a trip permit and certifying
that the driver of the vehicle has a valid driver's license and is insured as required by Oregon law
before a trip permit can be issued.
(Ord 3018, amended, 06/01/2010)
FISCAL IMPLICATIONS:
Disposing of this property will avoid any future storage, handling and labor costs. And, the "equipment
fund" (730) receives the revenue under the category of"sale of assets" (480.310).
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the vehicles and equipment listed on the attachment be declared surplus
property and they be given authority to conduct a sealed bid auction in accordance with AMC 2.54 to
Page 2 of 3
��,
CITY OF
ASHLAND
dispose of the property declared as surplus.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve (decline) the items be
declared as surplus property and a sealed bid auction be conducted to dispose of the vehicles and
equipment being declared as surplus property.
And, the Council moves to approve (decline) the addition of any miscellaneous low dollar items
offered up by departments and/or located in storage areas prior to advertising for the Sealed Bid
Auction.
ATTACHMENTS:
List of items to be declared as surplus property
Page 3 of 3
Ir,
> 3k 3k �k 3k 3k Xk O .-• N M M M V
W W
z
rn rn „� r
d v a o
o * v o
N Q 00
QQU � a � °pW ° QQ U vM ooN Cl
z atl U > w X W a :it
N F oo M 0 0 0 0 0 0
0 3 > q rn r rn rn n n v o v 10 0
O z 00 N M ? 7 �p N Vl Z OO Vl N ONO v v v r v V1 N
F x v w 3 N [�. Q > U
U > N = M 7 ] M O V O �p N V, O r Q N 0 0 0 00 O h V7 V7
UOro N N �-• W ..� O� M M M N M � V r
rn rn rn rn rn
wwwwwwwwww CA (nV) v) cncncnCAth 7C7C7C7v) V) V)
N -. ... N - rn v� v) v) cn � � � � QQQQQcnV) V)
A
W
d m
W
0.� >
F
m U
z
A w z
U C
A U J
W E E E z x p U w U C C
F w ° ° O X C U U q b0 E O C .Q u1
z ¢ Q '�, Q a N R w C Qa w F td O
v� .2 v v R a� v °' o ° > Y Se 2 Se v to
x x
E v v o v a c _o 0 0o a � . >
W ° qq 7q ANN � a o ° °' � o a°i 3 ro ro 'CW a
z Q � OW v odo x � 0 0 D fA o � U � F� vi 4 4 ?4
j j ,o > N ,o o c a.a 0.
L v� ❑ :3 ❑ o �,
U O
W v a Ca c, c > C C C C C
C)U M .� o
° UUUUU �°+ � N
x L M > M L M N M N F y 0 3 [n 4 m W L
v
v . ? r L L L z v v1 0 z w a °- 0 0 0 0 0 U
G a p. 3 t c c c c 'n .3 ° C7 C7 C7 C7 C7 o
z U N x ° x ^ 0. > v > a y m m E ° o
d wwwvxwwxo x Lw CNU UUUUU 'CM3
L L L L L L L L L L C C .Z: v 0 fy FCi a F O O
z W o 0 0 0 0 0 0 0 0 o C o o o o`
W > wwwwwww www W 'SwC7in > F^ �nx � 000UULIF- F-
A. �" M r rn W O O �n v, oo �" V Vl M M ,D N o0 rn rn v7 v1 v1 rn v1 M V N
QrnrnrnO rn OO rn Orn doo oo rn o, rnrn o, rn rn o, o, rn rn rno a, o
O � rnrnrnOrn000, orn } rnrnrnrnrnrnrnO, rnrn °, a, rnrnorn0
W
v�
W
S
W F F
> a
W
Y Y Y L y y y Y Y Y A Y Y Y Y L y Y Y Y Y Y Y Y Y
L L L L L L L L L L L
a U O U G G U U O. G P. ro ro ro
�UUUU (U (UUUUa aaaaa as
O M C� ON O Q Q Q D\ ¢
zzz z
w
Z yl Z � p1 N N — — N —
00 M N M 00
1� �o O O N 7 V
¢
C) h o
0o O
M u EL
ab
v d a xt r-
5; aS
� w �
j x > M o x R p c c o
,9 Q Q c o, .S '- N
�p �n Q O �= p m °'
ti c o0 0o O O O 'x ,� v .a
c
b x a >
cn
ti 4 v a O c o ° ro
z c a°i v N ' 0 U c R Q m N b o a� £ a0i p a ha to �° c L 3 X c to
cn N c J a O z p en c ro o
?' �° o o E E .� a Y v oFu ms 0.
O N p C 72 ctl E � O N �• V O cd O i.
W °, m U c 3vo .Ijcnm0- � m �,-, z. .� 3a `0 .�
N
F
z' F
W
� z
ac� aF� Fp a� aF� a� a�^�! a�^�!
A L F Y L L L L L > u G u E ^
W N N N N N N N N N N N N N N N N
0tIaLaaaaaa. 0 U A w UUUUUUUUUUUUUUU
3 m C
.0 ^ ^ ^ N ^ —
N
M
F
Q
01
Q
> U c
U N
7 �l
F o
O M m 3 DV v
X
'0
0 ow W� 0 � � :2
U
� o � 3 Q °c � � v c F en F- x R � o ,wy R o •o � A
z z
:3 °
F ococ ° x 7x � xxx ? C7 - o � x a 0 C a ° �0Zax
3 R E >
R x s x 3 3 3 3 N 3 3 3 7
V
Uo �cON oC] L1L. . my cIt OLI a R °
A r� CL W W Ln M M -- M N t V ¢� U7 N M N V V V W U
U U U U U U U U U U U U U U U U U U U U U U U U U U U
c c c c c c c c c c c c c c c c c c c c
R R R R R R R R R R R R R R R R R R R R
F C C C C C C C C C C C C C C C C C C C C C C C C C C C
4 U N N N N N N N N N U
C C C C C C G C C C
G G G C C � G C C C C C G C C C C
�R R R R ltd+ ��cd-++ ltd+ �R+ �R+ R �R+ t��-d-++ �t3+ tr0 ��R++ ��c0++ l�td++ rR R crr0 �cd+ �R+ R R ��R-++ R ��t0•++
bVi VJ Vi Vi N VI VI h Vl Vi V1 VJ V1 N V1 V1 VJ N V1 VI Vi VI VI V] VI Vl N
.+ a+ it u r a+ u_ u .. y .^ L .. .. .. .. .. .. .. y .. .. .. ...
a U U U U U U U U U U U U U U U U U U U U U U �U �U U �U U
W U U U U U R R R R R R R R R R R R R R R R R R R R R R R R R R R
A U U U U U w w u u w u u w w w w w w w w w w u u u w u w w w w w
3 7 7 C
Z .0 — M 0
N
m � �
U
h
t pp N L 'D •C
U � c
o c n m co v E 0 5 a c
Z aCi y m � v c v c � 3 .", h � `�' a`i o � x 'tl � ='' � o � v� •m y E > `°
Q U w b 'C :E > '�
.a o4 3 y v E a
W ❑ W F a o0 5 i 5v U c o C7 3 M 8 . 5 3
U , U
nor h�is++ aC1� C cVa 7 X X X Q p, �U-., X F9 .0 X N Dt0 .F
.G 0. V GQ O: N U x U N [n M Q� N 0. �D a 4 U 0. V LL C1� E (x rUii
U N U U U N N N U U N N U U N N U U N N N U U
U U U U U U U U U U U U U U U U U U U U U U U
C C C C�. C C C�. C C C C�. CC* C� C t� t� C C C C C C C
� C C C C � � C �
F C C C C C C C C C C C C C C C C C C C C C C C
U U U N N N N U U N U N N N N U N U U U U N N
W .5 .c .5 .5 .5 .5 .r .5 .5 .5 .5 .c .5 .5 .5 .9 .5 .5 .5 .5 .9 .5 .5 ,
W o U o U o 0 0 'o •o o •o o U o 0 0 o o o o o o o 1 -x
�lwwwwwciwU.. U.. W. : wmLm wwwwuI � c a a a as
F
F .
z -- N -- N N --
Q
O
r_
N
V
N
O N
� �
P. N O
� 3 "
O
�; � 3 �^
U � 'p
O cC O
� �
� �
LO �
0 � �N N
W a a �
Z. a"i v v
v-[i o � a"i > > >
d °' � as � � �
aa 7� 3 „ > > >
W aU � w� m A e
U � � � L L L
`� W CI 0]
� F � a3 °-, a �,
F
z
w
F
CC
�. Y X Y Y Y Y
W L L L L L L
A acO. ca. aa. a
CITY OF
ASHLAND
Council Communication
May 15, 2012 Business Meeting
Approval to award a public contract resulting from an invitation to bid for Scott
Air-Pales 75 self contained breathing apparatus, cylinders, and accessories
FROM
John Karns, Fire Chief, iohn.karnsgashland.or.us
SUMMARY
The Fire Department is asking Council approval to award a contract to Cascade Fire Equipment in the
amount of$126,240.00 for Scott Air-Paks 75 self-contained breathing apparatus (SCBA), Cylinders
and Accessories
BACKGROUND AND POLICY IMPLICATIONS:
An Invitation to Bid was advertised and mailed to five (5) prospective bidders; however, the City only
received one (1)bid from Cascade Fire Equipment located in Medford, Oregon. It was understood that
other companies could also bid on this equipment, but they chose not to bid for different reasons.
Substitutions and/or exceptions for the Scott Air-Paks, cylinders and Accessories were not considered.
Interoperability, training and safety concerns dictate the necessity for this equipment to be consistent
within the Ashland Fire & Rescue. In accordance with ORS 27913.215, it was determined that the
efficient utilization of existing equipment requires the acquisition of compatible equipment thereby
making this procurement brand specific.
AMC Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals
Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and
the Oregon Public Contracting Code:
C. The Local Contract Review Board shall approve the award of all contracts for which the
Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive
solicitations or formal competitive bids.
FISCAL IMPLICATIONS:
The cost of the Scott Air-Paks and related equipment will be paid out of the general fund charged to
the Fire Department budget. Ashland Fire & Rescue was awarded a grant through the Assistance to
Firefighter's Grant administered by FEMA. This grant will reimburse the fire department for 90% of
the total cost, or$113,616.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the public contract be awarded to Cascade Fire Equipment.
Page I of 2
CITY or
-ASHLAND
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve (or decline) the award of
the public contract to Cascade Fire Equipment.
ATTACHMENTS:
None
Page 2 of 2
CITY OF
ASHLAND
Council Communication
May 15, 2012 - Business Meeting
Special Procurement — Laboratory Testing of Water Quality Parameters
FROM
Pieter Smeenk, Engineer, pieter @ashland.or.us
SUMMARY
Public Works is requesting that Council, acting as the Local Contract Review Board, approve a special
procurement seeking an exemption from competitive bidding to procure water quality laboratory
testing for recurring, emergency, and on an as-needed basis to support the engineering of the water,
wastewater, and stotrnwater systems.
The City currently uses many different laboratories to meet its needs. They have different services
including specialties. The annual budget for these services is $50,000. Timing for procuring a specific
service is critical and cost may be irrelevant when systems go off-line, are compromised by
emergencies or illicit discharges and untested flows that could possibly result in fines to the City.
Traditional procurement processes do match up well with these needs and staff requests the flexibility
to directly procure these highly specialized water quality testing services in order to ensure the systems
continually operate (24/7) in a manner that meets or exceeds the system requirements.
BACKGROUND AND POLICY IMPLICATIONS:
A Special Procurement is used for the purpose of seeking an exemption from the competitive bid
process, custom designing a contracting approach, or the direct selection or award of a public contract
or for a series of contracts. The attached, completed Special Procurement and Approval Request Form
is attached for your review and consideration.
AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or
Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A — 279C and the Model
Rules except for the following:
G. Special Procurements — a public contract for a class special procurement, a contract specific
procurement or both, based upon a contracting procedure that differs from procedures
described in ORS 27913.055, 279B.060, 27913.065, 27913.070. The contracting approach may be
custom designed to meet the procurement needs.
1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other
applicable provisions of law.
Pagc I of 2
Ir,
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
Funds are budgeted each fiscal year for the water quality testing in the Water, Stormwater, and
Wastewater Quality funds.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the "Class Special Procurement' be approved.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve (or decline) the"Class
Special Procurement'.
ATTACHMENTS:
Form 49, Special Procurement, Request for Approval
Page 2 of 2
!MA
CITY OF
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Mike Faught, Department Head
Date: May 15, 2012
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Public Works En ig neerine
2. Department Contact Name: Pieter Smeenk
3. Type of Request: X Class Special Procurement Contract-specific Special Procurement
4. Time Period Requested: From Upon approval To: June 30,2016
5. Total Estimated Cost: Current Annual Budget Estimate$50,000 per fiscal year for FYI
*Note: Actual cost will be dependent on actual support needs and requirements.*
6. Short title of the Procurement: Water Quality Testing for Water,Wastewater, and Stormwater
Supplies and/or Services or class of Supplies and/or Services to be acquired:
The services of highly skilled specialized and technically advanced laboratories are required by the
Water, Wastewater, and Stormwater utilities to meet regulatory requirements and troubleshoot
operations. These services are currently provided by Nielsen Laboratories, MWH Labs, Aquatic
Research(ARI), Greenwater, and Phycotech. These services are also required to support the
regulatory compliance demands which vary by system,applicable permit, weather, and framework of
the regulation being followed. The services also support small in-house modifications to processes and
facilities, as well as aid in enforcing city ordinances related to pollution violations. The services will be
utilized for recurring, emergency and/or on an as needed basis to support the water,wastewater,
irrigation and stormwater systems.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure.The Agency may,but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s),Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
Form#9-Special Procurement-Request for Approval,Page 1 of 4,5/912012
additional sheets as needed.
Background: Direct Award
The"Contract-specific Special Procurement'processed for the WWTP and approved by
Council on October 9, 2009 is due to expire June 30, 2012. This"Contract-specific Special
Procurement'allowed the direct award of public contracts for this type of service.
Proposed procedure: Direct Award
If approved, this"Class-Special Procurement'will allow Public Works engineering to directly
procure highly specialized water quality testing services required for the water, wastewater, and
stormwater systems for a term of three(3) years.
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
Currently,these highly specialized water quality lab services are being provided by a number of
different organizations that each have a track record with the City. Neilson Research CMperfonn
the majority of testing and is preferred because they are located in Southern Oregon, which offers both
cost and turn around advantages. M WH Labs has provided fast turnaround on testing for irrigation
pollutants of concern. Greenwater has provided algal toxin testing, Phycotech has provided algae
classification testing, and Aquatic Research (ARI)has performed the Reeder Reservoir nutrient testing
for several years. Another reason that supports the need for this special procurement is that if systems
go off-line or are compromised by emergencies or illicit discharges and untested flows, excessive
pollution might easily occur. Any issues and/or problems could cause the systems not to meet the
permit limits and possibly result in fines to the City. Therefore, it is important that water quality issues
and problems receive immediate attention and be resolved in a manner that will keep the systems
operating and meeting the requirements of any and all associated regulatory gencies.
The additional cost and labor associated with the traditional procurement process could be costly with
no guarantee that the services to be provided would meet t level of services needed
Staff requests the flexibility to directly procure these highly specialized water quality testing services
in order to ensure the systems continually operate(24/7)in a manner that meets or exceeds the s st
requirements.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
Due to the higblysspecialized and technical nature of the water quality testing services and their
required 24/7 availability, it is more likely that performance will be the primary selection criteria, and
less likely that favoritism would cause diminished competition. If engineering eering is contacted by other
highly specialized and qualified testing labs seeking business with the City,they will still be
considered to perform these services.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement);and
X (b)(i)will result in substantial cost savings to the contracting agency or to the public
because:
Form#9-Special Procurement-Request for Approval,Page 2 of 4,519/2012
The additional time associated with choosing the low bidder to provide these services could be too
time-consuming to guarantee that the services to be provided that would meet level of services
required.The costs of these services do not vary widely, and they are not typically procured through
bids.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings);or
X_(b)(ii)will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 279B.055, 27913.060, 279B.065,
or 27913.070,or any rules adopted thereunder because:
It is imperative that the City maintain these systems 24/7 in a manner that meets the system and permit
requirements.Therefore, it is in the City's best interest to contract highly specialized and technical
water quality testing laboratories that will meet the specific operational situational needs as they arise.
The typical situation for testing is too unpredictable to use conventional low bidder procurement,
particularly if routine testing yields unexpected results. The level and type of re-testing can become
iterative and often dependant on unknowns that become known only afler tests are completed. Algal
toxins for example, if found, must be retested in a manner that then assumes both positive and ne ag tive
outcomes in order to prepare decision makers to have enough information to make their next decision
in a timely manner. Advance planning for multiple contingencies are necessary, but the more you
know earlier,the better and less costly your outcomes are likely to be. If we can choose from a
number of different labs,we can select the best performing lab for each situation.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Form#9-Special Procurement—Request for Approval,Page 3 of 4,519/2012
Public Notice:
Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300.The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven(7)Days before Award of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's website to allow for the seven(7)day protest period.
Date Public Notice first appeared on www.ashland.or.us-[Ifapproved, May 16, 2012]
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: [If approved, May 16, 2012]
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on[Ifapproved, May 15,
2012].
[This "Class Special Procurement"was processed to seek an exemption from the
competitive bid process to directly award public contracts for computer-programming
services utilized for recurring, emergency and/or on an as needed basis to support the
complex systems at both the WWTP and WTP. It is imperative that these systems
continually operate in a manner that meets and/or exceeds the requirements of any and all
associated permits]
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 279B.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland,[Enter department name, Contact
name, and complete address]. The seven(7)protest period will expire at 5:00pm on
[Enter date-seven calendar days from first date of publication]
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Form t5-Special Procurement-Request for Approval,Page 4 of 4,55/2012
CITY OF
ASHLAND
Council Communication
May 15, 2012 Business Meeting
Resolution Increasing Water and Sewer Rates for FY 2012-13
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm @ashland.or.us
SUMMARY
After two years of study, the Ashland Water Advisory Committee (AWAC) recommended a Water
Master Plan, which was adopted by the City Council on April 17,2012. The plan included $30.5
million in capital improvements, as well as a proposal to generate revenues to pay for those
improvements by raising water rates over a ten-year period, beginning with a rate increase amounting
to 12.7% in FY `13. Council requested a discussion of reducing that rate increase to 10% and the
impacts of such a reduction. Increasing water rates by 10% across the board instead of the AWAC
recommended 12.7% results in a revenue loss of$85,172 and does not fully address the water fund's
under-recovery problem.
The Council has two water rate increase resolutions to consider. The first resolution, Option 1, adopts
the original proposal presented on May 1, 2012. The second resolution, Option 2, adopts a 10% across
the board water rate increase.
BACKGROUND AND POLICY IMPLICATIONS:
On May 1, 2012, the City Council held a public hearing considering water and wastewater rate
increases as recommended in the adopted water and wastewater master plans. At that time, Council
directed staff to evaluate the impacts of reducing the proposed water rate increases from 12.7% (which
included a 10% increase to the base rates followed by an 8% across the board increase), calculated as
follows:
Usage
Planned Base Rate Rate Usage up Usage Usage=750 % Increase in
Increases Increases Increases Base to 300 cf >300 cf cf Bill
Current $14.84 $1.69 $2.09 $34.54
1st 10% $16.32 $1.69 $2.09 $36.02 4.3%
2nd 8% 8% $17.63 $1.83 $2.26 $38.94 8.1%
Total 18.80% 8% 12.74%
Reducing the proposed rate increase to 10% for the base and usage rates will result in the average
household's peak water bill increasing 10% rather than 12.7%. In the folowing example, the
customer's monthly bill is $0.94 less.
Page 1 of 5
�`,
CITY OF
ASHLAND
Usage
Planned Base Rate Rate Usage up Usage Usage= % Increase in
Increases Increases Increases Base to 300 cf >300 cf 750 cf Bill
$14.84 $1.69 $2.09 $34.54
151 10% 10% $16.32 $1.86 $2.30 $38.00 10.0%
Lowering the rate increase to 10%reduces annual revenue by $85,172 per year. If the Council were to
take this action, staff would recommend cutting the .5 FTE for Conservation (approximately $40,000)
as well as deferring distribution related capital projects. The first distribution project deferred would
be the $45,000 budgeted for engineering the Ivy Lane distribution line. The reduction in revenue, if
not made up in future years, would have an annual impact, so the current proposed capital project list
would have to be reduced by $45,000 per year thereafter.
In addition to deferring distribution projects, the reduced water rate increase fails to fully address the
under recovery issue and as such does not fully create the revenue stability to address funding
volatility. As a reminder, Financial Consultant Ray Bartlett indicated that the proposed 1,0% water base
rate adjustment would make up the deficit created by the depletion of cash reserves in the water fund
and that the increase would make the Water Utility credit worthy for the anticipated borrowing for
future projects.
In addition to Council's request for an evaluation of the impacts of lowering the proposed water rate
increase to 10%, there were also questions about conservation goals and the proposed half-time water
conservation specialist.
Conservation
The AWAC spent quite a bit of time developing realistic and achievable conservation goals early in its
two-year evaluation of the water system. After an exhaustive and lengthy debate, AWAC settled on a
15% conservation goal, but agreed to plan projected needs assuming 5% conservation. This goal is
embedded in the Water Master Plan to guide future capital investments and their scheduling.
AWAC's 15% annual conservation goal is equivalent to a 20% reduction during the peak irrigation
season and amounts to a reduction or 1,125,000 gallons per day in 20 years. By the fifth year(FY
2018), 375,000 gallons of conservation would need to be achieved on the peak day. While AWAC
kept the additional 15% conservation as an ultimate goal, they recognized that achieving this goal
would take time and education.
Specific conservation measures are outlined in Chapter 8 of Technical Memo 3. These programs
include water audits, toilet rebates, clothes washer rebates, sub-meter incentives, lawn conversion
rebates, free conservation devices (low flow hose nozzle, toilet flush bags, faucet aerators), smart
irrigation controller rebates, daily/weekly irrigation information, water efficient landscape design
guidelines, water budget calculator, mulch discount, commercial water broom rebates, and information
about rainwater harvesting and greywater reuse. Based on staff audits, adding a .5 FTE conservation
Page 2 of 5
Ir,
CITY OF
ASHLAND
position would increase program productivity greatly. A full-time conservation specialist can complete
about 10-15 audits per week, or approximately 650 audits per year. Staffing the program with 1.5 FTE
will allow for approximately 950 audits per year. With 8,140 domestic meters and 357 irrigation
meters, it would take staff 13 years to audit all customers. The additional .5 FTE would reduce that to
less than nine years. Without the additional .5 FTE conservation specialist, it will be difficult at
best to achieve the conservation targets that were built into the planning assumptions used by
AWAC for capital improvements and water rates.
Risk/Vulnerability
The most important issue the AWAC recommended plan addresses is the risk or vulnerability to the
existing water plant. The plant is located in the Ashland Creek canyon, which is subject to natural
disasters that are beyond the City's control (e.g., flood, landslides, fire). Recognizing these risks,
AWAC and staff recommend constructing a new water plant in a less venerable location. In addition
to solving the plant vulnerability issue and creating a redundant system, the adopted water master plan
also includes projects that improves fire flows and begins funding the replacement of our aging
infrastructure. Projects identified to address the water systems vulnerability life cycle replacement are
as follows:
• Construct a new 2.5 MGD Water Treatment Plant by Glenview Drive ($12 million)
• Construct a new treated water tank and upgrade the existing Park Estates Pump Station ($8.7
million)
• Pipe a portion of the Talent Irrigation Ditch (TID) ($1.1 million)
• Construct an emergency Talent, Ashland, Phoenix (TAP)pipe ($2.1 million)
• Pipe Replacement Projects ($6.6 million)
The financial plan to pay for the proposed projects that invest in Ashland's future is outlined in the
following 10-year water rate impact chart:
Final AWAC Recommendation - Advance Funding/Forecast of Average Single Family Residential
Water Bills for 10 ccf�7500 gallons/month
$70
$65.52
$50
$40
$30
$20 Average monthly rate at 10 ccf-New WTP with the funding of a rate stabilization account
$10
$0 _.....____r_. _-------- —.t r _.t._._�. — -I —-----
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Page 3 of 5
CITY or
ASHLAND
Wastewater Fund Proposed Rate Increase
In addition to water rate questions, the Council also had questions regarding the proposed wastewater
capital projects. Specifically the Council posed questions about whether or not focusing more funds on
infiltration and inflow (I&I) reduction projects might extend the time frame for some of the larger
proposed capital projects.
The largest capital improvement identified in the CIP, is the $4M construction cost of a new oxidation
ditch shell. While this improvement addresses the risks of violations occurring from peak flows
resulting from infiltration and inflow, it also provides a critical role in giving the oxidation ditch
treatment process needed redundancy for routine maintenance. Existing dry weather flows and loads
are such that one train of the oxidation ditch train should not be taken offline for maintenance or
rehabilitation without overloading the other ditch and increasing the potential for discharge violations.
The additional oxidation ditch greatly increases the flexibility of the existing plant to operate with one
ditch out of service.
As for the identified priority pipeline improvements, modest reductions in upstream flows resulting
from infiltration and inflow reduction efforts would mitigate, but not eliminate the risks of overflows.
Several of the pipeline bottlenecks are significant and only a substantial reduction in infiltration and
inflow would restore the pipeline to a position where the flows were not backing up in the manholes
and pipelines.
Ashland's infiltration and inflow is not abnormally high when compared to other communities, and
correcting infiltration and inflow in one location, often leads to increases in another location (a repair
to a main line causes the water table to rise and then the water enters into cracks in service lines that
were previously above the water level). So focusing additional funds on I&1 projects are not
anticipated to reduce illuminate the need focus the identified priority projects.
The adopted wastewater master plan includes funds to purchase flow monitors so that staff can
continue to conduct infiltration and inflow evaluation on a basin by basin basis. This is not a one-time
effort, but an ongoing part of the sewer maintenance program to prevent increases in infiltration and
inflow as the system ages.
FISCAL IMPLICATIONS:
Reducing the proposed water rate increase to 10% across the board reduces annual water fund revenues
by $85,172 and does not fully address the under recovery issues in the water fund. This would result
in the deferral or elimination of certain water system maintenance projects and the elimination of a .5
FTE conservation specialist position.
STAFF RECOMMENDATION AND REQUESTED ACTION:
We recommend the original proposal presented on 5/1/12.
Page 4 of 5
Its,
CITY OF
ASHLAND
SUGGESTED MOTION:
Move to approve the attached Option 1 resolutions raising water rates effective June 22, 2012 and
raising wastewater rates effective June 22, 2012.
ATTACHMENTS:
I. Draft Water Master Plan documents may be viewed online at
http://www.ashland.or.us[Paty,e.asp?NavlD=l
2. The Adopted Wastewater Master Plan may be viewed online at
http://www.ashland.or.us/Page.asp?NavID—14696
3. Water Rates Resolution Option 1 Draft
4. Water Rates Resolution Attachment"A" Option I
5. Water Rates Resolution Option 2 Draft
6. Water Rates Resolution Attachment "A" Option 2
7. Wastewater Rates Resolution Draft
8. Wastewater Rates Resolution Attachment
Page 5 of 5
�r,
RESOLUTION NO. 2012-
A RESOLUTION REVISING RATES FOR WATER SERVICE PURSUANT
TO ASHLAND MUNICIPAL CODE SECTION 14.04.030 AND
REPEALING RESOLUTION 2011-08.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The water rate charges and rates as shown on the water rate schedule attached as
Exhibit"A" shall be effective for actual or estimated consumption on or after June 22, 2012.
1
Prorated calculations are permitted for any bills prepared for a partial month or billing period
that overlaps the effective date of this Resolution.
Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect
until revised by separate Council Action.
SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder.
SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this
resolution are classified as not subject to the limits of Section I lb of Article XI of the Oregon
Constitution (Ballot Measure 5).
SECTION 4. Resolution 2011-08 is repealed.
This resolution was duly PASSED and ADOPTED this day of May, 2012, and the
effective date is June 22, 2012 upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of May, 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page I of I
CITY OF ASHLAND, OREGON
EXHIBIT "A"
WATER RATE SCHEDULE
RESOLUTION NO. 2012-
EFFECTIVE JUNE 22, 2012
METERED SERVICE
All water service provided by the City of Ashland will be in accordance with Chapter 14.04 of the
Ashland Municipal Code.
1. WATER RATES WITHIN THE CITY LIMITS
A. MONTHLY SERVICE CHARGE:
The basic service charge applies to all metered water services and does not
include any water consumption.
OLD NEW
0.75 Inch Meter $14.84/month $17.66/month
1 Inch Meter $29.65/month $35.29/month
1.5 Inch Meter $42.26/month $50.30/month
2 Inch Meter $55.67/month $66.26/month
3 Inch Meter $116.39/month $138.53/month
4 Inch Meter $177.94/month $211 .78 1month.
6 Inch Meter $333.64/month $397.10/month
8 Inch Meter $556.04/month $661.80/month
B. WATER QUANTITY CHARGE:
All customers will be charged the following rates per cubic feet of water used.
Single Family'Residential Consumption
OLD NEW
0 to 300 cf per month $0.0169/cf $0.0183/cf
301 to 1000 cf per month $0.0209/cf $0.0226/cf
1001 to 2500 cf per month $0.0278/cf $0.0301 1cf
Over 2500 cf per month $0.0360/cf $0.0389/cf
Multi-Family Residential Consumption
OLD NEW
0 to 300 cf per month per unit $0.0169/cf $0.0183/cf
301 to 1000 cf per month per unit $0.0209/cf $0.0226/cf
1001 to 2500 cf per month per unit $0.0278/cf $0.0301/cf
Over 2500 cf per month per unit $0.0360/cf $0.0389/cf
EXHIBIT A -PAGE 1 -Effective June 22,2012
Non(Residential Consumption
OLD NEW
0 50,000 cf per month $0.0239/cf $0.0259/cf
Over 50,000 cf per month $0.0246/cf $0.0266/cf
C. TID IRRIGATION WATER RATES:
Unmetered Service $117.98/acre or portion of an acre-OLD
$127.65/acre or portion of an acre-NEW
Metered Service
Base Service Charge Same as "A" above
Water Consumption $0.0039/cf-OLD
$0.0042/cf-NEW
D. BULK WATER RATE:
For water provided on a temporary basis through a bulk meter on a fire hydrant,
The following charges apply: OLD NEW
Deposit` $1,290.11 $1,395.90
Basic Fee $162.91 $176.27
Cost of Water Same as Commercial
'Deposit is refundable less basic fee, cost of water, and any damage to the city
meter, valve, wrench, and/or hydrant.
E. FIRE PROTECTION SERVICE WATER RATE:
This rate shall apply to all fire protection services or fire guards. The basic
service charge will be equal to the minimum basic service charge. Water will be
billed at commercial rates.
2. RATES OUTSIDE THE CITY LIMITS
All rates and charges for water service provided outside the city limits will be 1.5
times the rates for water service provided within the city limits.
EXHIBIT A— PAGE 2 —Effective June 22,2012
3. SURCHARGE IRRIGATION RATES —WATER QUANTITY CHARGE
All customers will be charged the following rates per cubic feet of water used for
the months of June through September.
Single Family Residential Consumption
OLD NEW
0 to 300 cf per month $0.0169/cf $0.0183/cf
301 to 1000 cf per month $0.0209/cf $0.0226/cf
1001 to 2500 cf per month $0.0278/cf $0.0301/cf
2501 to 3600 cf per month $0.0360/cf $0.0389/cf
Over 3600 cf per month $0.0468/cf $0.0506/cf
Multi-Family Residential Consumption
OLD NEW
0 to 300 cf per month $0.0169/cf $0.0183/cf
301 to 1000 cf per month $0.0209/cf $0.0226/cf
1001 to 2500 cf per month $0.0278/cf $0.03010
2501 to 3600 cf per month $0.0360/cf $0.0389/cf
Over 3600 cf per month per unit $0.0468/cf $0.0506/cf
s
i
I .
i
I
, I •
I
EXHIBIT A—PAGE 3 —Effective June 22,2012
RESOLUTION NO. 2012-
A RESOLUTION REVISING RATES FOR WATER SERVICE PURSUANT
TO ASHLAND MUNICIPAL CODE SECTION 14.04.030 AND
REPEALING RESOLUTION 2011-08.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The water rate charges and rates as shown on the water rate schedule attached as
Exhibit "A" shall be effective for actual or estimated consumption on or after June 22, 2012.
Prorated calculations are permitted for any bills prepared for a partial month or billing period
that overlaps the effective date of this Resolution.
Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect
until revised by separate Council Action.
SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder.
SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this
resolution are classified as not subject to the limits of Section 1 lb of Article XI of the Oregon
Constitution (Ballot Measure 5).
SECTION 4. Resolution 2011-08 is repealed.
This resolution was duly PASSED and ADOPTED this day of May, 2012, and the
effective date is June 22, 2012 upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of May, 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
CITY OF ASHLAND, OREGON
EXHIBIT "A"
WATER RATE SCHEDULE
RESOLUTION NO. 2012-
EFFECTIVE JUNE 22, 2012
METERED SERVICE
All water service provided by the City of Ashland will be in accordance with Chapter 14.04 of the
Ashland Municipal Code.
1. WATER RATES WITHIN THE CITY LIMITS
A. MONTHLY SERVICE CHARGE:
The basic service charge applies to all metered water services and does not
include any water consumption.
OLD NEW
0.75 Inch Meter $14.84/month $16.32/month
1 Inch Meter $29.65/month $32.62/month
1.5 Inch Meter $42.26/month $46.49/month
2 Inch Meter $55.67/month $61.24/month
3 Inch Meter $116.39/month $128.03/month
4 Inch Meter $177.94/month $195.73/month
6 Inch Meter $333.64/month $367.00/month
8 Inch Meter $556.04/month $611.64/month
B. WATER QUANTITY CHARGE:
All customers will be charged the following rates per cubic feet of water used.
Single Family Residential Consumption
OLD NEW
0 to 300 cf per month $0.0169/cf $0.0186/cf
301 to 1000 cf per month $0.0209/cf $0.0230/cf
1001 to 2500 cf per month $0.0278/cf $0.0306/cf
Over 2500 cf per month $0.0360/cf $0.0396/cf
Multi-Family Residential Consumption
OLD NEW
0 to 300 cf per month per unit $0.0169/cf $0.0186/cf
301 to 1000 cf per month per unit $0.0209/cf $0.0230/cf
1001 to 2500 cf per month per unit $0.0278/cf $0.0306/cf
Over 2500 cf per month per unit $0.0360/cf $0.0396/cf
EXHIBIT A- PAGE 1 -Effective June 22, 2012
Non-Residential Consumption
OLD NEW
0 - 50,000 cf per month $0.0239/cf $0.0263/cf
Over 50,000 cf per month $0.0246/cf $0.0271/cf
C. TID IRRIGATION WATER RATES:
Unmetered Service $117.98/acre or portion of an acre-OLD
$129.78/acre or portion of an acre-NEW
Metered Service
Base Service Charge Same as "A" above
Water Consumption $0.0039/cf-OLD
$0.0043/cf-NEW
D. BULK WATER RATE:
For water provided on a temporary basis through a bulk meter on a fire hydrant,
The following charges apply: OLD NEW
Deposit* $1,290.11 $1,419.12
Basic Fee $162.91 $179.20
Cost of Water Same as Commercial
*Deposit is refundable less basic fee, cost of water, and any damage to the city
meter, valve, wrench, and/or hydrant.
E. FIRE PROTECTION SERVICE WATER RATE:
This rate shall apply to all fire protection services or fire guards. The basic
service charge will be equal to the minimum basic service charge. Water will be
billed at commercial rates.
2. RATES OUTSIDE THE CITY LIMITS.. .
All rates and charges for water service provided outside the city limits will be 1.5
times the rates for water service provided within the city limits.
EXHIBIT A —PAGE 2 —Effective June 22, 2012
3. SURCHARGE IRRIGATION RATES — WATER QUANTITY CHARGE
All customers will be charged the following rates per cubic feet of water used for
the months of June through September.
Single Family Residential Consumption
OLD NEW
0 to 300 cf per month $0.0169/cf $0.0186/cf
301 to 1000 cf per month $0.0209/cf $0.0230/cf
1001 to 2500 cf per month $0.0278/cf $0.0306/cf
2501 to 3600 cf per month $0.0360/cf $0.0396/cf
Over 3600 cf per month $0.0468/cf $0.0515/cf
Multi-Family Residential Consumption
OLD NEW
0 to 300 cf per month $0.0169/cf $0.0186/cf
301 to 1000 cf per month $0.0209/cf $0.0230/cf
1001 to 2500 cf per month $0.0278/cf $0.0306/cf
2501 to 3600 cf per month $0.0360/cf $0.0396/cf
Over 3600 cf per month per unit $0.0468/cf $0.0515/cf
EXHIBIT A — PAGE 3 —Effective June 22, 2012
RESOLUTION NO. 2012-
A RESOLUTION REVISING RATES FOR WASTEWATER
(SEWER) SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE
SECTION 14.08.035 AND REPEALING RESOLUTION 2011-09.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The wastewater(sewer) rate charges and rates as shown on the wastewater(sewer)
rate schedule attached as Exhibit "A" shall be effective for actual or estimated consumption on
or after June 22, 2012.
Prorated calculations are permitted for any bills prepared for a partial month or billing period
that overlaps the effective date of this Resolution.
Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect
until revised by separate Council Action.
SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder.
SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this
resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon
Constitution (Ballot Measure 5).
SECTION 4. Resolution 2011-09 is repealed.
This resolution was duly PASSED and ADOPTED this day of May, 2012, and the
effective date is June 22, 2012 upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of May, 2012.
I
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
EXHIBIT"A"
CITY OF ASHLAND, OREGON
SEWER RATE SCHEDULE
RESOLUTION NO. 2012-
EFFECTIVE JUNE 22, 2012
All sewer service provided by the City of Ashland will be in accordance with Chapter 14.08 of
the Ashland Municipal Code.
1. SEWER RATES WITHIN THE CITY LIMITS
Single Family Residential June 2011 June 2012
Monthly Service Charge $18.70 $20.60
Quantity Charge per cf $0.0280 $0.0308
Quantity Charge is based on average winter water consumption in excess of 400 cubic
feet (cf) per month. Winter consumption is defined as the average of water meter
readings taken in the months of January, February and March. Annually on April 1 the
bill will be adjusted based on the water meter readings taken during the previous three
months.
Single family residential water accounts with no consumption during the months of
January, February and March will be based on 700 cubic feet.
Multi-Family Residential June 2011 June 2012
Monthly Service Charge per $18.70 $20.60
Unit
Quantity Charge per cf $0.0280 $0.0308
Quantity Charge is based on average winter water consumption in excess of 400 cubic
feet per month per unit. Winter consumption is defined as the average of the water meter
readings taken in the months of January, February and March.
Multi-family residential accounts are all accounts in which more than one residential
dwelling is attached to the same water service. Annually on April 1 the bill will be
adjusted based on the water readings taken during the previous three months. Multi-
family residential water account with no consumption during the months of January,
February and March will be based at 500 cubic feet. Two dormitory rooms are equal to
one multi-family residential unit.
SEWER RATES, EXHIBIT"A" - Page 1 of 3
Commercial, Industrial and
Governmental June 2011 June 2012
Monthly Service Charge $19.54 $21.50
Quantity Charge per cf $0.0311 $0.0342
Quantity Charge is based on actual monthly water consumption. Mixed residential and
commercial accounts will be billed as commercial.
For commercial, industrial or govenunental users where monthly water consumption is
not measured through city water meters, the sewer rate will be established as follows:
The annual water consumption will be determine by an estimate made by the Director of
Finance who shall use water consumption records of similar users or water consumption
record of past use, if available. The annual water consumption will be multiplied by the
Quantity Charge set forth above and the product divided by twelve. The quotient will be
added to the Monthly Service Charge set forth above. The sum shall be the monthly
sewer rate for the user. This rate shall be effective beginning in the month after the rate is
determined until the rate schedule is amended by resolution of the council. At such time
the Director shall redetermine the annual water consumption and compute the monthly
sewer rate using the formal asset forth above. Water consumption determined in this
manner shall be lowered if the user can demonstrate through the use of a meter approved
by the city that the user's actual consumption is less than the estimate.
2. ADDJUSTMENTS AND EXEMPTIONS TO COMMERCIAL AND INDUSTRIAL
SEWER RATES
A. If a commercial, industrial or governmental user can demonstrate that the volume of
sewage discharged by the user is less than 50% of the water consumed, the City
Administrator may adjust the sewer user charge accordingly.
Methodology for Special Cases for City Administrator
1. Greenhouses, Churches, and Schools (grades K-12) operating on a nine month
school year.
June 2011 June 2012
Monthly Service Charge $19.54 $21.50
Quantity Charge per cf $0.0311 $0.0342
SEWER RATES, EXHIBIT "A" - Page 2 of 3
Quantity Charge is based on average winter water consumption. Winter consumption is
defined as the average of the meter readings taken in the months of January, February and
March. Annually on April 1 the bill will be adjusted based on the water meter readings
during the previous three months.
1. Bed and Breakfasts and Ashland Parks Bathroom
June 2011 June 2012
Monthly Service Charge $19.54 $21.50
Quantity Charge per cf $0.0311 $0.0342
Quantity Charge is based on winter water consumption. Winter consumption is defined as
the total of water meter readings taken in the months of January, February and March.
Annually on April 1 the bill will be adjusted based on the water meter readings during the
previous three months.
B. Water sold through an irrigation meter is exempt from sewer user charge.
3. SEWER RATES OUTSIDE THE CITY LIMITS
A. The sewer user charge shall apply to those sewer users permitted under Section
14.08.030 of the Ashland Municipal Code.
B. The sewer rates for outside the City limits shall be two times the sewer charges
for inside the City limits. Unmetered residential accounts will be calculated on an
average winter usage of 700 cubic feet of water for single family residences, and
500 cubic feet per unit for multi-family residences.
I
SEWER RATES, EXHIBIT "A" - Page 3 of 3
CITY OF
ASHLAND
Council Communication
May 15, 2012 Business Meeting
Conservation Commission Recommendations for Council Goal Additions
FROM:
Lee Tuneberg, Interim Assistant City Administrator, tuneberl@ashland.or.us
SUMMARY
The Conservation Commission provided Council with several recommendations for amendments to the
2012 Council goals at the April 15, 2012 study session. Council directed staff to develop goal
amendment language for their review and approval
BACKGROUND AND POLICY IMPLICATIONS:
The Conservation Commission has been working diligently over the past several years to develop
support and Council endorsement for the creation of a sustainability plan. Through the annual Council
goal setting process,the Conservation Commission has communicated this desire with general
agreement and acceptance from Council resulting in the creation of several Council goals relating to
the environment, with the most closely aligned goals being to "Develop a concise sustainability plan
for the community and for City operations".
In their effort to initiate and lead the implementation efforts in creating such a plan, the Commission
met with Council in two separate study sessions in April of 2011 and April of 2012 to clarify the
intention and desired direction of the Council.
The Commission proposed the development of a plan framework as the first step towards developing
the sustainability plan. This would provide Council, the Commission and staff with agreed upon
guiding principles, establish the scope and scale of the plan and become the foundation for the
remainder of the plan.
Council generally agreed that the framework would be an appropriate first step and directed staff to
integrate the Commission proposals from the April 15, 2012, study session into the sustainability plan
Council goal; with the first phase of the plan effort focusing on City operations.
The elements of the Commission's proposal include the following:
• The Conservation Commission will bring in a sustainability framework expert to City Council
to discuss the guiding principles and framework for sustainability.
• Conservation Commission will recommend and ask the City Council to adopt an Ashland
sustainability resolution that sets the foundation for sustainable City government operations.
• The Conservation Commission will further research other Oregon Cities' sustainability plans
and provide feedback to the City of Ashland.
Page I of 2
CITY OF
ASHLAND
• The City of Ashland will develop a city operations sustainability plan with support and input
from the Conservation Commission's research.
• The City of Ashland will appoint/assign a sustainability program manager to work across all
city departments
The Commission also included two specific action items in their overall proposal to Council that the
Commission has already begun research and initial implementation with city staff and requested
Council endorsement and support to continue those efforts in parallel with the development of the
sustainability plan framework.
• Continue to educate and enforce anti-idling ordinance 2882 for city vehicles operations, better
track fuel consumption and set benchmarks for efficiency standards for City fleet operations
• Formally adopt a policy that all new City owned buildings, including major renovations, be
constructed to LEED Silver certification standards.
Council concurred with the Commission on these actions and directed staff to provide Council with
background information and draft resolution or ordinance for LEED silver construction standards at a
future business meeting for their review and deliberation.
FISCAL IMPLICATIONS:
The initial development of the plan framework will primarily rest with the Conservation Commission
members, with assistance from the Commission's staff liaison. As the framework develops and the
project moves towards full action planning for City operations, city staff time will increase across all
departments, with the majority of the time involvement from staff assigned to coordinate the efforts,
initially discussed as being the Assistant City Administrator position.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve the inclusion of the Conservation Commission's
recommendations regarding the sustainability plan framework in the approved Council Goal to:
"Develop a concise sustainability plan for the community and for City operations, beginning with
development of a plan framework, suggested plan format, timeline and resource requirements for City
Operations that can be used as a model for a community plan to follow"
SUGGESTED MOTION:
I move to amend the 2011 Council Goal relating to the development of a sustainability plan to state:
"Develop a concise sustainability plan.for the community and for City operations, beginning with
development of a plan framework, suggested plan format, timeline and resource requirements for city
operations that can be used as a model for a community plan to follow"
ATTACHMENTS:
Conservation Commission April 16, 2012 study session packet materials
Page 2 of 2
Ir,
CITY OF
ASHLAND
Council Communication
April 16, 2012 Study Session
Discussion of Conservation Commission Report
FROM:
Lee Tuneberg, Acting Assistant City Administrator, tuneberl @ashland.or.us
SUMMARY
Council has received two letters from the Conservation Commission relating to recommended actions
regarding the Road Diet and sustainability. This study session is intended to give the Commission
time with Council to discuss the recommendations.
BACKGROUND AND POLICY IMPLICATIONS:
Staff sent a memo with two attachments in early March to ensure council received input from the
Commission, albeit late for the February 11, 2012, meeting. The Commission voted on each item to
be forwarded to Council for consideration and commission members have contacted council members
on them.
The first item relates to a requested study in conjunction with changes on North main referred to as the
Road diet.
The second item identifies work the Commission has done and draft products on LEED Certification,
fuel efficiency and sustainability.
Conservation commission members will attend to provide input.
FISCAL IMPLICATIONS:
The work done and proposed by the Commission falls within current budget parameters.
Recommendations for fuel efficiency steps are expected to have a positive impact on the budget
through cost savings. The proposed study for the road Diet is not included in the current budget.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council discuss the proposals and provide feedback to the Commission on both
documents.
SUGGESTED MOTION:
Not applicable.
ATTACHMENTS:
Staff memo dated March 1, 2012
Memo to Mayor &Council from Conservation Commission Chair, Jim Hartman
Report to council dated January 26, 2011 (2012)
Staff memo dated March 12, 2012
Page 1 of I
1`,
C I T Y OF
ASHLAND
Memo
DATE: March 1, 2012
TO: Mayor& Council
CC: Dave Kanner, City Administrator
FROM: Lee Tuneberg, Finance Director
DEPT: Administrative Services
SUBJECT: Recommendations from the Conservation Commission
Attached are two letters from the Conservation Commission intended for Council review and
acceptance. Although they are directly related, but were created under separate timelines, neither was
fonnally communicated as requested. The memos express the Commission's perspective but some
process information is warranted and follows:
Road Diet Study Recommendation
The Committee voted to recommend an environmental assessment study as part of the analysis for
implementing the Road Diet trial for North Main and for ongoing consideration. Their vote and the
context was already sent to Council as part of their minutes from November, 2011. The concept has also
been shared with Public Works staff but not a copy of the letter.
Council Goals Relating to the Conservation Commission and Sustainability
The Conservation Commission has been working earnestly on actions relating to the Council goal
related to sustainability. The attached memo and documents recap their work toward this ongoing goal.
If you have questions on either of these documents please contact me, the liaison or the Commission
Chair. Thank you.
ADMINISTRATIVE SERVICES DEPARTMENT
D.I.Tuneberg,Director Tel 541-488-5300 =,
20 East Main street Fax:541-552-2059
Ashland,Oregon 97520 TTY: 800-735-2900
w .ashland.or.us
January 26,2011
Ashland City Council,
The Conservation Commission encourages the City Council to continue pursuing the Environmental
goals established by Council in January 2011. The Commission has relied upon these goals as a basis for
the development of recommendations of objectives, benchmarks and actions to support and achieve the
stated goals. Current topics under Commission development are identified under each of the 2011 Council
goals and will be presented to Council in the near future for consideration and adoption.
Adopt land use codes, building codes, green building standards, and fee structures that
creates strong incentives for development that is energy,water, and land efficient and
supports a multi-modal transportation system.
• The Conservation Commission recommends that the City require a minimum LEED Silver
Certification for all new City buildings and retrofits.
Develop a concise sustainability plan for the Community and for City Operations
• The Conservation Commission will bring in a sustainability framework expert to City Council to
discuss the guiding principles and framework for sustainability.
• Conservation Commission will recommend and ask the City Council to adopt an Ashland
Sustainability Resolution that sets the foundation for sustainable City government operations.
• The Conservation Commission will further research other Oregon City's Sustainability Plans and
provide feedback to the City of Ashland.
• The City of Ashland will develop a City Operations sustainability plan with support and input
from the Conservation Commission's research.
• The City of Ashland will appoint a Sustainability Program Manager to work across all City
Departments
• Continue to educate and enforce anti-idling ordinance 2882 for city vehicles operations.
Develop a strategy to use conservation and local renewable sources to meet Tier 2 power demands.
• Pending
Implement specific capital projects and operational programs to ensure that City facilities and
operations are a model of efficient use of water
• Pending
LEED Certification Recommendation
A stated Ashland City Council goal is to:
Adopt land use codes, building codes, green building standards, and fee,structures that
create strong incentives for development that is energy, water, and land efficient and
supports a multi-modal transportation system.
To obtain this goal, the Ashland Conservation Commission recommends that the City
require a minimum LEED Silver Certification for all new City buildings and retrofits.
"LEED, or Leadership in Energy and Environmental Design, is an internationally-recognized
green building certification system" that "provides building owners and operators with a,
framework for identifying and implementing practical and measurable green building design,_
construction, operations and maintenance solutions."While the LEED rating system is in no way
perfect, it does create a viable framework for discussing and selecting the'most appropriate
sustainable strategies during the design and construction of,new buildings.
Adopting a progressive building standard is the next logical step in achieving the City Council's
stated goal of tong term sustainability. The-Conservation Commission has made
recommendations on LEED certification in the-past (2006 Fire station#2), and the City Council
has already adopted a fast-track permitting process for buildings seeking.LEED certification
(City of Ashland Ordinance 3035). Unfortunately, these actions have not resulted in as
significant an impact as anticipated. To date, there are no LEED certified buildings in Ashland,
and there are only 3 LEED buildings which have attempted registration.
In order to create a development atmosphere conductive to sustainable design, the City needs
to take a leadership role,by ensuting that any future building projects and retrofits achieve at
least some measurable"positive affect on the environment. Creating the proposed resolution
would not only help.the City achieve its conservation goals but would also show the community
that the City of Ashland is ccoommitted to making positive change in its built environment.
Additionally, many other municipalities have adopted similar measures, including Cities of
comparable orsm_alter size to.Ashland (Oregon City, OR, Happy Valley, OR, West Linn, OR,
Albany, CA):-_,
Respectfully,
I
The.City of Ashland,Conservation Commission
,r
l
Council goal Recommendation: Fuel efficiency
The Conservation Commission would like to recommend the following council goals for 2012:
• Continue to educate and enforce anti-idling ordinance 2828 for city vehicles operations.
Anti-idling reminder decals (provided by DEQ) are to be installed in all city operated
vehicles (these have already been ordered).
• Track fuel efficiency for city vehicles with the exception of vehicles listed in Ordinance
2828.
• Operate vehicles within 2mpg variance of fuel efficiency standards as published at
www.fiieleconnmy.gov. (Current statistics indicate a 2-]9mpg variance)
• Earmark $5,000.00 to employ a grant writer in pursuit offunds for Auxiliary Power Units
for vehicles currently idling to perform duties as part of city operations and emergency
services. These technologies effectively reduce toxic emissions 50-95%
• Establish fines for all vehicles within the city limits violating Ordinance 2828 and
engaging Diamond parking to enforce fines. F.ines`across the nation average$1007$500
for first offence and $300 41000 for second plus offences.'htrp;//www.a/ri-
online.org/research/resulls/idling_chart pdf
City of Ashland, Oregon Ordinance No. 2828: /
N,
AN ORDINANCE ADDING SECTION'fl 24.020.H TO THE ASHLAND MUNICIPAL
CODE TO PROHIBIT TRUCKS AND:BUSES'FROM IDLING,WHILE PARKED
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following section is added to the Ashland Municipal Code as section
11.24.020.11 \v
H. Or stand or stop a truck or bus on,'a public street r in a public parking area with its engine
running, if such engine emits exhausttfumes into,the air. Vehicle engines shall be turned off
when loading and-unloading,passengers ormerchandise. This subsection H shall not apply to:
1:'An;engine running for less th n five minutes:
r i A vehicle in the movifig.ttaffic lane waiting to move with the normal flow of traffic,
�3 An engine needed to-operaWequipment used to load or unload merchandise,
4. Trucks under 12,000 GVW and'buses with a carrying capacity of fifteen passengers or
less, or�`
5. Emergency vehicles, utility company, construction and maintenance vehicles, the
engines of which must run to perform needed work.
The foregoing ordinance was first READ on the 16th day of April 2002, and duly PASSED and
ADOPTED this 7th day of May 2002. Barbara Christensen, City Recorder
SIGNED and APPROVED this 8th day of May, 2002 Alan DeBoer, Mayor
Reviewed as to form: Paul Nolte, City Attorney
Safreno/Gould Page 1 2/3/2012
Council goal Recommendation: Fuel efficiency
Support Material:
Anti idling helps to reduce wear and tear on engines, lengthens engine life,reduces fuel
consumption, (201 1 city consumption 95,434.10 at a cost of$370,658.24 annually). It also
contributes to a cleaner atmosphere. Reducing idling makes good business sense. According to
the EPA the emissions from engines contain harmful air pollutants including,volatile organic
compounds (VOC), particulate matter(PM), nitrogen oxides (NOx), carbon monoxide (CO),
carbon dioxide(CO2) and other greenhouse gases. These pollutants contribute to urban smog,
acid rain, poor air quality, decreased visibility also known as regional haze, and a variety of
health problems, such as asthma and heart disease. The Conservation Commission (CC) has
obtained decals from the DEQ about anti-idling and havepassed them onto city employees in
hope of them being displayed in every city vehicle. ,\\
There are several ways to track the vehicles and establish a baseline. One of the ways we
recommend would be to review the miles per gallon'(MPG) of vehicles that do not require
engine power for other uses such as city operatio sand emergency vehicles;.,A list of vehicles
was provided to the CC and we compared the MPG'S:,Currently�the city vehicles have variances
that go between 2 and 19 MPGs The CC believes�thatthe `city will be able t6,save a significant
amount of money by tracking this and setting a goal of41vIP,Gs variance.
\�\
The CC has asked for reports from the city to figure out if we are adhering to the anti-idling
policy and if it is working. However currently there,isno baseline for the CC or the city to be
able to measure their performance. A polieyt will only be effective if it is enforced and if it is not
measured it cannot be enfmced More simphfied.wpafgets measured gets managed.
The CC is currently working with the Public Works Superintendent, who has supplied the CC
with lots of data;however it appear that currently the city does not track the mileage of each of
its vehicles. We understand that some vehicles'are tracked by hours due to the nature of their
work, however there are plenty of�other vehicles\ith in the city that should be tracking mileage.
If we starf'to track the progress of the policy, we will be able to see the numbers and cost
savings. With the savings that occur the city can then look into other alternative and methods to
help with keeping our fleets fuel=efficienfatid eco friendly.
1„�
According to a study done by Hinkle Charitable foundation we can save with anti-idling policies
a t �
Gasoline not Gasoline not Savings CO2 Not
Engine Size burned burned Emitted
Small 6 cylinders or
less 0.5 cup . _ , _ 10 gallons $39.93 ;220 Ibs
8 cylinder 1 cup 20 gallons $79.86 4401bs
Fleet of 8 trucks with 8
cylinders '' 8 cups _ _ 160 gallons $628.50 3,520
Safreno/Gould Page 2 2/3/2012
Council goal Recommendation: Fuel efficiency
The CC would also like to recommend that the council earmark $5,000 for a grant writing to
work on getting one of the many grants that are available for APU generators to be installed on
city vehicles so they do not have to idle to operate.
• In Washington state the Poulsbo Fire Department will use a $39,000 grant from the
Washington Department of Ecology (Ecology) to install generators and back-up battery
systems on emergency vehicles which will save money and reduce air pollution.
Department of Ecology News h/1/ri;irunn.ecr.mn'goriiretrs/70!!.'!,•'8
• There are also grants through the Federal FIRE ACT Grants & Funding for generators
f._
•
The USDA ARRA Special Vehicle and Equipment,lnitiative have grants available for
generators for Emergency vehicles.
4
i
One Myth regarding idling:
(1) A car should idle before driving to warm it up\
(2) Idling a vehicle is more fuel-efficient than restarting it
Through field tests, the American Society�of-Mechanical—gineers Florida Section showed that
restarting a car with a six-valve (V6) engine consumes approximately the same amount of fuel as
idling for five seconds.8 several other enuiionmental`groups ai3vo`cate for either a"10-second" or
a "30-second" rule. Natural Resources Canada (A Canadian Government Agency) stresses that
idling is not an effective way to warm up a car.,,Even imwmter,.only 30 seconds is needed to
warm the car's engine. Other ve icle,parts, such as the axles do not warm up until the vehicle is
i
driven.9 1 �
Safreno/Gould Page 3 2/3/2012
tip`, fo M rr:Y n c � o Q o o c y-� n ...w a ❑ � c .�, w �fJ
Tt Fr G w < tic �- C1 m 3 i c w v v rt
-j .+, •< cc Z w n °_—' ._-
32. J'-
{
AY
AL
o c
t m2 ?S
S 5t nU�" ry R�3 Iq�y��Y3 r b s
�:. 0 3 40 3 y e � p •� 0
y
CD t tai
— o IMdz R ✓c � � 'ti S } �
3CLZ?�
Er
z
,• P4 ] p ?�i� � : � via +t ..
D•
T "
z4
ki i x
i
Tv
t
m rs{
to +
•
i
w Fl {} �`
G. w 5 f V S v 9 F e ° e •�". i , ^ 0 00 � F
P C S R K P °
� •< a f n w c � � H m
f'C O
C'. Fy N 5 N p �
IF " a O
_ n
n � 0 '�
\ S 6 O O w 6 rt G m.
gnf n 2 C
� •< ea a e w e �c � e
F Cl)
cw
CD
ZE
ai
A a
C
wo 0 o , wo ry = R � a
; _ r5m � 4. w yew � gw � 3rt " .rv:flJ
C
=- S
1 c: d � oc vO
cm
v
�• � ^� N A N O 9a rt Q O V
S =o rt R m� °r. _ .�.•
i. R N
Dear Mayor Stromberg and members of the Ashland City Council,
At its meeting on August 24, the Conservation Commission approved a motion
urging the city government to initiate an Environmental Impact Statement on the
proposed North Main Street "road diet." Subsequently,the Commission was
advised that Public Works Director Mike Faught believes such a statement could
cost in the range of $100,000.
This cost estimate has raised concerns. Therefore the Commission requests that the
city undertake an environmental review of the project. This could include assessing
the experiences of other municipalities where similar highway changes were made.
Potential questions to be answered in a review would include:
1. Estimated increase-in bicycle and pedestrian use of the North Main Street
corridor.
2. Estimated environmental and energy savings from additional bicycle and
pedestrian use.
3. Estimated decrease in auto and truck traffic on North Main Street.
4. Estimated increase in auto and truck traffic on other streets.
5. Estimated impact on environment of anticipated delays in auto and truck
traffic.
6. Estimated impact on energy use of anticipated delays in auto and truck
traffic.
The Conservation Commission did not take a position on whether this study should
be made before the"road diet' test was initiated or as a part of the review of the
test.
Jim Hartman
Chairman
CITY OF
ASHLAND
Memo
DATE: April 12, 2012
TO: Conservation Commission
CC: Lee Tuneberg, Interim Assistant City Administrator
FROM: Adam Hanks, Project Manager, Administrative Svs & Electric Utilities
RE: Staff Response to Commission Recommendation on Fuel Efficiency
At its meeting of January 25, 2012, the Conservation Commission requested that City Staff respond to
the Commission's draft recommendation regarding fuel efficiency. The document contained five
recommended actions to implement with the goal of increased fuel efficiency and/or a reduction in fuel
consumed. Additionally, the recommended actions targeted both City Fleet operations and general
idling enforcement throughout the City.
Each recommended action is listed below in bold, with the Staff response in italic's immediately
following each action.
1) Continue to educate and enforce anti-idling ordinance 2828 for city vehicle operations. Anti-
idling reminder decals (provided by DEQ) are to be installed in all city operated vehicles (these
have already been ordered)
Ordinance 2828, adopted in April of 2002, was codified in the Ashland Municipal Code in section
11.24.020- Prohibited Parking
HOrstand or stop a truck or bus on a public street or in a public parking area with its engine running, ifsuch
engine emits exhaust ones into the air. Vehicle engines shall be turned off when loading and unloading
passengers or merchandise. This subsection H shall not apply to:
1. An engine running for less than five minutes.
2. A vehicle in the moving traffic lane waiting to move with the normal flow of traffic.
3.An engine needed to operate equipment used to load or unload merchandise,
4. Treks under 12,000 GVW and buses with a carrying capacity offrfteen passengers or less, or
5. Emergency vehicles, utility company, construction and maintenance vehicles, the engines of which
must run to perform needed work.
While City vehicles often fall within exemption 5, it is evident that City vehicle idling does occur outside
of the key clarification of the exemption "of which must run to perform needed work".
Staff agrees with the action recommendation regarding idling reminder decals (now in City Staff
possession) and will be installing them on vehicles as they are serviced by our Fleet Maintenance Staff
and will be made part of the standard checklist to ensure they remain. To provide ftrther reminder
signage will be installed in key visible locations throughout the Service Center to prevent unnecessary
City of Ashland
ADMINISTRATIVE SVS 8 ELECTRIC UTILITIES DEPT Tel 541-552-2046
20 East Main St Fax:541 45&5311
Ashland,Oregon 97520 TTY: 800-735-2900
w .ashland.or.us
adam @ashland.ovus 91FAW1
idling. Additionally, idling education will be incorporated into the required monthly safety meetings
conducted by each Department.
Note. Many of the newer heavy duty diesel powered vehicles contain an auto shut-off setting to
automate the required engine warranty warm up period which shuts down the engine after reaching the
predefined factory settings preventing unnecessary idling.
2) Track fuel efficiency for city vehicles with the exception of vehicles listed in Ordinance 2828
The current methodology for tracking fuuel efficiency for all City vehicles is through the fueling station.
Each vehicle in the City feet has a unique ID number that is entered into the fiiel station prior to re-
fueling. This information is then added to the Fleet Maintenance system which records vehicle mileage
to get the fuuel efficiency rating of each vehicle.
Vehicles exempted in ordinance 2828 could encompass nearly all of the City feet, with the only method
of distinction being the task they are being used for at a particular time. Rather than attempt to create a
subjective list of exempt and non-exempt vehicles to track, the City's Fleet Maintenance Staff suggests
that efficiency be tracked and summarized by vehicle class, such as passenger, light duty, heavy ditty,
special use (street sweeper, vacu-truck, etc). Fleet Maintenance spreadsheets are now indexed by
vehicle class making class by class analysis available.
3) Operate vehicles within 2 mpg variance of fuel efficiency standards as published by
wTvw.fuelecononty.EOV (current statistics indicate a 2-19 mpg variance)
Staff has reviewed the information provided by the EPA on the Tvww.hrelecono)nv.L'or site and can use
the information as a benchmark for several vehicle types within the City feet. Staff contacted EPA fuel
economy staff to determine if a similar database was maintained for commercial/utility/industrial types
of vehicle fleets and was informed that the wide variety of uses of commercial/utility vehicles made
averages jar less reliable and instead recommended contacting industry specific agencies for that type
of data. Fleet Maintenance Staff have contacted Fleet Staff's in Portland, Eugene, Salem and Medford
and continues to look for a fuel efficiency standard to use for benchmarking purposes.
Benchmarking using our own vehicle usage history by vehicle class, as well as maintaining more
current vehicle specific usage information will be utilized by City Staff in parallel to any outside agency
benchmarking data.
4) Earmark $5,000 to employ a grant writer in pursuit of funds for Auxiliary Power Units for
vehicles currently idling to perform duties as part of City operations and emergency services.
These technologies effectively reduce toxic emissions 50-95%
City Staff in many different City Departments frequently write grant requests for a variety ofprojects,
services or materials. City Staff have reviewed APU's and their potential for the City fleet and have
contacted the Fleet Representative from the Rogue Valley Clean Cities Coalition regarding their
availability through a joint CMAQ grant application with other municipal fleets. It has not yet been
determined whether the joint grant application will be made. If not, City Staff may pursue other grant
opportunities, review the performance of the AP U's with the City of Central Point (3 AP U's in patrol
cars) and purchase units through the City's equipment fund.
City of Ashland
ADMINISTRATIVE SVS 8 ELECTRIC UTILITIES DEPT Tel 541-552-2046
20 East Main St Fax:541488-5311
Ashland,Oregon 97520 TTY: 800-735-2900
adamQa ashland.or.us -
5) Enforce fines for all vehicles within the city limits violating Ordinance 2828 and engaging
Diamond parking to enforce fines. Fines across the nation average$100-$500 for first offence and
$300-$1,000 for second plus offences. http://ww-Nr.atrionline.orp/research/results/idling chart.pdf
Enforcement of the idling regulations would be violations of the Ashland Municipal Code (AMC), which
incorporated Ordinance 2828 in AMC 11.024.020 H. Every Code section in the AMC has an identified
classification offnne consistent with Oregon Revised Statutes so the fine structure for idling currently is
set by Code and is defined as a Class B offense, which carries an initial base fine of$242, which can be
increased up to $360 or reduced as low as zero based on the decision of the Municipal Court Judge and
not at all at the discretion of City Staff or Diamond Parking.
Utilization of Diamond Parking to enforce the idling regulations beyond their current involvement of
proactive communication and verbal warnings to those that they are able to talk to, would require an
amendment to the existing contract and would need concurrence from the City A tiorney's Office to
ensure Diamond is legally able to perform those duties. Depending on the additional costs for the
additional services provided, the contract amendment may require specific approval from City Council.
City of Ashland
ADMINISTRATIVE SVS&ELECTRIC UTILITIES DEPT Tel 541-552-2046
20 East Main St Fax:541488-5311
Ashland,Oregon 97520 TTY: 800-735-2900
adam@ashland.or.us
CITY OF
ASHLAND
Council Communication
May 15, 2012 Business Meeting
A Resolution Adopting an Opt Out Policy for the Automated Meter Reading
Program
FROM:
Lee Tuneberg, Acting Assistant City Administrator, tuneberl @ashland.or.us
SUMMARY
Ashland uses radio frequency transmitters to gather meter reading information for operational
efficiency. Peer systems are adopting policies to allow citizens to choose to not have this technology
used at their residence. Such policies normally provide for the customer to pay an additional fee to
defray the costs of physically reading the meter and managing the account less efficiently. The City
does not have such a policy and this communication provides for establishing one.
BACKGROUND AND POLICY IMPLICATIONS:
This was last discussed at the April 30, 2012, study session and the attached policy reflects that
discussion.
The policy includes the following changes:
1. The charge for a request to opt out includes costs for both removal of a RF capable meter and
the reinstallation at some future date.
2. If the request occurs before dispatching an employee to install a RF meter, then the charge
levied will represent an estimate of costs to install at a future time.
3. The monthly charge is meant to cover all costs for managing and maintaining specific
information on the account at the time of the initial request, through routine monthly billing and
reviews of the account, and upon conversion to(or back to) RF reading at some future date.
The intent is to notify customers in advance of a route being "prepared" for complete AMR reading to
allow the customer an opportunity to "opt out" and avoid the initial charge. If the city receives written
notification from the customer during the preparatory period, the City will be able to make appropriate
adjustments at a reduced cost thus sufficiently reducing the need to charge for the initial meter change.
The city will still charge for the monthly maintenance fee for accounts that have "opted out" and for
the eventual installation.
FISCAL IMPLICATIONS:
Not having as many meters as possible utilizing RF reading technology will add cost to operations.
The costs include staff going "deeper" onto a customer's property to gather data and "handling and/or
tracking' costs in the utility billing section. The recent trend across the nation is to have the customer
bear some portion of that cost.
Page I ot2
Ir,
CITY OF
ASHLAND
Proposed and approved fees will be incorporated into the Miscellaneous Fees & Charges update
process for easy documentation and reference. The currently estimated fee for not having a RF meter
at a residential property is $120 which includes two visits to the property and a monthly fee of$20 to
cover ongoing costs for"manually" reading the meter, transferring and tracking the information by the
Customer Service/UB division and any subsequent visits to the property to verify the reading when
accuracy is questioned.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council establish an Opt Out program including fees to cover estimated costs for
this less-than-efficient service option.
SUGGESTED MOTION:
I move approval of a resolution adopting an opt-out policy for the automated meter reading program.
ATTACHMENTS:
Resolution
Policy
Page 2 of 2
��,
RESOLUTION NO. 2012-
A RESOLUTION ADOPTING AN OPT OUT POLICY FOR THE
AUTOMATED METER READING PROGRAM
Recitals:
A. The City currently has a program to read utility meters automatically utilizing radio
frequency technology.
B. The City recognizes that some individuals believe there is a health concern related to
exposure to radio frequency technology and would appreciate an alternative method
of gathering readings at their place of residence.
C. The City desires to establish a policy in which a customer may choose to reduce
possible exposure to radio frequency transmissions by electing to not have such
technology used to collect utility readings from their place of residence.
] D. The City desires to collect from the customer electing to "opt out' of the radio
Lfrequency meter reading program the actual or estimated costs caused by the election.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City ereby establishes an "opt out' policy for meter readin�er the attached
administrative procedure.
SECTION 2. The fees and charges for a service that could be read by radio frequency but must
be read by conventional methods due to the election will be included with' the Miscellaneous
Fees and Charges Document, and updated from time to time as is necessary
SECTION 3. This resolution was duly PASSED and ADOPTED this day of
2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of May, 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
CITY OF
ASHLAND
ADMINISTRATIVE POLICY LAST MODIFICATION:May 1,2012
2012-05.01
ORIGINATING DEPARTMENT: Electric
SUBJECT: Automated Meter Reading Opt Out Policy
PURPOSE: This sets forth the City's policy as it relates to customers requesting to not have radio
frequency technology used to read the meter at their residence.
STATEMENT OF POLICY: This policy applies to residential customers who own the property in question
or have written authorization from the owner to be responsible for all utility costs and can make such
decisions about service levels.
POLICY:
The City of Ashland will read meters in timely efficient manner using the method and technology that it
deems appropriate. The current technology employed is to use a digital meter fitted with a radio
frequency(RF)transmitter. However, the City will install, or leave installed, a meter that can be read
without utilizing radio frequency technology at a customer's residence after receiving a written request
from the customer agreeing to bear all costs as determined by the City. This policy also applies to
other account types if the customer requesting the change has full responsibility of the service and
related costs. If not, the City retains final decision making authority for changes in meter reading
methods and technology.
AMR Conversion:
The City will continue to install meters capable of being read by radio frequency technology as business
operations allow. Prior to converting routes the City will alert customers of the potential change by
including a notice on the face of, or inserted within, a prior utility bill,allowing them time to request a
non-RF meter in advance of the change.
Written Request:
The customer(owner of the property or tenant with written authorization to be responsible for all utility
costs) will sign the appropriate City document to request a change in meter reading.methodology for
the appropriate location agreeing to promptly pay all associated fees as determined by the City. For
this purpose, a copy of the lease, signed by all parties, specifying the tenant's responsibility for all utility
costs and/or a letter signed by the owner/landlord expressing the same is needed.
Fees & Charges:
The City will establish fees for installation, change out and monthly services as deemed appropriate by
staff and approved by Council.
ADMINISTRATION Tel 541-088-531 1
20 E Main Street Far:541-088-531
Ashland,Oregon 97520 TTY: 800-735-2900
v .ashland.or.us
1. The fees charged may include estimates for future services such as reinstalling a radio
frequency(RF)technology device after the owner or owner's representative is no longer
residing at that address.
2. Fees and charges will be incorporated in the City's Miscellaneous Fees& Charges resolution
and may be adjusted from time to time without requiring advance notice.
3. The customer will pay all fees and charges promptly upon notification of the amount owing.
Service(s):
A. Any metered service in a route that potentially could be read by radio frequency technology(more
than 50% of the meters could be read through RF)will be subject to meter reading with RF
technology unless a customer requests to Opt Out.
B. Upon receiving a written request on an approved form with appropriate supporting documentation,
as needed,staff will make note of the request to Opt Out on the account.
C. Staff will schedule a service call to the property to assess and/perform adjustments to the
equipment at that location in keeping with this policyand the request. The account will be charged
accordingly. If it can be verified that no changes are needed without a service call to the property
there will be a reduced charge to represent the future cost to change the meter.
D. City will read the meter without using radio frequency technology until such time as is requested by
the owner/tenant who requested to Opt Out.
E. The approved request will be maintained on the customer's account and tracked as needed,
resulting in a monthly charge as approved by Council deemed to cover costs for reading and
account management.
F. City will return the service to radio frequency reading or capability at its discretion after the property
or tenancy has changed to another party unless the new parry also follows the approved process to
request to Opt Out before the City has installed a RF meter.
At no time is the owner/tenant/customer authorized to remove, adjust or tamper with City equipment. If
access to read the meter is prevented by customer action or inaction the City can deny the Opt Out
request and install a RF meter to assure timely and accurate readings. Customer will be responsible
for any costs relating to the change.
Approved: Date:
David Kanner, City Administrator
Legal Review: Date:
David Lohman, City Attorney
20 E Main Sbe t Tel:541 488-531
20 E Mom Street Far:541488-5311
Ashland,Oregon 97520 TTY: 800-735-2900
w .eshland.or.us
CITY OF
ASHLAND
Council Communication
May 15, 2012 Business Meeting
First Reading of an Ordinance Amending AMC Chapter 10.46 Prohibited
Camping, Clarifying Section 10.46.010 Definitions
FROM:
Terry Holderness, Police Chief, holdernet @ashland.or.us
SUMMARY
This ordinance amends the language of AMC 10.46.01013, Prohibited Camping, by removing the
current requirement that the campsite be placed, established, or maintained for"the purpose of
maintaining a temporary place to live." Violators have successfully argued in court that that is not the
purpose for which he/she is camping.
BACKGROUND AND POLICY IMPLICATIONS:
The Municipal Court has recently dismissed several citations issued to people for violation of AMC
10.46, Prohibited Camping,based on the determination that under the definition of"Camping" in
10.46.01013 a person has to intend to live where they are camping. This amendment would clarify the
language to remove the "purpose" condition which is otherwise superfluous, and replace it with what
makes public camping objectionable: the exclusion of the general public from utilizing the public place
for its expected and intended purpose. This, thereby, makes the ordinance easier to enforce and
prosecute violations under this section.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the Council approve first reading of the Ordinance and move the Ordinance for
second reading.
SUGGESTED MOTION:
Motion to approve First Reading of an Ordinance titled, "An Ordinance Amending AMC Chapter
10.46 Prohibited Camping, Clarifying Section 10.46.0 10 Definitions" and move the Ordinance for
Second Reading.
ATTACHMENTS:
Proposed Ordinance
AMC 10.46 Prohibited Camping
Page I of I
��,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 10.46
PROHIBITED CAMPING, CLARIFYING
SECTION 10.46.010 DEFINITIONS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City of Ashland wishes to amend Section 10.46.010 Definitions of Chapter
10.46 Prohibited Camping for greater clarity.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.46 Prohibited Camping, Section 10.46.010 Definitions is hereby
amended to read as follows:
10. 46 Prohibited Camping
10.46.010 Definitions
Unless the context requires otherwise, the following definitions apply:
A. "To Camp" means to set up or to remain in or at a campsite.
B. "Campsite" means any place where bedding, sleeping bag, or other material used
for bedding purposes, or any stove, fire, or cookine apparatus, other than in a
designated picnic area, is placed, established, or maintained for- the purpose of
love,aintitining it temporary phiee to so as to exclude the use of public
property by the General public, whether or not such place incorporates the use
of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
SECTION 2. Savings. Notwithstanding this amendment, the City ordinances in existence at the
time any criminal or civil enforcement actions were commenced, shall remain valid and in full
force and effect for purposes of all cases filed or commenced during the times said ordinances(s)
or portions thereof were operative. This section simply clarifies the existing situation that
Ordinance No. Page I of 2
I
nothing in this Ordinance affects the validity of prosecutions commenced and continued under
the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter"or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of , 2012.
Y
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 2 of 2 -
City of Ashland, Oregon - Municipal Code Page 1 of I
10.46.010 Definitions
Unless the conteixt requires otherwise, the following definitions apply:
A. 'To Camp" means to set up or to remain In or at a campsite.
B. "Campsite" means any place where bedding, sleeping bag, or other material used for bedding
purposes, or any stove or fire is placed, established, or maintained for the purpose of
maintaining a temporary place to live, whether or not such place incorporates the use of any
tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
http://www.ashland.or.us/CodePrint.asp?Code]D=2515 5/3/2012
CITY OF
ASHLAND
Council Communication
May 15, 2012 Business Meeting
An Ordinance Adding AMC 9.08.280 Feeding of Deer, Raccoon, and Potentially
Habituated Wildlife Prohibited Within the City Limits of Ashland
FROM:
Dave Lohman, City Attorney, lohmand @ashland.or.us
SUMMARY
This Ordinance addresses concerns for the feeding and domesticating of deer, raccoon, and potentially
habituated wildlife within the Ashland City limits and requests a remedy by prohibiting the feeding of
potentially habituated wildlife.
BACKGROUND AND POLICY IMPLICATIONS:
The feeding or otherwise domesticating of deer, raccoon, and potentially habituated wildlife within the
Ashland City limits has been observed to create public health hazards by increasing traffic hazards,
attracting predatory wildlife, and creating an environment for their aggressive protection of territory;
and results in damage to landscaping, fences, and other structures in the City, and sometimes results in
personal injury to persons and companion animals. The Council, at its April 17 meeting requested that
staff prepare the attached ordinance after hearing expert testimony that a "no-feed"ordinance would be
effective in reducing the urban deer population. This ordinance is intended to serve as both an
education and an enforcement tool.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve the ordinance on first reading by title only and move the
ordinance to second reading.
SUGGESTED MOTION:
Motion to approve First Reading of an Ordinance titled, "An Ordinance Adding AMC 9.08.280
Feeding of Deer, Raccoon, and Potentially Habituated Wildlife Prohibited within the City Limits of
Ashland" and move the Ordinance on to Second Reading.
ATTACHMENTS:
Proposed Ordinance
Page I of I
�`,
i v \
i
�1\ ORDINANCE NO.
AN ORDINANCE ADDING AMC 9.08.280 FEEDING OF DEER,
RACCOON,/AND POTENTIALLY HABITUATED WILDLIFE
PROHIBITED WITHIN THE CITY LIMITS OF ASHLAND
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly.grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing;and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, feeding or otherwise domesticating deer, raccoon, and potentially habituated
wildlife creates public health hazards by increasing traffic hazards, attracting predatory wildlife,
and creating environment for their aggressive protection of territory;
WHEREAS, feeding deer, raccoon, and potentially habituated wildlife frequently results in
damage to landscaping, fences, and other structures in the City and property by consumption of
private landscaping, and sometimes results in personal injury to persons and companion animals;
and
WHEREAS, feeding deer, raccooh and potentially habituated wildlife interferes with accepted
wildlife management practices.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following is hereby added to Chapter 9 of the Ashland Municipal Ordinance
as follows:
AMC 9.08.280 Feeding of Deer, Raccoon, and Potentially Habituated Wildlife Prohibited
A. As used in this section:
1. "Officer" means any person authorized to enforce city codes under
AMC 1.08.005.
2. "Potentially habituated wildlife", as defined by ORS 496.731 (b), means bear,
cougar, coyote and wolf.
B. A person who knowingly places;deposits, distributes, stores or scatters food,
garbage or any other attractant so as to knowingly constitute a lure, attraction or
Ordinance No. Page 1 of
I
enticement for deer, raccoon, or potentially habituated wildlife may be issued a
written notification by an officer requiring the person to remove the food, garbage
or other attractant within two days of notification.
C. A person who receives a written notification under subsection (B) of this section
shall remove the food, garbage or other attractant as directed.
D. Violation--Penalty. As otherwise allowed under AMC 1.08.010, any violation of this
section may be considered a nuisance and is punishable as a Class 1 violation and
each day the nuisance is maintained shall constitute a separate offense.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that and Whereas clauses and boilerplate provisions (such as Section 3 and 4) need'not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 12012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. _ Page 2 of 2